School Districts have the right to discipline your child for a variety of activities, and in some cases this discipline can include supsension or expulsion. However, the IDEA also provides you and your child with rights regarding under what circumstances the discipline is permitted and how long it can last.

Most importantly, if the incident that led to the discipline comes from a behavior or action that is called out in the IEP, or that otherwise arises out of your child’s special needs, the law requires a special process known as a Manifestation Hearing, which explores whether the behavior that led to the suspension was a manifestation of something related to your child’s special needs that is covered in the IEP.

Frequent disciplinary action can also be a clear warning that the IEP as it is set up either does not provide the help your child needs, or is not being followed. This is likely a good time to call for an IEP meeting that explores these options, and that considers whether another environment, paid for by the school district, might be the only option that will work for your child.