Page:United States Statutes at Large Volume 118.djvu/2757

 118 STAT. 2727 PUBLIC LAW 108–446—DEC. 3, 2004 child’s IEP, any teacher observations, and any relevant information provided by the parents to determine— ‘‘(I) if the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or ‘‘(II) if the conduct in question was the direct result of the local educational agency’s failure to implement the IEP. ‘‘(ii) MANIFESTATION.—If the local educational agency, the parent, and relevant members of the IEP Team determine that either subclause (I) or (II) of clause (i) is applicable for the child, the conduct shall be determined to be a manifestation of the child’s disability. ‘‘(F) DETERMINATION THAT BEHAVIOR WAS A MANIFESTA TION.—If the local educational agency, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child’s dis ability, the IEP Team shall— ‘‘(i) conduct a functional behavioral assessment, and implement a behavioral intervention plan for such child, provided that the local educational agency had not conducted such assessment prior to such deter mination before the behavior that resulted in a change in placement described in subparagraph (C) or (G); ‘‘(ii) in the situation where a behavioral interven tion plan has been developed, review the behavioral intervention plan if the child already has such a behav ioral intervention plan, and modify it, as necessary, to address the behavior; and ‘‘(iii) except as provided in subparagraph (G), return the child to the placement from which the child was removed, unless the parent and the local edu cational agency agree to a change of placement as part of the modification of the behavioral intervention plan. ‘‘(G) SPECIAL CIRCUMSTANCES.—School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, in cases where a child— ‘‘(i) carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a State or local educational agency; ‘‘(ii) 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 a State or local educational agency; or ‘‘(iii) has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency. ‘‘(H) NOTIFICATION.—Not later than the date on which the decision to take disciplinary action is made, the local educational agency shall notify the parents of that decision,

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