The 10-day rule for suspending students with IEPs

By the IEP Atlas editorial teamLast updated November 1, 2026

Short answer

Under the 10-day rule, a school may remove a student with an IEP for up to 10 school days in a school year, the same way it would remove any student, without added IDEA steps. From the 11th day of removal, the school must provide services. A removal that is a change of placement also requires a manifestation determination within 10 school days.

The "10-day rule" is shorthand for a set of provisions in 34 CFR 300.530 and 300.536. It answers three questions an administrator faces after an incident: can we remove this student, do we owe services during the removal, and is this removal a change of placement that triggers a manifestation determination?^[1]^[2]

This page lays out the federal rule. Many states add their own limits on suspension, such as caps for young children or required notices, and district codes of conduct differ. When the facts are close, check with the district's special education office or counsel. The special education rights overview covers the broader safeguards.

The rule in four parts

Up to 10 consecutive school days per incident. School staff may remove a student who violates the code of conduct to an interim setting, another setting, or suspension for up to 10 school days in a row, to the extent they would for a student without a disability.^[1]
More short removals in the same year are allowed, for separate incidents, as long as they do not add up to a change of placement.^[1]
Services start after 10 days. Once a student has been removed for 10 school days in a school year, the school must provide services during any later removal.^[1]
A change of placement triggers more. A removal of more than 10 consecutive school days, or a series of removals that forms a pattern, is a change of placement.^[2] The school must notify parents that day and hold a manifestation determination within 10 school days.^[1]

The rules also require case-by-case consideration. Staff may weigh any unique circumstances when deciding whether a change of placement is right for a student who broke the code of conduct.^[1]

Rules at a glance

Situation	Services required?	Who decides services	Manifestation determination?	State variation
Days 1 to 10 of removal in the school year	Only if the school serves general education students who are removed^[1]	n/a	No	Often: some states limit suspensions for young students
Day 11 and beyond, short removal, not a change of placement	Yes, enough to progress in the general curriculum and toward IEP goals	School staff, with at least one of the student's teachers^[1]	No	Sometimes
Removal of more than 10 consecutive school days	Yes	The IEP team^[1]	Yes, within 10 school days of the decision	Sometimes
Series of removals over 10 days that forms a pattern	Yes	The IEP team	Yes	Sometimes: how patterns are judged
Weapons, illegal drugs, serious bodily injury	Yes, in an interim setting up to 45 school days	The IEP team picks the setting^[3]	Yes, but removal can happen regardless of the result	Rarely
Student not yet eligible, school had knowledge of a possible disability	Same protections as an eligible student	Same	Same^[4]	Sometimes

One student's removals by date

This scenario is fictional.

Diego is in grade 8 with an IEP for emotional disturbance. His school year starts August 21.

Date	Incident	Days removed	Running total	What the rule requires
September 18	Profanity at a teacher	2	2	Nothing extra
October 9	Left class, refused to return	3	5	Nothing extra
November 13	Pushed a student in the hall	4	9	Nothing extra; team should review the behavior plan
December 5	Threw a chair, no one hurt	3	12	Services from day 11; decide whether this is a pattern

On December 5, the removal would take Diego past 10 days. The school must provide services on the 11th and 12th days. If it concludes the four removals form a pattern, which is likely given the escalating, similar conduct close together, this is a change of placement. That means notice to the parent the same day, the procedural safeguards notice, and a manifestation determination within 10 school days.^[1]^[2]

A team watching the running total would have met after November 13. At 9 days, there was still room to revise Diego's behavior plan before the next incident. The post-suspension IEP meeting guide covers that meeting.

What "services" means after day 10

Services must let the student continue to take part in the general education curriculum, although in another setting, and progress toward IEP goals. As appropriate, the student also receives a functional behavior assessment and behavior intervention services designed to keep the behavior from happening again.^[1] Worksheets left at the front office rarely meet that standard. The FBA and BIP guide explains those two tools.

Counting days correctly

The count is in school days, not calendar days, and it resets each school year. Partial-day removals, repeated early pickups and some in-school suspensions can count toward the total. The cumulative removals guide shows how to count, and informal removals and early pickups covers the removals that do not get called suspensions.

Common misreadings

"Students with IEPs can't be suspended." They can. Short removals follow the same code of conduct as any student's.
"The 10 days are per incident only." The yearly total also matters, for services and for the pattern question.
"Services start once there is a manifestation determination." Services are owed from the 11th day of removal in the year, whatever the reason.
"A pattern needs the same offense code." The test looks at whether the behavior is substantially similar, not the label on the referral.^[2]
"The principal decides services for long removals." For a change of placement, the IEP team decides.^[1]

After the 10th day

When the removal is a change of placement, the next steps are the manifestation determination and, depending on the result, a return to placement or discipline with services. See what is a manifestation determination and the manifestation determination checklist. For alternatives that keep students in school, see alternatives to suspension.

The glossary entries for disciplinary removal, manifestation determination and procedural safeguards give short definitions.

Frequently asked questions

Does the 10-day rule count school days or calendar days?

School days. A removal over a weekend does not add the weekend days. The total resets at the start of each school year.

Is the 10-day rule 10 days per incident or per year?

Both matter. A single removal can last up to 10 consecutive school days. Separately, once removals total 10 school days in a school year, services are required during later removals, and a pattern can make them a change of placement.

Does the 10-day rule apply to students with 504 plans?

Section 504 has its own discipline protections, and federal guidance applies a similar change-of-placement analysis. The IDEA service requirements after day 10 apply to students with IEPs. Check your district's 504 procedures.

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Sources

34 CFR §300.530: Authority of school personnel, U.S. Department of Education (IDEA website)
34 CFR §300.536: Change of placement because of disciplinary removals, U.S. Department of Education (IDEA website)
34 CFR §300.531: Determination of setting, U.S. Department of Education (IDEA website)
34 CFR §300.534: Protections for children not determined eligible for special education and related services, U.S. Department of Education (IDEA website)
Honig v. Doe, 484 U.S. 305 (1988), Library of Congress (U.S. Reports)
Placement and School Discipline, CPIR

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.