Strategies for Challenging Unfair School Suspensions for Students with Disabilities
Students with disabilities enrolled in special education programs often face disciplinary actions that may seem unfair or disproportionate to their behavior. School suspensions can disrupt a child’s education and may not always take into account the unique needs and protections provided under the law.
In Maryland, as in other states, schools must comply with federal and state regulations designed to protect the rights of students with disabilities during disciplinary processes.
Understanding how to challenge an unfair suspension effectively can help families protect their child’s right to a free appropriate public education (FAPE) and prevent unnecessary setbacks in their academic progress.
At Advocates for the Voiceless, led by attorney Keli Renee Cochran, we support Maryland families in dealing with the unique challenges faced by students with disabilities, especially when it comes to protecting their rights in special education and disciplinary matters.
Our mission is to provide compassionate, knowledgeable legal support to help families advocate effectively for fair treatment and access to the educational services their children need to thrive.
Let's explore some practical strategies for addressing and contesting suspensions when their child is receiving special education services. We’ll also look at legal protections, procedural safeguards, and advocacy techniques that can support families in holding schools accountable for fair treatment.
Disciplinary Protections for Students with Disabilities Explained
Students receiving special education under the Individuals with Disabilities Education Act (IDEA) have specific legal safeguards that influence how disciplinary actions like suspensions and expulsions are handled.
Unlike students without disabilities, children in special education can’t be suspended for more than 10 consecutive school days or for a series of removals that constitute a pattern without triggering additional protections.
In Maryland, when a student with disabilities faces suspension, the school must conduct a manifestation determination review (MDR) within 10 school days. This review examines whether the behavior leading to the suspension was directly related to the child’s disability or whether the school failed to implement the child’s Individualized Education Program (IEP).
If the behavior is found to be a manifestation of the disability, the suspension can’t proceed as it would for a non-disabled student. Parents need to be aware of these protections and the timelines involved, as schools are required to follow these steps by law. Failure to do so may constitute grounds for challenging the suspension.
Common Reasons Suspensions for Special Education Students May Be Unfair
Suspensions may be unfair for several reasons, especially when special education students are involved. Some common issues include:
Lack of proper manifestation determination review: Schools sometimes fail to complete this required review or conduct it superficially.
Ignoring IEP accommodations: Disciplinary measures may be applied without considering whether the IEP was followed or if accommodations could have prevented the behavior.
Disproportionate discipline: Students with disabilities may receive harsher punishments compared to their peers for similar behaviors.
Failure to provide alternative educational services during suspension: Maryland law requires that students continue to receive educational instruction even when suspended.
Procedural violations: Schools may not inform parents properly of their rights or the disciplinary process.
Recognizing these issues early allows parents to question disciplinary decisions and take appropriate action.
Steps to Challenge an Unfair Suspension
When facing a school suspension that feels unfair or inappropriate, parents of children receiving special education can take several steps:
Request all documentation: Obtain copies of suspension notices, behavioral reports, the IEP, and manifestation determination review findings.
Review the manifestation determination decision: Confirm that the school held the meeting on time and considered whether the behavior was related to the disability.
Check compliance with procedural safeguards: Verify if you were informed about your rights, including the right to participate in meetings and request due process hearings.
Communicate with school officials: Express your concerns in writing and ask for clarification or reconsideration of the suspension.
Request an independent educational evaluation (IEE): If you believe the school’s assessments were incomplete or inaccurate, ask for an IEE at the school’s expense.
Consider filing a due process complaint: This formal legal step asks for a hearing to resolve disputes between parents and the school regarding special education services or disciplinary actions.
Explore mediation or alternative dispute resolution: Maryland offers opportunities for parents and schools to settle disagreements outside of court.
By following these steps, families can advocate for disciplinary outcomes that respect their child’s rights under special education law.
Legal Protections Under IDEA and Section 504
Two primary federal laws provide protections to students with disabilities during disciplinary procedures: the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.
IDEA: This law mandates special education services and procedural safeguards, including limits on disciplinary removals beyond 10 days and the requirement for manifestation determination reviews. It also requires schools to provide educational services during extended removals.
Section 504: This civil rights statute protects students from discrimination based on disability. It requires schools to provide reasonable accommodations and may offer protections similar to IDEA for students who don’t qualify for special education but still have disabilities impacting their education.
Parents should be familiar with both laws to better understand their child’s protections and when to apply them in cases of suspension. Understanding the distinctions and overlaps between IDEA and Section 504 can help parents advocate more effectively for their child’s rights. Schools must follow specific procedures under these laws to avoid unlawful disciplinary actions.
Our attorney can provide valuable guidance in identifying violations and taking the appropriate steps to protect your child’s educational rights. If you believe your child’s rights have been violated, seeking legal support early can help address issues before they escalate.
Practical Tips for Parents During Suspension Challenges
Advocating against an unfair suspension can be demanding. Here are practical tips for parents to strengthen their efforts:
Keep detailed records of all communications with the school, including emails, phone calls, and meeting notes.
Attend all meetings related to the suspension and bring an advocate or support person if desired.
Be clear and concise in expressing concerns about how the suspension impacts your child’s education and well-being.
Focus on collaboration with school personnel while asserting your child’s rights.
Stay informed about Maryland’s special education laws and timelines for disciplinary actions.
Seek support from local disability advocacy groups or special education consultants.
Remember, persistence and organization can make a significant difference in challenging suspension decisions. Don’t hesitate to ask questions and request clarifications whenever something is unclear. Taking these steps helps you advocate more effectively for your child’s educational rights.
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School suspensions can have significant consequences for students with disabilities, disrupting their education and impacting their social-emotional development. In Maryland, legal protections under IDEA and Section 504 provide families with avenues to challenge suspensions that don’t consider a child’s unique needs. By understanding these protections, reviewing procedural compliance, and advocating persistently, parents can help secure a fairer disciplinary process for their children receiving special education services.
At Advocates for the Voiceless, we support Maryland families in advocating for the rights of students with disabilities. If your child faces a suspension you believe to be unfair, reach out to us for guidance and support to protect their educational future.
