School Discipline and
Students with Disabilities
​
Students with disabilities, including autism, ADHD, or learning differences, have legal protections when it comes to school discipline.
First be proactive before it becomes a problem.
​
-
Request a Functional Behavior Assessment. It
can be conducted for the following disciplinary change in placement of a student with a disability.
Suspensions are all too common locally in elementary schools especially among boys. Schools must consider the child’s disability before giving serious punishments like suspension or expulsion.
​
When school discipline process begins with your child, it escalates very quickly. Parents, it's critical that you remain as calm as possible. Focusing on what you can do will help keep you calm.
​
If a child’s behavior is related to their disability, schools are required to:
-
Hold a "Manifestation Determination" meeting (usually after 10 days of suspension)
-
Review the child’s IEP or 504 Plan
-
Look at whether the school provided the supports the student needs
​
What if the school schedules a Manifestation Determination Meeting and why is it important?
These meetings are after any disciplinary actions that can result in disciplinary removal meaning a change of placement, suspension or expulsion. The IEP team must determine whether the child's action resulted from his/her disability. If it is, that child can't be expelled if the behavior stems from their disability. There is where the FBA, positive supports and SDI's need to be reviewed and updated to calm the child's behavior.
It's critical for you to prepare for this meeting. Click on the link to learn how to prepare for one.
​​
What Parents Should Know About the State Performance Plan (SPP):
It's how Pennsylvania shows it's working to improve education for students with disabilities and following special education laws. It includes things like graduation rates, how often students with disabilities are included in regular classrooms, discipline rates, and how involved parents feel in the IEP process.
If you're thinking about switching school districts, or if you notice a lot of suspensions or feel your child isn’t being included enough, this info can help you ask the right questions and understand how well a district is supporting students with disabilities.
​
For more details about state performance, click here.

What Parents Can Do
-
Know your rights
-
Keep records: Save emails, notes, and write down every call—include the date, time, who you talked to, and what it was about.
-
Ask questions: If your child is disciplined, ask if their disability was considered.
-
Check the data: You can request the school’s records related to your child’s behavior.
-
Talk to your child’s outside providers for their input.
-
Request a meeting: You can ask for an IEP or 504 meeting anytime to review supports—behavior issues may be a sign that something’s not working.
-
Bring support: You’re allowed to bring someone with you to meetings.
-
If things get serious (like expulsion), talk to a lawyer—especially if your child isn’t officially recognized as having a disability yet.
How punitive is Pennsylvania? Check out these stats and compare them to other states.
-
NOT SO FAST: School Discipline for Students with Disabilities
-
Abuse, Restraints and Seclusion in School- Know the Law
-
School Resource Officers and Special Education Students
​​
When you need help
​
Batchis Nestle & Reimann LLC
Where: 116 Bala Avenue, Bala Cynwyd
Call: 215-550-1760
Website
​​
Kingspry
Where: 1 West Broad Street. Suite 700, Bethlehem
Call: 610-332-0390
Website
Jacobson and John, LLP
IEP and 504 Plan Review, Consult and Meeting Support
Where: 99 Lantern Drive, Suite 202, Doylestown, Pennsylvania 18901
Call: 215-340-7500 or 877-544-0344
Website
​​
Law Office of Shabbick & Stehle
Where: 533 Delaware Ave, Palmerton
Call: (610) 826-3122
​
Murphy & Murphy, P.C.
Angela J. Uliana Murphy
Where: 106 North Franklin Street, Suite 2, PO Box 97, Pen Argyl
Call: 610-863-8502
Website
​
Raffaele & Associates LLC
Where: 1230 County Line Rd, Bryn Mawr
Call: (610) 922-4200