Liability Concerns Related to Discipline of Students with Disabilities

Denise Lowell-Britt

Education has been deemed a property right in Arizona, therefore adequate due process must be provided to all students, according to Denise Lowell-Britt, Udall Shumway, PLC. The main elements of procedural due process are notice, an opportunity to be heard and a fair hearing.

There are different levels of due process for different consequences. Less due process is required when the consequences relate to extra-curricular activities, detention and suspensions of less than 10 days. Governing Board involvement is necessary in cases of suspension greater than 10 days and for expulsion.

Districts should be aware of the legal sources that can guide student discipline, including federal and state constitutions, Title 15 of Arizona Revised Statutes, federal law and regulations (IDEA and Section 504), case law and Governing Board policies and regulations.

Students with disabilities are entitled to additional and different due process from students without disabilities. Lowell-Britt noted that failure to strictly comply with legal requirements can result in substantial legal liability, resulting in high human and monetary costs.

Judi Willis, APR
PR Consultant