IEP Discipline Procedures in Georgia
Can a school suspend or expel a student with an IEP in Georgia?
Georgia's discipline procedures for students with disabilities are governed by Ga. Comp. R. & Regs. 160-4-7-.10, adopted under authority of O.C.G.A. §§ 20-2-152; 20-2-240; 20-2-735; 20-2-736; 20-2-738; 20-2-741; and 20-2-750 through 20-2-766.1, which incorporates all IDEA protections. School personnel may remove a student with a disability for up to 10 consecutive school days (and additional short-term removals for separate incidents not constituting a change of placement) without triggering the full IDEA protections. Once cumulative removals reach 10 school days in a year, the LEA must provide FAPE-consistent services during any subsequent removal. A Manifestation Determination Review (MDR) must be conducted within 10 school days of any decision to change placement due to a code of conduct violation; the MDR team — the LEA, parent, and relevant IEP Team members — determines whether the conduct was caused by, or had a direct and substantial relationship to, the child's disability, or was the direct result of the LEA's failure to implement the IEP. If the behavior is a manifestation, the IEP Team must conduct an FBA (unless already done) and implement or revise a BIP, and return the child to the original placement unless the parent and LEA agree otherwise. Regardless of manifestation, students may be removed to an interim alternative educational setting (IAES) for up to 45 school days for weapons, illegal drugs, or serious bodily injury. Georgia requires that parents and the student receive notice of discipline rules upon entry into special education and at each annual IEP review. O.C.G.A. § 20-2-768 governs expulsion for felonies; all IDEA protections remain intact for students with IEPs.
What Georgia Requires
Georgia discipline procedures for students with disabilities are governed by Ga. Comp. R. & Regs. 160-4-7-.10 (authority: O.C.G.A. §§ 20-2-152; 20-2-735 through 20-2-766.1).
Students with IEPs may be removed for up to 10 consecutive school days (and for additional short-term removals for separate incidents) without constituting a change of placement (Ga. Comp. R. & Regs. 160-4-7-.10(2)(b); 34 CFR §300.530(b)).
After 10 cumulative school days of removal in a school year, the LEA must provide FAPE-consistent educational services during any subsequent removal (Ga. Comp. R. & Regs. 160-4-7-.10(2)(c); 34 CFR §300.530(b)(2)).
A Manifestation Determination Review must be conducted within 10 school days of any decision to change placement due to a code of conduct violation (Ga. Comp. R. & Regs. 160-4-7-.10(3)(a); 34 CFR §300.530(e)).
If the behavior is a manifestation, the IEP Team must conduct or review an FBA, implement or revise a BIP, and return the child to the original placement unless parent and LEA agree to a change (Ga. Comp. R. & Regs. 160-4-7-.10(4); 34 CFR §300.530(f)).
If the behavior is NOT a manifestation, disciplinary procedures may be applied as for students without disabilities, but educational services must continue to allow participation in the general curriculum and progress toward IEP goals (Ga. Comp. R. & Regs. 160-4-7-.10(2)(d)-(e)).
Regardless of manifestation, removal to an IAES for up to 45 school days is permitted for weapons, illegal drugs, or serious bodily injury; the IAES is determined by the IEP Team (Ga. Comp. R. & Regs. 160-4-7-.10(5); 34 CFR §300.530(g)).
Parents must be notified on the date of any decision to remove a student in a manner constituting a change of placement, and must receive the procedural safeguards notice (Ga. Comp. R. & Regs. 160-4-7-.10(6); 34 CFR §300.530(h)).
Georgia requires that parents and the student receive notice of disability-specific discipline rules upon entry into special education and at each annual IEP review (Ga. Comp. R. & Regs. 160-4-7-.10(1)(b)).
Students not yet identified as having a disability may assert IDEA protections if the LEA had prior knowledge of the disability before the disciplinary action (Ga. Comp. R. & Regs. 160-4-7-.10(10); 34 CFR §300.534).
Key Timelines
10 consecutive school days: maximum short-term removal before change-of-placement protections apply (Ga. Comp. R. & Regs. 160-4-7-.10(2)(b)).
10 school days cumulative: after this threshold, FAPE services required during any subsequent removal in same school year (Ga. Comp. R. & Regs. 160-4-7-.10(2)(c)).
10 school days: Manifestation Determination Review must be conducted within 10 school days of the decision to change placement for disciplinary reasons (Ga. Comp. R. & Regs. 160-4-7-.10(3)(a)).
45 school days: maximum IAES placement for weapons, drugs, or serious bodily injury, regardless of manifestation determination (Ga. Comp. R. & Regs. 160-4-7-.10(5)(a)).
20 school days: expedited due process hearing must occur within 20 school days of complaint filing for disciplinary appeals (Ga. Comp. R. & Regs. 160-4-7-.10(8)(d)(1); 34 CFR §300.531(c)(2)).
7 days: expedited resolution meeting must occur within 7 days of the due process complaint for disciplinary disputes (Ga. Comp. R. & Regs. 160-4-7-.10(8)(d)(2)(i)).
Same day: parents must be notified of any removal decision constituting a change of placement (Ga. Comp. R. & Regs. 160-4-7-.10(6)(a)).