If Should your child run into serious trouble at school, he or she may be suspended, which may affect his or her Individualized Education Program (IEP).
A school suspension lawyer can guide you and your family through this process and help you appeal for a compassionate resolution, depending on the offense. You can hire Special Education School Suspension Lawyer in New Jersey.
Susan Clark Law Group LLC’s special needs attorneys have a combined legal experience of more than 100 years. Please feel free to contact us if you have any questions about suspensions or other disciplinary issues.
You can find out more about how we can help your family pursue a favorable outcome by contacting us for a free consultation.
Common Reasons for Suspension
Students who do not adhere to school codes of conduct can be suspended for the following reasons:
- “Willful disobedience” or open defiance of authority figures
- Profanity or obscene language
- The defacing of school property
- Assaulting other students
- Stealing or extorting property or money from other students
- The act of trespassing on school grounds
- Harassing, bullying, or intimidating others
- When on school grounds, drug or alcohol possession is prohibited
- While at school, being intoxicated or under the influence of a controlled substance
When a student has a disability, the New Jersey Department of Education states that school district personnel can consider on a case-by-case basis any unique circumstances when deciding whether to impose a suspension or other discipline. The state also notes that preschool students with disabilities shall not be suspended or expelled.
A child with a specific emotional or behavioral disability is unlikely to be suspended for behavior related to that disability. A student with a disability may, however, be suspended if the school district determines that the objectionable behavior is unrelated to their disability.
Regardless of a student’s disability, certain behaviors, such as bringing weapons and drugs to school, assaulting school staff, and fighting, can result in expulsion.
Short-Term Suspension vs. Long-Term Suspension
The term “short-term suspension” refers to removing a student from a general education or special education program for a period of one to ten days. For a student to be suspended for 10 or more consecutive days, he or she must be removed from general or special education.
An alternative educational setting or interim setting may be ordered by school officials within five days of suspending a student with a disability (no longer than 45 days).
The state Department of Education says if your child has a series of short-term interim reassignments, school officials and the child’s case manager will determine whether this constitutes a pattern that calls for a change of school placement. You and your child’s case manager will receive written notification of such action and a description of the reasons.
What Is the Difference Between Suspension and Expulsion?
In the event of a suspension, your child is still in the school system and can receive educational and support services after the suspension has ended.
An The student’s public education and any additional support from the school system are terminated upon expulsion.
What to Do When Your Child Is Suspended
When facing suspension, students with disabilities have special rights. If the disability was a cause or a factor in this situation, the school must present evidence to prove that.
If your child is facing a suspension, you will receive an oral or written notice. In the event that your child denies the charges, the school will also explain the evidence underlying the allegations and schedule an informal hearing where your child can present his or her version of the events.
Whenever a student poses a continuing danger to people or property, schools have the right to suspend the student immediately and conduct the informal hearing as soon as possible.
Furthermore, there is a formal hearing before the district board of education at which the student has the opportunity to present his or her own defense, confront witnesses, and cross-examine them.
During these hearings, the attorneys at the Susan Clark Law Group LLC can represent you and your child, protect your child’s due process rights, evaluate the evidence, and present witnesses on your behalf. Your child’s rights are our top priority, and we will fight for them.