My Child with an IEP Is Being Repeatedly Suspended

Expert Reviewedby Mary

"I've sat at over 500 IEP tables."

I'm Mary, a Special Education Advocate and the founder of The Advocate Ally. I created this special education resource because too many parents feel pressured to accept generic, "cookie-cutter" IEPs.

The guidance below is grounded in the same practical, document-based questions I raise in IEP meetings every day. Use it to ask for clearer, more individualized support for your child.

Mary

Founder, The Advocate Ally

What's Happening

Your child is being suspended repeatedly for behaviors that are likely connected to their disability. The school may be imposing exclusionary discipline without conducting a Manifestation Determination Review (MDR).

Your Legal Rights

A Manifestation Determination Review (MDR) is required when a disciplinary removal is a change of placement. More than 10 consecutive school days qualifies, and a series of removals may qualify if it forms a pattern.

The school must convene an MDR within 10 school days of a decision to make a disciplinary change of placement.
If the behavior is a manifestation, IDEA limits disciplinary changes of placement and requires additional steps, subject to special-circumstance rules.
The school must conduct a Functional Behavior Assessment (FBA) and create or revise a Behavior Intervention Plan (BIP).
You have the right to 'Stay Put' protections during any dispute over discipline.

What To Do Right Now

Track every suspension: date, duration, reason, and whether the school offered alternative services.

If removals exceed 10 school days or appear to form a pattern, request written confirmation of whether the school considers them a change of placement and whether an MDR is required.

If no FBA or BIP exists, request one immediately—the school should have done this proactively.

If the MDR finds it IS a manifestation, the student returns to their placement and the BIP is revised.

Don't Go Into This Blind

Before you send a letter or file a complaint, start with the written IEP. The audit can flag documented gaps, weak language, and sections that may deserve a written question or closer professional review.

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Frequently Asked Questions

What counts toward the 10-day rule?

Any removal from the school setting counts: in-school suspension, out-of-school suspension, and 'sending the child home early.' Even bus suspensions may count.

What if the school says the behavior is NOT a manifestation?

You have the right to appeal through due process. The school's determination is not final—a hearing officer can overturn it.

What is a Functional Behavior Assessment?

An FBA analyzes WHY a behavior is happening—what triggers it and what the child is trying to achieve. It's used to create a Behavior Intervention Plan (BIP) that replaces punishment with support.

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