Success Academy marks big failure by suspending special needs student for 45 days
Based on the facts of the case, Success Academy’s decision to suspend a student with a disability for 45 days cannot be condoned.
Even if the child had no special needs, the child has a right to an education and a 45-day suspension seems excessive.
Whatever punitive or remedial rationale for the suspension could reasonably be accomplished in much less time.
Moreover, children with special needs have specific due process rights prior to lengthy suspensions that do not appear to have been followed here.
A “manifestation determination review” must be held to assure that the behavior does not arise from the child’s disability, as the parent alleges.
It would simply be unfair to punish a child for behavior not within his control. In short, this appears to be a classic “push-out” situation.
Aside from these Draconian measures, the matter raises questions about whether the child’s special needs wereSuccess Academy wrong to suspend special needs kid for 45 days - NY Daily News:
