RSSInequitable School Discipline for Children with Disabilities
Students with IEPs are safeguarded by a robust legal framework, primarily through the Individuals with Disabilities Education Act (IDEA). This federal law ensures that children with disabilities have the right to a Free and Appropriate Public Education (FAPE), which includes special education and related services designed to meet their unique needs.
In California, additional state laws complement federal regulations, providing further protection and guidelines for educational placements and disciplinary actions. When a change in placement for a student with an IEP is considered for disciplinary reasons, the law requires a manifestation determination review. This process determines whether the student’s behavior was a manifestation of their disability. If so, the law typically protects the student from changes in placement that could be considered discriminatory or a denial of their right to FAPE.
Legal Protections for Students with Disabilities in Los Angeles
For children with disabilities, a change of placement a change can significantly disrupt their education and progress. When a student is removed from their current educational setting for more than ten consecutive days, it may be considered a change of placement. Schools must conduct a manifestation determination review (MDR) to assess if the child’s behavior was a direct result of their disability or if the school failed to implement the child’s individualized education plan (IEP) or 504 Plan.
The MDR is a critical step when a student with an IEP is subject to disciplinary action that could lead to a change in placement. This process involves a meeting between the IEP team and the parents to evaluate whether the student’s behavior is linked to their disability or if it was a direct result of the school’s failure to implement the IEP. If either is true, the behavior is considered a manifestation of the student’s disability, and the student cannot be moved to a more restrictive setting as a disciplinary measure. Instead, the team must conduct a functional behavioral assessment (FBA) and implement a behavioral intervention plan or review and modify the existing plan to address the behavior.
When School Disciplinary Actions Clash with IEPs
It’s important that schools maintain a balance between upholding discipline and respecting the educational rights of students with IEPs, ensuring that disciplinary practices are fair and do not inadvertently discriminate against students with disabilities.
Disciplinary actions in schools are meant to address and correct student behavior, but for students with IEPs, these actions may conflict with their rights. Schools must be cautious not to impose disciplinary measures that could potentially change a student’s placement without first conducting an MDR.
When an MDR determines that the behavior in question is either a manifestation of the student’s disability or the school failed to properly implement the child’s individualized education plan (IEP) or 504 Plan, the focus must shift to ensuring that the student receives appropriate supports to address the behavior within the current placement. These efforts may include:
- Providing additional services
- Modifications to child’s IEP
- Alternative discipline strategies that consider the student’s disability
Using School Data to Evaluate Discipline Trends
Differential treatment in school discipline can be subtle, making it essential for parents to recognize the signs. It occurs when students with disabilities face harsher punishments or are disciplined more frequently for similar behaviors compared to their non-disabled peers. This can manifest as consistently being sent out of the classroom, facing repeated detention for minor infractions, or being disproportionately recommended for suspension or expulsion. When parents suspect differential treatment, it’s important to document incidents meticulously, noting the circumstances and outcomes of each disciplinary action.
Data is a powerful tool for evaluating discipline trends in schools and identifying potential disparities affecting students with disabilities. By analyzing records of suspensions, expulsions, and other disciplinary actions, parents and advocates can uncover patterns that may indicate a systemic issue.
In California, schools are required to maintain and report discipline data, which can be reviewed to ensure that children with disabilities are not being disproportionately disciplined. For instance, if data reveals that students with disabilities are suspended at higher rates than their non-disabled peers, this could signal discriminatory practices or a failure to provide appropriate accommodations. Parents have the right to request access to this data and work with special education attorneys or advocates to examine it closely.
Was Your Child with Disabilities Unfairly Disciplined at School?
In instances where a dispute arises, the Los Angeles special education lawyers at Woodsmall Law Group can be a powerful ally in protecting your child’s educational rights and in seeking remedies that will benefit their long-term academic journey. We can represent your family in meetings with the school district, advocate for appropriate accommodations and services, and, if necessary, litigate on your behalf.
Our law firm is committed to serving children and adults with learning disabilities and their parents in Los Angeles County, focusing on the San Gabriel Valley. Our attorneys have been helping families make the most out of their educational opportunities for over 17 years.
If you have any questions or concerns about your child’s placement or the services they are receiving, please call us at (626) 440-0028 to schedule a free initial consultation. We speak English and Spanish.