Discipline For Youth With Disabilities

Can I be suspended or expelled from school if I have a disability? 

Yes, students with disabilities can be suspended or expelled just like all other students. However, there are some extra rules that schools must follow when disciplining you if you have a disability.  For example, if you have a disability, your school can consider your personal situation on a case-by-case basis when making a decision to discipline you.

How long can the school suspend me for if I have a disability?

A school cannot suspend you for more than 10 school days if the reason for the suspension is related to your disability. 

If you are suspended for more than 10 school days in a row, more than 10 school days in the same school year for similar behavior, or if you are expelled, it is considered a “change in placement”.  During the “change in placement”, the school must provide you with special educational services.

So if you are suspended for more than 10 days in a school year, the school must still provide you with special education services under your IEP. But before you are kept out of school for more than 10 days, the school must hold a meeting to decide if the reason for suspension is related to your disability. If it is, then they cannot suspend you.

How does the school decide if the behavior is related to my disability?

If you have a disability and the school wants to expel you or suspend you for more than 10 days in a school year, it must call a meeting to make a “manifestation determination.”  The meeting must be held within 10 days of when you were suspended for 10 days, or within 10 days of when you were expelled.

What is a manifestation determination meeting?

 A manifestation determination is a meeting where the event that caused your suspension is discussed. This meeting is to see if the behavior was caused by or happened because of your disability.  During the manifestation determination meeting, your parent or surrogate parent, members of your IEP team, and the local education agency must review all information in your file, including your IEP, any teacher observations and any observations provided by your parent or surrogate parent.  The IEP team should also look to see if your IEP was being followed.

If it is decided that the behavior was related to your disability, the school cannot expel you or suspend you for more than 10 days.  The school must either conduct a functional behavioral assessment (FBA) or review and update a behavioral intervention plan to address the behavior. 

If the behavior was not related to your disability, the district can expel or suspend you for over 10 days.

What if the school determines that the behavior was not related to my disability?

If your behavior was not directly related to your disability, the school can use the same disciplinary actions it would use on a student that does not have a disability.  This includes expelling you from school. 

However, you must continue to receive special educational services under your IEP if you are removed from school for more than 10 days in a school year.  This applies even if you are expelled.  The services must allow you to: (a) continue with school work; (b) work towards your IEP goals; and (3) if appropriate, include a behavior plan that addresses the behaviors that caused you to be removed from school.

What if I disagree with the decision made at the manifestation determination meeting?

Your parent or your surrogate parent may request an expedited (or quicker) due process hearing. The hearing must occur within 20 days of the request, and the administrative law judge (ALJ) must make a decision within 10 days of the hearing.

Can I ever be suspended for more than 10 consecutive school days even if the behavior is related to my disability?

Yes, certain offenses can lead to you being moved to an interim alternative educational setting for up to 45 school days even if the conduct is determined to be related to your disability.  These offenses are:
·   Weapons
o   If you carry or possess a weapon:
– On the way or at school
– On school premises
– At a school function
·   Drugs
o   If you have or use illegal drugs or sell illegal drugs:
– While at school
– On school premises
– At a school function
·   Serious injury
o   If you have seriously injured another person:
– While at school
– On school premises
– At a school function

If you are moved to an alternative education setting, you still must get educational services so you can continue to work towards meeting your IEP goals. If you need them, you also must get a
behavioral assessment and services and modifications to help with your behavior.

What if I disagree with the disciplinary decision that the school made?

Your parent or your surrogate parent may appeal the decision by requesting a hearing.