72-994. School district knowledge that child is child with disability prior to determination, when deemed; subjection of child to disciplinary action, when; evaluation and placement of child.
72-994
72-994. School district knowledge that child ischild with disability prior to determination, when deemed; subjection of childto disciplinary action, when; evaluation and placement of child.(a) A child who has not been determined to be eligible forspecialeducation and related services under this act and who has engaged in behaviorthat violated anyrule or code of conduct of the school district may assert any of theprotectionsprovided for in thisactif the schooldistrict had knowledge, as determined in accordance with this section, that thechild was a child with a disability before the behavior that precipitated thedisciplinary action occurred.
(b) A school district shall be deemed to have knowledge that a child is achild with adisability if before the behavior that precipitated the disciplinary actionoccurred:
(1) The parent of the child has expressed concern, in writing,to supervisory or administrative personnel of theappropriate educational agency or to a teacher of the child, that thechildis in need of specialeducation and related services;
(2) the parent of the child previously has requested an evaluation of thechild; or
(3) the teacher of the child, or other personnel of theschool district,previously hasexpressedspecific concerns about a pattern of behavior demonstrated by the childdirectly tothedirector of specialeducation of such school district or to other supervisory personnel ofthe district.
(c) A school district shall not be deemed to have knowledge that a childis a child with a disability if the parent of the child has not allowed anevaluation of the child or has refused services under this law, or the childhas been evaluated but it was determinedthat the child was not a child with a disability.
(d) (1) Subject to provision (2) of this subsection, if aschool districtdoesnot haveknowledge that a child is a child with a disability prior to takingdisciplinary action against thechild, the child may be subjected to the same disciplinary action as is appliedto children withoutdisabilities who engage in comparable behaviors.
(2) If a request is made for an evaluation of a child during the time periodin which thechild is subjected to disciplinary action described by this act, an evaluationshall be conducted inan expedited manner. If the child is determined to be a child with adisability, taking intoconsideration information from the evaluation conducted by the school districtand informationprovided by the parents, the school district shall provide special educationand related services inaccordance with the provisions of this act, except that, pending the results ofthe evaluation, thechild shall remain in the educational placement determined by schoolauthorities, which may belong-term suspension or expulsion from school.
History: L. 1999, ch. 116, § 33;L. 2005, ch. 171, § 20; July 1.