The Fine Print on Behavior and Discipline at School

Ten School Days, and Then It Counts

Being sent home is not the same as being told what the law allows. For a child with an IEP, the number of days matters, and the school has to keep track.

The rule says: “The removal is for more than 10 consecutive school days” (34 CFR 300.536)

It's not just one long stretch. A series of shorter removals can add up, if they form a pattern.

The rule says: “The child has been subjected to a series of removals that constitute a pattern” (34 CFR 300.536)

Once removals cross that line, the school follows different steps. Keep your own list of dates, because the count is easy to lose track of.

Say: “Could you tell me how many days my child has been out of class this school year, including any sent home early or picked up?”

Learning Does Not Stop When the Child Is Out

After day ten in a school year, the school has to keep teaching.

The rule says: “Continue to receive educational services” (34 CFR 300.530)

That means enough to keep accessing the general curriculum, even in another setting, and to keep working on the goals in the IEP. Ask what the plan is, who provides it, and how many hours a week.

Say: “My child has now been out more than ten days. What services will he or she receive, who will provide them, and how many hours a week?”

A Meeting Within Ten School Days

When the school wants to change a child's placement because of a behavior violation, there is a meeting. The one question is: was the behavior connected to the disability? You are in that meeting.

The rule says: “Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the child's IEP Team (as determined by the parent and the LEA) must review all relevant information in the student's file” (34 CFR 300.530)

The team has two questions to ask. Was the behavior caused by the disability, or closely related to it? Or was it the direct result of the school not doing the IEP?

The rule says: “If the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability” (34 CFR 300.530)

The rule says: “If the conduct in question was the direct result of the LEA's failure to implement the IEP” (34 CFR 300.530)

You and the school choose who comes, so bring what you know. Roy's School Years page and the IEP Meeting, Decoded page help you prepare.

If the Answer Is Yes

If the team decides the behavior was tied to the disability, the response is support, not punishment. The team reviews the behavior plan or writes a new one.

The rule says: “Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child” (34 CFR 300.530)

And the child goes back where they came from.

The rule says: “return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan” (34 CFR 300.530)

There are exceptions (weapons, drugs, or serious injury) where a school can move a child to a different setting for up to 45 days without looking at the manifestation question. If your situation involves one of those, call your state parent center immediately.

Support Comes First

The best answer to behavior is not a rule about suspension. It's a plan that helps before things blow up. The IEP team is supposed to do this.

The rule says: “In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior” (34 CFR 300.324)

Say: “My child's behavior is getting in the way of learning. Could the team consider positive behavioral supports and a functional behavioral assessment at the next meeting?”

They Have to Tell You the Same Day

When the school decides on a removal that's a change of placement, you get notice and your rights. Not a surprise.

The rule says: “the LEA must notify the parents of that decision, and provide the parents the procedural safeguards notice described in § 300.504” (34 CFR 300.530)

If you don't get it, ask in writing. The school fine print page has more on notice and access to your records.

A Way to Ask That Works

Hard days at school happen, and the staff are usually just as exhausted. Keep it calm and specific: what happened, what you want, and thanks. Ask for answers in writing. If you need to disagree, the disagree-in-writing guide shows what's next.