ADVOCATE LIKE A MOTHER
School Expulsions and Protections for Children with Disabilities
BY MARIA GIANCOTTI, M.ED - STUDENT ADVOCACY MICHIGAN
The journey for children with disabilities is often fraught with unique challenges including behavioral issues and potential school expulsions. According to the National Longitudinal Transition Study-2 (funded by the U.S. Department of Education), 27%-33% of youth with learning disabilities, mental retardation, or traumatic brain injuries are reported to have been suspended or expelled and 13%-18% of those with visual, orthopedic, speech/ language or hearing impairments, autism, multiple disabilities and deaf-blindness are reported to have
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been expelled. While expulsion is a complex and emotionally charged topic, it is crucial to explore how the Individuals with Disabilities Education Act (IDEA) provides safeguards and protections for children with disabilities in the face of disciplinary actions. School expulsions can have profound consequences for any student, but the impact can be particularly significant for those with disabilities. Expulsions not only disrupt the educational trajectory but also pose a risk to the overall well-being of the child. Children with disabilities may exhibit behaviors related to their condition that are mistakenly interpreted as willful misconduct. In such cases, it is essential to recognize that the root cause of these behaviors may be linked to the child’s disability, necessitating a thoughtful and nuanced approach. The IDEA serves as a critical legal framework designed to ensure
that students with disabilities receive a free and appropriate public education (FAPE). When it comes to disciplinary actions, IDEA includes provisions that safeguard the rights of children with disabilities. 1. Manifestation Determination Review (MDR):
IDEA mandates a Manifestation Determination Review (MDR) before a child with a disability can be expelled for more than 10 consecutive days. This review determines if the behavior leading to the disciplinary action is a manifestation of the child’s disability and or if the IEP was not executed properly. 2. Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP):
IDEA encourages the use of Functional Behavioral Assessments (FBAs)
