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Individual colleges, universities, and K-12 schools in Utah may operate differently, but one thing they all have in common is a student code of conduct. These codes were devised to ensure that all students behave in a manner that facilitates a positive learning environment. Accordingly, educational institutions reserve the right to discipline students whose behavior violates that code. However, a “one size fits all” disciplinary policy can disadvantage students with special needs or learning disabilities.
Are you a student or parent of a Utah student with learning disabilities who is facing disciplinary charges for violating their school's code of conduct? Utah law requires these cases to receive proper handling that respects the rights of the accused and accommodates their unique situation. Unfortunately, that doesn't always happen. Protect your due process rights and call the Student Defense Team at the Lento Law Firm at 888-535-3686 or contact us online today.
Whether it's at the university, community college, or K-12 level, academic administrations are under intense pressure to identify and discipline students who are suspected of violating the code of conduct or harming the overall academic environment. This pressure can cause administrators to make decisions that don't fully respect the rights of the accused, especially when the accused party has special needs or a learning disability.
Facing academic discipline is hard enough under the best of circumstances, but having special needs or learning disability adds an extra layer of complication to these situations. In many cases, the school code of conduct, along with the standard procedures for investigating misconduct, tilt the scales heavily in the institution's favor. Sadly, the rights of the accused can be trampled in this disciplinary process.
Yes, all students must conform to disciplinary standards, but both federal and Utah laws require the state's schools, colleges, and universities to institute a disciplinary procedure that recognizes the challenges faced by students with learning disabilities. Whether it is a sexual harassment case or a different kind of disciplinary violation, you have the right to a fair and impartial disciplinary process.
If you believe your rights to due process are not being respected, or that the institution charging you with misconduct is not making reasonable accommodations concerning your disability, there is a way to fight back. Being represented by a student defense team or having the assistance of legal counsel with experience in these matters can make a difference. At a minimum, you can make sure your rights are respected.
Academic Misconduct and Students with Learning Disabilities
It's an essential mission of every academic administration to make sure all students complete their academic coursework without plagiarism or giving themselves an unfair advantage through cheating. However, this mission can conflict with the reality of being a student with a learning disability. The Americans with Disabilities Act (ADA) requires schools to make reasonable accommodations for students with learning disabilities.
Unfortunately, many academic institutions don't always balance the scales properly between reasonable accommodations and holding students accountable for misconduct. This can lead to students with learning disabilities being disproportionately affected by the very standards the institution is seeking to uphold. That's why it's so important for you to be proactive and call our Student Defense Team if you find yourself facing academic misconduct charges.
What Are Some Reasonable Accommodations Schools Might Make for Students with Learning Disabilities
There is a wide range of potential accommodations a learning institution might make to ensure a student with learning disabilities has the same access to a quality education as students without learning disabilities. Examples of those accommodations may include:
- Giving special needs students a reasonable amount of extra time to complete assignments or take exams
- Allowing students with learning disabilities to record lessons with a video or audio device
- Giving students the option of taking exams orally instead of writing out their answers
- Allowing students to take exams in isolated areas that are free of distractions
- Allowing students to use calculators or other mechanical aids to complete assignments or take exams
Ask for Reasonable Accommodations First
One thing that's important to remember here is that every university or college has different policies concerning what reasonable accommodations it makes for students with learning disabilities. That policy could differ from the last college or university you attended. If you are a student at this level, it is your responsibility to familiarize yourself with these accommodations and make the school administration aware of your situation.
Do not simply grant yourself the special accommodations you believe you need or assume that your current institution's reasonable accommodations are the same as they were at your last school. In most cases, the decisions about reasonable accommodations are made collaboratively between your professors, division chairs, and university administrators. If you act unilaterally and avail yourself of accommodations without permission, you may unwittingly violate your university's code of conduct.
If you don't feel like your university is making reasonable accommodations after you made them aware of your special needs or learning disabilities, you should consider seeking representation from a legal team with experience in these matters. Although you are not required to advise the university of your situation, failing to do so can lead to misunderstandings and accusations of misconduct.
Title IX, Sexual Misconduct Allegations, and Student Disabilities
The issue of sexual misconduct, harassment, or Title IX violations is almost always highly charged and has the potential to raise emotions to a high pitch. That's why you can expect your university to act swiftly if you're accused of any of these offenses. Regardless of whether you have a learning disability, the university administration will be under intense pressure to investigate and sanction you.
With that said, you still have due process rights that the university's investigation and disciplinary regimen must respect. It's not an uncommon occurrence for university disciplinary policies to conflict with the requirement that they make reasonable accommodations for your disability. If you believe you've been unfairly treated or that reasonable accommodations aren't being made, the Student Defense Team at the Lento Law Firm can help.
What to Do if You Are a Student with Learning Disabilities Facing Title IX or Sexual Misconduct Allegations
If you have not already made your university administration aware of your learning disability, it may be in your best interest to do so as soon as you find out you're being investigated for Title IX violations or sexual misconduct. Do not simply assume the university will “go easy” on you because of your condition. Be proactive and contact the Lento Law Firm. Our Student Defense Team has experience advocating for people in your situation.
Student Disabilities and Misconduct Discipline at the K-12 Level
In general, universities have more leeway than schools at the K-12 level when it comes to setting policies for disciplining student misconduct. Another significant difference between universities and K-12 schools is that university students are free to disclose their learning disability or keep it private. By contrast, Utah and federal law designates schools with the responsibility of identifying students who may have special needs or learning disabilities.
The Individuals with Disabilities Education Act (IDEA) outlines several different disabilities that students may have and guarantees them the right to an adequate public education. If school staff believe a student has learning disabilities, they are required to evaluate the student to determine what (if any) disabilities the student has and the extent to which those disabilities will require special services.
Once this determination is made, Utah law gives members of the school staff 30 days to meet with the student's parents (or guardians) and develop an Individualized Education Plan (IEP) that accomplishes the following goals:
- Establishing a set of attainable academic goals for the student
- Defining the services the school or school district will need to provide for the student
The IEP is a comprehensive written plan that functions something like a contract between the student, their parents, and the school district.
Disciplinary Processes for K-12 Students with Disabilities
Students with disabilities at the K-12 level are still subject to discipline for improper conduct. However, the IDEA recognizes that some students with IEPs may exhibit behavior that is caused by their condition as opposed to a desire to be disruptive or violate school policies. That's why the IDEA establishes a procedure that schools must follow when the violation is so severe or repetitive that the discipline involves a change of placement.
A change of placement is classified as discipline that results in a suspension of 10 consecutive days. Students with disabilities who have been suspended for ten non-consecutive days (or partial days) for repeatedly committing the same or similar infractions are also covered under the IDEA's change of placement requirement.
Before a change of placement can occur, the student's IEP team must implement a procedure known as a Manifest Determination Review (MDR).
The MDR is where it will be determined whether the student's misconduct is connected to their disability or the result of a failure by the school to abide by the terms of the IEP. Parents must be notified of any decision involving a change of placement on the day the discipline is handed down via a written notice. The MDR hearing must be held at a time and place convenient to both the parents and the school.
How Does an MDR Hearing Work?
At an MDR hearing, the school and the IEP team will use a combination of factors to make their determination. Some of these factors include, but are not limited to:
- A review of the student's conduct leading up to the change of placement
- Whether a change of placement is an appropriate punishment
- Individual observations from the student's teacher(s)
- Input from the student's parents
If the IEP team decides that the misconduct is related to the student's disability, they will implement a series of safeguards, including a behavioral assessment and an action plan based on that assessment. The action plan would be designed to prevent future instances of misconduct by the student and assess when the student will be allowed back to school.
If the IEP team decides that the misconduct is related to the school's failure to abide by the IEP, they monitor and retrain the school staff as necessary to ensure the school complies with the IEP. If the misconduct is new behavior that isn't covered by the existing IEP, the IEP team devises new protocols to minimize the chances that the student will repeat the misconduct.
A Manifest Determination of No
In a manifest determination of “No,” ,” the IEP decides that the student's misconduct is neither related to their disability nor a failure by the school to implement the IEP; the school will be free to discipline the student in the same fashion they would discipline a student who does not have learning disabilities. That means the change of placement will stand.
How to Defend Your Child at an MDR
The outcome of an MDR hearing in a student disciplinary matter could have a tremendous impact on the academic future of a student with learning disabilities. Being isolated from school or a break in their everyday routine disrupts a student's academic progress and can have a disproportionately negative outcome on a student's attitude towards education.
This is why it's so important for you as a parent to avail yourself of every resource in defense of your child's academic standing at an MDR hearing. IEP teams make mistakes in judgment, them, and sometimes, schools conceal information that would negatively affect administrators or teaching staff. Having the benefit of an experienced student defense legal attorney on your team is one way to make sure your child's rights are protected.
Office of General Counsel Review
It's important to know you still have recourse in situations where you have gotten an adverse ruling after a disciplinary hearing. The Office of General Counsel or OGC is the group of attorney who represent individual Utah schools or universities.
It is sometimes possible to negotiate directly with the OGC to find a mutually agreeable alternative to the original ruling. The Lento Law Firm Student Defense Team has extensive experience working with OGC's all over the country and reaching settlements that allow students to continue with their education. Providing this service is another part of our commitment to giving you the best representation possible in student disciplinary matters.
Defense for Students with Learning Disabilities at all Levels
It doesn't matter whether you are a student with learning disabilities at a Utah college, university, or the K-12 level. You deserve fairness, transparency, and equality in the student discipline process. Unfortunately, that doesn't always happen. School administrators are fallible, and they make mistakes in judgment every day. Those mistakes don't have to impact your future.
The experienced Student Defense Team at the Lento Law Firm can guide you through every step of the MDR or university disciplinary process and defend your right to an education under the IDEA. Your best interests are our only priority, and we are committed to getting fair treatment for you in any disciplinary matter. If you are facing student discipline of any kind, call our Student Defense team at 888-535-3686 or contact us online today.
