EXPULSION OF STUDENTS NOT YET IDENTIFIED AS ELIGIBLE FOR SPECIAL EDUCATION

EXPULSION OF STUDENTS NOT YET IDENTIFIED AS ELIGIBLE FOR SPECIAL EDUCATION

ag5610AAdopted March 1, 2003Revised September 9, 2025

5610A - EXPULSION OF STUDENTS NOT YET IDENTIFIED AS ELIGIBLE FOR SPECIAL EDUCATION

School Corporation requests expulsion

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Student claims disability (not previously identified) and that school had knowledge

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School is deemed to have knowledge if the:

  1. parent has expressed concern in writing (unless the parent is illiterate in English or has a disability that prevents a written statement) to licensed school personnel that the student is in need of special education and related services; or
  2. parent/school has requested an evaluation of the student; or
  3. student's teacher or other school personnel has expressed specific concern about a pattern of behavior demonstrated by the student directly to school supervisory personnel.

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Student may exercise all Article 7 rights relative to expulsion, beginning with the right to an evaluation. School must hold a case conference to conduct a manifestation determination prior to proceeding with expulsion. This case conference must be held within ten (10) school days of removal, even if the initial educational evaluation of the student has not been completed.

However, the school is deemed not to have knowledge if the:

  1. parent has not allowed an evaluation; or
  2. parent has refused services; or
  3. school conducted an evaluation, determined the student was not eligible, and provided prior written notice of its determination to parent; or
  4. parent has revoked consent for special education and related services pursuant to 511 IAC 7-42-15.

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If the school does not have knowledge, the student may be subjected to the same disciplinary measures as those applied to students without disabilities who have engaged in comparable behaviors, including expulsion.

If a request for evaluation is made during the expulsion period, the school must conduct an expedited evaluation (i.e., it must be completed and a case conference held to determine eligibility within twenty (20) instructional days from the school's receipt of the written parent consent to conduct the evaluation).

An expedited evaluation is performed while the student stays in the educational placement determined by school authorities, which may include suspension or expulsion without educational services.

Revised 8/11/15

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