IEP Discipline Procedures in Tennessee
Can a school suspend or expel a student with an IEP in Tennessee?
Tennessee special education discipline procedures are governed by 34 CFR 300.530-536 (adopted by reference in Tenn. Comp. R. & Regs. 0520-01-09-.01) and Tennessee-specific FBA/BIP requirements in 0520-01-09-.24. School personnel may remove a student with a disability from their current placement for not more than 10 consecutive school days in a school year without triggering additional protections. When a removal constitutes a change of placement — defined as more than 10 consecutive school days or a pattern of removals totaling more than 10 days — a manifestation determination review (MDR) must be conducted within 10 school days. If the behavior is a manifestation of the disability, the student must be returned to their current placement and the FBA and BIP must be revised. School administrators may impose a 45-school-day IAES placement for weapons, drugs, or serious bodily injury offenses regardless of manifestation. Restraint and isolation for special education students are separately governed by 0520-01-09-.23 and TCA §§ 49-10-1301 et seq.
What Tennessee Requires
School personnel may remove a student with a disability for up to 10 consecutive school days without triggering change-of-placement protections (34 CFR 300.530(a)-(b), adopted by reference under Tenn. Comp. R. & Regs. 0520-01-09-.01).
When a removal constitutes a change of placement (more than 10 consecutive days or a pattern of removals), a manifestation determination review (MDR) must be held within 10 school days (34 CFR 300.530(e)).
If the behavior is determined to be a manifestation of the disability, the student must be returned to their prior placement (unless the parent and LEA agree otherwise), and the FBA/BIP must be reviewed and revised under 0520-01-09-.24(3) (34 CFR 300.530(f)).
If the behavior is not a manifestation, the student may be disciplined per the same procedures applied to nondisabled students, but special education services must continue during the removal (34 CFR 300.530(c),(d)).
School personnel may place a student in an IAES for up to 45 school days without parental consent for offenses involving weapons, illegal drugs, or infliction of serious bodily injury (Tenn. Comp. R. & Regs. 0520-01-09-.24(4)(b); 34 CFR 300.530(g)).
During any removal, students with disabilities must continue to receive FAPE so they can continue to participate in the general education curriculum and progress toward IEP goals (34 CFR 300.530(d)).
Key Timelines
An MDR must be conducted within 10 school days of any disciplinary decision to make a change of placement (34 CFR 300.530(e)(1)).
An FBA and BIP must be implemented within 10 school days of an MDR finding that behavior is a manifestation of the disability (34 CFR 300.530(f)(1)).
A 45-school-day IAES placement for weapons, drugs, or serious bodily injury may be imposed without parental consent (34 CFR 300.530(g)).
Parents must be notified on the same day a decision is made to make a removal constituting a change of placement, and provided the Procedural Safeguards Notice (34 CFR 300.530(h)).