Avoiding an Expulsion and Advocating for Special Education Services

One of our biggest successes this quarter came from working with an elementary school student who was facing expulsion. The student had a diagnosed disability, yet his school was not providing him with any special education services. After a disciplinary incident related to his disability occurred, the school sought to expel him. We wrote a demand letter outlining our legal position and explaining to his school district the many ways that they violated federal law. Shortly thereafter, we were able to negotiate a favorable arrangement for our student: he returned to school the next week, had a Section 504 meeting where he was classified as a student with a disability, and had an assessment plan put in place to determine all his areas of disability and educational need.
Spring 2023 Clinical Law Student Team: Matthew Coffin and Natalie Leifer