According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009,it depends on the behavior and the situation in which the determination is being made. The LEA can determine the IAES for a short-term removal for 10 consecutive school days or less, or for a short-term removal of more than 10 days that does not constitute a change in placement. When the child is being removed for more than 10 school days and the behavior is not a manifestation of the child's disability, the IEP team will determine the IAES.
For behavior relating to drugs, weapons, or serious bodily injury the decision regarding IF a student is ordered to an IAES is made by designated school officials. However, the decision of WHERE that setting will be is made by the child's IEP team. For behavior substantially likely to result in injury to the child or others, the decision regarding an appropriate IAES is made by a special education due process hearing officer (34 C.F.R. Section 300.532(b)(2)(ii)).
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