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If Your Child Is Disabled, Can They Be Expelled?

Law Office of Katie Walsh

To answer the question above, “Yes, if your child is disabled, then they can be expelled.” But, even though this is true, the expulsion process is slightly more complex than it would normally be.

Going over what the process of expulsion will be like if your child is disabled and speaking with a California school expulsion lawyer at the Law Office of Katie Walsh, who can defend them throughout the expulsion process, will allow your child to remain at school.

What Is A School Expulsion?

A school expulsion is a situation in which a student is permanently removed from the school they are attending.

Just as an example, if a student assaults a student, then they can be expelled. And, if they are expelled from the school they are attending, then they can no longer go to that school.

A student cannot be expelled for just any reason. Rather, they must have done something that is worthy of an expulsion; a violent assault is one such action, although there are many others.

If a student is set to be expelled, they have a number of rights that they can and should exercise.

What Happens If A Disabled Child Is Expelled?

A disabled child who is expelled has the same basic rights as any other child. And the most significant of these rights are as follows:

  • The right to an expulsion hearing. 
  • The right to obtain one’s student records before the hearing.
  • The right to inspect the evidence that is being used as a basis for expulsion.
  • The right to bring an attorney to the expulsion hearing.
  • The right to cross-examine witnesses at the expulsion hearing.
  • The right to question the evidence being used to support expulsion.
  • The right to present new evidence.
  • The right to remain silent.

Every single one of these rights can and should be exercised.

Just as an example, if a disabled child is set to be expelled, they can request an expulsion hearing and, with the help of an attorney, present evidence that contradicts the supposed need for expulsion.

Even though the above is true, there is one other right that must be exercised. This right is as follows: Your disabled child has the right to a manifestation determination IEP meeting.

What Is A Manifestation Determination IEP Meeting?

A manifestation determination IEP meeting is a meeting in which the following is determined: whether or not your child should be expelled and, if not, whether an assessment and further IEP services should be required.

Just as an example, if a disabled child acts out due to their disability, then this will be assessed. This assessment can lead to further IEP services being provided so your child can be better supported in class. 

If this meeting fails to stop an expulsion, then you, your child, and an attorney can file for due process. Doing so will stop the expulsion and allow another legal outcome to be obtained.

Speak With An Orange County School Expulsion Hearing Attorney

If your child is disabled, they can be expelled. But, with the help of an attorney, your child can defend themselves from the expulsion they are facing.

Speak with an Orange County school expulsion hearing lawyer at the Law Office of Katie Walsh today, and we will assist your child in remaining at school.

Client Reviews

I hired attorney Katie Walsh to help my son when he was found with a large amount of drugs on school campus. She got us through the Expulsion Hearing, and miraculously he can go back to school at the winter semester...

AR- parent of minor client

I hired Katie Walsh to have my felony convictions expunged. She was able to expunge my record within 6 weeks of me giving her all the information. Even though technically I had a probation violation, and therefore the...

AR, criminal client

My 16 year old son was charged with possession of Marijuana, HS 11357(b). I was very concerned about what would happen to him and how this would affect his future. I contacted Ms. Walsh and she assured me that everything...

CT, parent of juvenile client

My child was charged with Felony Penal Code 597(a)- Animal Cruelty. After hiring Katie Walsh, she got the charges reduced to a misdemeanor, counseling, and 40 hours of chores at home. We come back in 6 months and the...

DH - Parent of Juvenile client

I hired Katie Walsh to represent my son on sexual abuse allegations- P.C. 288(a) and P.C. 288(b)- they were Strike Charges. After negotiating with the D.A., she got all the strike charges dismissed, and got my son...

DR- mother of juvenile client

Katie Walsh was fantastic throughout this entire process! My 13 year old son was charged with two counts of lewd act on a minor, PC 288(a) and was in juvenile hall. After hiring Ms. Walsh, she GOT MY SON OUT OF JAIL and...

EG, parent of juvenile client

My 14 year old son was arrested at school for P.C. 311 (child pornography). My son had innocent and stupid nude pictures of himself and friends on his phone. Ms. Walsh was extremely easy to talk to, and made my son feel...

GK,TK, parents of juvenile client

Ms. Walsh was a life saver when I didn't know what was going on, or how to handle the situation. My young daughter was attacked at her middle school and was seriously injured. At a time when both the school and the...

HA, mother of 13 year old Victim Rights client

I hired Katie Walsh to seal my juvenile record of PC 288(a) (lewd act on a minor), after my request had been denied by a Judge and by the Probation Department. After speaking with Probation, the DA and the Judge at a...

JW, former juvenile client

I was charged with a Felony Conspiracy charge- PC 182. After hiring Ms. Walsh she got my charged reduced to a misdemeanor right away, and now I just have to do community service and in 6 months my entire case will be...

KP, juvenile client

Ms. Walsh was like a breath of fresh air throughout this entire process. I was uncertain about the outcome, but she told me everything would be ok- and it was. She had my juvenile record sealed within 3 months of...

LR, former juvenile client

Ms. Walsh got the judge to terminate my son's probation and seal his 2 juvenile cases (Penal Code 288(a) and Penal Code 242) even though he had violated my probation by picking up a new case. By getting his record sealed...

MB- mother of juvenile client

At a very difficult time in my life I contacted attorney Katie Walsh. I am a teacher and was being harassed/stalked by a parent at my school. I wanted a Restraining Order against this person. Ms. Walsh listened to me...

MB, restraining order client

My son was charged with Lewd Conduct, P.C. 647 out of Downey, CA. After hiring Ms. Walsh, she spoke with the District Attorney, Probation, and the Judge. Even though the judge was not pleased with the offer, she was able...

MG, parent of minor

It is with sincere gratitude that I send this recommendation As a parent of a child that was arrested on a Felony Domestic Abuse charge and over 2000 miles away I had to rely on friend of a friends word that you would...

MPF, mother of criminal client

I really liked having Ms. Walsh as my attorney. She visited me in Juvenile Hall. I was charged with four counts of Robbery (Penal Code 211). This was my 8th juvenile petition. Ms. Walsh got 2 of the robbery charges...

MU, juvenile client

I was arrested for a felony Domestic charge, PC 273.5(a). After I hired Katie Walsh, my entire case was dismissed. I never had to appear in court. I felt very comfortable with Ms. Walsh- she was easy to speak with...

NF, criminal client

Katie was instrumental in helping me with a criminal matter as an advocate for me and my children when I was a named victim in a DV case. She patiently and expediently addressed all of my questions and was an invaluable...


My daughter was pulled over arrested for having a Fake ID. After hiring Ms. Walsh my daughter did not have to plead guilty- which would have affected her license status. She did community service, completed a legal...


My 14 year old daughter was involved in an assault and battery- PC 240/242, in Irvine. After hiring Katie Walsh the case was not referred to Court. My daughter was able to complete a class and the case will be dismissed...

SG, mother a juvenile client

My son was charged with possession of Child Pornography P.C. 311.11(a) - a charge I did not realize a child could be guilty of! As parents were beside ourselves when we found this out, and contacted Katie Walsh. She...

SH- mother of juvenile client

From San Diego I contacted Ms. Walsh about sealing my juvenile record in Orange County regarding a Petty Theft charge. She was always very responsive to any of my questions, and consistently kept me updated. Even though...

XL, juvenile client

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