Defining “Serious Bodily Injury” in the IDEA
Summary of Cases
Case Name Case Summary
1. Bisbee Unified Sch. Dis. No. 2, 54 An ALJ found that an Arizona district was not
IDELR 39 (SEA AZ 2010). justified in removing a student with autism to
an IAES because he kicked his elementary
school's principal. Although the district
claimed that the student inflicted extreme
physical pain when he lunged at the principal
and kicked him while being restrained, the
principal's actions following the incident
revealed otherwise. The principal did not seek
medical attention, he drove 200 miles the next
day, and received a cortisone injection three
weeks later, all indicating that he did not
experience extreme physical pain.
2. In re: Student with a Disability, 54 A special education student struck a
IDELR 139 (SEA IS 2010) paraprofessional on the head four times with
his knuckles. Although the paraprofessional
suffered pain, discomfort, and disorientation
that she rated at “seven” on a scale of one to
ten after being hit by a student, she was given
no pain medication at the hospital and was
back to normal the next day. Common minor
symptoms from knuckle wraps to head by a
small child did not cause her to suffer extreme
pain within the meaning of the statutory
definition of “serious bodily injury.”
3. Pocono Mountain Sch. Dis., 109 Student got into fight with a peer and broke the
LRP 26432 (SEA PA 2008). peer’s nose. Student was suspended for 10
days and district determined student’s behavior
was not a manifestation of student’s disability,
and unilaterally removed Student to a 45 day
interim alternative educational setting. Parents
challenged unilateral removal. The judge
found, although the student’s behavior was
injurious, frightening and intimidating, “a
broken nose does not fit within the IDEA’s
narrow definition of the infliction of “serious
bodily injury.”
4. In re: Student with a Disability, Student diagnosed with ADHD and PDD,
108 LPR 45824 (SEA WV 2008). kicked the teacher’s shins and stomped on the
teacher’s toes. The teacher’s shins and toes
were red after the incident, but she had no
bruises, no bleeding, did not experience
extreme pain, and required no medical care.
Therefore the school district violated IDEA by
placing the student in an IAES because there
was no “serious bodily injury.”
5. Tehachapi Unified Sch. Dist., 106 A student's conduct, which resulted in a mild
LRP 22450 (SEA CA 2006). concussion to one pupil and a broken nose to
another, did not involve serious bodily injury
within the meaning of 20 USC 1415 (k)(1)(G).
There was no evidence of extreme physical
pain, substantial risk of death, or protracted
injuries of the kind described in the federal
definition.
6. Light v. Parkway C-2 Sch. Dis., 21 Student with severe mental disabilities kicked,
IDELR 933 (8th Cir. 1994). hit, and bit her teacher, at least several times a
week. At various times, student also hit,
kicked, and slapped other students with
disabilities and non-disabled students; thrown
pencils and other objects at other students'
eyes, ears and faces; and attempted to overturn
desks and tables. Court rejected contention
that “injury” is inflicted only when blood is
drawn or the emergency room is visited, and
recognized that bruises, bite marks and poked
eyes all constitute “injuries.” More broadly,
court further rejects proposition that a child
must first inflict serious harm before that child
can be deemed substantially likely to cause
injury.