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Navigating the educational landscape as the parent of a child with a disability can be extraordinarily challenging, particularly when facing disciplinary actions that may stem from factors beyond the student's control. For parents of K-12 and college students in Pennsylvania, the emotional and logistical hurdles are often compounded by a lack of clear understanding of their child's rights and the appropriate avenues for advocacy. 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, schools often walk a fine line when it comes to balancing these accommodations with maintaining a safe and orderly environment for all students.
Sometimes, the student's misbehavior is directly or indirectly related to their disability; other times, it is not. While Pennsylvania law is fairly clear on how schools must handle disciplinary exclusions for disabled students, schools don't always draw the right conclusions when determining the extent to which a disability has influenced a student's behavior. Unfortunately, in many instances, the student's rights may be inadvertently violated during this process. 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. Parents face a difficult task in advocating for their children's rights while addressing allegations of misconduct. At what point is the school justified in meeting discipline, and at what point are they depriving the child of equal opportunity?
If your Pennsylvania K-12 or college/university student has a disability and is facing disciplinary action—whether for academic misconduct, Title IX violations, or breaches of student conduct policies—securing a fair and positive resolution is best achieved with the assistance of an experienced education law attorney. The Student Defense Team at the LLF Law Firm has extensive nationwide experience in navigating the complex intersection of student disability issues and school discipline. To schedule a consultation, call the LLF Law Firm at 888-535-3686 or fill out our online form.
How Disabled Students Can Find Themselves Facing School Disciplinary Actions
While any student, disabled or not, is capable of misconduct, students with disabilities or mental health issues are often more susceptible to finding themselves crosswise of school policies. This susceptibility is frequently not due to a blatant disregard of school rules but rather a combination of misunderstanding, miscommunication, or the manifestations of the disability itself. Several factors may contribute to a disabled K-12 or college student encountering disciplinary issues at school:
- Lack of Awareness/Training: School officials, faculty, or staff may not fully understand or appreciate the nature and impact of a student's disability, leading to misinterpretations of behavior related to that disability. They may also lack the training needed to understand how the child's disability manifests itself.
- Inadequate Accommodations: The school's failure to provide reasonable accommodations, either before or during the disciplinary process, can disadvantage the student. For example, if a school hasn't properly accommodated a student with a learning disability, certain behaviors could be seen as cheating rather than trying to understand the material. Similarly, if a disabled student isn't given 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.
- Overlapping Policies: Confusion between disability rights under laws such as the Americans with Disabilities Act (ADA), Pennsylvania state law, and the school's own misconduct policies can lead to the rights of disabled students being overlooked.
Types of Misconduct that Can Impact Disabled Students in Pennsylvania
Disabled students in Pennsylvania are subject to the same school rules and regulations as other students, and therefore, they are susceptible to potential discipline for violating these rules. The primary differences lie in a) whether the student understands the rules or is capable of doing so or b) whether the disability itself played a key role in the violation. Let's look at the three common categories of school misconduct in the context of student disabilities.
Academic Misconduct
All schools, from K-12 to universities, have policies to enforce academic honesty and ensure genuine learning. However, balancing the preservation of academic integrity with making proper accommodations can be a complex challenge. Schools must uphold academic standards while ensuring equal access for all students--which means some disabled students may require additional resources that, for other students, would be considered cheating. (For example, allowing the student additional time to complete an exam or permitting them to bring lecture notes into the exam room.)
It is in this tension between lawful accommodations and maintaining academic fairness that misunderstandings about academic misconduct often occur. While the law does not require students or parents to disclose a disability, it is typically to the child's benefit to disclose a learning disability or mental health issue early in the learning process. This enables the school to create reasonable accommodations and lessens the chance of misunderstandings when it comes to academic conduct.
Title IX Violations
All schools that receive federal funding, which includes virtually all K-12 public schools and most colleges and universities, are required to comply with federal rules regarding Title IX enforcement. Title IX protects students from sex-based discrimination, including sexual harassment and assault. Students with disabilities are at a higher risk of being victims of sexual violence, and schools must provide accommodations in these situations as well. However, disabled students may also be accused of violating Title IX policies if their disability affects their social interactions or communication, leading to misunderstandings and potential disciplinary action. Factors that may increase the likelihood of disabled students being unfairly accused of sexual misconduct may include:
- Difficulty in interpreting social cues: Students with disabilities may struggle to interpret social cues in intimate or sexual interactions that infer consent.
- Societal and institutional bias: There is a tendency to believe accusers and sometimes, unfortunately, a tendency to discount the credibility of the disabled.
- Lack of awareness: There is often a lack of awareness about the manifestations of certain physical or psychiatric conditions that can lead to misunderstandings.
- Campus policies on affirmative consent: Such policies may not consider the mental state of the accused.
Student Conduct Violations
Schools have codes of conduct in place to promote a safe and respectful learning environment. However, disabled students may struggle with understanding and following these policies due to their disability. While disabled students are 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 adequate 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 contributed to the 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.
How Pennsylvania Addresses Disciplinary Exclusions Involving Students with Disabilities
Pennsylvania state laws regarding disciplinary actions against disabled students are generally aligned with the ADA, IDEA, and Section 504, with a few additional policies in place regarding the removal of students from the academic environment (i.e., disciplinary exclusion). The Pennsylvania Training and Technical Assistance Network (PaTTAN) offers parents of disabled students a full explanation of student rights under the law, including disciplinary actions.
Reasonable Accommodations During School Disciplinary Proceedings
Schools have a legal obligation to provide reasonable accommodations for students with disabilities facing disciplinary action, just as they do in the educational process. However, it is essential that students and parents request these accommodations to ensure their rights are protected. Examples of these accommodations may include, but are not limited to:
- 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 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
Discipline for Students on an IEP
For K-12 students on an Individualized Education Plan (IEP) who are accused of misconduct that does not call for disciplinary exclusion (i.e., suspension, expulsion, or change in educational placement), state law requires the IEP team to meet to consider appropriate disciplinary actions against the student. The IEP team may consist of the parents, school personnel, and anyone with expertise in the student's disability. The team must review factors such as whether the misconduct was related to the student's disability or if it was a result of improper implementation of their IEP. If either is found to be true, appropriate accommodations must be made.
Manifestation Determination for Disciplinary Exclusion
Disciplinary exclusion in Pennsylvania refers to removing the student from the educational environment, whether as a suspension, expulsion, or removal to an alternative education for disruptive youth (AEDY) program. For special education students facing this type of exclusion, Pennsylvania has specific policies in place to balance student rights with public safety. The law requires educators to hold a manifestation determination meeting to determine whether the student's misconduct was directly related to their disability. The law only permits the disabled student to be excluded if the misbehavior was not disability-related.
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 ascertain whether the student's conduct issues are a result of the school's failure to implement the IEP correctly or if the misconduct is inherently linked to, or significantly influenced by, the student's disability.
If the investigation reveals 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.
Exceptions to the Rule
In some cases, a disabled student may still face immediate disciplinary exclusion even if their misbehavior is ultimately determined to be disability-related. These exceptions can occur if the misconduct involves:
- Possession of weapons or drugs on school premises
- Serious bodily injury to another person
- Likelihood of injury to the student or others if the student is allowed to stay.
In these instances, the law permits the school to remove the disabled student to an interim alternative educational setting for up to 45 days, pending a manifestation determination meeting. During this time, the disabled student must still receive proper accomodations and education services in the alternative setting. The parents must be given a Notice of Recommended Educational Placement (NOREP)/Prior Written Notice form to sign indicating their consent. If the parents refuse to consent and the school feels a safety issue is at stake, they may obtain a court order to remove the student. If the manifestation determination concludes after the fact that the misconduct stemmed from the child's disability, the student must be reinstated under revised accommodations as determined by the IEP team.
Challenging a Manifestation Determination
Parents who disagree with the results of a manifestation determination meeting have the right to challenge it through an impartial due process hearing. If the dispute involves a disciplinary exclusion (i.e., suspension, expulsion, or removal to an alternative setting), this due process hearing must occur within 20 days of the complaint. A hearing officer will hear both sides of the dispute and make a final ruling.
Protecting Your Disabled Child's Rights in Pennsylvania
Facing misconduct charges from a college, university, or high school can be an overwhelming experience for both students and parents—particularly when the student has a disability. The situation may seem especially challenging, leaving you uncertain of your next steps and the potential for negative outcomes. The Student Defense Team at the LLF Law Firm has extensive experience helping disabled students and their parents nationwide navigate complicated disciplinary issues. We will evaluate your child's situation, examine the available evidence, review the school's policies and compliance with the law, and work to secure a fair resolution that protects your child's rights. In situations where the school has clearly violated the child's rights, litigation also becomes an option. To schedule a consultation, call the LLF Law Firm today at 888-535-3686 or fill out our online form.
