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Anytime a student is accused of misconduct and threatened with suspension or expulsion--whether at the K-12 or college level--it can be a stressful experience for both students and their parents. If the child in question has a disability, the stress is amplified even further because of the complexities involved. In Alaska, most K-12 schools and universities attempt to provide reasonable and necessary accommodations for disabled students as required by the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973. Alaska's Department of Education and Early Development also provides clear guidance on how schools should comply with these rules.
However, that doesn't mean mistakes don't happen. School officials often face a delicate balancing act between adhering to these legal requirements and maintaining school policies that promote order and safety. This complex interplay can sometimes lead to the unintentional violation of a disabled student's legal rights, particularly when accommodations are misunderstood or inadequately provided. Take, for example, a recent investigation by the Justice Department into the Anchorage School District, which concluded that the district had "repeatedly and inappropriately secluded and restrained students with disabilities in violation of Title II" of the ADA.
Nonetheless, schools sometimes fail to accurately assess how a disability might affect a student's behavior. This oversight can cause measurable stress and concern for both parents and students, as it affects not only the student's current academic standing but also their future emotional health and future opportunities. Unfortunately, many parents and students are unaware when their student's rights have been breached, and this can critically impact the student's educational journey. This is why it is so critical to have an experienced education law attorney in your corner if your disabled child is facing possible student discipline. The Student Defense Team at the Lento Law Firm has extensive experience in handling cases involving student disabilities and school discipline, both in Alaska and nationwide. To arrange a consultation, call the Lento Law Firm at 888-535-3686 or fill out our confidential online form.
Disabled Students Facing Disciplinary Measures
Generally speaking, students with disabilities or mental health challenges often encounter a higher risk of disciplinary actions in schools. This increased vulnerability may arise from a combination of misunderstandings, communication issues, or symptoms related to their disabilities, rather than intentional rule-breaking. Several factors can lead to unjust disciplinary measures against disabled students, whether they are in K-12 or higher education:
- Inadequate Accommodations: When schools fail to provide the necessary lawful accommodations for a disabled student before or during the disciplinary process, it places the student at a significant disadvantage.
- Limited Understanding/Training among School Personnel: Teachers, staff, and school officials might lack a clear understanding of a student's disability and its implications, leading to misinterpretations of behavior linked to that disability. Often, they are not adequately trained to identify and comprehend how the disability affects the student's actions.
- Communication Barriers: Students whose disabilities impact their communication abilities may struggle to effectively present their case without proper support.
- Confusion over Policies: The intersection of disability rights under laws such as the Americans with Disabilities Act (ADA), Alaska state regulations, and the school's misconduct policies can create confusion, which may result in the neglect of the rights of disabled students.
School Violations Involving Disabled Students in Alaska
In Alaska, disabled students are held to the same standards as other students, making them susceptible to disciplinary actions for rule violations. Key differences emerge in whether the student understands the rules and/or if their disability significantly contributed to the infraction. Here are three common types of school misconduct involving student disabilities:
Academic Misconduct
K-12 schools and colleges alike have policies in place to uphold academic integrity and ensure genuine, fair learning experiences. Balancing these policies with the need to provide appropriate accommodations can be challenging. Some disabled students may require additional resources, such as extended time for examinations or access to lecture notes—resources that might be considered cheating for others. Striking a balance between lawful accommodations and maintaining academic fairness often leads to misunderstandings about what constitutes academic misconduct, and this can lead to a disabled student facing disciplinary action unfairly.
Title IX Violations
Schools that receive federal funding must comply with Title IX regulations, which protect students from sex-based discrimination, including sexual harassment and assault. Not only are disabled students more susceptible to victimization under Title IX, but they can also sometimes be accused of violating Title IX policies if their disability affects their social interactions or communication. This can lead to misunderstandings and potential disciplinary actions. Errors in this area can occur for various reasons, including:
- The student's disability may cause difficulties in interpreting social cues in intimate situations, such as understanding consent.
- The other party may not fully understand the disabled student's physical or mental condition, leading to misinterpretation of their actions.
- Societal and institutional biases might cause authorities to default to believing the accuser or be biased against the disabled student who is accused.
Student Conduct Violations
The Student Code of Conduct at any school aims to create a safe and respectful educational environment. However, students with disabilities may struggle to comprehend and follow these regulations due to their conditions. While disabled students are held to the same standards as their non-disabled counterparts, schools must also provide reasonable accommodations to ensure fair treatment. This includes providing adequate notice and detailed information about the charges, access to relevant evidence, and an opportunity for a fair hearing.
In some cases, a student's disability itself may be a factor in the alleged misconduct. Schools must assess whether disciplinary measures are appropriate and effective in such situations. Additionally, accommodations should be provided during the disciplinary process to ensure fairness.
Alaska's Approach to Discipline for Disabled Students
In Alaska, colleges and universities are required to offer fair and reasonable accommodations in compliance with the ADA. This rule also applies to providing accommodations when a disabled student is accused of violating the rules. For K-12 students, Alaska state laws align closely with federal mandates under IDEA and Section 504, establishing clear policies for handling the discipline of disabled students in the state's public schools. This guidance includes the criteria by which disabled students may be treated, how the disciplinary process functions, and information regarding due process hearings.
Discipline for Students on an IEP
For routine infractions involving students with disabilities, Alaska law permits teachers and staff to impose disciplinary actions in the same way that they would for non-disabled students. However, for K-12 students who are on an Individualized Education Plan (IEP), exceptions begin to kick in once the student is suspended for longer than 10 ten cumulative days in a school year (whether in a single suspension or multiple short-term suspensions), as this may constitute a change in placement. In such cases, several things must happen:
- The school must formally notify the parents;
- The school must provide special education services to the student (for example, by removing the student to an interim alternative educational setting (IAES); and
- The school must conduct a manifestation determination to determine whether the child is eligible for a functional behavioral assessment (FBA) and a behavioral intervention plan (BIP).
Manifestation Determination
The manifestation determination meeting involves the child's parents and relevant members of the IEP team. The purpose of this review is to determine whether the student's misconduct was due to the school's failure to implement the IEP effectively or if the misconduct was directly related to the student's disability. The manifestation determination must occur within ten days of the child's removal from the classroom or other educational environment.
If the manifestation determination finds that the misconduct was a result of the school's failure to follow the IEP, the school must immediately address and correct these shortcomings. If the behavior is a manifestation of the student's disability, the IEP team must conduct a full functional behavioral assessment (FBA) and develop or adjust a behavior intervention plan (BIP) for the student. In both situations, the student must be returned to their original school setting unless the parents and the school system authorities agree to a change of venue. If the review concludes that the behavior was not related to the student's disability, the school can apply the same disciplinary measures as it would for a non-disabled student, including placement in an IAES, suspension, or expulsion.
Exceptions to the Rule
There are specific situations in Alaska where a disabled student's behavior may pose a significant safety risk to themselves or others. In such cases, school authorities are permitted to remove a disabled student from an IAES for up to 45 days, regardless of whether the behavior is directly caused by the disability. Specifically, this can happen if:
- The student brings, possesses, or uses a weapon on school property or at a school function;
- The student has or uses illegal drugs; or
- The student causes serious bodily injury to another person.
Behavior Intervention Plans and Functional Behavioral Assessments
When it is determined that a student's misconduct is linked to their disability, schools must implement vital interventions to address these behaviors. This process begins with conducting a functional behavioral assessment (FBA), which systematically identifies the root causes of a student's disruptive behavior. The goal is to collect detailed information about the student's actions, identify triggers and outcomes, and hypothesize the purpose behind the behavior.
Following the FBA, the IEP team is tasked with developing or updating a behavioral intervention plan (BIP). This plan details proactive strategies, supports, and interventions tailored to address specific behavioral concerns. It aims to reduce, replace, or manage these behaviors by incorporating positive behavioral supports, environmental adjustments, and instructional techniques. The BIP plays a crucial role in meeting the educational needs of the student while ensuring a productive learning environment for all.
Reasonable Accommodations During School Disciplinary Proceedings
Whether in K-12 or college settings, schools are required by law to provide reasonable accommodations for students with disabilities who face disciplinary actions, mirroring the accommodations provided during their educational experience. However, students and/or parents must actively request these accommodations to safeguard the child's rights. Examples of accommodations that a school may provide include:
- Student access to a counselor, personal aide, or trusted individual during all disciplinary proceedings
- Choosing a venue for disciplinary meetings that minimizes the student's stress
- Allowing for temporary adjournments if the student becomes overwhelmed
- Permission for brief breaks to help the student mentally prepare for continuation
- The option to submit written statements as part of the evidence
- Direct consultation with the student regarding their accommodation needs
Due Process Hearings
In cases where there is a disagreement between parents and an educational institution concerning the discipline of a disabled student, Alaska law provides for due process hearings. These hearings enable both parties to present their evidence and arguments before an impartial hearing officer, who will then make a decision based on the information presented.
Protecting Your Disabled Child's Rights in Alaska
Given the complexities involved in disciplining a disabled student, it is easy for both the students and their parents to feel overwhelmed and anxious--and rightly so, because even with protective laws and procedures in place, it is possible for the student's rights to be violated in the process. Without the assistance of a skilled legal team, the risk of such violations goes up significantly, along with the risk that unfair disciplinary actions could disrupt the child's educational progress.
The Student Defense Team at the Lento Law Firm brings extensive nationwide experience in supporting disabled students and their parents through complex disciplinary matters. We will assess your child's situation, review the evidence, evaluate the school's policies and legal compliance, and work toward a fair resolution that upholds your child's rights. In cases where a child's rights have been blatantly violated, litigation may also be an option to rectify the situation. To schedule a consultation, contact the Lento Law Firm at 888-535-3686 or complete our online form.
