Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 40
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44P
D
A
LACEMENT
URING
PPEALS
When, as described above, the parent or school division has filed a request for due process
related to disciplinary matters, the child must (unless the parent and school division agree
otherwise) remain in the interim alternative educational setting pending the decision of the
hearing officer, or until the expiration of the time period of removal as provided for and
described under the heading Authority of School Personnel, whichever occurs first.
P
C
N
Y
E
S
E
R
ROTECTIONS FOR
HILDREN
OT
ET
LIGIBLE FOR
PECIAL
DUCATION AND
ELATED
S
ERVICES
You have the right to expect certain protections for your child who is
disciplined but not yet receiving special education and related services.
General
If a child has not been determined eligible for special education and related services and violates
a code of student conduct, but the school division had knowledge (as determined below) before
the behavior that brought about the disciplinary action occurred, that the child was a child with a
disability, then the child may assert any of the protections described in this notice.
Basis of Knowledge for Disciplinary Matters
A school division must be deemed to have knowledge that a child is a child with a disability if,
before the behavior that brought about the disciplinary action occurred:
1. The parent of the child expressed concern in writing that the child is in need of special
education and related services to supervisory or administrative personnel of the
appropriate educational agency, or a teacher of the child;
2. The parent requested an evaluation related to eligibility for special education and related
services under Part B of the IDEA; or
3. The child’s teacher, or other school division personnel expressed specific concerns about
a pattern of behavior demonstrated by the child directly to the school division’s director
of special education or to other supervisory personnel of the school division.
Exception
A school division would not be deemed to have such knowledge if:
1. The child’s parent has not allowed an evaluation of the child or refused special education
services; or
2. The child has been evaluated and determined to not be a child with a disability under the
IDEA.
Conditions that Apply if There is No Basis of Knowledge
If prior to taking disciplinary measures against the child, a school division does not have
knowledge that a child is a child with a disability, as described above under the sub-headings
37
SS/SE-4 (6/16)
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