If the conduct is due to failure to implement an IEP, the district must remedy those deficiencies.23 To do so, the district must conduct/update a functional behavioral assessment (FBA) and implement or modify a behavior intervention plan (BIP). ( 20 USC1415(k)(1)(F); 34 CFR 300.530(f))
The student has the right to return to the original educational setting, unless the parent/guardian/SESP and the school agree to change the placement or special circumstances exist. (20 USC 1415(k)(1)(F); 34 CFR 300.530(f)(2))
There may be no exclusion or other discipline.