Continuation of Services (COS)


Federal Requirements


Students with disabilities, even when suspended or expelled, must continue to receive services that allow them to participate in the general curriculum and to make progress toward their IEP goals. This provision of a Free Appropriate Public Education (FAPE) is specifically mandated in Individuals with Disabilities Education Act (IDEA) which states “A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in Sec. 300.530(d)”. Sec 300.101(a)


The educational procedural rights for students excluded from school due to cumulative disciplinary of more than ten school days in the same school year are outlined in State Board Rule 160-4-7-.10. One of those rights is for the continuation of services which must begin on day eleven of cumulative exclusions in the same school year. “After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, during any subsequent days of removal the LEA must provide services to the extent required under this Rule.” [34 CFR § 300.530(b)(2)]


If your LEA reported incidents of failure to provide FAPE for cumulative disciplinary exclusions of greater than ten school days in the Student Record Student Safety collection, you must complete the Continuation of Services Verification Report no later than August 31. Corrections may not be made to the Student Record as the LEA has already verified by the Superintendent’s signature that the Student Record Data submitted is accurate.


If your LEA reported no incidents of failure to provide FAPE for cumulative disciplinary exclusions of greater than ten school days in the Student Record Student Safety Reports, the Continuation of Services verification report will state “Continuation of Services is not applicable for this LEA for the School year 20XX.” No additional response is required.



Screenshot of Continuation of Service tile


Please note that the failure to provide services to students with disabilities who have been removed from his or her current placement for greater than ten school days in the same school year represents noncompliance with federal and state rules and regulations regarding students with disabilities. Once your response to the Continuation of Services Verification Report is received by the Division for Exceptional Children and the data is verified, you will be notified if further action is required to correct noncompliance. 


You may be asked for additional clarification or required to complete a Corrective Action Plan.

Remember that regardless of whether continuation of services was provided, all OSS days are considered for disproportionality calculations.