Page:United States Statutes at Large Volume 111 Part 1.djvu/118

 Ill STAT. 94 PUBLIC LAW 105-17^JUNE 4, 1997 "(I) the child carries a weapon to school or to a school function under the jurisdiction of a State or a local educational agency; or "(II) the child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of a State or local educational agency. "(B) Either before or not later than 10 days after taking a disciplinary action described in subparagraph (A)- "(i) if the local educational agency did not conduct a functional behavioral assessment and implement a behavioral intervention plan for such child before the behavior that resulted in the suspension described in subparagraph (A), the agency shall convene an lEP meeting to develop an assessment plan to address that behavior; or "(ii) if the child already has a behavioral intervention plan, the lEP Team shall review the plan and modify it, as necessary, to address the behavior. "(2) AUTHORITY OF HEARING OFFICER. —- A hearing officer under this section may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 days if the hearing officer— "(A) determines that the public agency has demonstrated by substantial evidence that maintaining the current placement of such child is substantially likely to result in injury to the child or to others; "(B) considers the appropriateness of the child's current placement; "(C) considers whether the public agency has made reasonable efforts to minimize the risk of harm in the child's current placement, including the use of supplementary aids and services; and "(D) determines that the interim alternative educational setting meets the requirements of paragraph (3)(B). " (3) DETERMINATION OF SETTING.— "(A) IN GENERAL. —The alternative educational setting described in paragraph (l)(A)(ii) shall be determined by the lEP Team. "(B) ADDITIONAL REQUIREMENTS. — Any interim alternative educational setting in which a child is placed under paragraph (1) or (2) shall— "(i) be selected so as to enable the child to continue to participate in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the child's current lEP, that will enable the child to meet the goals set out in that lEP; and "(ii) include services and modifications designed to address the behavior described in paragraph (1) or paragraph (2) so that it does not recur. " (4) MANIFESTATION DETERMINATION REVIEW.—

�