IEP Discipline Procedures in Idaho
Can a school suspend or expel a student with an IEP in Idaho?
Idaho discipline procedures for students with disabilities are governed by IDAPA 08.02.03.140-08.02.03.147, implementing federal IDEA protections (34 CFR 300.530-300.536). School personnel may remove a student with a disability for up to 10 consecutive school days for violations of the student code of conduct without a change of placement. Removals beyond 10 cumulative school days in a school year that constitute a pattern (change of placement) trigger a manifestation determination review (MDR) within 10 school days. If the behavior is determined to be a manifestation of the student's disability, the student must be returned to the prior placement (unless parent and district agree otherwise), and an FBA must be conducted and a behavior intervention plan (BIP) developed or reviewed. Idaho law also requires schools to comply with the Idaho Pupil Discipline Act (Idaho Code §§ 33-512 and 33-205), which governs the general discipline process for all students. Interim alternative educational settings (IAES) of up to 45 school days are permitted for weapons, drugs, or serious bodily injury. Students removed to an IAES must continue to receive educational services enabling them to continue to participate in the general education curriculum and progress toward IEP goals.
What Idaho Requires
Students with disabilities may be removed for up to 10 consecutive school days for code of conduct violations without triggering IDEA change-of-placement protections (IDAPA 08.02.03.140; 34 CFR 300.530(b)).
A manifestation determination review (MDR) must be conducted within 10 school days of any decision to change placement for disciplinary reasons (IDAPA 08.02.03.145; 34 CFR 300.530(e)).
If the behavior is a manifestation of the disability, the student must be returned to the prior placement and an FBA/BIP must be conducted or reviewed (IDAPA 08.02.03.145; 34 CFR 300.530(f)).
Interim alternative educational settings for up to 45 school days are permitted for weapons, drugs, or serious bodily injury offenses (IDAPA 08.02.03.143; 34 CFR 300.530(g)).
During any removal, including suspension, students must continue to receive special education services to continue progress in the general curriculum and toward IEP goals (IDAPA 08.02.03.141; 34 CFR 300.530(d)).
General Idaho school discipline requirements under Idaho Code § 33-512 apply to all students; IDEA's additional protections layer on top for students with disabilities.
Key Timelines
MDR must be held within 10 school days of a decision to change placement for disciplinary reasons (IDAPA 08.02.03.145; 34 CFR 300.530(e)).
Short-term suspensions: up to 10 consecutive school days without triggering change-of-placement protections (IDAPA 08.02.03.140; 34 CFR 300.530(b)).
IAES for weapons/drugs/serious bodily injury: up to 45 school days (IDAPA 08.02.03.143; 34 CFR 300.530(g)).
Expedited hearing decision must be issued within 10 school days of the hearing when a parent challenges an IAES placement (IDAPA 08.02.03.146; 34 CFR 300.532(c)).