When a child is suspended or expelled from school for disciplinary reasons, it can be a difficult and stressful time for both the child and their parents. However, if the child has a disability or is suspected of having one, there are important rights and protections in place under the Individuals with Disabilities Education Act (IDEA) that parents should be aware of.

Many parents may not realize that if their child has a disability, or is suspected of having one, the school district (SD) is required to hold a meeting to determine if the child’s behavior was a manifestation of their disability. This is important because it ensures that the child is not being unfairly penalized for something that is beyond their control.

In addition, the SD may be required to evaluate the child for special education services. This evaluation is crucial in determining what supports and services the child may need to succeed in school. If the child is found to be eligible for special education, the SD must develop an Individualized Education Program (IEP) that outlines the specific services and supports the child will receive.

Even if the child is expelled from school, the SD is still responsible for providing them with an appropriate education that meets their needs under the IDEA. This may include placing the child in an alternative education program or providing homebound instruction. In some cases, the SD may even be required to cover the costs of these services.

It is important for parents to advocate for their child and ensure that their rights under the IDEA are being upheld. If you find yourself in a situation where your child has been suspended or expelled from school, it may be helpful to seek out the advice of a Special Education Attorney in PA who can guide you through the process and help you navigate the complex legal requirements.



Ultimately, every child deserves a fair and appropriate education, regardless of their disability status. By understanding and asserting your child’s rights under the IDEA, you can help ensure that they receive the support and services they need to succeed in school.