Children with certain disabilities are often singled out for behavioral issues, sometimes because the behavior is “different,” and school officials don’t want to deal with it. Sometimes, children exhibit behaviors that are directly caused by their disability.

In-school suspension and out-of-school suspensions that exceed 10 school days are placement changes that require an Admission, Review and Dismissal (ARD) Committee decision. Placements in a disciplinary alternative education program (DAEP) require additional safeguards for the student.

Except in limited circumstances, a student cannot be placed in a DAEP for violating the student code of conduct if the student’s behavior was caused by or had a direct and substantial relationship to his or her disability. Likewise, a student cannot be placed in a DAEP if the behavior was caused by the school’s failure to implement the student’s Individualized Education Program (IEP).


Special education lawyer Sharon Ramage advocates for parents of any child who is disabled, who receives or is eligible for special education services and who is being disciplined. If the school is proposing a DAEP placement and you disagree, you can challenge the school’s manifestation determination review. Sharon Ramage represents parents in expedited due process hearings when a disciplinary placement of a disabled child is at issue.


It is important to remind yourself that your child has rights even if he or she is accused of committing an offense or breaking school rules. Sharon Ramage can represent your child in disciplinary evaluations or hearings. To discuss your child’s case, talk to attorney Sharon Ramage. Our office represents parents in every part of Texas.

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