IEP Discipline Procedures in Wyoming
Can a school suspend or expel a student with an IEP in Wyoming?
Wyoming follows federal IDEA discipline procedures as codified in WY Rules Ch. 7 § 12 and 34 CFR 300.530–300.536. School personnel may remove a student with a disability for disciplinary reasons to an appropriate interim alternative educational setting (IAES), another setting, or suspension for no more than 10 consecutive school days, and for additional removals that do not constitute a change of placement without triggering special protections. For removals exceeding 10 cumulative school days that constitute a change of placement, a manifestation determination review (MDR) must be conducted within 10 school days. If the conduct is a manifestation of the disability, the student must be returned to their current placement (unless the parent and district agree to a change as part of a modified BIP), and services continue. For special circumstances involving weapons, drugs, or serious bodily injury, school personnel may place a student in an IAES for up to 45 school days regardless of manifestation. Wyoming students with disabilities are entitled to continue receiving FAPE during any disciplinary removal.
What Wyoming Requires
Students with disabilities are entitled to receive FAPE during disciplinary removals, including during any removal to an IAES (WY Rules Ch. 7 § 12; 34 CFR 300.530(d)).
A manifestation determination review must be conducted within 10 school days of any decision to change placement due to a violation of a code of student conduct (WY Rules Ch. 7 § 12; 34 CFR 300.530(e)).
The MDR team must determine whether the conduct was caused by or had a direct and substantial relationship to the disability, or was a direct result of the district's failure to implement the IEP (WY Rules Ch. 7 § 12; 34 CFR 300.530(e)(1)).
If the behavior is a manifestation of the disability, the IEP team must conduct an FBA (if not already done) and modify the BIP to address the behavior (34 CFR 300.530(d)(1)(ii)).
For special circumstances (weapons, drugs, serious bodily injury), school personnel may place the student in an IAES for up to 45 school days regardless of manifestation finding (WY Rules Ch. 7 § 12; 34 CFR 300.530(g)).
Parents may appeal any disciplinary placement change through an expedited due process hearing (WY Rules Ch. 7 § 12; 34 CFR 300.532).
Key Timelines
10 consecutive school days: maximum removal without triggering change-of-placement protections (34 CFR 300.530(b)).
10 school days: manifestation determination review must be conducted after decision to change placement (WY Rules Ch. 7 § 12; 34 CFR 300.530(e)(1)).
45 school days: maximum IAES placement for special circumstances (weapons, drugs, serious bodily injury) (34 CFR 300.530(g)).
20 school days: expedited hearing decision must be issued (34 CFR 300.532(c)(2)).