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

Special circumstances exist if the child:

300.530(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)

P
    • 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 the SEA or the LEA:
300.530(g)(2)

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

P
    • 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 healthcare professional or that is legally possessed or used under any other authority under the Controlled Substance 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)

P
    • 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 the child with a disability under the special circumstances provisions of AUTHORITY OF SCHOOL PERSONNEL.



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

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

P

 
 
Last Updated: Wednesday, April 19, 2017