When a school seeks to suspend a student with disabilities, due process involves adhering to specific legal safeguards to ensure that the student's rights are protected. Here are three key aspects:

1. Manifestation Determination Review (MDR)

Before suspending a student with disabilities for more than 10 consecutive school days (or a series of removals that constitute a pattern), the school must conduct a Manifestation Determination Review. This meeting determines whether the student's behavior is directly related to their disability or the result of the school failing to implement their Individualized Education Program (IEP). If the behavior is a manifestation of the disability, alternative actions must be considered.

2. Provision of Free Appropriate Public Education (FAPE)

Even during a suspension or removal, schools are required to provide the student access to educational services to ensure the continuation of Free Appropriate Public Education (FAPE). This includes the ability to make progress toward IEP goals, often through alternative settings or supplemental services.

3. Parental Notification and Rights

Schools must promptly notify parents of the suspension decision and provide them with a copy of their procedural safeguards under the Individuals with Disabilities Education Act (IDEA). Parents have the right to challenge the school's decision through a due process hearing or other dispute resolution methods, such as mediation.

These safeguards ensure a balance between maintaining a safe learning environment and upholding the educational rights of students with disabilities.

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JL