(1) A student 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 school district had knowledge as determined in accordance with
subsection (2) of this section that the student was a student eligible for
special education services before the behavior that precipitated the
disciplinary action occurred.
Basis of knowledge. A school district must be deemed to have knowledge that a
student is eligible for special education services if before the behavior that
precipitated the disciplinary action occurred:
(a) The parent of the student expressed
concern in writing to supervisory or administrative personnel of the
appropriate educational agency, or a teacher of the student, that the student
is in need of special education and related services;
The parent of the student requested an
evaluation of the student pursuant to WAC
(c) The teacher of the student,
or other personnel of the school district, expressed specific concerns about a
pattern of behavior demonstrated by the student directly to the director of
special education or to other supervisory personnel of the school
district would not be deemed to have knowledge under subsection (2) of this
The parent of the student:
(ii) Has refused services under
this chapter; or
student has been evaluated in accordance with WAC
and determined to not be eligible for special education and related services
under this part.
(a) If a school district does not have
knowledge that a student is eligible for special education services prior to
taking disciplinary measures against the student, the student may be
disciplined using the same disciplinary measures applied to students without
disabilities who engage in comparable behaviors consistent with (b) of this
If a request is made for an evaluation of
a student during the time period in which the student is subjected to
disciplinary measures under WAC
the evaluation must be conducted in an expedited manner.
(ii) Until the evaluation is completed, the
student remains in the educational placement determined by school authorities,
which can include suspension or expulsion.
(iii) If the student is determined to be
eligible for special education services, taking into consideration information
from the evaluation conducted by the school district and information provided
by the parents, the agency must provide special education and related services
in accordance with this chapter and follow the discipline requirements,
including the provision of a free appropriate public education for students
suspended or expelled from school.
Wash. Admin. Code §
17-23-054, Filed 11/9/2017, effective
21-19-065, Filed 9/14/2021, effective
28A.155.090 and 34 C.F.R. Part 300.
09-20-053, § 392-172A-05170, filed 10/1/09, effective 11/1/09. Statutory
28A.155.090(7) and 42 U.S.C.
1400 et. seq. 07-14-078, § 392-172A-05170, filed 6/29/07, effective