We regularly represent parents and students at suspension and expulsion hearings, and we can help your family navigate what is for many one of the most stressful experiences of your child's educational career.
What is the difference between a suspension and an expulsion?
A suspension is a short-term removal from school (in Michigan and Ohio, 10 days or less). Students have an informal opportunity to appeal a school's decision to suspend them. Each school generally has its own specific rules about how that appeal process works.
An expulsion is a long-term removal from school (10 days or more), and are intended to be used as discipline for more serious conduct issues. Students have the right to a hearing before a school board or their designee prior to the imposition of an expulsion. Expulsion hearings vary widely by district - some occur before the whole school board, and some occur before a superintendent or another designated administrator.
Can a school still suspend or expel my child if they are on an IEP or 504 plan?
Yes, although your child may be entitled to additional protections under the law depending on the length of the removal being proposed and the child's prior discipline history.
What is a Manifestation Determination Review (MDR)?
This is a meeting of an IEP team which is required whenever a student who receives special education services is removed from school for more than 10 days in a school year. This can be consecutive or non-consecutive days (ie- five separate suspensions of two days each). At an MDR, the team meets to determine whether the conduct in question leading up to the proposed discipline is a manifestation, or a result of, the child's disability.
What is the difference between a suspension and an expulsion?
A suspension is a short-term removal from school (in Michigan and Ohio, 10 days or less). Students have an informal opportunity to appeal a school's decision to suspend them. Each school generally has its own specific rules about how that appeal process works.
An expulsion is a long-term removal from school (10 days or more), and are intended to be used as discipline for more serious conduct issues. Students have the right to a hearing before a school board or their designee prior to the imposition of an expulsion. Expulsion hearings vary widely by district - some occur before the whole school board, and some occur before a superintendent or another designated administrator.
Can a school still suspend or expel my child if they are on an IEP or 504 plan?
Yes, although your child may be entitled to additional protections under the law depending on the length of the removal being proposed and the child's prior discipline history.
What is a Manifestation Determination Review (MDR)?
This is a meeting of an IEP team which is required whenever a student who receives special education services is removed from school for more than 10 days in a school year. This can be consecutive or non-consecutive days (ie- five separate suspensions of two days each). At an MDR, the team meets to determine whether the conduct in question leading up to the proposed discipline is a manifestation, or a result of, the child's disability.
