Disciplinary Procedures of an IEP – individualized Education Program Student

Discipline of the student with special needs are entitled to due process, prior to receiving discipline because education is a legal right and we guarantee under the 14th amendment that students will be educated. Though parents and students find it difficult to distinguish between rights and privileges when it comes to prom night and walking at graduation, those are privileges not rights.

Hope Kirsch and Lori Kirsch-Goodwin are special education attorneys with Kirsch-Goodwin & Kirsch, PLLC, representing students with disabilities and their families throughout Arizona. For over 15 years, they have devoted their practice to obtaining appropriate educational service, supports and placements for students in schools, hospitals and residential treatment programs.

In this CLE class clip, Hope and Lori discusses discipline of a student within the individualized education program (IEP).

Lori Kirsch-Goodwin, Esq.
Hope N. Kirsch, M.A. (Ed.), Esq.
Kirsch-Goodwin & Kirsch, PLLC
8900 East Pinnacle Peak Rd., Suite 250
Scottsdale, Arizona 85255

You can watch the complete Special Education Law CLE class here:
Special Education Law CLE

When it comes to privileges, the student isn’t eligible for due process. However, if the student is going to miss these events because they are in the process of being expelled, they would be entitled to due process. A student has the right to an education, it is a property right, and also implicate liberty rights. The elements of due process for all student discipline matters is a notice for a fair hearing and opportunity to be heard. There is a difference between suspension and expulsion.

Suspension means temporary, so the child is taken out of the school, or out of their curriculum for a specified period of 10 days or less. Long term suspension is set between 11 days or more, yet still considered temporary.

Expulsion on the other-hand, is the permanent withdrawal of the privilege of attending school unless a governing board reinstates the student.