Dealing with a possible expulsion of your child from school is incredibly stressful. When your child has special needs, it can add even more layers of stress and confusion. Knowing your child’s rights and your next steps will help you as you navigate this situation.
Understanding your child’s rights
Children with special education needs have specific protections under the Individuals with Disabilities Education Act (IDEA). This federal law ensures children with disabilities receive a free and appropriate public education (FAPE) tailored to their individual needs and provides crutial protections when faced with expulsion proceedings.
Immediate steps
If your child faces expulsion, act quickly:
- Request a meeting: Contact the school to request a meeting to discuss the situation. This meeting is often called a “manifestation determination review” (MDR).
- Gather documentation: Collect all relevant documents to build your case. Include your child’s Individualized Education Program (IEP) and school records. You may also want to include any communication with teachers or administrators and private providers.
- Understand the MDR: The MDR determines if your child’s behavior was a manifestation of their disability. If it was, the school cannot proceed with expulsion.
You also might want to bring an attorney to the MDR. Professionals who specialize in special education law can offer invaluable support and guidance.
Understanding the manifestation determination review
The MDR is a required IEP meeting and is a critical step in the expulsion process. The MDR/IEP team determines if your child’s behavior had a direct and substantial relationship to their disability. They also consider if the behavior resulted from failure to implement the IEP.
There are a few potential outcomes of the MDR process. The team may determine the behavior was related to your child’s disability. If so, the school must focus on behavior intervention through changes to the IEP or placement. In this situation, there cannot be an expulsion.
However, the team may conclude the behavior was not a manifestation of the disability. In this case, the school may proceed with disciplinary actions, including expulsion. However, your child still has certain rights. Notably, they are to continue receiving educational services during the expulsion period.
If you disagree with the MDR’s outcome, you have the right to appeal the decision.
Advocating for your child’s future
Parents play a crucial role in ensuring their child receives the education they are entitled to. By understanding their child’s rights, Parents can better support and advocate for them. In the meantime, you can seek out resources and support networks to bolster your efforts. This way, you can address the immediate crisis while reinforcing the foundation for your child’s future success.