118 STAT. 2726 PUBLIC LAW 108–446—DEC. 3, 2004 any proceedings conducted pursuant to this section, unless the State or local educational agency and the parents otherwise agree, the child shall remain in the then current educational placement of the child, or, if applying for initial admission to a public school, shall, with the consent of the parents, be placed in the public school program until all such proceedings have been completed. ‘‘(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL SETTING.— ‘‘(1) AUTHORITY OF SCHOOL PERSONNEL.— ‘‘(A) CASE BY CASE DETERMINATION.—School personnel may consider any unique circumstances on a case by case basis when determining whether to order a change in place ment for a child with a disability who violates a code of student conduct. ‘‘(B) AUTHORITY.—School personnel under this sub section may remove a child with a disability who violates a code of student conduct from their current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives are applied to children without disabilities). ‘‘(C) ADDITIONAL AUTHORITY.—If school personnel seek to order a change in placement that would exceed 10 school days and the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability pursuant to subparagraph (E), the relevant disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner and for the same duration in which the procedures would be applied to children without disabil ities, except as provided in section 612(a)(1) although it may be provided in an interim alternative educational set ting. ‘‘(D) SERVICES.—A child with a disability who is removed from the child’s current placement under subpara graph (G) (irrespective of whether the behavior is deter mined to be a manifestation of the child’s disability) or subparagraph (C) shall— ‘‘(i) continue to receive educational services, as pro vided in section 612(a)(1), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and ‘‘(ii) receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modi fications, that are designed to address the behavior violation so that it does not recur. ‘‘(E) MANIFESTATION DETERMINATION.— ‘‘(i) IN GENERAL.—Except as provided in subpara graph (B), within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local educational agency, the parent, and relevant members of the IEP Team (as determined by the parent and the local educational agency) shall review all rel evant information in the student’s file, including the Deadline.
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