If a student’s behavior is due to their disability, they cannot be expelled, and cannot be suspended for more than 10 days in a row. Unless the parent and the school agree, the student is returned to the normal placement.
The school must immediately hold a meeting to conduct a Functional Behavioral Assessment (FBA). The team must then develop and implement a Behavioral Intervention Plan (BIP) for the student. If the student already has a BIP, the team must meet to review the plan and the way it is being implemented. If necessary, the team must change the plan to address the behavior.
If you believe your child with a disability was expelled for behavior that stemmed from their disability, you should attend the manifestation determination review. You can prevent a school expulsion hearing at the manifestation determination review by arguing that your child’s behavior was because of their disability. Or you can argue that your child’s behavior was because of the school’s failure to implement your child’s IEP.
If the school decides that your child’s misconduct does not stem from their disability at the manifestation determination review, you can appeal the decision by requesting an expedited due process hearing.