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PROCEDURAL SAFEGUARDS NOTICE

3.

Exception

A LEA would not be deemed to have such knowledge if:

a.

The child’s parent has not allowed an evaluation of the child or refused special education services; or

b.

The child has been evaluated and determined to not be a child with a disability under Part B of the IDEA.

4.

Conditions that apply if there is no basis of knowledge

If prior to taking disciplinary measures against the child, a LEA does not have knowledge that a child is a child with a disability, as described above under the sub-headings Basis of knowledge for disciplinary matters and Exception, the child may be subjected to the disciplinary measures that are applied to children without disabilities who engaged in comparable behaviors.

However, if a request is made for an evaluation of a child 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, taking into consideration information from the evaluation conducted by the LEA, and information provided by the parents, the LEA must provide special education and related services in accordance with Part B of the IDEA, including the disciplinary requirements described above.

G.

REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND JUDICIAL AUTHORITIES (34 CFR §300.535)

1.

The state and federal regulations do not:

a.

Prohibit an agency from reporting a crime committed by a child with a disability to appropriate authorities; or

b.

Prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.

Subsequent to a referral to law enforcement, an updated functional behavior assessment and positive behavior support plan are required.

2.

Transmittal of records

If a LEA reports a crime committed by a child with a disability, the LEA:

a.

Must ensure that copies of the child’s special education and disciplinary records are transmitted for consideration by the authorities to whom the agency reports the crime; and

b.

May transmit copies of the child’s special education and disciplinary records only to the extent permitted by FERPA.

24July 2008 Revisions

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