Student Discipline & Suspension Lawyer | Alabama & Florida | The IEP Lawyers
Defending Your Child's Rights in School Discipline Matters
A call from the school about a disciplinary issue is every parent's nightmare. In an instant, you are faced with worry, confusion, and pressure to accept the school's version of events. But a disciplinary action is more than just a punishment; it is a legal proceeding with serious, long-term consequences for your child's academic future. We are here to protect your child's rights and ensure they are treated fairly.
For students with disabilities, the stakes are even higher. Too often, schools punish students for behavior that is a direct result of their disability, a practice that is not only unfair but also illegal.
Is the Behavior a Manifestation of Your Child's Disability?
This is the most critical question in any disciplinary case involving a student with an IEP or 504 Plan. Under federal law, a school cannot suspend a student with a disability for more than 10 days or expel them if the conduct in question was caused by, or had a direct and substantial relationship to, their disability. This determination is made in a crucial meeting called a Manifestation Determination Review (MDR).
Federal investigations have repeatedly found that school districts, including those in Pasco and Volusia counties in Florida, have systemic problems with unfairly punishing students for disability-related behaviors. We fight to ensure your child's rights are protected during the MDR process and hold schools accountable when they fail to consider the impact of a child's disability.
Our Student Discipline Defense Services
More Than a Hearing. It's About Your Child's Future.
Suspension & Expulsion Hearings: We represent students in formal hearings to challenge the evidence, present mitigating factors, and advocate for alternatives to removal from school.
Challenging "Informal Removals": We fight against the illegal practice of schools repeatedly calling parents to pick up their child early as a way to avoid their responsibility to provide behavioral supports. This practice was a key finding in the Department of Justice's investigation into schools in Volusia County, FL.
Manifestation Determination Reviews (MDRs): We ensure the MDR team properly considers all relevant information and fight against incorrect determinations that leave your child vulnerable to unfair punishment.
Defending Against Misuse of the Baker Act and other involuntary commitment regulations: In Florida, Alabama, and beyond, we challenge the inappropriate use of involuntary psychiatric examinations as a tool to manage disability-related behavior.
Appeals of Disciplinary Decisions: If a decision has already been made, we can analyze the case for procedural errors and substantive flaws to build a strong appeal.
Challenging Student Arrests: We challenge the inappropriate arrest and law enforcement involvement in disability-related behavior.
“Unfair discipline can create a permanent mark on a student's record, limiting their future educational and career opportunities. It can feed into the school-to-prison pipeline and cause lasting emotional harm. We take these cases seriously because we know we are fighting for more than just a clean record, we are fighting for your child's future..”
— LeTonya F. Moore, Esq. Senior Partner & Co-Founder
Williams & Moore, LLP