Students with disabilities are suspended and expelled at disproportionately high rates compared to their representation in the student body. The 2021–2022 Civil Rights Data Collection (CRDC) shows that students with disabilities make up 17% of U.S. public school students but represent 27% of in-school suspensions, 29% of out-of-school suspensions, and 24% of expulsions.
These disparities demonstrate the need for strong legal protections to prevent students with disabilities from being unfairly disciplined for behaviors linked to their disability. Students with an Individualized Education Program (IEP) or a Section 504 plan have specific procedures and rights that safeguard their access to education and ensure schools address their underlying needs instead of resorting to disciplinary measures that remove support.
As a parent or guardian of a student with disabilities, it is essential to understand these protections and to remain actively involved in all aspects of the educational process, including discipline. Continue reading to learn more about the specific rights that protect students with disabilities from unfair punishments.
What is Disciplinary Removal?
Disciplinary removal involves actions a school takes to temporarily or permanently remove a student from their regular educational setting due to behavioral issues. For students with disabilities, these actions are tightly regulated at the school, district, and state levels to ensure they do not interfere with access to education or legal protections.
Suspension temporarily removes a student from classes, school, or activities. In 2013, the California Legislature approved Assembly Bill 420, which amended the California Education Code (EC) to prohibit suspensions for willful defiance or minor disruptions for students in kindergarten through eighth grade, and to require that suspensions for other offenses, including supervised in-school suspensions, be used only as a last resort. If a student is suspended for two or more consecutive days, the school must provide classwork to ensure ongoing learning.
Expulsion permanently removes a student from their school and is the most severe disciplinary action. In California, expulsion requires approval by the school district’s governing board after a formal hearing. Schools must document extensive supports and interventions and exhaust instructional, behavioral, and social strategies before recommending expulsion.
Protections for Students with Disabilities Facing Suspension or Expulsion
1. Right to a Free Appropriate Public Education (FAPE)
Students with disabilities in California are entitled to a Free Appropriate Public Education (FAPE), a right guaranteed under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. This means that schools must continue to provide access to education even if a student faces disciplinary removal, such as a suspension or expulsion. Disciplinary actions cannot result in the denial of educational services, and students must still have the opportunity to make progress toward the goals outlined in their IEP.
These laws also protect students with disabilities from discriminatory disciplinary actions that unfairly target them compared to their peers. Schools are legally obligated to provide equal treatment and cannot impose suspensions, expulsions, or other removals solely because a student has a disability. These protections help eliminate bias in school discipline and ensure decisions are based on behavior and circumstances, not on assumptions or stereotypes related to a student’s disability.
2. Behavioral Supports and Intervention Plans
Students with an IEP or 504 plan must have a Behavior Intervention Plan (BIP) in place to address challenging behaviors before suspension or expulsion. These plans provide proactive strategies and supports, focusing on teaching positive behaviors rather than punishment. Schools must implement and adjust these plans to ensure disciplinary actions align with the student’s individual needs
3. Continued Access to Services During Removal
Even when suspended or placed in an alternative setting, a student with a disability is legally entitled to continued access to instruction and services. This includes out-of-school suspensions exceeding 10 days or other disciplinary removals. Schools are required to ensure that all educational services are aligned with the student’s IEP or 504 plan, so the child can continue to participate in the general curriculum and make progress toward their learning goals, preventing any loss of educational opportunity or regression during the period of removal.
4. Manifestation Determination Requirement
When a student with a disability faces disciplinary action that could remove them from their educational placement, such as suspension exceeding 10 consecutive days, the school must carefully assess whether the behavior is connected to the student’s disability. This process, called manifestation determination, ensures that schools do not impose disciplinary measures for behaviors that are a direct result of a child’s disability or the school’s failure to provide necessary supports. During the meeting, the IEP team and school must answer two key questions:
- Was the behavior caused by, or did it have a direct and substantial relationship to, the student’s disability?
- Was the behavior the direct result of the school district’s failure to implement the student’s IEP?
If the behavior is determined to be a manifestation of the student’s disability:
- The student cannot be removed from their current educational placement.
- The school must conduct a behavioral assessment and create or update a Behavior Intervention Plan (BIP) to provide positive supports and interventions.
- The IEP team must address any deficiencies in the plan to help the student succeed in the classroom.
Understanding the manifestation determination process is essential for parents and guardians, as it is often the last formal opportunity to advocate for your child before a serious disciplinary action. By actively participating in this process, you can help ensure that your child’s educational and behavioral needs are properly considered while protecting their legal rights.
5. Procedural Rights for Parents
Parents and guardians of students with disabilities also have important rights regarding suspensions and expulsions. They have the right to attend all disciplinary and manifestation determination meetings, review all records and reports related to disciplinary actions, and request a due process hearing if they disagree with the school’s decisions. Families also have the right to be represented by an attorney or advocate during these proceedings, ensuring that their child’s rights are protected and that disciplinary actions comply with federal and state special education laws. These rights help parents actively protect their child’s educational and legal interests.
Protecting Your Child’s Educational Rights
Understanding the legal protections available to students with disabilities is essential for ensuring fair treatment and continued access to education during disciplinary proceedings. From suspensions and expulsions to manifestation determinations and behavioral supports, California law provides multiple safeguards to protect your child’s rights.
If your child is facing disciplinary action or you believe their rights under an IEP or 504 plan are not being upheld, education rights attorney Jennifer Chang can help you navigate the process and advocate for the support your child needs. Contact the Law Offices of Jennifer Chang today to discuss your child’s situation and ensure their educational rights are fully protected.