IEP Discipline Procedures in Indiana
Can a school suspend or expel a student with an IEP in Indiana?
Indiana's discipline procedures for students with disabilities are governed by 511 IAC 7-44. School personnel may remove a student with a disability for up to 10 instructional days per school year for violations of the student conduct code without triggering IDEA's additional protections (511 IAC 7-44-1). When a removal constitutes a disciplinary change of placement, the Case Conference Committee (CCC) must meet within 10 instructional days to conduct a Manifestation Determination Review (MDR) under 511 IAC 7-44-5. The MDR determines whether the student's behavior was caused by or had a direct and substantial relationship to the disability, or was the direct result of the public agency's failure to implement the IEP. If the behavior is a manifestation, the student must be returned to the prior placement (unless the parent and district agree otherwise or the Interim Alternative Educational Setting (IAES) applies), and the CCC must conduct or review an FBA and develop or revise a BIP. If the behavior is not a manifestation, the student may be disciplined as any student, but must continue to receive educational services. Under 511 IAC 7-44-3, an IAES of up to 45 school days is available for weapons, drugs, or serious bodily injury regardless of manifestation status. The student must continue to receive services and progress toward IEP goals in any IAES. IC 20-33-8-34 provides additional state-law protections for students with disabilities facing disciplinary action.
What Indiana Requires
Students with disabilities may be removed for up to 10 instructional days per year without triggering IDEA protections or requiring a CCC meeting (511 IAC 7-44-1; 34 CFR 300.530(b)).
A Manifestation Determination Review must be conducted by the CCC within 10 instructional days of any decision to change placement for disciplinary reasons (511 IAC 7-44-5).
If behavior is a manifestation of the disability, the student must be returned to prior placement, and the CCC must conduct or review an FBA and develop or revise a BIP (511 IAC 7-44-5; 34 CFR 300.530(f)).
If the behavior is not a manifestation, the student may be disciplined as a nondisabled student, but must continue to receive educational services enabling progress in the general curriculum and toward IEP goals (511 IAC 7-44-5; 34 CFR 300.530(d)).
An IAES of up to 45 school days may be ordered for weapons, drugs, or serious bodily injury regardless of manifestation status (511 IAC 7-44-3; 34 CFR 300.530(g)).
IC 20-33-8-34 provides additional state-law protections for students with disabilities subject to disciplinary action.
Key Timelines
MDR must be held within 10 instructional days of a decision to change placement for disciplinary reasons (511 IAC 7-44-5).
Up to 10 instructional days total per year: short-term removals without change of placement (511 IAC 7-44-1).
IAES for weapons/drugs/serious bodily injury: up to 45 school days (511 IAC 7-44-3).
Expedited due process hearings follow timelines under 511 IAC 7-45-6 for disputed IAES placements — decision within 20 school days (34 CFR 300.532).