Expelled with an IEP: Your Child Still Has Rights

A school cannot expel a student with an IEP for behavior that is a manifestation of their disability — and even if expulsion proceeds, the district must continue providing a free appropriate public education (FAPE). Expulsion does not erase an IEP or end the school's obligation to educate your child. There is a required legal process that must happen before any removal longer than 10 school days.

Here is what you need to know: your child has rights that most parents — and many schools — do not fully understand. This article walks you through all of them.

The Short Answer

A child with an IEP can be removed from their current school for disciplinary reasons. But the school district cannot stop providing educational services.

Under the Individuals with Disabilities Education Act (IDEA), every child with a disability is entitled to a Free Appropriate Public Education (FAPE). That right does not disappear because of a disciplinary action — not after a suspension, not after an expulsion, not ever (34 CFR 300.530(d)).

The school can change where your child is educated. It cannot stop educating your child.

That single sentence is the most important thing in this article. Everything else is details about how it works.

What Expulsion Actually Means for a Student with an IEP

For students without disabilities, expulsion can mean: you are done. Go home. Figure it out.

For a student with an IEP, it works differently. Expulsion is classified as a change of placement under IDEA — and a change of placement triggers a specific chain of legal protections:

1. The school must hold a Manifestation Determination Review (MDR) within 10 school days
2. The school must continue providing FAPE — educational services that enable your child to keep working on IEP goals
3. The IEP team must determine an appropriate alternative educational setting
4. You must receive Prior Written Notice of any proposed change

None of these are optional. Skipping any one of them is a procedural violation of federal law.

The Manifestation Determination Review (MDR) Comes First

Before any long-term removal (more than 10 consecutive school days, or a pattern of short removals that adds up to a change of placement), the school must hold a Manifestation Determination Review.

The MDR asks two questions:

1. Was the behavior caused by or substantially related to your child's disability?
2. 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 a manifestation of the disability — and the rules change dramatically. (We cover this in depth in our Manifestation Determination Review guide.)

The MDR must happen within 10 school days of the decision to change placement (34 CFR 300.530(e)). You have the right to participate. Bring documentation. Bring someone who knows your child's disability. Do not let this meeting happen without you.

If the Behavior IS a Manifestation

If the MDR determines the behavior was a manifestation of your child's disability:

• The expulsion cannot proceed. The school must return your child to their prior placement (unless you and the school agree to a different one).
• The school must conduct a Functional Behavioral Assessment (FBA) if one has not already been done.
• A Behavior Intervention Plan (BIP) must be created or revised to address the behavior that led to the disciplinary action.

The logic is straightforward: you do not punish a child for behaviors caused by their disability. Instead, you support the child with better behavioral interventions. The school's job is to fix the plan — not remove the student.

If the Behavior Is NOT a Manifestation

If the MDR determines the behavior was not related to the disability and the IEP was being properly implemented, the school can proceed with the same disciplinary action it would apply to any student — but with one critical difference.

Your child must continue to receive educational services.

Even when the behavior is ruled not a manifestation, IDEA requires the district to:

• Continue providing FAPE in an alternative educational setting (34 CFR 300.530(d))
• Enable your child to continue to participate in the general education curriculum
• Continue progress toward IEP goals
• Provide services and modifications as described in your child's IEP

This is where most parents get blindsided. They hear "not a manifestation" and assume it means the school is done. It does not. Even after a legitimate expulsion, your child is still entitled to a full educational program — it will happen somewhere else.

FAPE Does Not End at the School Door

This is the single most important protection parents do not know about.

A Free Appropriate Public Education (FAPE) is a right attached to your child — not to a building. Under 34 CFR 300.530(d), when a child with an IEP is removed for disciplinary reasons beyond 10 school days, the school district must:

1. Continue to provide educational services so your child can participate in the general education curriculum (even in a different setting)
2. Continue progress toward IEP goals
3. Receive, as appropriate, an FBA and behavioral intervention services to address the behavior so it does not recur

The word "services" here does not mean a packet of worksheets mailed home. It means real, substantive educational services — potentially including specialized instruction, related services (speech, OT, counseling), and behavioral support.

The 45-Day Exception

There are three specific situations — called special circumstances — where the school can move your child to an Interim Alternative Educational Setting (IAES) for up to 45 school days, regardless of whether the behavior is a manifestation of the disability:

1. Weapons — carrying or possessing a weapon at school or a school function
2. Drugs — possessing or using illegal drugs, or selling/soliciting controlled substances at school
3. Serious bodily injury — inflicting serious bodily injury on another person at school

These three exceptions are defined in 34 CFR 300.530(g). They are the only situations where the school can unilaterally place your child in an IAES without your agreement and without an MDR finding of "not a manifestation."

But even during a 45-day IAES placement:

• Your child must continue receiving FAPE
• The MDR still must be conducted
• An FBA and BIP must be provided
• Your child must continue making progress on IEP goals

The 45-day removal is not a suspension without services. It is a temporary change of placement with full educational continuity. For more on how stay-put rights interact with discipline situations, see our stay-put guide.

What Alternative Placement Looks Like

When a student with an IEP is expelled or placed in an IAES, the IEP team — which includes you — determines the alternative placement. Common options include:

• Alternative school or program — a different school building with appropriate supports
• Homebound instruction — a teacher comes to your home or provides virtual instruction
• Therapeutic day program — for students who need intensive behavioral support
• Online or hybrid program — if it can deliver IEP services

The key standard: the alternative placement must enable your child to continue to participate in the general education curriculum and make progress toward IEP goals. If it does not meet this standard, it is not adequate — and you can challenge it.

What is NOT acceptable as alternative placement

• Sending home worksheets with no instruction
• An hour of tutoring per week when your child was receiving full-day services
• An online program with no access to related services (speech, OT, counseling)
• "Just stay home until we figure it out"

If the IEP team cannot agree on an appropriate IAES, you have the right to request an expedited due process hearing (34 CFR 300.532).

What You Can Do Right Now

If your child is facing expulsion or has already been expelled, here are your immediate steps:

1. Request the MDR in writing — if the school has not already scheduled one, put it in writing: "I am requesting a Manifestation Determination Review for my child as required by 34 CFR 300.530(e)."
2. Get a copy of the current IEP and BIP — you will need these for the MDR. If your child does not have a BIP, that itself may be relevant to the manifestation question.
3. Document everything — save every email, letter, and voicemail. Note dates, who said what, and what was offered (or not offered).
4. Attend the MDR meeting — bring someone who knows your child's disability. This can be an advocate, a therapist, a doctor, or anyone who can speak to the connection between the disability and the behavior.
5. Ask about FAPE services immediately — do not wait for the MDR to ask: "What educational services will my child receive during this removal?" Put this question in writing.
6. Request an FBA — if your child does not have a current Functional Behavioral Assessment, request one in writing now. Even if the school proceeds with removal, the FBA will inform a better BIP for the alternative placement.

Sample language: "I am writing to confirm that [child's name] will continue to receive all IEP services, including [list specific services], during the current disciplinary removal. Please provide me with a written plan for how FAPE will be delivered in the alternative setting, including the schedule, location, and service providers."

If You Disagree with the Decision

If you disagree with the MDR outcome, the proposed placement, or the adequacy of services being offered, you have options:

Expedited due process hearing

For discipline-related disputes, you can request an expedited hearing under 34 CFR 300.532. The timeline is faster than a regular due process hearing:

• Hearing must occur within 20 school days of the complaint
• Decision must be rendered within 10 school days after the hearing
• No extensions allowed

During the expedited hearing process, your child stays in the IAES (not the prior placement) unless you and the school agree otherwise.

State complaint

You can file a state complaint with your state's department of education. The state must investigate and issue a decision within 60 calendar days. This is a good option if the school is violating procedural requirements (skipping the MDR, failing to provide FAPE services, etc.).

Contact your state's Parent Training and Information Center (PTI)

Every state has a federally funded Parent Center that provides free advocacy support. They can help you understand your rights, prepare for meetings, and navigate the dispute resolution process.

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Sources

• Individuals with Disabilities Education Act (IDEA) — U.S. Department of Education
• 34 CFR 300.530 — Authority of School Personnel (Discipline) — Electronic Code of Federal Regulations
• 34 CFR 300.532 — Appeal (Expedited Due Process) — Electronic Code of Federal Regulations
• Disciplinary Removals: What They Mean for Students with Disabilities — Center for Parent Information and Resources