D098 Crisis

Crisis:

A CRISIS situation has been provoked if a child:

• Carries a weapon to or possesses a weapon at school, on school premises or to/at a school function under the jurisdiction of a district or ODE; or

• Knowingly possesses/uses illegal drugs, or sells or tries to buy/sell a controlled substance while at school, on school premises or at a school function under the authority of a district or ODE; or

• Does serious bodily injury to another person at school, on school premises or at a school function under the authority of a district or ODE;

If a crisis is provoked & even if the child’s action was manifested by the child’s disability then the school may remove the child to an interim alternative educational setting (IAES) for up to 45sd.

Dangerous Action

An Action is Dangerous if a person of any age:

- Carries a weapon to or possesses a weapon; or

- Knowingly possesses/uses illegal drugs; or

- Sells or tries to buy/sell a controlled substance; or

- Does serious bodily injury to another person

When a person of any age performs a dangerous act at school, on school premises or to/at a school function under the jurisdiction of a district or ODE then the person is certain to be disciplined.

When a dangerous act is done and a child with a disability is the suspect then IDEA allows a school to report

the suspect to the appropriate authorities.

Federal & state laws apply to crimes committed by a child with a disability.

IDEA allows state law enforcement & courts to exercise their responsibilities to investigate.

When a school reports a suspected child then the school must send copies of the child’s Spec Ed records & discipline records to the authorities/investigators of the crime.

If permitted by FERPA then a school may send copies of a child’s Spec Ed records & discipline records.