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IDEA and Discipline
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May not completely terminate the right to FAPE Must make “manifestation determination”
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Manifestation Determination The IEP was appropriate Disability did not impair: *ability to understand impact and consequences *the ability to control behavior
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If behavior is a manifestation of disability school may: Suspend or place in different setting for 10 days Alternative setting for up to 45 days if student: *carries a weapon *uses or sells drugs *is likely to injure self or others
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School may report student to appropriate law enforcement authority Must include information on disability status
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