Discipline (cont.)

• Notification to parent of disciplinary action and of rights under IDEA §615(k)

• Removal to IAES for not more than 45 school days for weapons, drugs and inflicting serious bodily injury upon another person

• Serious bodily injury means bodily injury which involves:

• a substantial risk of death, extreme physical pain, protracted and obvious disfigurement; or

• protracted loss or impairment of the function of bodily member or mental faculty.

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Speaker Notes:

Section 615(k)

School personnel may remove a student to an interim alternative educational setting (IAES) for not more than 45 school days (IDEA '97 - calendar days) without regard to whether the behavior is determined to be a manifestation of the child's disability, in cases where a child--

• carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a SEA or LEA;

• 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 a SEA or LEA; or

• has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a SEA or LEA. Serious bodily injury means bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement; or protracted loss or impairment of the function of bodily member or mental faculty.

IEP Team determines setting.

Notification is not later than the date on which the decision to take disciplinary action is made, the LEA shall notify the parents of that decision, and of all procedural safeguards under section 616.