Toolkit · Education
The School Discipline and Student Rights Toolkit
20 U.S.C. § 1414
- Type
- Toolkit
- Jurisdiction
- National
- Date
- 2024-02-25
- Topic
- Education
This toolkit supplies the documents a family actually needs when a school discipline matter begins. It opens with the day-one email template that preserves every later option, followed by a comprehensive records request and a removal log that surfaces the cumulative-day problem districts fail to track. It provides a code of conduct element worksheet, a manifestation determination request, a written evaluation request, and a clinician letter template that is frequently decisive. Hearing materials include a written statement framework, an alternative-resolution proposal, on-the-record objection language, and a witness preparation sheet. Additional tools cover FERPA amendment and statement-in-record letters, a discrimination complaint outline, a restraint and seclusion documentation request, and an appeal notice preserving every ground. A routing table points to the other UpLaw resources each situation requires, and a closing card sets out what matters most.
The School Discipline and Student Rights Toolkit
Education > School Discipline and Student Rights | Published 25 February 2024 - Updated 25 February 2025 | UpLaw - uplaw.us
School discipline is decided by documents and deadlines. These are the documents.
Tool 1 — The day-one email
⭐ Send this the same day, from an address you control, to the principal and the special education coordinator. It fixes the date, preserves every request, starts the disability clock, and creates the record any appeal will rest on.
Subject: [Student name], [grade] — incident of [date] — request for information and records
Dear [Principal],
I am writing to confirm our conversation today. I was informed that [student] has been [suspended for X days / recommended for expulsion] in connection with an incident on [date], charged under [rule/section] of the code of conduct.
I request the following, in writing:
- The complete discipline file and education record for [student], including all incident reports, witness statements (staff and student), and any written statement by [student].
- Any video or audio recording of the incident or the surrounding period. I request that all such recordings be preserved and not overwritten.
- The code of conduct provision charged, and the code in effect on the date of the incident.
- The hearing procedure, the standard of proof, whether witnesses may be called and cross-examined, whether counsel or an advocate may attend and participate, and every applicable deadline.
- The names of any witnesses the district intends to present.
- A list of all removals of [student] from instruction this school year, including partial-day removals and any occasion on which I was asked to collect [student] early.
[If applicable:] [Student] has [an IEP / a Section 504 plan / a diagnosis of ___]. I request a manifestation determination review and a copy of the current [IEP/504 plan], functional behavioral assessment, and behavior intervention plan.
[If applicable:] I request an evaluation for special education eligibility. This is a written request under 20 U.S.C. § 1414.
Please confirm whether a law enforcement referral has been made and, if so, to whom and when. I do not consent to any further questioning of [student] outside my presence.
Thank you.
[Name, contact, date]
☐ ⚠ Send it the same day. Video retention cycles are frequently thirty days. ☐ Keep the thread; do not start new ones.
Tool 2 — Removal log
Districts frequently fail to track cumulative removals. ⭐ Ten cumulative school days is where formal process begins and where IDEA protections activate.
| Date | Type (suspension / informal / half day / in-school without instruction) | Days counted | Reason given | Recorded by district? | Documentation |
|---|---|---|---|---|---|
| ☐ | |||||
| ☐ | |||||
| ☐ | |||||
| Total days this year |
☐ Include every "come get him for the day" call, with the time called and the time collected. ☐ Include shortened schedules; a two-hour day is a change of placement. ☐ ⚠ Where a removal is not recorded as a suspension, email the school the same day stating that the student was excluded on that date. That email is the proof.
Tool 3 — Code of conduct element worksheet
⭐ Districts frequently charge conduct under a rule whose language does not cover it, because nobody reads the definition aloud.
| Item | Entry |
|---|---|
| Rule section charged | |
| Full text of the rule, quoted | |
| Definitions of every term used in it | |
| Element 1 — what must the district prove? | |
| Evidence the district has for element 1 | |
| Our response to element 1 | |
| Element 2 | |
| Evidence / response | |
| Element 3 | |
| Evidence / response | |
| Exceptions in the code (self-defense, prescribed medication, lack of intent) | |
| Range of consequences the code authorizes | |
| Consequences imposed on other students for comparable conduct | |
| Does the code require a conference, progressive discipline, or alternatives first? | |
| Does the code purport to reach off-campus conduct? |
☐ Read the exceptions carefully. ⭐ A self-defense or prescribed-medication provision that nobody mentions decides a surprising number of cases.
Tool 4 — Manifestation determination request
Subject: Request for manifestation determination review — [student], [date]
[Student] has been removed from instruction for [X] cumulative school days this year, as documented in the attached log. This exceeds ten school days and therefore constitutes a change of placement.
I request a manifestation determination review within ten school days, in accordance with 20 U.S.C. § 1415 and 34 C.F.R. part 300. I request that the team address both required questions:
- Whether the conduct in question was caused by, or had a direct and substantial relationship to, [student]'s disability; and
- Whether the conduct was the direct result of the district's failure to implement the [IEP / Section 504 plan].
I request in advance of the meeting: the current [IEP/504 plan]; all evaluations; the functional behavioral assessment and behavior intervention plan; teacher observations and behavior data; and the discipline records for the past twelve months.
I am enclosing a letter from [student]'s treating [physician / psychologist] addressing the relationship between the conduct and the diagnosed condition.
[If applicable:] [Student] has not been found eligible under IDEA. The district had knowledge of a suspected disability before this conduct because [I requested an evaluation in writing on (date) / I expressed concern in writing to (name, title) on (date) / (staff member) expressed specific concerns about a pattern of behavior]. IDEA protections therefore apply.
I also invoke the stay-put provision; [student] should remain in the current placement pending resolution.
[Name, contact, date]
☐ Cite the evaluation obligation at 20 U.S.C. § 1414 and eligibility framework at 20 U.S.C. § 1401. ☐ Where the student has a 504 plan rather than an IEP, cite 29 U.S.C. § 794 and 34 C.F.R. part 104, and ADA Title II at 42 U.S.C. § 12132. ☐ ⭐ Honig v. Doe supplies the stay-put principle — the most powerful provision in school discipline law.
Tool 5 — Clinician letter template
Give this to the treating provider. ⭐ One paragraph, obtained in two days, is frequently decisive at a manifestation determination.
[Date] — To the [IEP / Section 504] Team
I am [name], a [licensed profession] treating [student], age [ ], since [date]. [Student] has been diagnosed with [condition(s)] under my care.
[Condition] characteristically produces [describe the relevant functional manifestation: impulsivity under provocation; difficulty with transitions; heightened threat response; difficulty modulating emotional expression; executive function deficits affecting inhibition].
Based on my treatment history and the description of the incident of [date], the conduct at issue is consistent with, and in my clinical opinion has a direct and substantial relationship to, [student]'s diagnosed condition. Specifically, [one or two sentences connecting the mechanism to the behavior].
[If applicable:] I would additionally note that the supports described in the current [IEP/504 plan] — specifically [ ] — appear not to have been in place at the time of the incident.
I am available to discuss this further.
[Signature, credentials]
☐ Ask for it by email with the incident description attached; most providers will produce it within a few days. ☐ ⚠ Do not ask the clinician to opine on whether discipline is warranted. The question is the relationship between the condition and the conduct.
Tool 6 — Records request and amendment
Access request:
Under 20 U.S.C. § 1232g and 34 C.F.R. part 99, I request to inspect and review all education records of [student], including cumulative file, discipline records, health records, evaluations, communications about [student], and any video directly related to [student] and maintained by the district. Please advise when the records will be available; I understand the district has forty-five days.
Amendment request:
I request amendment of the following record: [identify precisely]. It is [inaccurate / misleading / in violation of privacy rights] because [state the basis]. If the district declines to amend the record, I request a hearing as provided by 34 C.F.R. part 99.
Statement in record (if amendment fails):
Please place the enclosed statement in [student]'s education record. I understand that it must be maintained with the contested portion of the record and disclosed whenever that portion is disclosed.
☐ ⭐ The statement-in-record remedy is small, permanent, and almost nobody uses it. ☐ File a directory information opt-out separately if desired. ☐ ⚠ There is no private right of action — Gonzaga University v. Doe foreclosed enforcement through 42 U.S.C. § 1983. The remedy is an administrative complaint.
Tool 7 — Hearing statement framework
Keep it to one page. Address the elements in order.
Statement of [parent/student] — [student name] — hearing of [date]
1. The charge. The district charges a violation of [section], which provides: "[quote]." The elements are [list].
2. What the evidence shows. [Element 1]: the evidence is [exhibit/witness], which shows [fact]. [Element 2]: [ ]. [Element 3]: [ ].
3. The code's own exception. Section [ ] provides that [self-defense / prescribed medication / lack of intent] is excluded from this offense. That exception applies here because [ ].
4. Proportionality. The code authorizes consequences ranging from [ ] to [ ]. Comparable conduct in this building has resulted in [ ].
5. Context. [Attendance, grades, service, any explanation for a change in behavior.]
6. Requested outcome. [State it precisely, and propose the alternative below.]
Tool 8 — Alternative resolution proposal
⭐ Panels adopt proposals; they rarely invent them. Hand them somewhere to land other than yes or no.
Proposed resolution — [student], [date]
In lieu of [expulsion / the recommended removal], [student] and [parent] propose:
- A [X]-day suspension, served [dates], with all work provided and credit awarded.
- A functional behavioral assessment completed by [date], and a behavior intervention plan developed by the team.
- [Counseling / restorative conference with the affected party / conflict resolution program], with completion documented to the [principal] by [date].
- A schedule modification separating [student] from [ ] during [periods].
- A check-in with [staff member] at the start of each day for [period].
- A review meeting on [date] to assess progress.
- The incident recorded as [ ] in the discipline record, with no expulsion entry, subject to compliance with items 1–6.
[Student] and [parent] agree to these terms.
☐ ⭐ Item 7 is the one that matters longest. Negotiate the record while the district still wants something.
Tool 9 — On-the-record objection language
Say these out loud at the hearing; a written objection that was never entered may not exist on appeal.
☐ Notice: "I object. The notice we received charged [X]; the district is now presenting evidence of [Y]. We had no opportunity to prepare a response." ☐ Withheld evidence: "I object. We requested this document in writing on [date] and it was not produced. Its introduction now impairs our ability to respond." ☐ Decision-maker conflict: "I object. [Name] investigated this incident and is presenting the district's case. I ask that [name] not participate in the decision." ☐ Outside evidence: "I object. The panel is referring to information that was not presented at this hearing and that we have had no opportunity to address." ☐ Missing manifestation determination: "I object. [Student] has been removed for [X] cumulative days. No manifestation determination has been conducted, as required by 20 U.S.C. § 1415." ☐ Excessive consequence: "I object. Section [ ] authorizes a maximum of [ ] for this offense." ☐ Findings: "I request written findings of fact addressing each element of the charged violation." ☐ Record: "I request a copy of the recording or transcript of this hearing."
Tool 10 — Witness preparation sheet
| Witness | What they saw | Time and location | Will they appear? | Statement obtained? |
|---|---|---|---|---|
| ☐ | ☐ | |||
| ☐ | ☐ |
☐ Obtain statements while memories are fresh; a week is a long time. ☐ Ask each witness for times and positions, not conclusions. ⭐ "The video at 11:42 shows him walking away" changes cases; "he's a good kid" does not. ☐ Ask whether the district interviewed them, and what they said. ☐ Do not coach; inconsistencies discovered later are far worse than a rough account.
Tool 11 — Discrimination complaint outline
For a complaint to the district or a federal civil rights office.
| Element | Entry |
|---|---|
| Protected basis (race, national origin, sex, disability, homelessness, immigration status) | |
| Statute — 42 U.S.C. § 2000d / 20 U.S.C. § 1681 / 29 U.S.C. § 794 / 42 U.S.C. § 12132 / 42 U.S.C. § 11432 | |
| Regulation — 34 C.F.R. part 100 / 34 C.F.R. part 106 / 34 C.F.R. part 104 / 28 C.F.R. part 35 | |
| What happened, with dates | |
| Comparators — how others were treated | |
| Notice given to the district, and when | |
| The district's response | |
| Harm | |
| Relief requested |
☐ Where peer harassment is at issue, the standard is deliberate indifference to severe, pervasive, objectively offensive conduct — Davis v. Monroe County Board of Education; for employee misconduct, actual notice and deliberate indifference — Gebser v. Lago Vista Independent School District. ☐ Enrollment may not be conditioned on documents revealing immigration status — Plyler v. Doe. ☐ Sovereign immunity is abrogated by 42 U.S.C. § 2000d-7. ☐ ⚠ Federal civil rights complaints are typically due within 180 days. ☐ Follow the district's own complaint procedure precisely; failure to do so is often its defense.
Tool 12 — Restraint and seclusion documentation request
Subject: Request for restraint and seclusion documentation — [student]
I request all documentation of any physical restraint, mechanical restraint, or seclusion involving [student] during [period], including for each incident: the date, time, and duration; the antecedent event; who authorized the intervention; who performed it; the training credentials of each person involved; the debriefing conducted; and the notice provided to me.
I further request the current behavior intervention plan and any functional behavioral assessment, and confirmation whether the interventions used were authorized by that plan.
If restraint or seclusion has been used repeatedly, I request an IEP team meeting to review whether the behavior intervention plan is effective, in accordance with 20 U.S.C. § 1414.
[Name, date]
☐ ⭐ Repeated restraint of a student with a disability is evidence the plan is failing — an IDEA issue, not merely a safety matter. ☐ Consider disability discrimination under 29 U.S.C. § 794 and 42 U.S.C. § 12132. ☐ Check state law, which frequently requires notice, documentation, and debriefing.
Tool 13 — Speech and search challenge worksheet
If the discipline is for expression:
| Question | Answer | Consequence |
|---|---|---|
| Where did the speech occur? | Off campus weakens the school's interest | |
| Was it at a school event? | Bethel School District No. 403 v. Fraser may apply | |
| Was it school-sponsored? | Hazelwood School District v. Kuhlmeier may apply | |
| Did it promote illegal drug use at a school event? | Morse v. Frederick may apply | |
| What disruption does the district identify? | Tinker v. Des Moines Independent Community School District requires material and substantial | |
| Was the disruption actual or forecast? | Undifferentiated fear is insufficient | |
| Was the target a specific student? | Harassment analysis differs |
If the discipline followed a search:
| Question | Answer | Consequence |
|---|---|---|
| What facts justified the search at its inception? | New Jersey v. T.L.O. requires reasonable grounds | |
| Did the tip identify this student? | A general tip is thin | |
| How intrusive was the search? | Safford Unified School District No. 1 v. Redding — scope is independently required | |
| Was the student an athlete or extracurricular participant subject to testing? | Vernonia School District 47J v. Acton, Board of Education v. Earls | |
| Did an officer conduct or direct it? | Changes the analysis |
☐ ⚠ The exclusionary rule generally does not apply in the discipline hearing — but the search matters in juvenile court and in a 42 U.S.C. § 1983 claim, with fees under 42 U.S.C. § 1988.
Tool 14 — Notice of appeal
NOTICE OF APPEAL — [student], decision of [date]
- Appellant: [parent/guardian], on behalf of [student], [grade], [school].
- Decision appealed: [describe], issued [date], received [date].
- Grounds: a. The decision is not supported by substantial evidence, in that [ ]. b. The conduct does not satisfy the elements of [section] because [ ]. c. The code's exception at section [ ] applies because [ ]. d. The consequence exceeds what the code authorizes for this offense. e. The proceeding was procedurally defective in that [inadequate notice / evidence withheld / decision-maker also investigated / evidence considered outside the hearing / no written findings]. f. No manifestation determination was conducted despite [X] cumulative days of removal, in violation of 20 U.S.C. § 1415. g. The discipline burdens protected expression under the First Amendment. h. The discipline resulted from a search unsupported by reasonable suspicion or excessive in scope.
- Relief requested: [reversal / reduction / expungement of the record / return to placement].
- Appellant requests the recording or transcript of the hearing and the complete record.
[Signature, date]
☐ ⚠ Calendar the deadline the day the decision arrives; it is frequently ten days or fewer. ☐ Preserve every ground raised at the hearing; grounds not raised are usually waived. ☐ ⭐ Where IDEA applies, due process under 20 U.S.C. § 1415 is a far stronger forum than any general appeal: impartial hearing officer, counsel, evidence rules, stay put, and fee shifting.
Tool 15 — Routing table
Tool 16 — The card
- Send the day-one email. Everything depends on it.
- Request the video immediately — it may be gone in thirty days.
- Raise any disability, diagnosis, or evaluation request in writing on day one.
- Count every removal, including the informal ones.
- Read the rule charged, including its definitions and exceptions.
- Say nothing if police are involved.
- Get the clinician letter.
- Propose an alternative the panel can adopt.
- Object out loud, on the record.
- Negotiate what goes in the permanent record, before you agree to anything.