Due Process to Challenge Disciplinary Exclusion

If your child's educational placement was changed for disciplinary reasons not related to his or her disability, you have the right to ask for a due process hearing to challenge that decision. During the hearing and any appeals, your child stays in the current placement, unless the incident involved drugs, weapon, or behavior that is a danger to your child or to others. In those latter cases the student stays in the disciplinary placement for up to 45 calendar days or to the end of due process, whichever occurs first.

School officials may ask for an expedited hearing if they believe the student is a danger to himself or herself or to others. In such case, the hearing officer must issue a decision with 45 calendar days.

Anytime a student is given a disciplinary removal that is a change in placement, or anytime a placement is changed for possession of weapons or drugs, school officials must still provide a free appropriate public education, including all services identified on the student's IEP, and any other services necessary for the student to reach the IEP goals.

The law contains certain protections for students yet to be identified as a child with a disability who face disciplinary procedures. If school officials knew or should have known that a student child was disabledbecause of written requests from the parents for an evaluation, because teachers or other school personnel expressed concerns about the behavior or performance of the child, or because the student's performance or behavior demonstrated a need for special services, the student is entitled to the protections given to students who already have been identified as being disabled and needing special education services.