Policy 7314

STUDENT CONDUCT
7314 STUDENTS PRESUMED TO HAVE A DISABILITY FOR DISCIPLINE PURPOSES 


The parent of a student who has violated any rule or the District Code of Conduct and who was not identified as a student with a disability at the time of the behavior, may assert several protections provided for under the Individuals with Disabilities Education Act (IDEA) and State regulations if the District is deemed to have had knowledge that the student was a student with a disability before the behavior occurred.

Basis of Knowledge


The District will be deemed to have had knowledge that the student had a disability if, prior to the time the behavior occurred:

a) The parent of the student expressed concern in writing to supervisory or administrative personnel, or to a teacher of the student, that the student needs special education and related services. Expressions of concern may be oral if the parent does not know how to write or has a disability that prevents a written statement;
b) The parent of the student requested an evaluation of the student in writing; or
c) A teacher of the student, or other District personnel, expressed specific concerns about a pattern of behavior demonstrated by the student, directly to the Director of Special Education or to other supervisory personnel.

Exception

A student is not a student presumed to have a disability for discipline purposes if, as a result of receiving the information specified above:

a) The parent of the student did not allow an evaluation of the student in accordance with law and/or regulations;
b) The parent of the student refused services under law and/or regulations; or
c) The student was evaluated and it was determined that the student is not a student with a disability.

Responsibility for Determining Whether a Student is a Student Presumed to Have a Disability

If it is claimed by the parent of the student or by District personnel that the District had a basis for knowledge, in accordance with law and/or regulation, that the student was a student with a disability prior to the time the behavior subject to disciplinary action occurred, it will be the responsibility of the Superintendent, building principal, or other school official imposing the suspension or removal to determine whether the student is a student presumed to have a disability.

Conditions That Apply if There is No Basis of Knowledge

If it is determined that there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other nondisabled student who engaged in comparable behaviors.

However, if a request for an individual evaluation is made during the time period in which the student is subjected to a disciplinary removal, an expedited evaluation will be conducted in accordance with law and/or regulations. Pending the results of the evaluation, the student will remain in the educational placement determined by school authorities.

If the student is determined to be a student with a disability, taking into consideration information from the evaluation and information provided by the parents, the District will provide special education and related services in accordance with law and/or regulations.


Policy References:
Individuals with Disabilities Education Act (IDEA), 20 USC § 1400 et seq.
34 CFR Part 300
8 NYCRR § 201.5

NOTE:  Refer also to
Policy 7313 - Suspension of Students




Adopted: 6/22/99
Revised: 9/6/22

Policy 7314