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).
What Virginia Requires
Students with disabilities may be removed for up to 10 consecutive or cumulative school days per year without a change in placement (8VAC20-81-160.B).
A pattern of removals constituting a change in placement triggers the MDR and full IDEA procedural safeguards (8VAC20-81-160.C).
MDR must determine if conduct was caused by disability or resulted directly from the LEA's failure to implement the IEP (8VAC20-81-160.D.2).
If behavior is a manifestation, the child must be returned to prior placement and FBA/BIP conducted or revised (8VAC20-81-160.D.3).
Special circumstances (weapons, illegal drugs, serious bodily injury) allow 45-school-day IAES placements without MDR (8VAC20-81-160.C.5.a).
FAPE must continue during any long-term removal to the extent necessary for curriculum participation and goal progress (8VAC20-81-160.C.6.a).
Key Timelines
Short-term removal limit: 10 consecutive or cumulative school days per year before change-in-placement analysis required (8VAC20-81-160.B).
MDR must be held within 10 school days of the removal decision (8VAC20-81-160.D.2).
Special circumstances IAES: up to 45 school days (8VAC20-81-160.C.5.a).
Hearing officer may extend IAES for additional 45 school days if substantial risk of injury exists (8VAC20-81-160.F.3).
Expedited due process hearing: within 20 school days; decision within 10 school days after hearing (8VAC20-81-210.R.1).
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.