Policies regarding suspension and expulsion vary widely from school district to school district. An offense that results in a five-day suspension in one district could result in a five-month expulsion in another. In addition, studies show suspension and expulsion rates are also significantly higher for students from minority groups and students with disabilities.
Are you the parent of a child facing suspension or expulsion from school? Students facing suspension and expulsion have rights. These include the right to a written explanation for the suspension or expulsion, a right to present your side of the story, and the right to a hearing before an impartial hearing officer or the school board. Students are also entitled to an attorney at their expulsion hearings, though most students do not obtain one. Attorney presence can improve the outcome, including preventing the expulsion altogether.
Discipline of Students with Disabilities
Students with disabilities are afforded additional protections against school discipline than those for other students, even if your child does not have an IEP. Under the law, schools are not permitted to expel a student if the misbehavior – or perceived misbehavior - is the result of an underlying disability.
We can help ensure that your child receives the protections he or she is entitled to. Children with disabilities have the same right to education as anyone else. The establishment of an individual education program (IEP) or some other change in the way he or she is taught may solve the disciplinary problem and resolve the situation without your child being excluded from the classroom.
Students with disabilities can find themselves arrested and facing court time and potential incarceration. We can assist you with the process and improving the outcome.