8.5.6 Exceptions

Schools can remove a student to an interim alternative educational setting (“IAES”) for up to 45 school days even where a behavior is a manifestation of the student’s disability in three specific circumstances only:1

1. The student carries or possesses a weapon at school, on school premises, or to a school function. A weapon is defined as a “weapon, device, instrument, material or substance, animate or inanimate, that is used for is readily capable of, causing death or serious bodily injury.”2  This definition explicitly excludes a pocketknife with a blade of less than 2½ inches in length.3
2. The student knowingly possesses or uses illegal drugs, or sells or solicits the sale of controlled substances, while at school, on school premises, or to or at a school function.4  This does not include a controlled substance that is legally possessed or used under the supervision of a licensed health care professional.5
3. The student has inflicted “serious bodily injury” upon another person while at school, on school premises, or at a school function. “Serious bodily injury” is defined as bodily injury which 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.6  This is a high burden, and minor injuries such as bruises or scratches do not meet this definition.

In any of these cases, the student may be placed in an IAES to be determined by the IEP team for up to 45 school days even where the behavior was a manifestation of the student’s disability. However, as with a student whose behavior was determined after the MDR not to be a manifestation of the student’s disability, a student placed in an IAES must continue to receive FAPE and an FBA must be conducted (and a BIP developed).7

• 1La. Bulletin 1706 § 530(G).
• 2See 18 U.S.C. 930(g)(2). Under the IDEA and Louisiana special education regulations, the meaning of weapon here is given the same definition as “dangerous weapon” under 18 U.S.C. § 930(g)(2). See La. Bulletin 1706 § 530(I).
• 318 U.S.C. § 930(g)(2).
• 4Under the IDEA and Louisiana special education regulations, a controlled substance is defined as a drug or other substance identified under schedules I­–V of 21 U.S.C. § 812(c)(202)(c). See La. Bulletin 1706 § 530(I).
• 5See id.
• 6The meaning of serious bodily injury here is given the same definition as serious bodily injury under 18 U.S.C. § 1365(h)(3). See La. Bulletin 1706 § 530(I).
• 7Id.