Suspensions for my child on an IEP keep piling up
Suspension notices keep arriving for your child, one incident at a time, and nobody at the school has added up what the total now comes to. It depends: the school may remove your child for up to ten consecutive school days without extra steps, but a longer removal, or a pattern of shorter ones, brings a manifestation review (34 CFR 300.530(b), (e)(1), 300.536(a)). Start by pulling the IEP page or the letter the dispute turns on and writing down today’s date; every move below adds to that record.
What the rule says
“Continue to receive educational services … so as to enable the child to continue to participate in the general education curriculum … and to progress toward meeting the goals set out in the child’s IEP”
34 CFR 300.530(d)(1)(i)
Lessons and progress toward the IEP goals keep going during the removal, wherever the district places your child meanwhile.
What to do this week, in order
Collect every suspension notice this year into one dated log, noting the day count and whether it was in school or out.
A log with one line per suspension
If one suspension already runs past ten consecutive school days, mark that date; a removal that long is a placement change alone.
The date one suspension passed the threshold34 CFR 300.536(a)(1)
After the tenth school day of removal, put in writing a question about which services continue and which teacher helped decide.
The reply on continuing services, with the teacher named34 CFR 300.530(d)(4)
Once this year’s removals add up to a placement change, ask the office for the review date and who from the team attends.
The review date and the team’s attendee list34 CFR 300.530(e)(1)
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- The dean of students who issued the suspensions
Dear [Dean’s name], [Child’s full name] has picked up [number] suspensions since [start date]; my log names each date, the days lost, and the reason given. Please send the discipline record for those dates, plus whatever running count your office keeps toward a placement change this year. I would also like to know how coursework and behavior support keep moving on the days my child is out. [Your name] [Phone] · [Email]
If the answer is no, it arrives as prior written notice: what was refused, why, and the records the district relied on (34 CFR 300.503(b)).
When to escalate, and to whom
Escalate when the written answer is a no, or when the record you built this week draws no answer at all.
| The path | The count | How it runs |
|---|---|---|
| A state complaint | 60 days to a decision | A signed letter to your state education agency about a violation inside the past year; the state decides in writing within 60 days.34 CFR 300.152(a), 300.153(c) |
| Mediation | Voluntary, at no cost to you | You and the district sit with an impartial mediator the state pays for; it can start before any complaint and may not delay a hearing.34 CFR 300.506(b) |
| A due process complaint | 2 years to file | A hearing before an impartial officer; the district holds a resolution meeting within 15 days, and the decision is due 45 days after the 30-day resolution period.34 CFR 300.507(a)(2), 300.510(a)(1), 300.515(a) |
Those counts are IDEA’s; your state may set its own window for due process, and publishes its own complaint form.
This page explains the federal rule, and it does not replace your state’s procedures, or advice from someone qualified to read your file.
Have the pages this dispute is about read back to you, free.
The review reads every page you upload, names the service, goal or wording that is vague or missing, and gives you its page number.
Review my IEP — freeFree, no card. It reads your pages and contacts no one.
Where this comes from
- When suspensions add up to a placement changeDefines when suspensions count as one change.
- Continued services during a discipline removalThe section quoted here.
- Appealing a manifestation decision quicklyHow to challenge a bad call fast.
- Prior written notice (34 CFR 300.503)What every no owes you.
When the paragraph needs to become a full letter, the letter templates carry one for each request.