School Discipline and Truancy

If a student has an IEP or Section 504 Plan, they have specific legal protections related to school discipline.

• If a school plans on suspending a student with an IEP or 504 Plan for more than 10 days in a row or 15 days total in one school year, then the school must conduct a Manifestation Determination Review.

  • If the behavior is determined to be substantially related to the student’s disability, they may not be excluded from school unless the behavior involved drugs/weapons, or resulted in serious bodily injury.

• If your child is receiving multiple detentions or suspensions, their educational programming may not be providing sufficient behavioral supports.

• Behavioral supports should be in place before a student’s behavior escalates and causes significant disruption to their education.

• Students can become so overwhelmed, anxious, or frustrated when their IEP or 504 Plan is not helping that they begin to skip classes or refuse to attend school. If you or your child have been charged with truancy, your child’s educational program may not be providing enough support.

• If a student is struggling with mental health conditions like anxiety or depression, their emotional state may be causing them to sleep in class, exhibit irritability, or display verbal and physical aggression. Students who struggle with emotional dysregulation deserve to be supported, not disciplined.