If the school has knowledge that the student who has been involved in the infraction was a student with a disability before the behavior that resulted in the disciplinary action, then the student has all the rights and protections that a student with a disability would have under the IDEA (34 CFR 300.534).
- the parent expressed concerns in writing to an administrator or teacher that the student is in need of special education and related services;
- the parent requested an evaluation of the student in accordance with IDEA; or
- a teacher of the student or other school personnel expressed specific concerns about a pattern of behavior demonstrated by the student directly to the special education senior manager or other supervisory personnel ((34 CFR 300.534 (b)).
A school is considered not to have prior knowledge if:
- the parent has refused to consent to an IDEA evaluation;
- the parent refused IDEA services with regard to the student; or
- the child student has been evaluated and determined not to be eligible for special education services ((34 CFR 300.534 (c)).
What We Do
If the school has prior knowledge and suspects that a student may have a disability, then the student has all the rights and protections that a student with a disability would have under IDEA.
If a school does not have prior knowledge that a student is a child with a disability prior to taking disciplinary measures against the child, the student may be subjected to the disciplinary measures applied to children without disabilities who engage in comparable behaviors.
- If the parent requests an evaluation of the student during the time period in which the student is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner. Until the evaluation is completed, the student remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.
- If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the school and information provided by the parents, the school must provide special education services and related services in accordance with this part, including the requirements of ((CFR 300.530 through CFR 34 300.536 and Section 612(a) (1)(A)of IDEA).