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 the VT State Board Rules Series 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 triggering a change of placement under IDEA. Removals beyond 10 cumulative school days that constitute a pattern (change of placement) trigger a manifestation determination review (MDR) within 10 school days of the removal decision. 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 (34 CFR 300.530(f)). Interim alternative educational settings (IAES) of up to 45 school days are permitted for weapons, drugs, or serious bodily injury regardless of manifestation (34 CFR 300.530(g)). Educational services must continue during any removal beyond 10 school days. Vermont's restraint and seclusion framework under 16 V.S.A. § 1161a and State Board Rule 4500 creates additional protections; restraint and seclusion may only be used when there is imminent risk of physical injury and less restrictive measures would be ineffective. Parental notification of restraint or seclusion must occur by end of school day (verbal/electronic) with written notice within 24 hours (Rule 4500, Section 4503.2). Parents who disagree with discipline decisions may request an expedited due process hearing through the VT AOE (34 CFR 300.532).
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)).
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)).
Interim alternative educational settings for up to 45 school days are permitted for weapons, drugs, or serious bodily injury regardless of manifestation determination (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)).
Vermont's 16 V.S.A. § 1161a and Rule 4500 provide additional protections regarding restraint and seclusion; these may only be used when there is imminent risk of physical injury and less restrictive measures are ineffective (Rule 4500, Section 4502).
Parents must be notified of any restraint or seclusion by end of school day (verbal/electronic) with written notice within 24 hours (Rule 4500, Section 4503.2).
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: decisions must be issued within 10 school days of the hearing (34 CFR 300.532(c)).
Restraint/seclusion parental notification: verbal/electronic by end of school day; written report within 24 hours (Rule 4500, Section 4503.2(a)-(b)).
When the district and parent disagree on manifestation determination, the student remains in the IAES pending the hearing officer's decision or until the time period expires (34 CFR 300.533).
Sources
Related IEP Guides
School Suspension and Your Child's IEP: The 10-Day Rule Explained
Understand the 10-day suspension rule under IDEA, what counts toward the limit, when FAPE services must continue, and what a "change of placement" triggers.
Manifestation Determination Review: What Parents Need to Know
When a child with an IEP faces suspension or expulsion, the school must hold an MDR. Learn what it is, how it works, and how to fight for your child.
Expelled with an IEP: Your Child Still Has Rights
Learn what happens when a child with an IEP is expelled, why FAPE does not end at the school door, and what alternative placement the district must provide.