When Discipline Meets Disability: What Parents with an IEP or 504 Should Know

When your child with an IEP or 504 plan receives a disciplinary notice—like suspension, in‑school consequence, or removal from class—it can feel overwhelming. You’re juggling concern, confusion, and a flood of paperwork.

The good news: federal law provides specific protections to ensure behavior is considered in the context of your child’s disability.

This guide breaks down what happens when discipline and disability intersect, what you should—and shouldn’t—do, and how to advocate effectively.

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⚖️ The Basics: What the Law Says

Both IDEA (Individuals with Disabilities Education Act) and Section 504 require schools to consider whether a child’s behavior is linked to their disability before imposing certain types of disciplinary action. 

• IEP Students: Are protected under IDEA. They have a right to a “manifestation determination” if facing more than 10 school days of suspension or placement change.

• 504 Students: Have similar protections under Section 504, which also prohibits discipline that discriminates based on disability.

🧩 The Process (Step‑By‑Step)

1. Disciplinary Incident Happens: School staff may contact you about a behavioral issue or send home a suspension notice.

2. Cumulative Days Matter: Once suspensions total 10 school days in a year (even if not consecutive), special education protections trigger.

3. Manifestation Determination Review (MDR): Within 10 school days of this decision, the IEP or 504 team meets to determine:

• Was the behavior caused by or directly related to the disability?

• Was the behavior a result of the school’s failure to implement the IEP or 504 plan?

4. If YES: The child cannot be disciplined in the same way as peers. The team reviews supports and behavioral interventions.

5. If NO: The school may proceed with disciplinary action, but the student must still receive services to progress in the curriculum.

✅ DOs for Parents

• Do request documentation: Ask for the incident report, witness statements, and any data collected (ABC data, camera footage if applicable).  

• Do attend the MDR meeting: Bring someone who knows your child’s disability well (like a parent advocate or therapist).  

• Do review your child’s Behavior Intervention Plan (BIP): If one exists, ensure it was being followed.  

• Do ask about positive supports: Schools are required to use positive, proactive strategies—especially if behavior is recurrent.  

• Do keep communication documented: Email follow‑ups summarizing conversations can prevent confusion later.

🚫 DON’Ts for Parents

• Don’t agree to discipline “just to move on.” Always ensure the team reviews whether the behavior is linked to disability before accepting consequences.  

• Don’t allow removals to quietly pile up. Even short “cool‑off” removals count toward the 10‑day total.  

• Don’t let schools suspend services: Your child is still entitled to FAPE (Free Appropriate Public Education), even during suspension.  

• Don’t go alone to serious meetings. Bring someone with you—moral support helps you think clearly.

🔍 Real‑World Scenarios

Scenario 1: “He was suspended for running out of the classroom again.”

Often, “eloping” is tied to sensory overload, anxiety, or lack of appropriate break supports.  

Ask at the meeting: Was his sensory plan implemented that day? Was a break or safe space offered?  

If not, that may show the behavior was linked to the disability—and the focus should be on updating supports, not punishment.

Scenario 2: “My daughter called a peer a name and got suspended. She has ADHD—does that matter?”

It depends. If impulsivity or emotional regulation are part of her disability and the school hasn’t fully implemented her behavioral accommodations, the MDR team may find it was related.  

The plan might need updating with social‑emotional supports or a behavior contract written in accessible language.

Scenario 3: “My son threw a pencil when frustrated. The principal says he’s a danger.”

For serious behaviors, the school can place a child in an interim alternative placement (up to 45 days), but the district must continue services and still hold a review.  

Ask for a Functional Behavioral Assessment (FBA) and update the BIP to reflect triggers and replacement skills.

📋 Quick Checklist for Parents

Step	What to Do
1.	Ask for written notice of any disciplinary action.
2.	Track the total days of removal (in‑school and out‑of‑school).
3.	Request an MDR if you’re near or past 10 days.
4.	Get copies of behavior logs, incident reports, and implementation notes.
5.	Ask for an updated FBA/BIP that addresses root causes.

💡 Final Thoughts

Discipline should never be about blame—it’s about understanding and teaching replacement behaviors.

When schools honor the spirit of IDEA and Section 504, discipline becomes an opportunity for growth, not exclusion.

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📚 Resources

U.S. Department of Education, “Questions and Answers on Discipline Procedures” (2022).  

Maryland State Department of Education (MSDE) Special Education Resource Hub – [MSDE Discipline Processes](https://www.marylandpublicschools.org/programs/Pages/Special-Education/Compliance/DueProcess.aspx)  

Center for Parent Information and Resources (CPIR) – [Discipline Under IDEA](https://www.parentcenterhub.org/discipline/)