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Describe three aspects of due process for a school seeking to suspend a student
Describe three aspects of due process for a school seeking to suspend a student with disabilities. Refer to the readings in this topic for further assistance.
After answering the questions in at least 120 words you will then respond to the following two classmates in a positive reflective way. they have also gave there thoughts on the same question. You will responded to both using 120 words each. thank you.
1. When a student with disabilities has been suspended from school, there is process that must be taken to ensure that the student will still be continuing their education. According to the IDEA, disabled students are protected from being removed from the classroom “if the conduct leading to suspension or expulsion is a manifestation of their disability. Unless the charge is for carrying a weapon, seriously hurting another, or drug possession, the school must hold a hearing within 10 days” (American Civil Liberties Union of AZ, n.d.). If the student has been found to be guilty, then the school district must provide an alternative education setting. (American Civil Liberties Union of AZ, n.d).
A manifestation meeting must be held to determine if the behavior was directly or substantially related to the student’s disability or was the behavior a direct result of the school’s failure to implement the child’s IEP. (Kids Legal, n.d.).
When deciding to suspend a child with a disability or not the school needs to make sure documentation has been taken and double check to make sure the IEP has been followed and the BIP (if the student has one). If the teachers or resource teacher have not been following it or if they didn’t file the documentation on time, then the student’s suspension or expulsion may not have the proper grounds for leaving (Gordon, 2017).
American Civil Liberties Union of AZ. (n.d.). Know your rights – a manual for AZ public school students.
https://www.acluaz.org/sites/default/files/documents/SRHFINAL.pdf
Kids Legal. (n.d.). Special education discipline: suspensions and expulsions.
https://kidslegal.org/special-education-discipline-suspensions-and-expulsions
Gordon, Vincent. (2017). Disciplining students receiving special education.
https://files.eric.ed.gov/fulltext/ED573889.pdf
2.When a school seeks to suspend a student with disabilities, ensuring due process is crucial to uphold the student’s rights under the Individuals with Disabilities Education Act (IDEA) and the Fourteenth Amendment of the U.S. Constitution. Here are three aspects of due process that schools must consider in this context:
Individualized Education Program (IEP) Consideration: Before suspending a student with disabilities, the school must consider the student’s Individualized Education Program (IEP) and whether the behavior leading to the suspension is a manifestation of the student’s disability. IDEA mandates that schools conduct a Manifestation Determination Review (MDR) whenever a student with disabilities faces disciplinary action. During the MDR, the school team, including the parents, reviews the student’s IEP, evaluates the behavior in question, and determines whether the behavior is related to the student’s disability. If the behavior is determined to be a manifestation of the disability, the school must take alternative disciplinary measures and provide appropriate supports and services to address the behavior.
Procedural Safeguards and Parental Involvement: Schools must provide parents of students with disabilities with procedural safeguards, including notice and an opportunity to participate in the disciplinary process. Parents should receive written notice of the proposed suspension, including the reasons for the suspension and their rights under IDEA. They should also have the opportunity to attend the MDR meeting, present evidence, and advocate for their child’s interests. IDEA emphasizes the importance of meaningful parental involvement in decision-making processes related to the education and discipline of students with disabilities.
Appeal and Remedies: If a student with disabilities is suspended, IDEA provides avenues for appeal and remedies to address procedural violations or wrongful disciplinary actions. Parents have the right to challenge the school’s decision through a due process hearing or mediation, during which an impartial third party reviews the case and resolves disputes. If the hearing officer finds that the school violated procedural safeguards or failed to provide a free appropriate public education (FAPE), remedies may include reinstatement of the student, revision of the student’s IEP, provision of compensatory services, or other corrective actions to address the harm caused by the wrongful suspension.
In summary, ensuring due process for students with disabilities facing suspension involves considering the student’s IEP, providing procedural safeguards and parental involvement, and offering avenues for appeal and remedies to address violations of IDEA and the student’s rights. By upholding these aspects of due process, schools can promote fairness, accountability, and the educational rights of students with disabilities.
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