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