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U.S. Department of Education: Promoting Educational Excellence for all Americans
Statute: TITLE I / B / 615 / k / 5 / A

(A) In general.--A child who has not been determined to be eligible for special education and related services under this part and who has engaged in behavior that violates a code of student conduct, may assert any of the protections provided for in this part if the local educational agency had knowledge (as determined in accordance with this paragraph) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.