Can Special Education Students Be Suspended?

Yes, But It Can Get Complicated.

Any student, including special education students may be suspended; however, the reason for suspension must be documented and special education students are required to receive all educational services for the duration of their suspension. Additionally, if the student’s behavior was the direct result of their disability as opposed to “intentional inappropriate behavior”, the suspension may be overturned.

A student may have a Manifestation Determination Review (MDR) if there is a long-term suspension or proposed change in placement to determine if the child’s behavior was the result of their disability or not. This is a legal process that will require an educationally-based just and typically lawyers on both sides. Once a school suspends/removes totaling 10 days (can be 10 separate 1 day suspensions) they must notify parents in writing and hold a manifestation determination review within 10 days and ensure student continues to receive educational services. Of note, schools are not able to call parents to pick up their child because of challenging behavior unless clear urgent safety threat, as this would constitute a “suspension of education.” Parents will receive post-hearing brief after hearing from both parties (lawyers from family and school district) and also receive written decision and evidence/no evidence of violation after due process hearing. Ask for documentation of every removal from school/classroom and suspension.

Functional Behavior Assessments (FBA) must be conducted any time a child is facing expulsion. FBAs should be conducted by a well-trained BCBA and should have: comprehensive hypotheses about behavior, observation across multiple settings and multiple days, and objective data that lead to an intervention plan. The resulting Behavior Intervention Plan (BIP) should have clear and strong prevention strategies and not just give consequences, but teach replacement behaviors and requires consistent progress monitoring to ensure it is implemented consistently and correctly.

Interim Alternative Educational Setting (IAES): when the Childs behavior warrants removal from the current setting for up to 45 days (even if because of disability), because of weapons, drugs, serious bodily injury and still must hold an MDR to decide if the child requires additional discipline, need to receive all FAPE services throughout and need appropriate supports upon return to original placement.