IEP Discipline Procedures in Oregon
Can a school suspend or expel a student with an IEP in Oregon?
Oregon's discipline procedures for students with disabilities are governed by both federal IDEA (34 CFR 300.530-300.536) and Oregon state law (ORS 343.177; ORS 339.250; ORS 339.252). Oregon limits out-of-school suspension to no more than 10 school days and expulsion to no more than one calendar year in duration; for fifth-grade and below, suspensions and expulsions are restricted to situations involving serious physical harm or direct safety threats (ORS 339.250). When a student with a disability is removed for more than 10 cumulative school days in a school year, the district must continue to provide FAPE in an appropriate alternative setting (ORS 339.252; 34 CFR 300.530(b)). Within 10 school days of a disciplinary change in placement exceeding 10 days, the district must conduct a manifestation determination review (MDR) to determine whether the behavior was caused by, or had a direct and substantial relationship to, the student's disability, or was a direct result of the district's failure to implement the IEP (34 CFR 300.530(e)). Oregon uses ODE's standardized Manifestation Determination form (581-1279-P). If the behavior is a manifestation of the disability, the district must return the student to their prior placement (unless placement change is agreed upon), conduct or review the FBA, and revise the behavior intervention plan (34 CFR 300.530(f)). Regardless of manifestation determination outcome, for specific offenses (weapons, drugs, serious bodily injury), districts may unilaterally place a student in an Interim Alternative Educational Setting (IAES) for up to 45 school days (ORS 343.177; 34 CFR 300.530(g)). Oregon's ODE publishes comprehensive guides on addressing informal removals and avoiding exclusionary discipline practices.
What Oregon Requires
Out-of-school suspension may not exceed 10 school days per incident; expulsion duration may not exceed one calendar year; suspensions for grades 5 and below are restricted to serious physical harm or direct safety threats (ORS 339.250).
When a student with a disability is removed for more than 10 cumulative school days, the district must continue to provide FAPE in an appropriate alternative setting (ORS 339.252; 34 CFR 300.530(b)).
A manifestation determination review must be conducted within 10 school days of a disciplinary change in placement exceeding 10 cumulative days; Oregon uses standardized MDR form 581-1279-P (34 CFR 300.530(e)).
If behavior is a manifestation of the disability, the district must return the student to the prior placement (unless the parent and district agree otherwise), review/revise the FBA and BIP, and ensure IEP compliance (34 CFR 300.530(f)).
Districts may unilaterally place a student in an IAES for up to 45 school days for weapons, drugs, or serious bodily injury offenses regardless of manifestation determination (ORS 343.177; 34 CFR 300.530(g)).
Corporal punishment is prohibited in Oregon schools (ORS 339.250).
A student with an IEP or 504 Plan who creates imminent risk of serious bodily injury requires an FBA and BIP within 45 school days of parental consent (ORS 343.154).
Key Timelines
Manifestation determination must occur within 10 school days of a decision to change placement for disciplinary reasons exceeding 10 cumulative days (34 CFR 300.530(e)).
An IAES for weapons, drugs, or serious bodily injury may be imposed for up to 45 school days (ORS 343.177; 34 CFR 300.530(g)).
FBA and BIP must be completed within 45 school days of parental consent when a student with an IEP or 504 Plan creates imminent risk of serious bodily injury (ORS 343.154).
Out-of-school suspension may not exceed 10 school days per incident; expulsion is limited to no more than one calendar year (ORS 339.250).