Policy – Category 5000 (Students) BP 5007 – Suspension and Expulsion
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 pocketknife with a blade less than 2 ½ inches in length. The child’s interim alternative educational setting shall be determined by his/her IEP team ( Title 20 of the United States Code § 1415(k)(1)(G); Title 34 of the Code of Federal Regulations § 300.531 ). On the date of the decision to take disciplinary action is made, the parents of the child shall be notified of the decision and provided the procedural safeguards notice pursuant to Title 34 of the Code of Federal Regulations § 300.504 ( Title 20 of the United States Code § 1415(k)(1)(H); Title 34 of the Code of Federal Regulations § 300.530 ). A child who has been removed from his/her current placement because of dangerous behavior shall receive services to the extent necessary to allow him/her to participate in the general education curriculum and to progress toward meeting the goals set out in his/her IEP. As appropriate, the child shall also receive a Functional Behavioral Assessment (FBA) and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur ( Title 20 of the United States Code § 1415(k)(1)(D); Title 34 of the Code of Federal Regulations § 300.530 ). 6.0 Manifestation Determination The following procedural safeguards shall apply when a child is suspended for more than 10 consecutive school days, when a series of removals of a child constitutes a pattern, or
BP 5007 – Suspension and Expulsion
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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