If a school district does not know that a student has a disability, they can discipline them the same way as a student without disabilities. However, if the school district should have known that the student had a disability, then it must apply all the rules relating to discipline of students with disabilities, even if the student is not yet eligible for special education.
The school should have known the student had a disability if any of the following happened before the behavior:
- The parent of the student wrote a letter to someone at the school and said that the student needs special education
- The parent of the student asked for an evaluation of the student; or
- The student’s teacher or other school district employee told the Director of Special Education or other supervisor about the student’s pattern of behavior.