Indiana School Discipline and IEP: Suspension Rules Parents Need to Know

Your child with an IEP got suspended. Now you're wondering whether the school followed the rules — or whether they even had to follow different rules because of the IEP. The answer is yes: Indiana law under 511 IAC Article 7 imposes specific obligations on schools before, during, and after a disciplinary removal of a student with a disability.

Here is what the rules actually say.

Indiana Uses Instructional Days, Not Calendar Days

Before anything else, you need to understand how Indiana counts suspension time. Article 7 uses instructional days — any day or part of a day that students are expected to be in attendance. That means weekends, holidays, winter break, and snow days do not count.

This matters because the key threshold — 10 days — can take longer to accumulate than parents expect. A two-week suspension that spans a holiday week might only count as 8 or 9 instructional days, keeping the school just under the limit where more serious legal obligations kick in.

Keep your own count. Don't assume the school is tracking it accurately.

The 10-Day Threshold: Where Rights Change

For the first 10 cumulative instructional days of removal in a school year, Indiana schools can treat a student with an IEP largely the same as a general education student for disciplinary purposes. They can suspend, send home, or remove without convening the Case Conference Committee (CCC) first.

However, even short suspensions carry obligations. During any removal, the school must continue to provide educational services that allow the student to participate in the general education curriculum and progress toward IEP goals. This is not a break from services — it is a continuation of FAPE in a different setting.

Once suspensions exceed 10 cumulative instructional days in the same school year, a disciplinary "change of placement" has occurred. From this point, the school must:

• Convene the CCC to conduct a Manifestation Determination Review (MDR) within 10 school days
• Provide educational services in whatever interim setting is used
• Notify you in writing of the disciplinary action and your procedural safeguards

If the school attempts to expel or long-term remove your child without completing an MDR, that is a procedural violation you can challenge.

What Triggers Immediate MDR Rights

Certain disciplinary actions trigger MDR requirements regardless of how many days of suspension have accumulated:

• Any proposal to expel a student with an IEP
• Any removal to an Interim Alternative Educational Setting (IAES) that extends beyond 10 instructional days
• Any pattern of short removals that, taken together, total more than 10 instructional days and constitute a change of placement

The school does not get to avoid the MDR by breaking a long removal into multiple shorter ones. If a series of short suspensions adds up to a pattern and the CCC has not reviewed whether the behavior is related to the disability, the school is not in compliance.

What the MDR Must Determine

The Case Conference Committee — including you as a required participant — must review all relevant information and answer two questions:

1. Was the conduct in question caused by, or did it have a direct and substantial relationship to, the student's disability?
2. Was the conduct a direct result of the school's failure to implement the IEP?

If the answer to either question is yes, the behavior is a manifestation of the disability. The student generally cannot be expelled and must be returned to their previous placement unless the parent and school agree to an alternative. The CCC must also conduct a Functional Behavioral Assessment (FBA) if one hasn't been done, and must either develop or revise a Behavioral Intervention Plan (BIP).

If the CCC incorrectly finds that the behavior is not a manifestation, you can appeal through an expedited due process hearing. Indiana's Office of Special Education at the IDOE manages this process.

Restraint and Seclusion: Indiana's IC 20-20-40

Suspension is one thing — physical restraint and seclusion are another. Indiana Code 20-20-40 strictly limits when schools may use these interventions.

Under IC 20-20-40:

• Restraint and seclusion may never be used as punishment or for the convenience of staff
• They may only be used as a last resort when there is an imminent risk of physical harm to the student or others
• Schools must document every incident, debrief with involved staff, and report annual data to the state
• Parents must be notified after each incident

If your child's IEP includes a BIP or crisis plan, the school should be following that plan before resorting to restraint. If they are repeatedly using restraint without following the BIP, that is a failure to implement the IEP — which itself becomes a factor in any MDR.

Indiana Disability Rights (IDR), the state's Protection and Advocacy organization, handles complaints involving inappropriate use of restraint and seclusion. They can be reached through their website or by calling their intake line.

What to Do If the School Is Not Following the Rules

If the school is suspending your child with an IEP without following these procedures, here is the sequence:

1. Request a copy of your child's suspension records in writing. Schools must provide educational records within 10 business days of a request.
2. Count the instructional days yourself. Compare your count to the school's.
3. Request a CCC meeting in writing if you believe the 10-day threshold has been crossed or a change of placement is being proposed.
4. Submit a written complaint to the IDOE Office of Special Education (i-CHAMP system) if the school refuses to hold an MDR or continues a removal without one.
5. Request an expedited due process hearing through the Indiana Office of Administrative Law Proceedings (OALP) if you need a faster resolution.

The Indiana IEP & 504 Blueprint covers the specific Article 7 procedural steps for disciplinary situations, including the documentation your CCC needs to see and the language to use when you believe the school has gotten the MDR wrong. Get the Blueprint at /us/indiana/iep-guide/

One More Thing: Private Choice Schools Are Different

If your child attends a private school using an Indiana Choice Scholarship and is on a Choice Scholarship Education Plan (CSEP) rather than an IEP, the MDR protections described above do not apply. Private choice schools are not bound by Article 7 discipline procedures and can expel students for behaviors directly related to their disability. This is one of the most dangerous aspects of the voucher program for families of students with disabilities.

If your child is in a choice school and facing disciplinary action, contact Indiana Disability Rights or consult a special education attorney to understand what limited protections may still apply.

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