As stated above, the district can immediately place your child in an interim alternative educational setting (for conduct involving weapons, illegal drugs or inflicting serious bodily injury) and keep him there for up to 45 school days, even if the behavior is found to be a manifestation of his disability. There is no stay-put requirement under such circumstances. [34 C.F.R. Sec. 300.533.] However, if your child was recommended for expulsion for any other behavior, the stay-put requirements should be followed.

Also, a district may try to make a “disciplinary transfer” of your child to a new school. This may be done to avoid a stay-put (arguing that a change of school is not a change of placement, if the same IEP is offered at the new site) or because your child has behavior problems at school. Except as described above, changing your child’s placement (including a “disciplinary transfer”) is a decision that must be made by the IEP team, where due process procedures may be used.