IEP Discipline Procedures in Mississippi
Can a school suspend or expel a student with an IEP in Mississippi?
Mississippi discipline procedures for students with disabilities incorporate federal IDEA protections (34 CFR 300.530-300.536) as implemented by the Mississippi Special Education Regulations and Miss. Code Ann. § 37-11-1 et seq. (school discipline statutes). School personnel may remove a student with a disability from their current placement for up to 10 consecutive school days for a code of conduct violation without triggering a change of placement. Removals beyond 10 cumulative school days that constitute a change of placement require a manifestation determination review (MDR) within 10 school days of the decision. If the behavior is a manifestation of the disability, the student must be returned to their prior placement (unless parent and district agree to change of placement), and a functional behavioral assessment must be conducted and a BIP developed or reviewed. Interim alternative educational settings (IAES) of up to 45 school days are permitted for offenses involving weapons, drugs, or serious bodily injury. Mississippi schools must provide educational services during any removal — services must be provided to enable the student to continue to participate in the general education curriculum and to make progress toward IEP goals (34 CFR 300.530(d)).
What Mississippi 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)).
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 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)).
An IAES of up to 45 school days is available for offenses involving weapons, illegal drugs, or serious bodily injury (34 CFR 300.530(g)).
Educational services must be provided during any removal, enabling the student to continue in the general curriculum and make progress toward IEP goals (34 CFR 300.530(d)).
Parents must receive notice of the removal decision on the same day it is made and must be provided procedural safeguards notice (34 CFR 300.530(h)).
Key Timelines
MDR must be held within 10 school days of a decision to change placement for disciplinary reasons (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)).
Parent notice of removal must be provided on the same day the decision is made (34 CFR 300.530(h)).
Expedited due process hearing (for school appeals): decision within 10 school days (34 CFR 300.532(c)).