IEP Discipline Procedures in Alaska
Can a school suspend or expel a student with an IEP in Alaska?
Alaska follows federal IDEA discipline procedures for students with disabilities, implemented through 4 AAC 52.560 and consistent with 34 CFR 300.530-300.536. A student with a disability may be removed to an alternative educational setting for up to 10 school days in a school year for any rule violation applicable to nondisabled students. Removals of more than 10 consecutive school days, or a pattern of shorter removals totaling more than 10 days, constitute a change of placement triggering special procedures. When a change of placement is proposed, the IEP team must conduct a manifestation determination within 10 school days to determine whether the behavior was caused by or directly and substantially related to the disability, or was the direct result of the district's failure to implement the IEP (4 AAC 52.560). If the behavior is a manifestation of the disability, the team must conduct or review an FBA and develop or revise a BIP, and the student must be returned to their prior placement unless special circumstances apply. For weapons, drugs, or serious bodily injury, a student may be placed in an interim alternative educational setting for up to 45 school days regardless of manifestation (4 AAC 52.560(d); 34 CFR 300.530(g)). Educational services must continue during suspensions beyond 10 days.
What Alaska Requires
Removals of more than 10 consecutive school days or a pattern of removals totaling more than 10 days constitute a change of placement triggering special discipline procedures (4 AAC 52.560; 34 CFR 300.536).
A manifestation determination must be completed within 10 school days of a decision to change placement for disciplinary reasons (4 AAC 52.560(b); 34 CFR 300.530(e)).
If the behavior is a manifestation of the disability, the team must conduct or review the FBA, develop or revise the BIP, and return the student to their prior placement (4 AAC 52.560(c); 34 CFR 300.530(f)).
For weapons, controlled substances, or serious bodily injury, districts may place students in an interim alternative setting for up to 45 school days regardless of manifestation (4 AAC 52.560(d); 34 CFR 300.530(g)).
Educational services must continue during any removal beyond 10 school days, enabling the student to progress in the general curriculum and advance toward IEP goals (34 CFR 300.530(d)).
During the appeal of a disciplinary placement, the student remains in the interim alternative setting or returns to the prior placement (stay-put) (34 CFR 300.533).
Key Timelines
Up to 10 school days per year: removals permitted without triggering special procedures (34 CFR 300.530(b)).
Manifestation determination: must occur within 10 school days of disciplinary change-of-placement decision (4 AAC 52.560(b); 34 CFR 300.530(e)).
Interim alternative setting for weapons/drugs/injury: up to 45 school days (34 CFR 300.530(g)).
Educational services must continue from day one of any removal beyond 10 cumulative school days (34 CFR 300.530(d)).