MISTAKE #1 - Your child did not violate the rules!
Was your child's behavior the violation that he/she was accused of?  We often see that the behavior description does not match what is prohibited in the Code of Student Conduct.

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MISTAKE #2 - They fail to give proper notice!

Proper and timely notice is a required element of procedural due process.  Often schools fail to give proper notice of suspensions.   The notice requirements vary from state to state; but, all states have requirements for notice for suspensions and expulsions.
 

MISTAKE #3 - They fail to follow the rules!
There are other rules stated in the Code of Student Conduct and/or state laws that the school must follow in order to provide your child with his/her right to procedural due process.  They often fail to follow these rules.

 

MISTAKE #4 - They abuse their discretion!
Even when they get caught making mistakes, they abuse their discretion.  You and your child can challenge decisions involving suspensions and expulsions.   Often these hearings are kangaroo courts.

 

MISTAKE #5 - They make poor manifestation decisions.
Often, they make the wrong manifestation decision.  This happens far too often.  For example, we once had a client who drank alcohol at school, and school officials almost determined that the violation was not a manifestation of the student's alcohol use disorder.   In another case, a school decided that a child's conduct that was fully described in his IEP for which he had goals and services was not a manifestation of his disability.

 

MISTAKE #6 - They punish more severely than allowed!
We represented a client that school officials were trying to remove the student from his placement 35 more school days than the rules allowed.

 

MISTAKE #7 - They unlawfully discriminate against students.
When making discipline decisions, school officials are prohibited from discriminating against students based on their race, color, religion, sex, age, national or ethnic origin, political beliefs, marital, disability, sexual orientation, or social or family background.   One of the most egregious cases we had of unlawful discrimination was when a school removed a black student with a disability from his placement for 70+ days.  We helped stop this illegal behavior and recovered compensatory education services for the student.

MISTAKE #8 -  They fail to identify disabilities.

School officials must timely locate, evaluate and identify students who may be eligible for IEPs and 504 Plans.  When they fail to identify these students properly and timely, they often fail other duties (like manifestation determinations and other decisions).   We help parents of kids with special needs obtain IEPs and 504 Plans when the children are eligible.   We know the criteria for eligibility.  Often school officials neglect the rules regarding proper evaluation and identification.