Q: Can a school district legally suspend a 504 student for suspicion of being under the influence and order a medical exam?
The student (who is on medication for ADHD/anxiety) ended up going to her family doctor, got drug tested, was cleared. She was still suspended for 3 days, then had to make up hours after school for the days she missed. The AP told the parent that he "prayed"over the situation and that this situation would be put "behind" them. It wasn't until after she was dismissed from the school that admin noticed she was a 504 student for mental health issues. She now feels targeted and we are looking for online home school options, which is complicated by a "discipline" report now on her record.
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A:
I'm sorry to hear about the challenges your student is facing. Under Section 504 of the Rehabilitation Act, students with disabilities are entitled to accommodations that support their educational needs. Suspending a student solely based on suspicion without clear evidence can be problematic, especially if it interferes with the accommodations outlined in their 504 plan.
It's important to ensure that the school follows proper procedures when addressing disciplinary actions for students with disabilities. Even if the drug test cleared your student, the suspension and requirement to make up hours might need to be reevaluated in the context of her 504 plan. Document all communications with the school and keep records of the drug test results and any other relevant information.
Consider reaching out to a special education advocate or an attorney who specializes in education law to explore your options. They can help you understand your rights and work with the school district to address any unfair treatment. Additionally, researching online homeschooling options that comply with state regulations might provide a suitable alternative for your student's education moving forward.
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