When Schools Call You to Pick Up Your Child

By: Dr. Gabrielle Baker, President & Advocate

Many parents experience the same scenario: the school calls and says your child is dysregulated, unsafe, or “having a hard day,” and asks you to pick them up early. But when you arrive, you learn your child has not been suspended. These informal removals, sometimes called soft suspensions, parent pick ups, early dismissals, or “cool off days,” are still removals under federal law, even if the school does not document them.

Under the Individuals with Disabilities Education Act (IDEA), schools must follow specific disciplinary procedures when removing a child with a disability from their educational setting. The law does not allow for undocumented or off the record removals. OSEP clarified in 2022 (OSEP Q&A: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions) that any time a child is sent home due to behavior, whether recorded or not, it counts as a removal.

IDEA guarantees every child with a disability a Free Appropriate Public Education (FAPE) under 20 U.S.C. § 1401(9) and 34 C.F.R. § 300.101. Removing a child from school without providing services, without documenting the removal, and without reviewing supports violates FAPE because it denies access to instruction. Schools are required to implement the IEP as written (34 C.F.R. § 300.323). Sending a child home early without services or supports is a failure of implementation.

Discipline protections under IDEA also apply. Under 34 C.F.R. § 300.530(b), any removal from the child’s placement, whether called a suspension or not, counts toward the 10 day limit. Once removals exceed 10 days or form a pattern, the school must conduct a manifestation determination review under 34 C.F.R. § 300.530(e) to determine whether the behavior was related to the child’s disability. The school must also provide services during removals so the child can continue to participate in the general curriculum and make progress toward IEP goals (34 C.F.R. § 300.530(d)). Informal removals that avoid documentation prevent these protections from being triggered.

If a school claims the child is unsafe, the law still applies. Schools cannot use safety as a reason to bypass required procedures. If behavior creates safety concerns, that means the IEP, BIP, staffing, or placement needs to be updated, not that the child should be excluded without due process.

Parents should respond to these calls clearly and calmly. Ask the school: “Is my child being suspended?” If the answer is no, you can respond with: “If you are requesting that I pick up my child, please document the reason in writing and note the time of removal.” Then send your own email logging the early pick up. A simple message works: “Today at ___ time we were asked to pick up our child due to behavior. Please consider this written documentation of the removal.” Keeping your own log is essential for showing a pattern.

If these removals increase, request an IEP meeting to discuss functional behavior assessment needs, updates to the BIP, additional services, or staff training. Undocumented removals are a sign the school does not have the appropriate supports in place. Under 34 C.F.R. § 300.324(a)(2), the IEP team must revise the IEP when the child is not making progress or when behavior interferes with learning.

If the school continues to call you repeatedly without documenting suspensions, you may file a state complaint. Failure to follow IDEA discipline procedures and failure to implement the IEP are clear violations.

Informal removals might seem minor in the moment, but they add up. They disrupt learning, prevent the child from accessing services, and avoid the legal processes designed to protect students with disabilities. You do not have to accept this practice. IDEA is clear: children with disabilities cannot be excluded from school without documentation, services, and procedural protections.

Education Advocates of America supports families through these situations and helps ensure that schools follow the law, provide appropriate supports, and stop the cycle of undocumented removals.