46716, clarifies that the Charter LEA is not required to provide a child who has been suspended for more than 10 school days in a school year for disciplinary reasons exactly the same services in exactly the same setting as the child was receiving prior to the imposition of discipline. However, the special education and related services the child does receive must enable him/her to continue to participate in the general curriculum and to progress toward meeting the goals set out in his/her IEP. The Analysis of Comments, 71 Fed. Reg. 156, pg. 46717, clarifies that services need not be provided when a child is removed for 10 school days or less, as long as the Charter LEA does not provide services to nondisabled children removed for the same amount of time. If a child with a disability is excluded from school bus transportation, the child shall be provided with an alternative form of transportation at no cost to the child or his/her parent, provided that transportation is specified in his/her IEP ( Education Code 48915.5 ). Section D – Interim Alternative Educational Setting (IAES) Due to Dangerous Behavior The Charter LEA may unilaterally place a child with a disability in an appropriate Interim Alternative Educational Setting (IAES) for up to 45 school days, without regard to whether the behavior is a manifestation of the child’s disability, when the child commits one of the following acts while at school, going to or from school, or at a school-related function ( Title 20 of the United States Code § 1415(k)(1)(G); Title 34 of the Code of Federal Regulations § 300.530 ): 1. Carries or possesses a weapon, as defined in Title 18 of the United States Code § 930; 2. Knowingly possesses or uses illegal drugs; 3. Sells or solicits the sale of a controlled substance as identified in Title 21 of the United States Code § 812(c), Schedules I-V; or 4. Inflicts serious bodily injury upon another person as identified in Title 18 of the United States Code § 1365. NOTE: Title 20 of the United States Code § 1415(k) and Title 34 of the Code of Federal Regulations § 300.530 permit an alternative placement for 45 school days when a child with a disability, while on school grounds, while going to or coming from school, or at a school function, either (1) carries or possesses a weapon, (2) knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance, or (3) inflicts serious bodily injury upon another person. “Serious bodily injury” is defined in Title 18 of the United States Code § 1365 as 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. This alternative placement decision may be made unilaterally by the Charter LEA. The term “weapon,” as used above, refers to a “dangerous weapon” as defined in Title 18 of the United States Code § 930 and includes any device which is capable of causing death or serious bodily injury. The term does not include a pocket knife with a blade less than 2 ½ inches in length.
Chapter 8 – Suspension and Expulsion, Charter SELPA
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As of 11/18/2016
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