IEP Discipline Procedures in New Jersey
Can a school suspend or expel a student with an IEP in New Jersey?
New Jersey's discipline procedures for students with disabilities are governed by N.J.A.C. 6A:14-2.8, which incorporates federal IDEA discipline requirements (34 CFR 300.530-300.536), and N.J.A.C. 6A:16 governing general student conduct. School personnel may remove a student with a disability for up to 10 consecutive school days for violations of the code of student conduct without triggering a change of placement. When a student is suspended, written notification must be sent to the case manager and parents (N.J.A.C. 6A:14-2.8). For removals beyond 10 cumulative school days in a school year that constitute a change of placement, the district must conduct a Manifestation Determination Review (MDR) within 10 school days (34 CFR 300.530(e)). The MDR determines whether the behavior was caused by or substantially related to the disability, or was the result of a failure to implement the IEP. If the behavior is a manifestation, the student must be returned to the prior placement (unless the parent and district agree otherwise), an FBA must be conducted, and a BIP must be developed or revised. Under N.J.A.C. 6A:16, when a student is suspended, the district must provide academic instruction consistent with state learning standards within five school days. New Jersey allows interim alternative educational settings (IAES) for up to 45 school days for weapons, drugs, or serious bodily injury, consistent with federal law.
What New Jersey Requires
Students with disabilities may be removed for up to 10 consecutive school days for code of conduct violations without triggering IDEA protections (N.J.A.C. 6A:14-2.8; 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 behavior is a manifestation of the disability, the student must be returned to the prior placement and an FBA/BIP must be conducted or revised (34 CFR 300.530(f)).
When suspended, the district must provide academic instruction consistent with state learning standards within five school days (N.J.A.C. 6A:16-7.2).
Interim alternative educational settings for up to 45 school days are permitted for weapons, drugs, or serious bodily injury (34 CFR 300.530(g)).
Written notification of suspension must be forwarded to the case manager and parents (N.J.A.C. 6A:14-2.8).
NJ prohibits expulsion of students with disabilities during the pendency period; the student must remain in the current placement (or IAES) while disputes are resolved (34 CFR 300.518; N.J.A.C. 6A:14-2.7(k)).
Under N.J.A.C. 6A:16-7.1, districts must consider whether a student's disability contributed to a code violation before imposing the same consequences applied to nondisabled students, reinforcing the federal manifestation determination requirement.
Key Timelines
MDR must be held within 10 school days of a decision to change placement (34 CFR 300.530(e)).
Short-term suspensions: up to 10 consecutive school days without triggering a change of placement (34 CFR 300.530(b)).
Academic instruction must be provided within 5 school days of suspension (N.J.A.C. 6A:16-7.2).
IAES for weapons/drugs/serious bodily injury: up to 45 school days (34 CFR 300.530(g)).
Due process expedited hearing decisions must be issued within 20 school days of filing (N.J.A.C. 6A:14-2.7(o)).