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You are here: Families & Children > Special Education > Special Education Rights for Children & Families > School Discipline/Behavioral Issues & Special Education
Click on a question below:
What if my child hurts himself, hurts others, or is destructive?
What if my child is suspended from school?
What if my child is expelled from school?
Who is part of the pre-expulsion assessment?
What does the IEP team look at in the pre-expulsion meeting?
What if I don't agree with what the team decides?
What if the team decides that my child's disability didn't cause the bad behavior?
What if the team decides that my child's disability caused the bad behavior?
What if my child isn't eligible for special education yet?
What if my child hurts himself, hurts others, or is destructive?
This behavior can get in the way of your child's IEP. So the LEA will make a "behavior intervention plan" to deal with children who hurt themselves or other people, or break things.
The plan is supposed to change the behavior. It should be added to your child's IEP. After your child has a behavior intervention plan, bad behavior will be considered part of their disability.
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What if my child is suspended from school?
The principal of your child's school will follow the California Education Code to decide if a student should be suspended.
A special education student can be suspended just like regular students. But they can't be suspended for more than 10 days, no matter what. Click here  to find the California Education Code.
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What if my child is expelled from school?
Section 48915 of the California Education Code says what things your child can be expelled for doing. Your child can be expelled or suspended for some of the same things.
But a special education student can't be expelled until they have a pre-expulsion assessment.
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Who is part of the pre-expulsion assessment?
The IEP team has an IEP meeting. The team decides if the student should be expelled. Parents can be part of the pre-expulsion assessment meeting.
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What does the IEP team look at in the pre-expulsion meeting?
The IEP team decides if the child's placement was right when they misbehaved. They will also look at how the child's actions are connected to their disability. The team has to decide if the behavior was caused by the disability. This is called a "manifestation determination."
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What if I don't agree with what the team decides?
If you disagree with the team's decision about placement, the manifestation determination, or with certain information that the team based its decision on, you can ask for an "administrative due process hearing." (Click here for more information.)
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What if the team decides that my child's disability didn't cause the bad behavior?
If the team decides that the disability didn't cause the bad behavior, and that your child had the right educational placement, they will be punished like any other student. They can even be expelled.
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What if the team decides that my child's disability caused the bad behavior?
Your child can't be expelled if their disability caused the bad behavior or if they didn't have the right educational placement when they misbehaved.
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What if my child isn't eligible for special education yet?
You may still be able to get special protection if your child misbehaves.
If the LEA knew about your child's disability before he or she misbehaved, you can get protection for your child from them.
The LEA knew about the disability if:
- A parent asked for an assessment or wrote a letter saying they were worried about a disability,
- The behavior proves that the child needs special education, or
- The child's teacher or someone who works for LEA told the director of special education or other personnel that they were worried about the child's behavior.
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Last modified: 03/17/2008
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