IEP Discipline Procedures in Kansas
Can a school suspend or expel a student with an IEP in Kansas?
Kansas discipline procedures for students with disabilities follow federal IDEA requirements as implemented through K.A.R. 91-40-25. School personnel may remove a student with a disability for up to 10 school days per year without triggering IDEA's special procedures. Beyond 10 cumulative days, a removal constituting a change of placement triggers the requirement for a manifestation determination review (MDR). The MDR must be conducted within 10 school days of the decision to change placement (K.A.R. 91-40-25; 34 CFR 300.530). If the conduct was caused by the disability or resulted directly from the district's failure to implement the IEP, it is a manifestation: the student must return to the prior placement (unless the parent agrees to a change), and the IEP team must conduct or review an FBA and implement a BIP. If not a manifestation, the student may be disciplined as nondisabled students would be, but educational services must continue. Kansas schools may remove a student to an interim alternative educational setting (IAES) for up to 45 school days for weapons, drugs, or serious bodily injury offenses, regardless of manifestation (K.A.R. 91-40-25; 34 CFR 300.530(g)). Educational services must be provided from day one for any removal exceeding 10 school days (K.A.R. 91-40-25; 34 CFR 300.530(d)).
What Kansas Requires
Removals of 10 or fewer cumulative school days per year do not require special IDEA procedures; educational services need not continue during these short-term removals (K.A.R. 91-40-25; 34 CFR 300.530(a)-(b)).
A disciplinary change of placement triggers a manifestation determination review (MDR) within 10 school days (K.A.R. 91-40-25; 34 CFR 300.530(e)).
If the conduct is a manifestation of the disability, the student returns to the prior placement, and the IEP team must conduct or review an FBA and implement or revise the BIP (K.A.R. 91-40-25; 34 CFR 300.530(f)).
Educational services must be provided to students with disabilities beginning on day 11 of any disciplinary removal, enabling progress toward IEP goals (K.A.R. 91-40-25; 34 CFR 300.530(d)).
Schools may place a student in an IAES for up to 45 school days for weapons, drugs, or serious bodily injury — regardless of whether the conduct is a manifestation (K.A.R. 91-40-25; 34 CFR 300.530(g)).
Expedited due process hearings are available for discipline disputes within 20 school days of filing (K.A.R. 91-40-44; 34 CFR 300.532).
Key Timelines
MDR must be conducted within 10 school days of the decision to impose a change of placement (K.A.R. 91-40-25; 34 CFR 300.530(e)).
FBA must be conducted and BIP implemented within 10 school days after an MDR finding of manifestation (K.A.R. 91-40-25; 34 CFR 300.530(f)).
Educational services must begin from day 11 of any disciplinary removal (K.A.R. 91-40-25; 34 CFR 300.530(d)).
IAES placement may last up to 45 school days for weapons, drugs, or serious bodily injury offenses (34 CFR 300.530(g)).
Expedited due process hearing decision must be issued within 45 calendar days of the hearing request, without exceptions (34 CFR 300.532(c)).