Discipline and IEP Rights

Why Discipline Protections Matter

Students with disabilities are suspended and expelled at significantly higher rates than their non-disabled peers. Many of these disciplinary actions are for behaviors directly related to the child's disability. Federal law recognizes this inequity and provides specific protections to prevent schools from punishing children for behaviors caused by their disabilities.

Under IDEA, students with IEPs have important rights when it comes to school discipline. These protections do not mean a child with a disability can never be disciplined, but they do mean the school must follow specific procedures and consider the relationship between the behavior and the disability.

Short-Term Removals (10 Days or Fewer)

Schools can remove a student with an IEP from their current placement for up to 10 consecutive school days for a disciplinary violation, just as they would for any student without a disability. During these short-term removals:

No special procedures are required (no manifestation determination needed)
The school does not need to provide educational services during the first 10 days of removal in a school year
However, schools should track cumulative days of removal throughout the year

Important: Multiple short-term suspensions can add up. If a student is removed for more than 10 cumulative school days in a school year, and the removals constitute a "pattern," it may be considered a change of placement, triggering the full set of discipline protections described below.

What Constitutes a "Pattern"?

The school must consider whether a series of removals constitutes a pattern by looking at:

Whether the behavior is substantially similar to behavior in previous incidents
The length of each removal
The total amount of time the child has been removed
The proximity of the removals to each other

The Manifestation Determination Review (MDR)

What It Is

A manifestation determination review is a meeting that must be held within 10 school days of any decision to change the placement of a child with a disability for disciplinary reasons. This includes any suspension or expulsion of more than 10 consecutive days, or a pattern of shorter removals that constitutes a change of placement.

Who Participates

The parent
Relevant members of the IEP team (as determined by the parent and the school)
The school district representative

What the Team Must Determine

The MDR team reviews all relevant information and must answer two questions:

Was the behavior caused by, or did it have a direct and substantial relationship to, the child's disability?
Was the behavior the direct result of the school's failure to implement the IEP?

If the answer to either question is yes, the behavior is a manifestation of the disability.

If the Behavior IS a Manifestation

The school cannot suspend or expel the student for that behavior (with limited exceptions listed below)
The child must be returned to the placement from which they were removed, unless the parent and school agree to a change
If the child does not already have a Functional Behavioral Assessment (FBA), one must be conducted
If the child already has a Behavior Intervention Plan (BIP), it must be reviewed and modified to address the behavior
If there is no BIP, one must be developed

If the Behavior Is NOT a Manifestation

The school may apply the same disciplinary consequences as it would for a non-disabled student (including long-term suspension or expulsion)
However, the school must continue to provide educational services. Even if a student with an IEP is expelled, they are entitled to continue receiving a free appropriate public education (FAPE). This is a critical difference from non-disabled students, who may lose access to education entirely during an expulsion.
The IEP team determines what services are necessary to enable the child to continue to participate in the general curriculum and progress toward IEP goals
The school must also conduct an FBA and provide behavioral intervention services as appropriate

Special Circumstances: When Schools Can Remove a Student Regardless

There are three specific situations where a school can remove a student to an interim alternative educational setting (IAES) for up to 45 school days, regardless of whether the behavior is a manifestation of the disability:

Weapons: The student carries or possesses a weapon at school, on school premises, or at a school function
Drugs: The student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, at school, on school premises, or at a school function
Serious bodily injury: The student inflicts serious bodily injury on another person while at school, on school premises, or at a school function

"Serious bodily injury" has a specific legal definition under federal law: it means a bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

Even in these special circumstances:

A manifestation determination must still be conducted
The student must still receive educational services in the alternative setting
An FBA must be conducted and a BIP developed or revised
The placement in the IAES is temporary (up to 45 school days)

Stay-Put Rights (Pendency)

If you disagree with the manifestation determination or the proposed placement change and file for due process, your child has the right to "stay put" in their current educational placement until the dispute is resolved. This is one of the most powerful protections in IDEA.

Stay-put applies to the placement the child was in before the disciplinary action
The school cannot move the child to a different setting while the dispute is pending
The only exception is for the special circumstances above (weapons, drugs, serious bodily injury), where the child stays in the interim alternative setting during the appeal
If the school is the one requesting a change of placement through due process (because they believe the child is dangerous), a hearing officer can order a change to an interim alternative setting for up to 45 school days

Protections for Students Not Yet Eligible for Special Education

In some cases, a student who has not yet been found eligible for special education may still be entitled to IDEA discipline protections. This applies if the school had "knowledge" that the child had a disability before the behavior occurred. The school is deemed to have knowledge if:

The parent expressed concern in writing that the child needs special education (to supervisory personnel or a teacher)
The parent requested an evaluation for special education
A teacher or other school personnel expressed specific concerns about a pattern of behavior to the director of special education or supervisory personnel

If the school had knowledge, the child is entitled to all IDEA discipline protections. If the school did not have knowledge, the child may be disciplined the same as any non-disabled student. However, if the parent requests an evaluation during the disciplinary period, the school must conduct an expedited evaluation.

What Parents Should Do

If Your Child Faces Suspension or Expulsion

Act immediately. You have limited time to exercise your rights. The manifestation determination must happen within 10 school days.
Attend the manifestation determination meeting. Your presence is critical. Bring anyone who can provide relevant information about your child's disability and behavior.
Bring documentation. Bring the IEP, BIP, evaluation reports, and any evidence showing the relationship between the behavior and the disability.
Ask questions. What information did the team review? What was the basis for the decision? Were all relevant evaluations and records considered?
Disagree in writing. If you disagree with the manifestation determination, put it in writing immediately and request a due process hearing.
Request an expedited hearing. When you disagree with a manifestation determination or placement decision, you have the right to an expedited due process hearing, which must be held within 20 school days of the request.
Contact your state's Protection and Advocacy organization for free legal assistance.

Proactive Steps to Prevent Discipline Issues

Request a Functional Behavioral Assessment (FBA) if your child is exhibiting challenging behavior, even before disciplinary action occurs
Make sure your child has a strong Behavior Intervention Plan (BIP) that addresses the functions of the behavior with positive strategies
Ensure the IEP addresses behavioral needs. Behavioral goals, counseling services, and social skills instruction should be included if appropriate.
Monitor implementation. If the school is not following the BIP or providing behavioral supports, document it and raise the issue immediately.
Communicate regularly with teachers. Early intervention is much more effective than crisis management.
Know your child's triggers. Share information with the school about what causes challenging behavior and what strategies work at home.