IEP Discipline Procedures in Washington
Can a school suspend or expel a student with an IEP in Washington?
Washington's discipline procedures for students with disabilities are governed by WAC 392-172A-05140 through 05175, which incorporate federal IDEA requirements (34 CFR 300.530-300.536). School personnel may remove a student with a disability for up to 10 consecutive school days for code of conduct violations without triggering additional IDEA requirements (WAC 392-172A-05145). For removals beyond 10 cumulative school days in a school year that constitute a change of placement, the district must: (1) provide educational services that allow the student to continue in the general education curriculum and progress toward IEP goals; and (2) determine how IEP services will be provided. A Manifestation Determination Review (MDR) must be conducted within 10 school days of any decision to change placement for disciplinary reasons (WAC 392-172A-05146). The MDR must determine whether the conduct was caused by or substantially related to the disability, or was a direct result of the district's failure to implement the IEP. If found to be a manifestation, the district must take immediate steps to remedy IEP deficiencies (WAC 392-172A-05147). For weapons, drugs, or serious bodily injury, interim alternative educational settings of up to 45 school days are permitted (WAC 392-172A-05149). Under WAC 392-172A-02000(4), Washington requires that FAPE be provided to students who are suspended or expelled beyond 10 days.
What Washington Requires
Students with disabilities may be removed for up to 10 consecutive school days for code of conduct violations without triggering additional IDEA protections (WAC 392-172A-05145(1)).
After 10 cumulative days of removal constituting a change of placement, the district must provide educational services enabling continued curriculum participation and progress toward IEP goals (WAC 392-172A-05145(3)).
A Manifestation Determination Review (MDR) must be conducted within 10 school days of any decision to change placement for disciplinary reasons (WAC 392-172A-05146).
If behavior is a manifestation of the disability, the district must take immediate steps to remedy IEP deficiencies and may not proceed with the planned placement change (WAC 392-172A-05147).
Interim alternative educational settings up to 45 school days are permitted for weapons, drugs, or infliction of serious bodily injury (WAC 392-172A-05149; 34 CFR 300.530(g)).
Washington requires FAPE for students suspended or expelled beyond 10 school days (WAC 392-172A-02000(4)).
School districts may refer matters to law enforcement; however, special education protections remain in place (WAC 392-172A-05175).
Key Timelines
MDR must be held within 10 school days of a decision to change placement (WAC 392-172A-05146).
Short-term removal: up to 10 consecutive school days without triggering change-of-placement requirements (WAC 392-172A-05145(1)).
IAES for weapons/drugs/serious bodily injury: up to 45 school days (WAC 392-172A-05149; 34 CFR 300.530(g)).
Parent notification of placement change due to discipline must be provided on the same day (WAC 392-172A-05150).