IEP Discipline Procedures in Florida
Can a school suspend or expel a student with an IEP in Florida?
Florida's discipline procedures for students with disabilities are governed by FAC 6A-6.03312, implementing F.S. §1003.571 and federal IDEA at 34 CFR §§300.530-300.536. School personnel may remove a student with a disability from the current placement for not more than 10 consecutive school days for a code of student conduct violation; removal beyond 10 cumulative school days in a year that constitutes a pattern triggers IDEA protections (FAC 6A-6.03312; 34 CFR §300.530). A Manifestation Determination Review (MDR) must occur within 10 school days of any decision to change placement for disciplinary reasons; the IEP team must determine whether the conduct was caused by or had a direct and substantial relationship to the disability, or was a direct result of the district's failure to implement the IEP (FAC 6A-6.03312). Florida also requires threat assessment teams at every public school under F.S. §1006.07(7), which must assess every potential threat using a Florida-specific behavioral threat assessment instrument and coordinate mental health referrals and intervention services. Zero-tolerance policies under F.S. §1006.13 explicitly require that when a student committing a listed offense is a student with a disability, the district school board must comply with applicable State Board of Education rules — meaning IDEA protections apply and automatic expulsion mandates do not override ESE procedural requirements (F.S. §1006.13(3)).
What Florida Requires
School personnel may remove an ESE student for not more than 10 consecutive school days for a code of student conduct violation without triggering IDEA change-of-placement protections (FAC 6A-6.03312; 34 CFR §300.530(b))
Removals exceeding 10 consecutive days, or a series of removals forming a pattern totaling more than 10 school days in a year, constitute a change of placement requiring MDR (FAC 6A-6.03312; 34 CFR §300.530(a)-(b))
MDR must be conducted within 10 school days of any decision to change placement for disciplinary reasons; participants are the district, the parent, and relevant IEP team members (FAC 6A-6.03312; 34 CFR §300.530(e))
If conduct is found to be a manifestation of the disability, the district must conduct or review an FBA, implement or modify a BIP, and return the student to the original placement unless the parent and district agree otherwise (FAC 6A-6.03312; 34 CFR §300.530(f))
If conduct is not a manifestation, the district may impose discipline as it would for a non-disabled student, but must continue to provide educational services (FAC 6A-6.03312; 34 CFR §300.530(c))
Students may be placed in an IAES for up to 45 school days, regardless of manifestation determination, for weapons possession, illegal drug possession or sale, or inflicting serious bodily injury at school or a school function (FAC 6A-6.03312; 34 CFR §300.530(g))
Educational services must continue during any removal; the ESE student must be able to continue to participate in the general curriculum and progress toward IEP goals (FAC 6A-6.03312; 34 CFR §300.530(d))
Expedited due process hearings must occur within 20 school days of the hearing request; the ALJ must issue a decision within 10 school days after the hearing (FAC 6A-6.03312; 34 CFR §300.532)
Each Florida public school must establish a threat assessment team with expertise in counseling, instruction, administration, and law enforcement (F.S. §1006.07(7))
Threat assessment teams must use the Florida-specific behavioral threat assessment instrument and refer students to mental health services as appropriate (F.S. §1006.07(7))
Zero-tolerance policies (F.S. §1006.13) require that when a student with a disability commits a listed offense, the district must comply with applicable State Board of Education rules; IDEA procedural protections apply and automatic expulsion mandates do not override ESE requirements (F.S. §1006.13(3))
Key Timelines
MDR must be conducted within 10 school days of any decision to change placement for disciplinary reasons (FAC 6A-6.03312; 34 CFR §300.530(e))
IAES placement may last up to 45 school days for weapons, drugs, or serious bodily injury — regardless of manifestation determination (FAC 6A-6.03312; 34 CFR §300.530(g))
Expedited due process hearing must occur within 20 school days of the hearing request (FAC 6A-6.03312; 34 CFR §300.532(c))
ALJ must issue a decision within 10 school days after the expedited hearing (FAC 6A-6.03312; 34 CFR §300.532(c))