School districts in Missouri can enforce their codes of conduct against elementary, middle, and high school students. However, they cannot enforce policies in a way that discriminates against students with disabilities. Similarly, colleges and universities in Missouri must accommodate disabled students and must not discriminate against students with disabilities. The unfortunate fact is that schools and universities in the US disproportionately discipline children and young adults with disabilities. School-aged students with disabilities are far more likely to be suspended or expelled than non-disabled peers. As disabled students enter colleges or universities, this pattern of misuse of discipline continues. Students with disabilities are entitled to protection from discrimination based on disability, but many do not take advantage of these protections. When a disabled student at any level faces discipline, they must consider the role the disability may have played.

The LLF National Law Firm is a Nationwide Student Defense Firm

The LLF National Law Firm is a nationwide firm of experienced education attorneys. We represent students with disabilities accused of misconduct or academic violations. For college or university students, the LLF National Law Firm Student Defense Team can help stop academic discipline and secure accommodations and modifications for disability. Even where a student has failed to notify the college previously of their disability status, the LLF National Law Firm can assist in securing the best outcome possible and protecting disability rights. Call 888.535.3686 or provide your details online, and we will contact you.

Primary and Secondary Students with IEP/504 Plans

When Missouri students are already receiving special education services, they have protections from discipline for behavior caused by or related to that disability. These students may have an IEP under IDEA, or they may have a 504 Plan. Under these laws, the school must evaluate students with disabilities before significant discipline or a “change in placement.” This means that before suspension, expulsion, or movement to a far more restrictive environment, the school must address disability.

In Missouri, the school district makes decisions about the discipline of disabled students using the Discipline Documentation Form for Students with IEPs. This unusually complex form can be difficult to understand. If you struggle to understand the complex procedures described in this form, call the LLF National Law Firm.

Change in Placement/Long Term Suspension

Under federal law, a proposed suspension must last more than ten days to constitute a “change in placement.” Missouri regulations refer to this as a “long-term suspension.”

These days may be consecutive or follow a “removal pattern” of shorter suspensions for the same conduct or type of conduct. To determine whether several shorter suspensions are part of a pattern, the school will ask two questions:

1. Is the student’s behavior in the past instances of suspension “substantially similar?”

2. Do other factors—such as length of prior suspensions, total amount of suspension time, or proximity of removals—show a pattern?

If the student is subject to a long-term suspension, the school must determine whether the misconduct was caused by or related to the student’s disability. To do this, the school must conduct a Manifestation Determination Review (MDR).

Manifestation Determination Review

In an MDR, the school must determine if the misconduct that led to the discipline is a “manifestation” of the child’s disability.

Misconduct is a manifestation of a disability if:

  • The disability caused the misconduct.
  • The misconduct has a direct and substantial relationship with the disability.
  • The misconduct directly resulted from the school’s failure to implement the IEP.

The Manifestation Review is done by an IEP Team, who will review:

  • The IEP file.
  • Any information or materials provided by the parent.
  • Information provided by the child’s teacher.
  • Any other relevant information.

After reviewing the above items, the IEP Team will determine whether the behavior was based on disability.

  1. Where the School Finds Behavior Was Based on Disability.

Where the school finds that the behavior was the result of or related to the disability, it will be very limited in disciplining a student for that behavior. In Missouri, the school must do a functional behavioral assessment (FBA) and use this information to develop a behavioral intervention plan (BIP). In most cases, the student must be returned to the same classroom with enhanced services and support. The school and the parent may agree to placement in an alternative setting, and in some limited instances, the child may be placed in an alternative setting. However, the school must always look first to returning the student to the general education classroom with enhanced services under a BIP.

These enhanced services might include:

  • Counseling or therapy for behavioral issues.
  • Modification or accommodations of classroom policies.
  • More support as part of the BIP.

In Missouri, the school district will have another set of policies for instances in which drugs, weapons, or serious bodily harm is involved. A student may be transferred to an Interim Educational Setting (IES) for up to 45 days if:

  • The student possesses a weapon at school or school functions.
  • The student uses or possesses illegal drugs or sells controlled substances at school or school functions.
  • The student inflicts serious bodily injury upon someone at school or a school function.

The school may seek a more long-term placement of a student it maintains is dangerous to themselves or others. The school can file for an expedited hearing or a court injunction to keep a student out of the school if it can prove the student is too dangerous to be in the school environment. The superintendent and the school district’s legal counsel will generally initiate this process. Any parent receiving notice of this type of expedited hearing should contact the LLF National Law Firm immediately.

  1. Where the School Finds Behavior Was Not Based on Disability.

If the school finds that the behavior is not related to disability, it can discipline the students in the same way as non-disabled students. However, it cannot discriminate or discipline the student differently.

A parent or guardian may appeal a finding that the student’s disability played no role in the misconduct.

  1. Appeals.

In Missouri, a parent may appeal the results of the Manifestation Determination or a decision to change the student’s placement to the Missouri Department of Elementary and Secondary Education, Office of Special Education. The parent or guardian has a right to see all evaluations or other information used in the determination prior to the hearing. Before an appeal hearing, a parent should retain an experienced education attorney.

If a Disabled Student is Not Receiving Special Education

Disabled students may be protected from discipline even if they are not under an IEP or 504 Plan. If a Missouri school “knew or should have known” that a student had a disability before an incident, the school must conduct an evaluation and manifestation review. This situation might arise where either a parent or a teacher has requested an evaluation, but the school district did not provide it promptly. The teacher may have expressed concern about a pattern of behavior to the principal, which should have led the school to do an evaluation. 20 U.S.C. §1415(k)(5) (B(i-iii)). However, this exception will not apply if the school did an evaluation and determined that the student was ineligible or if the parent denied permission to do the evaluation. If the school did have knowledge of the disability, the student must be given an education and an expedited evaluation and will proceed as any other student receiving special education services.

Discriminatory Effects of Neutral Policies or Practices

A policy may discriminate against students with disabilities even if it looks neutral on the surface. Consider a school policy requiring all homework to be completed on a laptop or tablet. A student who must limit screen time due to a disability could not possibly comply with this policy, regardless of how motivated they might be. This student would require accommodations, such as writing answers on paper or using text-to-voice and voice-to-text technology. They might need frequent breaks or quiet space to rest their eyes. Seemingly neutral policies often unfairly burden students with disabilities.

Discipline of College Students

At the college or university level, students are protected against discrimination based on disability by Section 504 of the FRA and the Americans with Disabilities Act (ADA). To be covered under these laws, a student must be a qualified person with a disability. A disability is an impairment that “substantially limits one or more major life activities,” including:

The term major life activities is quite broad and encompasses several activities relevant to college study:

  • Learning.
  • Reading.
  • Concentrating.
  • Thinking.
  • Communicating with others.
  • Interacting with others.
  • Standing, sitting and working.

Otherwise Qualified for Program or Degree

To be covered by the ADA’s protections, a student must be “otherwise qualified” for a college program or degree. A college or university may argue that a disability makes a person unqualified. To overcome stereotypes and outdated information, especially on mental health issues, a student may need the assistance of counsel.

Discipline at the College Level

College students have fewer protections than school-age children regarding disability issues, but they are protected. Title II of the ADA provides that all colleges or universities that receive public funding (nearly all) must reasonably accommodate students with disabilities.

Students with disabilities should request accommodation for their disability as soon as possible when they decide on a college. But you can request accommodation at any point during your college stay. If you are struggling academically, it is important to disclose your disability (if it is playing a role) and ask for accommodation. You might request the following types of accommodation:

  • Increased time allowed to finish degree.
  • Additional time for testing or other testing accommodations.
  • Substitution of courses or classes.
  • Note-taking assistance.
  • All types of assistive technology.
  • Attendance modifications, including virtual attendance.
  • Other necessary accommodations.

Sometimes, college or university students fail to notify their college or university of their disability out of fear of stigma or discrimination. If the discipline process is underway, the university must be informed of the disability. If you are unsure how to do this, contact the LLF National Law Firm and ask for assistance. Your attorney may want to present your disability as a defense at the hearing, but you may also want to seek accommodations immediately. Call and discuss your situation with the LLF National Law Firm.

Due Process Hearing for Misconduct

A Missouri college student may face charges made by their college or university for academic misconduct, sexual misconduct, or some other type of conduct violation. Depending on the procedure of the college or university you are attending, you will likely need to answer the charges in writing and attend a due process hearing.

Ahead of this hearing, an experienced attorney will negotiate with the college or university in an attempt to settle your case. The university may see the merit in proceeding with proper accommodation, particularly when the charges are academic.

If an informal settlement is not possible, your attorney will help you prepare for and assist with the due process hearing. The LLF National Law Firm will:

  1. Work with you to formulate a defense strategy.
  2. Answer the charges against you based on this strategy, including asserting that your disability led to the proposed discipline.
  3. Investigate your claims.
  4. Assist with all aspects of the hearing.
  5. Assist with an appeal, if necessary.

The LLF National Law Firm Student Defense Team Can Help

If you are a student or the parent or guardian of a student facing discipline, the LLF National Law Firm can help. We assist Missouri parents of school-age students with disabilities in defending against suspension or expulsion. The LLF National Law Firm is also experienced in defending college undergraduates with disabilities charged with academic, sexual, or other misconduct allegations. Whether you are from Kansas City, St. Louis, Columbia, or elsewhere in Missouri, the LLF National Law Firm Student Defense Team can help you defend against charges and assert your rights. Call 888.535.3686 or provide your details online, and we will contact you.

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