Navigating School Discipline for Students with Disabilities

Congruence Law, P.C. Defends the Rights of Students with IEPs and 504 Plans Facing Suspension or Expulsion

Discipline should never be used as a shortcut for support. Yet across the country, students with disabilities are suspended, expelled, or referred to police at rates far exceeding their peers—often for behaviors directly related to their disability. These actions not only violate federal law but deny students the right to learn in an inclusive, supportive environment.

At Congruence Law, P.C., we stand up for students with disabilities when schools resort to punishment instead of accommodation. We help families enforce their rights, prevent removals, and demand educational justice.

Key Legal Protections for Disciplined Students with Disabilities

➤ Individuals with Disabilities Education Act (IDEA). Students with IEPs have the right to a Manifestation Determination Review (MDR) before being suspended for more than 10 days.

➤ Section 504 of the Rehabilitation Act. Students with 504 Plans must not be disciplined for conduct related to their disability without a proper evaluation of needs and supports.

➤ Americans with Disabilities Act (ADA). Prohibits discriminatory discipline policies and practices that disproportionately impact students with disabilities.

Common Violations We See

• Suspensions beyond 10 days without an MDR

• No review of whether behavior was caused by the student’s disability

• Refusing to adjust the IEP or provide behavior supports

• Calling police or issuing citations for disability-related conduct

• Placing students in alternative programs without consent

• Ignoring the need for Functional Behavioral Assessments (FBA) and Behavior Intervention Plans (BIP)

These are not just policy lapses—they are federal violations with long-term educational consequences.

What Is a Manifestation Determination Review?

An MDR is a legal meeting required under IDEA when a student with a disability:

• Is suspended for more than 10 consecutive days, or

• Faces a pattern of removals totaling 10 days or more

The MDR team must decide:

• Was the conduct caused by, or directly related to, the student’s disability?

• Was the conduct the result of the school’s failure to implement the IEP?

If the answer to either is yes, the student cannot be removed and the IEP team must revise the plan to better support the student.

What We Do at Congruence Law, P.C.

We help families navigate the discipline process and protect the educational rights of students with disabilities. Our services include:

• Representing families at MDR meetings and suspension appeals

• Demanding FBAs and effective BIPs when needed

• Challenging inappropriate removals, exclusions, or police referrals

• Filing due process complaints for unlawful discipline

• Ensuring IEP and 504 plans are modified to prevent recurrence

• Advising on disability discrimination claims under the ADA

We also fight for restorative practices, positive supports, and reintegration—not push-out and exclusion.

What Schools Say—and Why It May Be Illegal

“We had to remove them for safety.”→ Safety concerns must still follow legal process. You cannot bypass the MDR unless there is an emergency and a hearing is scheduled.

“They don’t qualify for MDR—they have a 504 Plan.”→ 504 students have similar protections and may be entitled to an evaluation and hearing if discipline is excessive or discriminatory.

“It wasn’t because of their disability.”→ That determination must be made by a team with appropriate data—not just based on opinion.

“We’re just changing their placement—it’s not discipline.”→ Any involuntary removal triggers legal protections. Language doesn’t change the law.

Pitfalls to Avoid

• Letting time pass after a suspension. You only have limited time to request an MDR or file a complaint.

• Not requesting a behavioral assessment. FBAs are critical to understanding and supporting your child’s needs.

• Agreeing to a change in placement under pressure. Know your rights before signing anything.

• Allowing repeated suspensions without challenging them. A pattern of removals may count as a de facto change in placement.

Why Choose Congruence Law, P.C.

We believe discipline should never be a substitute for services. We ensure that schools follow the law, respect your child’s needs, and provide the supports necessary to succeed—not push students out because of their disability.

If your child has been suspended, expelled, or referred to law enforcement for behavior related to a disability, contact us today:

education@congruencelaw.com or at 202-630-8141

Let us help you turn a crisis into a corrective plan—and keep your child where they belong: in school, learning.