Protections for children not yet eligible for special education

Discussion in 'Special Ed 101 Archives' started by Sheila, Jul 13, 2003.

  1. Sheila

    Sheila Moderator

    If a child is having behavioral OR academic problems in school, a parent can refer the child for a Full and Initial Evaluation (called a Case Study [and by other names] in various areas of the country). It is important that the evaluation request be in writing and sent Certified Mail to the school district's Superintendent and/or the Special Education Director.

    Receipt of the letter by the school district immediately kicks in a critical protection for your child as it relates to discipline.

    An excerpt from the Federal regs: A child who has not been determined to be eligible for special education and related servicesand who has engaged in behavior that violated any rule or code of conduct of the local educational agency, may assert any of the protections provided for;if the LEA had knowledge that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.

    Your certified letter is proof the school district had "knowledge."

    You can learn more about it at http://web.archive.org/web/20031208...ations/searchregs/300subpartE/Esec300.527.php .
     
    Last edited: Aug 30, 2008
  2. Martie

    Martie Moderator

    Alisha

    Here is the full text of the cite. I found this on my hard drive but not the post I had written whenever.

    20 U.S.C.&1415(k)(8)(A)-(C).


    (8) Protections for children not yet eligible for special education and related service.
    (A) In general. A child who has not been determined to be eligible for special education and related service under this part and who has engaged in behavior that violated any rule or code of conduct of the local educational agency, including any behavior described in paragraph (1), may assert any of the protections provided for in this part if the local education agency had knowledge (as determined in accordance with this paragraph) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.
    (B) Basis of knowledge. A local education agency shall be deemed to have knowledge that a child is a child with a disability if-
    (i) the parent of the child has expressed concern in writing (unless the parent is illiterate or has a disability that prevents compliance with the requirements contained in this clause) to personnel of the appropriate educational agency that the child is in need of special education and related services;

    (ii) the behavior or performance of such child demonstrates the need for such services;

    (iii) the parent of the child has requested an evaluation of the child pursuant to section 1414; or
    (iv) the teacher of the child, or other personnel of the local education agency, has expressed concern about the behavior or performance of the child to the director of special education of such agency or to other personnel of the agency.
    (C) Conditions that apply if no basis of knowledge.
    (i) In general. If a local education agency does not have knowledge that a child is a child with a disability (in accordance with subparagraph (B) prior to taking disciplinary measures against the child, the child may be subjected to the same disciplinary measures as measures applied to children without disabilities who engaged in comparable behaviors consistent with clause (ii).
    (ii) Limitations. If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures under paragraph (1) or (2), the evaluation shall be conducted in an expedited manner. If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the agency and information provided by the parents, the agency shall provide special education and related services in accordance with the provisions of this part, except that, pending results of the evaluation, the child shall remain in the educational placement determined by school authorities.
     
  3. Nearly Depressed

    Nearly Depressed New Member

    Thank you so much! Please forgive me for my lack of knowledge in regards to this matter (I am still learning so much), but it states that a parent can assert certain protections as provided for in the paragraph. What exactly are the protections that are provided for? I will try to locate a more complete explanation of the statute via the internet, but in the meantime, I thought someone might have a quicker (and easier to understand) explanation of those protections???
     
Loading...