Your Child Is Being Suspended or Disciplined
Punishing a child for behavior caused by their disability is not just unfair — it violates federal law. Your child has critical protections.
What's Happening
Your child is being sent home from school repeatedly, facing in-school or out-of-school suspensions, or is threatened with expulsion. For children with disabilities, disciplinary removals can be devastating — they lose access to instruction, fall behind academically, and experience the emotional harm of being excluded. Schools often discipline students for behaviors that are directly related to their disability, which triggers powerful legal protections under IDEA and Section 504.
Your Child's Rights
- ✓ After 10 cumulative days of suspension in a school year, the school must conduct a Manifestation Determination Review (MDR) to decide whether the behavior was caused by or substantially related to the child's disability.
- ✓ If the behavior is a manifestation of the disability, the school cannot suspend or expel the child. The child must be returned to their placement, and the IEP team must conduct a Functional Behavioral Assessment (FBA) and create or revise a Behavior Intervention Plan (BIP).
- ✓ Even during disciplinary removals, your child has the right to continue receiving a Free Appropriate Public Education (FAPE) — the school cannot simply send your child home with no services after the 10th day.
- ✓ A pattern of short suspensions that add up to more than 10 days can constitute a "change of placement," triggering full procedural protections including the MDR and your right to challenge the removal.
- ✓ Parents have the right to appeal any manifestation determination they disagree with through an expedited due process hearing. During the appeal, stay-put protections may apply.
How LegalAction Helps
Manifestation Determination Advocacy
We attend the MDR meeting to ensure the team properly considers the connection between your child's disability and the behavior in question.
Suspension Pattern Analysis
We track all removals to determine if the school has exceeded the 10-day threshold and triggered change-of-placement protections.
BIP and FBA Development
We push for proper behavioral assessments and evidence-based intervention plans that address the root causes of behavior instead of punishing it.
Expedited Due Process
When a school wrongly determines that behavior is not a manifestation, we file for an expedited hearing to get your child back in school.
Don't Wait — Your Child's Education Is at Stake
Every day your child is out of school, they fall further behind and the emotional toll grows. Discipline cases move on tight legal timelines — contact us immediately so we can protect your child's right to stay in school.
