In Idaho, high schools, colleges, and universities are authorized to create codes of conduct and expect compliance from their students. However, when developing these guidelines, some institutions fail to account for the rights of students with disabilities, potentially leading to unfair disciplinary actions against them.
Facing an accusation of misconduct by an educational institution is challenging under any circumstances. This challenge is compounded for students with disabilities if the institution neglects to provide the accommodations they require, further skewing the balance in favor of the institution. Although these educational bodies have the authority to impose discipline, they also must treat all students fairly. Ignoring the needs of students with disabilities harms not only those students but also the integrity of the educational environment.
If you are a university student or the parent of a high school student who is dealing with a conduct violation that you believe is connected to a disability, it’s crucial to seek support from the LLF National Law Firm’s Student Defense Team. We offer assistance to students with disabilities in Idaho and nationwide, ensuring they have a strong defense. Contact us at 888-535-3686 or submit your details through our contact form.
The Disciplinary Process for College Students with Disabilities in Idaho
Being a student with a disability does not exempt you from your school’s standard disciplinary processes. Nevertheless, your educational institution must make accommodations for your disability throughout your tenure as a student. These accommodations must extend to any disciplinary proceedings.
If you encounter misconduct charges—whether related to academic integrity, violations of the student conduct code, or Title IX issues—and your school is aware of your disability, you are entitled to seek necessary accommodations for any hearings or interactions with school authorities.
Accommodations You Can Ask for During a College Disciplinary Procedure
Every institution is different, but there are some typical accommodations that colleges grant to students when asked for:
- Asking a counselor or assistant to be present with you during meetings with school officials or hearings
- Requesting meetings or hearings to take place in a location free from distractions or discomfort
- Taking a short break during the hearing if the situation becomes overwhelmingly stressful
- Requesting a temporary recess by having the disciplinary committee or school officials step out of the room, allowing you a moment to gather your thoughts and readiness to proceed
Even if you haven’t previously informed your college or university of your disability, you can seek assistance from your school’s disability support services following a misconduct accusation. It’s important to contact someone from this office as soon as you can, so you can be sure to have the accommodations you’ll need.
Academic Misconduct and Students with Disabilities
The Idaho Department of Education counted 36,871 students with disabilities from ages 3-21 for the 2021-2022 school year. This number makes up nearly 12 percent of Idaho’s entire student population. It considers students in local school districts, however. It doesn’t take institutions of higher education in Idaho into account. It’s not uncommon for students with identified developmental or intellectual disabilities in K-12 to stop receiving disability services when they go to college. Since colleges and universities don’t have the same requirements that K-12 schools do to find and evaluate children with disabilities, college students must self-identify and ask their schools for accommodations. Many students, for whatever reason, don’t ask for disability services when they get to college.
If college students don’t self-identify, it can become complex in matters of academic integrity. While institutions are obligated to uphold rigorous standards for academic conduct, they must also accommodate students with disabilities. Many schools don’t offer equitable treatment to students with disabilities in cases of alleged misconduct, however. For instance, a student who has been granted accommodations for their coursework might be wrongfully accused of academic dishonesty by a professor who isn’t informed of their accommodation needs. Examples of reasonable accommodations for academics and coursework include:
- Permitting the recording of lectures
- Allowing extra time for completing in-class work or exams
- Providing copies of the professor’s lecture notes or outlines
- The use of a reader, scribe, or word processor during exams
- Opting for oral exams instead of written ones
- Using calculators during exams
- Testing in environments with minimal distractions
- The use of grammar and spelling aids for essay exams
The University of Idaho, for example, has several policies concerning disability accommodations in academics. Some examples of the “reasonable modifications” the university lists are “changes in the length of time permitted for the completion of degree requirements, alternate testing methods, substitution of specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are conducted.” This list isn’t exhaustive, however, so you shouldn’t be afraid to ask for accommodations you need if they’re not in the university’s policy.
It is your responsibility as a student to be aware of your school’s policies on academic dishonesty and to request any necessary accommodations. If you’re uncertain about your coursework requirements and believe you might need modifications or support, you should communicate with your campus disability services office immediately. They can give you the resources and support you need to approach your professors and let them know about your accommodations.
The earlier your university is informed of your disability, the lower the chance of being wrongfully accused of cheating. If you find yourself accused of breaching the academic misconduct policy and believe it’s due to your disability, inform your school’s disability services promptly to seek support throughout the disciplinary process. Then, contact the LLF National Law Firm for guidance on the disciplinary proceedings.
Sexual Misconduct and Students with Disabilities
Allegations of sexual misconduct are very serious matters at colleges and universities. Yet, mishandling these cases can harm all parties involved. If your institution fails to provide necessary accommodations during the disciplinary proceedings, it may result in an unjust outcome. Educational institutions sometimes place a greater emphasis on enforcing sexual misconduct regulations than on upholding the rights of students with disabilities. This practice is unfair, particularly since students with disabilities are often disproportionately represented among both the victims of sexual misconduct and those wrongly accused.
Legally, schools are required to make accommodations for students with disabilities, including during disciplinary processes. However, the implementation of these accommodations can sometimes be uneven. Schools that effectively integrate considerations for students with disabilities into their policies may offer accommodations like:
- Including campus accessibility services as a resource for sexual misconduct
- Encouraging communication between offices handling sexual misconduct and disability services
- Clearly indicating the availability of disability accommodations within the sexual misconduct policy
- Providing support to accused students from the outset of a complaint
- Permitting students to verify their disability through medical documentation
If you are a student with a disability facing disciplinary action at your Idaho college or university, reach out to the LLF National Law Firm. We offer assistance to students nationwide in forming a defense against various misconduct charges. We work with students with disabilities as well, so we are well aware of the stress you may experience following accusations of misconduct by your educational institution.
Disciplinary Processes for High School Students with Disabilities
In high school, the disciplinary process for students with disabilities tends to be more stringent compared to the college level. At the K-12 level in Idaho, students with disabilities often have an Individualized Education Plan (IEP), which outlines the extent to which disciplinary actions can be applied. For major offenses, the procedure includes a manifestation determination review to assess if the behavior is linked to the student’s disability. For minor offenses that call for less severe consequences, such as written warnings, assignment do-overs, or detention, the process is generally the same for all students.
Manifestation Determinations in Idaho
Under Section 504 of the federal Rehabilitation Act of 1973, which protects the rights of individuals with disabilities, high schools are prohibited from discriminating against students with disabilities during disciplinary actions.
Before expelling a high school student, the school must conduct a formal assessment to determine if the student’s misconduct is a result of their disability. This assessment is known as a manifestation determination, and it is also necessary for suspensions exceeding ten days or for multiple suspensions that cumulatively exceed ten days.
During the manifestation determination meeting, the student’s IEP team reviews the behavior in question and considers appropriate disciplinary actions. Specific regulations in Idaho regarding this meeting include:
- The meeting must occur within ten school days of any decision to change the child’s placement due to misconduct.
- The district must provide written notice of the decision to the parents and the IEP team.
- Parents must be included in the IEP manifestation determination meeting.
- If the behavior was a manifestation of the student’s disability, the district must do a functional behavioral assessment or implement a behavior improvement plan.
- If the behavior was not a manifestation of the student’s disability, the student can be disciplined in the same manner as a student without a disability would be disciplined.
- The IEP team also discusses whether the student’s misconduct was a direct result of the district’s failure to implement their IEP.
- Students can be removed to an interim alternative educational setting for up to 45 days without a manifestation determination if they bring a weapon to school, use or bring controlled substances to school, or inflict serious bodily injury upon another person at school.
Parental Rights
If you disagree with the results of the manifestation determination or believe that your child’s removal is too drastic, you can ask for an expedited due process hearing. You can also ask for this hearing if your child gets removed to a 45-day interim alternative education setting and you don’t agree with this placement.
High School Academic Misconduct and Students with Disabilities
Most high schools in Idaho enforce an academic honesty or anti-plagiarism policy that forbids cheating, bribery, or unauthorized assistance with schoolwork. These policies aim to maintain fairness within the learning environment and ensure that no student gains an unfair advantage over others. All students, including those with disabilities, are required to adhere to these rules and may face penalties for non-compliance.
Many high school academic misconduct guidelines do not specify procedures for cases involving students with recognized disabilities. Since the typical penalties for academic misconduct do not usually result in expulsion, the manifestation determination process is not applicable, which places these situations in a gray area. While some districts might have policies addressing academic misconduct for students with disabilities, it’s often the case that individual schools within the district do not have specific guidelines.
If your child has a recognized disability and is still accused of cheating, plagiarism, or another act of misconduct, you are not obligated to simply accept the teacher’s decision regarding punishment. At the LLF National Law Firm, we assist students and families like yours in defending their rights. Your child is entitled to a fair and equitable education, and if they are accused and punished for academic misconduct related to their disability, they are not receiving the education they deserve.
Protecting the Rights of Students with Disabilities in Idaho
Facing allegations of misconduct from your college, university, or high school can be daunting. If you’re not familiar with the formal disciplinary processes that educational institutions use, you may not realize how quickly things can escalate.
Having the Student Defense Team from the LLF National Law Firm by your side gives you the support you need to defend yourself and hold your school accountable. It’s crucial for students with disabilities to remember that they have specific educational rights. If your institution doesn’t honor these rights, you can challenge their actions. We can help you determine the most effective strategy and develop your defense.
The LLF National Law Firm has a strong track record of helping students across the nation resolve disputes with their educational institutions. To protect your educational rights, contact the LLF National Law Firm today at 888-535-3686 or fill out our online form, and a member of our team will get back to you.