IEP Discipline Procedures in California
Can a school suspend or expel a student with an IEP in California?
California's discipline procedures for students with disabilities operate under a dual framework: federal IDEA protections (20 U.S.C. §1415(k); 34 CFR 300.530–300.537) are incorporated by reference through EC 48915.5, and California's own Education Code provisions provide additional protections and limitations. EC 48915.5(a) states explicitly that suspensions and expulsions of students with exceptional needs must comply with federal IDEA law. Manifestation determination reviews (MDR) are required within 10 school days of any decision to change placement for disciplinary reasons (34 CFR 300.530(e)); if the behavior is a manifestation of the disability, the student must be returned to the prior placement and the IEP team must conduct an FBA and implement or revise a BIP. California adds several layers beyond federal law: EC 48900(k) prohibits suspension for willful defiance for students in grades K–5 (permanent, no sunset) and grades 6–12 (through July 1, 2029); students cannot be expelled for behavior that is a manifestation of their disability; and EC 48915.5(b) requires that FAPE continue during any period of suspension or expulsion. Special circumstances under 34 CFR 300.530(g) allow a 45-school-day IAES for weapons, drugs, or serious bodily injury regardless of manifestation.
What California Requires
Suspensions and expulsions of students with exceptional needs must comply with IDEA discipline provisions (20 U.S.C. §1415(k); 34 CFR 300.530–300.537), as incorporated by EC 48915.5(a).
A manifestation determination review (MDR) must be conducted by the IEP team within 10 school days of any decision to change placement due to a violation of the code of conduct (34 CFR 300.530(e)).
If the behavior IS a manifestation of the disability, the student must be returned to the prior placement (unless parent and district agree otherwise), and the IEP team must conduct an FBA and implement or modify a BIP (34 CFR 300.530(f)).
FAPE must continue for students with disabilities during suspensions and expulsions; services must be provided in the interim alternative educational setting (IAES) (EC 48915.5(b); 34 CFR 300.530(d)).
California prohibits suspension for willful defiance (EC 48900(k)) on a tiered basis: grades K–5 have a permanent ban with no sunset date; grades 6–8 and 9–12 are prohibited from suspension for willful defiance through July 1, 2029 — providing broader protection than federal law for all California students with disabilities.
Removal to a 45-school-day IAES is permitted for special circumstances (weapons, illegal drugs, serious bodily injury) regardless of manifestation determination outcome (34 CFR 300.530(g)).
For foster youth, homeless students, and Indian children, EC 48915.5(d)–(f) requires that designated advocates (educational rights holders, homeless liaisons, tribal social workers) be invited to manifestation determination IEP meetings.
Mandatory expulsion offenses under EC 48915 apply to students with disabilities only after the MDR is completed and the behavior is found not to be a manifestation of the disability.
Key Timelines
Manifestation determination review: within 10 school days of any disciplinary change of placement (34 CFR 300.530(e)).
Interim alternative educational setting (IAES) for special circumstances: up to 45 school days (34 CFR 300.530(g)).
After 10 consecutive school days of removal (or a pattern constituting a change of placement), the district must provide FAPE services and conduct or review an FBA/BIP (34 CFR 300.530(b)–(d)).
Expedited due process hearing decision on disciplinary matters: within 20 school days of complaint filing (34 CFR 300.532(c)(2)).