IEP and School suspension steps By Kelly Jean Sullivan

 When a child with an Individualized Education Program (IEP) is put on school suspension, the school must follow specific procedures to ensure that the child's rights are protected and that their educational needs are still met. Here is a list of procedures that schools should take

1. Immediate Notification

   • Notify the child's parents or guardians about the suspension as soon as possible, ideally on the same day.

2. Provide Written Notice

   • Provide a written notice of the suspension to the parents or guardians, detailing the reason for the suspension, the length of the suspension, and the dates it will take place.

3. Consideration of the IEP

   • Review the child's IEP to ensure that the suspension does not violate the provisions of their educational plan.

4. Conduct a Manifestation Determination Review (MDR)

   • If the suspension is for more than 10 consecutive school days or if the child has been subjected to a series of suspensions that constitute a pattern, conduct an MDR within 10 school days of the decision to suspend the child. This review determines whether the behavior that led to the suspension was a manifestation of the child’s disability.

5. Determine the Need for a Functional Behavioral Assessment (FBA):

   • If the behavior is determined to be a manifestation of the child’s disability, the IEP team must conduct an FBA and implement or revise a Behavior Intervention Plan (BIP) to address the behavior.

6. Provision of Services During Suspension

   • Ensure that during suspensions of more than 10 days in a school year, the child continues to receive educational services so that they can continue to participate in the general education curriculum and progress toward meeting their IEP goals.

7. Alternative Educational Setting

   • If the suspension involves removal to an alternative educational setting, ensure the setting is appropriate and that the child’s IEP can still be implemented there.

8. Reconvene the IEP Team

   • If the suspension is for more than 10 days, the IEP team must meet to determine appropriate next steps, including any necessary changes to the IEP or additional supports and services needed to prevent recurrence of the behavior.

9. Document All Actions

   • Maintain thorough documentation of all communications with parents, meetings held, and decisions made regarding the suspension and educational services provided.

10. Parent Rights and Protections

    • Ensure that parents are aware of their procedural safeguards and rights under the Individuals with Disabilities Education Act (IDEA).