ANSWER

The child can NOT claim protections under IDEA!

The child has already been determined to not be a child with a disability and eligible for special education so the child can not claim the discipline protections provided by IDEA [ §1415(k)(5)(C) ].

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



LIMITATIONS OF THE TOOL:
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.