Special Education Expulsion

Special Education Expulsion Or Section 504 Expulsion

When students who receive special education through individualized education programs (IEP) or Section 504 plans are removed from school for more than 10 days or expelled, they are entitled to a manifestation hearing.

You and your child have significant legal rights in these cases. However, it is critical to obtain a skilled attorney to protect those rights. The attorneys of Leigh Law Group have extensive experience representing students at manifestation hearings and assisting students and parents in navigating these complex hearings. We offer you and your child knowledgeable and cost-effective guidance through the challenges of expulsion.

Experienced Representation To Defend You

If students in special education programs or on Section 504 plans have a series of suspensions up to 10 days, they may be expelled. The determination of whether a student’s misconduct is related to their disability is slightly different for each plan:

• Section 504 removals: The Office for Civil Rights (OCR) implements the regulations for Section 504 plans. A manifestation hearing is also required by law. There is also an option to file an internal uniform complaint or, alternatively, proceed to federal or state court if you dispute the outcome of the manifestation hearing.
• IEP removals: The school, parents and other members of the student’s education program team evaluate documentation and hear testimony to decide if the conduct in question was related to the child’s disability or whether the student’s conduct was a result of the failure to implement the education program.
  

What Happens At A Manifestation Hearing?

A manifestation hearing must be held when a child is removed for more than 10 days from school in a school year for behavior. Manifestation hearings allow parents to offer evidence that:

1. The charge of misconduct is not supported by the facts.
2. The charge of misconduct is a direct result of the child’s disability.
3. The charge of misconduct is due to a failure of the school district to implement the education program or Section 504 plan.
4. The charge of misconduct does not require removal from school. Rather, the school district should consider additional supports, services and alternative placements.
5. There are strict procedures and timelines when appealing a manifestation hearing decision. Thus, it is critical you hire a seasoned attorney who understands all aspects.

Leigh Law Group‘s special education attorneys can guide you through every step of the hearing process. If you are not satisfied with the result of the hearing, we can help you challenge the decision through appeals in state or federal court. We are committed to protecting you and your child’s rights in these tough cases.