IEP Discipline Procedures in Virginia

Can a school suspend or expel a student with an IEP in Virginia?

Virginia's discipline procedures for students with disabilities are governed by 8VAC20-81-160. School personnel may remove a student with a disability from their current placement for up to 10 consecutive school days or 10 cumulative school days in a school year without it constituting a change in placement (8VAC20-81-160.B). Additional short-term removals for separate incidents of misconduct are permitted if they do not constitute a pattern. A pattern exists when removals cumulate beyond 10 school days annually, involve substantially similar behavior, or exhibit concerning proximity, duration, or total removal time (8VAC20-81-160.C). When a removal constitutes a change in placement, within 10 school days of the decision, the IEP team must conduct a manifestation determination review (MDR) to determine whether the conduct was caused by or had a direct and substantial relationship to the child's disability, or was the direct result of the LEA's failure to implement the IEP (8VAC20-81-160.D.2). If the behavior is a manifestation, the child must be returned to the prior placement unless the parent and LEA agree to a change, and an FBA/BIP must be conducted or revised (8VAC20-81-160.D.3). Special circumstances allow 45-school-day interim alternative educational settings (IAES) for weapons, illegal drugs, or serious bodily injury without an MDR (8VAC20-81-160.C.5.a). During any long-term removal, FAPE must continue to the extent necessary to enable the student to participate in the general education curriculum and progress toward IEP goals (8VAC20-81-160.C.6.a). A hearing officer may order an additional 45-school-day IAES placement if returning the student poses a substantial risk of injury (8VAC20-81-160.F.3). Virginia also requires specific restraint and seclusion procedures under 8VAC20-750 that interact with disciplinary processes (see restraint_seclusion topic).