My Child with an IEP Is Being Repeatedly Suspended

Suspension after suspension, but no one is addressing the root cause. Here's how to break the cycle.

Mary, Special Education Advocate
Expert Reviewedby Mary

"I've sat at over 500 IEP tables."

I'm Mary, a Special Education Advocate and the founder of The Advocate Ally. I created this goal bank because I was tired of seeing parents bullied into accepting generic, "cookie-cutter" IEPs.

The goals below aren't just random suggestions—they are the exact same forensically sound goals I fight for in meetings every day. Use them to demand better for your child.

Mary

Founder, The Advocate Ally

What's Happening

Your child is being suspended repeatedly for behaviors that are likely connected to their disability. The school may be imposing exclusionary discipline without conducting a Manifestation Determination Review (MDR).

Your Legal Rights

After 10 cumulative days of suspension in a school year, the school must conduct a Manifestation Determination Review (MDR) to determine if the behavior is related to the disability.

  • After 10 days of suspension, the school must convene a Manifestation Determination Review (MDR).
  • If the behavior IS a manifestation of the disability, the school cannot suspend or expel the student.
  • The school must conduct a Functional Behavior Assessment (FBA) and create or revise a Behavior Intervention Plan (BIP).
  • You have the right to 'Stay Put' protections during any dispute over discipline.

What To Do Right Now

1

Track every suspension: date, duration, reason, and whether the school offered alternative services.

2

After 10 days of cumulative removal, demand a Manifestation Determination Review in writing.

3

If no FBA or BIP exists, request one immediately—the school should have done this proactively.

4

If the MDR finds it IS a manifestation, the student returns to their placement and the BIP is revised.

Don't Go Into This Blind

Before you send any letters or file any complaints, let me review the IEP first. I catch problems most parents miss — and I'll show you exactly what to reference in your dispute, with the specific IDEA citations you need.

Run Free IEP AuditGet Custom Action Plan

Frequently Asked Questions

What counts toward the 10-day rule?
Any removal from the school setting counts: in-school suspension, out-of-school suspension, and 'sending the child home early.' Even bus suspensions may count.
What if the school says the behavior is NOT a manifestation?
You have the right to appeal through due process. The school's determination is not final—a hearing officer can overturn it.
What is a Functional Behavior Assessment?
An FBA analyzes WHY a behavior is happening—what triggers it and what the child is trying to achieve. It's used to create a Behavior Intervention Plan (BIP) that replaces punishment with support.
Free Tool

Find the violations before you fight

Upload your IEP and I'll review every section — you'll see exactly what to dispute and how.

Start Free Audit

Other Dispute Guides

Related Letter Templates

More Resources