The legal rights of students with learning disabilities and ADHD in regards to being expelled from school are protected under several federal laws in the United States. These laws ensure that students with disabilities receive appropriate educational opportunities and are not discriminated against solely based on their disability. The two primary federal laws that provide these protections are the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.
- Individuals with Disabilities Education Act (IDEA): IDEA is a federal law that ensures students with disabilities, including learning disabilities and ADHD, have access to a free appropriate public education (FAPE). Under IDEA, students with disabilities are entitled to an Individualized Education Program (IEP), which is a personalized plan that outlines the specific educational services and accommodations they require. The IEP team, including parents, teachers, and other professionals, develops and reviews this plan. The IEP team must consider the student's disability-related needs and provide appropriate support to help them succeed academically.
If a student with a learning disability or ADHD faces expulsion, the school must follow the procedural safeguards outlined in IDEA, including conducting a manifestation determination review (MDR). The MDR is a process to determine if the student's misconduct is related to their disability. If it is determined that the behavior is a manifestation of the disability, the student cannot be expelled solely for that behavior, and alternative disciplinary measures should be considered.
- Section 504 of the Rehabilitation Act: Section 504 is another federal law that protects individuals with disabilities, including students, from discrimination based on their disability. Under Section 504, schools are required to provide reasonable accommodations and modifications to ensure that students with disabilities have equal access to educational opportunities and school programs.
If a student with a learning disability or ADHD is facing expulsion, Section 504 requires the school to conduct a review to determine if the student's disability contributed to the behavior leading to the expulsion. If the school finds that the student's disability was a factor, the school must consider alternative disciplinary actions that are appropriate to address the behavior without excluding the student from school altogether.
It's important to note that these laws provide essential protections, but they do not mean that students with disabilities are exempt from facing consequences for serious misconduct. However, the consequences should be fair, appropriate, and should consider the student's individual needs and disability-related challenges.
If you believe that a student with a learning disability or ADHD is facing unfair treatment or expulsion, it's crucial to seek assistance from an education advocate or legal counsel who can help navigate the specific rights and protections afforded by IDEA and Section 504.