ANSWER

The behavior was a manifestation of the child's disability [1415(k)(1)(E)(ii)].

So, the following actions must be taken [1415(k)(1)(F)]:
  • Provide educational services consistant with the child's IEP beginning on the 11th day of the removal in the interim alternate educational setting (IAES).
  • The IEP team must now conduct a functional behavioral assessment (FBA), assuming it hasn't already done so as part of the manifestation determination.
  • The IEP team must create and implement a behavioral intervention plan (BIP)
Because the behavior involved weapons, drugs, or serious bodily injury (i.e. was dangerous), the child does NOT have to be returned to his or her usual placement [1415(k)(1)(G)].  

When addressing problem behavior, IDEA sometimes requires the IEP team to consider using positive behavior interventions and supports (PBIS).  To determine whether this rule applies to your situation . . .

Continue to:  Considering PBIS 




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.