IEP Discipline Procedures in Maine
Can a school suspend or expel a student with an IEP in Maine?
Maine discipline procedures for students with disabilities incorporate federal IDEA protections (34 CFR 300.530-300.536) as implemented in MUSER Ch. 101 § XII. School personnel may remove a student with a disability for up to 10 consecutive school days for code of conduct violations without triggering a change of placement. When removals constitute a change of placement (more than 10 cumulative school days that form a pattern), a manifestation determination review (MDR) must be conducted within 10 school days. If the behavior is a manifestation of the disability, the student must be returned to the prior placement (unless the parent and SAU agree otherwise), and an FBA must be conducted and a BIP developed or reviewed. Maine aligns with federal IDEA timelines for MDR, interim alternative educational settings (IAES), and expedited due process hearings. Maine SAUs must continue to provide educational services during disciplinary removals that constitute a change of placement. Maine's restraint and seclusion statute (20-A M.R.S. § 4502-A) adds additional behavioral incident reporting and procedural requirements that interact with the discipline framework.
What Maine Requires
Students with disabilities may be removed for up to 10 consecutive school days for code of conduct violations without triggering IDEA change-of-placement protections (34 CFR 300.530(b); MUSER Ch. 101 § XII).
A manifestation determination review (MDR) must be conducted within 10 school days of any decision to change placement for disciplinary reasons (34 CFR 300.530(e); MUSER Ch. 101 § XII(3)).
If the behavior is a manifestation of the disability, the student must be returned to the prior placement and an FBA/BIP must be conducted or reviewed (34 CFR 300.530(f); MUSER Ch. 101 § XII(3)(d)).
Interim alternative educational settings of up to 45 school days are permitted for weapons, drugs, or serious bodily injury (34 CFR 300.530(g); MUSER Ch. 101 § XII).
Educational services must continue during removals that constitute a change of placement (34 CFR 300.530(d); MUSER Ch. 101 § XII).
Maine's restraint and seclusion law (20-A M.R.S. § 4502-A) requires documentation and notification of physical restraint and seclusion incidents, which may trigger additional IEP team review obligations.
Key Timelines
MDR must be held within 10 school days of a decision to change placement for disciplinary reasons (34 CFR 300.530(e); MUSER Ch. 101 § XII(3)).
Short-term suspensions: up to 10 consecutive school days without triggering change-of-placement protections (34 CFR 300.530(b)).
IAES for weapons/drugs/serious bodily injury: up to 45 school days (34 CFR 300.530(g)).
Expedited hearing decision must be issued within 10 school days of the hearing (34 CFR 300.532(c)(2)).
Educational services must continue from day one of any removal that constitutes a change of placement (34 CFR 300.530(d)).