§ 300.534 Protections for children not determined eligible for special education and related services.

Plain English summary

This section governs disciplinary protections for children not yet identified as eligible for special education who engage in conduct violations. A public agency is deemed to 'have knowledge' that a child may have a disability based on prior written parental concern, a parental evaluation request, or staff-expressed concerns about behavioral patterns, triggering IDEA disciplinary protections. If no such knowledge exists, the child may be disciplined as a general education student, though an expedited evaluation must occur if requested during the disciplinary period.

Key requirements

• A child who has not been determined to be eligible for special education and related services under this part and who has engaged in behavior that violated a code of student conduct, may assert any of the protections provided for in this part if the public agency had knowledge that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.
• A public agency 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: (1) the parent expressed concern in writing to supervisory or administrative personnel or a teacher that the child is in need of special education and related services; (2) the parent requested an evaluation pursuant to §§ 300.300 through 300.311; or (3) the teacher or other LEA personnel expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education or other supervisory personnel.
• A public agency would not be deemed to have knowledge if the parent has not allowed an evaluation pursuant to §§ 300.300 through 300.311, has refused services under this part, or the child has been evaluated and determined not to be a child with a disability.
• If a public agency does not have knowledge that a child is a child with a disability prior to taking disciplinary measures, the child may be subjected to the disciplinary measures applied to children without disabilities who engage in comparable behaviors.
• 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 § 300.530, the evaluation must be conducted in an expedited manner.
• 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.
• If the child is determined to be a child with a disability, the agency must provide special education and related services in accordance with this part, including the requirements of §§ 300.530 through 300.536 and section 612(a)(1)(A) of the Act.

Affected parties

• public agencies (LEAs)
• parents of children not yet identified as eligible for special education
• children not yet determined eligible for special education
• teachers and LEA personnel
• directors of special education
• supervisory and administrative personnel

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.534