Sec. 1415(k)(5)(D)(ii) - Protections for children not yet eligible

(D) Conditions that apply if no basis of knowledge.

(ii) Limitations.

If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures under this subsection, the evaluation shall be conducted in an expedited manner. If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the agency and information provided by the parents, the agency shall provide special education and related services in accordance with this part, except that, pending the results of the evaluation, the child shall remain in the educational placement determined by school authorities.

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