In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
It's always a difficult situation when a K-12 or college/university student faces disciplinary action by their school. When the student has a diagnosed disability, the problem becomes even more complicated and stressful. In these cases, schools must walk a fine line between accommodating the student's disability and maintaining a safe, orderly school environment for the other students. Sometimes, the misbehavior is a direct or indirect result of the disability; other times, it is not. Figuring out to what extent a student's disability played a role is a key to ensuring fair discipline and accommodation for the student. Unfortunately, in many cases, the student's rights may be inadvertently violated in the process of navigating this balance.
For parents and students alike, this moment can be fraught with anxiety and a profound sense of concern, not just for the immediate repercussions on their child's academic record, but for the long-lasting impact it may have on their child's emotional well-being and future opportunities. The complexities of school discipline are magnified for students with disabilities, who may require accommodations or specific considerations that are not immediately apparent or fully understood by educational administrators. The challenge for parents in advocating for their children's rights, while also addressing the misconduct allegations, underscores a delicate balancing act between ensuring just treatment and securing their child's educational and developmental needs.
If your K-12 or college/university student has a disability and is facing disciplinary action from their school, whether for academic misconduct, Title IX violations, or a violation of student conduct policies, your best hope of obtaining a fair and positive resolution is with the help of an experienced education law attorney. The Student Defense Team at the Lento Law Firm has nationwide experience navigating the complex intersection between student disability issues and school discipline. To schedule a consultation, call the Lento Law Firm at 888-535-3686 or complete our secure online form.
How Disabled Students Can Find Themselves Facing School Disciplinary Actions
While any student, disabled or not, is capable of misconduct, it's often much easier for a student with a disability or mental health issue to find themselves crossways of school policies. In many cases, it's not a direct flouting of school rules, but often some combination of misunderstanding, miscommunication, or the manifestation of the disability itself. Some common factors that may contribute to a disabled K-12 or college student getting into trouble at school:
- Lack of Awareness: School officials may not fully understand or appreciate the nature and impact of a student's disability, leading to misinterpretations of behavior related to that disability.
- Inadequate Accommodations: Failure by the school to provide reasonable accommodations, either before or during the disciplinary process, can disadvantage the student. For example, if a school has not properly accommodated a student with a learning disability, certain behaviors by the student could be perceived as cheating rather than attempting to understand the material. Likewise, if a disabled student isn't afforded proper accommodation during the disciplinary process itself, it may prevent them from fully participating in their defense.
- Communication Barriers: Students with disabilities affecting communication may struggle to articulate their side of the story effectively without appropriate support.
- Prejudice and Bias: Unconscious bias or stereotypes held by members of the disciplinary committee can influence their perceptions and decisions, potentially leading to unfair outcomes.
- Insufficient Training: Faculty and staff may lack training on handling students with disabilities, resulting in procedural missteps.
- Overlapping Policies: Confusion between disability rights under laws such as the Americans with Disabilities Act (ADA) and the school's own misconduct policies can lead to the rights of disabled students being overlooked.
Academic Misconduct and Students with Disabilities
All schools, from the K-12 to the university level, have certain policies in place to enforce academic honesty, both to ensure students are truly learning and to ensure no student exploits the system for an unfair advantage. Under laws like the Americans with Disabilities Act (ADA), Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973, schools are required to provide accommodations and/or equal access for students with diagnosed disabilities. However, the interplay between providing accommodations and maintaining academic honesty presents a complex challenge. Educational institutions must find a delicate equilibrium, adhering to academic rigor while facilitating equitable access for all students.
It is not uncommon for schools to struggle with providing fair treatment to students with disabilities in matters of academic integrity. For students and their families, navigating the process to ensure that universities apply due process and adhere to their stated standards in cases of academic misconduct can be daunting. This task becomes even more complex if the institution fails to offer necessary accommodations for a student's disability.
From the standpoint of academic misconduct, it is advantageous for students to disclose their disabilities early in their academic careers. Early disclosure allows students to request necessary accommodations from their professors for classroom activities and exams, which might otherwise be misconstrued as dishonesty. Being upfront about one's disability or mental health issues from the outset can enhance the overall educational experience. However, choosing to disclose a disability remains a personal decision.
Maintaining Academic Honesty While Accommodating Disabilities
Since every school enacts different policies regarding disabilities and academic conduct, the onus is on students and parents to be informed about both the school's academic policies and the support services and accommodations available for disabilities or mental health concerns. Typically, students must obtain approval before any accommodations can be made.
Depending on the specific disability, examples of reasonable academic accommodations may include, but are not limited to:
- Permission to record lectures
- Additional time for in-class assignments or examinations
- Provision of professors' lecture notes or outlines
- Use of a reader, scribe, or word processor during exams
- Option for oral examinations
- Use of calculators during tests
- Examination settings with fewer distractions
- Access to tools aiding in grammar and spelling for written exams
Student Conduct Codes and Student Disabilities
While disabled students are still subject to the same rules as their non-disabled peers, schools must be mindful of providing reasonable accommodations to ensure due process. This includes giving students with disabilities enough notice and information about the charges against them, access to evidence related to those charges, and the opportunity for a fair hearing.
In some cases, a student's disability may have been a contributing factor in their alleged misconduct. If this is the case, schools must consider whether disciplinary actions would be an appropriate and effective response. Accommodations should also be made during the disciplinary process itself to ensure a fair hearing.
Dealing with Title IX/Sexual Misconduct Allegations
All schools that receive federal funding (which includes virtually all K-12 public schools and most colleges and universities) are required to abide by federal rules regarding Title IX enforcement. Allegations of student sexual misconduct or harassment usually fall under these rules, and schools feel intense pressure to address these violations quickly--a process that may inadvertently overlook the rights of the accused.
Several factors increase the likelihood of students with disabilities facing false accusations of sexual misconduct:
- Difficulty in interpreting social cues in intimate or sexual interactions.
- Unaddressed social and behavioral challenges from their K-12 education, leaving both the student and the institution unaware of existing disabilities.
- A societal and institutional predisposition to believe accusers, fueled by media coverage and social movements.
- Intolerance or misunderstanding of disabilities among peers and administrators.
- Lack of awareness about the manifestations of psychiatric conditions.
- Campus policies on affirmative consent that overlook the accused's mental state.
The interplay between Title IX policies and disability rights presents a formidable challenge. Efforts to protect individuals from sex-based discrimination and harassment may inadvertently encroach upon the educational rights of students with disabilities. Consequently, many higher education institutions struggle to ensure fairness and equity in handling sexual misconduct cases involving these students.
Addressing Disciplinary Issues Involving Students with Disabilities
As with the educational process itself, schools have a legal obligation to provide reasonable accommodations for students with disabilities who may be facing disciplinary action. That said, students and parents must request these accommodations in order for their rights to be protected.
Examples of Reasonable Accommodations in School Disciplinary Proceedings
- Inclusion of a counselor, personal aide, or trusted individual during all disciplinary engagements
- Selection of a venue for disciplinary proceedings that avoids exacerbating the student's distress
- Provision to adjourn the hearing temporarily should the student feel overwhelmed
- Permission for a brief recess to allow the student to prepare mentally for continuation
- Option to submit written statements as evidence
- Direct consultation with the student on their accommodation needs
Manifestation Determination
K-12 schools fall under the jurisdiction of the Individuals with Disabilities Education Act (IDEA), and Section 504, requiring them to provide equal education opportunities for disabled students. For students on a 504 plan or an Individualized Education Plan (IEP) who are accused of misconduct, a "manifestation determination" is required. This means that the school must go through a process to determine if the student's misconduct was a direct result of their disability.
The manifestation determination process requires the active participation of the child's parents, alongside the members of the child's Individualized Education Program (IEP) team and a designated representative from the educational institution or district. A thorough examination of all pertinent information contained within the child's educational records is also required. This collective body must take into account the observations recorded by the child's educators in addition to the invaluable contributions from the parents.
The primary aim of the manifestation determination is to ascertain whether the student's conduct issues are a consequence of the educational institution's failure to adhere to the prescribed implementation of the student's IEP or if the misconduct is inherently linked to, or significantly influenced by, the student's disability.
Should the investigation reveal that the misconduct emanates from the school's noncompliance with the IEP's requirements, the school bears the responsibility to promptly address and rectify these deficiencies. Conversely, if the misconduct is identified as being associated with the student's disability, it is incumbent upon the IEP team to undertake a comprehensive functional behavioral assessment and devise a tailored behavior intervention plan for the student. In instances where such a plan is pre-existing, the IEP team must conduct a meticulous review and enact modifications, as necessary, to more effectively cater to the child's behavioral needs. Furthermore, the student must be reinstated to their original educational setting, barring any exceptional circumstances.
Advocating for Students with Disabilities in School Misconduct Proceedings
Facing misconduct charges from a college, university, or high school can be a daunting experience for both students and parents--especially so when the student lives with a disability. The situation may seem particularly challenging, leaving you uncertain of your next steps and the potential for adverse outcomes. And unfortunately, in balancing the need for proper discipline with the requirements for disability accommodations, schools often fall short of the mark--and it's the disabled student who sadly pays the price.
In such situations, the best way to protect your child's rights is by engaging an experienced education law attorney--preferably one with specific experience in the complexities of student disability issues. For students with disabilities, these rights are not just significant; they are protected under law. If your college or K-12 school fails to honor these protections, taking legal action becomes a viable option. The Student Defense Team at the Lento Law Firm has helped many disabled students and their parents nationwide who are dealing with complicated disciplinary issues. We will evaluate your child's situation, look at the available evidence, review the school's policies and compliance with the law, and work to hammer out a fair resolution that protects your child's rights. Contact the Lento Law Firm today at 888-535-3686, or fill out our online form.
