DISCIPLINE - Regulations

2. Expand removal authority for special circumstances related to serious bodily injury.

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, if the child: carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of a State educational agency (SEA) or a local educational agency (LEA); knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA; or, 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 an LEA.
[34 CFR 300.530(g)(1)-(3)] [20 U.S.C. 1415(k)(1)(G)(i)-(iii)]

Serious bodily injury has the meaning given the term “serious bodily injury” under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code2.
[34 CFR 300.530(i)(3)] [20 U.S.C. 1415(k)(7)(D)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. What are some examples of interim alternative educational settings currently used in your district? In your opinion, has the implementation and use of interim alternative educational settings been beneficial to students and to schools? Please give some examples.

  2. Do you believe there might be an impact with the removal of the word “appropriate” before interim alternative educational setting? Could removal of “appropriate” influence a change in the settings that will be chosen in the future?

  3. In your opinion, is the addition of serious bodily injury (in addition to weapons and drugs) to this provision necessary? Please give some examples of why or why not.

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

  5. How might the juvenile/criminal justice system be involved in issues regarding serious bodily injury at school?

  6. From your perspective, what are the responsibilities of the school administration to ensure the safety of students and staff from serious bodily injury?

Application Questions

  1. How will the district develop best practice in terms of what services are made available to students placed in alternative settings?

  2. How will the district involve other community agencies (such as juvenile justice, mental health) in determining and implementing interim alternative education settings? How do you ensure there are enough resources available, especially in smaller districts?

  3. What interagency agreements need to be in place to ensure that families, schools, and the community are supported in situations of serious bodily injury?

  4. What proactive strategies can/should be implemented in your district to reduce the likelihood that this provision would need to be used?

  5. What programs/services are currently in place in your district which are proactive measures to prevent serious bodily injury?
    • Explain how these programs/services are proactive.
    • How will all stakeholders be trained to use appropriate proactive prevention strategies in the future?

    These questions were developed by the following stakeholders working together:

    Role: Service Provider
    Location: Alaska

    Role: Service Provider
    Location: California

    Role: Educational Consultant
    Location: Florida

    Role: Higher Education
    Location: Indiana

    Role: Family
    Location: New Jersey

    Role: Teacher
    Location: Pennsylvania

    Role: Administrator
    Location: Pennsylvania

    Role: Teacher
    Location: South Carolina

    Role: Teacher
    Location: West Virginia