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DISCIPLINE -Statute

5. Adds a definition for “serious bodily injury.”
The term “serious bodily injury” is defined in Section 1365(h)(3) of Title 18, U.S. Code, to mean a bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. [615(k)(7)(D)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why is it important for IDEA 2004 to add clarity to the definition of “serious bodily injury”?


  2. What are the legal implications of the new definition?


  3. What implications do you see for the implementation of this provision for the various stakeholder groups?


  4. How could understanding the definition of “serious bodily injury” influence school-wide instructional interventions?


  5. What are the advantages of using positive behavior supports on a system-wide level?


Application Questions

  1. What are the school-wide supports necessary to reduce aggressive or violent behavior?


  2. How could this definition be used to assist in developing a building-wide behavior intervention?


  3. What relevant information might be considered regarding “serious bodily injury”?


  4. In terms of district liability, how can districts ensure appropriate responses to situations involving “serious bodily injury”?


    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