DISCIPLINE -Statute

8. Revises the standard for a basis of knowledge for children not yet eligible for special education and related services.
An LEA shall be deemed to have knowledge that a child is a child with a disability if, before the behavior that precipitated the disciplinary action occurred:
  • The parent of the child expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services;
  • The parent of the child has requested an evaluation of the child pursuant to Section 614(a)(1)(B); or
  • The teacher of the child, or other personnel of the LEA, has expressed specific concerns about a pattern of behavior demonstrated by the child, directly to the director of special education of such agency or to other supervisory personnel of the agency.
[615(k)(5)(B)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why is it important for IDEA 2004 to clarify the standards for prior knowledge of a disability?


  2. Using a situation from past experience that involved knowledge of a prior concern of behavioral issues, describe how that situation might have been handled more proactively?


  3. What can be shared from this experience to help others learn?


Application Questions

  1. What new knowledge and skills might be necessary to properly implement and monitor this provision?


  2. What communication processes would be helpful to facilitate implementation of this provision?


  3. What knowledge, skills, and attitudes might be helpful for all stakeholders to understand and implement this provision?


  4. What implications does this provision have for screening and assessment processes in school?


    These questions were developed by the following stakeholders working together:


    Role: Related service provider
    Location: Illinois

    Role: Teacher
    Location: Washington, DC

    Role: Administrator
    Location: Maryland

    Role: State education agency
    Location: Michigan

    Role: School Psychologist
    Location: Alaska