Schools, colleges, and universities across Iowa have the right to hold students accountable for their actions, and to expect their adherence to the relevant codes of conduct. However, this does not excuse the school from considering the needs of disabled students when they draft those conduct codes, or from thinking about how they can protect the rights of students with complex needs.
This issue is never more apparent than when students are facing disciplinary action for behavioral, academic, or sexual misconduct. Given how complex disabilities can be, there's a serious risk that a student will be unfairly sanctioned, mistreated, or discriminated against during the disciplinary process.
At the Lento Law Firm, it's our goal to hold schools accountable to disabled students. We will fight to protect your student's right to fair and equitable treatment, no matter what they stand accused of. Call now at 888.535.3686 or reach the Lento Law Firm Student Defense Team online to get started.
How Iowa State and Federal Laws Affect Students with Disabilities
Schools and colleges across Iowa must comply with various state and federal laws to ensure the fair treatment of every disabled student. The key laws are as follows.
- Individuals with Disabilities Education Act (IDEA)
- Iowa Administrative Rules of Special Education
- Section 504 of the Rehabilitation Act
- Americans with Disabilities Act
Schools follow the provisions of the Administrative Rules and IDEA. Under such rules, all students with disabilities should have access to Individualized Education Programs (IEPs). The school and local school district will oversee disciplinary action.
Colleges follow the ADA and the Rehabilitation Act. Disciplinary action may be overseen by the Office of General Counsel. Students have no rights to IEPs, but they do have rights to accommodations.
Types of Student Misconduct
The types of misconduct allegations a disabled student might face include academic, behavioral, and sexual misconduct. Let us briefly consider some examples of what might be considered misconduct in each category.
- Academic misconduct: Plagiarism, cheating, dishonesty
- Behavioral misconduct: Classroom disruption, violence, horseplay
- Sexual misconduct: Inappropriate touching, sexual harassment, unwelcome advances
Disabled students are not always in control of their conduct. They may also not understand how it could be perceived, which is why they have certain rights to fair and balanced treatment during disciplinary proceedings.
Reasonable Adjustments
Although disabled students are not exempt from disciplinary action in Iowa, schools should make reasonable adjustments to ensure that they are treated fairly throughout the disciplinary process. Such adjustments might include:
- Presence of an assistant or counselor (in college settings)
- Asking the panel to leave the room if the student requires a moment to compose themselves
- Pausing for a break if the student is struggling
- Giving the student plenty of time to take notes of what is being said so they understand everything properly
Manifestation Determination Reviews
Schools cannot discriminate against disabled students. This is a basic principle of IDEA and Section 504 of the Rehabilitation Act. In K-12 settings, schools may be obliged to consider whether misconduct is a “manifestation” of a child's disability. In other words, they must consider whether the disability directly or indirectly caused the behavior.
Qualifying for a Manifestation Determination Review
In Iowa, schools can conduct a manifestation determination review for any level of misconduct allegations. However, schools are compelled to perform such reviews if they are considering removing the child from the school setting for:
- More than ten consecutive days
- More than ten school days for behavior perceived to be a pattern
- Removal for up to 45 school days
Manifestation Determination Review Procedure
Parents and members of the student's IEP team should attend a meeting within to ten days of the decision to take significant disciplinary action against the child. All relevant information, such as the child's IEP, behavioral assessments, teacher observations, and other documentation, should be reviewed.
You may have the right to legal representation in Iowa for manifestation determination reviews. Our firm can explain your rights as they relate to your institution.
Outcome of Manifestation Determination Reviews
According to Iowa education law, there are two possible outcomes:
- The behavior is not a manifestation of the child's disability. They will be subject to the same disciplinary procedures and sanctions as non-disabled students.
- The behavior is a manifestation of the disability, or it's a direct result of the school's failure to implement an IEP correctly. The student will receive a behavioral assessment, and their education plans should be modified accordingly.
What Happens if a Student Does Not Qualify for a Manifestation Determination Review?
As mentioned, schools can review a child to confirm if behavior is a manifestation of their disability at any time. If the student does not qualify for a determination review, there's a significant risk that they could face unfair, unjust, or disproportionate disciplinary action. They could be removed from class or suspended without due process.
You may request that the school perform a manifestation determination review. Should you be dissatisfied with how the school handles your request, the Lento Law Firm can assist. We can liaise with the school to ensure that they fully consider your child's disability when determining how to address a disciplinary matter.
What if I Did Not Disclose a Disability Before Enrollment?
Schools are obligated, under Iowa and federal law, to identify students with disabilities who require IEPs or reasonable adjustments to accommodate behavioral or learning difficulties. You can request an assessment of your child if you deem it necessary, but the school also bears significant responsibility for identifying a possible issue and implementing the necessary adjustments to allow a child to thrive in the classroom.
College and universities are a different matter. It's the student's responsibility to identify themselves as disabled to the school campus and to request accommodations or adjustments. They may require supporting evidence, such as previous IEPs or school records, to receive these accommodations.
School Offices of General Counsel will not show leniency just because a college or university student did not declare a disability. There's even a risk that they may interrogate or question the student for failing to declare the disability prior to enrolment. This could cause the student further distress and anxiety.
- If a school fails to recognize a possible disability before sanctioning your child, there's a risk that your child will face unfair and overly harsh disciplinary action.
- If a disabled college student is subject to disciplinary action, and they did not alert the school to their disability prior to the conduct in question, they should do so immediately as it may still form part of their defense.
The Lento Law Firm can assist if you're unsure whether a school or campus is aware of a disability.
Appealing Disciplinary Action Against Students with Disabilities in Iowa
It may be possible to appeal disciplinary action in Iowa against K-12 students. For example, parents of K-12 students can request a Due Process Hearing by making a Due Process Complaint if they disagree with disciplinary sanctions or have concerns about how the school handled the matter. This hearing is formal in nature and can be stressful for the child involved. However, it's often possible to resolve matters informally through attorney negotiations, which is why we urge you to call the Lento Law Firm Student Defense Team for advice.
College appeals procedures vary by institution. Typically, though, you can appeal a decision, within a short timeframe, so long as you have sufficient grounds for an appeal, e.g., the college failed to fully consider evidence of the disability, or they did not apply their own procedures correctly.
Why You Need Legal Advice for Disabled Student Misconduct Allegations
While it may be tempting to try to negotiate or handle disciplinary matters alone, here's why this is not advisable.
- Your student has specific legal, constitutional, and procedural rights. Only an experienced attorney understands the nuances and complexities involved in upholding these rights.
- A school will not hesitate to discipline a student for perceived misconduct – even students with complex learning and behavioral needs. An attorney will ensure that a school complies with its legal and procedural obligations towards your student, ensuring that they are treated fairly.
- School officials may have access to their own legal counsel, especially for more complex matters involving possible disability discrimination. You need your own legal counsel, or you'll be immediately at a disadvantage.
- It's often possible to avoid lengthy or formal disciplinary proceedings when an experienced attorney becomes involved. At the Lento Law Firm, we pride ourselves on our ability to negotiate with school officials at all levels, and, in many cases, we can avoid protracted or formal legal procedures. We will liaise with school districts or the Office of General Counsels to bring the matter to the most effective possible conclusion.
Ultimately, disciplinary action is stressful enough without having to go it alone. Let us stand alongside you – call the Lento Law Firm now to schedule a meeting.
How Can the Lento Law Firm Help?
Every student deserves full, equitable, and impartial access to education across the US. The Lento Law Firm Team is committed to ensuring that students receive the education they're entitled to, no matter how complex their learning or behavioral needs might be.
Without legal support and advice at this critical stage in your special needs student's development, they're at the mercy of school disciplinary procedures. These procedures are rarely designed with disabled students in mind, and so your student could face unjust, rushed, and manifestly unfair disciplinary action simply because they do not have an advocate to defend them and uphold their rights.
The Lento Law Firm is committed to ensuring that this does not happen. So, when you retain our Student Defense Team, here is what you can expect from us.
- A comprehensive case review to ensure we fully understand the extent of the student's disabilities and the issues at hand.
- A clear strategy for how we propose resolving the matter, whether this means seeking a dismissal or negotiating an alternative sanction.
- Guidance at every stage of the process, so you are never in any doubt as to how matters are progressing.
- Unwavering commitment to ensuring that a school student's IEP needs are met or that a student's university is offering fair and reasonable disability accommodations.
- Experienced negotiators liaising with school offices of general counsel to bring matters to the most favorable possible conclusion as swiftly as possible.
Your disabled student's education is too precious to leave anything to chance. You need the right advocates on your side – you need the Lento Law Firm.
Premier Law Firm Serving Disabled and Special Education Students Across Iowa
No student is exempt from a school or university's disciplinary process. However, students with disabilities must be treated fairly, and schools must respect their protected rights to education and due process.
If you have a student with a disability facing disciplinary action, it's crucial that you get legal advice urgently. Otherwise, there's a risk of serious and ongoing damage to their academic, social, and behavioral progression.
That's where the Lento Law Firm can assist. Whether the aim is to have the complaint dismissed or to mitigate the proposed punishment, the Lento Law Firm is standing by, waiting to help. The Lento Law Firm Student Defense Team serves students in need across Iowa and the entire US – wherever you need us, we'll be there. We champion the rights of disabled and special needs students to ensure they have fair access to the education and opportunities they deserve. We rigorously challenge unfair sanctions and situations where schools fail to support or recognize a disability matter.
Whether you have a young student with special education needs or you're a college student looking for guidance, contact the Lento Law Firm now at 888.535.3686. The sooner you call, the quicker we can identify a course of action for handling disciplinary negotiations effectively. Don't delay in seeking the support and guidance you and your family deserve. Call or leave us a message online now.
