Interim Alternative Education

School personnel may remove a student to an interim alternative educational placement for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, in cases where a child:

1. Carries or possess a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of the state or 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 the state or 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 the state or LEA.

4. **“Serious bodily injury,” for the purposes of the IDEA, is defined as bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member organ, or mental faculty.

Not later than the date on which the decision to take disciplinary action is made, the LEA shall notify the parents of that decision, and all of the procedural safeguards. The IEP team shall determine the alternative educational setting.