As a 10th grade student a CCC for a student met and determined the student had satisfied the goals of the IEP, and therefore the student should be dismissed from special education. The student completed his 11th grade year successfully. In February of his Senior year, the student was arrested on a felony hate crime charge related to a racist messages left on a classmate’s voice mail. The school administration and the parents agreed the student would not be permitted on the school property or to participate at school sponsored events. The school did provide homebound instruction for the student.

The parent had 3 occasions to inform the school of the student’s disability, but did not do so. The school informed the parent of it’s intent to expel the student and the parent requested a due process hearing. The parents allege that student was improperly exited from special education and must be considered eligible for special education services pursuant to the stay-put provision of the IDEA 04.

Did the school have prior knowledge that the student was a student with a disability and therefore the stay-put provision should be applied?