IEP Discipline Protections
Regulations under IDEA protect special education students from being punished for behaviors that are related to their disabilities. However, this does not mean special education students are immune from all discipline. Appropriate discipline interference from their Individualized Education Program (IEP) must be independently determined. Types of discipline are varied and can range from a verbal reprimand to suspension or expulsion.

When the school personnel consider disciplinary measures for inappropriate behavior, attention must be given to:

• the individual student and his/her disability;
• his/her IEP;
• discipline alternatives applied to non-disabled students;
• behavior assessments and plans;
• cumulative suspension days for the current school year; and
• the type and severity of the misconduct.

Discipline Procedures:

1. Suspension, less than 10 days
2. Suspension, greater than 10 days
3. 45-day Interim Alternative Education Setting
4. Manifestation Hearing
5. Parent Appeal
6. Legal Protection for Non-Special Education Students
7. Functional Behavior Assessment

Note: The disciplinary plan is an example from the Peoria, Illinois school district, AND is not the federally mandated course of disciplinary action for disabled students. Disciplinary procedures may vary slightly from different school districts in the U.S.

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