C . Transfer of IDEA students for Certain Offenses :
School personnel may transfer an IDEA student to an appropriate interim alternative educational setting for not more than forty-five ( 45 ) calendar days if the student :
1 . Was in possession of a dangerous weapon , as defined in 18 U . S . C . 930 ( g )( 2 ), as amended from time to time , on school grounds or at a school-sponsored activity , or
2 . Knowingly possessed or used illegal drugs or sold or solicited the sale of a controlled substance while at school or at a school-sponsored activity ; or
As used in this subsection XIIC ., the term " dangerous weapon " means a weapon , device , instrument , material , or substance , animate or inanimate , that is used for , or is readily capable of , causing death or serious bodily injury , except that such term does not include a pocket knife with a blade of less than 2.5 inches in length .
XIII .
Procedures Governing Suspension and Expulsion of Students Identified as Eligible for Educational Accommodations under Section 504 of the Rehabilitation Act of 1973
A .
Expulsion of students identified as eligible for educational accommodations under Section 504 of the Rehabilitation Act of 1973
Notwithstanding any provision to the contrary , if the Administration recommends for expulsion a student identified as eligible for educational accommodations under Section 504 of the Rehabilitation Act of 1973 ( a “ Section 504 Student ”) who has engaged in conduct that violated any rule or code of conduct of the school district that applies to all students , the following procedures shall apply :
1 . The parents of the student must be notified of the decision to recommend the student for expulsion .
2 . The district shall immediately convene the student ' s Section 504 team ( 504 team ), for the purpose of reviewing the relationship between the student ' s disability and the behavior that led to the recommendation for expulsion , in order to determine whether the student ' s behavior was a manifestation of his / her disability .
3 . If the 504 team finds that the behavior was a manifestation of the student ' s disability , the Administration shall not proceed with the recommendation for expulsion . The 504 team shall consider the student ' s misconduct and revise the 504 plan to prevent a recurrence of the misconduct and to provide for the safety of other students and staff .
4 . If the 504 team finds that the behavior was not a manifestation of the student ' s disability , the Administration may proceed with the recommendation for expulsion .
Revised 8 / 23 / 2024