Iowa Admin. Code r. 281-41.534 - Protections for children not determined eligible for special education and related services
(1)
General. A child who has not been determined to be eligible
for special education and related services under this chapter and who has
engaged in behavior that violated a code of student conduct may assert any of
the protections provided for in this chapter if the public agency had
knowledge, as determined in accordance with subrule 41.534(2), that the child
was a child with a disability before the behavior that precipitated the
disciplinary action occurred.
(2)
Basis of knowledge. A public agency must be deemed to have
knowledge that a child is a child with a disability if before the behavior that
precipitated the disciplinary action occurred any of the following occurred:
a. The parent of the child expressed concern
in writing to supervisory or administrative personnel of the appropriate
educational agency or to a teacher of the child that the child is in need of
special education and related services;
b. The parent of the child requested an
evaluation of the child pursuant to this chapter; or
c. The teacher of the child, or other
personnel of the LEA, expressed specific concerns about a pattern of behavior
demonstrated by the child directly to the director of special education of the
agency or to other supervisory personnel of the agency.
(3)
Exception. A public
agency would not be deemed to have knowledge under subrule 41.534(2) under the
following conditions:
a. The parent of the
child has not allowed an evaluation of the child pursuant to this chapter or
has refused services under Part B of the Act or this chapter; or
b. The child has been evaluated in accordance
with this chapter and determined not to be a child with a disability under Part
B of the Act and this chapter.
(4)
Conditions that apply if no basis
of knowledge.
a.
General. If a public agency does not have knowledge that a child is a
child with a disability, in accordance with subrules 41.534(2) and 41.534(3),
prior to taking disciplinary measures against the child, the child may be
subjected to the disciplinary measures applied to children without disabilities
who engage in comparable behaviors consistent with paragraph
41.534(4)"b."
b.
Request for evaluation.
(1)
If a request is made for an evaluation of a child during the time period in
which the child is subjected to disciplinary measures under rule
281-41.530 (256B, 34CFR300), the
evaluation must be conducted in an expedited manner.
(2) 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.
(3) If the child is
determined to be a child with a disability, taking into consideration
information from the evaluation conducted by the agency and information
provided by the parents, the agency must provide special education and related
services in accordance with Part B of the Act and this chapter, including the
requirements of rules
281-41.530 (256B, 34CFR300) to
281-41.536 (256B, 34CFR300 ) and
Section 612(a)(1)(A) of the Act.
Notes
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