Washington › WAC 392-172A-05170
WAC 392-172A-05170
WAC 392-172A-05170 is cited in Washington's Notice of Special Education Procedural Safeguards for Students and Their Families (October 2023) under the heading "Protections for Students Not Yet Eligible for Special Education and Related Services". What follows is the notice's own text under that heading, quoted verbatim from the captured source (tools/packets/washington-packet.txt), including the PDF text layer's line-wrap artifacts, which are reproduced rather than corrected. The notice cites the section as printed below. The section's own text, as the Washington State Legislature publishes it in Chapter 392-172A WAC, is not captured here and is listed on the state page as capture pending. All dates on this page are quoted from the source, not a deadline calculation performed for you.
As the notice states it
Heading, as printed: "Protections for Students Not Yet Eligible for Special Education and Related Services"
Citation line, as printed: "34 CFR §300.534; WAC 392-172A-05170"
General
"If your child has not been determined eligible for special education and related services, and violates a code of student conduct, you may assert your child’s procedural protections if it is determined that the district had knowledge that your child should have been evaluated and determined eligible for special education services before the behavior that brought about the disciplinary action occurred."
Basis of Knowledge for Disciplinary Matters
"A district must be deemed to have knowledge that your child is eligible for special education if, before the behavior that brought about the disciplinary action occurred:"
"1. You expressed concern in writing that your child is in need of special education and related services to supervisory or administrative personnel of the school district, or to a teacher of your child;"
"2. You requested an evaluation related to eligibility for special education and related services under Part B of IDEA; or"
"3. Your child’s teacher, or other district personnel, expressed specific concerns about a pattern of behavior demonstrated by your child directly to the district’s director of special education, or to other supervisory personnel of the district."
Exception
"A district would not be deemed to have such knowledge if:"
"1. You did not allow an evaluation of your child or you refused special education services; or"
"2. Your child has been evaluated and determined to not be eligible for special education services. Conditions That Apply if There is No Basis of Knowledge If a district does not have knowledge that your child is eligible for special education, prior to taking disciplinary measures against your child, as described above under the sub-headings Basis of Knowledge for Disciplinary Matters and Exception, your child may be subjected to the disciplinary measures that are applied to students not receiving special education services who engaged in the same types of behaviors. However, if you or the district requests an evaluation of your child during the time period in which he or she is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner. Until the evaluation is completed, your child remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services. If your child is determined to be eligible for special education services, taking into consideration information from the evaluation conducted by the district, and information provided by you, the district must provide special education and related services to your child and follow the disciplinary requirements described above."
On this site
This record is one of 33 built from the sections Washington's notice cites by number. Washington's page assembles the routes, offices, parent centers, and stated timelines from the same notice, and lists every record under its source map.
Previous: WAC 392-172A-05165 · Next: WAC 392-172A-05175
Source
Notice of Special Education Procedural Safeguards for Students and Their Families (PDF), ospi.k12.wa.us; October 2023; retrieved Sep 13, 2026.
Change log
Sep 29, 2026 · Record created. Built by tools/render-citations.py from tools/packets/washington-packet.txt (capture of Sep 13, 2026): one record per section number the notice prints in full as WAC 392-172A-nnnnn; a citation printed as a range makes one record keyed on its first number, titled with the range as printed; a section cited under two headings carries both. Text is quoted, not summarized. Reviewer: Carrie Schluter, reviewed 2026-09-29. Corrections on the record in this log: hello@fieldassembly.net.