Category Archives: Discipline - Safeguards

 7. If a teacher or other school personnel has specific concerns that a child may need special education and related services due to a child’s pattern of behavior, must such concerns be submitted in writing to school officials in order for the public agency to be deemed to have knowledge that the child is a child with a disability?

No. Under 34 CFR §300.534(b)(3), teachers or other local educational agency (LEA) personnel are not required to submit a written statement expressing specific concerns about a pattern of behavior demonstrated by the child in order for the public agency to be deemed to have knowledge that the child is a child with a disability. Although a written statement is not necessary, the teacher of the child or other LEA personnel must express their specific concerns directly to the special education director or other supervisory personnel within the agency.  In addition, State child find policies and procedures may provide guidelines regarding how teachers and other LEA personnel should communicate their specific concerns regarding a child’s pattern of behavior. If the State’s or LEA’s child find or referral procedures do not specify how such communication should occur, the State or LEA is encouraged to change its guidelines to provide a method for communicating direct expressions of specific concerns regarding a child’s pattern of behavior.  71 Federal Register 46727.

From here.

 6. If a removal is for 10 consecutive school days or less and occurs after a student has been removed for 10 school days in that same school year, and the public agency determines, under 34 CFR §300.530(d)(4), that the removal does not constitute a change of placement, must the agency provide written notice to the parent?

No. Under Part B, a public agency’s determination that a short-term removal does not constitute a change of placement is not a proposal or refusal to initiate a change of placement for purposes of determining services under 34 CFR §300.530(d)(4). Therefore, the agency is not required to provide written notice to the parent.

From here.

 5. Under 34 CFR §300.534(b), a public agency is deemed to have knowledge that a child is a child with a disability if a parent expressed in writing a concern that his or her child needs special education and related services. What happens if a parent is unable to express this concern in writing?

The requirement that a parent express his or her concern in writing is taken directly from the IDEA. However, there is nothing in the IDEA or the regulations that would prevent a parent from requesting assistance to communicate his or her concerns in writing. The Department funds Parent Training and Information Centers (PTIs) and Community Parent Resource Centers (CPRCs) to assist parents of students with disabilities. Information about the PTIs and CPRCs is found at http://www.taalliance.org/.

 4. In order to receive the protections for disciplinary purposes in 34 CFR §300.534, parents who are concerned that their child may need special education and related services must first express their concerns in writing. How are parents informed of this requirement?

Neither the IDEA nor the regulations specifically address this issue.  However, in its child find policies and procedures, a State may choose to include ways to provide information to the public regarding IDEA’s protections for disciplinary purposes when a parent has expressed in writing to school personnel concerns regarding the child’s need for special education and related services.  Examples of ways to provide such information include making the information available on the State’s Web site, the LEA’s Web site, or in the State’s Procedural Safeguards Notice or the school’s student handbook.

From here.

 3. Do the discipline provisions apply if the child violates the school’s code of student conduct after a parent revokes consent for special education and related services under §300.300(b)?

No. Under §§ 300.9 and 300.300, parents are permitted to unilaterally withdraw their children from further receipt of special education and related services by revoking their consent for the continued provision of special education and related services to their children.  When a parent revokes consent for special education and related services under §300.300(b), the parent has refused services as described in §300.534(c)(1)(ii); therefore, the public agency is not deemed to have knowledge that the child is a child with a disability and the child will be subject to the same disciplinary procedures and timelines applicable to general education students and not entitled to IDEA’s discipline protections.  It is expected that parents will take into account the possible consequences under the discipline procedures before revoking consent for the provision of special education and related services.  73 Federal Register 73012-73013.

From here.

 2. When a parent consents to the initial provision of some, but not all, of the proposed special education and related services, do the discipline provisions apply if the child violates the school’s code of student conduct?

Yes. When a parent consents to the initial provision of some, but not all, of the proposed special education and related services listed in a child’s initial individualized education program (IEP), the child has been determined eligible for services and is entitled to all the protections of the IDEA.

From here.