There are special discipline rules for students with disabilities. As a parent, you can help make sure your child continues to receive the education they need.

What records should I keep?

Keep a list of every time your student is sent home early or suspended. Include the reason the school gave you. This will help you see any patterns of when and why your child is being disciplined.

What if I think my child’s behavior is related to their disability?

If your child is getting into trouble at school and you think their behavior is related to their disability, you can request an Individualized Education Program (IEP) meeting. You can discuss when the challenging behaviors are happening and consider additional supports your child may need to be successful at school.

The school is asking me to meet for a manifestation determination. What does that mean?

Manifestation determination is required when the discipline of a student with a disability will result in a change of placement or expulsion. A change of placement happens if a child misses more than 10 school days in a row or if a series of removals from the classroom creates a pattern. If the team determines the behavior is not the result of a child’s disability, then they can follow the same discipline processes as they would with other students. If the team decides the behavior is a result of the child’s disability, then the team needs to take additional steps to make sure the IEP meets your child’s needs.

What can I do if my child is expelled?

If your child is expelled, you have the right to appeal to the school board. Sometimes parents and schools make a pupil withdrawal agreement. This means a parent agrees to withdraw a student from the school district rather than go through the expulsion process.

What does the school need to do to make up for the time my child is missing?

Students who are suspended must have the chance to complete all work assigned during their suspension. If your child is expelled or suspended for more than five days in a row, the school needs to provide your child with alternative educational services. The school needs to do this even if the behavior was not a result of their disability. This education will take place in a different setting, such as another school or online.

What if I disagree with a decision the school makes in the discipline process?

If you disagree with a manifestation determination or expulsion decision, you can request an expedited due process hearing. This is a formal dispute resolution option for students receiving special education services. Schools must also have a discipline complaint procedure that all parents can use when they disagree with discipline decisions, such as suspensions.