When a child with a disability gets in trouble at school, different rules apply. Florida law and federal special education law impose specific requirements on school districts before and after discipline is imposed and as a parent, you have rights in this process.

THE FIRST 10 DAYS: STANDARD DISCIPLINE

A school can suspend any student, including a student with a disability, for up to 10 cumulative days in a school year without triggering special protections. However, if the suspensions form a pattern of the same type of behavior, and would cumulate to more than 10 days in a school year, special protections apply.

AFTER 10 DAYS: PARENTS MUST BE INVOLVED

After a student with a disability has been suspended for more than 10 days, the school must treat the student differently. You must be invited to a meeting where it will be decided whether the behavior was caused by or was a direct result of the child's disability.

THE MANIFESTATION DETERMINATION

This meeting is called a "manifestation determination." You will have the opportunity to provide input at this meeting. If the IEP team decides the behavior WAS caused by the disability, the school cannot simply punish the child. Instead, the school must gather information about what is happening and develop a plan to support the child.

CHANGE OF PLACEMENT

If the school wants to move your child to a different school or program because of behavior, that is considered a "change of placement." The district must notify you in writing before making any such change. If you disagree and file a legal complaint, the district can move your child to an alternative setting during the legal process.

IMMEDIATE REMOVAL

The school can move your child to an alternative setting immediately for up to 45 days, with notification, but without a meeting if your child brought illegal drugs or weapons to school, or if your child severely harmed another person.

YOUR RIGHTS

You have the right to receive written notice before any change of placement, attend and participate in all meetings about discipline, and to contest discipline decisions you believe are unfair or based on your child's disability.

If your child is facing school disciplinary issues, learn more about your rights and the education legal services available through Florida Rural Legal Services, Inc. Visit FRLS.org or call 1-888-582-3410 for more information.