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Student Project: Individualized Education Programs: School Discipline

This guide provides a collection of freely available web resources (as well as resources available through Westlaw and Lexis) that cover various areas of Individualized Education Programs, including eligibility and evaluation, the program creation process

Students with IEPs

34 CFR § 300.530

Special procedures must be followed when a school disciplines a student with an IEP. Students with active IEPs can only be suspended for up to 10 days before the school must hold a "manifestation determination" meeting to decide if the problem behavior is related to or the result of the student's disability. Additionally, whether or not it is determined that the act was a manifestation of the student's disability, the student may only be removed from their current placement for up to 45 days for specified reasons. 

If it is found that the behavior was a manifestation of the students disability, the child cannot be removed from school. Instead the IEP team must conduct a functional behavioral assessment and implement a behavioral plan or modify the existing behavioral plan.  

Students Not Yet Receiving Special Education Services

20 USC § 1415(k)

Students who are suspected to have a disability are given some additional protections as well, if the school had prior knowledge. However, parents may request for the child to be evaluated at any time. If the request is made during the time the child is being disciplined, the evaluation must be done in an expedited manner. 

Resources

The Plaintiff child sued the Defendants challenging his expulsion from school. The court found that since the Defendant School had accepted federal funds and was, therefore, prohibited from expelling the Plaintiff child for an infraction that was cause by his diability. 

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