IEP Discipline Procedures in North Dakota
Can a school suspend or expel a student with an IEP in North Dakota?
North Dakota discipline procedures for students with disabilities incorporate federal IDEA protections (34 CFR 300.530-300.536) and North Dakota law. Under NDCC § 15.1-32-12 and NDAC 67-23-03, school personnel may remove a student with a disability for up to 10 consecutive school days for code of conduct violations without triggering the IDEA change-of-placement protections. For removals that constitute a change of placement (generally more than 10 cumulative school days in a school year for similar behavior), a manifestation determination review (MDR) must be completed within 10 school days. If the behavior is determined to be a manifestation of the disability, the student must be returned to the prior placement (unless the parent and district agree to a change as part of a modified BIP), and an FBA must be conducted and BIP developed or revised. Interim alternative educational settings (IAES) of up to 45 school days are permitted for weapons, drugs, or serious bodily injury. Students removed under IDEA discipline provisions must continue to receive educational services so as to enable the student to continue to participate in the general education curriculum and to progress toward meeting IEP goals.
What North Dakota Requires
School personnel may remove a student with a disability for up to 10 consecutive school days for code of conduct violations without triggering IDEA change-of-placement protections (34 CFR 300.530(b); NDCC § 15.1-32-12).
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); NDAC 67-23-03).
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)).
Interim alternative educational settings for up to 45 school days are permitted for weapons, drugs, or serious bodily injury cases (34 CFR 300.530(g)).
Students removed for disciplinary reasons must continue to receive educational services enabling participation in the general curriculum and progress toward IEP goals (34 CFR 300.530(d); NDCC § 15.1-32-12).
The district must conduct a functional behavioral assessment and implement a BIP when a student's behavior requires disciplinary removal constituting a change of placement, if an FBA was not previously conducted (34 CFR 300.530(d)(1)(ii)).
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 suspensions: 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)).
Educational services must be provided during any removal after the first 10 school days in a school year (34 CFR 300.530(d)).