determination, then the special discipline procedures for students with disabilities shall not apply to the student, and the student shall be disciplined in accordance with the procedures for non-disabled students. If, during the period of time in which a student is subject to disciplinary sanctions, the student's parent or guardian requests that the student be evaluated for eligibility for special education services, an evaluation shall be conducted on an expedited basis. Until the evaluation is complete, the student's educational placement shall remain the same (if the child has been suspended or expelled, for example, the suspension or expulsion shall remain in effect). 34 CFR § 300.534 5.0813.06 REMOVAL OF DISABLED STUDENTS FOR WEAPON OR RISK OF IMMEDIATE HARM Issue Date: 1/2/20 FH Removal for Bringing Weapon to School If a disabled student brings a weapon to school and that action was a manifestation of the student's disability, then that student must be placed in an interim alternative educational setting for a period to be determined but not to exceed 45 days. 1. The appropriate interim alternative educational setting shall be determined by the IEP Team. 2. If the student's parent or guardian requests a due process hearing, the student shall remain in the alternative educational setting during the pendency of any due process proceedings unless the parents and the special educational coordinator agree otherwise. 3. The IEP Team must convene prior to the end of the period of removal to the alternative educational setting to determine the least restrictive environment in which the student may be placed when the period of removal is concluded.
34 CFR § 300.530(g) 18 U.S.C. § 930(g)(2)
Removal for Immediate Risk of Harm The educational placement of a student with a disability may be changed to an appropriate interim alternative placement for a period of time up to 45 days following an expedited due process hearing by a due process hearing officer if the hearing officer: 1. Determines that the District has shown by substantial evidence that maintaining the student's current placement is substantially likely to result in injury to the student or to others; 2. Considers the appropriateness of the student's current placement; 3. Considers whether the District has made reasonable efforts to minimize the risk of harm in the student's current placement, including by use of supplementary aids and services; 4. Determines that the proposed interim alternative educational placement is proposed by school personnel who have consulted with the student's special education teacher; and 5. Determines that the placement is selected to enable the student to progress in the general curriculum and to progress toward the goals in the IEP, and includes services and
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