Parents often ask whether a child with an Individualized Education Program (IEP) can be suspended from school...
The answer is yes—but the Individuals with Disabilities Education Act (IDEA) provides important legal protections that limit how schools may discipline students with disabilities.</b>
If your child has an IEP, federal law restricts when a school district can remove them from their educational placement and requires specific procedures before long-term disciplinary changes can occur. These protections may also apply to students who have not yet been found eligible for special education if the school knew or should have known the child had a disability.
This guide explains the IDEA discipline rules, the 10-day suspension rule, manifestation determination reviews, and the rights parents should understand when their child faces school discipline.
1. Discipline Protections for Students with IEPs
Students with IEPs may be removed from their current educational placement for up to 10 school days during a school year for violations of the school’s code of conduct. (34 C.F.R. § 300.530(b)). These removals may occur as one suspension or as multiple shorter removals throughout the year.
Importantly, a removal includes more than a formal suspension.
A removal may include:
Out-of-school suspensions
Partial-day removals when a student is sent home early for disciplinary reasons
In-school suspensions if the student cannot access the general education curriculum, continue progressing toward IEP goals, or receive the services required by the IEP
Whether discipline counts toward the 10-day limit depends on whether the student is excluded from their educational placement—not how the school labels the discipline.
2. What Happens After 10 Days of Suspension Under IDEA?
Once disciplinary removals exceed 10 school days in a school year, the removals may constitute a change of placement under IDEA. (34 C.F.R. § 300.536).
When a disciplinary change of placement occurs, the school district must conduct a Manifestation Determination Review (MDR) within 10 school days of the decision to change placement.
What Is a Manifestation Determination Review (MDR)?
A Manifestation Determination Review is a meeting held to determine whether the student’s conduct was connected to the student’s disability.
The IEP team must determine whether:
- the conduct was caused by, or had a direct and substantial relationship to, the student’s disability; or
- the conduct was the direct result of the district’s failure to implement the student’s IEP. (34 C.F.R. § 300.530(e)(1)).
If the answer to either question is yes, the behavior is considered a manifestation of the student’s disability.
In that situation:
- the student generally must return to their previous educational placement unless the parent and district agree otherwise;
- the district must conduct a Functional Behavioral Assessment (FBA), if appropriate; and
- the district must develop or revise a Behavior Intervention Plan (BIP) to address the student’s behavior.
(34 C.F.R. § 300.530(f)).
If the conduct is not a manifestation of the disability, the district may impose the same disciplinary consequences that would apply to a student without a disability. (34 C.F.R. § 300.530(c)).
However, even then, IDEA requires the district to continue providing educational services so the student can participate in the general education curriculum and continue making progress toward IEP goals. (34 C.F.R. § 300.530(d)).
Special Circumstances: Weapons, Drugs, and Serious Bodily Injury
IDEA contains limited exceptions that allow a school district to remove a student to an interim alternative educational setting for up to 45 school days, regardless of whether the conduct is a manifestation of the student’s disability.
These exceptions apply when the student:
- possesses or carries a weapon at school;
- knowingly possesses or uses illegal drugs at school; or
- inflicts serious bodily injury on another person at school.
(34 C.F.R. § 300.530(g)).
Even during this removal, the student remains entitled to educational services.
3. Can IDEA Discipline Protections Apply Without an IEP?
Yes.
Students who have not yet been determined eligible for special education may still receive IDEA discipline protections if the school district had knowledge that the child may have a disability before the behavior occurred. (34 C.F.R. § 300.534(a)).
A district is considered to have knowledge if:
- a parent expressed concerns in writing that the child may need special education;
- a parent requested a special education evaluation; or
- a teacher or other school personnel reported specific concerns regarding a pattern of behavior to supervisory personnel.
(34 C.F.R. § 300.534(b)).
When these circumstances exist, the student may receive the same discipline protections available to students with IEPs.
Expedited Evaluations After School Discipline
If a student who has not yet been identified as having a disability is subject to disciplinary action and a parent requests an evaluation, the district must conduct an expedited evaluation. (34 C.F.R. § 300.534(d)).
While the evaluation is pending, the student remains in the placement determined by school officials.
If the student is found eligible for special education, IDEA protections apply moving forward.
Frequently Asked Questions
Can a student with an IEP be suspended?
Yes. Students with IEPs may be suspended, but IDEA limits how long they may be removed from their educational placement before additional legal protections apply.
What is the IDEA 10-day suspension rule?
A student with an IEP generally may be removed for up to 10 school days during a school year before the removals may constitute a disciplinary change of placement requiring additional procedural protections.
What is a manifestation determination?
A manifestation determination is a meeting where the IEP team decides whether the student’s behavior was caused by, or substantially related to, the student’s disability or resulted from the school’s failure to implement the IEP.
Does an in-school suspension count toward the 10-day limit?
It can. If the student is prevented from participating in the general education curriculum, progressing toward IEP goals, or receiving required IEP services, the in-school suspension may count as a disciplinary removal.
Can a child without an IEP receive IDEA discipline protections?
Yes. IDEA protections may apply if the school knew or should have known the student had a disability before the disciplinary incident occurred.
Conclusion
School discipline can significantly affect a student’s education, but IDEA provides important safeguards for students with disabilities. School districts must follow specific procedures before imposing long-term disciplinary removals and must continue providing educational services in many circumstances.
Parents who understand these protections are better equipped to advocate for their children and ensure school districts comply with federal law.
Contact an IDEA Attorney
If your child has been suspended, expelled, or removed from school and you believe the school district failed to follow IDEA’s discipline protections, legal assistance may help protect your child’s educational rights.
Contact our office today to discuss your child’s situation and learn how we can help safeguard your child’s right to a free appropriate public education.
