Expulsion of a Student with an IEP Who Has Violated a School Rule of Conduct

Under state and federal special education law, with certain exceptions, a school district can expel a child with an IEP for the same behavior it would expel a student without an IEP.  For a child with an IEP, expulsion is a “change of placement” because it constitutes a significant change in the child’s educational setting (not just a change in classroom or building within the school district) for more than ten days.

Within ten school days of a school district’s decision to expel a child with an IEP, staff from the AEA and school district, the parent, and members of the child’s IEP team must review the child’s IEP, teacher observations, all relevant information in the child’s school file, and any related information provided by the parents, and determine whether the behavior that violated was a direct manifestation of the child’s disability.

1. If the group determines that the conduct was a manifestation of the child’s disability, then the IEP team must perform a functional behavior assessment and develop a behavioral intervention plan for the child. If the child already has a behavior intervention plan, the team must review and modify it, as needed, to address the behavior. With some exceptions, they may decide to return the child to school.

2. If the group determines that the behavior that violated the school code is not a manifestation of the child’s disability, the school may apply the disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures they apply to children without disabilities.

If the behavior for which the child with an IEP was expelled involved threats or incidents of violence, alcohol, weapons, or drugs (or if the group determined the behavior wasn’t a direct manifestation of the child’s disability), during the period of expulsion, the school must provide the child with educational services to allow the child to continue to participate in the general education curriculum in another setting, and to progress toward meeting the goals in the child’s IEP. The child’s IEP team determines the type, location, and amount of those services.