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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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Can an emotionally disabled child be expelled from 4th grade

Resolved Question:

Can an emotionally disabled child be expelled from 4th grade with a level 3 disciplinary infraction? He has been expelled until Jan. 2011 with a tutor coming to the home for 4-5 hrs./wk. How can this small amt. of education possibly make up for 3 months in school? We were told the school has no choice---it is mandatory expulsion.
Submitted: 6 years ago.
Category: Legal
Expert:  Sam replied 6 years ago.

Hi

 

Please tell me what state this is

Customer: replied 6 years ago.
Colorado
Customer: replied 6 years ago.
Any answers, yet?



Expert:  Sam replied 6 years ago.

Hi

 

Yes, I was posting it as you were posting. I had to research the information.

 

 

"Level III disciplinary infractions" are those infractions that are to be addressed by the Principal (or his/her designee) and for which suspension by the Principal (or his/her designee) shall be mandatory and further disciplinary action, including expulsion where allowed by law, shall be optional.

So, suspension is mandatory but expulsion is an option for the Level III

But it is mandatory for a Level IV

"Level IV disciplinary infractions" are those infractions that are to be addressed by the Principal (or his/her designee) and for which suspension by the Principal (or his/her designee) shall be mandatory. Expulsion shall be mandatory. Further disciplinary action shall be optional.

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer: replied 6 years ago.
What about section 22-33-106 regarding " child may not be expelled if actions are a manifestation of a child's disability"
Expert:  Sam replied 6 years ago.

Hi

 

Yes, that is applicable. However, this is a matter you would need to discuss with the principal. The ruling is there may be expulsion, if it is shown that the disabled student's behavior is such that the child will not benefit from the programs. You may read more here.

 

It is at the principal's discretion. So, I suggest, you speak with the principal and then hear how it was determined that your son's disability was NOT the reason for the infraction. And, also how you son is not able to benefit due to the disability. Because it is at the discretion of the principal, you have the right to appeal the decision as shown in the link above.

 

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

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