Chapter 8.6: Protections for Children Not Yet Eligible for Special Education and Related Services

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    SPP 4:
    Rates of suspension/expulsion:
    A: Percent of districts identified by the State as having a significant discrepancy in the rate of suspensions and expulsions of children with disabilities for greater than 10 days in a school year; and
    B: Percent of districts identified by the State as having a significant discrepancy in the rates of suspensions and expulsions of greater than 10 days in a school year of children with disabilities by race and ethnicity. (20.U.S.C. 1416 (a)(3)(A); 1412(a)(22)) (Significant discrepancies in discipline rates are those in which the rates of suspensions and expulsions for children with disabilities exceed those for typical children by at least one percent.)

    Intent:

    To ensure that school districts maintain protection for children under the Individuals with Disabilities Education Act (IDEA) while determining if the child was a child with a disability before the behavior that precipitated the disciplinary actions occurred.

    Timelines:

    • Expedited evaluation: If a request for an evaluation is made during the time the child is removed for disciplinary reasons, the evaluation must be conducted in an expedited manner, which means that an evaluation should be conducted in a shorter period of time than a typical evaluation conducted under IDEA, which must be conducted within 60 days of receiving parental consent for the evaluation.

    REQUIREMENT

    3301-51-05 
    (K) Conflict resolution

    (24) Protections for children not determined eligible for special education and related services
    (a) General
    A child who has not been determined to be eligible for special education and related services under this chapter of the Administrative Code and who has engaged in behavior that violated a code of student conduct may assert any of the protections provided for in this rule if the school district had knowledge (as determined in accordance with paragraph (K)(24)(b) of this rule) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.

    (b) Basis of knowledge
    A school district must be deemed to have knowledge that a child is a child with a disability if before the behavior that precipitated the disciplinary action occurred:

    (i) The parent of the child expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services;
    (ii) The parent of the child requested an evaluation of the child pursuant to rule 3301-51-06 of the Administrative Code; or
    (iii) The teacher of the child, or other personnel of the school district, expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education of the school district or to other supervisory personnel of the school district.

    (c) Exception 
    A school district would not be deemed to have knowledge under paragraph (K)(24)(b) of this rule if: 
    (i) The parent of the child:

    (a) Has not allowed an evaluation of the child pursuant to rule 3301-51-06 of the Administrative Code; or
    (b) Has refused services under this chapter of the Administrative Code; or

    (ii) The child has been evaluated in accordance with rule 3301-51-06 if the Administrative Code and determined to not be a child with a disability.

    (d) Conditions that apply if no basis of knowledge

    (i) If a school district does not have knowledge that a child is a child with a disability (in accordance with paragraphs (K)(24)(b) and (K)(24)(c) of this rule) prior to taking disciplinary measures against the child, the child may be subjected to the disciplinary measures applied to children without disabilities who engage in comparable behaviors consistent with paragraph (K)(24)(d)(ii) of this rule.
    (ii) 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 (K)(20) of this rule, the evaluation must be completed in an expedited manner.
    (iii) Until the evaluation is completed, the child remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.
    (iv) If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the school district of residence and information provided by the parents, the school district of residence must provide special education and related services in accordance with this chapter of the Administrative Code, including the requirements of paragraphs (K)(20) to (K)(26) of this rule and Section 612(a)(1)(A) of the IDEA.

    GUIDANCE

     

    Protections for children not yet eligible

    • A child who has not been determined eligible for special education and related servies and who violated a school code of conduct may assert the IDEA protections if the school district is deemed to have had knowledge that this is a child with a suspected disability before the behavior that is subject to a violation of a code of school conduct occurred.
    • The school district whose Child Find or referral processes do not permit teachers to express specific concerns directly to the director of special education or to other supervisory personnel of the agency are encouraged to change these processes to meet this requirement.

    Basis of knowledge: deemed to have knowledge

    • A school district is deemed to have knowledge if:
      • The parents expressed concern in writing to supervisory or administrative personnel or a teacher of the child in the school district that the child is in need of special education and related services. This also applies if the parents express concern verbally if the parents are unable to write or have a disability and are unable to express the concern in writing;
      • The parents requested an evaluation of the child; or
      • The child's teacher or other school district personnel expressed specific concerns about a pattern of behavior demonstrated by the child to the director of special education or directly to other supervisory personnel of the school district.

    Basis of knowledge: deemed not to have knowledge

    • A school district would be deemed to not have knowledge if:
      • The parents have not allowed an evaluation of the child to take place;
      • The parents have refused special education services; or
      • The child had been previously evaluated and was determined to not be a child with a disability.

    Conditions that apply if there is no basis of knowledge

    • If a school district determines that it does not have knowledge that a child is a child with a disability that requires special education services before taking disciplinary measures against the child, the child may be subjected to the same disciplinary measures applied to children without disabilities.
    • If a request is made for an evaluation during the time period in which the child is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner.

    Expedited evaluation

    • The expedited evaluation must be conducted in a shorter period of time than a typical evaluation and an evaluation under IDEA must be conducted within 60 days of receiving parental consent for the evaluation.
    • Until the evaluation is completed, the child remains in the educational placement determined by school personnel, which can include suspension and expulsion. If the child is determined to be a child with a disability, the school district shall provide special education and related services.

     

Last Modified: 7/18/2013 10:52:39 AM