IEP Discipline Procedures in Arkansas
Can a school suspend or expel a student with an IEP in Arkansas?
Arkansas discipline procedures for students with disabilities are governed by Ark. Admin. Code 005.18.10-001, §11.00, implementing IDEA's discipline provisions (34 CFR 300.530-300.536). School personnel may remove a student with a disability for up to 10 school days in a school year without triggering IDEA protections. Beyond 10 cumulative school days, each additional removal constitutes a 'change of placement' triggering IDEA rights including: an FBA and BIP (or review of existing BIP), continued educational services, and a manifestation determination. Manifestation determination must occur within 10 school days of the disciplinary decision. If behavior is determined to be a manifestation of the disability, the student must return to their original placement (unless parent and LEA agree otherwise or the case involves weapons/drugs/serious bodily injury). For weapons, drugs, or serious bodily injury, school personnel may unilaterally place a student in an interim alternative educational setting (IAES) for up to 45 school days, regardless of the manifestation determination outcome. During any removal beyond 10 days, the student must receive educational services to continue participation in the general curriculum and progress toward IEP goals.
What Arkansas Requires
Students with disabilities may be removed for up to 10 school days per year without triggering IDEA discipline protections; beyond 10 cumulative days, an FBA, BIP, and manifestation determination are required (Ark. Admin. Code 005.18.10-001, §11.00; 34 CFR 300.530).
Manifestation determination must be conducted within 10 school days of any decision to change placement for disciplinary reasons (34 CFR 300.530(e)).
If the behavior IS a manifestation, the student must return to their placement unless parent and LEA agree to a change in IEP services or placement (34 CFR 300.530(f)(2)).
School personnel may place a student in an IAES for up to 45 school days for weapons, drugs, or serious bodily injury offenses, regardless of whether the behavior is a manifestation (34 CFR 300.530(g)).
During any removal beyond 10 days, the student must receive educational services to enable continued participation in the general curriculum and progress toward IEP goals (34 CFR 300.530(d)).
A hearing officer may order placement in an IAES for up to 45 school days if maintaining the current placement poses a substantial likelihood of injury (34 CFR 300.532).
Key Timelines
Students may be removed for up to 10 school days without triggering IDEA protections (34 CFR 300.530(b)).
Manifestation determination meeting must occur within 10 school days of the disciplinary decision (34 CFR 300.530(e)).
IAES placement for weapons/drugs/serious bodily injury may last up to 45 school days (34 CFR 300.530(g)).
FBA must be conducted and BIP implemented within 10 school days of a manifestation determination (34 CFR 300.530(f)(1)).