Discipline Rights for Students with Disabilities

 Discipline Rights for Students with Disabilities

What Parents Need to Know

Students with disabilities have additional protections under the Individuals with Disabilities Education Act (IDEA) when discipline occurs.

Key Discipline Protections

1. 10-Day Rule

  • A school may suspend or remove a student with a disability for up to 10 school days in a school year (like any student).
  • After 10 cumulative days, special rules apply.

    2. Continued Educational Services

After the 10th day of removal, the school must continue providing educational services so your child can:
Participate in the general curriculum
Make progress toward IEP goals

3. Manifestation Determination Review (MDR) Meeting

A Manifestation Determination protects students with disabilities from being punished for behavior that is linked to their disability or unmet support needs.

A Manifestation Determination must occur when the school proposes:

  • Removal for more than 10 consecutive school days, or
  • A pattern of removals that total more than 10 school days

What the IEP team decides:

The team answers two questions:

  1. Was the behavior caused by, or directly related to, the child’s disability?
  2. Was the behavior the result of the school’s failure to implement the IEP?

4. If the Behavior IS a Manifestation

The school cannot apply standard discipline.

  • The school must:
    Conduct or review a Functional Behavioral Assessment (FBA)
    Create or update a Behavior Intervention Plan (BIP)
  • The student returns to their placement (with limited safety exceptions).

5. If the Behavior Is NOT a Manifestation

  • The school may apply standard discipline.
  • Educational services must continue after day 10.

6. Special Circumstances (45-Day Removal)

Schools may remove a student to an Interim Alternative Educational Setting (IAES) for up to 45 school days if the incident involves:

  • A weapon
  • Illegal drugs
  • Serious bodily injury

Educational services must still be provided.

Parent Rights

You are a required member of discipline decisions.

You may bring an advocate or support person to meetings.

You must receive prior written notice of discipline decisions.

You may disagree and request:

  • Mediation
  • A state complaint
  • A due process hearing

Important Reminders

  • Discipline does not remove your child’s right to special education.
  • Schools must follow the IEP and BIP at all times.
  • Keep records of suspensions, notices, and communication.
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