Interim alternative educational settings
By the IEP Atlas editorial teamLast updated
Short answer
An interim alternative educational setting (IAES) is a temporary placement, chosen by the IEP team, where a student with an IEP receives services during a disciplinary removal. It is covered in 34 CFR 300.530 to 300.533. Schools may use it for up to 45 school days for weapons, illegal drugs or serious bodily injury.
An interim alternative educational setting, or IAES, is a short-term place to learn during a discipline removal. It is outside the student's usual class or school. The student keeps getting instruction and IEP services there.[1] "Interim" is the key word. It has an end date, and then the student returns to a placement.
This page defines the term under federal rules. States add their own rules on settings and staff. Close calls belong with the district's special education office or its lawyer. The broader discipline framework is in the 10-day rule guide.
When an IAES is used
The federal rules allow an IAES in three situations:
- Short removals. Staff may send a student to an IAES for up to 10 school days in a row, as they could any student.[1]
- Special circumstances. Staff may send a student to an IAES for up to 45 school days for weapons, drugs or serious injury. This is allowed even if the behavior was caused by the disability.[1]
- Hearing officer order. In a fast-track hearing, a hearing officer may order an IAES for up to 45 school days. The officer must find that keeping the student in place is very likely to lead to someone getting hurt.[3]
The special circumstances apply when the student does one of these things at school, on school grounds or at a school event:[1]
- carries or has a weapon
- knowingly has or uses illegal drugs, or sells or asks to buy a controlled substance
- has inflicted serious bodily injury on another person
"Weapon" and "serious bodily injury" have narrow meanings taken from federal criminal law. A serious bodily injury is not a bruise or a scrape. It means things like a real risk of death, extreme pain, or lasting harm to the body.[1]
Who chooses the setting
The IEP team picks the IAES in most cases. That includes the 45-day special circumstances and long removals for behavior that was not caused by the disability.[2] One administrator alone does not pick it.
What the student receives there
In an IAES, the student must keep getting services. They must let the student keep up in the general curriculum and work toward IEP goals. When it fits, the student also gets a behavior assessment and behavior support, so the behavior is less likely to happen again.[1]
If the parent appeals, the student usually stays in the IAES during the appeal. The stay ends when the hearing officer decides or the removal period ends, whichever comes first. The parent and district can agree to something else.[4]
An example
This example is fictional.
Kayla, grade 10, has an IEP for a learning disability. On October 7, a search finds a knife with a 5-inch blade in her backpack. The district notifies her mother that day and gives the procedural safeguards notice.
On October 9, the IEP team meets. It selects the district's alternative learning center as Kayla's IAES for up to 45 school days. There she attends a small class with a special education teacher, keeps her 45 minutes a day of reading support, and continues her online biology course.
On October 17, the team holds the manifestation determination and finds the conduct was not a manifestation. Because of the weapon, the 45-day IAES stands either way. The team schedules a review before her planned return in mid-December.
IAES vs alternative school placement
People often mix up an IAES with a long-term move to an alternative school. Both may happen in the same building. They are still different decisions.
| Interim alternative educational setting | Alternative school placement | |
|---|---|---|
| Purpose | Temporary setting during a disciplinary removal | A change of the student's ongoing placement |
| Who decides | IEP team, for most removals[2] | IEP team, through the normal placement process[5] |
| Time limit | Up to 10 school days per short removal, or up to 45 school days for special circumstances or a hearing officer order | No set limit; reviewed at least annually |
| Basis in the rules | 34 CFR 300.530 to 300.533 | 34 CFR 300.114 to 300.116 (least restrictive environment and placements) |
| Parent's role | Notice and appeal rights; stay in the IAES during appeal | Member of the team; prior written notice; stay put during a due process case[6] |
| What it requires | Services to progress in the curriculum and on IEP goals | A full IEP carried out in that setting |
The least restrictive environment guide explains ongoing placement decisions, and the stay put guide compares stay put with the discipline appeal rule.
Where to read next
The manifestation determination checklist lists the steps around an IAES decision, and the post-suspension IEP meeting guide covers the return. Parents may want can a student with an IEP be expelled? The glossary defines disciplinary removal and manifestation determination.
Frequently asked questions
Is in-school suspension an interim alternative educational setting?
It can be used as one for a short removal. Whether in-school suspension days count toward the 10-day total depends on whether the student kept getting IEP services, curriculum access and time with peers.
Can the 45-day IAES be extended?
The special circumstances removal is limited to 45 school days. If the district believes returning the student is dangerous, it can ask for an expedited hearing, and a hearing officer can order another IAES of up to 45 school days.
Does a student in an IAES still have an IEP?
Yes. The IEP stays in effect. The student must receive services to progress in the general curriculum and toward IEP goals, plus behavior assessment and services as appropriate.
Use it in IEP Atlas
- Disciplinary removal in the IEP glossary
- Manifestation determination in the IEP glossary
- Procedural safeguards in the IEP glossary
- Continuum of placements in the IEP glossary
Related guides
- Special education rights for parents and students: an overview
- The 10-day rule for suspending students with IEPs
- Post-suspension IEP meeting: purpose and agenda
- Can a student with an IEP be expelled?
- Manifestation determination checklist
Sources
- 34 CFR §300.530: Authority of school personnel, U.S. Department of Education (IDEA website)
- 34 CFR §300.531: Determination of setting, U.S. Department of Education (IDEA website)
- 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)
- 34 CFR §300.116: Placements, U.S. Department of Education (IDEA website)
- 34 CFR §300.518: Child's status during proceedings, U.S. Department of Education (IDEA website)
- 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.