Expulsions and Suspensions

Los Angeles Special Education Attorney

Children who have an individualized education program (IEP) enjoy certain protections when facing disciplinary action including suspension and expulsion. Although your child can be suspended, and under some circumstances can even be expelled from the school district, your child must still be provided with special education services necessary to advance in the IEP. If your child is facing suspension or expulsion, please talk to special education attorney Fred J. Fleming right away.

Suspension for 10 Days or Less

A child in special education can be suspended for up to 10 days without services. If your child is suspended for more than 10 days in one school year, special education services must be provided for each day beyond the first 10 days.

Manifestation Determination

If the school intends to remove your child for more than 10 days it must notify you right away, and hold a Manifestation Determination within the first 10 days of removal. The Manifestation Determination is used to determine if the behavior which led to disciplinary action was a manifestation of your child’s disability. This includes:

  • Behavior which is caused by or directly related to the disability
  • Behavior which is a direct result of the school district failing to follow the IEP

If it is determined that the behavior was not a manifestation of the disability your child can be expelled, but is still entitled to special education services. If it is found to be a manifestation of the disability, your child cannot be expelled, but may be placed in interim placement outside the school for a limited amount of time under certain circumstances.

Interim Placement

Interim placement means your child attends a different school with comparable services for up to 45 days.  If your child is still deemed to be a danger at the end of the first 45 days, then this can be extended for another 45 days. Circumstances which can lead to interim placement include:

  • Bringing a weapon to school or a school event
  • Bringing illegal drugs to school or a school event
  • Selling illegal drugs at school or a school event
  • Causing serious bodily injury to another person at school or a school event
  • Hearing officer deems the child a danger to self or others at current school
  • Parent agrees to interim placement in writing

Fighting The School’s Decision

If you disagree with the school’s decision regarding manifestation or believe that your child has inappropriately removed from his school for more than 10 days, you can request a due process hearing.

If your child has been suspended or expelled the Los Angeles Law Office of Fred J. Fleming is here to help you defend your child’s legal rights to special education. Please contact us online to schedule your initial consultation and find out how we can help.

The materials on this website are for general information purposes only. This website does not create an attorney-client relationship.
Any description of previous success is not intended to and does not imply success regarding your potential lawsuit or hearing.