Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 6. (a) The principal or the principal's designee may remove a student to an interim alternative educational setting for not more than forty-five (45) instructional days without regard to whether the behavior is determined to be a manifestation of the student's disability, if the student:

1. (1) carries a weapon to school or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the state educational agency or a public agency;
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 the state educational agency or a public agency; 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 the state educational agency or a public agency.

(b) The public agency must do the following:

1. (1) Notify the student's parent.
2. (2) Provide the parent with the notice of procedural safeguards as specified in section 4 of this rule.

(c) A manifestation determination must be conducted as specified in section 5 of this rule. However, if the student's conduct is determined to be a manifestation of the student's disability, the student remains in the interim alternative education setting.

(d) The student's CCC must determine the interim alternative educational setting and appropriate services needed to enable the student to do the following:

1. (1) Continue to participate in the general education curriculum, although in another setting.
2. (2) Progress toward meeting the goals set out in the student's IEP.
3. (3) Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur.

(e) The parent of a student with a disability may challenge the interim alternative education placement by requesting one (1) of the following:

1. (1) Mediation in accordance with 511 IAC 7-45-2.
2. (2) A due process hearing in accordance with 511 IAC 7-45-3 or 511 IAC 7-45-10.
3. (3) Simultaneously, mediation and a due process hearing.

(f) The state educational agency shall arrange for an expedited hearing under 511 IAC 7-45-10. The student's placement during an expedited due process hearing is governed by section 8 of this rule.

(g) In reviewing a decision under this section to place the student in an interim alternative educational setting, the independent hearing officer may return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of this rule.

(h) For purposes of this section, a school function includes anything sponsored, funded, hosted, staffed, or managed by a public agency.

(Indiana State Board of Education; 511 IAC 7-44-6; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA; filed Mar 4, 2024, 10:02 a.m.: 20240403-IR-511230504FRA)