What happens if a student with disabilities brings a weapon to school according to IDEA 97?

Under IDEA 97, when a student with disabilities brings a weapon to school, the law allows for a consequence that is consistent with the seriousness of the incident while also considering the student's right to a free appropriate public education (FAPE). Specifically, a school may place the student in an alternative educational setting for up to 45 days. This provision is designed to keep both the student and the school community safe, while also ensuring that the student's educational needs are addressed, even amidst disciplinary actions.

The 45-day timeline allows for a temporary removal while the school ensures that any disciplinary measures taken do not completely sever the student's access to education. It underscores the importance of balancing safety concerns with the educational rights of students with disabilities, acknowledging that behavior related to their disabilities should be taken into account when determining appropriate disciplinary actions.