§ 16-28C-6 — Construction and Administration of Chapter

(a) Nothing in this chapter shall be construed to infringe on any right provided to a student pursuant to the Individuals with Disabilities Education Act (IDEA), the Family Educational Rights and Privacy Act (FERPA), Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990, provided that student information related to this chapter shall be included as necessary into any and all Individualized Education Plans (IEPs), behavioral intervention plans, and other similar documents.
(b) Principals and other relevant administrators shall carry out this chapter in a manner that complies with the laws listed in subsection (a), including, but not limited to: (i) promptly carrying out manifestation determinations after misconduct; (ii) meting out discipline in accordance with the student code of conduct where misconduct is not determined to be a manifestation of disability; (iii) performing functional behavior assessments and adjusting behavior intervention plans as needed in a timely manner; and (iv) performing any other duties and responsibilities provided by those laws.

Legislative History

(Act 2024-409, §6.)