Know Your Rights: School Discipline

Five Things You Can Do to Protect Your Student’s Rights

During the school day, your student has the right to be in school with their classmates unless they have been suspended or expelled. If your student is removed from class or sent home because of their behavior, don’t wait—ask questions and take action right away:

1. Request an Individualized Education Program (IEP) Meeting: Work with your child’s IEP team to solve problems together. The IEP team must consider the use of positive behavior supports and other strategies to help with behavior that is getting in the way of your student’s learning. If your student does not have an IEP and is being disciplined because of their behavior, write to your child’s teacher or principal about your concerns.
2. Track everything: Keep a written record. Asked to pick-up your child early? Write it down. Was your child placed in a separate room away from their classmates? Write it down. Track every time your student is excluded from the classroom. The Parent Information Center has a tracking template that you can use.
3. Request a Functional Behavior Assessment (FBA) and a Behavior Plan: Behavior incidents, classroom disruptions, or breaking school rules may mean a student needs additional behavior supports. Ask for a functional behavior assessment (FBA) and a behavior plan to be developed by a Board Certified Behavior Analyst (BCBA). Remember, you are the expert on your child so review the plan and make sure it reflects their needs.
4. Prepare for the Manifestation Determination Review (MDR): The MDR is a very important meeting to decide whether your child’s behavior was caused by their disability or if the conduct was a direct result of the the school’s failure to implement their IEP. The decision made at this meeting affects whether your child can return to school or face discipline, including suspension or expulsion. This meeting is an important legal protection for students with disabilities. You have the right to attend and participate. Learn more about MDR and how to prepare.
5. Ask for a decision to be reviewed: You can appeal decisions the school makes about your child. The school district does NOT always have the final say.

Watch out for times when you are asked to pick your student up early or they are otherwise removed from their classroom. These are known as ‘partial school days’ and they actually count as suspensions.
Examples:

• Your child is sent home early.
• Your child is told to come to school late.
• Your child is taken out of class for long periods of time.
• Your child is kept in a separate room instead of their regular classroom.
• Your child goes to school only for services, not the full day.
• Your are made to feel like you have to homeschool your child.

This project is supported, in part with funding provided by the NH Council on Developmental Disabilities under grant number 2501NHSCDD from the U.S. Administration for Community Living, Department of Health and Human Services, Washington. D.C. 20201. Grantees undertaking projects with government sponsorship are encouraged to express freely their findings and conclusions. Points of view or opinions do not therefore, necessarily represent official ACL policy.

We thank our partners at Disability Rights Arizona for sharing their resources on this topic.