My Child Keeps Getting Suspended
Your rights when your child with a disability is being suspended or disciplined at school, including manifestation determination requirements and IDEA discipline protections.
Page Information
Jurisdiction: Federal IDEA + California special education law
Reviewed: Pending expert review
This page is informational but is still being reviewed by a special education expert. Some details may change.
My Child Keeps Getting Suspended
If your child with a disability keeps getting sent home from school, you have every right to be worried — and to push back. Repeated suspensions mean lost learning time, and for many kids, the behavior that leads to suspension is directly connected to their disability. Federal law recognizes this and provides real protections. The school cannot keep suspending your child without following specific rules.
The Quick Answer
Once your child has been suspended for more than 10 school days in the same year, the school must hold a review. This is a meeting where the team decides whether the behavior that led to the discipline was caused by or directly related to your child's disability. If it was, the school cannot continue the suspension or expulsion — and they must look at your child's and behavior plan to figure out what supports are missing.
Your Rights in This Situation
- Your child cannot be removed for more than 10 school days without a manifestation determination. This applies to consecutive days for a single incident and also to cumulative days across multiple suspensions if they form a pattern. Once that 10-day threshold is reached, the school must act.
- You are part of the manifestation determination team. You have the right to attend this meeting and participate in the decision. The team reviews your child's IEP, teacher observations, and any relevant information you provide to determine whether the behavior is connected to the disability.
- If the behavior IS a manifestation of the disability, the school cannot suspend or expel your child for it. Instead, the team must conduct a (if one hasn't been done) and create or revise a . Your child returns to their placement unless you and the school agree to a change.
- Even if the behavior is NOT found to be a manifestation, your child still has rights. The school can discipline your child the same way they would any student, but they must continue to provide — meaning your child still receives special education services, even during the suspension or expulsion.
- You can challenge the manifestation determination. If you disagree with the team's finding — especially if they say the behavior was not related to the disability — you can request an expedited due process hearing.
Tip
The 10-day count is cumulative across the entire school year. If your child has been suspended for 3 days here, 2 days there, and 5 days for another incident, that adds up to 10 days — and the school must hold a manifestation determination before any further removal. Track every suspension day yourself, because schools sometimes lose count.
What to Do
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Start tracking every suspension now. Write down the date, the number of days, and the stated reason for each suspension. Keep copies of any suspension notices the school sends home. Count the cumulative total for the school year.
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Request a manifestation determination in writing if the school hasn't scheduled one. Once your child hits 10 cumulative days (or if the school proposes a removal that would push them past 10 days), send a letter or email to the special education director: "My child has been removed from school for [number] days this year. I am requesting a manifestation determination review as required under IDEA § 300.530."
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Request a Functional Behavioral Assessment (FBA) if your child doesn't have one. If the school hasn't looked at what's triggering the behavior and what your child needs to succeed, ask for an FBA in writing. This assessment should lead to a Behavior Intervention Plan with actual strategies — not just consequences.
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Attend the manifestation determination meeting and bring your evidence. Bring any documentation showing how your child's disability connects to the behavior — medical records, private evaluations, therapist notes, teacher emails describing patterns. Your input matters in this decision.
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If you disagree with the outcome, challenge it. You can request an expedited hearing, which must be held within 20 school days. While the hearing is pending, your child has rights — meaning they generally remain in their current placement.
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Ask for an IEP meeting to address the behavior. Regardless of the manifestation determination outcome, request an IEP meeting to review whether your child's current supports and services are adequate. If your child keeps getting in trouble, something in the IEP needs to change.
Tip
If your child does not yet have an IEP but you suspect they have a disability, and they are facing suspension or expulsion, you may still have protections under IDEA. If the school had knowledge that your child might have a disability before the behavior happened — for example, if you requested an evaluation or a teacher expressed concerns — your child may be entitled to the same discipline protections as a student with an IEP.
Learn More
- Dispute Resolution — Your options when you disagree with the school, including complaints, mediation, and due process
- IEP Basics — Understanding the IEP process and your role on the team
- Placement and LRE — Your child's right to be educated in the least restrictive environment
When to get one-on-one help from an advocate or attorney
Consider contacting an advocate or attorney if any of these apply:
- The district fails to respond to your assessment request within 15 days, misses the 60-day assessment deadline, or repeatedly refuses requests you've made in writing.
- Your child is losing instruction time, being disciplined frequently, or showing significant regression.
- The district wants to move your child to a different school or classroom against your wishes, or you are preparing for mediation or due process.