Alternative Setting
Can place child in another setting without consent if weapons, drugs, or serious bodily injury are present
- Removal should not last longer than 45 days without regard to manifestation determination
- Child remains in alternative placement during due process hearing
Protections for Students Not Yet Eligible for Services
- School district has knowledge of disability if concerns have been expressed in writing, if child’s school performance shows the need for special education, if there has been a request for an evaluation, or if the child’s teacher has made a request for services
- School district does not have knowledge if you have not allowed an evaluation, you have refused services, it was determined that the child does not have a disability, or if an evaluation was not needed
- If district did not know of the disability, the child can be disciplined as a student without a disability would be
Referrals by Law
- District can report students’ crimes even if they have disabilities
- Copies have to be transmitted to the appropriate authorities for consideration