IDEA provides important protections for students with disabilities facing disciplinary action at school.
A school may suspend a student with a disability for up to 10 consecutive school days if the suspension does not constitute a “change in placement.” The school’s staff determines whether a “change in placement” occurred. Their decision is based on the following factors:
- In the event that a series of suspensions totals more than 10 school days in a school year,
- Whether the student’s behavior has been similar to her previous suspensions, and
- Other factors include the length of each suspension, the total suspension time, and the proximity of suspensions.
In cases where suspension is determined to be a change in placement, long-term suspension rules apply.
Long-term suspension
A school may suspend a student with a disability for more than 10 consecutive days when:
- In addition, the student’s IEP does not provide for anything else.
- In this case, the student’s conduct was determined not to be a “manifestation” of the child’s disability.
Manifestation determination
To determine whether the student’s conduct was a manifestation of his or her disability, the district must hold a meeting within 10 school days from the date of suspension.
- A student may be suspended more than 10 days if conduct is not a manifestation.
- The student must return to school placement immediately if conduct is a manifestation, unless the 45-day exception applies. It is also necessary for the school to conduct a functional behavioral assessment. The purpose of this assessment is to identify the causes of a student’s problem behavior(s) and to develop a plan to address them.
The 45-day exception
For the following behaviors, a school may place a student with a disability in an alternative Special Education School Suspension claim setting for 45 days, even if the behavior is a manifestation of the student’s disability:
- Weapon possession
- Knowing that illegal drugs are possessed or used
- Injury to another person resulting in serious bodily harm
Resources
You can seek help if you believe a student has been disciplined inappropriately, or in a way that violates their rights:
Advocates for Children of NJ: 973-643-3876
New Jersey Disability Rights: 1-800-922-7233
Education Law Center: 973-624-1815
Legal Services of NJ: 1-888-576-5529
Advocacy at SPAN: 973-642-8100
Expulsions
Expulsion is usually the last resort after trying to improve a pupil’s behavior through other means. It is possible, however, for a school to expel a student for a ‘one-time’ offense in exceptional circumstances.
It is up to the expelling authority to make the decision to expel your child. This is the Education Authority in the case of controlled schools, and the Board of Governors in the case of all other grant-aided schools.
A decision to expel can only be made after a consultation meeting between the Principal, the Chairperson of the Board of Governors, you, your child, a representative from the EA in your region, or a representative from the Catholic Maintained School, if your child attends a Catholic Maintained School.