The Law Office of Lillian E. Wong
A Massachusetts Special Education Attorney

This question was originally posted on www.avvo.com.

Question:

Can a negative mark on my child's record be avoided by removing him from a school district prior to a hearing?  If my child is removed from the district prior to his hearing, does that keep his record clear. He is being evaluated for ADD/ADHD.

My Answer:

You should contact a special education attorney.  There are special legal protections for children being disciplined if their behavior was a manifestation of their disability. Does your child have an Individualized Education Program (IEP)? Even if he doesn't, he may still receive special education protections if he should have been receiving special education services due to his ADD/ADHD. A special education attorney can also help you request to amend your child's record