IEP Discipline Procedures in Ohio
Can a school suspend or expel a student with an IEP in Ohio?
Ohio's discipline procedures for students with disabilities are governed by OAC 3301-51-05(K)(19)-(25) and ORC 3323.05, implementing the federal IDEA discipline protections. School personnel may remove a student with a disability for up to 10 consecutive school days without triggering mandatory IDEA protections; cumulative short-term removals must also be tracked to prevent a pattern constituting a change of placement (OAC 3301-51-05(K)(19)(b)). When the district decides to change placement as a disciplinary measure, it must convene a manifestation determination review (MDR) within 10 school days, involving the parents and relevant IEP team members. If the conduct is determined to be a manifestation of the disability, the district must conduct or review an FBA, implement or modify the BIP, and return the child to the prior placement unless the parent and district agree otherwise. For special circumstances — weapons, illegal drugs or controlled substances, or serious bodily injury — students may be placed in an interim alternative educational setting (IAES) for up to 45 school days regardless of the MDR outcome. Ohio's zero-tolerance expulsion statute (ORC 3313.534) requires that district policies comply with ORC 3313.668 and 3319.46; the core IDEA discipline protections (FAPE continuity, MDR, FBA/BIP requirements) are codified in OAC 3301-51-05(K) and Chapter 3323. Educational services must continue during any removal so the student can participate in the general curriculum and receive behavioral services (OAC 3301-51-05(K)(19)(d)).
What Ohio Requires
Students with disabilities may be removed for up to 10 consecutive school days per incident without triggering change-of-placement protections; a pattern of removals totaling more than 10 days in a year constitutes a change of placement (OAC 3301-51-05(K)(19)(b); OAC 3301-51-05(K)(25)).
Manifestation determination review (MDR) must be conducted within 10 school days of a decision to change placement for disciplinary reasons, by the parents and relevant IEP team members (OAC 3301-51-05(K)(19)(e)(i)).
MDR must determine whether the conduct was caused by or had a direct and substantial relationship to the disability, or was the direct result of the district's failure to implement the IEP (OAC 3301-51-05(K)(19)(e)(i)(a)-(b)).
If manifestation is found: the IEP team must conduct or review an FBA, implement or revise a BIP, and return the child to the prior placement unless the parent and district agree to a change (OAC 3301-51-05(K)(19)(f)).
For weapons, illegal drugs or controlled substances, or serious bodily injury, the student may be placed in an IAES for up to 45 school days regardless of manifestation determination (OAC 3301-51-05(K)(19)(g)).
During any removal, the student must continue to receive educational services enabling progress in the general curriculum and must receive behavioral intervention services (OAC 3301-51-05(K)(19)(d)(i)).
Ohio's zero-tolerance expulsion statute (ORC 3313.534) requires district policies to comply with ORC 3313.668 and 3319.46; the substantive IDEA discipline protections for students with IEPs (FAPE continuity, MDR, FBA/BIP) are codified in OAC 3301-51-05(K) and Chapter 3323, not in 3313.534 directly.
Parents or the district may appeal a placement decision or manifestation determination through an expedited due process hearing; the hearing must occur within 20 school days of filing and the hearing officer's decision must be issued within 10 school days after the hearing concludes (OAC 3301-51-05(K)(21)(c)(ii)).
Key Timelines
Within 10 school days of the decision to change placement: MDR must be convened (OAC 3301-51-05(K)(19)(e)(i)).
Up to 45 school days: maximum IAES placement for special circumstances (weapons, drugs, serious bodily injury) (OAC 3301-51-05(K)(19)(g)).
Expedited due process appeal: hearing must occur within 20 school days of filing; hearing officer decision must be issued within 10 school days after the hearing concludes (OAC 3301-51-05(K)(21)(c)(ii)).
10 consecutive school days: threshold after which removal constitutes a change of placement requiring IDEA protections (OAC 3301-51-05(K)(19)(b)).