IEP Discipline Procedures in Iowa
Can a school suspend or expel a student with an IEP in Iowa?
Iowa's discipline procedures for students with disabilities under 281 IAC 41.530–41.537 mirror federal IDEA Part B requirements (34 CFR 300.530–300.537). School personnel may remove a student with a disability for up to 10 consecutive school days for a violation of the school's code of conduct to the same extent as students without disabilities. For removals of more than 10 school days (or a pattern of removals constituting a change of placement), a manifestation determination review (MDR) must be conducted within 10 school days (281 IAC 41.530; 34 CFR 300.530). The MDR team must determine: (1) whether the conduct was caused by, or had a direct and substantial relationship to, the student's disability; and (2) whether it was a direct result of the LEA's failure to implement the IEP. If the behavior is a manifestation, the LEA must conduct an FBA and implement a BIP (or review/modify an existing one), and return the student to their prior placement unless the parent and LEA agree otherwise. Iowa's special circumstances rule allows removal to an interim alternative educational setting (IAES) for up to 45 school days for weapons, drugs, and infliction of serious bodily injury, regardless of manifestation determination (281 IAC 41.530(g); 34 CFR 300.530(g)). The student must continue to receive FAPE during any removal beyond 10 school days (281 IAC 41.530(d)).
What Iowa Requires
Students with disabilities may be removed for up to 10 consecutive school days without triggering IDEA discipline protections; a change of placement occurs when removal exceeds 10 consecutive days or a pattern of shorter removals adds up to more than 10 days (281 IAC 41.530; 34 CFR 300.530).
An MDR must be conducted within 10 school days of a decision to change placement for disciplinary reasons; the team must determine whether behavior was caused by or substantially related to the disability, or was a direct result of failure to implement the IEP (281 IAC 41.530(e); 34 CFR 300.530(e)).
If the MDR determines behavior is a manifestation: LEA must conduct/review FBA and implement/revise BIP, and return student to their prior placement unless otherwise agreed by parent and LEA or a hearing officer orders otherwise (281 IAC 41.530(f); 34 CFR 300.530(f)).
For weapons, drugs, or serious bodily injury, school personnel may place a student in an IAES for up to 45 school days regardless of whether the behavior is a manifestation of the disability (281 IAC 41.530(g); 34 CFR 300.530(g)).
During all removals beyond 10 school days in a year, the student must continue to receive FAPE including services to enable continued progress in the general curriculum and toward IEP goals (281 IAC 41.530(d); 34 CFR 300.530(d)).
An expedited due process hearing may be requested when a parent disagrees with a placement decision following disciplinary removal (281 IAC 41.535; 34 CFR 300.532).
Key Timelines
MDR must be conducted within 10 school days of a decision to change placement (281 IAC 41.530(e); 34 CFR 300.530(e)).
IAES placements for special circumstances may last up to 45 school days (281 IAC 41.530(g)).
Expedited due process hearings must be resolved in 45 calendar days without exceptions (34 CFR 300.532(c)).