School Discipline and Your Child’s Rights
Disciplinary actions in schools can significantly impact a child’s academic journey, especially for students with disabilities. It’s crucial to understand the legal protections available under laws like the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.
When disciplinary actions are taken against students with disabilities, schools must ensure that these actions do not violate the student’s rights to an appropriate education. Parents and guardians should be aware of how to advocate for their child’s rights, ensuring that any disciplinary measures are fair, justified, and aligned with their individual needs and accommodations.
Common Disciplinary Issues
- Suspensions and Expulsions: Students with disabilities are often disciplined more harshly than their peers.
- Manifestation Determination Reviews (MDR): Required to determine if behavior is linked to the disability.
- Protections for Long-term Suspensions: Schools must follow due process, ensuring fairness.
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Legal Protections You Should Know
- Right to Non-Discrimination: Equal treatment in disciplinary actions.
- Right to Free and Appropriate Education (FAPE): Educational services must continue during disciplinary periods.
- Right to Dispute Resolution: Mediation and hearings are available if you disagree with the school’s decision.
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How K Altman Law Supports Families
Our experienced legal team helps families by:
- Challenging Unfair Suspensions/Expulsions: Ensuring schools adhere to due process.
- Advocating in MDRs: Protecting students from discriminatory discipline.
- Navigating Due Process Hearings: Providing representation in legal disputes.
Concerned About Your Child’s Future? Let K Altman Law Advocate for You.
FAQs on School Discipline
- Can my child be suspended for behavior linked to their disability?
No. An MDR must be conducted to assess the connection. - What if I disagree with the school’s disciplinary decision?
You have the right to challenge it through due process. - Can my child receive educational services during suspension?
Yes. FAPE rights continue during long-term disciplinary actions.
Ensure Your Child’s Education Stays on Track — Contact K Altman Law Now.
