Disciplinary Protections for Children Who Have Been Referred for a Special Education Evaluation

If a child engages in behavior that breaches the school's code of conduct before a decision is made regarding their eligibility for special education and related services, and the Local Education Agency (LEA) is considered to be aware that the child has a disability, the child is entitled to all the protections provided by the Individuals with Disabilities Education Act (IDEA), unless a specific exception applies. Generally, once the child is officially referred for an evaluation under IDEA, the LEA will be regarded as having knowledge that the child is a child with a disability concerning IDEA’s disciplinary rules. However, the LEA is not considered to have knowledge that the child has a disability if the parent has not permitted the LEA to conduct an evaluation, if the parent has declined special education and related services, or if the child has been evaluated and found not to have a disability under IDEA. In these cases, neither the child nor the parent can claim any of the disciplinary protections available under IDEA, and the LEA may apply the same measures as would be used for children without disabilities who engage in similar behavior.

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law matters in New York as well.

If you have any questions or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.