IEP Discipline Procedures in Delaware
Can a school suspend or expel a student with an IEP in Delaware?
Delaware disciplinary procedures for students with disabilities follow federal IDEA requirements as implemented through 14 Del. Admin. Code 925 § 15.0. School personnel may remove a student with a disability for up to 10 school days per year without IDEA protections (short-term removal). For removals beyond 10 cumulative school days in a year, the school must provide services enabling the student to continue to participate in the general curriculum and progress toward IEP goals. A Manifestation Determination Review (MDR) must occur within 10 school days of a decision to impose a disciplinary removal for more than 10 school days or a change of placement (14 Del. Admin. Code 925 § 15.4). If the behavior is a manifestation of the disability, the student must be returned to the current placement (unless the parent and school agree otherwise), and the IEP team must address the behavior through an FBA and BIP. Delaware permits 45-school-day removals to an Interim Alternative Educational Setting (IAES) for weapons, drugs, or serious bodily injury without an MDR (14 Del. Admin. Code 925 § 15.3).
What Delaware Requires
For removals up to 10 cumulative school days per year, no special IDEA protections are triggered; beyond 10 days, services must continue (14 Del. Admin. Code 925 § 15.1; 34 CFR 300.530).
A Manifestation Determination Review (MDR) must be held within 10 school days of a decision to impose a disciplinary change of placement (14 Del. Admin. Code 925 § 15.4; 34 CFR 300.530(e)).
If the behavior IS a manifestation of the disability, the student must be returned to the current placement (unless parent and school agree otherwise), and the IEP team must conduct or review an FBA and implement or revise a BIP (14 Del. Admin. Code 925 § 15.4; 34 CFR 300.530(f)).
If the behavior is NOT a manifestation, the student may be disciplined in the same manner as nondisabled students, but services enabling continued educational progress must continue (14 Del. Admin. Code 925 § 15.5; 34 CFR 300.530(c)).
School personnel may unilaterally place a student in an IAES for up to 45 school days for weapons, drugs, or serious bodily injury, regardless of whether the behavior is a manifestation (14 Del. Admin. Code 925 § 15.3; 34 CFR 300.530(g)).
Key Timelines
MDR must occur within 10 school days of the disciplinary decision imposing a change of placement (14 Del. Admin. Code 925 § 15.4; 34 CFR 300.530(e)(1)).
Services must begin no later than the 11th cumulative school day of removal in a school year (14 Del. Admin. Code 925 § 15.1; 34 CFR 300.530(b)(2)).
IAES placements for weapons/drugs/serious bodily injury may last up to 45 school days; a hearing officer may extend the IAES placement if return would pose a substantial likelihood of injury (14 Del. Admin. Code 925 § 15.3).