Can the school suspend my child with an IEP?

Students with IEPs have special protections when suspensions add up or removals last longer than 10 school days.

July 5, 2026

This article explains federal special education law (IDEA). Your state may have its own deadlines, forms, and complaint rules. Check your school's procedural safeguards notice for state-specific details.

Quick answer

Children with IEPs can be disciplined, but IDEA limits removals. When a child is removed for more than 10 school days in a year, or when a removal is a change of placement, the school must provide services so the child can continue to participate in the general curriculum and progress on IEP goals. A manifestation determination review may be required.

What this means for parents

Discipline can quickly become a FAPE issue. Track every removal, including in-school suspensions and informal send-outs.

Short removals of 10 school days or less in a school year are treated differently from longer or repeated removals.
Removals beyond 10 total days in a year may require continued IEP services during discipline.
A change of placement occurs when removal is more than 10 consecutive days or a pattern of removals.
Weapons, drugs, and serious bodily injury can lead to removal to an interim alternative setting in some cases.
Parents must receive notice and have rights to challenge decisions.

Questions to ask after a suspension

Ask these quickly while details are fresh.

How many total days of removal does my child have this school year, including in-school suspension?
Will my child receive IEP services during this removal?
Is this removal a change of placement, and will a manifestation determination review be held?
What notice will I receive, and when is the review meeting?
What behavior supports will be used when my child returns?

Simple parent script

After a suspension

My child was removed on [dates] for [reason]. Please confirm the total days of removal this year, whether this is a change of placement, and what IEP services my child will receive during the removal. If required, please schedule a manifestation determination review.

Track cumulative removals

Please provide a written record of all removals this school year, including in-school suspensions and office send-outs. I want to verify whether we have reached 10 days and what protections apply.

Common mistakes to avoid

Not counting partial days or in-school suspensions toward total removals.
Assuming the school will automatically continue IEP services during suspension.
Missing manifestation determination deadlines after a change of placement.
Letting repeated short suspensions continue without requesting an FBA.
Accepting discipline without asking for written notice.

When to get more help

Consider getting help when removals are frequent, the school denies services during suspension, a manifestation determination is mishandled, or you are facing expulsion or a long-term removal.

Did this answer your question?

Sources

34 C.F.R. §§ 300.530-300.536, Discipline procedures (34 C.F.R. §§ 300.530-300.536)
34 C.F.R. § 300.536, Change of placement because of disciplinary removals (34 C.F.R. § 300.536)
OSEP, Questions and Answers: IDEA Discipline Provisions (OSEP discipline Q&A)