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4. Establishes a new standard for special circumstances.
School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, in cases where a child … has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or LEA. [615(k)(1)(G)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why is it important for IDEA 2004 to articulate standards for these special circumstances?

  2. How might stakeholders respond to this change in the statute?

  3. What stakeholder perspectives might promote or impede the implementation of this provision?

  4. In terms of programs and services, how will this provision impact all stakeholders?

  5. How will this provision impact a student’s educational needs if removed to an alternate setting?

  6. What is the role of the juvenile justice system or criminal justice system in the implementation of this provision?

Application Questions

  1. What proactive strategies might be implemented to reduce the likelihood that this provision would need to be used?

  2. How might SEAs/LEAs inform parents, guardians, and advocates to understand the changes of the this provision, especially with respect to the 45 day removal related to serious bodily harm during a school function?

  3. How might district policies be reviewed or developed to reflect consideration of a child’s educational needs and emotional posture when such removal is found necessary?

    These questions were developed by the following stakeholders working together:

    Role: Related service provider
    Location: Illinois

    Role: Teacher
    Location: Washington, DC

    Role: Administrator
    Location: Maryland

    Role: State education agency
    Location: Michigan

    Role: School Psychologist
    Location: Alaska