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Discipline: Suspensions, Expulsions and IEPs by Robert Crabtree, Esq.Also read Wright’s Law.Yes, you can get suspended, but there ars many other factors to complicate the issue._______________________________________________________From an online search on this topic:“Long term Suspensions or ExpulsionsA school system cannot impose a long-term suspension or expel a student with special educational needs if the behavior for which s/he is being disciplined was a "manifestation" of his or her disability. (§1415(k)(4)(B),(C)) IDEA provides that the IEP team must find that behavior was a manifestation of the child's disability if:the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; orthe conduct in question was the direct result of the local educational agency’s failure to implement the IEP.If either of these circumstances applies, the IEP team must correct the IEP or its implementation and, except for the 45-day provisions I described earlier, the school cannot legally suspend the student beyond ten days. If the team finds that the behavior is not a manifestation of the child's disability, the school can suspend longer than ten days as it can a student without a disability, but must still provide ongoing education under his/her IEP during the suspension.”

If my child were facing an extremely unsafe situation in middle or high school, with six weeks remaining in the school year, in a place where truancy laws are strict, I would evaluate the following options to both follow the law and to immediately remove him or her from the extremely unsafe situation:To remain with this school next year, I would write a calm and clear letter to the principal, explaining the danger and its impact(s) on my child. I would state my parental duty to protect my minor child by removing my child from the danger. I would ask for permission to homeschool for the next six weeks. And I would request that classroom teachers send homework assignments via email in every class, and replace final exams and quizzes and tests with projects and/or written and researched reports so my child is not penalized by an unsafe condition at school. I would say I will supervise all school-related effort so my child completes all assigned schoolwork at home and can move on to the next grade so as to avoid very real danger and trauma at school.To continue at the same school next year, I would write a letter to all school teachers asking for assignments for the next six weeks including homework and assigned research reports in lieu of in-school testing. I would send a copy to the school’s principal.To continue in the same school or school district next year, I would /could ask for an IEP meeting based on emotional disturbance caused by lack of safety at school, but because of timelines (the school has 60 days to respond), chances are, this would not allow me to withdraw my child from the school grounds quickly enough to keep her or him safe from emergent and immediate danger. For more on timelines and the IEP process, see Wrightslaw Special Education Law and AdvocacyTo leave the school immediately, I would transfer schools. Right now. I might even consider a private or religious school despite the cost. This option is very disruptive to any student, but may be preferable to remaining in an unsafe placement. I would be sure to ascertain that my child would be promoted and will move on to the next grade without being penalized by an unsafe situation at the former school — for which s/he is blameless.To remove my child from every public or private classroom, I could withdraw entirely from formal schooling and decide to homeschool my child. There are various state requirements for choosing this option. Each state’s Department of Education website has rules for accomplishing this option. I would follow the law by following these rules; it is my understanding there have been audits done by state department of education, police, or/and social services agencies (to ascertain whether students are in fact being homeschooled so their education is not neglected).This would be a difficult time for my child and for me, because doing something educationally unknown or different makes anyone feel insecure. I would reassure my child and tell her or him that we will face whatever happens together, and that learning is more important a value to me as your parent than attending a particular school. And that if need be, s/he and I will spend our days homeschooling and using our public library as a resource.Criteria for homeschooling and for public schooling at every grade level in every state is available online, and homeschooling curricula can also be purchased.There are also online schools at which my child can enroll, and thereby avoid being counted as truant.

No. For one, schools are OPEN. My school is doing a mix of virtual and face to face learning.If you THINK for a moment you are “homeschooling” your child right now, as they sit in front of their computer with a teacher delivering a lesson to them (that teacher not being YOU) consider this:Are you making the lesson plans? Coming up with plans and aligning them to state standards for the grade level, then taking those plans and differentiating them for different types of learners, providing enrichment activities and delivering the actual lesson online?2. Are you grading and giving feedback to student(s), checking for understanding and then reteaching as necessary?3 Are you writing the student(s) IEPs, modifying curriculum to suit that, and collaborating with the other teachers on his/her plan to be sure they understand the IEP as well as discussing problems/potential problems with them regularly?Are you doing all this with anywhere between 15–20 students?*Also, last I checked, you gave birth to your kids, not ME. Ultimately it is YOUR responsibility to take care of them and not be paid to do so. I don’t have children, yet my tax dollars go to schools. Do I get a refund?Unless you are doing all the aforementioned and they ARE NOT your kids—sit down and don’t expect anyone to pay you for what a teacher is actually doing.