New IDEA Regulations Address Disciplinary Actions, "Unique Circumstances"

Monday, February 26, 2007
Contributed by: Andrea L. Slater Gulley

When determining if a change in placement is appropriate for a child with a disability who has violated the student code of conduct, school personnel are now expressly permitted to consider, on a case-by-case basis, relevant "unique circumstances." 34 C.F.R. sec. 300.530. In Comments to the Regulation, the Department of Education explains that a child's disciplinary history, ability to understand consequences, expression of remorse, and the support provided to the child prior to the violation of a school code are unique circumstances that may be considered. The Department also notes that "what constitutes 'unique circumstances' is best determined at the local level by school personnel who know the individual child and all the facts and circumstances regarding a child's behavior."

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