PROTECTIONS FOR CHILDREN NOT YET DETERMINED ELIGIBLE

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PROTECTIONS FOR CHILDREN NOT YET DETERMINED ELIGIBLE

Authorities:  34 CFR Part 300

 
 
 
  FEDERAL AND STATE REQUIREMENTS
Practice
A child who has not been determined to be eligible for special education and related services and who has engaged in behavior that violated a code of student conduct, may assert any of the protections in the DISCIPLINE frameworks if the local educational agency (LEA) had knowledge that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred. Citations:
300.534(a)
 
BASIS OF KNOWLEDGE
Practice
The LEA is deemed to have knowledge that the child is a child with a disability if before the behavior that precipitated the disciplinary action occurred: Citations:
300.534(b)
Document
  • The parent of the child expressed concern in writing to supervisory or administrative personnel of the LEA, or a teacher of the child, that the child is in need of special education and related services;
 Citations:
300.534(b)(1)
Practice
  • The parent of the child requested an EVALUATION; or
 Citations:
300.534(b)(2)
Practice
  • The teacher of the child, or other personnel of the LEA, expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education or other supervisory personnel of the LEA.
 Citations:
300.534(b)(3)
Practice
A public agency would not be deemed to have knowledge if: Citations:
300.534(c)
Practice
Citations:
300.534(c)(1)
Practice
  • The child has been evaluated in accordance with the EVALUATION PROCEDURES framework and determined to not be a child with a disability.
 Citations:
300.534(c)(2)
 
PROTECTIONS IF NO BASIS OF KNOWLEDGE
Practice
If the LEA does not have a basis of knowledge prior to taking disciplinary measures, the child may be subjected to the disciplinary measures applied to children without disabilities. Citations:
300.534(d)(1)
Practice

If a request is made for an EVALUATION of the child during the time period in which the child is subjected to disciplinary measures as described in the AUTHORITY TO REMOVE FOR NOT MORE THAN 10 CONSECUTIVE SCHOOL DAYS and the AUTHORITY TO REMOVE FOR MORE THAN 10 CONSECUTIVE SCHOOL DAYS, the evaluation must be conducted in an expedited manner.
Practice
Until the evaluation is completed, the child remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services. Citations:
300.534(d)(2)(ii)
Practice
If the child is determined to be a child with a disability under the DETERMINATION OF ELIGIBILITY framework, the LEA must comply with the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE and the DISCIPLINE frameworks. Citations:
300.534(d)(2)(iii)
  Last Updated : Wed, Aug 09, 2023