A student with a disability may be removed without parent consent and assigned to an interim alternative education program by school personnel for not more than forty-five (45) school days when the student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency. This option is available regardless of whether a manifestation exists. If no manifestation is found, the student may be disciplined to the extent that a student without disabilities would be disciplined.

In addition, the applicable procedures of Regulation 402R-A, Students- Code of Student Conduct and Regulation 402R-B, Students- Disciplining Students with Disabilities will be followed.

The term serious bodily injury has the same meaning given the term “serious bodily injury” under paragraph (3) of subsection (h) of section 1365 of title 18 of the United States Code.

Legal Reference(s):
18 U.S.C. Section(s) 1365(h)(3)

20 U.S.C. Section(s) 1415(k)(1)(G)(iii)