How Do Schools Determine Appropriate Disciplinary Measures for Students with IEPs?
When schools consider disciplinary action for students with Individualized Education Programs (IEPs), the process involves more than simply enforcing a code of conduct. Federal and Maryland state laws demand a careful, legally compliant response when disciplining students with disabilities.
At Advocates for the Voiceless, we regularly work with families across Maryland who are trying to protect their children's rights after disciplinary actions that may conflict with disability law.
Understanding how these decisions are made can help parents respond with clarity and purpose when their child is facing suspension, expulsion, or other punitive action.
The Intersection of Discipline and Disability Law
Disciplinary measures must align with disability law, particularly the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. These laws require schools to recognize that behaviors exhibited by a student with a disability may be linked to that disability.
A disciplinary response that doesn't consider this connection may violate the child’s right to a free appropriate public education (FAPE), especially if it results in the removal of the child from their educational setting for more than ten consecutive school days.
Under Maryland law and IDEA, schools aren't allowed to discipline students with IEPs in the same manner as students without disabilities if the behavior in question is a direct manifestation of the student’s disability.
This doesn't mean students with IEPs can never be disciplined—but it does mean their educational rights must be protected and respected throughout the process.
Manifestation Determination Review (MDR)
When a disciplinary measure would result in a suspension of more than ten days, schools are required to conduct what’s known as a Manifestation Determination Review (MDR).
During this review, the IEP committee must determine whether the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability, or whether the conduct resulted from the school’s failure to implement the IEP.
This is a critical safeguard rooted in disability law. If the behavior was related to the disability or to an improper implementation of the IEP, the school cannot carry out the proposed disciplinary action in the same manner it would for a student without a disability.
Instead, the student must return to their original placement, unless the parents and school agree to a change or a hearing officer determines otherwise.
Functional Behavior Assessments and Behavior Intervention Plans
One of the ways Maryland schools are expected to support students who face disciplinary problems is by conducting a Functional Behavior Assessment (FBA). This assessment seeks to identify the underlying cause or function of the student’s behavior. Once that’s understood, a Behavior Intervention Plan (BIP) is created to support the
student with appropriate strategies, interventions, and positive reinforcements designed to reduce unwanted behaviors and promote success.
At Advocates for the Voiceless, we’ve seen how important FBAs and BIPs are to the disciplinary process. If a child is disciplined without an FBA or without updating a BIP that is clearly ineffective, the school may be acting in violation of disability law.
Maryland educators are expected to use discipline as a tool for support and redirection, not just punishment, especially when a child’s disability contributes to behavioral issues.
Alternative Educational Placements
Under certain conditions, schools may place a student with an IEP in an interim alternative educational setting (IAES) for up to 45 school days. This is often done in cases involving weapons, illegal drugs, or serious bodily injury.
Even in these cases, the school must still offer services that allow the student to continue working toward IEP goals.
This is another example of how disability law protects students even in more serious disciplinary situations. Removing a student from their regular classroom doesn’t eliminate the school’s obligation to deliver educational services. The IEP team must determine how to provide the student with instruction and services in the new setting.
We consistently remind families that educational access doesn't end with disciplinary action. Schools in Maryland are legally bound to support students with disabilities regardless of behavior, as long as those behaviors are related to the student’s condition.
How Schools Decide What’s Appropriate
Schools must make disciplinary decisions on a case-by-case basis, always considering the individual student’s disability, IEP goals, prior behavior, and any interventions already in place.
Maryland’s public school system encourages schools to focus on restorative and supportive practices. These might include counseling, social skills training, peer mediation, or academic adjustments rather than punitive measures like suspension or expulsion.
Behavioral issues are rarely isolated events. They often reflect larger unmet needs. Schools must approach discipline not as an end, but as an opportunity to understand and support the student more effectively.
Any decision regarding discipline should be consistent with the IEP and should prioritize keeping the student in an environment conducive to learning and growth. The process should be collaborative, with families involved at every step.
What Parents Should Do When Discipline Becomes a Problem
If your child with an IEP has been disciplined in a way that seems unfair or counterproductive, it's vital to act quickly. The sooner you engage with the school and request a review of the decision, the more options you’ll have to advocate for your child’s rights under disability law.
At Advocates for the Voiceless, we help families take clear and strategic action when schools mishandle discipline. The key is understanding what rights you have and how to enforce them.
Key Steps Families Can Take When Facing Disciplinary Action
When facing disciplinary action,
Request all documentation related to the incident, including disciplinary referrals, incident reports, and emails among school personnel.
Ask for a Manifestation Determination Review if your child faces a suspension longer than ten days. This is your right under IDEA and Maryland disability law.
Check whether an FBA has been conducted, and if not, request one. This can lead to a revised or improved Behavior Intervention Plan.
Make sure the IEP is being followed. If the school failed to implement services or accommodations and that contributed to the behavior, they may not legally discipline your child.
Attend all meetings with clear documentation and a written statement about your concerns. You have the right to bring an advocate or attorney to IEP meetings.
Request an Independent Educational Evaluation (IEE) at public expense if you disagree with the school’s conclusions.
File a due process complaint if the school refuses to honor your child's rights under disability law.
We’ve supported many families through this process. With the right information and a strong voice, parents can hold schools accountable for actions that conflict with Maryland disability law.
IEP Reviews After Disciplinary Incidents
After any disciplinary issue involving a student with an IEP, Maryland schools are encouraged to conduct an IEP review meeting. This meeting allows educators and parents to reassess whether the current supports and services are working. If not, the IEP can be revised to include new interventions.
In our work at Advocates for the Voiceless, we often push for additional mental health supports, modified schedules, or one-on-one behavioral support when appropriate.
If the school fails to initiate this review, parents can formally request one in writing. This kind of proactive response can prevent future incidents and reinforce the idea that IEPs should evolve as students grow and face new challenges.
When Schools Violate Disability Law
Unfortunately, some schools misinterpret or ignore their obligations. A student may be suspended repeatedly without an FBA or without a meaningful review of the IEP.
Others may be removed from class and placed in inferior settings with limited instructional time. These actions can deprive the student of a meaningful education and cause long-term harm.
Under Maryland law and federal disability law, parents can file complaints with the Maryland State Department of Education or request a due process hearing. These formal procedures give families an opportunity to challenge unlawful disciplinary decisions and secure corrective action.
At Advocates for the Voiceless, we’ve helped many clients reverse unfair school actions and recover services their child missed during illegal suspensions or placements.
Reach Out Today
Disciplinary decisions for students with IEPs must be handled carefully, thoughtfully, and lawfully. These children are entitled to protection under Maryland and federal disability law, and when schools rush to punish without investigating underlying causes or legal obligations, they fail their students.
We work with families to push back against these failures and advocate for approaches that prioritize education and support, not exclusion and punishment.
Every child deserves the opportunity to learn and grow in a school environment that understands their needs. If your child has been subjected to unfair disciplinary actions, we encourage you to reach out to us at Advocates for the Voiceless.
We are committed to protecting the rights of children with disabilities and holding schools accountable to the law. We’re proud to serve Riverdale Park, Maryland, and the surrounding areas. Call today.
