School Removal Because Student Presents a Danger to Self and Others

a.   A hearing officer may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or others.

b.   The interim alternative educational setting must:

o    be determined by the IEP Team

o    provide the child with educational services, which enable the child to to continue to participate in the general education curriculum, although in another setting, and to progress toward the goals set out in the child's IEP; and

o    provide, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not occur.

PREVENTING AND ADDRESSING CHALLENGING BEHAVIOR

Revised on October 15, 2005