Introduction
When a student has received more than 10 cumulative disciplinary removals, during each subsequent removal, the student must receive services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP. 34 CFR § 300.530(d)(4). The services required are determined by school personnel (the principal or another administrator) in consultation with at least one of the student’s teachers.
Implementation Considerations
Use a new DW-1 form for each removal that does not constitute a change in placement.
Use Form DW-1 to document the educational services provided to a student during a disciplinary removal that did not constitute a disciplinary change of placement. 34 CFR § 300.530(d)(4). This means that the student is not being removed for more than 10 consecutive school days or the series of removals do not constitute a pattern. 34 CFR § 300.536(a). Disciplinary removal means a removal of a student with a disability from their current placement for a violation of the code of student conduct. 34 CFR § 300.530(b)1). Examples of disciplinary removals include, but are not limited to:
- expulsions;
- out-of-school suspensions;
- in-school suspensions if:
- the student’s IEP was not implemented, or
- the student did not participate with nondisabled peers to the extent required by the IEP, or
- the student did not have the opportunity to appropriately progress in the general curriculum;
- bus removals if the student’s IEP includes transportation as a related service and the district did not provide for alternative transportation; and
- de facto suspensions where a student is removed from school or class for not following school rules without following the procedures related to suspension. Local education agencies (LEAs or agencies) should have procedures to accurately track and count de facto suspensions. A student is considered removed during periods when: (1) the student’s IEP was not implemented; (2) the student did not participate with nondisabled peers to the extent required by the IEP; or (3) the student did not have the opportunity to appropriately progress in the general curriculum.
Partial day removals must be included when determining the number of days of removal for a student. For example, if a student was suspended for four periods of an eight-period day, then it must be counted as a half day of removal.
IDEA requires LEAs to count removals within the same academic year. If a student transfers within an academic year, the LEA must count removals that occurred in each school and LEA the student attended within the academic year. The LEA must demonstrate how such removals are counted.
Form Content and Explanations
Content: Section I: Dates and length of disciplinary removal. Explanation: For each removal, list the dates and length of the disciplinary removal in this section. If a student who was subjected to disciplinary removals in one LEA and transfers to another, those removals must be counted towards the 10 cumulative days if the removals occurred in the same school year. 34 CFR § 300.530(d)(4).
Content: Section II: Documentation of educational services. Explanation: The documentation of educational services enables parents and agencies the opportunity to determine whether the student was provided educational services during each removal beyond the 10th cumulative day of removal in a single school year. 34 CFR § 300.530(d)(4). Document the school personnel and teacher that participated in determining the educational services (including name, title, and date determined). A description of the educational service should be provided, as well as the location, date and time, and a name of the person who provided the service. This information should be included for each educational service provided to the student.