Every student has the right to a safe learning space that's free from harassment, discrimination, and other types of unfair treatment. This right applies at all academic levels in California, including high schools and colleges. To provide this environment, some rules outline how students should behave. California schools will also have a process that describes what happens if a student breaks these rules. At a minimum, this process must meet basic requirements set out by federal law. For example, the California Education Code that addresses the disciplinary process for students with special needs states that the process must follow the federal law requirements.
These procedures used by schools in California are designed to be as fair as possible, protect students, and account for the rights of both sides to the alleged incident. However, things can become unfair for the accused student if they have a disability. This disability may be a contributing factor as to why the student got into trouble in the first place. Alternatively, the student may be entitled to a modified disciplinary process when facing certain punishments.
Depending on the accusation, a student disciplinary proceeding could result in serious ramifications, ranging from lost learning time to a suspension or expulsion. If you or your child has a disability and faces disciplinary action from the school, it's critical to get help dealing with the accusations by contacting the Lento Law Firm Student Defense Team. Out nationwide education lawyers understand how the student discipline process can be different when the accused has a disability. You can reach us by contacting us online or by calling us at 888-535-3686
Student Defense Issues for College Students in California
Your school's exact student discipline process should be in the student handbook or on your school's website, as is the case with the University of California, Davis. The student handbook or website should also list prohibited behaviors. Every school's list will be different but often includes:
- Alcohol-related offenses
- Academic dishonesty
- Sexual misconduct
- Use or possession of illegal drugs
- Property damage or theft
- Hazing
- Misuse of computer resources
If found responsible for violating one or more school rules, a student could potentially face harsh penalties, such as
- Suspension
- Expulsion
- A reduced or failing grade
- A letter of reprimand placed in the student's file
- Revocation of an academic credential, such as a degree or certificate.
- Lost tuition
Whether or not you have a disability, you must usually follow the same rules as any other classmate. You'll also usually face the same potential punishment if you violate those rules. That being said, there are situations where your disciplinary process could be different if you have a recognized disability.
The Disciplinary Process for California College Students with Disabilities
If your university or college is aware of your disability, it could entitle you to a modified disciplinary process to accommodate your disability. Your disability might also affect the disciplinary process in that the disciplinary committee could take it into account when determining your level of responsibility or what punishment you could face if found responsible.
However, no matter what modifications are made, you should always have the right to receive notice of the charges against you and identify the evidence being used to support those charges. You should also be allowed to review this evidence, present your own evidence, and make a statement in your own defense.
If a disciplinary hearing is required (usually only the more serious offenses receive a formal hearing), you'll usually have the right to have someone to provide support during the hearing.
Receiving an Accommodation During the Disciplinary Process
At a minimum, there will often be three parts of the student discipline process. First, there's the investigation, where the school reviews the allegations in the complaint and checks for evidence that would support charging the student with misconduct.
Second, there will be a hearing. This can be like a mini-trial where the school allows both sides to present evidence (including witnesses) and then makes a decision.
Third, if the student accused of misconduct isn't happy with the decision from the hearing, they can usually file an appeal.
At some schools and for certain offenses, there could be an additional step. A school might hold a conference or informal meeting after the investigation but before a hearing. The purpose of the conference is to informally resolve the complaint made against the accused.
If you're a California college student with a disability and eligible for an accommodation, you could receive an accommodation during any part of the discipline process. The exact accommodation will depend on the charges against you, the nature of your disability, and the school's available resources.
Here are some examples of accommodations that you might potentially expect:
- Having a close family member, personal assistant, counselor, or other trusted individual present during hearings.
- Providing evidence in alternative formats, such as a written statement instead of live testimony.
- Holding the hearing or conference in a different location to reduce the chances of becoming overwhelmed during the hearing process.
- Receiving additional time to respond to questions or provide information during the investigation or hearing.
- The right to pause or delay a proceeding if you get overwhelmed.
How Your Disability Could Affect the School's Findings of Responsibility or Punishments Issued
In specific circumstances, your disability may have played a role in the alleged misconduct. For instance, let's say you might have Attention Deficit Hyperactivity Disorder (ADHD). Despite having this diagnosis, you decide not to tell anyone at your school. Because no one at your school knows of your ADHD, you don't receive any accommodations for your ADHD disability, such as having additional time for completing assignments.
Because you haven't received any accommodations, you are struggling academically and are already on academic probation for poor grades. In one particular class, one-third of the final grade is based on a final paper. Unfortunately, you turned in your paper a day late because your ADHD made it harder for you to focus during the research and writing process.
Your professor refused to accept your late paper, and because it was such an important part of your class grade, you failed the class. This failing grade means you're now at risk of getting expelled from the school.
In this hypothetical, if the school's academic disciplinary committee were to learn of your disability, there's a reasonable chance your punishment will be far less severe than if you didn't have a disability. The committee may not give you an automatic passing grade, but they probably will agree not to expel you and provide you with academic accommodations because of your disability.
What California College Students Should Do If Facing Disciplinary Action
If you're facing a student discipline process, make sure the school is aware of your disability. As discussed above, it will make it easier to ensure you're treated fairly, which could make a significant difference in how the process goes and what happens to you. You should also seek outside guidance, such as contacting the Lento Law Firm Education Law Team.
The Disciplinary Process for High School Students with Disabilities
Broadly speaking, the disciplinary process for high school students will be the same as for college students. This is because the student will receive notice of the accusations and have an opportunity to present a defense to those accusations. However, that's where the similarities end.
The student discipline process for California high school students (and most other students at the K-12 level) is different in that there are special federal or state laws that outline how the process should go. In particular, many students with disabilities will have an individualized education program, or IEP. There's also the fact that because most accused students are minors, their parents will have a greater role in the process.
The Discipline Process for a Student with an IEP
Generally speaking, California students with an IEP are subject to disciplinary action just like any other student. California's Education Code outlines this general process for most students. However, these legal mandates cannot override federal law when it comes to special needs students and the disciplinary process that applies to them. Additionally, the nature of the infraction, as well as the potential punishment, can dramatically change how the discipline process goes.
For example, if a student gets in trouble and faces suspension of less than ten days, they'll usually be treated like any other student in terms of the disciplinary process. Once the suspension reaches ten days (or is more severe, like an expulsion), then the school must have a manifestation determination meeting. This meeting must occur within ten days of the decision to expel or change the student's placement for more than ten days.
There are two reasons for having the manifestation determination meeting. First, it's to examine if the student's disability contributed to the behavior that got them into trouble. Second, it's to see if the student's behavior was the result of the school's failure to properly implement the IEP.
If the answer to either question is “yes,” then the student may not receive a punishment that exceeds ten days, and any change in placement can only occur if the parent agrees to the chance or if a special order is entered.
If the manifestation determination meeting finds that the behavior was the result of the student's disability, then the student can usually return to their prior placement unless the IEP team decides a new placement is necessary.
The school must also complete a functional behavioral assessment or modify the student's existing behavioral intervention plan to address the behavior that led to the student's discipline.
If the answer is “no” to either question, then the student may receive a punishment that exceeds ten days.
In certain cases, the school may change the student's placement immediately and put them in an Interim Alternative Educational Setting (IAES) for up to 45 days, even if the student's behavior was the result of their disability. The student may be placed in an IAES if the school believes the student:
- Brought a weapon to school;
- Knowingly used, possessed, sold, or purchased illegal drugs at school; or
- Seriously injured another person while at school.
Even if the school accuses the student of any of the above and places them in an IAES, the school must still hold a manifestation determination meeting within ten days.
If the parent disagrees with the results from the manifestation determination meeting, they can request a due process proceeding to dispute the manifestation determination meeting's findings. In most cases, until this due process proceeding ends, the student may remain in their current placement.
The Student Discipline Process When There's No IEP
If a student has a disability but doesn't have an IEP, they could receive the same rights as a student with an IEP. IEP protections apply if the school knew or should have known of the student's disability. This will usually occur if, before the alleged misbehavior:
- The parent wrote to the school to express the belief that their child needed special education services;
- The parent formally requested that their child be evaluated for special education services; or
- A teacher or other school personnel expressed concerns to the school's special education official or other appropriate individual about the student's behavior.
There are three scenarios where a school won't be deemed to have knowledge of the student's disability for purposes of student discipline. First, the school already evaluated the student and concluded they weren't eligible for an IEP. Second, the parent refused to allow their child to be evaluated. Third, the parent refused special education services for their child.
Student Defense Against High School or College Misconduct Charges
Whether you're dealing with a student discipline process at the college, high school, or lower education levels, it can be a complicated and intimidating process. And with so much on the line, there's a lot of stress and anxiety that you or your child's disability may lead to an unfair disciplinary process.
This is why the moment you find out that you or your child faces disciplinary action from the school, you must seek the assistance of experienced education lawyers from the Lento Law Firm. The Student Defense Team will ensure you or your child receives fair treatment during the discipline process and that all rights are protected when dealing with the school's office of general counsel. You can reach us by calling 888-535-3686 or through our online contact form.
