In the last few weeks, several families have called us because their school suspended or expelled their children with mental health challenges or related disabilities right before Summer Break. It is always hard when a school suspends or expels your child, but it can be even more stressful at the end of the school year because families naturally worry throughout the summer about what will happen when school starts again in the fall.
We encourage any family in this situation to review your child’s school district’s code of conduct. Suspensions and expulsions should directly respond to violations of the code of conduct. The district’s code of conduct should be on the district’s website, and you should also be able to get a hard copy from the district. Make sure you understand what part of the code of conduct the district says your child violated. It is OK to ask someone, for example, the principal at your child’s school, to help you understand. Any suspension or expulsion paperwork should also explain how the district believes your child violated the code of conduct.
If you are not sure if your child’s suspension or expulsion was related to the code of conduct, you can call us. If your child has an Individualized Education Program (IEP), they can still be suspended or expelled, but they have additional rights. There has to be consideration if what they did was related to their disability. The school district also must make sure that your child’s IEP and/or behavior plan addresses behaviors related to their disability. The Mississippi Department of Education’s (MDE) procedures on Discipline explain your child’s rights in more detail.
Families have also called asking if the timeline for school districts to evaluate children for special education services changes in the summer. It does not. This flowchart from the MDE explains the timeline for evaluation. Remember, the timeline stays the same year-round. This MDE handout with 22 highlights about evaluation states, “The MET must adhere to the fourteen (14) day timeline when requests are made during any break in instruction including extended breaks such as Christmas, Spring Break, or summer months.”
If you would like additional support to understand your and your child’s rights regarding school issues over the summer, feel free to reach out to us at Families as Allies (601-355-0915 or info@faams.org) or contact the Mississippi Parent Training and Information Center.
