Understanding Expulsion and IEP Protections
Expulsion is a severe disciplinary action that removes a student from their regular educational setting for an extended period. For students with Individualized Education Programs (IEPs), the Individuals with Disabilities Education Act (IDEA) provides specific protections to ensure that their educational needs continue to be met.
Under IDEA, schools are required to consider whether a student's behavior is a manifestation of their disability before proceeding with expulsion. This process is known as a manifestation determination review.
Manifestation Determination Review
A manifestation determination review is a meeting where the IEP team decides if a student's behavior was caused by or had a direct and substantial relationship to their disability. This review must occur within 10 school days of any decision to change the placement of a student with an IEP due to disciplinary actions.
If the behavior is determined to be a manifestation of the student's disability, the school cannot expel the student and must take steps to address the behavior through the IEP.
When Expulsion May Proceed
If the manifestation determination review concludes that the behavior was not related to the student's disability, the school may proceed with expulsion. However, the student must still receive educational services to continue participating in the general education curriculum and progress toward meeting IEP goals.
These services might be provided in an alternative setting, such as a different school or a specialized program.
Protections Under IDEA
IDEA ensures that students with disabilities are not unfairly disciplined for behaviors related to their disabilities. It requires schools to provide a free appropriate public education (FAPE) even if the student is removed from their regular school setting.
Schools must also conduct a functional behavioral assessment (FBA) and implement a behavioral intervention plan (BIP) if the behavior is a manifestation of the student's disability.
Steps to Take if Your Child Faces Expulsion
If your child with an IEP is facing expulsion, it's important to act quickly. Request a copy of the school's disciplinary policies and your child's educational records. Prepare for the manifestation determination review by gathering relevant documentation and understanding your child's rights.
You may also want to consult with an advocate or attorney who specializes in special education law to help navigate the process.
Advocating for Your Child's Rights
Being proactive and informed can make a significant difference in advocating for your child's rights. Attend all meetings, ask questions, and ensure that your child's IEP is being followed and updated as necessary.
Remember, you are an important member of the IEP team and your input is valuable in making decisions that affect your child's education.
Practical tips
- Request a manifestation determination review immediately if expulsion is considered.
- Gather all relevant documentation, including IEPs, past evaluations, and behavior records.
- Consult with a special education advocate or attorney if needed.
- Ensure your child continues to receive educational services during any disciplinary removal.
- Stay informed about your state's specific procedural safeguards and timelines.
Common mistakes to avoid
- Not requesting a manifestation determination review promptly.
- Failing to gather and present all relevant documentation at meetings.
- Assuming the school will automatically provide all necessary services.
- Not seeking outside help when needed, such as from an advocate or attorney.
Frequently asked questions
- What is a manifestation determination review?
- A meeting to determine if a student's behavior is linked to their disability, required before expulsion.
- Can a student with an IEP be expelled for any behavior?
- Only if the behavior is not a manifestation of their disability and proper procedures are followed.
- What happens if the behavior is a manifestation of the disability?
- The school cannot expel the student and must address the behavior through the IEP.
- Do expelled students with IEPs still receive education?
- Yes, they must continue to receive educational services to progress in the general curriculum.
- How can I prepare for a manifestation determination review?
- Gather documentation, understand your child's rights, and consider consulting an advocate.