(5) "Disruptive student" A student who poses a clear threat to the safety and welfare of other students or the school staff, who creates an unsafe school environment or whose behavior materially interferes with the learning of other students or disrupts the overall educational process. The disruptive student exhibits to a marked degree any or all of the following conditions:
(i) Disregard for school authority, including persistent violation of school policy and rules.
(ii) Display or use of controlled substances on school property or during school-affiliated activities.
(iii) Violent or threatening behavior on school property or during school-affiliated activities.
(iv) Possession of a weapon on school property, as defined under 18 Pa C.S. § 912 (relating to possession of weapon on school property).
(v) Commission of a criminal act on school property or during school-affiliated activities.
(vi) Misconduct that would merit suspension or expulsion under school policy.
(vii) Habitual truancy. No student who is eligible for special education services pursuant to the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S. C. § 1400 et seq.) shall be deemed a disruptive student for the purposes of this act, except as provided for in 22 Pa. Code §14.35 (relating to discipline).
(6) "School." Any school classified by the Department of Education as a middle school, junior high school, senior high school or area vocational-technical school.