Short version: When a school wants to remove a student with a disability for more than 10 school days in a row, or for a series of removals that add up to a pattern, that is a change in placement. The school, the parent and relevant IEP team members must hold a manifestation determination review within 10 school days of the decision (8VAC20-81-160 D; 34 CFR 300.530(e)).
The basics
- Short-term removals: 10 school days or fewer. Services are not required for the first 10 school days in a school year if non-disabled students would not get them (8VAC20-81-160 B).
- Long-term removal: more than 10 consecutive school days, or a pattern of short removals that add up to more than 10 school days in a year with similar behavior (8VAC20-81-160 C).
- The two questions: Was the conduct caused by, or directly and substantially related to, the child's disability? Was it the direct result of the school's failure to implement the IEP? If yes to either, it is a manifestation (34 CFR 300.530(e)).
- If it is a manifestation: the team does or reviews a functional behavioral assessment and behavior plan, and the child usually returns to the placement, unless an exception applies (34 CFR 300.530(f)).
- Special circumstances: weapons, drugs, or serious bodily injury can allow an interim alternative setting for up to 45 school days regardless of the finding (8VAC20-81-160; 34 CFR 300.530(g)).
Calm next steps
- Ask for the removal decision and notice in writing, and the date.
- Count school days and write down every removal, including "go home early" calls.
- Ask for copies of the IEP, behavior plan and incident reports before the meeting.
- Call your local Parent Resource Center or PEATC.
What if my child is still being evaluated?
A child not yet found eligible may still have these protections if the school had knowledge of a suspected disability before the behavior, for example because a parent requested an evaluation in writing (34 CFR 300.534). That is one more reason to put your request in writing.
Sources
Questions parents ask
When is a manifestation determination required in Virginia?
When the school is considering a removal that is a change in placement: more than 10 consecutive school days, or a pattern of removals adding up to more than 10 school days in a year.
How soon must the meeting happen?
Immediately if possible, and no later than 10 school days after the decision to take the action (8VAC20-81-160 D).
Is this legal advice?
No. Discipline cases can be complex. Contact PEATC, your Parent Resource Center, or a special education attorney for your situation.
More Virginia guides
All Virginia guides · Evaluation timeline · Request letter · 504 vs IEP · Glossary
Not legal advice. This page shares general information about Virginia and federal special education rules as we read them on November 3, 2026. It is not legal advice. Rules change and school divisions vary. For help with your situation, contact PEATC (Virginia's Parent Training and Information Center), the VDOE Parent Ombudsman for Special Education, or a special education attorney or advocate.