When students with disabilities face unjust disciplinary action from their high school or college, the consequences can be devastating. Whether attending the University of New Mexico, New Mexico State University, Albuquerque Public Schools, or Santa Fe Public Schools, these students often encounter unique challenges that require specialized support and accommodations. When educational institutions fail to provide these necessary measures and instead wrongly discipline students with disabilities, it can derail their academic progress and jeopardize their future prospects.
The experienced Student Defense Team at the Lento Law Firm recognizes the critical importance of protecting the rights of students with disabilities in New Mexico's educational system. They understand that disciplinary actions taken against these students can have far-reaching effects, including loss of educational opportunities, damage to their reputation, and even hindered career aspirations.
If you or your child with disabilities has been subjected to unjust disciplinary measures by their school, it is essential to seek skilled legal representation in order to protect your rights and ensure a fair resolution. The Lento Law Firm's Student Defense Team is dedicated to advocating for students with disabilities and holding educational institutions accountable for their actions. Contact the Lento Law Firm to discuss your case, explore your options, and take steps to safeguard your future and preserve your access to education. Don't let wrongful discipline define your academic journey; reach out to the Lento Law Firm's Student Defense Team at 888.535.3686 or through the online form for the support and guidance you need during this challenging time.
The Rights of Students with Disabilities
Several federal laws protect the rights of students with disabilities at both the high school and college/university levels. The two most significant laws are:
Individuals with Disabilities Education Act (IDEA):
IDEA is a federal law that helps ensure students with disabilities receive a free and appropriate public education (FAPE) tailored to their individual needs. It applies to students from birth through high school graduation or age 21, whichever comes first. Under IDEA, schools must develop an Individualized Education Program (IEP) for each student with a disability, outlining the specific accommodations, modifications, and support services they require. IDEA mandates that students with disabilities be educated in the least restrictive environment (LRE) appropriate to their needs.
Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA):
Section 504 and the ADA are both civil rights laws that prohibit discrimination against individuals with disabilities in programs and activities that receive federal funding, including public schools and most colleges and universities. These laws require schools to provide reasonable accommodations to students with disabilities to help ensure equal access to education. At the college level, students with disabilities are responsible for self-identifying and providing documentation of their disability to the school's disability services office to request accommodations. Accommodations may include extended time on tests, note-takers, interpreters, or accessible housing, among others. Unlike IDEA, Section 504 and the ADA do not require colleges to create IEPs or provide FAPE, but they must still offer reasonable accommodations to ensure equal access.
Other relevant laws include:
- The Family Educational Rights and Privacy Act (FERPA) was established to protect the privacy of student education records and grants parents or eligible students the right to access and amend these records.
- The Higher Education Opportunity Act (HEOA) is a reauthorized and amended version of the Higher Education Act of 1965, which includes provisions to increase access and support for students with disabilities in postsecondary education.
Student Disabilities and Code of Conduct Violations
Code of conduct violations in New Mexico high schools and colleges can vary depending on the specific institution and its policies. However, some common examples include:
- Academic dishonesty, such as cheating, plagiarism, or forgery
- Bullying, harassment, or intimidation, including cyberbullying
- Fighting, physical aggression, or assault
- Possession, use, or distribution of drugs, alcohol, or tobacco products
- Possession of weapons or dangerous objects
- Theft or vandalism of school property or another person's belongings
- Truancy or excessive unexcused absences
- Disruptive behavior or defiance of school authority
- Inappropriate use of technology, such as using cell phones during class or accessing inappropriate content on school computers
- Dress code violations
- Alcohol and drug offenses, such as underage drinking, public intoxication, or possession of illegal substances
- Sexual misconduct, including sexual harassment, sexual assault, or stalking
- Hazing or other dangerous initiation practices
- Hate crimes or discrimination based on race, gender, religion, sexual orientation, or disability.
- Theft, vandalism, or damage to university property or another person's belongings
- Unauthorized access to university facilities or computer systems
- Disorderly conduct or disruptive behavior that interferes with school operations or the rights of others
Consequences of Code of Conduct Violations
The consequences of code of conduct violations can vary depending on the severity of the offense, the specific institution's policies, and the student's disciplinary history. Some expected consequences include:
- Verbal warning or reprimand
- Written warning or disciplinary referral
- Parent or guardian notification and conference
- Detention or in-school suspension
- Out-of-school suspension, typically ranging from 1-10 days
- Exclusion from extracurricular activities or school events
- Community service or restorative justice measures
- Behavioral contracts or probation
- Alternative educational placement
- Expulsion from the school district is usually reserved for severe or repeated offenses.
- Mandatory counseling or substance abuse treatment
- Notation of the disciplinary action on the student's academic transcript
- Referral to law enforcement for criminal offenses
Students have the right to due process in disciplinary proceedings, which typically includes the right to be notified of the charges against them, the opportunity to present their case and evidence, and the right to appeal the decision. In cases involving students with disabilities, the institution must also consider whether the student's disability played a role in the misconduct and provide appropriate accommodations throughout the disciplinary process.
Disciplinary Oversight in New Mexico Schools
In New Mexico, the disciplinary process in high schools is primarily overseen by the local school district and the individual school administration. However, the New Mexico Public Education Department (NMPED) plays a role in establishing guidelines and ensuring compliance with state and federal laws.
For students with disabilities with an Individualized Education Program (IEP), the school's special education team plays a crucial role in the disciplinary process. The team, which typically includes the student's parents, teachers, and school administrators, must conduct a manifestation determination review (MDR) when a student with a disability faces disciplinary action that could result in a change of placement. The MDR determines whether the student's behavior is a manifestation of their disability and guides the appropriate disciplinary action while ensuring the student's rights under IDEA are protected.
For students in New Mexico colleges and universities, the individual institution's administration establishes its own code of conduct and disciplinary policies, with some oversight from state-level entities. The administration, typically through the Office of Student Affairs or a similar department, is responsible for enforcing these policies and handling student discipline.
The governing body of each college or university, often referred to as the Board of Regents or Board of Trustees, is responsible for approving the institution's policies, including those related to student conduct and discipline. The board may also serve as the final appeal authority for students who wish to contest disciplinary decisions made by the administration.
For students with disabilities, each institution's Disability Services Office plays a crucial role in ensuring a disabled student's rights are protected throughout the disciplinary process. This may include providing accommodations during hearings, ensuring that the student's disability is considered in the context of the alleged misconduct, and working with the administration to implement appropriate sanctions that do not discriminate based on the student's disability.
While colleges and universities have significant autonomy in handling student discipline, they must still comply with state and federal laws, provide due process, and protect the rights of all students, including those with disabilities. Students who believe their rights have been violated during the disciplinary process may seek recourse through the institution's internal grievance procedures or, if necessary, through legal action.
New Mexico Disciplinary Process for Students with Disabilities
The disciplinary process for students with disabilities in New Mexico is governed by the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act. These laws provide additional protections to ensure that students with disabilities are not unfairly disciplined for behavior related to their disability. The process typically involves the following steps:
Manifestation Determination Review (MDR):
When a student with a disability faces disciplinary action that could result in a change of placement (such as suspension for more than 10 days), the school must conduct an MDR. The MDR team, consisting of the parent, relevant members of the student's Individualized Education Program (IEP) team, and other qualified personnel, reviews the student's file, IEP, teacher observations, and other relevant information. The team determines whether the student's conduct was a manifestation of their disability or a direct result of the school's failure to implement the IEP.
If the conduct was a manifestation of the disability, the school must conduct a functional behavioral assessment (FBA) and implement or modify a behavioral intervention plan (BIP) to address the behavior. The student returns to their original educational placement unless the parent and school agree to a change of placement as part of the BIP. If the conduct was a direct result of the school's failure to implement the IEP, the school must take immediate steps to remedy those deficiencies.
If the conduct was not a manifestation of the disability, the student may be disciplined in the same manner as students without disabilities. However, the school must continue providing educational services to the student during the removal period, enabling them to progress in the general curriculum and toward their IEP goals. In cases involving weapons, illegal drugs, or serious bodily injury, the school may remove the student to an interim alternative educational setting for up to 45 school days, regardless of whether the conduct was a manifestation of the disability.
Parents have the right to appeal disciplinary decisions through due process hearings if they disagree with the MDR determination or the proposed disciplinary action. The student typically remains in the interim alternative educational setting during the appeal process unless the parent and school agree otherwise.
Throughout the disciplinary process, schools must ensure that students with disabilities receive the necessary support and services outlined in their IEPs. They must also consider the unique circumstances of each case and make individualized decisions based on the student's needs and the nature of the misconduct. By following these procedures, schools aim to balance the need to maintain a safe learning environment with the responsibility to protect the rights of students with disabilities.
The Lento Law Firm Can Help You Get the Support Your Child Deserves
Navigating the disciplinary process for students with disabilities in New Mexico can be a complex and daunting task. The laws and regulations in place, such as IDEA and Section 504, provide essential protections for these students, but understanding and enforcing these rights can be challenging for parents and students alike. When facing disciplinary action, it is crucial to ensure that the school follows the proper procedures, including conducting a manifestation determination review and providing the necessary support and services.
If you or your child with a disability has been subjected to disciplinary measures that you believe are unjust or discriminatory, it is essential to seek the guidance of experienced legal professionals. The Student Defense Team at the Lento Law Firm is dedicated to protecting the rights of students with disabilities and ensuring they have equal access to education.
Don't let disciplinary action jeopardize your child's future or their right to a free and appropriate public education. If your child is facing suspension, expulsion, or other disciplinary consequences, contact the Lento Law Firm's Student Defense Team at 888.535.3686 or through the online form to discuss your case and help your child's education and future are not derailed by unjust disciplinary action.
