Weapons and Serious Bodily Injury Offenses

School personnel are authorized to take disciplinary action if the student carries or possesses a weapon, or has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a state or Local Education Agency. A student with a disability who carries or possesses a weapon or inflicts serious bodily injury can be removed immediately for up to 45 school days without regard to the direct connection between disability and behavior, but the manifestation process must still take place. If the behavior is determined to be a manifestation of the disability, the Section 504 team will need to conduct a functional behavioral assessment and develop a behavior intervention plan.

If it is determined that the behavior is not a direct result of the disability, the student is subject to the same consequences as would be applied to a student without a disability and removal can exceed 45 school days as long as the term is consistent with that applied to a nondisabled student committing the same infraction.

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