IEP Discipline Procedures in Massachusetts
Can a school suspend or expel a student with an IEP in Massachusetts?
Students with IEPs in Massachusetts are protected by both federal IDEA discipline requirements (34 CFR §§ 300.530-300.537) and state student discipline regulations under 603 CMR 53.00 (Student Discipline) and M.G.L. c. 71, §§ 37H, 37H½, and 37H¾. Federal protections are paramount: a manifestation determination review (MDR) is required within 10 school days of any disciplinary removal constituting a change of placement, and schools must continue to provide FAPE during any removal exceeding 10 school days. Massachusetts state law adds a 90-school-day annual cap on long-term suspensions (603 CMR 53.02), and 603 CMR 53.13 requires that all students suspended for more than 10 consecutive days — including those with IEPs — receive education services and the opportunity to make academic progress during the removal period.
What Massachusetts Requires
A manifestation determination review (MDR) must be conducted by the LEA, parent, and relevant IEP Team members within 10 school days of any decision to remove a student with a disability in a manner that constitutes a change of placement; if the behavior is a manifestation of the disability, the district must conduct or update a Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP) and return the student to the original placement unless the parent and district agree otherwise (34 CFR § 300.530, implemented in Massachusetts through M.G.L. c. 71B and 603 CMR 28.00).
Schools must continue to provide FAPE to students with IEPs during any disciplinary removal exceeding 10 school days, either in the current placement or in an interim alternative educational setting (IAES); FAPE must be sufficient to allow the student to continue participating in the general curriculum and progress toward IEP goals (34 CFR § 300.530(d)).
No student — with or without a disability — may be placed on long-term suspension for more than 90 school days in a single school year beginning with the first day of removal, except for offenses under M.G.L. c. 71, §§ 37H and 37H½ (firearms, controlled substances, assault on staff) (603 CMR 53.02).
For any suspension exceeding 10 consecutive school days, the principal must notify the parent of the opportunity to receive education services at the time the suspension begins, and the district must provide services through its school-wide education service plan to enable academic progress; this applies to all students including those with IEPs (603 CMR 53.13).
Schools must collect and report discipline data disaggregated by disability status under 603 CMR 53.14; the principal must review data by student population including disability status, and DESE must publish disaggregated discipline data; disproportionality monitoring and corrective action for significant disparities by disability is required under federal IDEA (34 CFR § 300.646), which Massachusetts implements.
Before imposing a long-term suspension, the principal must consider alternatives to suspension — such as in-school suspension, community service, or counseling — and the principal's decision must reflect consideration of the student's age, maturity, disability status, and the nature of the offense (603 CMR 53.05).
Key Timelines
Manifestation determination review must occur within 10 school days of the disciplinary removal decision that constitutes a change of placement for a student with a disability (34 CFR § 300.530(e))
Parent must receive oral and written notice before any short-term or long-term suspension; written notice must be provided by the end of the school day on which the suspension is imposed or, for long-term suspensions, before the suspension begins (603 CMR 53.06)
Education services must be provided to any student suspended for more than 10 consecutive school days; the principal must notify the parent of this opportunity at the time of suspension (603 CMR 53.13)
For long-term suspensions, the student has a right to a hearing with the principal before the suspension begins or as soon as reasonably possible; the student may appeal to the superintendent within 5 calendar days of the principal's decision (603 CMR 53.08)