Page:United States Statutes at Large Volume 111 Part 1.djvu/119

 PUBLIC LAW 105-17^JUNE 4, 1997 111 STAT. 95 "(A) IN GENERAL.—I f a disciplinary action is contemplated as described in paragraph (1) or paragraph (2) for a behavior of a child with a disability described in either of those paragraphs, or if a disciplinary action involving a change of placement for more than 10 days is contemplated for a child with a disability who has engaged in other behavior that violated any rule or code of conduct of the local educational agency that applies to all children— "(i) not later than the date on which the decision to take that action is made, the parents shall be notified of that decision and of all procedural safeguards accorded under this section; and "(ii) immediately, if possible, but in no case later than 10 school days after the date on which the decision to take that action is made, a review shall be conducted of the relationship between the child's disability and the behavior subject to the disciplinary action. "(B) INDIVIDUALS TO CARRY OUT REVIEW.—^A review described in subparagraph (A) shall be conducted by the lEP Team and other qualified personnel. "(C) CONDUCT OF REVIEW.—In carrying out a review described in subparagraph (A), the lEP Team may determine that the behavior of the child was not a manifestation of such child's disability only if the lEP Team— "(i) first considers, in terms of the behavior subject to disciplinary action, all relevant information, including— "(I) evaluation and diagnostic results, including such results or other relevant information supplied by the parents of the child; "(II) observations of the child; and "(III) the child's lEP and placement; and "(ii) then determines that— "(I) in relationship to the behavior subject to disciplinary action, the child's lEP and placeinent were appropriate and the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the child's lEP and placement; "(II) the child's disability did not impair the ability of the child to understand the impact and consequences of the behavior subject to disciplinary action; and " (III) the child's disability did not impair the ability of the child to control the behavior subject to disciplinary action. " (5) DETERMINATION THAT BEHAVIOR WAS NOT MANIFESTA- TION OF DISABILITY. — "(A) IN GENERAL.— I f the result of the review described in paragraph (4) is a determination, consistent with paragraph (4)(C), that the behavior of the child with a disability was not a manifestation of the child's disability, the relevant disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner in which they would be applied to children without disabilities, except as provided in section 612(a)(1).

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