The child can not claim protections under IDEA!

The child has not been found eligible for special education and the school did not have any basis for knowing that the child is or might be a child with a disability [ §1415(k)(5)(A) ].


--the child may be subjected to the same disciplinary measures applied to children without disabilities who engaged in similar behaviors [ §1415(k)(5)(D)(i) ].

--the parents may still request an evaluation, which must be expedited.   But until the evaluation is complete, the child remains in the placement determined by the school [ §1415(k)(5)(D)(ii) ].  If, when complete, the evaluation shows that the child does have a disability and is eligible for special education, the child must be treated from that moment on as a child with a disability with all of the protections provided by IDEA.

You are done with the Compliance Tool.  None of the other Stages apply!

The tool currently only includes the federal requirements. Federal requirements apply in all states and states may add on (but not subtract) from the Federal laws. The tool doesn't currently incorporate court decisions or other authoritative interpretation of the law that can clarify issues not explicitly clear from the statute or regulations alone.

Copyright 2008, Matthew J. Stowe. All rights reserved.