Forums
New posts
Search forums
What's new
New posts
New profile posts
Latest activity
Internet Search
Members
Current visitors
New profile posts
Search profile posts
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Forums
Parent Support Forums
Special Ed 101
Superintendants meeting
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="Sheila" data-source="post: 109716" data-attributes="member: 23"><p>Hi Michellenurse0</p><p></p><p>Taking drugs to school is one of the 3 "must not do" -- no exceptions. A child with an IEP can be removed to an alternative ed program for up to 45 days for this behavior.</p><p></p><p>The sd doesn't have to do it, but they are within their rights if the choose to.</p><p></p><p>From <a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E530%2C" target="_blank">http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E530%2C</a> :</p><p></p><p> (g) Special circumstances. School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, if the child--</p><p></p><p>(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;</p><p></p><p>(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</p><p></p><p>(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.</p><p></p><p>(h) 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 notify the parents of that decision, and provide the parents the procedural safeguards notice described in Sec. 300.504.</p><p></p><p>(i) Definitions. For purposes of this section, the following definitions apply:</p><p></p><p>(1) Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).</p><p></p><p>(2) Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.</p><p></p><p>(3) Serious bodily injury has the meaning given the term "serious bodily injury" under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code.</p><p></p><p>(4) Weapon has the meaning given the term "dangerous weapon" under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code.</p><p></p><p>(Authority: 20 U.S.C. 1415(k)(1) and (7))</p></blockquote><p></p>
[QUOTE="Sheila, post: 109716, member: 23"] Hi Michellenurse0 Taking drugs to school is one of the 3 "must not do" -- no exceptions. A child with an IEP can be removed to an alternative ed program for up to 45 days for this behavior. The sd doesn't have to do it, but they are within their rights if the choose to. From [url="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E530%2C"]http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E530%2C[/url] : (g) Special circumstances. School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, if the child-- (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) 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) 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. (h) 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 notify the parents of that decision, and provide the parents the procedural safeguards notice described in Sec. 300.504. (i) Definitions. For purposes of this section, the following definitions apply: (1) Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (2) Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law. (3) Serious bodily injury has the meaning given the term "serious bodily injury" under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code. (4) Weapon has the meaning given the term "dangerous weapon" under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code. (Authority: 20 U.S.C. 1415(k)(1) and (7)) [/QUOTE]
Insert quotes…
Verification
Post reply
Forums
Parent Support Forums
Special Ed 101
Superintendants meeting
Top