IEP Discipline Procedures in Michigan
Can a school suspend or expel a student with an IEP in Michigan?
Michigan follows federal IDEA discipline requirements (34 CFR 300.530–536) with additional state-level protections under the Rethinking Discipline law (MCL 380.1310d, PA 360 of 2016, effective 2017). A student with a disability may be removed for up to 10 consecutive school days without triggering IDEA protections, just as any student might be suspended. However, removals exceeding 10 cumulative school days in a school year constitute a change of placement and require a Manifestation Determination Review (MDR) within 10 school days of the decision to change placement. If behavior is a manifestation of disability, the student must be returned to the prior placement (unless the parent agrees otherwise) and the IEP team must address the behavior through FBA and BIP. If behavior is not a manifestation, normal disciplinary procedures may apply but special education services must continue. Michigan's Rethinking Discipline Act (MCL 380.1310d) applies to all students and requires schools to use restorative practices and review whether discretionary suspensions and expulsions are appropriate — this creates additional pressure on Michigan schools to use exclusionary discipline as a last resort. For weapons, drugs, or serious bodily injury, students may be placed in an IAES for up to 45 school days regardless of manifestation finding. Special education services must continue during all removals beyond 10 school days, in a manner that enables the student to continue to participate in the general curriculum and progress toward IEP goals. Michigan's restraint/seclusion law (MCL 380.1307a–h) is separate from discipline and governs emergency interventions during behavioral crises.
What Michigan Requires
Students may be removed for up to 10 cumulative school days per year without IDEA protections; beyond 10 days is a change of placement triggering MDR and continued services (34 CFR 300.530; R 340.1721e).
MDR must be conducted within 10 school days of the decision to change placement — the team must determine if the behavior was caused by or had a direct and substantial relationship to the disability (34 CFR 300.530(e)).
If behavior is a manifestation, the student must be returned to prior placement unless parent agrees to IAES, and the IEP team must conduct/review an FBA and implement/modify a BIP (34 CFR 300.530(f)).
Michigan's Rethinking Discipline Act (MCL 380.1310d, PA 360 of 2016) requires schools to use restorative practices — applies to all students and adds state-law pressure to minimize exclusionary discipline.
For weapons, drugs, or serious bodily injury, IAES placement of up to 45 school days is permitted regardless of manifestation finding; IEP services must continue in the IAES (34 CFR 300.530(g)).
Special education and related services must continue during ALL removals beyond 10 school days — the district cannot simply suspend services during discipline periods (34 CFR 300.530(d)).
Key Timelines
MDR must be conducted within 10 school days of the decision to change placement (34 CFR 300.530(e)).
FBA must be completed and BIP implemented/reviewed as soon as practicable after MDR finding of manifestation (34 CFR 300.530(f)(1)).
IAES placement for weapons/drugs/serious bodily injury: up to 45 school days — an appeal hearing officer may extend if the student is substantially likely to cause injury (34 CFR 300.530(g)–(h)).
Schools must give parents written notice of any removal triggering disciplinary change of placement as soon as possible (34 CFR 300.530(h)(2)).