Can You Suspend a Student with an IEP in Virginia?

If your child has an Individualized Education Program (IEP) in Virginia and is facing disciplinary action, you might be wondering: can you suspend a student with an IEP in Virginia? It's a critical question for many parents, and the short answer is yes, but with very specific rules and protections in place. The process is designed to ensure that students with disabilities are treated fairly and that their disability doesn't inadvertently lead to punishment for behavior they can't control.

Understanding these rules is key to advocating effectively for your child. This article will break down the disciplinary process for students with IEPs in Virginia, helping you navigate the complexities and understand your rights.

Understanding IEPs and Discipline

An IEP is a legally binding document that outlines the special education services and supports a student with a disability needs. When it comes to discipline, students with IEPs are protected by federal law, specifically the Individuals with Disabilities Education Act (IDEA). This act ensures that schools don't unfairly punish a student for behaviors that are a direct result of their disability.

While schools in Virginia can and do suspend students with IEPs, the circumstances and procedures differ significantly from those for general education students. The key distinction often lies in the length of the suspension and whether the behavior is determined to be a "manifestation" of the student's disability.

Short-Term Suspensions and IEPs

For short-term suspensions, generally defined as 10 cumulative school days or less in a school year, the rules are somewhat more straightforward. A school can suspend a student with an IEP for these periods, much like they would a student without an IEP, without immediately triggering a "manifestation determination review."

However, even with short-term removals, the school must still provide educational services if the child is removed for more than 10 cumulative school days in a school year. This means the school can't just send your child home and forget about their education. They need to ensure the child continues to receive services that allow them to participate in the general education curriculum and progress toward their IEP goals.

Long-Term Suspensions and Manifestation Determination Reviews (MDR)

This is where the process becomes more complex. If a student with an IEP is suspended for more than 10 cumulative school days in a school year, or if a removal constitutes a "change of placement" (which often happens with longer suspensions or expulsions), the school must conduct a Manifestation Determination Review (MDR). This review must occur within 10 school days of the decision to change the student's placement due to disciplinary action.

During an MDR, the IEP team, including you as the parent, will review all relevant information to determine two things:

• Was the behavior caused by or had a direct and substantial relationship to the child's disability?
• Was the behavior a direct result of the school's failure to implement the IEP?

If the answer to either question is yes, the behavior is considered a "manifestation of the disability." In this case, the student cannot be suspended for that behavior for longer than 10 days, and the school must conduct a functional behavioral assessment (FBA) and implement a behavioral intervention plan (BIP), or review and revise an existing one. The student must then return to their original placement, unless you and the school agree to a change.

If the behavior is NOT a manifestation of the disability, then the student can be disciplined in the same manner as a student without a disability, though educational services must still be provided.

What Are Your Rights as a Parent?

As a parent of a child with an IEP in Virginia, you have significant rights throughout the disciplinary process. Knowing these rights is crucial:

• Right to Notice: You must be informed of any disciplinary actions the school plans to take.
• Right to Participate in the MDR: You are a key member of the IEP team that conducts the Manifestation Determination Review.
• Right to Review Records: You have the right to review your child's educational records.
• Right to Challenge the Decision: If you disagree with the MDR outcome or the disciplinary decision, you have the right to challenge it through due process hearing procedures or mediation.
• Stay Put Provision: During a due process hearing, your child generally has the right to remain in their current educational placement unless you and the school agree otherwise.

Steps to Take If Your Child Faces Suspension

If your child with an IEP is facing suspension in Virginia, here are some practical steps you can take:

1. Understand the Allegations: Get clear, specific information about the behavior that led to the disciplinary action.
2. Request an IEP Meeting: Ask for an immediate IEP meeting to discuss the situation and your child's behavior.
3. Know Your Rights: Familiarize yourself with the IDEA regulations concerning discipline for students with disabilities.
4. Prepare for the MDR: If an MDR is triggered, gather all relevant information about your child's disability, behaviors, and IEP implementation.
5. Document Everything: Keep detailed records of all communications, meetings, and decisions.
6. Seek Support: Consider reaching out to an advocate or an attorney specializing in special education law if you feel overwhelmed or your rights are being violated.

Conclusion

Navigating the process when a school wants to suspend a student with an IEP in Virginia can be complex, but it's crucial to remember that your child has significant protections under federal law. While suspensions are possible, the school must adhere to strict guidelines, especially regarding the Manifestation Determination Review, to ensure that disciplinary actions are fair and appropriate. By understanding your rights and advocating proactively, you can help ensure your child's educational needs continue to be met, even in challenging disciplinary situations.

FAQ

Can a school in Virginia suspend a student with an IEP for any reason?

No. While they can suspend, the reason must be non-discriminatory and the school must follow specific procedures, especially if the suspension exceeds 10 cumulative days or results in a change of placement. The behavior cannot be a manifestation of the disability without specific actions being taken.

What is a Manifestation Determination Review (MDR)?

An MDR is a meeting held by the IEP team (including parents) to determine if a student's behavior, leading to a disciplinary action of more than 10 cumulative days of suspension, was caused by or had a direct and substantial relationship to their disability, or if it was a direct result of the school's failure to implement the IEP.

What happens if my child's behavior is a manifestation of their disability?

If the behavior is determined to be a manifestation of the disability, the school cannot remove the student from their current placement for that behavior, unless it's a specific "interim alternative educational setting" for serious infractions like weapons, drugs, or serious bodily injury. The school must conduct an FBA and implement or revise a BIP, and the student must return to their original placement.

Do schools have to provide educational services during a suspension for a student with an IEP?

Yes. If a student with an IEP is suspended for more than 10 cumulative school days in a school year, the school must continue to provide educational services that enable the student to participate in the general education curriculum and progress toward their IEP goals, even if they are outside of the regular school environment.

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