IEP Discipline Procedures in Montana
Can a school suspend or expel a student with an IEP in Montana?
Montana school districts must follow the federal IDEA discipline procedures for students with disabilities, as incorporated by reference into ARM 10.16 through the general requirement to comply with 34 CFR Part 300. Under ARM 10.16.3122 and 34 CFR 300.530–300.536, a student with a disability who is suspended for more than 10 cumulative school days in a school year or subjected to a change of placement must continue to receive FAPE. A manifestation determination review (MDR) must be convened within 10 school days of any decision to change placement due to a disciplinary violation; the MDR must determine whether the behavior was caused by or had a direct and substantial relationship to the student's disability, or was the direct result of the LEA's failure to implement the IEP. Montana administrative rule ARM 10.16.3507 specifies that a school district is not permitted to request a due process hearing when a parent has revoked consent for special education evaluation or services. Students may be placed in an Interim Alternative Educational Setting (IAES) for up to 45 school days for weapons, drugs, or serious bodily injury offenses without regard to manifestation, and the student continues to receive FAPE in that setting. Montana's FAPE obligation, including during discipline, now extends to age 21 (22nd birthday) under the August 2025 court settlement (A.H. v. Heladen). ARM 10.16.3346 separately governs behavioral interventions and aversive procedures, including prohibition of physical punishment and locked seclusion in general school settings.
What Montana Requires
A manifestation determination review must be held within 10 school days of any decision to change placement due to a disciplinary violation (34 CFR 300.530(e); ARM 10.16.3122).
Students with disabilities who are suspended or otherwise removed must continue to receive FAPE services after the 10th cumulative day of removal in a school year (34 CFR 300.530(d)).
If the behavior is found to be a manifestation of the disability or the result of IEP non-implementation, the student must be returned to placement unless the parent and LEA agree to a change (34 CFR 300.530(f)).
Students may be placed in an IAES for up to 45 school days for weapons, drugs, or serious bodily injury incidents regardless of manifestation outcome (34 CFR 300.530(g)).
Montana school districts may NOT request a due process hearing when a parent has revoked consent for special education evaluation or services (ARM 10.16.3507).
Suspension, expulsion, and all disciplinary removals of students with disabilities must comply with IDEA procedural requirements and include FAPE continuation planning (ARM 10.16.3122; MCA § 20-7-411).
Key Timelines
Manifestation determination review must occur within 10 school days of a decision to change placement for discipline (34 CFR 300.530(e)).
After the 10th cumulative school day of removal in a year, services must be provided to enable the student to continue to participate in the general education curriculum and progress toward IEP goals (34 CFR 300.530(d)).
IAES placement for weapons/drugs/serious bodily injury may not exceed 45 school days (34 CFR 300.530(g)).