IEP Discipline Procedures in Missouri
Can a school suspend or expel a student with an IEP in Missouri?
Missouri's discipline procedures for students with disabilities incorporate both state law (RSMo 160.261, 167.161, 162.961) and federal IDEA protections (34 CFR 300.530–300.536). School boards must adopt written discipline policies under RSMo 160.261. Students with disabilities cannot be suspended for more than 10 cumulative school days in a school year for behavior related to their disability without triggering additional protections. Within 10 school days of any decision to change placement for disciplinary reasons, the LEA must conduct a manifestation determination review (MDR) to determine whether the behavior was caused by or had a direct and substantial relationship to the child's disability, or was the direct result of the school's failure to implement the IEP. If the behavior is a manifestation, the student must be returned to the prior placement (unless parents and LEA agree otherwise), and a functional behavioral assessment and behavioral intervention plan must be developed or reviewed. For behavior involving weapons, drugs, or serious bodily injury, the school may place the student in an interim alternative educational setting for up to 45 school days regardless of the manifestation determination. Parents may request expedited due process hearings to challenge disciplinary placement decisions under RSMo 162.961. Missouri law at RSMo 162.680 provides an exception permitting removal when disability involves violent behavior creating a substantial likelihood of injury.
What Missouri Requires
Students with disabilities cannot be removed from their current placement for more than 10 cumulative school days in a school year without triggering IDEA disciplinary protections including a manifestation determination (34 CFR 300.530(b)).
Within 10 school days of a removal decision that constitutes a change of placement, the IEP team must conduct a manifestation determination review (MDR) (34 CFR 300.530(e)).
If the behavior is a manifestation of the disability, the student must be returned to the prior placement (unless parents and LEA agree otherwise), and an FBA must be conducted and a BIP developed or reviewed (34 CFR 300.530(e)-(f)).
For behavior involving weapons, drugs, or serious bodily injury, the school may place the student in an interim alternative educational setting for up to 45 school days regardless of the manifestation determination (34 CFR 300.530(g)).
Missouri law permits removal when a disability involves violent behavior creating a substantial likelihood of injury to the student or others, subject to applicable state and federal procedures (RSMo 162.680).
Parents may request expedited due process hearings before the Administrative Hearing Commission to challenge disciplinary placements or manifestation determinations (RSMo 162.961; 34 CFR 300.532).
Key Timelines
Manifestation determination must occur within 10 school days of a removal decision that constitutes a change of placement (34 CFR 300.530(e)).
If the behavior is a manifestation of the disability, the IEP Team must conduct an FBA and develop or review a BIP; no federal deadline applies to FBA completion beyond the general obligation to act promptly (34 CFR 300.530(f)).
Interim alternative educational setting placement for weapons, drugs, or serious bodily injury may last up to 45 school days (34 CFR 300.530(g)).
Expedited due process hearing decision must be rendered within 20 school days of the hearing request (34 CFR 300.532(c)(2)).