School seeking to suspend a student with disabilities.

  Three aspects of due process for a school seeking to suspend a student with disabilities are: Individualized Education Program (IEP) Review: When a school seeks to suspend a student with disabilities, it is crucial to consider their unique needs and circumstances. The first aspect of due process involves reviewing the student’s Individualized Education Program (IEP). The IEP is a legal document that outlines the student’s specific educational goals, accommodations, and services. It is important to ensure that the proposed suspension aligns with the student’s IEP and does not infringe upon their right to a free and appropriate public education (FAPE). Schools must carefully evaluate whether the suspension is necessary and whether alternative disciplinary measures, as suggested in the IEP, have been appropriately considered. Manifestation Determination Review: Under the Individuals with Disabilities Education Act (IDEA), when a student with disabilities faces a suspension of more than ten consecutive days or a series of suspensions that constitute a pattern, a Manifestation Determination Review (MDR) must be conducted. This review is another crucial aspect of due process. During an MDR, a team including the student’s parents, teachers, administrators, and relevant specialists examines whether the behavior leading to the suspension is related to the student’s disability. If it is determined that the behavior is a manifestation of the disability, disciplinary action should be adjusted accordingly. The MDR process helps ensure that students with disabilities are not unfairly punished for behaviors caused by their disability or lack of appropriate support. Procedural Safeguards and Parental Involvement: Due process for students with disabilities also requires providing procedural safeguards and involving parents in the decision-making process. Schools must provide written notice to parents regarding any proposed suspension and inform them of their rights to challenge the suspension through various avenues such as mediation or a due process hearing. Parents should have the opportunity to present their perspectives, provide additional information about their child’s disability, and advocate for alternative solutions. This involvement ensures that parents are active participants in the decision-making process, contributing to the development of fair and appropriate disciplinary actions for their child. By considering these three aspects of due process—an IEP review, a Manifestation Determination Review, and procedural safeguards with parental involvement—schools can uphold the rights of students with disabilities during disciplinary proceedings. This approach fosters fairness, promotes collaboration between schools and parents, and ensures that disci      

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