Understanding the School Disciplinary Process
No one wants to get that call. The one from the school that lets you know your child is in trouble.
If your child receives special education or has a disability, the disciplinary process has additional layers of complexity.
Parents need to understand their child’s rights under federal and state laws. They also need know be prepared on what to expect throughout each step.
The Phone Call
Schools are required to inform the parents or guardians of a student if they are being suspended. Parents will likely receive a phone call first, then schools will follow up with an email and a letter of suspension.
Suspension
Suspensions will be a set number of days. Special Education students have restrictions on the number of days and number of times they can be suspended in an academic year.
Parents should compile data on their child, treatments, environment, and/or disability. This will help in two ways:
It starts the file, if needed, for due process and/or potential legal action
It will help parents, the school, and clinicians to identify patterns that may give insight into why a behavior occurred.
Due Process
School representatives conduct an investigation. This should include witness statements.
Parents and guardians are entitled to copies of redacted witness statements and investigation notes. They should have an opportunity to meet with a school representative in person. They may also request that their child not speak to school personnel without a parent or guardian with them.
Once the investigation is complete, parents are notified of the outcome.
Hierarchy of Disciplinary Responses
There are several different paths a school may take for discipline. Parents need to understand the hierarchy of responses as well as alternative measures.
Parents should ask if there is an opportunity for restorative practices and/or justice. These are approaches to discipline that include the ability to make amends for prior actions.
Behavioral issues rarely happen in a silo. Parents should discuss having a behavioral plan to support a student moving forward.
Understanding Rights with a Disability
Students with disabilities are protected under their IEP or 504 plan. If the investigation concludes that the issue was caused or influenced by the underlying disability, then the path through due process may change.
There are suspension limitations on special education students as part of due process. Students must continue to receive services during their suspension. Suspensions of 10 or more days may necessitate an interim change of placement.
A manifestation determination meeting and/or causation meeting may be necessary to understand whether the behavioral actions are manifestations of the disability.
Students suspected, but not previously identified as disabled add another layer. Families must investigate whether the school had prior knowledge. If they did and did not report it to Child Find, then a new review should occur.
Appeals of Due Process
Not every decision makes sense. Parents can appeal if they are not in agreement with the outcome of the disciplinary process.
The ultimate goal is not to punish the child but to figure out ‘why’ an action occurred. With the ‘why,’ school teams can create a structured plan to prevent it from happening again.