IEP Discipline Procedures in Louisiana
Can a school suspend or expel a student with an IEP in Louisiana?
Louisiana special education discipline procedures follow IDEA requirements as implemented in Bulletin 1706, §§530–534. Students with exceptionalities may be removed from their placement for disciplinary reasons; however, a removal exceeding 10 cumulative school days in a school year constitutes a 'change of placement' and triggers enhanced protections. A Manifestation Determination Review (MDR) must be conducted within 10 school days of any disciplinary decision resulting in a change of placement. The MDR team — including the LEA representative, parent, and relevant IEP team members — must determine: (1) whether the conduct was caused by or substantially related to the disability; or (2) whether the conduct was the direct result of the LEA's failure to implement the IEP. If the conduct is a manifestation, the student must be returned to their prior placement unless the parent and LEA agree to a change of placement. Protections also extend to students not yet formally identified as eligible if the LEA had 'prior knowledge' that the student may have a disability (Bulletin 1706, §534(A)). Students with disabilities must continue receiving FAPE during disciplinary removals exceeding 10 days.
What Louisiana Requires
A Manifestation Determination Review must be conducted within 10 school days of any disciplinary removal that constitutes a change of placement (Bulletin 1706, §530(E)).
Bulletin 1706, §530(E)
A change of placement occurs when a student is removed for more than 10 consecutive days or when a series of short-term removals cumulatively exceed 10 school days and constitute a pattern (Bulletin 1706, §530).
Bulletin 1706, §530
Students whose conduct is determined to be a manifestation of their disability must be returned to their prior placement unless the parent and LEA agree to a change as part of the FBA/BIP process (Bulletin 1706, §530(F)).
Bulletin 1706, §530(F)
Protections extend to students not yet identified as eligible if the LEA had prior knowledge of a potential disability before the conduct occurred (Bulletin 1706, §534(A)–(B)).
Bulletin 1706, §534(A)–(B)
Students with disabilities must continue to receive FAPE during disciplinary removals exceeding 10 school days, delivered in an alternative setting as needed (Bulletin 1706, §530).
Bulletin 1706, §530
Key Timelines
MDR must occur within 10 school days of a disciplinary decision resulting in a change of placement (Bulletin 1706, §530(E)).
FAPE must continue from day 11 of cumulative disciplinary removal (Bulletin 1706, §530).
FBA must be completed and BIP implemented or reviewed within 10 school days of a change of placement (Bulletin 1706, §530).