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 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) and Behavior Intervention Plans (BIPs) to address and manage challenging behaviors exhibited by students with disabilities.

3. Protections for Children Not Yet Eligible for Special Education: Even if a child has not yet been identified as having a disability but displays behavior that raises concerns, IDEA’s protections can still apply. In such cases, schools are encouraged to evaluate to determine whether the child needs special education services. Despite these legal protections, some school administrators may lack the necessary training to differentiate between behaviors associated with a disability and those resulting from willful misconduct. Additionally, there can be delays in conducting MDRs and implementing necessary supports. Advocacy plays a pivotal role in addressing these challenges. Special education advocates and parents can collaborate with schools to ensure that the unique needs of children with disabilities are met appropriately.

WHAT TO DO IF YOUR CHILD IS FACING EXPULSION

• Learn the Law: Understand your child’s rights under IDEA and familiarize yourself with the school’s disciplinary policies.

• Request a Meeting: Initiate communication with school officials to discuss the situation. Request a meeting to gain insights into the reasons for expulsion and collaborate on finding alternative solutions.

• Prepare for the Manifestation Determination Review (MDR): This review determines whether the behavior leading to expulsion is a manifestation of the child’s disability.

• Gather Documentation: Provide documentation of your child’s disability and any relevant information, such as IEP records, medical assessments, or evaluations.

• Consider Hiring Support: Consult with an advocate or special education attorney for guidance on the best course of action.

• Explore Alternative Interventions: Work collaboratively with the school to explore alternative interventions and supports that can address the underlying causes of the challenging behavior. This may include implementing a Functional Behavioral Assessment (FBA) and a Behavior Intervention Plan (BIP).

• Appeal the Decision: If the expulsion decision is made, explore your right to appeal the decision through the school district’s appeal process.

• Seek Mediation or Due Process: If necessary, consider pursuing mediation or due process procedures as outlined in IDEA.

The issue of expulsions for children with disabilities is frustrating and challenging. Knowing your rights, engaging professional support and understanding the process can lead to better outcomes. If you are faced with potential expulsion and need assistance, contact us at Student Advocacy Michigan. We are ready to help you!