Can my school penalize me for an outburst due to ADHD? 18 Answers as of January 20, 2012

School policies can be used to control behavior. I would not think you could prevail because of your existing condition. There are meds that could be used to help control outbursts and prevent behavior problems.

I do not think you have any case to pursue.

I don't have enough information to advise you; however, you cannot generally discriminate against a person due to medial conditions. Having said this, are you currently being treated for your condition by a medical doctor? Are there medical records to document your condition? Was the school made aware of your condition? Also, what was the nature of your outburst? Was it such that it can be directly attributed to your condition? You also don't say whether or not the school is public or private; nor do you say whether your "outburst" put other people/students at risk. The answers to these questions are important in determining whether or not the school was justified. You should consult with an attorney who can then review these issues in detail.

Many people with ADHD can maintain themselves enough to graduate. The school district has the power to expell who they want for any reasonable reason. Your onoy recourse would be to sue. You would have to find a lawyer willing to sue the school District and a Doctor willing to put his reputation on the line o say that you cannot control your behavior and were acting out involuntarily. I would wager that you won't find a doctor or a lawyer willing to suethe school district under this circumstance.

If this is a diagnosed disability, you should have the entire matter reviewed by an attorney who specializes in civil rights litigation. Since this was an extra-cirricular activity, the school may limit your participation but the actions taken should be reviewed.

Your school can charge you for the outburst... the question is whether they can penalize you for the same... you must demand a hearng and raise as your defnese your disability You have a good defense.

Your school has an administrative proceeding through their rule-book that should give you an option to appeal their decision. I'd recommend you retain a lawyer to assist you with this matter. If your disability was documented, then potentially you lacked the state-of-mind to truly be guilty of what they charged you with. However, the burden is usually on the moving party with these hearings so you'll need the proofs to help your case. I'd recommend you consider retaining a lawyer to help you. The consequences of such disciplinary proceedings may impact your ability to get into colleges or other programs.

You need to hire an attorney who practices civil law, as this is not a criminal matter. Also, it might be a good idea for a responsible adult, like a parent, to file a formal complaint with the school board/district where you school is sited.

Having a mental disease or defect may be a defense to criminal charges but the school is disciplining you for your behavior and it is not a defense that you have some disorder and you will not be able to use that to exonerate yourself.

People with health conditions often have certain protections. (This is covered in the American With Disabilities Act). It is important to remember that juveniles generally have less rights and protections than adults.