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Education: Discipline/Suspension - Exceptional Child

Authored By: Legal Aid of North Carolina LSC Funded

Quick Facts

A child who has been identified as having a disability and there is an Individualized Educational Program (IEP) in place has additional protection if he is suspended from school. If the child has been suspended for more than ten (10) days, the IEP team must:
 

  1. Meet within 10 working days of the disciplinary action.
  2. Must work on a manifestation determination.
  3. Must work on a functional behavioral assessment.
  4. Must write a behavioral intervention plan as soon as practical.
     

Manifestation Determination

Definition: A review to determine whether or not the child’s behavior subject to discipline is a manifestation of (is related to) his/her disability.

If the behavior is found NOT to be a manifestation of a disability:

  1. Normal disciplinary action can be taken.
  2. The IEP team determines the extent of services to be provided.

If the behavior IS related to the child’s disability:

Suspension CAN NOT occur.

If parents disagree with the determination or with the placement decision, parents may request and will receive an expedited hearing.


If the child has been suspended for less than ten (10) days, the IEP team must:

  1. School may follow normal disciplinary procedures.
  2. No action needs to take place relative to special education due process.
  3. The IEP team may meet to address the issues related to the suspension.
     

 See additional Quick Facts for more information:
                                Education: Basic Special Education Process Under IDEA
                                Education: Child's Right to a Personalized Education Plan

 


To find other Legal Aid of North Carolina materials, including any materials mentioned in this document, go to LawhelpNC.org/. If you need legal help please go to legalaidnc.org/.
 

Last Review and Update: Jul 05, 2012