IEP Discipline Procedures in Pennsylvania
Can a school suspend or expel a student with an IEP in Pennsylvania?
Pennsylvania's discipline procedures for students with disabilities are governed by 22 Pa. Code §14.143 and §12.6, IDEA federal requirements at 34 CFR 300.530–300.536, and PDE's Basic Education Circular on disciplinary exclusions. Pennsylvania provides greater protection than federal law by setting the cumulative removal threshold for a change of placement at 15 school days per year (versus no explicit federal cumulative threshold), and by treating any removal of a student with intellectual disability as a change of placement regardless of duration (22 Pa. Code §14.143). Under 22 Pa. Code §12.6, suspension is defined as exclusion for 1 to 10 consecutive school days; expulsion is exclusion for more than 10 school days. Students with IEPs whose behavior resulted in a removal exceeding 10 consecutive days, or whose cumulative removals exceed 15 school days in a year, are entitled to a manifestation determination — an IEP team review to determine whether the conduct was caused by, or had a direct and substantial relationship to, the student's disability, or was a direct result of the LEA's failure to implement the IEP (34 CFR 300.530(e)). If behavior is a manifestation of disability, the student must be returned to the prior placement and the IEP team must conduct or update a functional behavioral assessment (FBA) and implement or revise the behavior intervention plan (BIP) (34 CFR 300.530(f)). FAPE must be continued during disciplinary removals exceeding 10 school days (34 CFR 300.530(d)). Pennsylvania's positive behavior support framework under 22 Pa. Code §14.133 requires an FBA-based behavior support plan in the IEP when a student's behavior impedes learning, providing a proactive alternative to disciplinary responses.
What Pennsylvania Requires
Suspension is exclusion for 1–10 consecutive school days; expulsion is exclusion for more than 10 school days (22 Pa. Code §12.6)
Disciplinary exclusion constitutes a change of placement if it exceeds 10 consecutive school days, if cumulative removals exceed 15 school days in a school year, or for any removal of a student with intellectual disability — except when the student's actions are consistent with the federal special-circumstances provisions of 34 CFR 300.530(g)(1)-(3) (22 Pa. Code §14.143)
Manifestation determination — IEP team review of whether conduct was caused by the disability or was a result of IEP failure — must be conducted within 10 school days of the decision to change placement (34 CFR 300.530(e))
If behavior is a manifestation of disability, the student must be returned to the prior placement and the IEP team must conduct or update the FBA and BIP (34 CFR 300.530(f))
FAPE must continue during any disciplinary removal exceeding 10 school days, enabling progress in the general curriculum and toward IEP goals (34 CFR 300.530(d))
When behavior impedes the student's learning or that of others, the IEP team must consider positive behavioral interventions and supports and include an FBA-based behavior support plan in the IEP (22 Pa. Code §14.133(a))
Exclusions affecting students with disabilities are governed by §14.143 and 34 CFR 300.519–300.529; general student discipline rules in §12.6 apply alongside these provisions (22 Pa. Code §12.6)
Special circumstances (weapons, drugs, serious bodily injury) allow up to 45 school days in an interim alternative educational setting regardless of manifestation determination (34 CFR 300.530(g))
Key Timelines
Manifestation determination must be conducted within 10 school days of any decision to change placement for disciplinary reasons (34 CFR 300.530(e))
Change of placement triggered after more than 10 consecutive school days of removal (34 CFR 300.530(b))
Change of placement triggered when cumulative removals exceed 15 school days in a school year (22 Pa. Code §14.143)
FAPE services must be provided beginning on the 11th school day of removal (34 CFR 300.530(d))
Interim alternative educational setting for special circumstances may not exceed 45 school days (34 CFR 300.530(g))