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Rights of Students Before IDEAL Eligibility: Guide and Chart

Understand the protections under IDEA 2004 for students not yet eligible for IDEA services in disciplinary actions. Learn when the school district has knowledge of a disability, how parents can express concerns, and the process for evaluation and eligibility determination. Find out the procedures for disciplinary actions in such cases, including expedited evaluations and maintaining the student's placement during the process. Stay informed about the rights and safeguards available to students with disabilities.

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Rights of Students Before IDEAL Eligibility: Guide and Chart

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  1. Protections for Student Not Yet Eligible for IDEA Discipline Chart 5 IDEA Student: Violates Code of ConductIDEA 2004 No later than the date the decision was made to take action, provide parents notice of disciplinary action. A student may assert any of the IDEA protections if the LEA had knowledge that the student is disabled prior to the behavior precipitating disciplinary action. • An LEA shall not be deemed to have knowledge that the student is disabled: • If the parent has not allowed an evaluation to determine eligibility. • Or, if the parent has refused IDEA services. • 3. Or, if the student was determined not to be eligible under IDEA. • An LEA shall be deemed to have knowledge that a student is disabled if prior to the behavior precipitating the disciplinary action: • 1. The parent has expressed concern in writing to the supervisory or administrative personnel, or the teacher of the student that the student is in need of special education and related services. • The parent has requested an evaluation of the student to determine eligibility. [Neither IDEA 2004, nor the federal regulations specify this must be in writing.] • 3. The teacher of the student or other personnel of the LEA have expressed specific concerns about a pattern of behavior demonstrated by the student to the director of special educationor other supervisory personnel. [Neither IDEA 2004, nor the federal regulations specify this must be in writing.] If the LEA does not have knowledge that a student is a student with a disability, disciplinary measures may be applied as for students without disabilities who engaged in comparable behaviors. If a request is made for an evaluation of a student during the time period when the student is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner. Pending the results of the evaluation, the student shall remain in the educational placement determined by school authorities. If the student is determined to be a student with disabilities, considering the evaluation conducted by the LEA and information provided by the parents, the LEA shall provide special education and related services including the disciplinary provisions of IDEA’04. Discipline-5 Effective 7/19/2007

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