24 P.S. § 19-1902-C(5) provides that an AEDY Program may only be used when all other established methods of intervention and/or discipline have been exhausted. Further, students placed in AEDY are limited only to those students who:

• Pose a clear threat to the safety and welfare of other students or the school staff; or
• Create an unsafe school environment; or
• Whose behavior materially interferes with the learning of other students or disrupts the overall educational process.

AND

• Exhibit to a marked degree any or all of the following six criteria for placement:
• Disregard for school authority, including persistent violation of school policy and rules.
• Display or use of controlled substances on school property or during school-affiliated activities.
• Violent or threatening behavior on school property or during school-affiliated activities.
• Possession of a weapon on school property, as defined by the Crimes Code at 18 Pa.C.S. § 912 (relating to possession of weapon on school property).
• Commission of a criminal act on school property or during school-affiliated activities.
• Misconduct that would merit suspension or expulsion under school policy.

Unilateral Placements

Muhlenberg *students will receive an automatic 45-day, unilateral placement if one or more of the following behaviors occur:

1. A student brings a weapon to school
2. A student possesses, uses or distributes illegal drugs
3. A student causes serious bodily injury

*Students with IEPs can receive a 45-day unilateral placement providing:

1. The behavior is NOT a manifestation of their disability

— Or —

1. The behavior IS determined to be a manifestation of their disability, AND
2. The parent agrees to AEDY placement