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1342.12 Companion
July 12, 2017 Page 117
injury” discussed above, then the student may be placed in an AES determined by the CSC for up
to 45 consecutive school days.
Students Not Yet Determined Eligible for Special Education
E4 S14 p 42, 43
If the school had knowledge that the student was a student with a disability before the behavior that
precipitated the disciplinary action occurred, then the student is treated as a student with a disability in
regard to any disciplinary action. The school will be presumed to have knowledge that a student has a
disability if, prior to the incident:
(1) The school receives written notification from the parent that the child was in need of possible
special education and related services;
(2) The student presented an active IEP from another school;
(3) The parent of the student requested an evaluation of the student; or
(4) School personnel expressed specific concerns about a pattern of behavior demonstrated by the
student directly to the principal or assistant principal, the district special education ISS, or to
another teacher of the student.
The above conditions and protections will NOT apply and the school will NOT be deemed to have
knowledge that a student has a disability when:
(1) The parent of the student has not allowed an evaluation of the student or the parent has
revoked consent, in writing, to the delivery of all the student’s special education and related
services; or
(2) The student has been evaluated and determined not to be a student with a disability.
The conditions that apply to discipline when there is no basis of knowledge that the student has a
disability are:
(1) If a school has no basis for knowledge that a student has a disability prior to taking disciplinary
measures against the student, the student may be subjected to the disciplinary measures
applied to non-disabled students who engage in comparable behaviors.
(2) If a request is made for an evaluation of a student during the time period when the student is
subjected to disciplinary measures:
(a) The evaluation must be expedited.
(b) Until the evaluation is completed, the student remains in his or her then current
educational placement, which can include suspension or expulsion without educational
services.
If the student is determined to have a disability, taking into consideration information from the
evaluation conducted by the agency and information provided by the parents, the school must provide
special education and related services in accordance with an IEP.