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(8.31) Denial of FAPE

(8.31) Denial of FAPE

The Department also emphasizes that when a child is frequently removed from their educational program for a short period because of behavioral concerns, such a pattern may show that “the child’s IEP does not appropriately address their behavioral needs, which may result in a denial of FAPE”. Similarly, the guidance underscores that repeated informal removal or in-school suspensions due to the child’s behaviors could reveal a defective IEP that has failed to address those behaviors appropriately.