6 CAR § 130-1103 – Authority of LEA/public agency personnel

(a) Case-by-case determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child with a disability who violates a code of student conduct.
(b) To the extent removal would be applied to children without disabilities, the removal of a child with a disability who violates a code of student conduct from the child’s current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than ten (10) consecutive school days (to the extent those alternatives are applied to children without disabilities), and additional removals of not more than ten (10) consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under 34 C.F.R. § 300.536 and 6 CAR § 130-1104(c)).
(c) After a child with a disability has been removed from his or her current placement for more than ten (10) school days in the same school year, during any subsequent days of removal the LEA/public agency must provide services to the extent required under 34 C.F.R. § 300.101(a) and 6 CAR § 130-1102.
(d) Additional authority. For disciplinary changes in placement that would exceed ten (10) consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child's disability pursuant to 6 CAR § 130-1105, school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except as provided in 6 CAR § 130-1102.
(e) Special circumstances. School personnel may remove a student to an interim alternative educational setting for not more than forty-five (45) school days without regard to whether the behavior is determined to be a manifestation of the child's disability if the child:
1. (1) Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA;
2. (2) 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 an SEA or an LEA; or
3. (3) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA.
(f) Notification. On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the LEA must:
1. (1) Notify the parents of that decision; and
2. (2) Provide the parents the procedural safeguards notice described in 34 C.F.R. § 300.504.
(g) For purposes of this section, the following definitions apply:
1. (1) “Controlled substance” means a drug or other substance identified under schedules I, II, III, IV, or V in Section 202(c) of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 812(c);
2. (2) “Illegal drug” means a controlled substance, but does not include a controlled substance that is:
  1. (A) Legally possessed or used under the supervision of a licensed healthcare professional; or
  2. (B) Legally possessed or used under any:
(i) Authority under that act; or
1. (ii) Other provision of federal law;
2. (3) “Serious bodily injury” has the meaning given the term "serious bodily injury" under 18 U.S.C. § 1365(h)(3); and
3. (4) “Weapon” has the meaning given the term “dangerous weapon” under 18 U.S.C. § 930(g)(2): “The term ‘dangerous weapon’ means a weapon, 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 ½ inches in length.”