Disciplinary Suspensions and Expulsions
It is never easy, as a parent, to receive a phone call from your child's school to learn about a discipline matter. It is natural to be put on the defensive and question the punishment selected by the school. In cases where your child is facing a suspension or expulsion, it is helpful to talk with an attorney to ensure that you understand the legal rights to which you and your child are entitled.
At the education law firm of Kirsch-Goodwin & Kirsch, our suspension and expulsion attorneys are particularly sensitive to families with special education students and their concerns. For more information or to schedule a consultation with one of our lawyers, contact our Arizona education law firm online or call our office at 480-585-0600.
Protecting the Rights of All Arizona Students Facing Suspension, Expulsion or Bullying Charges
If your student has been accused of serious behavior and is facing a removal from the school or classroom, you need to understand your child's legal rights in this situation. Our experienced Arizona education attorneys will look into whether the allegations are founded and thoroughly examine the school's written policies and handbooks to determine the legitimacy of a suspension or accusation. We will take all actions necessary to ensure that your child's future is protected.
Protection Rights of Special Education Students in Disciplinary Matters
Federal special education laws protect students with disabilities from being disciplined for conduct resulting from or substantially related to the student's disability. If a school is going to suspend or transfer a student with an IEP to an alternative educational setting for more than 10 days, the student's IEP team must hold a meeting called a manifestation determination review (MDR) meeting. You must know your and your child's legal rights before going into the MDR.
At the MDR meeting, the members of the IEP team will determine whether the alleged behavior the violation of the code of conduct was a manifestation of the student's disability. If the behavior is a manifestation of the disabilitym the student must be returned to the classes he or she was in prior to the discipline charges. The school must also develop a plan to address the student's behavior that led to the discipline. If the conduct involved guns, weapons or illegal drugs, or if the student seriously injured another person, the school has greater authority to remove a child, even if the conduct is related to his or her disability. Whatever the situation, we can accompany you to the MDR, or we can assist you in preparing for the MDR.
Contact Our Scottsdale Office for Legal Advice or Legal Representation Regarding School Discipline Matters
For more information about how we can help your child, call our Arizona education law firm at 480-585-0600
orcontact our office online