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SPECIAL CIRCUMSTANCES  
 
18 U.S.C. §§930, 1365; 21 U.S.C. §812; 20 U.S.C. §1415; 34 C.F.R. Part 300
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

P

Special circumstances exist if the child:

300.530(g)
1415(k)(1)(G)


D
  • Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the state educational agency (SEA) or the local educational agency (LEA):
300.530(g)(1)
1415(k)(1)(G)(i)


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    • 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 1/2 inches in length;
300.530(i)(4)
18 USC 930(g)(2)


D
  • 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 an SEA or an LEA:
300.530(g)(2)
1415(k)(1)(G)(ii)


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    • Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V;
300.530(i)(1)
21 USC 812
Schedule I
Schedule II
Schedule III
Schedule IV
Schedule V


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    • 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; or
300.530(i)(2)


D
  • Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the SEA or the LEA:
300.530(g)(3)
1415(k)(1)(G)(iii)


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    • The term "serious bodily injury" means 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;
300.530(i)(3)
18 USC 1365(h)(3)


P

If special circumstances exist, the LEA may remove a child with a disability under the special circumstances provisions of AUTHORITY OF SCHOOL PERSONNEL.




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If the removal is for more than 10 consecutive school days, the LEA must comply with the CHANGE OF PLACEMENT framework and conduct a MANIFESTATION DETERMINATIONreview:



P
  • School personnel may remove a student to an interim alternative educational setting (IAES) without regard to whether the behavior is determined to be a manifestation of the child's disability;
300.530(g)
1415(k)(1)(G)


P
    • As long as the removal is for not more than 45 school days if the behavior is a manifestation of the child's disability; and
300.530(g)
1415(k)(1)(G)


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Last Updated: Wednesday, December 19, 2007
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