School discipline rights for kids with IEPs and 504 plans
Public schools can discipline any student who breaks school rules. But students with IEPs and 504 plans have extra protections when it comes to discipline. Read this guide and watch the video below to learn more.
All students have to follow school rules. That includes students with IEPs and 504 plans. And when students break rules, schools have the authority to discipline them.
There are different types of school discipline. But no matter which type the school uses, students have some basic rights:
They have the right to know beforehand what the rules are.
They have the right to challenge accusations and prove innocence.
In some states, students who are suspended have the right to instruction at home.
Students with IEPs and 504 plans have extra protections under federal law. These rights aren’t an excuse for breaking rules. They simply help everyone understand the cause. They also require schools to try to reduce and prevent misbehavior.
The protections are complicated. They cover two main areas:
When a child is removed from school, which prevents the child from receiving services. This is called a change in placement.
When a child’s misbehavior is caused by a disability. That includes a learning disability or ADHD. This is called manifestation.
Knowing about school discipline is important. But the prime goal for parents and schools is to prevent misbehavior. Every public school has a code of conduct on its website or printed out. Go over it with your child so you both know the rules, and the consequences for breaking them.
Dive deeper
Change in placement
To discipline students, schools often suspend them from school. Or remove them from class. This can prevent students from getting the services in their IEPs or 504 plans.
When a child has been removed from school for more than a total of 10 school days, it’s called a change in placement. (That may also be the case if the school has a pattern of removing a child from school, even if it’s less than 10 days.)
The change in placement results in extra protections.
The school must immediately notify parents or caregivers in writing of the change.
The school must inform them about their legal rights (called procedural safeguards).
The school must provide the student with the services in the IEP or 504 plan, wherever the student is.
The school must conduct a special review, called a manifestation determination.
In this process, the IEP team asks if the misbehavior is caused by a disability. In other words, is it a “manifestation” of the child’s challenges? More protections apply if it is.
The team looks at any relevant information, like the nature of the misbehavior. It might observe the child and look at the child’s IEP file and school records. The team also checks to see if the school followed the student’s IEP.
This process can lead to three possible results:
The misbehavior was caused by a disability: The school and the IEP team must immediately try to figure out why the misbehavior happened. Then it must put in place a plan to lessen the misbehavior. If the student already has a behavior plan, then the team has to review it and make any needed changes. The student can return to school.
The misbehavior was the result of not following the IEP: The school must fix the situation right away. They must implement the IEP (or 504 plan) properly. And the student can return to school.
The misbehavior wasn’t caused by the child’s disability: The school can treat the student the same as it treats students without an IEP or 504 plan. It may keep the student out of school. But even with this change in placement, the school must continue to provide services.
When misbehavior is caused by a disability, kids with IEPs and 504 plans generally go back to school. But there are exceptions. Schools can keep students out for up to 45 school days if a removal was because of a special situation:
Bringing a weapon to school
Selling or having illegal drugs at school
Causing serious bodily injury
They can also ask a judge to remove students when there is a substantial risk of serious injury.
In these situations, schools often place students in alternative settings or schools. But they still need to provide services if there is a change in placement.
When kids get in trouble at school, the first person they see is often the principal or assistant principal. If the discipline is serious, you’ll probably be called in for a meeting. At the meeting, it’s important to ask what rule your child is accused of breaking.
If you disagree with the school’s decision, you can appeal it. You’d typically contact the superintendent or the school board. There would be a hearing where you would make your case.
You can challenge placement. You can also challenge a manifestation determination. If time is critical, you can ask for an expedited hearing, which is a sped-up process.
You may also want to talk to a lawyer or advocate. In fact, many experts recommend it.
