Suspension, Expulsion, Discipline & Behavior

School personnel may consider any unique circumstances on a case-by-case basis for children eligible for special education who violate a code of student conduct. School personnel have the authority to suspend a child with a disability for not more than 10 school days without services. If the suspension exceeds 10 days, a manifestation determination meeting must occur. If the behavior that gave rise to the violation of school code is determined not to be a manifestation of the child’s disability, the school may apply the relevant disciplinary procedures to children with disabilities in the same manner and duration as the procedures would be applied to children without disabilities. Children must however continue to receive educational services and receive, as appropriate, a functional behavior assessment and behavioral intervention services. If the conduct is determined to be a manifestation of the child’s disability, the IEP team must either conduct a functional behavior assessment, or if a behavior plan has already been developed, review the behavioral intervention plan and modify it if necessary; and return the child to the placement from which the child was removed.

Special circumstances: School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, if the child (1) carries a weapon to school, (2) knowingly possesses, or uses illegal drugs, or sells or solicits the sale of a controlled substance on school premises, or (3) has inflicted serious bodily injury upon another person on school premises.

The parent of a child with a disability, who disagrees with any decision regarding placement or the manifestation determination, may request a hearing.

Functional behavior assessments and positive interventions

Questions and answers on discipline procedures