Critical Protections for Students with Disabilities in School Discipline
Disability cases are sensitive and important because students with disabilities have rights under both federal and Maryland disability law that protect them from unfair or discriminatory treatment. School discipline can have serious consequences on a student’s education, social development, and future opportunities.
Disability law mandates special procedures and safeguards to protect students with disabilities when disciplinary issues arise. We can explain the critical protections afforded to students with disabilities under Maryland law and how families can use these protections to advocate for fair treatment. At Advocates for the Voiceless in Riverdale Park, Maryland, we frequently work with families of students with disabilities who face disciplinary actions at school.
The Legal System for Disability Protections
Students with disabilities in Maryland are protected by a combination of federal and state disability laws. The primary federal statutes are the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA).
Maryland disability law incorporates these federal requirements and adds state-level protections for students enrolled in public schools.
IDEA applies to students who qualify for special education services and includes detailed procedural safeguards related to discipline. Section 504 and the ADA apply more broadly to students who have disabilities that substantially limit one or more major life activities, regardless of whether they receive special education.
Together, these laws require schools to provide appropriate accommodations and protections during disciplinary proceedings to prevent discrimination and make sure the student’s right to a free and appropriate public education (FAPE).
Manifestation Determination Review
One of the most important protections for students with disabilities facing disciplinary action under Maryland disability law is the requirement for a manifestation determination review (MDR).
Before a student with an Individualized Education Program (IEP) or 504 Plan can be suspended or removed for more than 10 consecutive school days, the school must conduct an MDR.
The purpose of the MDR is to determine if the behavior that led to the disciplinary action was caused by or had a direct and substantial relationship to the student’s disability. The school must also consider whether the conduct was the direct result of the school’s failure to implement the student’s IEP or 504 Plan.
If the behavior is found to be a manifestation of the student’s disability, the school can’t proceed with the long-term suspension or expulsion. Instead, the student must continue to receive educational services and the school must review and revise the student’s plan to address the behavior.
Failing to conduct an MDR or incorrectly concluding that the behavior isn’t a manifestation of the disability violates Maryland disability law and deprives the student of essential protections.
Procedural Safeguards in Disciplinary Actions
Maryland disability law requires that students with disabilities receive specific procedural safeguards during disciplinary processes. These safeguards are designed to protect the student’s rights and prevent unjust or discriminatory discipline. The safeguards include:
Prior written notice: The school must provide parents with written notice before any disciplinary change in placement, detailing the reasons for the action and the procedural rights available.
Parent participation: Parents have the right to participate in all meetings regarding discipline, including MDR meetings and any hearings related to suspension or expulsion.
Right to appeal: Parents may challenge disciplinary decisions through the local school system’s appeal procedures and through state-level hearings.
Continued educational services: Even during suspensions or removals, students with disabilities must receive services to enable them to continue participating in the general education curriculum and progress toward their IEP goals.
Interim alternative educational setting: In cases involving weapons, drugs, or serious bodily injury, schools may place a student in an alternative setting for up to 45 days even if the behavior is a manifestation of the disability, but educational services must continue.
These procedural safeguards make sure that students with disabilities aren’t excluded from education without proper review and protections.
Discipline and the Free Appropriate Public Education (FAPE) Requirement
Maryland disability law, in conjunction with federal law, requires that disciplinary actions don’t deny students with disabilities their right to a free, appropriate public education. This means that schools can’t simply remove students from educational settings without providing services that address their educational needs during disciplinary removals.
For short-term suspensions of 10 days or fewer, schools aren’t obligated to provide additional services, but removals that exceed 10 cumulative days within a school year trigger the requirement for educational services during the suspension. This makes sure that students with disabilities don’t lose educational opportunities and remain on track academically and socially.
Students with disabilities often receive disciplinary removals without adequate services, which can exacerbate learning difficulties and emotional challenges.
The Basics of Functional Behavioral Assessments and Behavior Intervention Plans
Behavioral challenges are often at the center of disciplinary issues for students with disabilities. Maryland disability law supports the use of Functional Behavioral Assessments (FBAs) and Behavior Intervention Plans (BIPs) to proactively address behavior and reduce the need for discipline.
An FBA is an evaluation that identifies the reasons behind a student’s behavior and the triggers that cause it. Based on this evaluation, a BIP is developed to outline positive strategies and supports to address the behavior. Both documents are incorporated into the student’s IEP or 504 Plan and must be reviewed regularly.
If a student’s behavior results in disciplinary action, schools must review whether an appropriate FBA and BIP were in place and whether they were properly implemented. Failure to conduct an FBA or follow a BIP can violate Maryland disability law and constitute grounds to challenge discipline.
Protecting Students from Discrimination in Discipline
Maryland disability law prohibits discrimination based on disability in school discipline. This includes the use of harsh or disproportionate disciplinary measures against students with disabilities compared to their non-disabled peers for similar behaviors.
Schools must also accommodate disabilities that may manifest as challenging behavior. For example, a student with anxiety may act out in ways that require different handling than a student without that diagnosis.
Disciplinary policies must be applied in ways that reflect an understanding of disability-related behaviors, and schools must avoid policies that exclude students with disabilities from school without due consideration.
When disciplinary actions appear to be motivated by bias or fail to account for a student’s disability, families have grounds to challenge the decisions under disability law and civil rights protections.
Steps Parents Can Take to Protect Their Child’s Rights
Parents of students with disabilities should be proactive in protecting their children’s rights in disciplinary situations. These are steps you can take:
Request a copy of the student’s disciplinary records and educational files
Attend all meetings related to discipline, including MDR meetings
Request an independent educational evaluation if you believe the school’s assessments are insufficient
Work with the school to develop or revise the IEP or 504 Plan to address behavioral concerns
Consult with an attorney or advocate knowledgeable in disability law if you disagree with the school’s disciplinary decisions
These steps help parents stay informed, participate fully, and advocate effectively.
The Appeal Process and Due Process Hearings
If parents disagree with a disciplinary decision affecting their child with a disability, Maryland disability law provides the right to request an impartial due process hearing. This hearing allows parents to present evidence, cross-examine witnesses, and argue that the school failed to follow disability law protections.
The hearing officer’s decision is binding but can be appealed to state or federal court. During the appeal process, the student typically remains in their current educational placement unless the school can prove that a change is necessary for safety reasons.
Collaboration Between Families and Schools
While conflicts can arise, successful outcomes for students with disabilities often depend on collaboration between families and schools. Maryland disability law encourages ongoing communication and partnership to address behavioral issues before they lead to severe discipline.
When both sides work together in good faith, it is often possible to create positive behavioral supports that reduce the need for disciplinary action.
Call Our Experienced Attorneys
At Advocates for the Voiceless, we help families understand these protections and assert their rights when schools fail to comply with disability law. We’re proud to serve Riverdale Park, Maryland, and surrounding communities. Call our staff today to get started with our services.
