The call comes mid-morning. Your son has been in a fight. The principal says he is being suspended and that someone will send paperwork. You do not know how long it will last, whether he can make up his work, or whether his IEP changes any of this.
Discipline rules for children with IEPs are among the most detailed in the federal regulations, and the stakes feel high. This guide gives a plain-language map of the main ones: the ten-day mark, the manifestation review, special circumstances, and what to do if your child does not have an IEP yet. It is general information, not legal advice. Your state and district codes of conduct add to it, so use this to ask better questions.
The ten-day mark
Section 300.530 lets school staff consider any unique circumstances case by case when deciding whether a change of placement is appropriate for a child with a disability who breaks a code of conduct.
| Situation | What the rule says |
|---|---|
| First 10 school days | Staff may remove a child for up to 10 consecutive school days to an interim alternative setting, another setting, or suspension, to the extent they would do so for children without disabilities |
| Further removals | Additional removals of up to 10 consecutive school days in the same year for separate incidents are allowed, as long as they do not amount to a change of placement |
| Past 10 school days in a year | Services must continue |
| A removal over 10 consecutive school days, or a pattern | This is a change of placement, which triggers the manifestation review |
What counts as a change of placement
Section 300.536 says a removal for more than 10 consecutive school days is a change of placement. A series of removals can also be a change of placement if they form a pattern. A pattern exists when the removals total more than 10 school days in a school year, the child's behavior is substantially similar to the behavior in earlier incidents, and other factors, such as how long each removal was, the total time removed, and how close together they are, point to a pattern. The school decides this case by case, subject to review through due process.
Ask the school to tell you, in writing, how many school days your child has been removed this year.
Services during removal
Under section 300.530(d), after 10 school days of removal in a school year, the school must continue to provide services. For removals beyond 10 days, your child must keep receiving educational services so as to enable progress in the general curriculum, though in another setting, and toward the goals in the IEP. The child also gets, as appropriate, a functional behavioral assessment and behavioral interventions designed to keep the behavior from happening again. For a change of placement, the IEP team decides the services. For other removals beyond 10 days, school staff, together with at least one of the child's teachers, decide the extent of the services needed.
For removals of 10 school days or fewer, services are required only if children without disabilities who are removed in the same way also receive them.
The manifestation determination
If the school decides to change your child's placement because of a code violation, then within 10 school days of that decision the school, you, and relevant members of the IEP team must review all relevant information in the file, including the IEP, teacher observations, and information you provide. They ask two questions.
- Was the conduct caused by, or did it have a direct and substantial relationship to, your child's disability?
- Was the conduct the direct result of the school's failure to implement the IEP?
If the answer to either is yes, the conduct is a manifestation of the disability. If the answer to the second is yes, the school must take immediate steps to fix the deficiencies.
If the behavior is a manifestation
The IEP team must either conduct a functional behavioral assessment, unless one was done before, and put a behavioral intervention plan in place, or, if a plan already exists, review it and change it as needed to address the behavior. Your child generally returns to the placement from which he was removed, unless you and the school agree to a different placement as part of changing the plan, and subject to the special circumstances below.
If the behavior is not a manifestation
The school may apply the same discipline it would for a child without a disability, but it must still provide the services described above after the tenth day.
Special circumstances
Whatever the manifestation finding, section 300.530(g) lets school staff move a child to an interim alternative setting for up to 45 school days if the child:
- carries or possesses a weapon at school, on school premises, or at a school function;
- knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, at school or a school function; or
- inflicts serious bodily injury on another person at school or at a school function.
The rule defines these terms and sets other conditions, so ask the school which one it believes applies.
Notice to parents
On the day the school decides on a removal that is a change of placement, it must notify you and give you the procedural safeguards notice. See procedural safeguards notice explained. Ask for the decision and its reasons in writing. A change in placement or services should also be accompanied by written notice, as described in what is prior written notice.
If your child does not have an IEP yet
Section 300.534 says a child who has not been found eligible can still use these protections if the school had knowledge that the child was a child with a disability before the behavior occurred. The school is considered to have that knowledge if, before the behavior:
- you expressed concern in writing to supervisory or administrative staff, or to a teacher, that your child needs special education and related services;
- you asked for an evaluation; or
- a teacher or other staff member expressed specific concerns about a pattern of behavior directly to the special education director or another supervisor.
The school is not deemed to have knowledge if you refused an evaluation or services, or if your child was evaluated and found not to have a disability. If the school had no basis of knowledge, your child can be disciplined like other children. And if you ask for an evaluation during a disciplinary period, it must be done in an expedited way, while your child stays in the placement the school has chosen, which may include suspension or expulsion without educational services.
This is one more reason to put concerns in writing early. See child find: who can ask for an evaluation.
If you disagree
Disputes about discipline can go through the due process hearing system. Section 300.511 refers to hearings under section 300.532, which is the rule for appeals of discipline decisions, in addition to ordinary due process complaints. Your state may also use mediation or a state complaint. See mediation, due process, and state complaints compared. Time limits can be short, so read the notice you receive as soon as it arrives.
What to do this week
Discipline mix-ups
- Counting only suspensions. Other removals can count toward the ten days.
- Missing the ten-day services rule. After day ten, services must continue.
- Waiting to put concerns in writing. A written request or concern can establish the school's knowledge.
- Signing a placement agreement under pressure. Ask for time and a copy.
Terms are in the glossary.