(a) Within ten (10) school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the child's IEP team (as determined by the parent and the LEA) must review all relevant information in the student's file, including the child's IEP, any teacher observation, and any relevant information provided by the parents to determine if the conduct in question was:

1. (1) Caused by, or had a direct and substantial relationship to, the child's disability; or
2. (2) The direct result of the LEA's failure to implement the IEP.

(d) Determination that behavior was a manifestation. If the LEA, the parent, and relevant members of the IEP team make the determination that the conduct was a manifestation of the child's disability, the IEP team must:

1. (1) Either:

   1. (A) Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or
   2. (B) If a behavioral intervention plan already has been developed, review the behavioral intervention plan and modify it, as necessary, to address the behavior; and
2. (2) Except as provided in 6 CAR § 130-1103(e), return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.