If a child's behavior is not caused by the child's disability, a child with a disability may be suspended or expelled but the school must continue to provide needed services in an alternative setting. Separate rules apply to situations involving weapons and drugs. Parent Challenges to School Decisions Parents may challenge decisions made by schools through two processes. First, when a parent believes the school is violating the procedures of the IDEA or is not complying with the IEP, parents may rile a written complaint with the state department, which will investigate the complaint and require the school to submit a corrective action plan if found out of compliance. Second, a parent may file for a due process hearing concerning any complaint or concerning any school proposal or refusal to initiate or change the identification, evaluation, placement, or the provision of a free appropriate public education, as well as under the discipline procedures of the Act.
Informal mediation is available to parties to attempt to resolve disputes prior to hearing.
Parties have the right to appeal hearing decisions into state or federal court. The child's placement or services am protected through the course of such proceedings. These remedies may include requiring a school to modify an IEP, implement an existing IEP, provide a particular placement, provide a related service, reimburse parents, or provide additional services.