IEP Discipline Procedures in Arizona
Can a school suspend or expel a student with an IEP in Arizona?
Arizona incorporates federal IDEA discipline protections for students with disabilities through A.A.C. R7-2-401 and A.R.S. § 15-764 (34 CFR 300.530–300.536). A student with a disability may be removed from their current educational placement for up to 10 consecutive school days without triggering full IDEA discipline protections. When cumulative removals exceed 10 school days in a year and constitute a change of placement, the IEP team must conduct a Manifestation Determination Review (MDR) within 10 school days of the decision to remove (34 CFR 300.530(e)). The MDR determines whether the conduct was caused by or had a direct and substantial relationship to the disability, or was the direct result of the district's failure to implement the IEP. If the behavior is a manifestation, the district must return the student to the prior placement (unless parent and district agree otherwise) and must conduct or review an FBA and implement a BIP (34 CFR 300.530(f)). For special circumstances — weapons, drug offenses, or serious bodily injury — a student may be removed to an interim alternative educational setting (IAES) for up to 45 school days regardless of the manifestation determination (34 CFR 300.530(g)). During any removal, the district must continue FAPE so the student can progress toward IEP goals. Arizona's restraint/seclusion statute (A.R.S. § 15-105) applies alongside these federal protections and imposes additional parent notification requirements.
What Arizona Requires
A student with a disability may be removed to an alternative setting for up to 10 consecutive school days per incident without triggering full IDEA discipline protections (34 CFR 300.530(b); per federal baseline applied in AZ).
When removals constitute a change of placement (more than 10 cumulative days or a pattern), the IEP team must conduct a Manifestation Determination Review (MDR) within 10 school days of the removal decision (34 CFR 300.530(e)).
If the behavior is a manifestation of the disability or caused by failure to implement the IEP, the student must be returned to the prior placement and an FBA and BIP must be completed or revised (34 CFR 300.530(f)).
For weapons, drug offenses, or serious bodily injury, the district may remove the student to an IAES for up to 45 school days regardless of the manifestation determination (34 CFR 300.530(g)).
During any removal exceeding 10 school days, the district must continue FAPE in a manner that enables the student to progress toward IEP goals; services begin no later than the 11th school day of removal (34 CFR 300.530(d)).
Key Timelines
MDR must be conducted within 10 school days of any decision to remove a student for more than 10 consecutive school days or any removal constituting a change of placement (34 CFR 300.530(e)).
IAES placements for special circumstances may last up to 45 school days (34 CFR 300.530(g)).
Services enabling progress toward IEP goals must continue beginning by the 11th school day of any removal from current placement (34 CFR 300.530(d)).