1. A. The IEP team shall meet within 10 business days of the removal of a student with a disability to develop an assessment plan if the IEP team has not:

   1. (1) Conducted a functional behavioral assessment; and
   2. (2) Implemented a behavioral intervention plan to address the behavior before the behavior occurred that resulted in the student's removal as set forth in Regulation .03B or .05 of this chapter.

2. B. As soon as possible after the completion of the assessments determined appropriate by the IEP team as set forth in §A of this regulation, the IEP team shall meet to:

   1. (1) Develop appropriate behavioral interventions to address the behavior; and
   2. (2) Implement the behavioral intervention plan.

3. C. If the student with a disability has a behavioral intervention plan, the IEP team shall meet within 10 business days of the removal to review the plan to address the behavior that resulted in the removal, and determine if:

   1. (1) The behavioral intervention plan needs to be modified; or
   2. (2) The implementation of the behavioral intervention plan needs to be modified to address the behavior.
4. D. For subsequent disciplinary removals of the student beyond the first 10 school days the student is removed during the school year, the IEP team shall meet to review the student's behavioral intervention plan as set forth in §C of this regulation.
5. E. The IEP team shall modify the behavioral implementation plan and its implementation to the extent the IEP team determines necessary.
6. F. Meetings of the IEP team as set forth in §A of this regulation and in Regulation .08B of this chapter may be conducted at the same IEP team meeting.

Authority: Education Article, §§2-205, 7-305, 8-404, and 8-407, Annotated Code of Maryland

Effective date: October 2, 2000 (27:19 Md. R. 1726)

Regulation .02B amended effective May 7, 2007 (34:9 Md R. 826)

Regulation .03 amended effective May 7, 2007 (34:9 Md R. 826)

Regulation .04 amended effective May 7, 2007 (34:9 Md R. 826)

Regulation .05C amended effective May 7, 2007 (34:9 Md R. 826)

Regulation .06 amended effective May 7, 2007 (34:9 Md R. 826)

Regulation .06A amended effective January 21, 2002 (29:1 Md. R. 25)

Regulation .07A amended effective January 21, 2002 (29:1 Md. R. 25)

Regulation .08 amended effective May 7, 2007 (34:9 Md R. 826)

Regulation .09 amended effective May 7, 2007 (34:9 Md R. 826)

Regulation .10 amended effective May 7, 2007 (34:9 Md R. 826)

Regulation .10C amended effective October 5, 2009 (36:20 Md. R. 1531)

Regulation .11A amended effective May 7, 2007 (34:9 Md R. 826)