If subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his/her current educational placement for more than 10 school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are necessary.

If one or more members of the CSE believe that modifications are needed, the school district shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines necessary.

2.  The parents of a student who is facing disciplinary action, but who has not been determined to be eligible for services under IDEA at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, the district is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action occurred. If the district is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for disciplinary purposes. The superintendent or building administrator imposing a suspension or removal shall be responsible for determining whether the student is a student presumed to have a disability.

• A student will not be considered a student presumed to have a disability for discipline purposes if, upon receipt of written information supporting a claim that the district had knowledge the student was a student with a disability, the district either:  conducted an individual evaluation and  determined that the student is not a student with a disability, or determined that an evaluation was not necessary and provided notice to the parents of such determination.
   
• If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other student's educational placement determined by the component school district, which can include suspension shall be provided with the opportunity for an informal conference.
   
• If a request for an individual evaluation is made while such non-disabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted. Until the expedited evaluation is completed, the non-disabled student who is not a student presumed to have a disability for discipline purposes shall remain in the educational placement determined by the component school district, which can include suspension.

3. The school district shall provide parents with notice of disciplinary removal.

4. The parents of a student with disabilities subject to a suspension of five consecutive school days or less.