School Removals Because of Weapons and &/or Drugs

School personnel may remove a student to an interim alternative educational setting, determined by the IEP team, 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 possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a State or local educational agency;
 

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 a State or local educational agency; 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 a State or local educational agency.
 

Not later than the date on which the decision to take disciplinary action is made,

a. the district shall notify the parents of that decision, and of all procedural safeguards accorded under this section and in New Jersey

b. the principal shall forward written notification and a description of the reasons for such action to the case manager.

PREVENTING AND ADDRESSING CHALLENGING BEHAVIOR

Revised on October 15, 2005