When Are LEAs Considered to Be Knowledgeable of a Child Having a Disability?
A Local Educational Agency (LEA) is considered to have knowledge that a child has a disability if, prior to the behavior that led to the disciplinary action, any of the following occurred:
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the parent communicated concerns in writing to the relevant educational agency’s supervisory or administrative staff, or to the child’s teacher, indicating that the child requires special education and related services;
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the parent requested an evaluation to determine the child’s eligibility for special education and related services under IDEA; or
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the child’s teacher or other LEA staff raised specific concerns about a pattern of behavior exhibited by the child directly to the LEA’s director of special education or other supervisory personnel within the LEA.
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