Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 41
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44Basis of Knowledge for Disciplinary Matters and Exception, the child may be subjected to the
disciplinary measures that are applied to children without disabilities who engaged in
comparable behaviors. However, if a request is made for an evaluation of a child during the time
period in which the child is subjected to disciplinary measures, the evaluation must be conducted
in an expedited manner.
Until the evaluation is completed, the child remains in the educational placement determined by
school authorities, which can include suspension or expulsion without educational services.
If the child is determined to be a child with a disability, taking into consideration information
from the evaluation conducted by the school division, and information provided by the parents,
the school division must provide special education and related services in accordance with the
IDEA, including the disciplinary requirements described above.
R
A
L
E
J
A
EFERRAL TO AND
CTION BY
AW
NFORCEMENT AND
UDICIAL
UTHORITIES
In some instances, the police or courts may be able to get information about
your child from your child's school division.
Part B of the IDEA does not:
1. Prohibit an agency from reporting a crime committed by a child with a disability to
appropriate authorities; or
2. Prevent Virginia law enforcement and judicial authorities from exercising their
responsibilities with regard to the application of Federal and State law to crimes
committed by a child with a disability.
Transmittal of Records
If a school division reports a crime committed by a child with a disability, the school division:
1. Must ensure that copies of the child’s special education and disciplinary records are
transmitted for consideration by the authorities to whom the agency reports the crime;
and
2. May transmit copies of the child’s special education and disciplinary records only to the
extent permitted by the Family Educational Rights and Privacy Act (FERPA).
REQUIREMENTS FOR UNILATERAL PLACEMENT BY PARENTS
OF CHILDREN IN PRIVATE SCHOOLS AT PUBLIC EXPENSE
G
ENERAL
You may have the right to certain services when you independently place your
child in a private school.
38
SS/SE-4 (6/16)
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