School Discipline, Suspensions & Expulsions

Is Your Child With an IEP Facing Suspension or Expulsion?
 

When a child with a disability gets into trouble at school, parents may suddenly find themselves dealing with school suspension, expulsion, manifestation determination meetings, alternative school placement, disciplinary hearings, or other serious consequences.

If your child has an IEP or Section 504 Plan, federal law may provide important protections when the school disciplines your child.
 

We help parents understand and protect their child's special education rights when facing school discipline.

We assist families with:

• School suspensions

• Proposed expulsions

• Manifestation Determination Reviews (MDRs)

• Disciplinary changes of placement

• Alternative school placements

• Interim Alternative Educational Settings (IAES)

• Behavior Intervention Plans (BIPs)

• Functional Behavioral Assessments (FBAs)

• IDEA disciplinary protections

• Section 504 disciplinary protections

• Due process disputes involving school discipline

• IEP meetings following behavioral incidents

Was Your Child Suspended From School?

A suspension can be much more than a disciplinary problem for a student receiving special education.
 

The Individuals with Disabilities Education Act (IDEA) contains special rules governing the discipline of eligible students with disabilities.
 

Parents should not automatically assume that a school can discipline a student with an IEP in exactly the same manner as a student who does not have a disability.
 

The circumstances matter.
 

Questions may include:

• How many school days has your child already been removed?

• Do repeated suspensions constitute a pattern of removals?

• Has there been a disciplinary change of placement?

• Is a Manifestation Determination Review required?

• Was the behavior caused by, or substantially related to, the child's disability?

• Was the behavior the direct result of the school district's failure to implement the IEP?

• Is the student still entitled to educational services during the removal?

• Does the child's behavior demonstrate a need for an FBA or changes to the BIP?

• Is the proposed alternative placement appropriate?
   

These questions can become particularly important when a student has experienced multiple suspensions during the same school year.

What Is a Manifestation Determination Review?
 

A Manifestation Determination Review, commonly called an MDR or manifestation meeting, is an important IDEA protection for eligible students with disabilities when certain disciplinary removals constitute a change of placement.
 

The manifestation determination considers two critical questions.

1. Was the conduct caused by, or did it have a direct and substantial relationship to, the child's disability?
 

A student's disability can affect behavior in complicated ways. The analysis should not necessarily be reduced to the student's eligibility label alone.
 

Relevant information may include the child's IEP, evaluations, behavior data, disability-related needs, teacher observations, disciplinary history and information supplied by the parent.

2. Was the conduct the direct result of the school district's failure to implement the IEP?
 

This question is sometimes overlooked.
 

If the school failed to provide required services, accommodations, behavioral supports, supervision or other provisions contained in the student's IEP, that failure may be important to the manifestation determination.

What Happens If the Behavior Is a Manifestation?
 

When the conduct is determined to be a manifestation of the child's disability, IDEA generally provides protections concerning the student's placement and behavioral needs, subject to important statutory exceptions.
 

The IEP Team may also need to address the behavior through a Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP) or review and modify an existing behavioral plan.

The purpose should not simply be determining how to punish the child.

The team should be asking:
 

Why is this behavior occurring, and what special education, behavioral services, supports and interventions does this child need?
 

What Happens If the School Says It Was NOT a Manifestation?
 

A finding that behavior was not a manifestation of the student's disability can have serious consequences.

The school may be able to apply disciplinary procedures that would apply to students without disabilities, although IDEA continues to provide eligible students with important educational protections.

Parents who disagree with a manifestation determination or disciplinary placement may have procedural rights available under IDEA, including the right to challenge certain decisions through an expedited due process hearing.
 

Time can therefore be extremely important.
 

Can a Student With an IEP Be Expelled?

Having an IEP does not mean that a student can never be suspended or disciplined.

However, schools must comply with the special education laws that apply to disciplinary removals of students with disabilities.

A proposed expulsion of a student with an IEP should therefore cause parents to carefully examine whether the school has complied with IDEA's disciplinary procedures and whether the student's disability and educational program have been properly considered.

What About Weapons, Drugs or Serious Bodily Injury?

IDEA contains special provisions involving certain incidents concerning weapons, illegal drugs, controlled substances and serious bodily injury.
 

Under specified circumstances, a school may place a student in an Interim Alternative Educational Setting (IAES) for up to 45 school days regardless of the manifestation determination.

These cases can become legally and factually complicated very quickly.
 

Parents should understand exactly what the school is alleging, what evidence supports the allegation, which IDEA provision the school is relying upon, and what educational services and placement are being proposed.

The School Says, "It's in the Code of Conduct."
 

A school district's student code of conduct is important—but it does not replace federal special education law.
 

Students with disabilities are generally subject to school rules. At the same time, school districts must comply with applicable requirements of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act.
 

The analysis therefore should not end with:

"Your child violated the Code of Conduct."
 

For a student with a disability, there may be additional questions about disability, manifestation, placement, services, IEP implementation and behavioral supports.
 

Functional Behavioral Assessments and Behavior Intervention Plans
 

Disciplinary problems are often connected to unmet behavioral needs.
 

A Functional Behavioral Assessment (FBA) is intended to help identify the function or purpose of a student's behavior.
 

A Behavior Intervention Plan (BIP) should use that information to develop appropriate strategies, interventions and supports.
 

Parents may want to examine whether:

• An FBA has been conducted.

• The FBA adequately identifies the function of the behavior.

• The BIP addresses the behaviors actually occurring.

• Staff are implementing the BIP consistently.

• Behavioral data are being collected.

• The student's environment contributes to the behavior.

• Positive behavioral interventions and supports are sufficient.

• The IEP provides adequate behavioral services.

• The student's placement can implement the behavioral program.
   

Repeatedly suspending a student does not necessarily address the underlying disability-related behavioral needs.
 

Is the School Repeatedly Sending Your Child Home?
 

Parents should also pay attention to informal removals.
 

Examples may include calls asking a parent to pick up a child early, shortened school days because of behavior, repeated removals from class, or other practices that substantially interfere with the child's access to education.
 

Keep records.
 

Document dates, times, communications, reasons given for removal and how much instruction your child missed.
 

That information may become important when determining the educational impact of repeated removals.

Don't Wait Until the Expulsion Hearing
 

School-discipline cases can move quickly.
 

Parents frequently contact an advocate only after several disciplinary events have already occurred.

Earlier intervention may provide more opportunities to address the student's behavioral and educational needs before the situation escalates.
 

If your child has an IEP or 504 Plan and is experiencing repeated behavioral problems, suspensions or disciplinary removals, consider obtaining help before the situation reaches the point of expulsion.

Experienced Special Education Advocacy
 

We assist families dealing with complicated special education disputes, including matters involving:

IEP meetings • Manifestation Determinations • School Discipline • Suspensions • Expulsions • FBAs • BIPs • Alternative Placements • IDEA Due Process
 

Our goal is to help parents understand their child's rights, evaluate the school's proposed actions, and advocate for an educational program that appropriately addresses the student's disability-related needs.
 

Facing a Suspension, Manifestation Determination or Expulsion?
 

School-discipline matters can have immediate consequences for a child's education.

If your child has an IEP or Section 504 Plan and is facing suspension, expulsion, a manifestation determination, alternative placement or another serious disciplinary action, contact MyChildWins.com to discuss your situation.
 

Schedule a Free 15-Minute Consultation
 

MyChildWins.com Education Advocates
 

IEP Advocacy • School Discipline • Manifestation Determinations • Due Process