Students Not Determined Eligible for Special Education
A student who has not been determined eligible for special education services may assert the protections if the district had knowledge that the student was eligible for special education before the behavior that precipitated disciplinary action occurred.
The district is deemed to have knowledge if:
- The parents expressed concern in writing (or verbally if the parent does not know how to write or has a disability the prevents a written statement) to district supervisory or administrative personnel or a teacher of the student that the student is in need of special education and related services; or
- The parent requested that the student be evaluated for special education services; or
- The teacher or other school personnel has expressed specific concern about a pattern of behavior demonstrated by the student to the director of the special services department or to other supervisory staff.
If instituting disciplinary action that would exceed ten days and the principal believes that one or more of these criteria applies to the student, the principal will notify the special services department to determine the appropriate disciplinary procedures
The district is not deemed to have knowledge if, as a result of receiving the information described above, the district either:
- Conducted a special education evaluation of the student and determined that the student was not eligible for services; or
- The parent of the student have not allowed an evaluation of the child or have refused education services
If the district is not deemed to have knowledge that a student is a special education student, the student may be disciplined as a student without disabilities who engages in comparable behaviors. The district shall request consent from the parents to conduct an evaluation, requested by the district during the time period such a student is subjected to disciplinary measures, in an expedited manner. Until the evaluation is completed, such a student shall remain in the educational placement determined by the district, which can include suspension or expulsion without educational services.
*See the Special Education Terms & Definitions page for more information.