Understanding Suspension for Children with an IEP

Can a child with an Individualized Education Program (IEP) be suspended? The answer is yes, but with specific regulations that govern the process. The Individuals with Disabilities Education Act (IDEA) outlines certain procedures to ensure that students with disabilities are treated fairly. This article explores the conditions under which a child with an IEP can be suspended, the necessary procedures, and the protections in place.

Short-Term Suspensions

When a child with an IEP is suspended for less than 10 days, the mere presence of an IEP does not preclude the suspension. However, the school must follow the IEP and ensure that the behavior leading to suspension is not a manifestation of the child's disability. Each suspension must be reviewed to confirm that the IEP was being properly followed. If the suspension is deemed to be related to the child's disability, alternate measures to address the behavior must be employed.

Long-Term Suspensions or Expulsions

For suspensions exceeding 10 days, a more comprehensive review is required. A Manifestation Determination Review (MDR) is conducted to determine whether the behavior that led to the disciplinary action was caused by or had a direct and substantial relationship to the child's disability. If the MDR determines that the behavior was a manifestation of the child's disability, the school cannot proceed with the suspension or expulsion. Instead, the focus shifts to developing appropriate behavioral interventions and supports as part of the IEP.

Behavioral Interventions

Schools are required to provide behavioral interventions and supports as part of the IEP to address any behaviors that may lead to disciplinary actions. These interventions are designed to prevent future occurrences of the problematic behavior and to ensure that the child remains in the Least Restrictive Environment (LRE). The goal is to support the child's educational needs while maintaining a safe learning environment for all students.

Manifestation Determination Hearings (MDR)

If a violation of a behavioral intervention has occurred, it is possible to have a Manifestation Determination Hearing/Review (MDR). During this hearing, the decision is made as to whether the violation was a manifestation of the child's disability and if the school was following the IEP. The outcome of the MDR determines the appropriate course of action. This hearing is covered under the Individuals with Disabilities Education Act (IDEA), Section 2004, 20 USCS §1415, Section E.

These procedures ensure that children with an IEP are not unfairly targeted for suspension, and that the unique needs of these students are taken into account. The protections and procedures are designed to maintain educational equity and support for students with disabilities.