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When it comes to students with disabilities in Arizona, navigating the school disciplinary system is a multifaceted and often challenging endeavor. Under 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, whether the student is in a K-12 or college/university setting, school authorities frequently find themselves in a delicate position, striving to provide lawful accommodations for the disabled child's rights while also ensuring compliance with school policies designed to maintain order and safety. The intersection of these priorities can inadvertently lead to the violation of a disabled student's legal rights, particularly when accommodations are insufficiently provided or misunderstood. Unfortunately, parents and students often do not even realize when the student's rights are violated--and this can be detrimental to the child's overall educational progress.
While Arizona law is fairly clear on how schools must handle disciplinary exclusions for disabled students in compliance with IDEA, Section 504, and the ADA, schools don't always draw the right conclusions when determining the extent to which a disability has influenced a student's behavior. For both parents and students, this situation can cause significant anxiety and concern—not only for its immediate impact on the child's academic record but also for its long-term effects on their emotional well-being and future prospects.
If your Arizona K-12 or college/university student has a disability and is facing disciplinary action, your best hope of protecting your child's rights and coming to a fair resolution is with the help of an experienced education law attorney--someone who can both negotiate with the school and/or their General Counsel and make sure the law is upheld. The Student Defense Team at the Lento Law Firm has extensive nationwide experience in navigating the complex intersection of student disability issues and school discipline. To schedule a consultation, call the Lento Law Firm at 888-535-3686 or reach out using our online form.
Disabled Students Facing School Disciplinary Actions
Students with disabilities or mental health issues often find themselves at greater risk of violating school policies. This increased risk is usually not due to a deliberate disregard for rules but rather a mix of misunderstandings, miscommunications, or symptoms of their disabilities. Several factors may cause a disabled K-12 or college student to face unfair disciplinary action:
- Insufficient Accommodations:A school's failure to provide appropriate accommodations, whether before or during the disciplinary process, can put the student at a disadvantage.
- Lack of Understanding/Training among School Staff:School officials, teachers, and staff might not fully grasp the nature and consequences of a student's disability, which can result in misinterpreting behaviors linked to that disability. Additionally, they may lack the proper training to identify and understand how the disability manifests in behavior.
- Communication Challenges:Students with disabilities that affect their communication skills may have difficulties effectively conveying their side of events without adequate support.
- Confusion over School Policies:The intersection of disability rights under laws like the Americans with Disabilities Act (ADA), Arizona state law, and the school's own misconduct policies can create confusion, potentially leading to the neglect of disabled students' rights.
Arizona Disabled Students and School Violations
Disabled students in Arizona are held to the same standards and rules as other students, making them susceptible to disciplinary actions for rule violations. The key differences are whether the student understands the rules and/or if their disability significantly contributed to the violation. Here are three common categories of school misconduct concerning student disabilities.
Academic Misconduct
From K-12 schools to universities, all schools have policies to uphold academic integrity and ensure genuine learning. Balancing these policies with the need to provide appropriate accommodations can be complex. Some disabled students may require additional resources, for example, such as extended time for exams or the use of lecture notes, which might otherwise be deemed cheating for someone who doesn't have that disability. This balance between lawful accommodations and upholding academic fairness often leads to misunderstandings about what constitutes academic misconduct.
Title IX Violations
All schools receiving federal funding must adhere to Title IX regulations, which protect students from sex-based discrimination, including sexual harassment and assault. Disabled students can sometimes be accused of violating Title IX policies if their disability affects their social interactions or communication, leading to misunderstandings and potential disciplinary actions. Missteps may occur in this area for any number of reasons. For example:
- The student's disability may cause them to have trouble interpreting social cues in intimate situations, including what constitutes consent;
- The other party may have a lack of understanding of the disabled student's physical or mental condition, causing them to misinterpret their intentions or
- Societal and institutional bias may play a role, causing authorities to believe the accuser by default and/or be biased against the disabled student who is accused.
Student Conduct Violations
A school's Student Code of Conduct is designed to foster a safe and respectful learning environment. However, disabled students may have difficulty understanding and adhering to these policies due to their disabilities. Although disabled students are held to the same standards as their non-disabled peers, schools are obligated to provide reasonable accommodations to ensure due process. This includes offering adequate notice and detailed information about the charges, access to relevant evidence, and the opportunity for a fair hearing.
In certain instances, a student's disability may have played a role in the alleged misconduct. When this occurs, schools must evaluate whether disciplinary actions are both appropriate and effective. Additionally, accommodations should be made during the disciplinary process to ensure a fair hearing.
Arizona's Approach to Discipline for Disabled Students
While Arizona colleges and universities are expected to provide fair and reasonable accommodations in compliance with the ADA when it comes to student discipline, state law concerning the discipline of disabled K-12 students is largely the same as the provisions mandated at the federal level by IDEA and Section 504. Arizona's Department of Education includes a special division for special education students called Exceptional Student Services (ESS). This department establishes policies for approaching student discipline for disabled students within the state's public school systems. ESS also provides parents with a comprehensive explanation of state procedures and students' rights, including how the disciplinary process works, information about due process hearings, etc.
Discipline for Students on an IEP
For disabled K-12 students on an Individualized Education Plan (IEP), Arizona law gives educators discretion and authority to provide appropriate discipline to disabled students using their best judgment, up to and including removal from class for up to 10 consecutive days, similar to discipline for non-disabled students, without deferring to the parents or the student's IEP team. This removal may be in the form of suspension or removal to an interim alternative educational setting (IAES). If the removal is for more than 10 days in a row or for multiple similar removals within a school year, the school must provide a free appropriate public education (FAPE) for the student. There must also be a manifestation determination review (MDR), which must be held within 10 days of the child's change of placement.
Manifestation Determination Review
The manifestation determination process involves the active participation of the child's parents, members of the child's IEP team, and a representative from the educational institution or district. The primary goal is to determine whether the student's conduct issues are due to the school's failure to properly implement the IEP or if the misconduct is inherently linked to, or significantly influenced by, the student's disability.
If the MDR concludes that the misconduct stems from the school's noncompliance with the IEP's requirements, the school must promptly address and rectify these deficiencies. Conversely, if the misconduct is associated with the student's disability, the IEP team must conduct a comprehensive functional behavioral assessment and develop or modify a tailored behavior intervention plan for the student. The student must also be reinstated to their original educational setting, barring any exceptional circumstances. If the MDR concludes the student's behavior did not stem from their disability, the school is legally allowed to impose the same standards of discipline for the student as for a non-disabled student, which may include placement in an IAES, suspension, or expulsion.
Special Circumstances
There may be instances in which a disabled student's behavior is deemed to present a genuine safety concern, both for the student and for others in the environment. To this end, Arizona law permits the school to remove a disabled student to an IAES for up to 45 days, regardless of whether the behavior was caused directly by the disability, under certain special circumstances. These circumstances include:
- If the student carries, possesses, or uses a weapon on campus or at a school function;
- If the student has or uses illegal drugs or
- If the student inflicts serious bodily injury on another individual.
Once the manifestation determination review is completed, the student may dealt with in accordance with the results of that determination.
Behavior Intervention Plans and Functional Behavioral Assessments
When a student's misconduct is determined to be a manifestation of their disability, schools are required to undertake critical interventions to address and mitigate such behaviors. This begins with conducting a Functional Behavioral Assessment (FBA), which is a systematic process for identifying the underlying causes of a student's disruptive behavior. The objective is to gather information on the student's behavior, identify antecedents and consequences, and develop a hypothesis about the function of the behavior.
Based on the findings of the FBA, the IEP team must then develop or revise a Behavioral Intervention Plan (BIP). This plan outlines proactive strategies, supports, and interventions designed to address specific behavioral issues. It aims to reduce, replace, or manage those behaviors by introducing positive behavioral supports, environmental changes, and instructional strategies. The BIP is an essential component to ensure that the educational needs of the student are met while maintaining a conducive learning environment for everyone.
Reasonable Accommodations During School Disciplinary Proceedings
Schools are legally obligated to provide reasonable accommodations for students with disabilities facing disciplinary action, just as they do in the educational process. However, it is crucial that students and parents request these accommodations to ensure their rights are protected. Examples of these accommodations may include:
- Access to 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 temporarily adjourn the hearing if the student feels overwhelmed
- Permission for brief recesses 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
Due Process Hearings
In the event of a dispute between parents and an educational institution regarding the discipline of a disabled student, Arizona law allows for due process hearings to be conducted. These hearings give both parties the opportunity to present evidence and arguments before an impartial hearing officer, who will then make a ruling based on the facts presented.
Protecting Your Disabled Child's Rights in Arizona
Based on all the information we've presented above, it's easy to see how disabled students and their parents can get lost in all the complexity. Facing misconduct charges from a college, university, or high school can be overwhelming for both students and parents, even without the disability factor--and much more so when the disability is present. Without a skilled legal team in your corner, the chances of your student's rights being violated are much greater. So is the possibility of unfair disciplinary action that could disrupt your child's education.
The Student Defense Team at the Lento Law Firm has extensive experience assisting disabled students and their parents nationwide in navigating complex disciplinary issues. We will evaluate your child's situation, examine the evidence, review the school's policies and compliance with the law, and work to secure a fair resolution that protects your child's rights. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or fill out our online form.
