If a student with a disability violates a school's code of conduct, the school can discipline them. This includes placing them in another setting. It could also include a suspension, up to 10 days in a row.

The school does not have to provide special education services during that time.

Change of [no-lexicon]placement[/no-lexicon]

The discipline is considered a "change of placement" if:

• The student is removed for more than 10 days in a row, or
• The removals form a "pattern."

A "pattern" happens when:

• The removals total more than 10 school days in a school year,
• The student’s behavior is similar to past incidents,
• The removals are long,
• The total amount of time the child has been removed is long, and/or
• The time between removals is short.

Determining whether there was a change in placement based on the pattern of removals is at the public agency’s discretion. It is decided on a case-by-case basis.  As per Section 300.536 of the Individuals of Disabilities Education Act (IDEA), whatever the determination, it is subject to review through due process and judicial proceedings.The student’s discipline may be a change of placement. Then the school must hold a Manifestation Determination Review (MDR).This must be within ten school days of the disciplinary action.

School bus suspensions

A student may also be suspended from riding the school bus for misconduct on the bus. Under certain circumstances, a school bus suspension can be considered a suspension. If your child has been suspended from the school bus, read Children with Disabilities Eligible for Transportation for more information on your child’s rights.

Learn more about placement and school discipline.