ANSWER

The child can claim protections under IDEA!

Since the school had a basis for knowing that the child is or might be a child with a disability before the behavior occurred, the child can claim the discipline protections provided by the act. [ §1415(k)(5)(B) ]

Continue to: Type of Conduct.


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.