Defending Students With IEPs and Disabilities in School Discipline Cases

When a student with a disability faces school discipline, the process is not only stressful but also legally complex. Whether the student has an Individualized Education Program (IEP) or a Section 504 Plan, federal and state laws require schools to treat these situations differently. Unfortunately, schools don’t always follow the rules—putting students with disabilities at risk of unfair suspensions, inappropriate placements, or even unlawful expulsions.

At the Law Office of Terrell A. Ratliff, our student defense lawyer helps families in Camden County navigate these situations with confidence and clarity. We advocate for students across Camden, Cherry Hill, Pennsauken, and Gloucester Township who are being disciplined in public schools, charter schools, and special education programs.

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Legal Protections for Students With Disabilities

Students who receive special education services are protected by laws such as:

• The Individuals with Disabilities Education Act (IDEA)

• Section 504 of the Rehabilitation Act of 1973

• New Jersey’s special education and student discipline laws

These laws guarantee that schools cannot discipline students with disabilities the same way they discipline others, particularly when the behavior in question may be related to the disability.

Before a long-term suspension, expulsion, or significant change in placement, the school must conduct a Manifestation Determination Review (MDR) to determine whether the student’s behavior was caused by or related to their disability. If it was, the school is generally prohibited from proceeding with standard punishment—and must instead revise the student’s supports and services.

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Common Discipline Cases We Handle

As a student defense lawyer in Camden County, we represent families in cases involving:

• Behavioral incidents stemming from ADHD, autism, anxiety, or emotional regulation challenges

• Alleged threats, disruptions, or aggressive outbursts during classroom meltdowns

• Misunderstood conduct that leads to suspension, police referral, or disciplinary hearings

• Failure by schools to follow behavior intervention plans or provide accommodations under IEPs or 504 Plans

• Violations involving weapons, drugs, or school safety policies without consideration of the student's disability

In many cases, schools take disciplinary action without considering whether their own failures—like a lack of support or improper implementation of the IEP—contributed to the situation.

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What Are Your Child’s Rights?

Students with disabilities are entitled to:

• Continued education, even during suspension or removal

• A fair MDR hearing before any long-term disciplinary action

• Parental notice and participation in all disciplinary decisions

• Protection against discriminatory enforcement of school rules

• Legal options to appeal decisions and request due process hearings

Our student defense lawyer works with families to ensure these rights are not ignored or misapplied. We intervene when schools overstep their authority, helping families push back and get appropriate support reinstated.

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Local Experience in Camden County Schools

We understand how local schools operate and have experience handling disciplinary and special education matters in:

• Camden City School District

• Cherry Hill Public Schools

• Gloucester Township Schools

• Pennsauken Public Schools

• Camden County Technical Schools

• Local charter and magnet schools

Each district has different policies and procedures, and our experience with local codes and practices allows us to act quickly and strategically.

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FAQs: Students With IEPs and School Discipline

Can a child with an IEP be expelled from school?
Only under very specific conditions. The school must first hold an MDR. If the behavior is found to be related to the child’s disability, they cannot be expelled in the traditional sense.

What if my child’s IEP wasn’t followed before the incident?
Failure to follow an IEP can be a major legal issue. You may be able to challenge the school’s actions and seek compensatory education or services.

Can I bring a lawyer to the MDR or school hearing?
Yes. Having a student defense lawyer involved ensures that your child’s rights are respected, that the process is fair, and that the school is held accountable.

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Schedule a Consultation With a Student Defense Lawyer Today

If your child has an IEP or 504 Plan and is facing disciplinary action in school, don’t wait. The consequences of suspension or expulsion can affect your child’s emotional well-being, academic progress, and legal rights.

Let us help. The Law Office of Terrell A. Ratliff is committed to defending students with disabilities throughout Camden County and surrounding areas.

📞 Call us at (856) 344-3808
📝 Or request a confidential consultation online at https://ratliffesq.com