ANSWER

The conduct involves dangerous behavior and is a special circumstance under IDEA!

When conduct involves weapons, drugs, or serious bodily injury (as defined in the law), the school may immediately remove the student to an interim alternative educational setting for up to 45 school days regardless of whether the behavior is determined to be a manifestation of the child’s disability [ Sec. 1415(k)(1)(G) ].

Other IDEA requirements may apply depending on the disciplinary action taken by the school.


LIMITATIONS OF THE TOOL:
The tool currently only includes the federal requirements. Federal requirements apply in all states and states may add on (but not subtract) from the Federal laws. The tool doesn't currently incorporate court decisions or other authoritative interpretation of the law that can clarify issues not explicitly clear from the statute or regulations alone.

Copyright 2008, Matthew J. Stowe. All rights reserved.