Because the behavior involved weapons, drugs, or serious bodily injury, the school may immediately remove the child to an alternate setting for up to 45 school days [1415(k)(1)(G)]. Nevertheless, it is still a long-term removal and the school must also:
- Notify the child's parents of the proposed disciplinary action on the same day the disciplinary decision is made, and additionally, give them a copy of the procedural safeguards notice [1415(k)(1)(H)].
- Provide educational services consistant with the child's IEP in the interim alternate educational setting starting on the 11th day of the removal.
- Conduct a manifestation determination to establish whether the behavior that resulted in the disciplinary action was a manifestation of the child's disability [1415(k)(1)(E)(i)]. What other actions the school must take to comply with IDEA depends on the results of the manifestation hearing.
To review the requirements for conducting a manifestation hearing, see our Manifestation Determination Checklist.
Or continue to: Manifestation Results
