If your child has been suspended multiple times or is facing expulsion and they also have a disability, you may be watching two problems unfold at once without realizing the school has specific legal obligations it has not met. Children with disabilities face suspension and expulsion at significantly higher rates than their peers. That pattern is not accidental, and federal law was written specifically to address it.
What schools are required to do before removing your child
When a school wants to suspend a student with a disability for more than 10 school days or pursue expulsion, federal law applies. The Individuals with Disabilities Education Act requires the school to hold a manifestation determination review before moving forward. This meeting must happen within 10 school days of the school’s decision to remove your child.
The purpose of that review is straightforward. The school, together with the parents, must examine whether your child’s behavior was caused by their disability or by the school’s failure to implement the IEP correctly. If the answer to either question is yes, the school cannot proceed with expulsion. Instead, the school must conduct a functional behavioral assessment and update your child’s behavior intervention plan to address the situation properly.
It is also worth knowing that even when a manifestation determination finds that behavior was not related to the disability, the school must still provide your child with a free appropriate public education. That obligation does not disappear because of a disciplinary proceeding.
Many parents sit through these meetings without knowing that a finding of manifestation legally prevents the school from proceeding with expulsion. Now you know.
What it means when a school skips or mishandles the process
Schools do not always follow this process correctly. Some conduct the review without meaningful parent participation. Others conclude that behavior is not a manifestation of the disability without adequately examining the connection. When that happens, parents have the right to challenge the determination.
Here is what you can do if you believe the process was mishandled:
- Request a copy of all records related to the disciplinary action, including the manifestation determination meeting notes and any communications about your child’s behavior.
- File a state complaint with the California Department of Education if you believe the school violated IDEA’s procedural requirements.
- Request an IEP meeting to discuss whether your child’s current behavior intervention plan adequately addresses the behaviors the school is disciplining.
- Consider requesting an independent educational evaluation if you believe the school’s assessment of your child’s needs is incomplete.
You do not have to accept the school’s conclusion, and you do not have to go through this challenge alone.
What this looks like for families in San Diego and Riverside counties
Local school districts in San Diego and Riverside counties do not apply these protections consistently. Families in under-resourced communities, and those where English is not the primary language at home, face additional barriers in understanding and asserting these rights.
California Education Code provides additional protections for students with disabilities beyond what federal law requires, which means the full picture of your child’s rights is broader than what the school may have communicated to you.
An attorney who handles special education cases in Southern California can review your child’s disciplinary record, assess whether the manifestation determination process was handled correctly and help you understand what steps give your child the best chance of staying in school with the support they are actually entitled to receive.