Protection For Students Not Yet Eligible For Special Education And Related Services( Dixie R. Galvez)(16085E Lancashire Dr. 33470 U.S.A Palm Beach ( Dixiergalvez@gmail.com)

 Protection For Students Not Yet Eligible For Special Education And Related Services:

34 CFR Section 300.534

General

If a student has not been determined eligible for special education and related services and violates a code of student conduct, but the school district had knowledge ( as determined below) Before the behavior that brought about the disciplinary action occurred, that the student was a student with a disability, then the student may assert any of the Protections described in this notice.

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Basis Of knowledge For Disciplinary Matters:

A school district must be deemed to have knowledge that a student is a student with a disability if, before the behavior that brought about the disciplinary action occurred:


1.) The parent of the student expressed concerns in writing that the student is in need of special education and related services to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the student;

2.) The parent requested an evaluation related to eligibility for special education and related services under PART B of the IDEA; or


3.) The students teacher or other school district personnel expressed specific concerns about the pattern of behavior demonstrated by the student directly to the school district director of special education or to other supervisory personnel of the school district.

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Exception:

A school district would not be deemed to have such knowledge if:

1.) The students parent has not allowed an evaluation of the student or refused special education services; or

2.) The student has been evaluated and determined to not be a student with a disability under PART B of the IDEA.

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Conditions That Apply If There Is No Basis Of Knowledge:

If, Prior to taking disciplinary measures against the student, A school district does not have knowledge that a student is a student with a disability, As described above under the subheading, Basis Of Knowledge For Disciplinary Matters and Exception,

The student may be subjected disciplinary measures that are applied to students without disabilities who engaged in Comparable behaviors.


However, If a request is made for an evaluation of a student during the time period in which the student is subjected to disciplinary measures, The evaluation must be conducted in an expedited manner.


Until the evaluation is completed, The student remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.


If the student is determined to be a student with a disability, Taking into consideration information from the evaluation conducted by the school district, and information provided by the parents, The school district must provide special education and related services in accordance with PART B of the IDEA, including the disciplinary requirements described above.

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Referral To And Action By Law Enforcement And Judicial Authorities:

34 CFR Section 300.535:

PART B of The IDEA Does Not:

1.) Prohibit an agency from reporting a crime committed by a student with a disability to appropriate authorities; or


2.) Prevent State Law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and State Law to crimes committed by a student with a disability.

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Transmittal Of Records:

If a school district reports a crime committed by a student with a disability, The school district;

1.) Must ensure that copies of the students special education and disciplinary records are transmitted for consideration by the authorities to whom the agency reports the crime; and


2.) May transmit copies of the students special education and disciplinary records only to the extent permitted by the Family Educational Rights and Privacy Act ( FERPA).

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