School disciplinary procedures are complex, with far-reaching implications for any students involved. Increasing public scrutiny on school safety can complicate the disciplinary process. For any student in Illinois, particularly a student with a disability, disciplinary proceedings can be overwhelming, and the potential outcomes can be catastrophic.
Whether you are a student with a disability or a parent raising a student with a disability, you know that not all educational institutions carefully uphold the rights of their students. When the behavior of a student with a disability requires harsh intervention or discipline, the school and staff's reaction must comply with federal and Illinois law. Too often, even the best-intending schools, in a rush to project an image of safety and security, focus on quick decision-making and impose severe penalties on accused students.
As a parent, your primary responsibility is to protect your child. The Lento Law Firm can help defend your child's right to the education they need and deserve. With the national Student Defense Team at the Lento Law Firm in your corner, your focus can remain on your child.
As a student with a disability, the last thing you need is to fight your school's improper disciplinary maneuvers by yourself. You are not alone when the Lento Law Firm Team protects your right to an education.
If you or your child with special needs is facing disciplinary action at school, the Lento Law Firm can stand with you and fight on your behalf. With our experienced student defense and educational law attorneys on your side, we can defend your or your child's legal, educational, and due process rights. Call the Lento Law Firm Team at 888-535-3686 or contact us online.
Protecting the Legal Rights of Students with Disabilities in Illinois
The impact of improper disciplinary procedures and punishments on a student with special needs can be far-reaching. Elementary and secondary schools, colleges, and universities in Illinois must adhere to all laws that protect students with disabilities.
Federal Protections for Students
For elementary and secondary school students with disabilities, their right to an education is protected by the Individuals with Disability Education Act (IDEA). The IDEA outlines the process of establishing an Individualized Education Plan (IEP) for students with disabilities to ensure that schools provide the appropriate educational support specific to the disability of the student.
The IDEA does not apply at the college or university level. For college and university students with disabilities, the Rehabilitation Act and the Americans with Disabilities Act offer protections from discriminatory treatment, which could include treatment during disciplinary procedures.
Illinois State Protections for Students
Illinois state laws covering students with disabilities are in accordance with federal law. Illinois law makes special education services available to students from the age of three until they graduate or until they turn 22 years old. Services may continue until the end of the school year if a student turns 22 during the school year.
Additionally, the Illinois Human Rights Act requires universities and colleges to allow reasonable accommodations to qualified students on an individualized basis, even if the individual does not meet the legal definition of disability.
If you are in Illinois and worried about how your school or your child's school is administering discipline, the team of experienced education and student defense attorneys at the Lento Law Firm can partner with you to ensure your rights are protected.
IEPs and Student Discipline
Primary and secondary students with disabilities should have an IEP to direct their education and protect their right to learn and attend school. Ideally, the IEP was created deliberately and included the accommodations needed to support your child's attendance and participation in educational opportunities. A properly developed IEP, considering behavioral support, is a vital tool in protecting students from harsh or exclusionary discipline at school.
Although an IEP is often associated with academic accommodations, it provides critical information and guidance if a student with a disability faces disciplinary action.
The most carefully drafted IEP offers limited support to a child if the plan is incompletely or improperly implemented. When a child's IEP is poorly implemented, behavioral problems may follow. If a student with a disability finds themselves facing severe disciplinary measures, such as suspension or expulsion, they may have due process rights to ensure their educational rights.
When a school intends to impose a harsh penalty, such as a suspension for ten consecutive days, on a student with an IEP, the IDEA requires the school to take specific steps to ensure the student's access to education is protected.
If your child with a disability is the target of disciplinary action, the Lento Law Firm can help. Our national Student Defense Team will partner with you to ensure that disciplinary procedures comply with federal and state education laws.
Manifestation Determination Reviews Protect Student Access to Education
A school's disciplinary action that removes a student with disability from school for more than ten consecutive days or ten days in a school year is considered a change in placement in a student's IEP. A change of placement, such as removal for ten consecutive days or removal for ten days during the year, can only occur after a Manifestation Determination Review (MDR).
An MDR must be held within ten days of any decision to change the placement of a special education student. A team consisting of the student's parents, the school representative, and the IEP team review information to answer two questions:
- Was the student's problematic conduct caused by or did it have a direct relationship with the student's disability? The team must consider all relevant information, including other diagnoses and previously unidentified disabilities, in determining whether the student's behavior was caused by or was directly related to the student's disability.
- Was the problematic conduct a direct result of the school's failure to properly implement the student's IEP?
If either question is answered affirmatively, the student's behavior is deemed to be a manifestation of the student's disability. When the student's problem behavior is a manifestation of their disability or the school improperly implemented the student's IEP, the school's disciplinary action cannot proceed. In response, the student must be returned to their placement consistent with their existing IEP.
If the MDR finds that the student's behavior is not a manifestation of disability and that the school properly implemented the IEP, the school can move forward and discipline the student. Through the disciplinary period, the school must continue to provide special education services so that the student may continue to progress toward their IEP goals. The required special education services may include an alternative school, a therapeutic school, or through tutoring.
If the MDR has resulted in a finding that your child's disability did not cause or directly related to the problematic behavior and their IEP was properly implemented, there are ways to appeal the decision, and the Lento Law Firm can help.
Fighting an Adverse Manifestation Determination
If you believe the manifestation determination was made in error, a parent may request an expedited due process hearing. An expedited due process hearing may include introducing evidence and hearing testimony from witnesses.
The decision of the hearing officer can be appealed to state or federal court.
The Student Defense Team at the Lento Law Firm can advocate for your child at a due process hearing or in a subsequent court appeal.
45-Day Emergency Removals
There are limited circumstances in which a special education student can be removed for up to 45 days without consideration of whether the behavior is a manifestation of their disability.
A school can remove a student, regardless of disability, if:
- The student carries or possesses a weapon at school, on school grounds, or on the way to or from a school event;
- The student knowingly possesses or uses illegal drugs, or sells/solicits the sale of a controlled substance while at school, on school grounds, or on the way to or at a school function; or
- The student has inflicted serious bodily injury on another person while at school, on school grounds, or on the way to or at a school function.
Emergency removals are only appropriate in these rare situations and when evidenced by well-documented facts. If you are concerned that you or your child has been removed from school based on other circumstances or without adequate evidence, the Lento Law Firm can defend your and your child's interests to ensure that all school disciplinary efforts comply with the law.
IDEA Protections for Students Without an IEP
Even if you or your child does not have an IEP, they may be able to avail themselves of the protections under the IDEA.
The IDEA protects students with an IEP and those without an IEP if the school knew about the student's disability before the student's problem behavior occurred. The school may have knowledge of a disability if a parent informed a school administrator or teacher in writing that their child needs special education support or if a parent requested that their child be evaluated. The school might also have knowledge of a student's disability if a school employee articulated a concern about the child's behavior and questioned if special education support might be required.
With the Lento Law Firm as your partner, we can evaluate the school's efforts in meeting your child's special needs and help advocate for their appropriate access to educational services.
Disciplinary Procedures at a College or University
Although the IDEA does not cover students at colleges or universities, students with disabilities may still receive important accommodations under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Most institutions of higher education have offices and staff dedicated to helping students meet course requirements while maintaining the academic standards of the school. By proactively notifying your college or university about your disability and taking action to identify appropriate accommodations in partnership with your school, you are on the best track to fulfill your academic goals and stay in compliance with your school's academic integrity policy.
Colleges and universities take academic integrity and sexual misconduct accusations and investigations extremely seriously. When the Office of the General Counsel launches an investigation or proceeds with a hearing, students with disabilities must insist on reasonable accommodations so that they can meaningfully participate in any investigative or disciplinary processes.
If you are the target of a disciplinary or misconduct investigation and have not already informed the university of your disability, you should do so immediately. With notice of your disability, your college or university may need to adjust their disciplinary process.
A university's quest to protect alleged victims or uphold its honor code cannot override the due process requirement that an accused student with a disability should receive appropriate accommodations. If you find yourself the target of an investigation or charges and your university is aware of your disability, you should receive the accommodations necessary to ensure your reasonable participation. Possible accommodations during a college disciplinary proceeding might include, allowing the student to have a counselor or other individual at all disciplinary meetings or hearings, allowing the student to provide written testimony into evidence, or pausing the meetings or hearings when needed.
The Lento Law Firm can help you prepare and navigate disciplinary investigations and hearings at your college or university. Whether by negotiating with the school's Office of General Counsel or taking more aggressive legal action to protect your rights, you want the Lento Law Firm on your side.
Protecting Your or Your Student's Legal Rights
The most attentive teachers and administrators in the best schools may protect themselves before they protect a student's access to education. The Lento Law Firm is the single-minded advocate you need when navigating any student disciplinary meeting, investigation, or hearing.
The Lento Law Firm's national Student Defense Team will be in your corner, fighting for your educational rights. Call the Lento Law Firm at 888-535-3686 or contact us online to discuss your case.
