IEP Discipline Procedures in Wisconsin
Can a school suspend or expel a student with an IEP in Wisconsin?
Wisconsin's discipline procedures for students with disabilities incorporate the federal IDEA framework (34 CFR 300.530-300.536) without significant additional state-specific requirements beyond Wisconsin's robust restraint and seclusion law. School personnel may remove a student with a disability from their current placement for up to 10 consecutive school days per incident for code of conduct violations without triggering change-of-placement protections and without needing to provide educational services (for the first 10 days). For removals constituting a change of placement (more than 10 consecutive school days, or a pattern of shorter removals totaling more than 10 days in a school year), the district must conduct a Manifestation Determination Review (MDR) within 10 school days. If behavior is a manifestation of the disability, the student must be returned to their prior placement and an FBA conducted with a BIP developed or revised. Interim alternative educational settings (IAES) of up to 45 school days are available for weapons, drugs, or serious bodily injury per federal law. The stay-put provision in Wis. Stat. § 115.80(8) prohibits changing educational placement during pending due process proceedings unless parents consent.
What Wisconsin Requires
Students may be removed for up to 10 consecutive school days for code violations without triggering IDEA change-of-placement protections (34 CFR 300.530(b)).
An MDR must be conducted within 10 school days of any decision to change placement for disciplinary reasons (34 CFR 300.530(e)).
If behavior is a manifestation of disability, the student must return to the prior placement and an FBA/BIP must be conducted or revised (34 CFR 300.530(f)).
IAES of up to 45 school days is permitted for weapons, drugs, or infliction of serious bodily injury — regardless of MDR outcome (34 CFR 300.530(g)).
The stay-put provision prohibits changing educational placement during pending due process proceedings without parental consent (Wis. Stat. § 115.80(8)).
Educational services must be provided during any disciplinary removal beginning on day 11 to enable participation in the general curriculum and progress toward IEP goals (34 CFR 300.530(d)).
Key Timelines
MDR must be held within 10 school days of a disciplinary change-of-placement decision (34 CFR 300.530(e)).
Short-term removals: up to 10 consecutive school days do not constitute a change of placement and do not require educational services (34 CFR 300.530(b)).
IAES placement: up to 45 school days for weapons/drugs/serious bodily injury (34 CFR 300.530(g)).
Educational services must continue from the 11th day of any removal that constitutes a change of placement (34 CFR 300.530(d)).