IEP Discipline Procedures in Alabama
Can a school suspend or expel a student with an IEP in Alabama?
Alabama's discipline procedures for students with disabilities are governed by Ala. Admin. Code r. 290-8-9-.09, mirroring federal IDEA with important procedural specifics. School personnel may remove a child with a disability for not more than 10 consecutive school days without additional safeguards. When a removal would exceed 10 school days and constitute a change of placement, a manifestation determination review must occur within 10 school days. If behavior is a manifestation of the disability, the student must be returned to their placement unless the parent and LEA agree otherwise, and an FBA must be conducted and BIP implemented or revised. For special circumstances (weapons, drugs, serious bodily injury), school personnel may unilaterally place a student in an Interim Alternative Educational Setting (IAES) for up to 45 school days without regard to whether the behavior is a manifestation. Hearing officers may order IAES placement for up to 45 school days when maintaining current placement poses a substantial likelihood of injury. Educational services must continue during all removals exceeding 10 school days. Alabama-specific rule: bus suspension counts as a removal only when transportation is a required related service in the IEP.
What Alabama Requires
Students with disabilities may be removed for up to 10 consecutive school days without triggering manifestation determination or enhanced FAPE services (Ala. Admin. Code r. 290-8-9-.09).
For any removal constituting a change of placement (beyond 10 cumulative school days), a manifestation determination review must occur within 10 school days (Ala. Admin. Code r. 290-8-9-.09; 34 CFR 300.530(e)).
For special circumstances — weapons, illegal drugs, or serious bodily injury — the LEA may remove a student to IAES for up to 45 school days without regard to manifestation; manifestation determination still must occur (Ala. Admin. Code r. 290-8-9-.09; 34 CFR 300.530(g)).
Educational services must continue during all removals beyond 10 school days, enabling participation in the general education curriculum and progress toward IEP goals (Ala. Admin. Code r. 290-8-9-.09).
Bus suspension counts as a removal (triggering IDEA protections) only when transportation is a required related service in the student's IEP (Ala. Admin. Code r. 290-8-9-.09).
In-school suspension does not count as a removal if the student continues to appropriately participate in the general education curriculum, remains with nondisabled students as would occur in the placement, and continues to receive IEP services (Ala. Admin. Code r. 290-8-9-.09).
Key Timelines
Removal without enhanced safeguards: up to 10 consecutive school days (Ala. Admin. Code r. 290-8-9-.09).
Manifestation determination review: within 10 school days of the change-of-placement decision (Ala. Admin. Code r. 290-8-9-.09).
IAES for special circumstances: up to 45 school days (Ala. Admin. Code r. 290-8-9-.09).
Educational services must be provided during removals exceeding 10 school days (Ala. Admin. Code r. 290-8-9-.09).