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 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. 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. For removals beyond 10 cumulative school days in a school year that constitute a change of placement, the LEA must conduct a Manifestation Determination Review (MDR) within 10 school days of the decision (34 CFR 300.530(e)). The MDR determines whether the behavior was caused by or substantially related to the disability, or resulted from a failure to implement the IEP. If behavior is a manifestation, the student must be returned to their prior placement (unless parent and district agree otherwise), an FBA must be conducted, and a BIP must be developed or revised. Maryland law requires that during any exclusion exceeding 10 school days, the LEA must continue to provide educational services that enable the child to continue to participate in the general education 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, drugs, or serious bodily injury. Under Md. Code Ann., Ed. § 7-305, before a student is suspended for 10 or more consecutive days, the school must give the student the opportunity to be heard and provide written notice to parents.
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 (34 CFR 300.530(e)).
If behavior is a manifestation of the disability, the student must be returned to the prior placement 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, drugs, or serious bodily injury (34 CFR 300.530(g)).
Before suspension of 10 or more consecutive days, the student must be given the opportunity to be heard and parents must receive written notice (Md. Code Ann., Ed. § 7-305).
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, decision within 10 school days of completion (34 CFR 300.532(c)).
Educational services must begin within 10 school days when a removal constitutes a change of placement (34 CFR 300.530(d)).