IEP Discipline Procedures in Utah
Can a school suspend or expel a student with an IEP in Utah?
Utah discipline procedures for students with disabilities incorporate federal IDEA protections (34 CFR 300.530-300.536) as implemented through Utah Admin. Code R277-750 and Utah Code § 53G-8-201 et seq. (Student Discipline Act). School personnel may remove a student with a disability for up to 10 consecutive school days for code of conduct violations without triggering a change-of-placement. Removals beyond 10 cumulative school days that constitute a change of placement require a manifestation determination review (MDR) within 10 school days. If the conduct is determined to be a manifestation of the disability, the student must be returned to the prior placement (unless the parent and district agree otherwise) and an FBA must be conducted and BIP developed or reviewed. If not a manifestation, the student may be disciplined the same as nondisabled students, though educational services must continue. Interim alternative educational settings (IAES) of up to 45 school days are available for weapons, drugs, or serious bodily injury. Throughout any disciplinary removal, the LEA must continue to provide educational services enabling the student to progress in the general curriculum and toward IEP goals. Utah Code § 53G-8-211 addresses expulsion of students with disabilities and reinforces the IDEA protections against cessation of educational services.
What Utah Requires
Students with disabilities may be removed for up to 10 consecutive school days for code of conduct violations without triggering IDEA change-of-placement protections (Utah Admin. Code R277-750; 34 CFR 300.530(b)).
A manifestation determination review (MDR) must be conducted within 10 school days of any decision to change placement for disciplinary reasons (34 CFR 300.530(e)).
If the behavior is a manifestation of the disability, the student must be returned to the prior placement and an FBA/BIP must be conducted or reviewed (34 CFR 300.530(f); Utah Admin. Code R277-750).
Educational services must continue during any disciplinary removal beyond 10 school days, enabling the student to progress in the general curriculum and toward IEP goals (34 CFR 300.530(d); Utah Code § 53G-8-211).
IAES of up to 45 school days are permitted for weapons, drugs, or infliction of serious bodily injury regardless of manifestation determination (34 CFR 300.530(g)).
Utah Code § 53G-8-211 prohibits expulsion of students with disabilities from receiving educational services, consistent with IDEA's stay-put and free appropriate public education provisions.
Key Timelines
MDR must be held within 10 school days of a decision to change placement for disciplinary reasons (34 CFR 300.530(e)).
Short-term suspensions: up to 10 consecutive school days without triggering change-of-placement protections (34 CFR 300.530(b)).
IAES for weapons/drugs/serious bodily injury: up to 45 school days regardless of manifestation determination (34 CFR 300.530(g)).
Expedited hearing decision must be issued within 10 school days of the hearing for disciplinary cases (34 CFR 300.532(c)(2)).