IDEA discipline protections: suspension, removal and change of placement

Short-term removals

IDEA allows school personnel to remove a child with a disability for misconduct to an appropriate interim alternative setting, another setting or suspension for not more than 10 consecutive school days, to the extent those alternatives are applied to children without disabilities. Additional short removals may occur for separate incidents if they do not amount to a change of placement.

When services must continue

After a child with a disability has been removed from the current placement for 10 school days in the same school year, the public agency must provide services during subsequent removal days to the extent required by the IDEA discipline rules. For certain longer removals, the student must continue to receive educational services so the student can participate in the general curriculum and progress toward IEP goals.

What counts as a change of placement

A removal for more than 10 consecutive school days is a disciplinary change of placement. A series of shorter removals can also amount to a change of placement when it creates a pattern under the federal criteria. This is important because a change of placement can trigger manifestation-determination and additional notice and appeal rights.

What parents should keep

Keep a running record of every removal, including dates, partial-day removals, the reason given, where the student spent the day and whether instruction or services were provided. Compare the record with the IEP and behavior plan, and ask the school in writing how it is counting removal days.