Student discipline and school safety can be contentious. Parents, teachers, and administrators often possess different priorities when a student's problematic behavior leads to severe discipline. For students in South Carolina, particularly students with special needs, harsh disciplinary actions such as suspension and expulsion can carry potentially catastrophic outcomes.
As a student with a disability or a parent raising a child with a disability, disciplinary investigations and the threat of severe punishments can be overwhelming. The school you trust to provide for your child's education may not be adequately protecting your student's rights. The best-intending schools, when rushing to emphasize safety and security, may make imprudent decisions and impose severe penalties on students, including students with special needs.
While most disciplinary rules apply to all students, schools must take particular care when enforcing harsh interventions or discipline on a student with special needs. Schools must ensure that their disciplinary procedures comply with laws that protect students.
If you are facing disciplinary action at school, you want the Lento Law Firm on your side, fighting on your behalf. The Lento Law Firm will partner with you to defend your or your student's legal, educational, and due process rights. Whether you are facing suspension from your local school or an investigation from a university's Office of General Counsel, call the Lento Law Firm Team at 888-535-3686 or contact us online.
As a parent, you are ready to protect your child from any threat. Unfortunately, you may need to protect your child from their own school. With the Lento Law Firm in your corner, we can help you defend your student's educational and due process rights in South Carolina.
As a student with a disability, it can be daunting to fight your school's improper disciplinary action alone. When you work with the Lento Law Firm Team, you'll have a team upholding your rights and protecting your education.
Protecting the Rights of Students With Disabilities in South Carolina
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 South Carolina must adhere to all laws that protect students with disabilities.
For elementary, middle, or high school students with special needs, the Individuals with Disabilities Education Act (IDEA) protects their right to an education. 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 for the child and their unique needs.
The IDEA does not cover students enrolled in a college or university. Instead, the Rehabilitation Act and the Americans with Disabilities Act (ADA) offer protections from discrimination, which could include the improper treatment of college and university students during disciplinary procedures.
The Role of Individualized Education Plans in Student Discipline
IEPs play a significant role in directing the education of students with disabilities, and they are crucial when navigating disciplinary procedures. IEPs commonly include the student's diagnosis, clear performance indicators to assess your child's progress, effective interventions appropriate for their learning needs, the student's short- and long-term goals, and a program to support social involvement.
The best IEPs are crafted deliberately and focus on the accommodations needed to support your child's attendance and participation in educational opportunities. Additionally, the plan should include the specific behavioral support the student needs to meet their educational goals. An IEP can provide critical information and guidance to protect a student from severe or exclusionary disciplinary action.
The most carefully created IEP, if implemented poorly, offers limited support to a child. When a school implements an IEP improperly, the student does not receive the support needed to learn. Without the required accommodations, behavioral problems may arise.
If a student with a disability finds themselves facing severe disciplinary measures, such as suspension or expulsion, their due process rights should be protected. 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 protect the student's access to education.
If your child with a disability is the target of severe school disciplinary action, the Lento Law Firm can help. Our national Student Defense Team will partner with you to ensure that disciplinary procedures and outcomes comply with applicable education laws.
The Importance of Manifestation Determination Reviews
A student's IEP sets a baseline for their education, as agreed to by the school and the student's family. When the school wishes to change the placement of a student with an IEP, a Manifestation Determination Review (MDR) is required.
An MDR is a critical process for a student with an IEP who faces severe disciplinary action from their school. The removal of a student with an IEP for more than ten consecutive days or for a total of 10 days within a school year is considered a change in placement in a student's IEP. A change of placement, such as a 10-day suspension, can only occur after an MDR is convened.
An MDR must occur within to ten days of any decision to change the placement of a special education student. During the MDR, participants, which include the student's parents, the school representative, and the IEP team, review information related to the student's conduct to answer two questions:
- Did the student's disability cause or have a direct relationship with the student's problematic behavior? This is a broad question intended to encompass all relevant information, such as other diagnoses and unidentified disabilities. All the facts must be considered to determine if the student's conduct was caused by or was directly related to the student's disability.
- Did the student's problematic behavior occur as a direct result of the school's failure to properly implement the student's IEP?
If the DMR concludes that the answer to either question is “yes,” then the student's behavior is determined to be a manifestation of the student's disability. When the student's conduct is a manifestation of their disability or the school improperly implemented the student's IEP, the school cannot proceed with its planned discipline. The student must return 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 impose its discipline on the student. While the student is within the disciplinary period, the school must continue to provide special education services, in furtherance of the student's IEP goals.
If you believe an MDR conclusion is erroneous, you may wish to appeal the decision. After an adverse decision, you may request an expedited due process hearing. At an expedited due process hearing, evidence can be introduced, and witnesses can give testimony. The hearing officer will then make a determination. 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 throughout the MDR, at a due process hearing, or in a subsequent court appeal.
The Use of 45-Day Emergency Removals
If a student's behavior is severe enough, they may be removed from school for up to 45 days without considering 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 allowed in these limited situations and when evidenced by well-documented facts.
If you believe that your student has been removed from school under an emergency removal based on other circumstances or without adequate evidence, the Education Law Team at the Lento Law Firm can help. We can work with you to ensure all school disciplinary efforts comply with the law.
The IDEA Protects Some Students Without an IEP
Even if you or your child does not have an IEP, they may be able to avail themselves of the IDEA's educational protections. If the school knew about a student's disability before the student's problem behavior occurred, the IDEA may apply even if the student did not have an IEP.
The school may be deemed to have knowledge of a student's 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 for special education services.
Furthermore, if a school employee articulated a concern about the child's behavior and questioned if special education support might be required, the school may have knowledge of the student's disability.
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 access to special educational services.
Protections for Students With Disabilities at a College or University
The IDEA does not cover students attending a college or university. Higher education students with disabilities remain protected from discrimination and receive important accommodations through the ADA and the Rehabilitation Act. Most colleges and universities have staff to assist students with disabilities to meet course requirements while maintaining the academic and integrity standards of the school. Your proactive efforts to partner with your school will help you meet your academic goals and comply with your school's academic integrity policy.
When a college or university investigates a student for a violation of the school's academic integrity or code of conduct policies, it is important to quickly take action to defend the educational and due process rights of the accused, particularly if the student has a disability. If 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 have not informed your school of your disability and you are now the target of a disciplinary or misconduct investigation, you must notify your school of your disability immediately. With notice of your disability, your college or university may need to adjust their disciplinary process.
A university's commitment to protect alleged victims or uphold its academic integrity and conduct codes cannot override the school's legal requirement to provide accommodations to students with disabilities. If you find yourself the target of an investigation or charges and your university is aware of your disability, you should receive the accommodation necessary to ensure your reasonable participation in the process.
Reasonable 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 as evidence.
- 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 the Legal Rights of Students With Disabilities
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 or your child's educational rights. Call the Lento Law Firm at 888-535-3686 or contact us online to discuss your case.
