---
kind: "section"
citation: "34 C.F.R. § 300.536"
title: "34"
number: "300.536"
heading: "Change of placement because of disciplinary removals."
url: "https://uscodex.org/cfr/34/300.536"
---

# §300.536. Change of placement because of disciplinary removals.

- (a) For purposes of removals of a child with a disability from the child's current educational placement under [§§ 300.530 through 300.535](/cfr/34/300.530..300.535.md), a change of placement occurs if—
  - (1) The removal is for more than 10 consecutive school days; or
  - (2) **The child has been subjected to a series of removals that constitute a pattern—**
    - (i) Because the series of removals total more than 10 school days in a school year;
    - (ii) Because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals; and
    - (iii) Because of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.
- (b)
  - (1) The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.
  - (2) **This determination is subject to review through due process and judicial proceedings.**

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.