Can special education students be suspended or expelled?
IDEA clarifies how school disciplinary rules and the obligation to provide FAPE to disabled children fit together. The most significant differences between disciplinary procedures for students with disabilities and those applicable to non-disabled students are: the requirements to perform a manifestation determination (by an IEP team and not later than 10 school days after the decision to impose a disciplinary removal), to provide services to students who are suspended or expelled, and to perform a functional behavioral assessment and develop a behavioral intervention plan. IDEA recognizes that if students bring a weapon or illegal drugs to school, schools have the right to remove children with disabilities to an alternative educational setting for up to 45 days. IDEA permits schools to go to a hearing officer for an injunction to remove a child for up to 45 days if the child is considered substantially likely to injure himself or others. And IDEA also recognizes the right of schools t
