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Find answers to frequently asked questions (FAQs) about discipline issues. Just click on a question below to reveal the answer associated with it.

How long can the school suspend my child?

What is a manifestation determination review (MDR) and why is it important?

What can the school do if my child brings drugs or a weapon to school, or if my child seriously injures someone at school? And when can the school place my child in an Interim Alternative Education Setting (IAES)?

What will happen at my child’s expulsion hearing and how can I prepare for it?

What happens if my child is expelled?

What if my child has a disability?

Can the school call the police, and what other discipline can be used on my child?

If my child does not have an IEP, can the special education laws (IDEA) help keep my child from being expelled?

 

How long can the school suspend my child?

Here are the rules on suspension:

  • The school may suspend a student for up to 10 school days for violations of the school’s discipline code.
  • The school normally cannot suspend your child for more than 10 school days in a row without having a meeting called a manifestation determination review (MDR). See information below.
  • The school also must hold a review if it has suspended your child for more than 10 school days during the school year for similar behavior problems.
  • The only time a school can immediately suspend your child for more than 10 days without holding an MDR is when your child:
    • Brings drugs to school
    • Brings a weapon to school
    • Causes serious bodily injury to someone at school

What is a manifestation determination review (MDR) and why is it important?

Here are the facts about an MDR:

  • The school cannot expel your child without first holding an MDR.
  • An MDR is a meeting the school calls if it wants to suspend or expel your child for more than 10 school days.
  • It must be held within 10 school days of the incident.
  • The IEP team decides whether your child’s behavior is a “manifestation” of a disability.
  • Your child’s behavior is a manifestation of a disability if it falls under one of these categories:
    • Substantially related to the disability
    • Caused by the disability
    • A direct result of the school’s not following your child’s individualized education program
  • If your child’s behavior is a manifestation of a disability, the school cannot expel your child.
  • If the IEP team decides that your child’s behavior is a manifestation of a disability, it must complete a Functional Behavior Analysis (FBA) or review your child’s existing FBA. The IEP team must do one of the following:
    • Create a Behavior Intervention Plan (BIP) to address the behavior discussed at the meeting
    • Changes to your child’s existing behavior plan so the school can provide support to address the behavior
    • If the IEP team decides that your child’s behavior is not a manifestation of his or her disability and you do not agree, you can file for an expedited due process hearing. If you want to do this, you should contact the clinic’s Helpline at 866-KIDS-046 (866-543-7046).

 

What can the school do if my child brings drugs or a weapon to school, or if my child seriously injures someone at school? And when can the school place my child in an Interim Alternative Education Setting (IAES)?

Your child may be immediately removed to another school setting, without regard to whether your child’s behavior is a manifestation of his or her disability, when he or she:

  • Seriously injures someone at school
  • Brings a weapon to school or to a school function
  • Possesses or uses illegal drugs, or sells or solicits the sale of these drugs at school

These are the facts about Interim Alternative Education Settings (IAES):

  • The school may place your child in an IAES for up to 45 days.
  • The IEP team determines the interim setting.
  • A common example of an IAES is an alternative school.
  • After the 45 school days are up, your child goes back to the previous school, unless the school district takes legal action to keep your child out.

What will happen at my child’s expulsion hearing and how can I prepare for it?

At the hearing:

  • The school will give reasons for the expulsion and the date the expulsion will start.
  • You have several rights at the expulsion hearing:
    • Having an attorney or advocate represent you.
    • Having witnesses tell why your child should not be expelled, presenting evidence and cross-examining the school’s witnesses.
    • Giving the reasons your child should not be expelled.
    • If you believe there has been a mistake and your child is innocent, your child can tell his or her “side of the story.”
  • Even if your child misbehaved, you may argue that he or she shouldn’t be expelled because:
    • The act of misconduct was not bad enough to deserve expulsion
    • This is the first instance of serious misconduct
    • The behavior did not disrupt the education of the other students
    • Expulsion is not in the best interest of your child

If the school district decides to expel your child after the expulsion hearing, you may appeal the decision by going to state court.

What happens if my child is expelled?

An expulsion removes your child from school for more than 10 days in a row. It can last from 11 days to two years.

What if my child has a disability?

If your child is a student with a disability:

  • He or she can be expelled for the same reasons as a student without a disability, except for behavior that is a result of a disability (MDR).
  • The school must still let your child work on IEP goals and participate in the general education curriculum.

Can the school call the police, and what other discipline can be used on my child?

The school can call the police to report a crime, even if your child has a disability. The school must give the police copies of your child’s special education and disciplinary records.

The school may restrain, seclude and put your child in timeouts because of his or her behavior. The school must follow certain rules when doing this and tell you what it did. You should:

  • Learn about of the dangers of these discipline actions.
  • Tell the school if you disagree with their use.

For more detailed information, click on the Expulsion, BIP, Discipline and Evaluation fact sheets.

If my child does not have an IEP, can the special education laws (IDEA) help keep my child from being expelled?

Exceptions are limited:

  • Your child does not fall within the exceptions to expulsion under IDEA if:
    • You did not agree to an evaluation or services for your child
    • The school evaluated your child but did not find him or her eligible for special education
  • The exception is:
    • If the school knew or should have known that your child should be in special education but did not offer to evaluate your child and he or she does not have an IEP

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Last updated: March 25, 2021

This website is made possible by funding support from the U.S. Department of Health and Human Services, both the Administration on Developmental Disabilities and the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration; and the U.S. Department of Education, the Office of Special Education and Rehabilitative Services. The contents of this website are solely the responsibility of Equip for Equality and do not necessarily represent the official view of any of these agencies.

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