What is required before disciplinary action can be taken that might result in a student’s suspension?

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Before disciplinary action that could lead to a student’s suspension can take place, a Manifestation Determination Hearing is necessary. This process is mandated by the Individuals with Disabilities Education Act (IDEA) for students with disabilities to ensure that any disciplinary measures consider the student's disability status and its impact on behavior.

The purpose of the hearing is to determine whether the behavior in question was a manifestation of the student's disability. If the behavior is found to be directly related to the student's disability, then the school cannot proceed with suspension or similar disciplinary actions. This legal safeguard aims to ensure that students with disabilities are treated fairly and that their educational rights are protected, taking into account the complexities that their conditions might present.

Other options, such as a Parent-Teacher Conference, an Individualized Education Plan (IEP) meeting, or a Behavioral Assessment, while important in supporting a student's educational needs, do not specifically address the requirements for discipline regarding potential suspensions under IDEA. The Manifestation Determination Hearing directly addresses the legal criteria needed before a suspension can be justified, making it the essential step in this context.

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