Yes, special education students can be suspended for disciplinary infractions. However, they cannot receive longer or more stringent suspensions than their general education peers would receive for the same infraction.

All students have the right to appeal an out-of-school suspension. Your should check your school's discipline policy for their exact appeal process. DCPS suspensions must be appealed within two days of the suspension being issued. DC public charter school suspensions must be appealed within one day of the suspension being issued (please note, this may vary based on the individual charter school).

In addition to the protections all students have, special education students have the right to a Manifestation Determination Review (also called a manifestation meeting or MDR) in several disciplinary circumstances. A manifestation meeting is required in the following circumstances:

• A special education student is suspended for ten or more cumulative days in a school year,
• A special education student is being considered for expulsion,
• or a special education student is being considered for a disciplinary change in placement (for example, a non-voluntary transfer).

This meeting brings together the parent, the school/LEA, and “relevant members” of the student’s IEP team (as determined by the parent and LEA). This team will then decide if the student’s misconduct was:

• a manifestation of their disability, or
• the direct result of the school failing to implement the student’s IEP.
• If the answer is yes, the student must be allowed to return to their previous programming (although this does not apply to infractions involving weapons, drugs, or serious bodily injury). The school must also take immediate further steps to support the student (for example, a Functional Behavioral Assessment (FBA) or Behavior Intervention Plan (BIP)).

If the answer is no, the school has the authority to take the same disciplinary actions they would take for a general education student.

During an out-of-school suspension, all students have the right to:

• receive all appropriate schoolwork,
• communicate with their school about schoolwork assignments,
• and make up any schoolwork (including tests and assessments) missed during their suspension.

Special education students also have the right to receive the specialized instruction and related services (counseling, speech therapy, etc.) detailed in their IEPs.

Additional Resources:

• District of Columbia Student Discipline Guide
• DCPS Student Behavior Guidance for SY21-22
• DC Public Charter School Board Attendance and Discipline Report