IEP Discipline Procedures in Washington D.C.
Can a school suspend or expel a student with an IEP in Washington D.C.?
Washington D.C. has layered discipline protections for students with disabilities that combine federal IDEA safeguards with DC-specific limitations enacted in the Student Bill of Rights and related legislation. DC Official Code § 38-236.04 caps suspensions at 5 consecutive days per incident for grades K-5, and 10 consecutive days per incident for grades 6-12, with a 20-day cumulative annual limit across all grades. DC Official Code § 38-236.05 requires that 'all of a student's disabilities' be considered in any manifestation determination review conducted under IDEA. DC Official Code § 38-236.09 requires OSSE to publish annual discipline data disaggregated by disability status, and schools must conduct FBAs and update BIPs when behavior recurs. DC Official Code § 38-236.06 requires OSSE to provide LEAs with professional development on FBAs, BIPs, and manifestation determination reviews, and requires the DC Department of Behavioral Health to provide mental health personnel to assist with discipline plan development. Students with disabilities retain the right to access academic work during any suspension period.
What Washington D.C. Requires
DC caps suspensions at 5 consecutive school days per incident for grades K-5, and 10 consecutive school days per incident for grades 6-12; cumulative annual maximum of 20 school days across all grades (DC Official Code § 38-236.04).
Students with disabilities must receive 'special consideration' before exclusion; all disabilities must be considered in any manifestation determination review (DC Official Code § 38-236.05).
Manifestation determination reviews in DC must consider all of the student's disabilities, not just the primary category—a more protective standard than the IDEA baseline (DC Official Code § 38-236.05).
Schools must conduct FBAs and update BIPs when warranted by discipline data; OSSE provides professional development to LEAs on these processes (DC Official Code § 38-236.06; 34 CFR 300.530(d)).
DC Department of Behavioral Health must provide mental health personnel in DC schools to assist with developing discipline plans addressing behavioral root causes (DC Official Code § 38-236.06).
Suspended students retain the right to continue accessing and completing appropriate academic work during the suspension period (DC Official Code § 38-236.04).
OSSE must publish annual discipline data reports by December 15, disaggregated by disability status, race, gender, and other demographics, including trend analysis (DC Official Code § 38-236.09).
Schools cannot refer a student to law enforcement for incidents occurring in school without documenting the location and context; schools must use school-based alternatives including behavioral therapy before suspension when possible (DC Official Code § 38-236.01).
Key Timelines
Suspension caps: maximum 5 consecutive days per incident (K-5) or 10 consecutive days (6-12); maximum 20 cumulative days per year (DC Official Code § 38-236.04).
Manifestation determination review: within 10 school days of decision to suspend for more than 10 school days or change placement (34 CFR 300.530(e)).
OSSE annual discipline data report: published by December 15 annually (DC Official Code § 38-236.09).
FBA and BIP update: must be conducted when warranted by discipline data; no specific deadline in DC statute beyond IDEA requirements (DC Official Code § 38-236.06; 34 CFR 300.530(d)(1)(ii)).