Section 14.143. Disciplinary placements

(a) Notwithstanding the requirements incorporated by reference in 34 CFR 300.530(b) and 300.536 (relating to authority of school personnel; and change of placement because of disciplinary removals), a disciplinary exclusion of a student with a disability for more than 15 cumulative school days in a school year will be considered a pattern so as to be deemed a change in educational placement.

(b) A removal from school is a change of placement for a student who is identified with mental retardation, except if the student’s actions are consistent with 34 CFR 300.530(g)(1)—(3) (relating to authority of school personnel).

The provisions of this § 14.143 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575; amended January 2, 2009, effective January 3, 2009, 39 Pa.B. 17. Immediately preceding text appears at serial page (335448).

Notation

Authority

The provisions of this § 14.143 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

Cross References

This section cited in 22 Pa. Code § 12.6 (relating to exclusions from school); and 22 Pa. Code § 14.133 (relating to behavior support).