NC Education Code · NC Policy Manual
NC 1504-2.5 Protections for Children Not Yet Eligible for Special Education and Related
Plain English summary
This regulation establishes protections for children not yet formally identified as eligible for special education who face disciplinary action, if the LEA had prior knowledge the child may have a disability. It defines the specific conditions under which an LEA is deemed to have such knowledge, the exceptions to that knowledge standard, and the procedures that apply when no prior knowledge exists, including expedited evaluation requirements.
Key requirements
- A child who has not been determined eligible for special education and who violated a code of student conduct may assert disciplinary protections if the LEA had knowledge the child was a child with a disability before the behavior occurred.
- An LEA must be deemed to have knowledge if 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.
- An LEA must be deemed to have knowledge if the parent requested an evaluation pursuant to NC 1503-1 through NC 1503-3.5.
- An LEA must be deemed to have knowledge if a teacher or other LEA personnel expressed specific concerns about a pattern of behavior directly to the director of special education or other supervisory personnel.
- An LEA must be deemed to have knowledge if the behavior and educational performance of the child clearly and convincingly establishes the need for special education.
- Prior disciplinary infractions shall not, standing alone, constitute clear and convincing evidence.
- An LEA would not be deemed to have knowledge if the parent has not allowed an evaluation pursuant to NC 1503-1 through NC 1503-3.5.
- An LEA would not be deemed to have knowledge if the parent has refused services under these Policies.
- An LEA would not be deemed to have knowledge if the child has been evaluated and determined to not be a child with a disability.
- If the LEA does not have knowledge prior to taking disciplinary measures, the child may be subjected to disciplinary measures applied to children without disabilities who engaged in comparable behaviors.
- If a request for evaluation is made during the time period in which the child is subjected to disciplinary measures, 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 LEA must provide special education and related services in accordance with these Policies, including the requirements of NC 1504-2.1 through NC 1504-2.7.
Affected parties
- Students not yet eligible for special education
- Local Education Agencies (LEAs)
- Parents of children suspected of having disabilities
- Teachers and LEA supervisory personnel
- Directors of special education
- Children with disabilities subject to disciplinary action