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: 

1. When a parent/guardian/other education rights holder had expressed concern in writing (before the student’s misbehavior) to a school administrator or the student’s teacher that they need special education and related services;
2. When a parent/guardian/other education rights holder had requested (before the misbehavior) that the student be evaluated for special education; and
3. 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.^[1]

There are three situations in which the school district will not be deemed to have knowledge: 

1. When the district has already assessed a student and determined they are not eligible for special education; 
2. When the parent/guardian/other education rights holder has not allowed an evaluation; or 
3. The parent/guardian/other education rights holder has refused special education services.^[2]

In these situations, a student is not protected under the special education discipline rules.

1. 20 U.S.C. Sec. 1415(k)(5); 34 C.F.R. Sec. 300.534(b).[↩]
2. 34 C.F.R. Sec. 300.534(c).[↩]