The special education disciplinary rules apply if, before the behavior incident, the district “has knowledge” that your child has or may have a disability. If your child is not already identified as a special education student, there are three situations in which a district will be “deemed” to have this knowledge:
- When a parent had expressed concern in writing (before the student’s misbehavior) to a school administrator or the student’s teacher that he needs special education and related services;
- When a parent had requested (before the misbehavior) that the student be evaluated for special education; and
- When, before the misbehavior, a teacher or other school personnel had expressed specific concerns about a pattern of behavior directly to the special education director, or other supervisory personnel.
[20 U.S.C. Sec. 1415(k)(5); 34 C.F.R. Sec. 300.534(b).]
There are three situations in which the district will not be deemed to have knowledge:
- When the district has already assessed a student and determined he is not eligible for special education;
- When the parent has not allowed an evaluation; or
- The parent has refused special education services.
[34 C.F.R. Sec. 300.534(c).]
In these situations, a student is not protected under the special education discipline rules.