(1) As used in this section, ‘child with a disability’ has the meaning given that term in ORS § 343.035.

(2) A child with a disability continues to be entitled to a free appropriate public education if the child has been removed for disciplinary reasons from the child’s current educational placement for more than 10 school days in a school year.

(3) A disciplinary removal is considered a change in educational placement and the school district shall follow special education due process procedures under ORS § 343.155 (5) if:

(a) The removal is for more than 10 consecutive school days; or

(b) The child is removed for more than 10 cumulative school days in a school year, and those removals constitute a pattern based on the length and total time of removals and the proximity of the removals to one another.

(4) A child with a disability shall not be removed for disciplinary reasons under subsection (3) of this section for misconduct that is a manifestation of the child’s disability, except as provided under ORS § 343.177.

(5) Notwithstanding ORS § 339.250 (5)(h) or (7)(c)(B), a school district shall provide a free appropriate public education in an alternative setting to a child with a disability even if the basis for expulsion was a weapon violation pursuant to ORS § 339.250 (7).

(6) School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability who violates a code of student conduct. [1999 c.989 § 4; 2005 c.662 § 12; 2007 c.70 § 98; 2013 c.267 § 11]

[1979 c.739 § 2; 1981 c.246 § 3; 1987 c.675 § 3; 1989 c.619 § 3; renumbered 339.620 in 1989]

[1995 c.656 § 5; 2003 c.695 § 1; 2005 c.209 § 30; repealed by 2018 c.76 § 17]

[1979 c.836 § 3; 1981 c.246 § 4; renumbered 339.640 in 1989]