Each school district has a Student Code of Conduct to which students must follow. If a student violates the Code of Conduct, depending on the severity of the violation, they may be subject to disciplinary action including in-school suspension, short-term or long-term out-of-school suspension, 365-day suspension, and expulsion. A suspension that results in a student being removed from the academic setting for 10 days or more is considered a long-term suspension.
Students with disabilities are entitled to a Manifest Determination Review ("MDR") if an out of school suspension results in a change in placement. A change in placement occurs when the student is excluded from school for 10 days or more. If it is determined at the MDR that the behavior that resulted in the student's suspension is a result of their disabilities, the student generally cannot be suspended or expelled beyond the tenth day.
In some cases, if a student has frequent disciplinary referrals, but is not yet identified as a student with a disability, a school district should, and/or a parent can, request that the student be evaluated to determine if the student has a disability which may be impacting his academic performance and/or behavior.
In rare cases, schools may use excessive discipline against a student. The use of excessive discipline may adversely impact the physical and mental wellbeing of the student. The student may be entitled to remedies as a result.
The Law Office of Neubia L. Harris, PLLC can assist if your student has been suspended, expelled or a victim of excessive discipline by ensuring that the Student Code of Conduct was applied appropriately, appealing long term suspensions or expulsions, and by advocating for your students’ rights regarding school discipline.