Inciting Incident

A student, who is already classified as special education, does or says something which according to state law and/or a local school districts’ code of conduct is punishable by expulsion.

Protections for Special Education Students

The school is aware that federal law requires a different procedure for disciplining special education students, although parents should educate themselves in order to advocate for their child’s rights. By law, a school cannot simply expel a Special Education certified student.

Stay-Put Rule

A Special Education student has a legal right to "stay-put" in his or her educational setting until the necessary meetings, hearings, or testing is complete. It is against the law for a school to expel a Special Education student pending any further meetings. If the school feels the student is a serious threat to the safety of other students, an alternative educational placement must be set up. This is not limited to home schooling.

Addressing the Issue - Manifestation Hearing

The parent, teachers, and school administrators will meet to discuss whether the behavior was a result of an insufficient Individualized Educational Plan. In order for the child to be expelled, the school must prove the behavior or incident was in no way a result of the student’s disability. Sometimes, schools will recommend alternative placements for students who have been unsuccessful in their current placement. It is a viable option to be considered by the parent and student. However, it is in the students’ best interest to remain in the “least restrictive environment,” and it may be worthwhile to give the student another opportunity in their current placement.

If your child has been expelled, or is facing expulsion, and is classified as Special Education.

QuickGuide to Special Education Protections from Discipline