THE INFORMATION PROVIDED IS NOT INTENDED IN ANY WAY TO BE LEGAL ADVICE AND IS ONLY INTENDED TO BE INFORMATIVE MATERIAL FOR YOU TO DISCUSS WITH YOUR ATTORNEY. THIS INFORMATION IS NOT GUARANTEED TO BE ACCURATE. IT IS IMPORTANT THAT YOU DISCUSS ANY QUESTIONS YOU MAY HAVE WITH AN ATTORNEY LICENSED IN YOUR STATE.

Discipline issues with the school can be one of the most stressful situations that parents of children with disabilities encounter. A child's disability may interfere with the child's ability to behave, interact with other children, or pay attention in class.

Discipline issues can range from instructors refusing to accept late homework or forgotten assignments from a high functioning autistic student to expulsion of a student with a bi-polar disorder for unruly conduct. If your disabled or challenged child is receiving discipline, facing expulsion or suspension - it is important that you act quickly. If your child has been removed from school or is without educational services as the result of disciplinary action, you need to retain an attorney.

We encourage parents to contact us with questions. We will post anonymous questions and their answers periodically to help keep parents undated as to what they can do to assist their child who is facing discipline.

My child with high functioning autism is being disciplined repeatedly for actions related to his disability such as forgetting assignments, being late, and even being drowsy from medication – what can I do?

Disciplining a child for actions related to their disabilities is inappropriate and may do them psychological harm in some cases. Congress acted to correct this in the IDEA statute where they made parents part of the team to determine whether the child's misbehaviors were caused by their disabilities. We would suggest you consult with your child's therapists or pediatrician, and then contact an attorney. It is essential for your child to be in an appropriate program that will provide them with a IEP that will properly accommodate their disabilities by allowing extra time on homework, as well as a place for time-out if their mediation is causing drowsiness.

My child is being expelled – what should we do?

Students with disabilities in Indiana who encounter expulsion attempts should be aware that they have the right to two procedures under the IDEA. First, a meeting must be held to determine if the misconduct is a manifestation of the disability and if so, what services need to be provided the child. This is called a manifestation meeting. Second, the school district may permit the student to remain in the present program or propose an "alternative interim placement" for the student during the time the student would normally be suspended or expelled but not to exceed 45 days. The alternative interim placement must be decided by the IEP team and must be the least restrictive environment under the circumstances. Students have the right under IDEA to challenge both the manifestation determination and the alternative interim placement in an expedited special education due process hearing before a special education hearing officer.

If my child is being expelled do we have the right to have counsel present during the expulsion proceeding?

The Indiana Court of Appeals has ruled that a student has no right to have counsel present during an expulsion proceeding. In Lake Central School Corp., v. Anthony Scartozzi, the Court reversed the decision of a trial court which found that the student had been denied due process when his attorney was barred from participating in an expulsion meeting. The student was then subsequently examined by the expulsion examiner and expelled for two months for reasons not stated in the opinion. The parents appealed to the school board which did permit the attorney to participate. They then followed up with the lawsuit to district court in Indiana which found in their favor. The school board appealed. The Court of Appeals found that the student did not have the right to have an attorney present during the expulsion meeting process.

My child has a bi-polar disorder and has gotten suspended repeatedly through the school year. The school has failed to provide an educational assistance during that time. Is this legal?

The school has a duty to educate your child, even if they need to create a homebound program or pay for a private school to do so. It is essential that if your child has behavioral problems tied to their disability that they have a functional behavior assessment and a good behavior modification plan. If you child is suspended more than 10 business days, your school will be considered to have changed the placement of a you child. At that time an IEP Team must convene to determine what assessments are necessary and to develop a behavioral intervention plan; or, if your child already has a behavioral intervention plan, to review that plan and find a why to make it more effective. Within 10 school days, the IEP Team must conduct a review to determine if the student=s misconduct was related to the student=s disability

My disabled child is currently expelled. Do we have the right to request a homebound program?

Even if a special education student meets the legal criteria for expulsion, the law requires that the student continue to receive a Free Appropriate Public Education while expelled or suspended for a period in excess of ten school days, which accumulate during a school year. [20 United States Code (U.S.C.) Secs. 1412(a)(1)(A) and 1415(k); 34 Code of Federal Regulations (C.F.R.) Sec. 300.520.]

My child has not been deemed eligible for special education, but they have severe ADHD, ODD, and an obsessive compulsive disorder. They have now been expelled – is there anything I can do?

A Due Process Hearing to determine eligibility can be requested. If your school is found to have failed in their child find duty and your child is found to be eligible for special education, than the hearing officer may order a homebound program, alternative placement, or another remedy to ensure your child's right to a Free Appropriate Public Education.