IEP Discipline Procedures in New Hampshire
Can a school suspend or expel a student with an IEP in New Hampshire?
New Hampshire's disciplinary procedures for students with disabilities are governed by Ed 1124 (Ed 1124.01 and Ed 1124.02), which substantially tracks federal IDEA requirements at 34 CFR 300.530-536. RSA 186-C:7, IV explicitly directs districts to follow 34 CFR 300.530 in its entirety for IDEA discipline. Students may be removed for up to 10 cumulative school days per year without triggering additional IDEA protections. Beyond 10 cumulative days, removal constitutes a change of placement requiring a manifestation determination review (MDR) within 10 school days. Once cumulative removals exceed 10 days, the LEA must provide services enabling the student to continue to participate in the general curriculum and make progress toward IEP goals. Services during removal beyond 10 days are determined by school personnel in consultation with at least one of the child's teachers per 34 CFR 300.530(d); Ed 1124.02 governs the specific NH implementation of instructional requirements during disciplinary removals. Any suspension or expulsion of a student with a disability must comply with Ed 1124.01 and applicable state and federal disability laws, which supersede local policies in all cases.
What New Hampshire Requires
Any suspension or expulsion of a child with a disability must comply with Ed 1124.01; state and federal disability laws (RSA 186-C, IDEA, Section 504, ADA) govern over local policies in all cases of disciplinary removal (Ed 1124.01; RSA 186-C:7, IV).
Students with disabilities may be removed for up to 10 cumulative school days per year without additional IDEA protections; services need not be provided during this period unless offered to nondisabled students (Ed 1124.01; 34 CFR 300.530(b)).
Removal exceeding 10 cumulative school days constitutes a change of placement; the LEA must convene a manifestation determination review (MDR) within 10 school days of the decision to impose such discipline, and must provide FAPE services from the 11th day of removal onward (Ed 1124.01; 34 CFR 300.530(e)).
If the MDR team determines the conduct was caused by or had a direct and substantial relationship to the student's disability, or was a direct result of the school's failure to implement the IEP, the student must be returned to the current placement and the school must conduct or review a functional behavioral assessment (FBA) and implement or modify a behavior intervention plan (BIP) (Ed 1124.01; 34 CFR 300.530(f)).
Students with disabilities may be unilaterally placed in an interim alternative educational setting (IAES) for up to 45 school days—regardless of manifestation—for bringing a weapon to school, possessing/using/selling illegal drugs at school, or inflicting serious bodily injury upon another person at school; the IAES must provide FAPE including services to continue participation in the general curriculum and progress toward IEP goals (Ed 1124.01; 34 CFR 300.530(g)).
A hearing officer may order an IAES placement for up to 45 school days if the LEA demonstrates that maintaining the student's current placement is substantially likely to result in injury to the student or others; successive 45-day placements may be ordered if the danger persists (Ed 1124.01; 34 CFR 300.532).
Key Timelines
Manifestation determination review must be held within 10 school days of the decision to remove a student in a manner that constitutes a change of placement (Ed 1124.01; 34 CFR 300.530(e)).
FAPE services during disciplinary removal beyond 10 cumulative days must begin from the 11th day of removal, as determined by school personnel in consultation with at least one of the child's teachers (34 CFR 300.530(d); Ed 1124.02).
Students removed to an IAES for special circumstances (weapons, drugs, serious bodily injury) or by hearing officer order may be placed there for up to 45 school days; hearing officers may order successive 45-day placements if danger persists (34 CFR 300.530(g); 34 CFR 300.532(b)(2)).
State complaints regarding failure to provide services during disciplinary removal must be filed with the NH Department of Education within 1 year of the alleged violation (Ed 1121; 34 CFR 300.507).