What Happens After 10 Days?
Once your child reaches that 10-day threshold (either consecutively or cumulatively in a school year), here's what should happen:
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- The school must schedule a "manifestation determination" meeting
- Educational services must continue
- You should receive written notice about any disciplinary actions
The Manifestation Determination Meeting
This meeting is crucial - it's where the school staff, IEP team and parents come together to answer two questions:
- Was your child's behavior caused by or directly related to their disability?
- Did the behavior happen because the school failed to properly implement the IEP?
What Comes Next?
It depends on the findings from that meeting. If the behavior IS related to the child’s disability:
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- Your child returns to their original placement (unless you agree to a change)
- The school must conduct a behavioral assessment
- A behavior intervention plan needs to be created or updated
If the behavior is NOT related to the child’s disability:
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- Regular discipline procedures may apply
- Your child must still receive educational services
Special Circumstances You Should Know About
There are some situations where schools can move your child to an alternative setting for up to 45 days, regardless of the manifestation determination:
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- If they bring weapons to school
- If drugs are involved
- If they cause serious bodily injury to another person
Pre-school students with disabilities may not be suspended or expelled. There are also certain restrictions on suspensions and expulsions up through 2nd grade.
Know Your Rights
As a parent, you have several important rights throughout this process:
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- You must receive written notice and due process rights for any disciplinary action, including the right to a school board hearing for long-term suspensions
- You have the right to participate in all meetings
- You can appeal decisions through due process
- You can request expedited hearings
- Your child has the right to continue receiving educational and related services no later than the 5th day of suspension
Understanding these rights is crucial for advocating for your child. While schools need to maintain safe learning environments, students with disabilities have specific protections under the law. Don't be afraid to ask questions and seek clarification - your involvement is key to ensuring your child's rights are protected.
Remember: These laws come from New Jersey Administrative Code (N.J.A.C. 6A:14-2.8 read with 20 U.S.C. § 1415(k) and N.J.A.C. 6A:16).
Note: This blog provides general information and should not be considered legal advice. Always consult with educational advocates or legal professionals for specific situations.