Suspension & Expulsion
Students with disabilities have special protections when facing suspension or expulsion. Schools must conduct a Manifestation Determination Review (MDR) before imposing long-term discipline to determine whether the behavior was caused by the student's disability.
Key Rights
- ✓Students with disabilities may not be suspended for more than 10 days without an MDR
- ✓If the behavior is a manifestation of the disability, the student cannot be expelled
- ✓Students must continue to receive FAPE during any suspension or expulsion
- ✓Parents must be notified within one school day of a decision to suspend
- ✓Students have the right to a hearing before expulsion
School Responsibilities
- Conduct an MDR within 10 school days of a decision to change placement due to discipline
- Continue providing FAPE during any period of removal
- Notify parents within one school day of a suspension decision
- Conduct a functional behavioral assessment (FBA) if not already done
- Develop or revise a behavioral intervention plan (BIP)
Federal Law
IDEA, 20 U.S.C. § 1415(k). Schools may remove a student with a disability for up to 10 school days without an MDR. For removals beyond 10 days, an MDR must be held. If the behavior is a manifestation of the disability, the student must be returned to their placement.
California Law
CA SpecificCalifornia Education Code §§ 48900–48927. California provides additional protections including specific grounds for suspension and expulsion, required notices, and the right to a hearing. California also limits the use of suspension for willful defiance.
What Parents Can Do
- 1Request an MDR meeting in writing
- 2Bring an advocate or attorney to the MDR
- 3Challenge the MDR determination through due process
- 4Request a functional behavioral assessment
- 5Request that the school develop or revise a behavioral intervention plan
- 6File a complaint if FAPE is not provided during suspension
Educational Information Only
This information is for educational purposes only and does not constitute legal advice. Laws and regulations may change. For advice about your specific situation, consult a qualified education law attorney.