Sec. 1415(k)(5)(A) - Protections for Children Not Yet Eligible

(A) In general.

A child who has not been determined to be eligible for special education and

related services under this part and who has engaged in behavior that violates

a code of student conduct, may assert any of the protections provided for in

this part if the local educational agency had knowledge (as determined in

accordance with this paragraph) that the child was a child with a disability

before the behavior that precipitated the disciplinary action occurred.

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.