What types of disciplinary decision can you appeal?

Almost any disciplinary decision can be appealed.

Examples specifically mentioned in IDEA include challenging the finding that: 
  • a pattern of behaviors exists, 
  • a behavior is or is not a manifestation of a child's disability, 
  • or any decision regarding placement of the child.
Additionally, the school may challenge any order to return the child to his/her current (usual) placement if the school believes returning the child is substantially likely to result in injury to the child or others.

The tool currently only includes the federal requirements. Federal requirements apply in all states and states may add on (but not subtract) from the Federal laws. The tool doesn't currently incorporate court decisions or other authoritative interpretation of the law that can clarify issues not explicitly clear from the statute or regulations alone.

Copyright 2008, Matthew J. Stowe. All rights reserved.