What to Do When Your Child With an IEP Is Suspended or Facing Expulsion

Getting a call that your child has been suspended — or that the school is pursuing expulsion — is one of the most frightening moments a parent can face. When your child has an IEP or 504 Plan, the situation is even more complex. But it also comes with significant legal protections that most parents do not know exist.

If you are in this situation right now, this post is your immediate guide.

---

The Core Protection: Manifestation Determination

Before a school can remove a student with a disability for more than 10 school days, federal law requires a Manifestation Determination Review (MDR). This is a meeting where the IEP team — including you — must answer two questions:

1. Was the behavior caused by, or did it have a direct and substantial relationship to, the child's disability?
2. Was the behavior a direct result of the school's failure to implement the IEP?

If the answer to either question is yes, the behavior is considered a manifestation of the disability. The school cannot expel your child for it, and cannot proceed with a long-term removal. They must instead address the behavior through the IEP process.

This is one of the most powerful protections in special education law, and schools are required to follow it.

---

The 10-Day Rule

Schools can suspend any student — with or without a disability — for up to 10 school days in a school year without triggering special education protections. During a short-term suspension of 10 days or fewer, the school does not have to provide educational services (though some states require otherwise — check your state's rules).

Once a suspension exceeds 10 school days — either in a single removal or through a pattern of shorter removals that adds up to more than 10 days — the school must:

• Continue providing educational services that allow your child to progress in the general curriculum and toward IEP goals
• Conduct a Functional Behavioral Assessment (FBA) if one has not already been done
• Develop or review a Behavioral Intervention Plan (BIP)
• Hold a Manifestation Determination Review within 10 school days of the decision to remove

Track the number of days your child has been suspended this school year. If it is approaching 10, the clock matters.

---

What Happens at the Manifestation Determination Meeting

You have the right to attend and participate in the MDR meeting. Come prepared.

Bring documentation that connects your child's behavior to their disability. This might include:

• Evaluation reports and eligibility documentation
• Medical or psychological records that explain the behavior
• Notes or communications showing the school was aware of the connection
• Evidence that the IEP was not being implemented as written

If the team finds the behavior was a manifestation, the school must:

• Return your child to their current placement (unless you and the school agree to a change)
• Conduct or review the FBA and BIP
• Address what needs to change in the IEP

If the team finds the behavior was not a manifestation — meaning they claim it had no relationship to the disability — the school may proceed with normal disciplinary procedures. You have the right to appeal that finding through a due process hearing. If you believe the finding was wrong, do not accept it without challenging it.

---

Interim Alternative Educational Settings

Even when a manifestation is found, there are three situations where a school can remove a child with a disability to an Interim Alternative Educational Setting (IAES) for up to 45 school days without your consent:

1. The child carried a weapon to school or a school function
2. The child knowingly possessed, used, or sold illegal drugs at school
3. The child inflicted serious bodily injury on another person at school

During an IAES placement, the school must still provide services that allow your child to progress in the curriculum and continue working toward IEP goals.

---

What to Do Right Now

1. Request the MDR meeting in writing immediately. Do not wait for the school to schedule it. Send a written request the same day you learn about the suspension or expulsion. Federal law requires the meeting within 10 school days of the disciplinary decision.

2. Request a copy of the current IEP. Review it before the meeting. Check whether the school has been implementing every service and support as written. If they have not, that is a direct argument for manifestation.

3. Ask for the incident report in writing. You are entitled to the documentation the school used to make its disciplinary decision.

4. Contact a special education advocate or attorney. Manifestation determinations are high-stakes. If expulsion is on the table, this is the time to get professional help. Your state's Parent Training and Information Center (PTI) can connect you with free advocacy resources.

5. Do not sign anything at the meeting without reading it carefully. Schools sometimes ask parents to sign placement change documents or consent forms at MDR meetings. You are not required to sign on the spot. Take time to review.

---

Zero Tolerance Policies Do Not Override Federal Law

Many school districts have zero tolerance policies for certain behaviors — weapons, drugs, fighting. These policies are real. But they do not override IDEA. A school cannot expel a child with an IEP by simply pointing to a zero tolerance policy and skipping the manifestation determination process.

If a school tells you their hands are tied because of policy, that is not legally accurate. The MDR process is required by federal law, and federal law supersedes district policy.

---

Preventing the Next Crisis

Once an incident has occurred, the most important thing you can do is make sure the IEP addresses behavior proactively before another one happens.

If your child's IEP does not include a Functional Behavioral Assessment and Behavior Intervention Plan, request one in writing now — not after the next incident. An FBA identifies the function of the behavior (what your child is communicating or seeking through the behavior), and the BIP builds a plan to address it in a way that is supportive rather than punitive.

Schools are required to conduct an FBA when behavior is a concern. Do not wait to be asked.

---

Protect Your Child's Right to Stay in School

Suspension and expulsion hit children with disabilities harder than their peers — and they often signal a breakdown in the support system, not a character flaw in the child. The law gives you tools to push back. Use them.

The IEP Template & Guide Pack includes documentation tools and scripts to help you prepare for any IEP meeting — including manifestation determinations — so you walk in knowing exactly what to say and what to ask for.

The School Appeal Letter Templates give you professionally written letters to appeal disciplinary decisions, request MDR meetings, and formally challenge manifestation findings you disagree with.

You have more power in this situation than the school may want you to know. Use it.

See all resources at Special Clarity →

---

The information in this post is for general educational purposes only and does not constitute legal advice. Special education disciplinary procedures vary by state. If your child is facing expulsion, consult your state's Parent Training and Information Center (PTI) or a qualified special education attorney immediately.