IEP Discipline Procedures in Illinois
Can a school suspend or expel a student with an IEP in Illinois?
Illinois discipline procedures for students with disabilities are governed by the interplay of federal IDEA (34 CFR 300.530–300.536), 23 IAC §226.400, and Illinois-specific provisions in 105 ILCS 5/10-22.6 and 105 ILCS 5/14-8.05. Under 23 IAC §226.400, whenever a student with a disability faces potential expulsion or cumulative suspension exceeding 10 school days in a year, the district must convene an IEP team meeting to review or develop a Behavioral Intervention Plan. The federal MDR timeline of 10 school days from the change-of-placement decision applies (34 CFR 300.530). Illinois adds a state-specific requirement under 105 ILCS 5/10-22.6(b-25) that students suspended out-of-school for longer than 3 school days must receive appropriate and available support services during the suspension period (the statute does not require the days to be consecutive). Expulsion under Illinois law may last up to 2 calendar years (105 ILCS 5/10-22.6), but students with IEPs must continue to receive FAPE in an alternative setting throughout expulsion, regardless of whether the behavior was a manifestation of the disability (34 CFR 300.530(d)). An expelled student with an IEP may be immediately transferred to an alternative program, and transfer may not be denied based solely on the expulsion (105 ILCS 5/10-22.6). IDEA special circumstances authorizing 45-school-day removal to an interim alternative educational setting (IAES) without prior MDR — for weapons, illegal drugs, or serious bodily injury — apply in Illinois by operation of 23 IAC §226.400's incorporation of 34 CFR 300.530(g).
What Illinois Requires
IEP team must convene to review or develop a BIP upon any act that may result in expulsion or cumulative suspension exceeding 10 school days in one school year (23 IAC §226.400)
Manifestation Determination Review (MDR) must occur within 10 school days of any disciplinary change of placement (34 CFR 300.530; 23 IAC §226.400)
If behavior is a manifestation: student returned to prior placement, FBA conducted, and BIP implemented or revised (34 CFR 300.530(e)–(f))
If behavior is not a manifestation: district may discipline as with non-disabled students but must continue providing FAPE in an alternative setting (34 CFR 300.530(d); 23 IAC §226.400)
Students suspended out-of-school for longer than 3 school days must receive appropriate and available support services during the suspension period (105 ILCS 5/10-22.6(b-25); days need not be consecutive)
Expulsion may last up to 2 calendar years under Illinois law; student with IEP continues to receive FAPE throughout any expulsion (105 ILCS 5/10-22.6; 34 CFR 300.530(d))
Expelled student with IEP may be transferred immediately to an alternative program; transfer cannot be denied based on expulsion alone (105 ILCS 5/10-22.6)
45-school-day IAES placement authorized without MDR for weapons, illegal drugs, or serious bodily injury at school or school events (34 CFR 300.530(g); 23 IAC §226.400)
Key Timelines
10 school days from change-of-placement decision: MDR must be conducted (34 CFR 300.530; 23 IAC §226.400)
45 school days maximum: IAES placement for weapons, drugs, or serious bodily injury special circumstances (34 CFR 300.530(g))
Longer than 3 school days of out-of-school suspension: support services must be provided (105 ILCS 5/10-22.6(b-25))
Up to 2 calendar years: maximum expulsion duration in Illinois (105 ILCS 5/10-22.6)