Understanding Suspension Rights
Students with Individualized Education Programs (IEPs) have certain protections under the Individuals with Disabilities Education Act (IDEA). While schools can suspend students with IEPs, they must follow specific procedures to ensure the student's rights are upheld.
The key is to balance the need for maintaining a safe learning environment with the obligation to provide a free appropriate public education (FAPE).
Short-Term Suspensions
A short-term suspension is typically defined as 10 consecutive school days or less. Schools can impose these suspensions on students with IEPs in the same manner as they would for students without disabilities.
However, schools must consider whether the behavior in question is a manifestation of the student's disability.
Long-Term Suspensions and Expulsions
For suspensions longer than 10 consecutive days, or expulsions, schools must conduct a manifestation determination review. This review assesses whether the behavior was directly related to the student's disability.
If the behavior is found to be a manifestation of the disability, the school cannot proceed with the suspension or expulsion without providing appropriate interventions.
Manifestation Determination Review
This review must be conducted within 10 school days of any decision to change the placement of a child with a disability due to a violation of a code of student conduct.
The IEP team, including the parents, will determine if the behavior was caused by, or had a direct and substantial relationship to, the child's disability.
Alternative Educational Services
If a student with an IEP is suspended for more than 10 days in a school year, they are entitled to continue receiving educational services. These services ensure the student can continue to participate in the general education curriculum and progress toward meeting IEP goals.
Schools must provide these services in an alternative setting if necessary.
Parental Rights and Advocacy
Parents have the right to participate in all meetings related to the suspension and discipline of their child. It's crucial for parents to understand their rights and advocate for their child's needs.
Reviewing the procedural safeguards notice provided by the school can offer guidance on your rights and the school's obligations.
Practical tips
- Request a copy of the school's discipline policy to understand how it applies to students with IEPs.
- Keep detailed records of all communications with the school regarding disciplinary actions.
- Attend all meetings related to your child's suspension and ask questions if you're unsure about any decisions.
- Consider bringing an advocate or support person to meetings to help you navigate the process.
- Review your child's IEP to ensure it addresses any behavioral concerns that could lead to suspension.
Common mistakes to avoid
- Assuming that IEP protections prevent all suspensions without understanding the specific procedures involved.
- Not attending meetings related to your child's suspension, missing the opportunity to advocate effectively.
- Failing to review and understand the school's disciplinary policies and how they apply to students with IEPs.
- Overlooking the importance of a manifestation determination review in long-term suspension cases.
Frequently asked questions
- Can a student with an IEP be suspended for more than 10 days?
- Yes, but a manifestation determination review must be conducted to assess if the behavior is linked to the disability.
- What happens if the behavior is a manifestation of the disability?
- The school cannot proceed with the suspension or expulsion without providing appropriate interventions.
- Are schools required to provide educational services during suspensions?
- Yes, if the suspension exceeds 10 days in a school year, educational services must continue.
- What is a manifestation determination review?
- It's a process to determine if a student's behavior is directly related to their disability, impacting disciplinary actions.
- How can parents advocate for their child during suspension proceedings?
- Parents should attend all meetings, understand their rights, and may bring an advocate to help navigate the process.