Children with Asperger’s Disorder are more likely to get suspended or expelled from school than their nondisabled peers. Under IDEA 2004, there are specific rules regarding suspensions and expulsions for special education students that protect them from excessive and unproductive disciplinary action. Suspensions of more than ten consecutive days require certain actions on the part of the school district.
IDEA 2004 has made major changes in how discipline is handled for disabled students. It is best to consult an advocate or a special education lawyer who specializes in discipline issues if the school is threatening expulsion or change of placement caused by a discipline issue. Under Section 504, the child is not given the same protection. The school does not have to keep the child in school while they perform an assessment for the offending behavior.