If You Believe Your Child Has Been Improperly Suspended, Expelled Or Alternatively Reassigned – Please Contact Windsor Law LLC Today

Suspension can be in school or out of school – either way, the student is not in class learning. If this occurs over a period of time that meets or exceeds ten total school days over the entire school year, a claim can be made for a change of placement.

Expulsion is an extended suspension and has an even greater impact on learning. When a child is expelled from school, that means they are no longer allowed to attend school for a long period of time; 45 days, a year or longer.

Expulsions have a deleterious effect on a student’s social, emotional and academic welfare. It is often impossible or nearly impossible to find another school that will take the student. We can guide parents to help their child deal with the expulsion and access their education through alternative means that do not include attending an alternative school, aka alternative placement.

When either of these events (multiple suspensions or an expulsion) occurs, there are lost opportunities to learn, and these lost opportunities to learn will have an impact on school performance and result in increased dropout rates.

This is even more the case when the suspension(s) or expulsion leads to an alternative placement in a school for students with disciplinary problems.

Understanding Alternative Placement

Alternative Placement occurs when a student is assigned to an alternative education program offered by the school system for up to one full academic year and sometimes longer. An alternative placement changes the location of educational services to a different location for the student, and this different location will be populated with other students who have undesirable and often dangerous behaviors.

Alternative placements or schools are “supposedly” designed to educate students who have not been successful in regular schools, often because of behavior, disciplinary and safety concerns. Rarely are these schools successful in addressing the educational needs of these students; instead, they serve as warehouses for unwanted students who are mostly minority students—contributing to the “school to prison pipeline” problem. As noted in the Southern Poverty Law Center’s “The School-to-Prison Pipeline” article, federal data highlights that Black students are over 3.5 times more likely to face suspension than their white peers, and students with disabilities are twice as likely to face school-related arrests, heavily accelerating this pipeline.

Students With IDEA Or 504 Protected Disabilities And The Rules Related To Alternative School Placement

If a student has a disability, there are procedural safeguards that must be adhered to before assigning them to an alternative school placement. For more than 15 years, we have successfully represented students across a wide range of disciplinary matters. Our deep familiarity with the inner workings of educational systems sets us apart: Attorney Windsor is a former classroom teacher, and Attorney Teitelbaum is a former Assistant Superintendent and School Board General Counsel.

Because of this unique background, we recognize that some of these students are extra work for a district. Sometimes, they get into trouble simply because they are extra work. We also recognize that they don’t really like being different, and sometimes their underlying conditions mean they cannot help making poor choices.

From K-12 proceedings up through college and graduate-level administrative discipline, we understand student discipline and know exactly how to protect students’ rights.

The Manifestation Determination Review (MDR) Meeting

Whenever a school proposes a disciplinary change of placement exceeding 10 school days, an MDR meeting must be held. In a Manifestation Determination Review Meeting, we force the district to answer two critical, legally binding questions:

• Was the conduct in question caused by, or substantially related to, the child’s disability?
• Was the conduct in question the direct result of the school district’s failure to implement the IEP?

We make sure that if the answer to either question is a “yes,” the student is treated fairly and allowed to stay in school. Furthermore, we ensure the necessary behavioral protections and accommodation updates are put in place going forward to help them make better choices so they can remain in class and learn.

Parents rarely know their child’s rights, making this a potential minefield for an uninformed family. Obtaining the best possible results often depends on the nature of the alleged offense and the student’s documented or suspected disabilities.

Each and every case is unique, and the facts need to be carefully considered to obtain the best possible outcomes. We at Windsor Law LLC handle these cases exceptionally well.

For Help Protecting Your Child From Being Improperly Disciplined – Please Contact Us At Windsor Law LLC Today

Call 941-487-7527 or email us to set up a consultation.