(1) A school or LEA shall create an action plan for an incident. (2) In an action plan, the school or LEA shall include: (a) a communication plan designed to keep each parent updated on the implementation of the action plan; (b) with respect to the student to whom the incident was directed and in direct coordination with the student's parent: (i) a tailored response to the incident that addresses the student's needs; (ii) a mechanism to consider consequences or accommodations the student may need regarding decreased exposure or interactions with the student who caused the incident; (iii) notification of the consequences and plan to address the behavior of the student who caused the incident; (iv) supportive measures designed to preserve the student's access to educational services and opportunities; and (v) to the extent available, access to other resources the parent requests for the student; and (c) with respect to the student who caused the incident and in direct coordination with the student's parent: (i) a range of tailored and appropriate consequences, making reasonable effort to preserve the student's access to educational services and activities; (ii) a process to determine and provide any needed resources related to the underlying cause of the incident; (iii) supportive measures designed to preserve the student's access to educational services and opportunities while protecting the safety and well-being of other students; and (iv) a process to remove the student from school in an emergency situation, including a description of what constitutes an emergency. (3) A school or LEA may not include in an action plan a requirement that the student to whom the incident was directed change the student's: (a) educational schedule or placement; or (b) participation in a school sponsored sport, club, or activity. (4) A school or LEA shall establish an appeals process for a student who causes an incident or the student's parent to appeal one or more of the consequences included in an action plan. (5) If, after a school or LEA attempts to involve a parent in the development and implementation of an action plan, the parent chooses not to participate in the process, the school or LEA may develop and implement an action plan without the parent's involvement.
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