IEP Discipline Procedures in South Carolina
Can a school suspend or expel a student with an IEP in South Carolina?
South Carolina student discipline procedures for children with disabilities follow the federal framework established at 34 CFR §§ 300.530-300.537, as adopted by Regulation 43-243. South Carolina state law adds several protections: classroom suspension is limited to 10 days per offense and school removal to 30 days per year unless the student is formally expelled (S.C. Code Ann. §§ 59-63-220, 59-63-230); schools cannot suspend students during the final 10 school days if credit loss would result without school board approval; and written notice plus a parent conference within 3 days of suspension are required with appeal rights available. When a removal constitutes a change of placement (more than 10 cumulative school days or a pattern of removals), a manifestation determination review (MDR) must occur within 10 school days. If the behavior is a manifestation of the disability, the student cannot be expelled or suspended beyond 10 days. If the behavior is not a manifestation, the district may proceed with long-term discipline while still providing educational services. Special circumstances allow removal to an interim alternative educational setting (IAES) for up to 45 school days for weapons, drugs, or serious bodily injury regardless of manifestation. Expelled students with disabilities must continue receiving educational services enabling progress toward IEP goals.
What South Carolina Requires
Student discipline procedures must be consistent with 34 CFR §§ 300.530-300.537, including manifestation determination reviews, protections for children not yet determined eligible, and interim alternative educational settings (Reg. 43-243).
South Carolina state law limits classroom suspension to 10 days per offense and school removal to 30 days per year unless the student is formally expelled (S.C. Code Ann. §§ 59-63-220, 59-63-230).
A manifestation determination review must occur within 10 school days when a removal constitutes a disciplinary change of placement (34 CFR 300.530(e)).
Services must continue for students suspended or expelled for more than 10 cumulative school days in a school year, enabling progress toward IEP goals (34 CFR 300.530(b)(2), (d)).
Special circumstances allow removal to an IAES for up to 45 school days for weapons, drugs, or serious bodily injury offenses regardless of manifestation (34 CFR 300.530(g)).
Schools cannot suspend students during the final 10 school days if credit loss would result without school board approval; written notice and parent conference within 3 days are required (S.C. Code Ann. §§ 59-63-220, 59-63-230).
Key Timelines
Manifestation determination review must occur within 10 school days of a change of placement decision (34 CFR 300.530(e)).
Interim alternative educational settings may last up to 45 school days for weapons, drugs, or serious bodily injury (34 CFR 300.530(g)).
Written notice and parent conference within 3 days of suspension are required under state law (S.C. Code Ann. §§ 59-63-220, 59-63-230).
Expedited due process hearing for disciplinary matters must result in a decision within 20 school days (34 CFR 300.532(c)).