Student Support Services

Education Law 4402(3)(j) Behavior as Manifestation of the Disability


(j) In accordance with the regulations of the commissioner and subsection (k) of section fourteen hundred and fifteen of title twenty of the United States code and the implementing federal regulations, to conduct a review to determine whether behavior of a student with a disability which violates the applicable school rules or code of conduct and results in a change in placement under federal law, including but not limited to placement in an interim alternative educational setting pursuant to clause (iv) or (vii) of subparagraph g of subdivision three of section thirty-two hundred fourteen of this chapter, was a manifestation of the student’s disability, provided that other qualified school district personnel may participate in such a review.

Last Updated: April 3, 2009