Understanding How Special Needs Students Can and Cannot Be Disciplined at School

Some people hold the mistaken belief that students with special needs cannot be disciplined. That isn’t true. There are, however, limitations on how and for what a special needs child can be punished. It’s important for you to understand the rules to make sure your child isn’t being mistreated by the school.

A Downward Spiral of Punishment

Many parents of kids with special needs go through the same experience. The child acts out and is suspended. Another suspension follows. And another. Soon, the school uses these incidents to recommend that the child be transferred elsewhere.

If the transfer led to better services and better outcomes, this might be fine. That’s rarely the case, however. Many children are transferred to an alternative school that lacks the resources to provide a proper education. Your child ends up being punished twice.

Suspension and Placement Changes and ARD Committee Meetings

When a school district tries to move a special needs child, it triggers an action called an Admission, Review and Dismissal (ARD) committee meeting. A suspension, whether in school or at home, that lasts more than 10 days triggers an ARD meeting. An attempt to transfer the child to an alternative school does, as well.

These meetings involve the parents and other stakeholders in the child’s education. It’s vital to be prepared for these meetings, as the school will prioritize their interests over your child’s.

Escalated Punishment

In some cases, suspensions are just the beginning. Some schools will threaten to call the police, depending on the age of the child and the nature of the infraction. You might be surprised to learn that children as young as 10 years old can be arrested in Texas.

Legally, when it comes to the punishment your child receives, the discipline cannot be because of the disability or special need. Schools are not allowed to punish kids for having special needs, and they can’t use the disciplinary process to avoid their responsibility for educating your child.

Whether a punishment is allowed or not is partially determined in a Manifestation Determination Review (MDR) hearing. In that hearing, the school has the burden of proving that the punishment isn’t discriminating against the child based on disability.

Help With Preparation

MDR and ARD meetings both require you to be well informed as a parent. In some cases, the school will have their lawyer present, as well as teachers, psychologists and other experts. You may want to have your attorney with you to make sure your child’s rights are not violated.

Call for Experienced and Compassionate Legal Guidance

Whether you need support in preparing for a meeting, or a representative by your side, we can help. At The Fell Law Firm, our caring team knows what it’s like to fight for the educational rights of children with special needs. Call our Dallas-Fort Worth offices at 469-765-3304 or contact us online to schedule a consultation.