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Part of the equal education library, sponsored by Greenberg Traurig.
Sometimes a school district does not know that a student has a disability. In this case, it can discipline them the same way as other students.
The rules are different if the school district knows or should know about a student's disability. This is true even if the student is not yet in special education. If the school should have known that the student has a disability, it must apply different rules. The school can only discipline the student the same as it disciplines other students with disabilities.
The school should have known the disability if any of the following had happened:
- The student's parent wrote a letter to someone at the school. The letter said that the student needs special education,
- The student's parent asked for an assessment of the student; or
- A teacher or other school employee noted the student’s pattern of behavior. They informed the Director of Special Education or other supervisor about it.
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Worried about doing this on your own? You may be able to get free legal help.
Part of the equal education library, sponsored by Greenberg Traurig.
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