IEP Discipline Procedures in Rhode Island
Can a school suspend or expel a student with an IEP in Rhode Island?
Rhode Island special education discipline procedures implement 34 CFR 300.530-300.536 through 200-RICR-20-10-1.9. A student with a disability may be removed from the current placement for disciplinary reasons for up to 10 school days in a school year without triggering IDEA procedural protections. For removals beyond 10 cumulative school days that constitute a change of placement, the district must conduct a manifestation determination review (MDR) within 10 school days. If the behavior is determined to be a manifestation of the disability, the IEP team must either conduct an FBA and implement a BIP or review and modify the existing BIP, and return the student to the placement from which they were removed (unless a change of placement is agreed upon). Students removed for weapons, drugs, or serious bodily injury may be placed in an interim alternative educational setting (IAES) for up to 45 school days. During any removal beyond 10 days, the district must provide educational services that allow the student to continue to participate in the general curriculum and progress toward IEP goals (200-RICR-20-10-1.9; 34 CFR 300.530).
What Rhode Island Requires
Removal for up to 10 cumulative school days per year does not trigger IDEA special procedures; for removals constituting a change of placement, a manifestation determination review is required within 10 school days (200-RICR-20-10-1.9; 34 CFR 300.530(b),(e)).
A manifestation determination review must consider whether the behavior 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 (34 CFR 300.530(e)).
If the behavior is a manifestation of the disability, the IEP team must conduct or review the FBA and modify the BIP, and return the student to the original placement unless an alternative placement is agreed upon (34 CFR 300.530(f)).
Students may be placed in an IAES for up to 45 school days for weapons, drugs, or infliction of serious bodily injury, regardless of manifestation determination outcome (34 CFR 300.530(g); 200-RICR-20-10-1.9).
During all disciplinary removals beyond 10 school days, the district must provide educational services enabling the student to continue to progress in the general curriculum and toward IEP goals (34 CFR 300.530(d)).
Rhode Island students with disabilities retain the right to a free appropriate public education even when subject to disciplinary action (R.I. Gen. Laws § 16-24-1; 34 CFR 300.530(d)).
Key Timelines
Manifestation determination review must occur within 10 school days of a disciplinary decision constituting a change of placement (34 CFR 300.530(e); 200-RICR-20-10-1.9(B)).
Parents must be notified immediately (same day) of any removal decision and provided procedural safeguards (34 CFR 300.530(h)).
IAES placements for weapons, drugs, or serious bodily injury last up to 45 school days (34 CFR 300.530(g)).
Beyond 10 cumulative school days, educational services must be provided from day one of the removal (34 CFR 300.530(d)).