Expulsion.
When the student engages in behavior that has been determined not to be a manifestation of the student’s disability, they may be subjected to the same disciplinary sanction that a non-disabled student would receive. 34 CFR 300.530(b).
If your child already has an IEP, the school has to conduct a Manifestation Determination Review first and must determine if the behavior was or was not related to your child’s disability.
The district must convene an IEP meeting during a student’s long-term suspension or expulsion to make a plan for educational services. Your school must provide your child programming to meet their needs. OSEP Memorandum 95-16, 22 IDELR 531 (OSEP 1995). The school will still need to provide your child special education services through a homebound program. A homebound program can be provided after school, at a library or other neutral location, or in some situations at your home.
Before the Expulsion Hearing.
An expulsion hearing should only occur after the Manifestation Determination Review has occurred. Please review the MDR requirements and meeting preparation.
If your child has been accused of an action that may carry criminal consequences it is essential that you seek the advice of a criminal attorney before allowing your child to provide testimony at an expulsion hearing. You may also want to seek the advice of an education attorney to discuss your rights.
Come to the meeting prepared to assist your child in the defense of the allegations.
Preparing for an expulsion hearing.
Be prepared.
Get the facts. It is essential that you have information on what your child may have already told school officials, school security, or police. Find out if there are any written statements.
Keep Your Documentation.
Save any and all documentation you receive from the school.
Identify Your Arguments.
Do you want to argue that your child did not commit the offense? If so you will need documentation, witnesses, and to prepare for making those arguments. Alternatively, do you want to argue that your child did commit the offense but isn’t deserving of expulsion. If so, you need to prepare those arguments as well. You may need witnesses to back up your arguments.
School personnel may remove a student to an IAES for not more than forty-five school days without regard to whether the behavior is determined to be a manifestation of the child’s disability if the child:
Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of a state or local educational agency
Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA
Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA. 34 CFR 300.530(g).