---
title: "Advise a school on removing a student with a disability"
url: "https://ailawframework.com/practice/education-law/advise-a-school-on-excluding-or-expelling-a-student-with-disability/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A59-N20261018-3-US"
practice_area: "Education Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Advise a school on removing a student with a disability

> Count the school days of removal in the school year, list the date of the decision to change placement, and index the IEP, teacher observations and parent information. Write no advice and no notice.

Canonical page: https://ailawframework.com/practice/education-law/advise-a-school-on-excluding-or-expelling-a-student-with-disability/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Education Law](https://ailawframework.com/practice/education-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Count the school days of removal in the school year, list the date of the decision to change placement, and index the IEP, teacher observations and parent information. Write no advice and no notice. |
| What the lawyer must review | Under 34 C.F.R. § 300.530, school personnel may remove a child with a disability for not more than 10 consecutive school days, to the extent those alternatives are applied to children without disabilities, and for additional removals of not more than 10 consecutive school days that do not amount to a change of placement. Within 10 school days of a decision to change placement because of a code-of-conduct violation, the relevant team must review whether the conduct was a manifestation of the disability. If it was, the regulation states the functional-behavioral-assessment and return-to-placement duties, with the special-circumstances removal of not more than 45 school days. On the date of a removal that is a change of placement, the agency notifies the parents and provides the procedural-safeguards notice. Section 504, 29 U.S.C. § 794, is a separate statute. The lawyer writes the advice. The tool writes nothing that the school sends. |
| Written for | United States |
| Applies to | [Advise a school on excluding or expelling a student with disability](https://ailawframework.com/practice/education-law/advise-a-school-on-excluding-or-expelling-a-student-with-disability.md) |

## Checking plan

- What the AI does: Count the school days of removal in the school year, list the date of the decision to change placement, and index the IEP, teacher observations and parent information. Write no advice and no notice.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not apply § 300.530 to a student who has a Section 504 plan and no IEP until the Part 104 rule has been opened. Part 104 was not the text used here.
- The 45-school-day removal is only for the special circumstances in § 300.530(g), including weapons, drugs and serious bodily injury as that paragraph defines them.

## Sources

- [34 C.F.R. § 300.530, discipline procedures for children with disabilities](https://www.law.cornell.edu/cfr/text/34/300.530) (checked 2026-10-22)
- [20 U.S.C. § 1415, IDEA procedural safeguards](https://www.law.cornell.edu/uscode/text/20/1415) (checked 2026-10-22)
- [29 U.S.C. § 794, Section 504](https://www.law.cornell.edu/uscode/text/29/794) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Advice structure: exclusion and a student with disability](https://ailawframework.com/precedents/education-law/disability-standards-exclusion-advice.md) | Memo | Red | A structure for advice to a school on a proposed suspension, exclusion or expulsion of a student with disability. The lawyer writes the conclusion.… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*