Discipline under the IDEA can feel like an '80s power ballad—dramatic, complicated, and easy to misinterpret. But don't worry: you don’t have to hit every high note alone.
As a starting point, when a student with a disability is excluded from school for more than 10 school days—either in a single suspension or a series of suspensions for similar behavior—certain protections under the IDEA must be provided. To help make sense of the discipline process, KSB has developed a free flowchart that walks you through it.
A recent decision from the Washington Office of Superintendent of Public Instruction (OSPI), In re: Student with a Disability, 125 LRP 12703 (SEA WA 2025), offers helpful reminders for school districts navigating this process.
The parent of an elementary student with autism filed a complaint, arguing that the district repeatedly sent her child home for behavioral reasons. The state Department of Ed ultimately sided with the district, finding the student was suspended on three occasions and informally removed from class on a few others. On three occasions, the school informed the parent that the student was struggling, but did not suggest removal; the parent independently chose to pick the student up. These were informal removals—not suspensions. Ultimately, the total number of days missed due to behavior did not exceed the 10-day threshold that would trigger IDEA disciplinary protections like a manifestation determination.
The Washington Department of Ed provided a reminder that is timely for all districts: “OSPI recommends the District review its practice of calling the Parent regarding behavior incidents and ensure that such calls provide information but do not cause the Parent to believe, even inadvertently, she is required to take the Student home resulting in these informal removals.”
Key Takeaways for Schools:
Maintain detailed records of behavioral incidents and attendance to defend against claims of improper removal.
The more proactive we can be in responding to behaviors, the better. You do not have to wait until the law mandates conducting an FBA and developing a BIP to begin that process. As a reminder, positive behavior interventions and supports MUST be considered by the IEP team when behavior impedes a student’s learning.
Make clear when a parent is being notified about behavior versus when the district is requiring a removal. If possible, keep records about EXACTLY what was said in that conversation.
Voluntary pickups by parents, when not prompted by school staff, generally don’t count toward the 10-day limit under IDEA—but teams should still consider whether and how to plan for parent communication and the parent’s response to the communication in the IEP.
We promised a fun summer special education compliance series, and we believe we are delivering. As always, if you have any questions, send us a message at ksb@ksbschoollaw.com.