Students with disabilities who have been involved in a disciplinary incident and are removed from their current educational program for more than 10 consecutive school days; more than 10 aggregate school days in a 40 day period; or, exhibit behaviors that constitute a pattern, they are entitled to a Manifestation Determination Review (MDR).
The MDR results in a determination of whether or not the student's behavior is a result of the student's disability.
If the behavior is determined to be due to the student's disability, the student generally will return to the school, unless the student is removed to an Interim Alternate Educational Setting (IAES), in which case the suspension may continue up to 45 days.
The school must develop a suspension plan for any student who has been suspended.
To Appeal Disciplinary Action
When a parent or family member's concern can not be resolved between the district and parent, the Individuals with Disabilities Education Improvement Act (IDEIA) provides parents with several means to address special education concerns by requesting a Due Process Hearing.
The role of the Impartial Hearing Office is to process these requests so issues can be resolved and the educational needs of the child met. Issues raised at hearings can include but are not limited to:
- educational placement
- provision of a free appropriate public education to children with disabilities (ages 3-21)
Learn more by visiting the Impartial Hearing Office website.