An IEP team has special responsibilities when a student with disabilities faces disciplinary action.
Does a school have to discipline a child with a disability in every instance?
When a student has violated a code of conduct, school personnel may consider any unique circumstances on a case-by-case basis to determine whether a change of placement for discipline purposes is appropriate.
If the discipline infraction of the child relates to drugs, weapons or serious bodily injury, will that child's discipline be handled differently?
If the disciplinary infraction involves the serious safety issues of drugs, weapons, or serious bodily injury, the child may be removed to an interim 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. While in the interim educational setting the child will continue to receive educational services to continue to participate in the general education curriculum and to make progress on his or her IEP goals. Also during this time, a determination will be made as to whether the disciplinary infraction was caused by or had a direct and substantial relationship to the child's disability or was the direct result of the local educational agency's failure to implement the IEP.
