At Biello & Soowal, PLLC, we know how quickly a disciplinary issue can escalate when a child with a disability is involved. A suspension or expulsion notice may feel like the school is turning its back on your child. But you do not have to face this situation alone. As a Florida special education lawyer, we work closely with families to protect the educational rights of students with disabilities, especially when they are unfairly punished for behaviors related to their conditions.
Florida’s public school system has a duty to educate all students, including those with disabilities. That duty does not disappear just because a behavior incident occurs. If your child is disciplined, understanding your rights under federal and state law can ensure they receive a fair and appropriate education.
Disciplinary Protections Under IDEA
The Individuals with Disabilities Education Act (IDEA) is the cornerstone of special education law in the United States. It guarantees eligible students with disabilities the right to a Free, Appropriate Public Education (FAPE). However, IDEA also offers specific protections when schools attempt to discipline these students.
Under IDEA, students with disabilities cannot be removed from their current educational placement for more than 10 school days for behavior that manifests their disability unless special procedures are followed. This law prevents schools from pushing students out of classrooms without addressing the root of their behavior.
As an education attorney in Florida, we regularly help parents enforce these rights and challenge districts that rely too heavily on suspensions or expulsions rather than educational interventions.
What Triggers a Manifestation Determination?
Once a student with an Individualized Education Program (IEP) or 504 Plan faces a suspension of more than 10 days (consecutively or cumulatively), the school must conduct a manifestation determination review. This process is designed to answer two questions:
- Was the behavior caused or directly related to the student’s disability?
- Was the behavior directly resulting from the school’s failure to implement the student’s IEP?
If the answer to either question is yes, then the student cannot be subject to the same disciplinary action that a general education student would face. Instead, the school must address the behavior within the special education framework.
This is one of the most essential protections available. We have seen too many cases where schools issue suspensions for behavior that is clearly tied to a diagnosed disability, such as ADHD, autism, or emotional disturbances. As Florida special education lawyers, we intervene to ensure the school conducts a thorough, lawful manifestation review and considers all relevant factors.
Disproportionate Discipline of Students With Disabilities
Despite these protections, data shows that students with disabilities are still disproportionately disciplined in Florida and across the nation.
According to the U.S. Department of Education’s Civil Rights Data Collection, students with disabilities are nearly twice as likely to be suspended or expelled as their peers without disabilities. In Florida alone, thousands of students with IEPs are removed from class each year, often without proper adherence to IDEA rules.
This disparity often arises from:
- A lack of staff training on behavioral interventions
- Zero-tolerance policies that overlook context
- Failure to implement IEP behavioral supports
- Implicit bias or misunderstanding of disability symptoms
Our job as education attorneys in Florida is to hold school districts accountable when these systemic problems harm individual students.
Functional Behavioral Assessments and Behavior Intervention Plans
One of the most powerful tools for supporting students with behavioral challenges is a Functional Behavioral Assessment (FBA). When done correctly, an FBA examines why a student engages in certain behaviors, looking at triggers, environments, emotional factors, and outcomes.
Following an FBA, schools must develop a Behavior Intervention Plan (BIP) that outlines strategies to prevent problem behaviors and teach alternative skills. This proactive approach is far more effective than simply punishing the student, and it is required by law if the behavior manifests the student’s disability.
Too often see Florida schools skip or rush through the FBA/BIP process. As Florida special education lawyers, we push to ensure that timely, thorough evaluations are used to inform meaningful supports.
The Problem With Informal Removals and “Counseling Out”
Not all removals are documented as formal suspensions. Some schools engage in what’s called “informal removal.” This may take the form of:
- Calling a parent to pick up the child early
- Telling a parent to keep the child home for a day or two
- Shortening the school day without IEP team input
These removals may not appear in school records, but they still deny the student access to FAPE. Florida law and federal guidance from the Office for Civil Rights make clear that informal removals must still comply with IDEA procedures if the student has a disability.
We help families document these patterns and challenge unlawful practices that deny students their right to stay in school.
Stand Up for What’s Right in Education
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Understanding Alternative Placements
In some cases, a school may try to place a student in an alternative setting, such as a disciplinary school or a separate classroom. This can only be done under specific legal circumstances:
- If the behavior involved weapons, drugs, or serious bodily injury
- Through a formal due process hearing
- With parental consent
- By Ithe EP team agreement based on educational need
Even in these situations, students can receive educational services and progress toward their IEP goals. We closely review proposed placements to ensure they are appropriate, lawful, and not used to sideline a student with challenging behaviors.
When a Student Doesn’t Yet Have an IEP
Some students may not be formally identified as having a disability when the disciplinary action occurs. However, they may still be protected under IDEA’s “child find” and “deemed knowledge” provisions if:
- The parent expressed concerns in writing
- The teacher raised concerns
- The parent requested an evaluation
If any of these occurred before the behavior incident, the school may be considered to have knowledge of the disability, and the student may be entitled to IDEA protections. As education attorneys in Florida, we use this provision to protect students who fall through the cracks in the referral and evaluation process.
Disciplinary Protections Under Section 504
In addition to IDEA, students with disabilities are protected under Section 504 of the Rehabilitation Act. While the procedures may differ slightly, students with 504 Plans cannot be disciplined for behavior related to their disability without a manifestation determination.
Schools must also ensure that disciplinary action does not constitute discrimination under Section 504 or Title II of the Americans with Disabilities Act. Our firm is experienced in using these laws to protect students’ rights beyond the boundaries of special education alone.
Parental Rights in the Discipline Process
As a parent, you have powerful rights when your child faces disciplinary action, including:
- Receiving written notice of proposed disciplinary changes
- Participating in manifestation reviews and IEP meetings
- Accessing school records and behavioral documentation
- Requesting mediation or a due process hearing
- Filing complaints with the Florida Department of Education or the Office for Civil Rights
We work side-by-side with families to assert these rights at every step. Whether reviewing disciplinary records, attending meetings, or initiating legal action, we are committed to protecting your child’s future.
Florida Laws and Policies on School Discipline
In Florida, school discipline policies are governed by several key statutes and guidelines, including:
- Florida Statute §1006.07: Requires school districts to adopt student conduct codes
- Florida Statute §1003.57: Addresses exceptional student education and discipline
- Florida Department of Education Rule 6A-6.03312: Governs disciplinary procedures for students with disabilities
These laws must be implemented to respect federal rights under IDEA and Section 504. Yet, districts often fall short. Our role is to ensure these protections are not just words on paper but real safeguards for your child.
How We Help Families
At Biello & Soowal, PLLC, we know how frustrating and isolating it can feel to see your child punished for behaviors they cannot control. We provide families with clear legal guidance and fierce advocacy during disciplinary disputes. This includes:
- Reviewing school records and identifying legal violations
- Representing you at IEP or manifestation determination meetings
- Requesting FBAs and pushing for meaningful BIPs
- Challenging inappropriate placements or removals
- Filing complaints or due process cases where needed
We proudly serve as your Florida special education lawyer and partner in protecting your child’s rights.
Prevention and Reform
While legal advocacy is essential, long-term solutions must include better policies and school practices. We support efforts to:
- Eliminate zero-tolerance policies that punish disability-related behavior
- Increase training for teachers on behavior management
- Promote inclusive school climates
- Require transparent data reporting on disciplinary practices
When schools focus on intervention over punishment, all students benefit. We are committed to advancing those goals statewide.
When to Call Us
If your child has been suspended, expelled, or removed from class due to behavior, and they have or may need an IEP or 504 Plan, do not wait. The sooner we are involved, the better we can protect your child’s rights.
You are not alone. We listen, explain your options, and fight for your child’s needs.
Frequently Asked Questions (FAQ)
What should I do if my child with an IEP is suspended?
Request an IEP meeting and a manifestation determination review immediately. Do not assume the school has followed all legal steps. Contact a Florida special education lawyer for guidance.
Does the school have to inform me before suspending my child?
Yes, schools must notify parents of disciplinary actions and provide written documentation. If the removal exceeds 10 days, IDEA protections apply.
Can a school change my child’s placement due to behavior?
Only under specific circumstances. The IEP team must be involved; in most cases, parental consent or a due process ruling is required.
What if my child doesn’t have an IEP but has a suspected disability?
They may still be protected if the school had prior knowledge of the disability. A lawyer can help prove this and advocate for appropriate protections.
Is a shortened school day legal?
Not without IEP team involvement and proper justification. Informal removals or schedule changes can violate your child’s right to FAPE.
Understanding Disciplinary Issues and Your Rights
If your child is facing disciplinary action in Florida, has a disability, or may need special education support, contact Biello & Soowal, PLLC today. We are committed to ensuring every student receives the support they need, not punishment they do not deserve.
