Special Education And Student Discipline Lawyers

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Are the Rules for Student Discipline Different for Students with Disabilities?

In cases of minor disciplinary measures, such as time-outs, detentions, and short-term (less than 10 days) suspensions, students with disabilities generally are treated the same as any other student. However, in cases of long-term suspension, or expulsion, students with disabilities are offered much more protection.

How Are Students in Special Education Treated Differently in Expulsion Cases?

Students with special education are offered greater protection under the Individuals With Disabilities Education Act (IDEA) in order to keep them in school. Some of the protective measures offered by IDEA include:

Are There Any Exceptions to the Protection Granted to Students with Disabilities?

Yes, there are three cases in which the school can impose a change in placement (long-term suspension or expulsion) without a parent's consent:

My Student is Not Yet Eligible for Special Education, but Suffers from a Disability; Is He Eligible for Special Protection?

A student who has not yet been found eligible for special education may be eligible for special protection if the school had knowledge of the student's disability before the incident took place.

Should I Contact a Lawyer?

If you have questions about how disciplinary procedures apply to students with disabilities, you may want to contact a lawyer who is experienced in education and schools, or in disability law. A lawyer will be able to explain you or your child's rights under IDEA, and guide you through any administrative procedures that may be necessary to protect the rights of you or your child.

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Last Modified: 11-30-2011 04:32 PM PST

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