Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 38
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
44Serious bodily injury has the meaning given the term ‘‘serious bodily injury’’ under paragraph
(3) of subsection (h) of section 1365 of title 18, United States Code. It means “bodily injury that
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.”
Weapon has the meaning given the term ‘‘dangerous weapon’’ under paragraph (2) of the first
subsection (g) of section 930 of title 18, United States Code and § 18.2-308.1 of the Code of
Virginia. 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 3 inches in
length.
Notification
On the date it makes the decision to make a removal that is a change of placement of the child
because of a violation of a code of student conduct, the school division must notify the parents of
that decision, and provide the parents with a procedural safeguards notice.
C
P
B
D
R
HANGE OF
LACEMENT
ECAUSE OF
ISCIPLINARY
EMOVALS
Your child's suspension from school can be considered to be a "change in
placement," in some circumstances.
A removal of a child with a disability from the child’s current educational placement is a change
of placement if:
1. The removal is for more than 10 school days in a row; or
2. The child has been subjected to a series of removals that constitute a pattern because:
a. The series of removals total more than 10 school days in a school year;
b. The child’s behavior is substantially similar to the child’s behavior in previous
incidents that resulted in the series of removals; and
c. Of such additional factors as the length of each removal, the total amount of time
the child has been removed, and the proximity of the removals to one another.
Whether a pattern of removals constitutes a change of placement is determined on a case-by-case
basis by the school division and, if challenged, is subject to review through due process and
judicial proceedings.
D
S
ETERMINATION OF
ETTING
The Individualized Education Program (IEP) Team must determine the interim alternative
educational setting for removals that are changes of placement, and removals under the
headings Additional authority and Special circumstances, above.
35
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