IEP Discipline Procedures in Oklahoma
Can a school suspend or expel a student with an IEP in Oklahoma?
Oklahoma special education discipline follows IDEA requirements with several state-specific enhancements. Students with disabilities follow the same student code of conduct as all students but have additional procedural protections. Oklahoma's School Safety and Bullying Prevention Act applies to all students. Key protections: removal up to 10 school days without a manifestation determination; beyond 10 days, manifestation determination required; FBA and BIP required for manifestation-related behavior; and OSDE requires FBA and BIP before shortening instructional day. Informal removals (sending students home repeatedly, shortened days without IEP team decision) are prohibited. An expedited hearing is available within 20 school days of request for discipline disputes.
What Oklahoma Requires
Students with disabilities subject to disciplinary actions have all procedural due process rights afforded students without disabilities, plus additional IDEA protections (70 O.S. § 24-101.3; 70 O.S. §§ 24-100.2 through 24-100.5; Oklahoma Special Education Policies & Procedures 2024, Ch. 12, Sec. 1)
Removal up to 10 school days for code of conduct violations: no manifestation determination required; services not required; days can be consecutive or cumulative (34 C.F.R. § 300.530; Oklahoma Special Education Policies & Procedures 2024, Ch. 12, Sec. 1.B.i)
Manifestation determination required when removal exceeds 10 cumulative school days; FBA must be conducted and BIP developed/revised when behavior is a manifestation of disability (34 C.F.R. § 300.530(e) and (f))
OSDE requires FBA and BIP be in place BEFORE shortening a student's instructional day or week — state requirement exceeds federal baseline (Oklahoma Special Education Policies & Procedures 2024, Ch. 12, Sec. 1)
Informal removals are prohibited: LEAs must not repeatedly send students home, impose shortened days without IEP team decision, mandate homebound instruction without IEP team decision, or exclude students from school for staffing reasons (Oklahoma Special Education Policies & Procedures 2024, Ch. 12, Sec. 1.A)
Expedited due process hearing available for manifestation determination or IAES placement disputes: hearing within 20 school days of request; decision within 10 school days of hearing; no extensions (Oklahoma Special Education Policies & Procedures 2024, Ch. 12, Sec. 7.A; Ch. 13, Sec. 5)
Corporal punishment prohibited for students with disabilities eligible under IDEA; OAC § 210:15-13-9(d) also prohibits corporal punishment for all students with disabilities (70 O.S. § 13-116; OAC § 210:15-13-9(d))
Key Timelines
Manifestation determination: required within 10 school days of removal decision exceeding 10 cumulative days (34 C.F.R. § 300.530(e))
Expedited hearing: within 20 school days of request; decision within 10 school days of hearing (Oklahoma Special Education Policies & Procedures 2024, Ch. 13)