PROTECTIONS FOR CHILDREN NOT YET ELIGIBLE FOR SPECIAL EDUCATION AND RELATED SERVICES

There are times when a child not eligible for special education may claim protection under special education law.  A child can be protected if, before the child broke the rules-

• the parent told the school in writing the child needs special education.  (If the parent does not know how to write, the parent can tell the school orally.  If the parent cannot write because of a disability, the parent can tell the school orally.);
• the child's behavior or performance shows a need for special education;
• the parent asked the school to evaluate the child; or
• the child's teacher or other school staff referred the child for evaluation.

The child may not claim the protection if then the school-

• evaluated the child;
• found the child is not eligible for special education; and
• gave the parent proper notice of this.

If the child is not protected, the school can discipline the child the same way it would any child without a disability.  If someone askes the school to evaluate a child during a disciplinary removal, the school must evaluate without delay.  Meanwhile, the child stays in the placement decided by the school.  This includes a child suspended or expelled without sevices.  The school must consider the evaluation and information you give them.  If the child is eligible, the school must give the special education the law requires.