Students Not Yet Eligible
(Students Presumed)
Basis of knowledge
Parent expressed concern to supervisory or administrative personnel or teacher
Teacher or other personnel of LEA expressed specific concerns about a pattern of behavior directly to director of special education or other supervisory personnel
Exception - parent did not allow evaluation of child or has refused services or child was evaluated and determined ineligible
Speaker Notes:
Section 616(k)(5)
The basis of knowledge to determine if the LEA had knowledge that a student was a student with a disability prior to the behavior that resulted in the disciplinary action has been amended as follows:
The expression of concern by a parent must have been made to supervisory or administrative personnel or the student's teacher.
The teacher or other school personnel has expressed specific concerns about a pattern of behavior and such concerns must have been made directly to the director of special education or other supervisory personnel.
A student is not presumed to have a disability if:
the parent has not allowed an evaluation of his or her child;
the parent refused special education services; or
the child was evaluated and determined ineligible for special education services.