Discipline and Safety: Weapons, Drugs, and Injury

Update!  Check out this free IDEA online discipline tool! 

We all want safe schools. When a student's behavior compromises the safety of the school and the safety of students,  the school must act--particularly when the behavior involves weapons, drugs, or serious bodily injury. Behaviors that involve weapons, drugs, or serious bodily injury are categorically different from simple violations of the school's code of conduct, and the Individuals with Disabilities Education Act (IDEA) recognizes the difference and makes student and school safety a priority. IDEA provides exceptions to its standard discipline provisions for a student with a disability whose behavior involves weapons, drugs, or serious bodily injury.

In this post, I discuss discipline under IDEA when the student's behavior involves weapons, drugs, and serious bodily injury--starting with the heightened flexibility of schools to ensure safety by removing the student from the school.

What can a school do when a student's behavior involves weapons, drugs, or serious bodily injury?


First, I should note that none of the other discipline options are off the table just because the student's behavior involved weapons, drugs, or serious bodily injury (see Top 5 Myths of IDEA Discipline ).

Second, IDEA specifically allows schools to immediately put the student in a interim alternate educational setting (IAES) for up to 45 days without discussion and before a hearing, manifestation determination, or other procedures even begin.  Of course such removal does trigger the long term suspension rules, but with one exception as discussed below.

Third, even if the behavior (the weapons, drugs, or serious bodily injury violation) turns out to be a manifestation of the student's disability, the school can keep the student in the IAES.  The student with a disability's behavior is a threat to student safety, and thus, the school does not have to send the student back to his/her regular education setting even if the behavior is a manifestation of disability.

So what behavior triggers IDEA's exceptions for weapons, drugs, and serious bodily injury?

Weapons--All a student has to do to violate this part of the rule is to carry or possess a weapon on school grounds or at a school function.  A "weapon" is (basically) defined as a device used for or readily capable of causing death or serious bodily injury according to the federal criminal code.

Drugs--If the drug is illegal possession or use is sufficient behavior to trigger a violation.  If the drug is a "controlled substance," or in other words a drug that is available by prescription, a violation occurs if they sell or solicit the sale of the drug.  The distinction here is that IDEA does not intend to provide the exception when a student with a disability is simply using a drug legally prescribed to him or her.

Serious Bodily Injury--As defined in the criminal code, serious bodily injury means injury that involves substantial risk of death, extreme pain, serious disfigurement, or loss of functional ability.  It is a pretty high bar all things considered, but remember that this definition is only for the exception to the regular rules governing discipline--schools may still follow those procedures.