In Alabama, within 10 school days of deciding to change a child's placement because of a violation of the student code of conduct, the school district, you, and other relevant members of the IEP team must review the information in your child's file. That includes the IEP, teacher observations, and anything you provide. The team answers two questions. Was the behavior caused by, or did it have a direct and substantial relationship to, your child's disability? Or was it the direct result of the school district's failure to carry out the IEP?
“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 public agency, you, and other relevant members of the IEP Team (as determined by you and the local public agency) must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by you to determine:
1. If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or
2. If the conduct in question was the direct result of the local public agency’s failure to implement the child’s IEP.
If the local public agency, you, and other relevant members of the child’s IEP Team determine that either of those conditions was met, the conduct must be determined to be a manifestation of the child’s disability.”
— Alabama's Procedural Safeguards (ALSDE Approved January 2025), p. 23
This section is educational support, not legal advice. Special education rules can depend on your state and your child's facts. Talk with your IEP or 504 team, and with counsel when you need legal advice.
Same Team