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| Home > Advocacy Library > Letters to Wrightslaw > Can the School Expel a Child with ADHD and Severe LD? |
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Our son has ADHD and severe learning disabilities. Can the school expel him for leaving school early? We learned that our son had ADHD when he was 5. He takes medication and sees a psychologist. The school is aware of his diagnosis. Our son is almost 16 years old and is still in the 8th grade. Recently, we learned that our son has serious learning disabilities, in addition to ADHD. The school has never offered any help. He has been suspended several times this year. Recently, he was suspended for 10 days. Before he returned to school after the last suspension, we got a letter telling us that they plan to expel him for the rest of the year. I’m sure you’re asking, “What did he do wrong?” Well, he didn’t fight or sell drugs or anything like that. He went home after school with a friend in a car without getting permission first. We have always supported the school but this doesn’t seem right. He is so far behind that if he misses a year, he’ll never catch up. I am afraid he will drop out because he already feels hopeless about school. Is the school justified in expelling our son for this offense? Or are they just trying to get rid of him? I would appreciate it if you can help us decide what to do next.
According to your letter, the school is aware that your son has ADHD and learning disabilities. He has had academic problems that led them to retain him. Despite evidence that your son has a disability that is adversely affecting his educational performance, the school has not offered to evaluate him nor are they providing special education services. After several suspensions, they are threatening to expel him. Your son’s offense is not related to weapons or drugs. He isn’t a danger to himself or others. You ask, “Can they do this?” Answer: Yes and no. Yes, they may be able to get away with this if parents don’t know their rights or don’t know how to assert their rights. But if the school hasn’t evaluated your son or found him eligible for special education, it’s unlikely that you know about these rights. Here are some general suggestions about how to proceed. I strongly advise you to consult with an attorney who is knowledgeable about special education legal issues. An attorney will help you decide how to proceed, given the law in your state or jurisdiction. For a list of parent attorneys, visit the Council of Parent Attorneys and Advocates site: Discuss
the school’s threat with your son’s psychiatrist and psychologist.
Are they in your corner? What do they think your son needs educationally?
Write a letter to the school advising them that you do not agree to the expulsion. Use the letter you sent to Wrightslaw as a guide. In that letter, you described the problem and your concerns about your son. You didn’t blame the school in ways that would turn a Stranger off. You need to learn about your rights and responsibilities under the special education law. Here is some general information that will help you get started:
Here
is a link to the main Advocacy
Library
Here is a link to the Law Library Link to the Newsroom.
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