Essay | Describe three aspects of due process for a school seeking to suspend a student with disabilities

Three Aspects of Due Process

The procedures for suspending students with disabilities are regulated by the Individuals with Disabilities Education Act (IDEA). The Act holds that students with exceptionalities can be suspended or expelled from the school if they commit an offence that violates the codes and conduct of the institution (Sullivan, Van Norman & Klingbeil, 2014). IDEA, however, outlines the due process to be adhered to by a school seeking to suspend students with disabilities. Some of the key aspects of the due process include the right to notice, fair hearing and final verdict.

The school must issue the disabled student with a formal notice before the suspension commences. Notice is a letter that informs the student and their parents that the institution intends to suspend the student and the reason behind such a move. The description of the offence and the specific date that the offence was committed must be outlined with sufficient details to allow the student a fair opportunity to explain their side of story. The notice should inform the student of critical dates, stakeholders to get in touch with for details, and perhaps an illustration of their rights (Kowalski, 2010). Secondly, special students have a right to fair hearing. The school must ensure that the selected panel is impartial. For example, a stakeholder who is related to someone involved in the case cannot be a panelist. Special students have a right to be represented at the hearing either by a relative or parent. During the hearing, special students….