Response:

School personnel may order a change in placement for your child to an appropriate interim alternative educational setting, as determined by your child’s IEP team.¹ This change in placement may be for the same amount of time that a child without a disability would be subject to discipline, but not for more than 45 school days.²

If the school has not already done so, it must conduct a Functional Behavioral Assessment (FBA)* and implement a Behavioral Intervention Plan (BIP)* for your child. If a BIP has already been developed, the IEP team must review that plan and modify it, as necessary, to address the behavior so that it is less likely to happen again.³

Note: Illegal drugs means a controlled substance identified in the Controlled Substances Act.⁴ This does not include over the counter medications or look-alike drugs.

Note: Weapon has the same meaning as a dangerous weapon under 18 U.S.C. 930, which defines dangerous weapon to include a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.⁵

Note: Serious bodily injury has the meaning given to the term bodily injury under 18 U.S.C. 1365, which 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 a bodily member, organ, or mental faculty.⁶

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