On the Call: MDR Unidentified Student and Request for Evaluation

Ennis Britton's On the Call

Jan 8 2024 • 21 mins

Just when you think your student discipline process is a slam dunk, someone throws a buzzer-beater at the very last second! Jeremy and Erin discuss the laws surrounding student discipline when a child has not yet been found eligible for an MDR or the district had no prior knowledge that the child has a disability but the parents argue otherwise. The discussion includes a 2023 case from the Sixth Circuit in Ohio that found the district acted reasonably in conducting special education services after the expulsion.  They discuss practical tips, including ensuring your hearing officer is educated and informed on the special education process and thoroughly documenting the request, discussion and decision, that will help you and your team take home the "Good Sportsmanship Award".