Protecting the Rights of Students with Disabilities Facing Expulsion in Connecticut
As a parent of a child with disabilities, it’s essential to understand the legal protections in place if your child faces expulsion from school in Connecticut. Here’s what you need to know:
1. Manifestation Determination Review (MDR)
Under the Individuals with Disabilities Education Act (IDEA), before a student with an Individualized Education Program (IEP) or 504 Plan can be expelled, the school must conduct a Manifestation Determination Review (MDR). This review must occur within 10 school days of the decision to change the student’s placement due to a code of conduct violation. The purpose is to determine whether the behavior in question was:
Caused by, or had a direct and substantial relationship to, the child’s disability; or
The direct result of the school’s failure to implement the IEP.
If either condition is met, the behavior is considered a manifestation of the child’s disability, and the school cannot proceed with expulsion. Instead, the school must take immediate steps to address the behavior, which may include conducting a Functional Behavioral Assessment (FBA) and implementing or modifying a Behavior Intervention Plan (BIP).
Even if an expulsion occurs, students with disabilities are entitled to continue receiving educational services to ensure they progress toward meeting their IEP goals. This provision ensures that the child’s right to a Free Appropriate Public Education (FAPE) is upheld, even during disciplinary removals.
If your child does not have an IEP or 504 Plan but exhibits behaviors that suggest a disability, the school may still be obligated to provide protections. If the school had knowledge of the child’s potential disability before the behavior occurred—such as concerns expressed by teachers or a request for evaluation—the child may be entitled to the same protections as those with identified disabilities. This includes conducting an MDR before any expulsion decision.
If your child is facing expulsion, consider the following actions:
Request an MDR: Ensure the school conducts a timely MDR to determine if the behavior is linked to your child’s disability.
Review the IEP or 504 Plan: Confirm that all accommodations and services were appropriately provided.
Seek Legal Assistance: Consult with a special education attorney to navigate the process and protect your child’s rights.
5. Emphasis on Restorative Practices
Many Connecticut schools are adopting restorative approaches to address student behavioral issues, focusing on understanding and addressing the root causes of behavior rather than resorting to exclusionary practices like expulsion. Programs such as the School-Based Diversion Initiative have been implemented in several districts, leading to reductions in court referrals and improved access to behavioral health services.
Understanding these protections and procedures is vital to advocating effectively for your child’s education and well-being. For a more discussions on this topic, watch our informative video below:
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Note: This blog is intended for informational purposes only and does not constitute legal advice. For specific concerns, consult with a qualified attorney.
