IEP Discipline Procedures in Maryland
Can a school suspend or expel a student with an IEP in Maryland?
Maryland's discipline procedures for students with disabilities are governed by COMAR 13A.05.01.10, COMAR 13A.08.01, and Md. Code Ann., Ed. § 7-305, which incorporate and supplement federal IDEA discipline requirements (34 CFR 300.530–300.536). Maryland's Education Article § 7-305 provides specific procedural requirements for student suspensions, including requirements for written notice to parents and the opportunity for the student to be heard. School personnel may remove a student with a disability for up to 10 consecutive school days for violations of the code of student conduct without triggering IDEA change-of-placement protections (34 CFR 300.530(b)). For removals beyond 10 cumulative school days in a school year that constitute a pattern (change of placement), the LEA must conduct a Manifestation Determination Review (MDR) within 10 school days of the removal decision (34 CFR 300.530(e)). The MDR team — which includes the parent, LEA representative, and relevant members of the IEP team — determines whether the behavior was caused by or had a direct and substantial relationship to the disability, or resulted from a failure to implement the IEP. If the behavior is a manifestation of the disability, the student must be returned to the placement from which removal occurred (unless parent and LEA agree otherwise), an FBA must be conducted (if not already done), and a BIP must be developed or revised (34 CFR 300.530(f)). If the behavior is not a manifestation, the student may be disciplined the same as nondisabled students, but must continue to receive educational services enabling participation in the general curriculum and progress toward IEP goals (34 CFR 300.530(d)). Maryland allows Interim Alternative Educational Settings (IAES) for up to 45 school days for weapons, controlled substances, or serious bodily injury (34 CFR 300.530(g)). Under Md. Code Ann., Ed. § 7-305, before a student is suspended for more than 10 school days, the school must provide the student an opportunity to be heard and give written notice to parents. Maryland also enacted the Restorative Approaches in Schools Act (Md. Code Ann., Ed. § 7-306.1), encouraging LEAs to implement restorative practices as alternatives to exclusionary discipline. Maryland's Student Code of Conduct regulations (COMAR 13A.08.01) provide additional procedural protections for all students.
What Maryland Requires
Students with disabilities may be removed for up to 10 consecutive school days for code of conduct violations without triggering IDEA protections (34 CFR 300.530(b)).
A Manifestation Determination Review (MDR) must be conducted within 10 school days of any decision to change placement for disciplinary reasons, by a team including the parent, LEA representative, and relevant IEP team members (34 CFR 300.530(e)).
If behavior is a manifestation of the disability, the student must be returned to the prior placement (unless parent and LEA agree otherwise) and an FBA/BIP must be conducted or revised (34 CFR 300.530(f)).
During any removal beyond 10 school days, educational services must continue so the student can progress in the general curriculum and toward IEP goals (34 CFR 300.530(d)).
Interim Alternative Educational Settings for up to 45 school days are permitted for weapons, controlled substances, or serious bodily injury (34 CFR 300.530(g)).
Before suspension exceeding 10 school days, the student must be given the opportunity to be heard and parents must receive written notice (Md. Code Ann., Ed. § 7-305).
Maryland encourages restorative practices as alternatives to exclusionary discipline under the Restorative Approaches in Schools Act (Md. Code Ann., Ed. § 7-306.1).
Maryland's Student Code of Conduct regulations (COMAR 13A.08.01) provide additional procedural protections for all students subject to disciplinary action.
Key Timelines
MDR must be held within 10 school days of a decision to change placement (34 CFR 300.530(e)).
Short-term suspensions: up to 10 consecutive school days without triggering IDEA 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 due process hearing decisions must be issued within 20 school days of filing, with a decision within 10 school days of completion (34 CFR 300.532(c)).
Educational services must continue during removals constituting a change of placement (34 CFR 300.530(d)).
Sources
Related IEP Guides
School Suspension and Your Child's IEP: The 10-Day Rule Explained
Understand the 10-day suspension rule under IDEA, what counts toward the limit, when FAPE services must continue, and what a "change of placement" triggers.
Manifestation Determination Review: What Parents Need to Know
When a child with an IEP faces suspension or expulsion, the school must hold an MDR. Learn what it is, how it works, and how to fight for your child.
Expelled with an IEP: Your Child Still Has Rights
Learn what happens when a child with an IEP is expelled, why FAPE does not end at the school door, and what alternative placement the district must provide.