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If Your Child Is Disabled, Can They Be Expelled?
To answer the question above, “Yes, if your child is disabled, then they can be expelled.” But, even though this is true, the expulsion process is slightly more complex than it would normally be.
Going over what the process of expulsion will be like if your child is disabled and speaking with a California school expulsion lawyer at the Law Office of Katie Walsh, who can defend them throughout the expulsion process, will allow your child to remain at school.
What Is A School Expulsion?
A school expulsion is a situation in which a student is permanently removed from the school they are attending.
Just as an example, if a student assaults a student, then they can be expelled. And, if they are expelled from the school they are attending, then they can no longer go to that school.
A student cannot be expelled for just any reason. Rather, they must have done something that is worthy of an expulsion; a violent assault is one such action, although there are many others.
If a student is set to be expelled, they have a number of rights that they can and should exercise.
What Happens If A Disabled Child Is Expelled?
A disabled child who is expelled has the same basic rights as any other child. And the most significant of these rights are as follows:
- The right to an expulsion hearing.
- The right to obtain one’s student records before the hearing.
- The right to inspect the evidence that is being used as a basis for expulsion.
- The right to bring an attorney to the expulsion hearing.
- The right to cross-examine witnesses at the expulsion hearing.
- The right to question the evidence being used to support expulsion.
- The right to present new evidence.
- The right to remain silent.
Every single one of these rights can and should be exercised.
Just as an example, if a disabled child is set to be expelled, they can request an expulsion hearing and, with the help of an attorney, present evidence that contradicts the supposed need for expulsion.
Even though the above is true, there is one other right that must be exercised. This right is as follows: Your disabled child has the right to a manifestation determination IEP meeting.
What Is A Manifestation Determination IEP Meeting?
A manifestation determination IEP meeting is a meeting in which the following is determined: whether or not your child should be expelled and, if not, whether an assessment and further IEP services should be required.
Just as an example, if a disabled child acts out due to their disability, then this will be assessed. This assessment can lead to further IEP services being provided so your child can be better supported in class.
If this meeting fails to stop an expulsion, then you, your child, and an attorney can file for due process. Doing so will stop the expulsion and allow another legal outcome to be obtained.
Speak With An Orange County School Expulsion Hearing Attorney
If your child is disabled, they can be expelled. But, with the help of an attorney, your child can defend themselves from the expulsion they are facing.
Speak with an Orange County school expulsion hearing lawyer at the Law Office of Katie Walsh today, and we will assist your child in remaining at school.