Georgia’s high schools and institutions of higher education are beholden to their codes of conduct that maintain academic standards, behavioral guidelines, and other regulations to promote student growth. While students with disabilities are held accountable for their actions like their peers, state and federal protections guarantee accommodations in the disciplinary process for equitable outcomes. However, schools sometimes fail to carry out legal obligations or properly enforce their own rules, putting students with disabilities at risk for severe, unwarranted punishment.
Defending a student’s academic future from misapplied disciplinary policies can be a daunting challenge, especially when students with disabilities aren’t given the necessary support. Fortunately, they don’t have to face allegations of academic, behavioral, or sexual misconduct at your school alone.
The LLF National Law Firm Student Defense Team has the skills needed to help students with disabilities in Georgia’s high school, college, and university grievance procedures. We’re staffed with a team of dedicated individuals with the finesse to build a beneficial defense strategy or negotiate with an institution’s Office of General Counsel (OGC). Call the LLF National Law Firm Student Defense Team at 888-535-3686 now or visit us online.
Can Your High School Discipline You if You Have a Disability?
Every student in the U.S. is guaranteed a free and appropriate education (FAPE). Since students with disabilities sometimes have challenges that may inhibit their academic or developmental progress, state and federal regulations direct schools and school districts to provide reasonable accommodations to ensure FAPE. Consequently, accommodations are also afforded during disciplinary procedures.
High schools will discipline students with disabilities for substantiated misconduct. However, they must adhere to the following regulations regarding the nuances of the process:
- Individuals with Disabilities Education Act (IDEA): This act supports a student’s right to receive special education services designed to meet their unique learning challenges and prepare them for graduation, further education, employment, and independent living.
- Section 504 of the Rehabilitation Act: A precursor to IDEA designed to prevent discrimination against students with disabilities in programs that receive federal financial assistance.
The Georgia Department of Education is responsible for supervising and monitoring the above provisions for K-12 programs. Students may receive accommodations until they graduate with a high school diploma or age out at 21.
High School Code of Conduct Violations
High schools throughout Georgia—public and private—have their respective disciplinary procedures outlined in their codes of conduct. Although there are many charges or allegations of misconduct a student may face, they are typically categorized into the following:
- Academic misconduct
- Behavioral misconduct
- Sexual misconduct
- Title IX violations
Academic misconduct includes actions that are seen to provide an unfair advantage in a student’s classroom work or breach the school’s academic integrity policy. Some common examples are cheating, plagiarism, and falsification. Students with certain communication or learning disabilities can struggle to comprehend academic integrity rules, leading to involuntary misconduct. Moreover, inadequate accommodations may push some students towards misconduct to cope with difficult or unmanageable learning and assessment methods.
Behavioral misconduct—sometimes called non-academic misconduct—includes issues that disrupt the daily flow of the educational process but are not directly related to academics. Some common examples are disruptive behavior, frequent tardiness, vandalism, and disrespect towards teachers or administrators. Students with pronounced behavioral disorders may exhibit misconduct as a manifestation of their disability. What teachers and administrators may perceive as misconduct could be a student’s response to overwhelming emotions and discomfort due to unmet needs.
Sexual misconduct and Title IX violations are often grouped together but are different in scope. Title IX regulations manage instances of bullying, harassment, and discrimination, such as bias or unfair treatment based on race, gender, sexuality, or disability. On the other hand, sexual misconduct surrounds inappropriate touching or exposure that does not directly involve a civil rights violation. Students with disabilities can be more susceptible because of their differences in social skills or behavior. For instance, some may act out forms of bullying or harassment due to mimicking behaviors they’ve been subjected to or coerced into.
Georgia High School Disciplinary Processes
When schools seek to manage alleged misconduct regarding students with disabilities, part of the process involves determining whether the student’s disability was a source of the allegations. Therefore, Georgia schools will task a Student Support Team (SST) to conduct a manifestation determination. Parents and school special education personnel may also conduct a review on a student who may be showing evidence of a disability but has no recorded disability, per IDEA guidelines.
The review aims to determine whether the student may need an individualized education plan (IEP) to align with FAPE. The process begins with the SST, which includes the student’s parents, teachers, and other relevant personnel to complete the following:
- Assess the student’s information, such as functional behavioral assessments, behavioral intervention plans, and relevant medical reports.
- Determine whether the alleged misconduct directly relates to the student’s disability.
- Verify whether the alleged misconduct directly resulted from the school’s failure to implement an IEP.
IEPs will list all reasonable accommodations given to a student with a disability. Each student is handled on a case-by-case basis and will have program alterations and modifications that allow them to experience the education environment alongside their peers.
In situations wherein the disciplinary period for the alleged misconduct is longer than ten days, or SST determines that the student is better served and rehabilitated outside of the normal classroom setting, a disciplinary change of placement may occur. Known as an alternative educational program or an interim alternative education setting, it provides students with disabilities a chance to focus better in an off-campus location. After the student returns to their normal education environment with a new or modified IEP, they will receive, as appropriate, further services designed to address violations and their reoccurrence.
Are College Students Afforded Disability Accommodations?
The collection of services that high schools offer students with disabilities differs considerably from the accommodations that post-secondary institutions can or must provide. Higher education institutions are expected to make academic programs and services accessible to all students with physical accessibility needs to ensure that they can meaningfully participate in academic life.
However, colleges and universities are not required to alter the content of academic courses in ways that could affect the fundamental nature of the course or impose undue hardship upon the institution. They are also expected to diagnose disabilities or provide personal assistants and tutors to students with disabilities, although students sometimes may receive assistance when they are subject to disciplinary procedures.
College Code of Conduct Violations
Academic misconduct in college is similar to that in high school. Yet, some institutions have additional types of unfair academic advantages like bribery, collusion, and misrepresentation. Students with disabilities must follow academic integrity rules like their peers. While institutions will accommodate students, it’s typically on a case-by-case basis, giving the student the responsibility of acquiring academic accommodations.
Behavioral misconduct isn’t confined to the college campus. Georgia schools generally hold disciplinary jurisdiction over students at off-campus events and in many other areas that aren’t the classroom. Some common examples include illegal drug use, theft, and computer network misuse. Social pressure can be a significant factor in such allegations, as students with disabilities may feel the need to take part in certain activities in order to fit into campus life better.
For allegations of sexual misconduct or Title IX violations, institutions are pressured to deliver quick results in case management. However, if colleges don’t provide reasonable accommodations for an accused student with a disability during the disciplinary process, it could result in an unfair decision. Some examples of Title IX and sexual misconduct can include:
- Discrimination
- Hazing
- Harassment
- Sexual violence
- Sexual exploitation
Students with disabilities might struggle with interpreting social signals in close or sexual interactions, possibly because of social or behavioral issues not fully addressed during their K-12 education. Furthermore, there can be a lack of understanding or patience from peers or college staff towards students with disabilities, which can complicate the situation.
Georgia College and University Disciplinary Processes
Most of Georgia’s institutions of higher education follow a clear process to ensure disciplinary actions are fair, but students with disabilities may find this process challenging. Students alleged to have committed misconduct will be informed of the particular charge, initial evidence, and their rights during the grievance process. One right includes the opportunity to have an advisor present, that may only serve in a consultatory capacity to the student, not as a representative of the student to the disciplinary board or panel.
During the hearing, both sides can give their account of the actions that are transcribed, submit evidence, call witnesses for testimony, and make personal statements. The decision on whether the student is responsible is based on the “preponderance of the evidence” standard, which means it’s more likely than not that the student did what they’re accused of.
When dealing with sexual misconduct claims, universities have certain obligations to both the accuser and the accused. During live hearings, both parties have the right to legal counsel and the chance to question witnesses. It’s worth noting that some universities have two different sets of policies for sexual misconduct: one that follows Title IX guidelines and another that may offer additional rights to students.
Problems Students with Disabilities Face in Disciplinary Proceedings
No matter what level of disciplinary process a student may encounter—high school, college, university, or other graduate program—each can quickly upend their academic future. Unfortunately, the unique challenges students with disabilities encounter can impact their ability to fully participate in the process and respond to questioning from administrators and disciplinary authorities.
The obstacles students with disabilities face may be tracked back to the institution’s lack of preparedness to accommodate their needs. Some of the problems students may confront include:
- Institutional Unawareness: Schools may have policies that provide reasonable accommodations for differences in various processes to better care for students with disabilities. However, teachers and school staff members may lack an awareness of them or an understanding of how to carry them out.
- Accessibility Issues: Students with physical limitations may struggle to attend hearings or participate effectively in disciplinary processes unless special accommodations are made. Similarly, students with auditory, speech, or visual impairments may encounter communication barriers if they don’t have access to vital support systems, such as sign language interpreters or accessible materials.
- Discriminatory Issues: Actions linked to specific disabilities might be wrongly perceived as inappropriate behavior or resistance, resulting in unjust disciplinary measures. Furthermore, societal biases concerning disabilities could sway the perspectives and judgments of participants in the disciplinary proceedings, regardless of their intentions and despite federal protections.
- Increased Isolation: Students concerned about the potential pushback or unfair treatment of disclosing a disability may lead some to skip working to obtain the accommodations they need to succeed. Unfortunately, when they face disciplinary actions, it can easily cause unjust barriers to clearing their name following allegations.
High school, college, and university students shouldn’t expect detailed guidance and assistance for securing accommodations or other resources automatically. Consequently, they shouldn’t expect institutions to take the effects of disabilities into account when assessing suitable disciplinary actions.
How Can the LLF National Law Firm Help Georgia Students?
Schools in Georgia must follow the rules and regulations designed to protect students with disabilities throughout their academic journeys. However, these students may still face challenges getting the support they need or unfair treatment when they get into trouble. This can lead to students with disabilities being wrongly accused of misbehavior and facing obstacles that make it harder for them to succeed in school. With the risk to their academic future, there is no greater need for help than now.
The LLF National Law Firm Student Defense understands how Georgia’s high schools, colleges, and universities manage students with disabilities in grievance procedures, including how the process can be unfair and biased against them. Our team stands prepared to build a solid defense strategy for any situation, including brokering a beneficial resolution with a school, district, or institution’s OGC. Call the LLF National Law Firm at 888-535-3686 now or reach out through our confidential online consultation form.