The child can NOT claim protections under IDEA!

By refusing the evaluation and/or special education services, the parents gave up their child’s right to claim the discipline protections of IDEA  [ §1415(k)(5)(C) ].  If the parents refused an evaluation, they may now request one, but the child remains in the placement determined by the school until the completion of the evaluation [ §1415(k)(5)(D)(ii) ].

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.