The question of whether a student with an Individualized Education Program (IEP) can be suspended hinges on federal special education law. Under the Individuals with Disabilities Education Act (IDEA), schools must ensure a free appropriate public education (FAPE) while addressing disciplinary issues. This article explains when suspension is allowed, how long it can last, and the steps districts must take to protect a student’s rights during disciplinary actions.
Understanding IEPs And Discipline
An IEP is a written plan that outlines a student’s unique learning needs and the services a school will provide. When behavior becomes an issue, IDEA requires that the school assess whether the behavior is a manifestation of the student’s disability and whether the current placement or supports are appropriate. This process is known as a Manifestation Determination Review (MDR). If behavior is linked to the disability, discipline decisions must be evaluated in light of the student’s IEP and related services.
Short-Term Removals: Up To Ten Consecutive School Days
Hospitable to safety and normal learning, schools may remove a student with an IEP from the classroom for up to 10 consecutive school days for violations of school rules. These removals do not constitute a change in the student’s placement and do not require an MDR, provided the removals are not accompanied by a series of removals that total more than ten school days in a single school year.
What counts as a change in placement?
A change in placement occurs when the removal is likely to result in a significant change in the student’s educational setting, such as moving to a more restrictive environment or extending the removal beyond 10 days. Even if a removal lasts fewer than 10 days, repeated removals that constitute a pattern can trigger additional procedures and an MDR.
Disciplinary Removals Beyond Ten Days: Change of Placement And MDR
If a student is removed from the current placement for more than 10 consecutive school days, the removal is considered a change of placement unless the IEP team determines the behavior is not a manifestation of the disability. In such cases, the district must conduct a Manifestation Determination Review to decide whether the behavior is linked to the disability and whether the IEP or placement adjustments are needed.
When a change of placement is required
Any removal beyond 10 days in a school year typically requires a change of placement decision, and the IEP team must hold a determination meeting. The team can propose modifications to the IEP, such as increased supports, a behavior intervention plan (BIP), or a different placement that still provides FAPE.
Manifestation Determination Review: Key Steps
The MDR must be completed within 10 school days of any decision to change the student’s placement due to a disciplinary issue. The MDR asks two core questions: (1) Was the conduct in question caused by, or did it have a direct and substantial relationship to, the student’s disability? (2) Was the conduct a 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, and the IEP team must return the student to the placement prior to the disciplinary action, with appropriate IEP modifications and services.
When A Behavior Is A Manifestation Of The Disability
If the MDR determines that the behavior is a manifestation of the student’s disability, the district must take steps to address the behavior within the IEP framework. Options include:
- Reviewing and updating the IEP goals and services.
- Developing or revising a Behavior Intervention Plan (BIP) to teach and reinforce replacement behaviors.
- Providing additional supports in the current placement to prevent future incidents.
- If appropriate, offering a different placement that still provides FAPE, but only with careful consideration and parental consent.
When A Behavior Is Not A Manifestation Of The Disability
If the MDR determines the behavior is not related to the disability, the student can be disciplined to the same extent as a student without a disability. However, the school must still ensure the IEP continues to be implemented and that the student continues to receive a FAPE, which may involve continuing special education services in a different setting if needed.
Criminal Conduct Or School Safety And Suspension
When a student’s conduct involves criminal activity, schools may involve law enforcement as appropriate. Disciplinary actions related to criminal conduct may follow separate procedures, but IDEA still requires a focus on the student’s IEP and ensuring access to FAPE. The school should document the relationship between the conduct and the disability when relevant and consider how supports could be adjusted to prevent future incidents.
Short-Term And Long-Term Planning For Disciplinary Situations
Proactive planning helps minimize disruption to education. Schools should:
- Use positive behavioral supports and implement evidence-based BIPs.
- Ensure staff are trained to implement classroom-based interventions quickly and consistently.
- Involve parents early in the process and provide clear communication about disciplinary actions and IEP adjustments.
- Document all steps, meetings, and decisions, including MDR outcomes and any changes to placement or services.
Rights And Protections For Parents And Students
Parents have the right to participate in MDRs, IEP meetings, and decisions about placement and services. If a parent disagrees with a district’s disciplinary approach, they can request a due process hearing or file a complaint with the state Education Agency. It is essential to review the IEP and the district’s disciplinary policies and to seek guidance from advocacy organizations or legal counsel when needed.
Practical Steps For Families Facing Suspension
If a student with an IEP faces suspension, consider these steps:
- Request a copy of the school’s disciplinary policy and the IEP, including any BIP, and review them with the IEP team.
- Ask for a Manifestation Determination Review within the required 10 school days of a disciplinary decision.
- Document all incidents, communications, and decisions, including dates and participants in meetings.
- Prepare for MDR by noting how the behavior relates to the disability and any gaps in services or supports.
- Consider requesting additional supports or accommodations, such as in-school suspension options that maintain access to instruction.
Conclusion
Yes, a student with an IEP can be suspended in certain circumstances, but the process is governed by IDEA to protect the student’s right to FAPE. Short-term removals are allowed, but longer removals trigger a change of placement and an MDR to assess whether the behavior is related to the disability. When a manifestation is found, the IEP team must adjust supports and services accordingly to prevent future incidents while maintaining access to education. Parents and schools should collaborate closely to ensure a safe, effective, and legally compliant path forward.