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Fact Sheet- Special Circumstance Removal - Serious Bodily Injury |
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Fact Sheet- Special Circumstance Removal - Serious Bodily InjuryThese documents are also available in Microsoft Word and PDF Formats.
What This Means:A child cannot legally be removed from school for up to 45 days if the child inflicted bodily injury that is not serious, such as a cut, abrasion, bruise, etc. A child can be removed if the injury involves a substantial risk of death (or death), extreme physical pain, etc.Case Examples About Serious Bodily Injury.Honig v. Doe. Two students with significant disabilities were indefinitely suspended for misbehavior. One student assaulted/choked another student and kicked out a school window. The other student stole, extorted money from other students and made lewd sexual comments. School officials sought to expel both students on grounds of "dangerousness." The Supreme Court refused to read that exception into the IDEA and held the students were entitled to their placements unless the school district sought relief in court. Honig v. Doe, 484 U.S. 305 (1988). (Note: This case preceded the exception for "serious bodily injury" but is instructive of the type of behaviors that may well NOT be within the context of the federal definition of "serious bodily injury.") K.M. K.M. was a child with multiple disabilities, including autism, who had significant behavioral episodes. K.M. hit, punched, kicked, pushed and bothered staff and other students 83 times in one school year. The District went to Court to have K.M. removed from his placement to a more restrictive setting. The Court declined to assist the District in the removal and advised the District's option was to request an expedited due process hearing which would, under the IDEA, have to be held within 10 days. Gilbert Unified School District No. 41 v. K.M., (D. AZ 2003), 39 IDELR 187, 103 LRP 36103. (Note: This case preceded the "serious bodily injury" revision to IDEA 2004 but may be utilized as an example of the types of behaviors that are not within "serious bodily injury.") Tracey: Anchorage's own municipal curfew ordinance includes a definition of serious bodily injury and defines same as "bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ." 8.75.060, upheld as constitutional though on other issues by Tracey v. Municipality of Anchorage, 91 P.3d 252 (May 2004).2 NOTICE: If your child has a disability and is facing disciplinary action of any kind, it is best to consult immediately with an attorney or advocate to ensure rights are protected. If you are uncertain of your rights and are unable to contact counsel, put in writing to the school district that you are attempting to find out about your rights.Contact us!If you have questions about any of the information in this fact sheet or wish to learn more about your child's special education rights, contact the Disability Law Center of Alaska at 1-800-478-1234 (toll-free Voice/TTY), or visit our website at http://www.dlcak.org.References: |
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Phone: 907-565-1002 Phone/TTY Fax: 907-565-1000 Toll Free: 1-800-478-1234 Phone/TTY (In State Only) |
Disability Law Center of Alaska Mail: 3330 Arctic Boulevard, Suite 103 Anchorage, AK 99503 E-mail: akpa@dlcak.org |
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(C) 2004 Disability Law Center of Alaska |