For purposes of removals of a child with a disability from the child's current educational placement under 34 C.F.R. §§ 300.530 – 300.535, a change of placement occurs if the:

1. (1) Removal is for more than ten (10) consecutive school days; or

2. (2)

   1. (A) Child has been subjected to a series of removals that constitute a pattern because the series of removals total more than ten (10) school days in a school year and because of factors such as:

      1. (i) The child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals;
      2. (ii) The length of each removal;
      3. (iii) The total amount of time the child is removed; and
      4. (iv) The proximity of the removals to one another.

   2. (B)

      1. (i) The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.
      2. (ii) This determination is subject to review through due process and judicial proceedings.