School Suspensions and Expulsions

Suspension? Expulsion? Not Quite. For IEP Students, It’s a “Change in Placement”

If your child has an IEP and the school wants to suspend or expel them, you need to understand your child’s discipline rights under IDEA. Any removal beyond 10 school days is not just a suspension—it’s a legal change in placement.


This distinction matters for parents navigating school discipline and special education law. Why? Because a “change in placement” triggers powerful federal protections:


• The IEP doesn’t go away.

• The school must still provide specialized instruction and related services.

 • The setting—whether at home, in-school suspension, or a different program—must support progress toward IEP goals.


The school cannot stop teaching your child or ignore their needs because of where they are placed. That’s a violation of FAPE (Free Appropriate Public Education).

What Must Happen When There’s a Change in Placement: The

Manifestation Determination Review (MDR)

If the school wants to remove your child for more than 10 school

days, they must:

Hold an MDR within 10 school days


The Manifestation Determination Review isn’t just a formality. It’s a legal safeguard under IDEA discipline rules—and here’s what it determines:


Whether the behavior was:


  • Caused by or substantially related to the child’s disability; or
  • The direct result of the school’s failure to implement the IEP


Whether the student’s removal constitutes a change in educational placement—and if so, what supports and services are required in that new setting.


This means that even if your child is placed in:


  • An in-school suspension room
  • Home instruction
  • An alternative school


…the school must ensure your child continues to receive all required IEP services during suspension. That includes speech therapy, reading intervention, counseling—whatever is written in the IEP.


And no, the school can’t ignore the IEP or call it “on pause” just because your child is suspended or sent home.


IDEA is clear: FAPE must continue. The services must be “designed to enable the child to participate in the general education curriculum and to progress toward meeting the goals. set out in the IEP.” (34 CFR 300.530(d)(1))

What Happens If the Behavior Is a Manifestation?

  • The school cannot suspend or expel the student for that behavior. •
  • The IEP Team must conduct a Functional Behavioral Assessment (FBA) and develop or revise a Behavior Intervention Plan (BIP).
  • The school must support the student in their current or an appropriate alternative placement, and provide FAPE.

What Happens If the Behavior Is Not a Manifestation?

The school may discipline the student like any other—but must continue services in an appropriate setting.


  • A Prior Written Notice must be issued to the parents.
  • The student’s new setting becomes their “stay-put” placement during any challenge to the decision.

And Then There Are the Exceptions (The “45-Day Rule”

Even if the behavior was a manifestation, IDEA discipline law allows the school to remove the student immediately to an Interim Alternative Educational Setting (IAES) for up to 45 school days in these situations:


 1. The student possessed or used a weapon at school or a school function.

2. The student possessed, used, sold, or solicited illegal drugs at school or a school function.

3. The student inflicted serious bodily injury on another person at school or a school function.


Even then, the student must continue to receive IEP services in the IAES.

What Schools Often Get Wrong

Here’s what we see in real life:


  • The principal issues a suspension letter without input from the IEP Team.
  • The MDR happens late—or not at all. • The student is removed, but no one discusses where or how IEP services will be delivered.
  • The setting is called “home instruction” or “alternative placement,” but it’s not appropriate or doesn’t provide all required services.


 This is not just sloppy practice—it’s a violation of IDEA.

What Parents Should Do

  • Ask for the MDR timeline and meeting date.
  • Request a copy of the proposed change in placement and details of the services.
  • Ask whether the new setting meets the standards for FAPE.
  • Insist that the school explain how your child will receive all services listed in the IEP.
  • If needed, consult an advocate or attorney. Don’t assume the school is following the law—they often aren’t.

Final Thought: Don’t Let the Label Fool You

Whether it’s called a suspension, an expulsion, or an “alternative placement,” any removal that keeps your child out of school for more than 10 days is a change in placement under IDEA. That means your child’s rights—including their IEP and FAPE—go with them, no matter where they are.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship