Page 5 of 5
By Candace Cortiella, The Advocacy Institute
Under certain circumstances, the protections available to a student with a disability who is already eligible for special education services may also be available to a student who does not have an IEP in effect. These circumstances may apply to any student:
Certain exceptions apply to the above circumstances. They include:
If a request is made to evaluate a student during the time period of the disciplinary action, the school must complete the evaluation as quickly as possible. During the evaluation, the student remains in the interim alternative educational setting.
Provisions in IDEA 2004 allow schools to provide early intervening services to students who are considered "at risk." At-risk students are those who show a need for additional academic or behavioral support to succeed in general education, but who are not identified as needing special education. In addition, IDEA 2004 allows schools to use a "response-to-intervention" (RTI) process as part of its procedures for identifying students as having specific learning disabilities and needing special education. A child in either the "at risk" or "RTI" circumstances may not be considered to possibly need special education services unless at least one of the first three bulleted conditions in the section above has been met.
IDEA's provisions regarding the discipline of students with disabilities are complex and often confusing. If your child becomes the focus of a disciplinary action, you should seek information and guidance from expert resources such as your state's Parent Training and Information Center (PTIC).
Sign up for our newsletter and we'll send you more
insights to help you help your child succeed.
Thank you! You will begin to receive newsletters from us shortly.
Great work! Only one more step. Now we just need you to verify your email address. Please click on the link in the email we just sent you to complete your registration.
Great work! Only one more step. Now we just need you to verify your email address. Please click on the link in the email we just sent you to submit your review.
Please click on the link in the verification email we just sent you to complete your change of email address.
Whoops! It looks like we still need to verify your email. To do so, please click on the link in the email we sent you. Can't find the e-mail? Click the button below and we'll send you a new one.
Thanks for registering. Welcome to GreatSchools, the largest online community committed to improving educational outcomes through parental involvement.
Thanks for verifying your updated email address.
Oops! You haven't verified your email address yet. To do so, please click on the link in the email we sent you. Can't find the email? Click the button below to receive a new one.
Oops! That email verification link has expired. Please click the button below to receive a new one.
Create an account to submit your answers.
Sign in with an existing GreatSchools account or using Facebook:
Your review has been posted to GreatSchools.
Share with friends! Post your opinion of on Facebook.
Welcome to GreatSchools!
For principals and school officials, we offer a special Enhanced School Profile (ESP) which allows you to update and add information about your school, as well as respond to reviews. If you are a school official, click Continue to start.
Please note that it can take up to 48 hours for your comment to be posted to our site. While you're here, we'd like to invite you to fill out a survey on your school's programs, activities, and extracurriculars. It only takes a few minutes and will help parents get a full picture of your school.
Get started now! You have successfully registered and can now start updating your Official School Profile. The information you provide is extremely valuable in helping parents and students learn more about your school, so thanks for taking the time!
Thank you for registering as a school leader. We just need to verify your email address. We've sent you an email - please click on the link in that message to get started editing your school's information!
Thanks! We just sent you an email – please click on the link in the email to post your answers.
Get timely updates for , including performance data and recently posted user reviews.