In Nevada, students attend a wide range of educational institutions, from universities like the University of Nevada, Las Vegas (UNLV) and the University of Nevada, Reno (UNR). At the high school level, large public school districts, including the Clark County School District and the Washoe County School District, serve most students. Like educational institutions nationwide, these schools have the authority to establish codes of conduct and hold students accountable when they violate these rules. However, when creating these policies, some institutions fail to adequately consider the unique needs and rights of students with disabilities.
This oversight can lead to students with disabilities facing unfair disciplinary processes at various educational levels. For example, a student with ADHD may struggle to adhere to strict classroom behavior policies, resulting in disciplinary action that fails to address the underlying disability. Similarly, a student with autism may face suspension or expulsion for social interactions that are misinterpreted as aggressive or disruptive. When educational institutions do not provide appropriate accommodations or consider the impact of a student's disability on their behavior, they risk violating the student's rights under federal and state laws.
If you or your special needs child is facing disciplinary action by their school in Nevada, it is essential to seek the help of experienced legal professionals who understand the unique challenges and rights of students with disabilities. The Lento Law Firm's Student Defense Team has a proven record of successfully fighting for the rights of students with disabilities and ensuring that educational institutions adhere to their legal obligations. By working with our team, you can protect your child's right to an education and ensure that they are not unfairly penalized for behavior related to their disability. Don't let inadequate school policies jeopardize your child's future—contact the Lento Law Firm's Student Defense Team today at 888.535.3686 or through the online form to discuss your case and explore your options.
The Rights of Students with Disabilities
Students with disabilities have several important rights under federal law, particularly under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA).
These federal laws ensure that students with disabilities have equal access to education and are not discriminated against based on their disability. When schools fail to uphold these rights, students and their families may need legal assistance to protect their interests.
These rights include:
- Free Appropriate Public Education (FAPE)
Under the IDEA, students with disabilities are entitled to a free, appropriate public education tailored to their individual needs.
- Least Restrictive Environment (LRE)
Students with disabilities should be educated alongside their non-disabled peers to the maximum extent appropriate.
- Individualized Education Program (IEP)
The IDEA requires schools to develop an IEP for each student with a disability, outlining their educational goals, necessary accommodations, and support services.
- Accommodations and modifications
Students with disabilities are entitled to appropriate accommodations and modifications to ensure equal access to education. This may include extra time on tests, modified coursework, or assistive technology.
- Protection against discrimination
Section 504 and the ADA prohibit discrimination against students with disabilities in educational settings.
- Procedural safeguards
The IDEA provides procedural safeguards to protect the rights of students with disabilities and their families, including the right to due process hearings and the right to appeal decisions.
- Discipline protections
Students with disabilities have additional protections when facing disciplinary action. Schools must determine if the misconduct is a manifestation of the student's disability and provide appropriate behavioral support.
- Transition services
The IDEA requires schools to provide transition services to help students with disabilities prepare for post-secondary education, employment, and independent living.
Student Disabilities and Academic Misconduct in Nevada High Schools and Colleges
In Nevada, the Nevada Department of Education's Office of Inclusive Education ensures all students are college- and career-ready when they leave the public school system. The Nevada General Supervision System (NVGSS) is the Nevada Department of Education's process for monitoring, documenting, and enforcing accountability for the implementation of IDEA and the Nevada Administrative Code.
When it comes to academic misconduct and disciplinary issues in Nevada high schools and colleges, students with disabilities face unique challenges. Despite federal protections and the oversight NVGSS offers, students with special needs aren't always treated fairly. When a student with a disability is accused of academic misconduct, such as cheating, plagiarism, or disruptive behavior, schools must consider whether the student's disability played a role in the alleged misconduct. Under the IDEA, schools are required to conduct a manifestation determination review (MDR) to assess whether the student's actions were a direct result of their disability or if the school had failed to implement the student's Individualized Education Program (IEP) properly. If the MDR finds that the misconduct was related to the student's disability or that the school did not follow the IEP, the student cannot be disciplined in the same manner as a non-disabled student. Instead, the school must address the behavior through appropriate accommodations, modifications, and support services outlined in the student's IEP or 504 plan.
In some cases, schools may inadvertently discriminate against students with disabilities by applying disciplinary policies in a way that disproportionately affects these students. For example, a student with ADHD may be punished for impulsive behavior or difficulty following strict rules, even though these challenges are directly related to their disability.
When facing academic misconduct charges or disciplinary action, students with disabilities and their families should be aware of their rights and the school's obligations under federal and state law. If a school fails to consider a student's disability or provide appropriate support, the student may need legal assistance to protect their right to an education and ensure they are not unfairly penalized for disability-related behavior.
Student Disabilities and Code of Conduct Violations
Students with disabilities in high school and college may face various code of conduct violations related to their disabilities. Some common examples include:
- Disruptive behavior: Students with disabilities such as ADHD, autism, or emotional disorders may struggle with impulsivity, social skills, or regulating their emotions, leading to behavior that is perceived as disruptive in the classroom.
- Attendance issues: Students with disabilities may have difficulty attending classes regularly due to medical appointments, therapy sessions, or challenges related to their disability, such as anxiety or chronic health conditions.
- Academic integrity violations: Students with learning disabilities or ADHD may be more likely to engage in academic misconduct, such as cheating or plagiarism, due to challenges with organization, time management, or impulsivity.
- Failure to follow rules or instructions: Students with disabilities may have difficulty understanding or remembering complex regulations or instructions, leading to unintentional code of conduct violations.
- Substance abuse: Students with disabilities, particularly those with mental health disorders, may be more susceptible to substance abuse as a coping mechanism, which can lead to disciplinary action.
- Inappropriate use of technology: Students with disabilities may misuse technology, such as using a phone or laptop in class, due to difficulty focusing or managing distractions.
- Verbal or physical aggression: Some students with disabilities, such as those with emotional disorders or autism, may engage in verbal or physical aggression when feeling overwhelmed or frustrated.
High schools and colleges need to consider the unique challenges faced by students with disabilities when addressing code of conduct violations. These institutions should work with students, their families, and disability services to develop appropriate accommodations, modifications, and support plans that address the root causes of the behavior and help students succeed academically and socially. When they fail to do so, and a child with disabilities is unfairly disciplined, they should be held accountable.
Consequences of Code of Conduct Violations
Code of conduct violations can lead to serious consequences for students with disabilities in high school and college. These consequences may include:
- Disciplinary action: Students may face disciplinary measures such as detention, suspension, or expulsion, depending on the severity and frequency of the violation. These disciplinary actions can disrupt the student's education and create additional challenges.
- Loss of academic credit: If a student is found responsible for academic misconduct, such as cheating or plagiarism, they may receive a failing grade on the assignment or in the course, which can impact their overall academic performance and progress.
- Removal from programs or activities: Students may be barred from participating in extracurricular activities, sports teams, or specialized programs as a result of code of conduct violations.
- Damage to academic reputation: Code of conduct violations can tarnish a student's academic record, making it harder to gain admission to colleges, graduate schools, or professional programs.
- Loss of scholarships or financial aid: Some scholarships and financial aid programs have conduct requirements, and violations may lead to a loss of funding.
- Criminal charges: In some cases, severe code of conduct violations may also constitute criminal offenses, such as assault or drug possession, which can result in legal consequences outside the educational institution.
- Stigma and social isolation: Students with disabilities who face disciplinary action may experience stigma, social isolation, and damage to their relationships with peers and teachers.
Nevada Disciplinary Process for Students with Disabilities
The disciplinary process for students with disabilities in Nevada is governed by federal laws, such as IDEA and Section 504 of the Rehabilitation Act, as well as state laws and regulations, such as the Nevada Administrative Code. When a student with a disability faces disciplinary action, the following process generally applies:
Manifestation Determination Review (MDR)
If a student with a disability faces disciplinary action measures that could result in a change of placement (such as suspension for more than 10 consecutive school days), the school must conduct an MDR within 10 school days. The MDR team, consisting of the student's parents, relevant IEP team members, and other qualified personnel, determines whether the misconduct was a manifestation of the student's disability or a result of the school's failure to implement the IEP properly.
If the misconduct was a manifestation of the disability
If the MDR team determines that the misconduct was a direct result of the student's disability or the school's failure to implement the IEP, the student cannot be disciplined in the same manner as a non-disabled student. Instead, the school must address the behavior through appropriate accommodations, modifications, and support services outlined in the student's IEP or 504 plan. The student must also be returned to their original educational placement unless the parents and the school agree to a change of placement.
If the misconduct was not a manifestation of the disability
If the MDR team determines that the misconduct was not related to the student's disability and that the school properly implemented the IEP, the student may be disciplined in the same manner as a non-disabled student. However, the school must still provide the student with a free appropriate public education (FAPE) and follow the student's IEP or 504 plan.
Interim Alternative Educational Setting (IAES)
In cases involving weapons, drugs, or serious bodily injury, a school may remove a student with a disability from an IAES for up to 45 school days, regardless of whether the misconduct was a manifestation of the disability. The IAES must allow the student to continue receiving educational services and participating in the general education curriculum.
Due process and appeals
If parents disagree with the MDR team's decision or the disciplinary action taken by the school, they have the right to request a due process hearing. Both the parents and the school can appeal the hearing officer's decision to the Nevada Department of Education or file a complaint with the Office for Civil Rights (OCR).
The Lento Law Firm Can Help You Get the Support Your Child Deserves
If you or your child with disabilities is facing disciplinary action by a Nevada college or high school, the Lento Law Firm's Student Defense Team can provide essential support and guidance throughout the process. Our experienced attorneys will thoroughly evaluate your case, reviewing the alleged code of conduct violation, the school's disciplinary policies, and your child's disability documentation to determine whether the school has followed the appropriate procedures under federal and state laws.
Our team will advocate fiercely for your rights, ensuring that your child's protections are upheld under the IDEA, Section 504, and the ADA. We will participate in the Manifestation Determination Review process, presenting evidence and arguments to demonstrate whether the alleged misconduct was a manifestation of your child's disability or a result of the school's failure to implement the IEP properly. We will also negotiate with the school administration to seek a favorable resolution, which may include alternative disciplinary measures, additional support services, or changes to your child's IEP or 504 plan.
Our team will represent you in due process hearings and appeals, presenting strong legal arguments and evidence to support your child's rights and interests if necessary. We will hold the school accountable for complying with federal and state laws protecting students with disabilities, and we will take legal action if needed to ensure your child receives a free and appropriate public education.
At the Lento Law Firm, we understand the stress and challenges that come with facing disciplinary action, particularly for students with disabilities. Our Student Defense Team is committed to providing the emotional support, guidance, and legal experience you need to navigate this difficult time. If you or your child is facing disciplinary action in a Nevada college or high school, contact us today at 888.535.3686 or through the online form to discuss your case and learn how we can help protect your rights and secure the best possible outcome.
