Can a student with an IEP be expelled?

By the IEP Atlas editorial teamLast updated November 1, 2026

Short answer

Yes, a student with an IEP can be expelled, but only after extra steps. The school must first hold a manifestation determination. If the behavior was caused by the disability or by the school not following the IEP, the student generally cannot be expelled for it. Even when expulsion goes ahead, the school must keep providing special education services.

Expulsion is the most serious discipline a school can use. For a student with an IEP, federal law does not ban it, but it adds protections that other students do not get.^[1] The biggest one: your child's education does not stop. A free appropriate public education must be available to children with disabilities who have been suspended or expelled.^[2]

This page explains the federal rules in plain words. State laws on expulsion differ a lot, and so do district codes of conduct. If your child is facing expulsion, you may want to talk with a special education lawyer or advocate quickly, because the timelines are short.

The steps before an expulsion

An expulsion is a removal of more than 10 school days, so it is a change of placement.^[3] Before it can happen:

The school tells you the same day it decides to seek a change of placement, and gives you the procedural safeguards notice.^[1]
The team holds a manifestation determination within 10 school days. You, the school and the relevant IEP team members decide whether the behavior was caused by, or closely linked to, the disability, or was the direct result of the school not following the IEP.^[1]
The answer decides what happens next. See the table below.

The manifestation determination guide explains the review in detail.

What happens after the review

If the team decides	Can the school expel?	What the school must do
Yes, the behavior was a manifestation	Generally no	Return your child to the placement, do a functional behavior assessment, and write or review a behavior plan^[1]
No, it was not a manifestation	Yes, the same way it would for any student	Keep providing services so your child can work on IEP goals and the general curriculum, in another setting^[1]
Weapons, illegal drugs or serious bodily injury	Removal to another setting for up to 45 school days is allowed even if it was a manifestation; if it was not, expulsion is also possible	Provide services in that setting^[1]

An annotated example

This example is made up. Hold it next to any letters you get from the school.

The letter (May 2): "Your son, Tyler, is suspended for 10 days pending a recommendation for expulsion for the rest of the school year, for fighting on April 30."

Note: A recommendation for expulsion is a change of placement. Look for the procedural safeguards notice in the same envelope. It should arrive the same day.

The meeting notice (May 6): The manifestation determination is set for May 13.

Note: That is within 10 school days of the decision. Ask for Tyler's records now so you can read them before the meeting.

The decision (May 13): The team finds the fight was not a manifestation. Tyler has a learning disability in writing, and the team found no link to the fight. The IEP had been followed.

Note: You can ask what information the team used. If you disagree, you can ask for an expedited hearing.

The plan (May 15): The school board expels Tyler for the rest of the year. The IEP team decides he will attend the district's alternative program 3 hours a day, with his writing support and online classes.

Note: Services continue during the expulsion. If a letter says your child will get "no services," ask about it in writing right away.

If your child was not yet found eligible

If your child does not have an IEP yet, you may still have these protections if the school knew about a possible disability before the behavior. That can be because you wrote to staff with concerns, you asked for an evaluation, or a teacher told a supervisor about a pattern of concerning behavior.^[4] If you ask for an evaluation during the discipline, the school must speed it up.

If police are involved

A school can report a crime to the police. If it does, it must make sure copies of your child's special education and discipline records are sent to the authorities it reports to, as far as privacy law allows.^[5]

If you disagree

You can appeal the manifestation decision or the placement through an expedited due process hearing. The hearing must happen within 20 school days of the request, with a decision within 10 school days after it.^[6] During the appeal, your child generally stays in the interim setting until the decision or until the removal period ends, whichever comes first.^[7]

Questions you can ask the school

"Is this a change of placement? How many days has my child been removed this year?"
"Can I have a copy of the procedural safeguards notice?"
"When is the manifestation determination, and can I see the records first?"
"Was every part of the IEP followed in the weeks before this happened?"
"If expulsion goes ahead, where will my child get services, and for how many hours a day?"
"Who will decide the services, and when will I get that in writing?"
"How do I ask for an expedited hearing if I disagree?"

Next steps

Write down every date: the incident, each letter and the meeting.
Ask for your child's records right away, including discipline and behavior data.
Read the 10-day rule guide to check how days are counted.
Contact your state's Parent Training and Information Center for free help. You can find it through the Center for Parent Information and Resources.^[8]
Consider talking with a lawyer or advocate who knows special education discipline in your state.

The special education rights overview lists your other rights. The glossary defines disciplinary removal and manifestation determination.

Frequently asked questions

Does my child keep getting services if they are expelled?

Yes. Under IDEA, special education services continue during an expulsion. The IEP team decides the services and setting so your child can keep working on IEP goals and the general curriculum.

Can a school expel a student for behavior caused by their disability?

Generally no. If the team finds the behavior was a manifestation of the disability, the student returns to the placement and the school must address the behavior. Weapons, drugs and serious bodily injury allow a removal of up to 45 school days.

Does a student with a 504 plan get the same protections?

Students with 504 plans also get a review before a long removal under Section 504. The IDEA rule that services continue during expulsion applies to students with IEPs. Check your district's 504 procedures.

Use it in IEP Atlas

Sources

34 CFR §300.530: Authority of school personnel, U.S. Department of Education (IDEA website)
34 CFR §300.101: Free appropriate public education (FAPE), Legal Information Institute, Cornell Law School
34 CFR §300.536: Change of placement because of disciplinary removals, 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)
34 CFR §300.535: Referral to and action by law enforcement and judicial authorities, Legal Information Institute, Cornell Law School
34 CFR §300.532: Appeal, U.S. Department of Education (IDEA website)
34 CFR §300.533: Placement during appeals, U.S. Department of Education (IDEA website)
Center for Parent Information and Resources, CPIR
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.