School Suspensions and Disability Rights: What Parents of Children with IEPs and 504 Plans Need to Know

When a child with a disability faces school suspension, the situation involves more than standard discipline procedures. Federal law provides specific protections for students with IEPs and 504 Plans, and Missouri parents have important rights in these situations. Understanding those rights can make a significant difference in how a discipline situation is handled.

Under the Individuals with Disabilities Education Act, a school may suspend a student with a disability for up to 10 school days in a school year without triggering additional protections. These short-term suspensions are treated similarly to how they would be for students without disabilities.

However, once a student with a disability has been suspended for more than 10 school days in a school year, or when a suspension constitutes a change of placement, additional requirements apply.

A change of placement occurs when a student is removed from their educational setting for more than 10 consecutive school days, or when a series of shorter removals totals more than 10 school days and forms a pattern. Factors that indicate a pattern include the length of each removal, the total amount of time removed, and the proximity of the removals to each other.

When a change of placement is triggered, the school must conduct a manifestation determination review.

A manifestation determination review is a meeting held within 10 school days of a decision to change a student's placement due to a violation of the school's code of conduct. The purpose is to determine whether the behavior that led to the discipline was caused by or had a direct and substantial relationship to the student's disability, or whether it was the direct result of the school's failure to implement the IEP.

If the team determines that the behavior was a manifestation of the disability, the school cannot proceed with the disciplinary change of placement. Instead, the team must conduct a functional behavioral assessment, develop or revise a behavioral intervention plan, and return the student to their placement unless the parent and school agree to a change.

If the behavior is not found to be a manifestation of the disability, the school may apply the same disciplinary procedures it would apply to students without disabilities, but the student must continue to receive educational services.

There are three situations in which a school may remove a student with a disability to an alternative educational setting for up to 45 school days, regardless of whether the behavior is a manifestation of the disability. These involve weapons, illegal drugs, and serious bodily injury. Even in these cases, the student must continue to receive educational services.

Students with disabilities who are suspended for more than 10 school days must continue to receive educational services that allow them to participate in the general education curriculum and progress toward their IEP goals. The school must determine how to provide those services.

If your child with a disability faces suspension, you have the right to receive written notice of the disciplinary action, to participate in the manifestation determination review, to request an expedited due process hearing if you disagree with the manifestation determination or the placement decision, and to have your child continue receiving educational services during the dispute resolution process.

Gateway Educational Advocacy helps families in the St. Louis region navigate school discipline situations involving children with disabilities. If your child has been suspended or faces a change of placement, we can help you understand your rights and prepare for a manifestation determination review. Our services are provided at no cost. This article provides educational information, not legal advice.