School discipline is a complex issue, and there are some special protections for students with disabilities. The Individuals with Disabilities Education Act (IDEA) describes how discipline for students with disabilities works, and what parents can do to challenge a suspension or expulsion, or other efforts at discipline. Here are the highlights:
Section 300.530 Authority of School Personnel describes when and how school personnel can remove or suspend a child with a disability.
Section 300.531 Determination of setting states that the child’s IEP Team determines the interim alternative educational setting for services.
Section 300.532 Appeal describes how a parent who disagrees with a decision about placement or manifestation determination can appeal by requesting a hearing; this has numerous deadlines and rules attached.
Section 300.533 Placement during appeals states that when an appeal is made by either the parent or district, the child must remain in the alternative setting pending the hearing officer’s decision or until a 10 or 45 day time limit depending on the situation.
Section 300.534 Protections for children not determined eligible for special education and related services states that a child who engaged in behavior that violated a code of student conduct may assert protections if the district knew that the child had a disability before the behavior, even without a formal determination; parents may request an expedited evaluation under this section as well.
Section 300.535 Referral to and action by law enforcement and judicial authorities states that districts may still report a crime committed by a child with a disability.
Section 300.536 Change of placement because of disciplinary removals states that a change of placement occurs if the removal is more than 10 consecutive school days or the child experienced a series of removals which constitute a pattern within one school year.
Section 300.537 State enforcement mechanisms states that state education agencies can use other mechanisms than the courts to seek enforcement of a mediation agreement or resolution meeting, if those mechanisms are not mandatory and do not delay the right to enforce the agreement in court.
Click here to look up the sections which interest you in the actual text of the law.
Click here to access a fact sheet produced by Peal Center. It contains a summary of discipline provisions in the Individuals with Disabilities Education Act, but in a simpler, bulleted format.
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