Indiana Administrative Code
Title 511 - INDIANA STATE BOARD OF EDUCATION
Article 7 - SPECIAL EDUCATION
Rule 44 - Discipline Procedures
Section 44-6 - Interim alternative educational setting; weapons, drugs, and serious bodily injury

Universal Citation: 511 IN Admin Code 44-6

Current through March 20, 2024

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) carries a weapon to school or possesses a weapon;

(2) knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance; 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 the department of education or a public agency.

(b) The public agency must do the following:

(1) Notify the student's parent.

(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) Continue to participate in the general education curriculum, although in another setting.

(2) Progress toward meeting the goals set out in the student's IEP.

(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) Mediation in accordance with 511 IAC 7-45-2.

(2) A due process hearing in accordance with 511 IAC 7-45-3 or 511 IAC 7-45-10.

(3) Simultaneously, mediation and a due process hearing.

(f) The department of education 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.

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