LAUSD Cannot Expel Student After Finding Behavior Was a Disability Manifestation

A 16-year-old special education student with Other Health Impairment brought a firearm to school, and the district's own IEP team determined the behavior was a manifestation of his disability. Despite this finding, Los Angeles Unified later resumed expulsion proceedings and expelled the student more than a year after the incident. The ALJ ruled the expulsion violated the IDEA, vacated it, and ordered the student reinstated to his IEP placement with all expulsion records removed.

What Happened

A 16-year-old boy eligible for special education under the category of Other Health Impairment brought a semi-automatic handgun and a loaded magazine to his middle school on November 27, 2012. He was suspended, arrested, and taken to juvenile hall. In January 2013, the district held a meeting and determined — with the student and his mother present — that bringing the weapon to school was a manifestation of his disability. Under federal law, that finding limited the district to placing the student in an interim alternative educational setting (IAES) for no more than 45 days. The district placed him in a community day school and suspended its expulsion proceedings at the family's request so that special education assessments could be completed.

The family later filed for due process over the interim placement, and in August 2013 the parties settled: the district agreed to fund placement at a private non-public school (Little Citizens Westside Academy) through the 2013–2014 school year and 2014 extended school year. A new IEP was written in November 2013 documenting that placement. Then, in December 2013 — nearly a year after the original manifestation determination — the district suddenly resumed expulsion proceedings. Critically, the district's Expulsion Review Committee was never told about the manifestation determination or the settlement agreement. The Board of Education accepted the recommendation and expelled the student on January 21, 2014. The family filed this expedited due process hearing request in April 2014.

What the District Did Wrong

Expelled a student after finding his conduct was a manifestation of his disability. Once the IEP team determined in January 2013 that the student's behavior was caused by his disability, the IDEA limited the district to a 45-day interim alternative placement. The district had no legal authority to later impose a permanent expulsion for the same incident.
Withheld critical information from its own Expulsion Review Committee and Board. The committee that recommended expulsion and the Board of Education that approved it were never told about the January 2013 manifestation determination or the August 2013 settlement agreement — both of which were directly relevant to whether the student could lawfully be expelled.
Failed to consider the expulsion on a case-by-case basis. Federal and state law require that the Gun-Free Schools Act be applied consistently with the IDEA, including individual case-by-case review. The district's blanket written policy of expelling all special education students who bring firearms to school — regardless of a manifestation finding — is unlawful.
Tried to shift its FAPE obligation to the county office. After expelling the student, the district instructed the family to contact the Los Angeles County Office of Education for placement and services. The ALJ rejected this as an improper attempt to escape the district's own legal duty to provide a free appropriate public education.
Argued — unpersuasively — that OAH had no jurisdiction. The district claimed the hearing officer could not review an expulsion order. The ALJ disagreed: an expulsion is a "change of placement," which the IDEA expressly allows OAH to review and reverse.

What Was Ordered

The January 21, 2014 expulsion order was vacated — wiped out entirely.
The district must remove all references to the 2013–2014 expulsion proceedings from the student's school records within 45 days of the decision.
The district must immediately reinstate the student to the placement specified in his November 21, 2013 IEP — Little Citizens Westside Academy.

Why This Matters for Parents

A manifestation determination is legally binding. If an IEP team finds that a student's misconduct — even bringing a gun to school — was caused by the student's disability, the district cannot later expel the student for that same conduct. The IDEA's protections are not optional, and no state or local expulsion policy can override them.
The Gun-Free Schools Act does not cancel IDEA protections. Both federal and California law explicitly require the Gun-Free Schools Act to be applied in a manner consistent with the IDEA. Even for weapons offenses, the maximum consequence when behavior is a manifestation is a 45-day interim alternative placement — not permanent expulsion.
Demand that your child's IEP team documents be presented at any expulsion hearing. In this case, the expulsion committee and school board never saw the manifestation determination or the settlement agreement. Parents should put in writing — and confirm in writing — that any disciplinary body considering their child's case has received all special education records, including manifestation determination findings.
An expulsion is a "change of placement" — you have the right to an expedited due process hearing. If your child with an IEP is expelled or threatened with expulsion, you can request an OAH expedited hearing within days. A decision must be issued within 10 school days after the hearing, making this one of the fastest remedies available under the IDEA.
District "no harm, no foul" arguments can be rejected. The district argued the student wasn't hurt because he was still attending his school at the time of the hearing. The ALJ rejected this: the expulsion order would have stripped his placement and funding the moment the settlement agreement expired. Parents should push back firmly if a district claims procedural violations don't matter because services are currently continuing.

What Happened

What the District Did Wrong

Expelled a student after finding his conduct was a manifestation of his disability. Once the IEP team determined in January 2013 that the student's behavior was caused by his disability, the IDEA limited the district to a 45-day interim alternative placement. The district had no legal authority to later impose a permanent expulsion for the same incident.
Withheld critical information from its own Expulsion Review Committee and Board. The committee that recommended expulsion and the Board of Education that approved it were never told about the January 2013 manifestation determination or the August 2013 settlement agreement — both of which were directly relevant to whether the student could lawfully be expelled.
Failed to consider the expulsion on a case-by-case basis. Federal and state law require that the Gun-Free Schools Act be applied consistently with the IDEA, including individual case-by-case review. The district's blanket written policy of expelling all special education students who bring firearms to school — regardless of a manifestation finding — is unlawful.
Tried to shift its FAPE obligation to the county office. After expelling the student, the district instructed the family to contact the Los Angeles County Office of Education for placement and services. The ALJ rejected this as an improper attempt to escape the district's own legal duty to provide a free appropriate public education.
Argued — unpersuasively — that OAH had no jurisdiction. The district claimed the hearing officer could not review an expulsion order. The ALJ disagreed: an expulsion is a "change of placement," which the IDEA expressly allows OAH to review and reverse.

What Was Ordered

The January 21, 2014 expulsion order was vacated — wiped out entirely.
The district must remove all references to the 2013–2014 expulsion proceedings from the student's school records within 45 days of the decision.
The district must immediately reinstate the student to the placement specified in his November 21, 2013 IEP — Little Citizens Westside Academy.

Why This Matters for Parents

A manifestation determination is legally binding. If an IEP team finds that a student's misconduct — even bringing a gun to school — was caused by the student's disability, the district cannot later expel the student for that same conduct. The IDEA's protections are not optional, and no state or local expulsion policy can override them.
The Gun-Free Schools Act does not cancel IDEA protections. Both federal and California law explicitly require the Gun-Free Schools Act to be applied in a manner consistent with the IDEA. Even for weapons offenses, the maximum consequence when behavior is a manifestation is a 45-day interim alternative placement — not permanent expulsion.
Demand that your child's IEP team documents be presented at any expulsion hearing. In this case, the expulsion committee and school board never saw the manifestation determination or the settlement agreement. Parents should put in writing — and confirm in writing — that any disciplinary body considering their child's case has received all special education records, including manifestation determination findings.
An expulsion is a "change of placement" — you have the right to an expedited due process hearing. If your child with an IEP is expelled or threatened with expulsion, you can request an OAH expedited hearing within days. A decision must be issued within 10 school days after the hearing, making this one of the fastest remedies available under the IDEA.
District "no harm, no foul" arguments can be rejected. The district argued the student wasn't hurt because he was still attending his school at the time of the hearing. The ALJ rejected this: the expulsion order would have stripped his placement and funding the moment the settlement agreement expired. Parents should push back firmly if a district claims procedural violations don't matter because services are currently continuing.