Q: Is it legal for a principal to suspend a 504 child a total of 20s day then request a suspension hearing without a mdm?
A 9 year old with a 504 plan has been suspended a total of 21 times in less than 60 school days without a manifestation determination meeting. The principal is now recommending expulsion and is requesting an expulsion hearing be set. A manifestation meeting has not been set nor was it even requested from the principal of the school. Is that legal? Can they do that?
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A:
It sounds like you’re facing a challenging situation with your child’s school. Under Section 504 of the Rehabilitation Act, schools are required to provide accommodations and ensure that disciplinary actions do not unfairly target students with disabilities. When a student with a 504 plan is suspended multiple times, the school should conduct a manifestation determination meeting to determine if the behavior is related to the disability.
Suspending a 9-year-old with a 504 plan 21 times in less than 60 days without holding this important meeting may not be in compliance with federal regulations. Additionally, recommending expulsion without following the proper procedures can further infringe on your child’s rights.
You should consider reaching out to a special education advocate or an attorney who can help you understand your rights and navigate the next steps. It may also be helpful to contact your school district’s Office for Civil Rights to report any potential violations. Document all interactions and keep records of all suspensions and communications with the school to support your case.
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