IEP Discipline Procedures in Vermont
Can a school suspend or expel a student with an IEP in Vermont?
Vermont discipline procedures for students with disabilities incorporate federal IDEA protections (34 CFR 300.530-300.536) as implemented through VT AOE Rule 2360 and Vermont's general education discipline statutes. School personnel may remove a student with a disability for up to 10 consecutive school days for code of conduct violations without a change of placement. Removals beyond 10 cumulative school days that constitute a change of placement trigger a manifestation determination review (MDR) within 10 school days. If the behavior is a manifestation of the disability, the student must be returned to the prior placement (unless parent and district agree otherwise), and an FBA must be conducted and a BIP developed or reviewed. Interim alternative educational settings of up to 45 school days are permitted for weapons, drugs, or serious bodily injury. Vermont's restraint and seclusion framework under 16 V.S.A. § 1161a and Rule 4500 creates additional protections for students with disabilities subject to restrictive interventions.
What Vermont 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 (34 CFR 300.530(b); VT AOE Rule 2360).
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); VT AOE Rule 2360).
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)).
Interim alternative educational settings for up to 45 school days are permitted for weapons, drugs, or serious bodily injury (34 CFR 300.530(g)).
Educational services must continue during disciplinary removals beyond 10 school days to enable the student to participate in the general curriculum and progress toward IEP goals (34 CFR 300.530(d); VT AOE Rule 2360).
Vermont's 16 V.S.A. § 1161a and Rule 4500 provide additional protections regarding restraint and seclusion as an element of discipline; documentation and parental notification are required.
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 (34 CFR 300.530(g)).
Expedited due process hearing request may be filed; decisions must be issued within 10 school days of the hearing (34 CFR 300.532(c)).
Parents must be notified of any restraint or seclusion by end of school day of its use; written notice within 24 hours (16 V.S.A. § 1161a; VT AOE Rule 4500, Section 4503.2).