511 IAC 7-44-6 - Interim alternative educational setting; weapons, drugs, and serious bodily injury
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 6.
(a) The
principal or the principal's designee may remove a student to an interim
alternative educational setting for not more than forty-five (45) instructional
days without regard to whether the behavior is determined to be a manifestation
of the student's disability, if the student:
(1) carries a weapon to school or possesses a
weapon at school, on school premises, or to or at a school function under the
jurisdiction of the state educational agency or a public agency;
(2) knowingly possesses or uses illegal
drugs, or sells or solicits the sale of a controlled substance, while at
school, on school premises, or at a school function under the jurisdiction of
the state educational agency or a public agency; or
(3) has inflicted serious bodily injury upon
another person while at school, on school premises, or at a school function
under the jurisdiction of the state educational agency or a public
agency.
(b) The public
agency must do the following:
(1) Notify the
student's parent.
(2) Provide the
parent with the notice of procedural safeguards as specified in section 4 of
this rule.
(c) A
manifestation determination must be conducted as specified in section 5 of this
rule. However, if the student's conduct is determined to be a manifestation of
the student's disability, the student remains in the interim alternative
education setting.
(d) The
student's CCC must determine the interim alternative educational setting and
appropriate services needed to enable the student to do the following:
(1) Continue to participate in the general
education curriculum, although in another setting.
(2) Progress toward meeting the goals set out
in the student's IEP.
(3) Receive,
as appropriate, a functional behavioral assessment and behavioral intervention
services and modifications that are designed to address the behavior violation
so that it does not recur.
(e) The parent of a student with a disability
may challenge the interim alternative education placement by requesting one (1)
of the following:
(1) Mediation in accordance
with 511 IAC 7-45-2.
(3) Simultaneously, mediation and a due
process hearing.
(f) The
state educational agency shall arrange for an expedited hearing under
511 IAC 7-45-10. The student's
placement during an expedited due process hearing is governed by section 8 of
this rule.
(g) In reviewing a
decision under this section to place the student in an interim alternative
educational setting, the independent hearing officer may return the student
with a disability to the placement from which the student was removed if the
hearing officer determines that the removal was a violation of this
rule.
(h) For purposes of this
section, a school function includes anything sponsored, funded, hosted,
staffed, or managed by a public agency.
Notes
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