Does the statutory language “carries a weapon to school or to a school function” cover instances in which the child acquires a weapon at school?
Yes. Although the statutory language “carries a weapon to school or to a school function” could be viewed as ambiguous on this point, in light of the clear intent of Congress in the Act to expand the authority of school personnel to immediately address school weapons offenses, the Department’s opinion is that this language also covers instances in which the child is found to have a weapon that he or she obtained while at school. This ideaQUESTS document was prepared by OSEP, and was excerpted from the Final Regulations posted in the Federal Register on March 12, 1999. For more ideaQuestions, visit the IDEA Practices site: http://www.ideapractices.org/ To learn more about special education legal issues and discipline, here are some resources. 1. The discipline section from the Individuals with Disabilities Education Act with my commentary: URL: http://www.wrightslaw.com/idea/law/section1415.pdf 2. Our book, Wrightslaw: Special Education Law, contains the special education laws and regu
Related Questions
- My child is already on a waiting list or receiving speech/language services through the hospital or school. Would my child also benefit from private speech/language services?
- My child attends a Hawaiian Immersion School. How will the teacher mark the Language Arts section of the Kindergarten Report Card which refers to the English alphabet?
- Does the statutory language "carries a weapon to school or to a school function" cover instances in which the child acquires a weapon at school?
