Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 37
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44If the school division, the parent, and relevant members of the child’s IEP Team determine that
the conduct in question was the direct result of the school division’s failure to implement the
IEP, the school division must take immediate action to remedy those deficiencies.
Determination that Behavior was a Manifestation of the Child's Disability
If the school division, the parent, and relevant members of the IEP Team determine that the
conduct was a manifestation of the child’s disability, the IEP Team must either:
1. Conduct a functional behavioral assessment, unless the school division had conducted a
functional behavioral assessment before the behavior that resulted in the change of
placement occurred, and implement a behavioral intervention plan for the child; or
2. If a behavioral intervention plan already has been developed, review the behavioral
intervention plan, and modify it, as necessary, to address the behavior.
Except as described below under the sub-heading Special circumstances, the school division
must return the child to the placement from which the child was removed, unless the parent and
the division agree to a change of placement as part of the modification of the behavioral
intervention plan.
Special Circumstances
If your child’s behavior involves illegal or controlled drugs, a dangerous
weapon, or serious bodily injury, the school division has greater flexibility to
discipline your child.
Whether or not the behavior was a manifestation of the child’s disability, school personnel may
remove a student to an interim alternative educational setting (determined by the child’s IEP
Team) for up to 45 school days, if the child:
1. Carries a weapon (see the definition below) to school or has a weapon at school, on
school premises, or at a school function under the jurisdiction of VDOE or a school
division;
2. Knowingly has or uses illegal drugs (see the definition below), or sells or solicits the sale
of a controlled substance, (see the definition below), while at school, on school premises,
or at a school function under the jurisdiction of VDOE or a school division; or
3. Has inflicted serious bodily injury (see the definition below) upon another person while
at school, on school premises, or at a school function under the jurisdiction of VDOE or a
school division.
Definitions
Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or
V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
Illegal drug means a controlled substance; but does not include a controlled substance that is
legally possessed or used under the supervision of a licensed health-care professional or that is
legally possessed or used under any other authority under that Act or under any other provision
of Federal law.
34
SS/SE-4 (6/16)
ADVERTISEMENT
0 votes
Related Articles
Related forms
Owner Title Sheet Template - Commonwealth Of Virginia Department Of Small Business And Supplier Diversity
Business
Montana State Case Registry And Vital Statistics Reporting Form Department Of Public Health And Human Services
Legal
Family Child Care Home Addendum To Notification Of Parents' Rights (regarding Removal/exclusion) State Of California - Health And Human Services Agency
Legal
Related Categories
Parent category: Legal