Yes. Under certain circumstances, a district can immediately place your child in a different placement, and keep her there for up to 45 school days, even if the behavior is found to be a manifestation of her disability.
Your child may be placed in an “interim alternative educational setting” if the district claims she has done any of the following:
- Carried or possessed a weapon to or at school or on school grounds or at a school function;
- Knowingly possessed or used illegal drugs, or sold or solicited the sale of such a drug while at school, on school grounds, or at a school function;
- Inflicted serious bodily injury upon another person while at school, on school grounds, or at a school function. “Serious bodily injury” means: substantial risk of death, or extreme physical pain, or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. [20 U.S.C. Sec. 1415(k)(1)(G) and (7)(d)); 34 C.F.R. Sec. 300.530(g).] The district must still meet with you within 10 days to have a manifestation determination meeting.