IEP Discipline Procedures in Nebraska
Can a school suspend or expel a student with an IEP in Nebraska?
Nebraska discipline procedures for students with disabilities incorporate both federal IDEA protections (34 CFR 300.530-300.536) and Nebraska-specific statutes governing student discipline (Neb. Rev. Stat. §§ 79-254 to 79-267 for restraint/seclusion; Neb. Rev. Stat. §§ 79-283 to 79-295 for student expulsion). School personnel may remove a student with a disability for up to 10 consecutive school days for code of conduct violations without triggering a change of placement. For removals beyond 10 cumulative school days that constitute a change of placement, a manifestation determination review (MDR) must be conducted within 10 school days. If the behavior is a manifestation of the disability, the student must be returned to the prior placement (unless parent and district agree otherwise), and a functional behavioral assessment must be conducted and a behavioral intervention plan developed or reviewed (34 CFR 300.530(f)). Nebraska's Superintendent and Board of Education retain expulsion authority over students, but IDEA protections limit expulsion of students whose behavior is a manifestation of their disability. Interim alternative educational settings of up to 45 school days are permitted for weapons, drugs, or serious bodily injury.
What Nebraska 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 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); 92 NAC 51-009).
Interim alternative educational settings (IAES) for up to 45 school days are permitted for weapons, drugs, or serious bodily injury, regardless of manifestation determination outcome (34 CFR 300.530(g)).
The district must continue to provide educational services during any removal, so as to enable the student to continue to participate in the general education curriculum and progress toward IEP goals (34 CFR 300.530(d); 92 NAC 51-009).
Nebraska's expulsion procedures under Neb. Rev. Stat. §§ 79-283 to 79-295 must be applied in compliance with IDEA protections for students with disabilities.
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 removals: up to 10 consecutive school days without triggering 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)).
Expedited hearing decision must be issued within 10 school days of the hearing (34 CFR 300.532(c)(2)).
FBA and BIP must be implemented after manifestation determination finding without undue delay (34 CFR 300.530(f)(1)).