Students’ Rights in School Discipline

What You Can Do in These Situations

If your child has special needs, disciplinary issues at school can become a stressful, confusing matter.

What did my child do? Did the school properly accommodate my child’s disability? What rights does my child have in these situations?

Yes, the school can discipline your child but your child has rights also. However, in many cases schools will administer punishment without taking into consideration the special education laws laid out by the federal government to protect students with disabilities.

If you think the school system is treating your child unfairly, a special education attorney can help protect yours and your child’s rights in these situations.

The process can be daunting. The school system will have their attorneys ready. You need to have one, too.

The Cuddy Law Firm has practiced special education law for almost 20 years. We know how to make sure your child gets the education they deserve.

Talk to us today to get your case started.

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Your Child’s Rights After a Disciplinary Infraction

If your child has an Individualized Education Program (IEP) or a 504 plan, there are certain protections under the law if they are involved in a disciplinary infraction. Sadly, sometimes the school system fails to fully follow these guidelines or ignores them completely.

After the school takes disciplinary action against your child, the school must allow you the following:

• Written Notice – By law, parents must receive a written explanation of the rules your child broke and notify you of disciplinary action being taken.
• Right to a Defense – The process is not over after discipline is administered. Your child has the right to defend himself against any allegation of misconduct made by the school.

Defenses can include:

• False Accusation – If you’re able, you can prove the accusation against your child is without merit.
• Legal Right to Engage in Conduct – Just like any other student, your child is protected by the Constitution. That means they have the right to free speech, to be free from unreasonable searches, and to defend themselves from harm. Sometimes, we see schools overreach in this area.
• Failure to Follow IEP and 504 plans – These plans are supposed to detail your child’s disabilities and help prevent situations they are poorly equipped to handle. If the plan is not followed, disciplinary situations can arise, and your child could face inappropriate punishments—such as a suspension—for behavior related to their disability. If this has happened, you have the right to overturn the disciplinary measure.

We know this can be overwhelming. We can answer any questions you have, and evaluate your options.

You Don’t Have to Go Through This Alone

In some instances, we see the school system try to intimidate parents into accepting disciplinary measures for their children, no matter the situation.

If you don’t have an experienced special education lawyer on your side, it’s understandable to fall prey to that. You just want to move forward—the last thing you want to do is dwell on this.

But you want the best for your child. And when your child’s rights are violated, it makes you angry. You want to stand up to the school system.

The Cuddy Law Firm can help.

We know the law, and the protections available.