Manifestation Determinations: Students With Disabilities Have Rights
Children with disabilities often struggle in school. Their disability may impact their socialization and behavior in countless ways. Unfortunately, teachers and school administrators don’t always recognize that a student’s problematic behavior is tied to their disability. Many of those students end up facing harsh disciplinary measures – measures that create further obstacles to their education – for behavior that they couldn’t control or needed help managing.
Under federal law, students with disabilities who receive services under a 504 plan have important rights when it comes to school discipline. Schools can’t suspend, expel students or remove them from school programs for behavior that a manifestation of their disability. Before imposing certain disciplinary measures, schools must conduct a manifestation determination to evaluate whether the student’s behavior is disability-related. These laws apply to publicly funded schools across Florida.
Protect Your Child From Unwarranted Suspension Or Expulsion
If your child is facing suspension, expulsion or a significant change in placement, you have the right to a manifestation determination before the school takes action. You have the right to be present at the meeting and to provide evidence, documentation and the opinions of experts such as therapists.
At Bilello & Soowal, PLLC, our education lawyers help families of special ed students navigate these difficult determinations and protect their children from unnecessary upheaval. We know that your child deserves stability, and they deserve an education that accommodates their disability. Our attorneys will be fierce advocates for your child.
Passionate Advocates For Students With Disabilities
Our lawyers have devoted their careers to standing up for students’ rights. We frequently represent children with:
- Attention-deficit/hyperactivity disorder (ADHD)
- Autism spectrum disorders
- Anxiety disorders
- Post-traumatic stress disorder
- Down syndrome
- Emotional disturbances
- Developmental delays
- Speech, hearing or vision impairment
- Learning disabilities
We know that every child is unique, and we will take the time to fully understand your child, their situation and their needs so that we can provide the most favorable representation possible.
Your Allies In 504 Plans And Manifestation Determinations
We can help you with all aspects of your child’s educational rights, including manifestation determinations. Please contact us online to reach our team in Orlando and Deerfield Beach. You can also call 866-335-1513.