Posted on September 24, 2025
Co-Authored by:
Krys Kim
Contracts Manager
Gavin Pereira
Corporate Counsel
Shivani Shah
Corporate Counsel
For more information on this topic, contact Nina Peckman at npeckman@acnj.org.
As a parent of a child with special needs, navigating the educational system can be challenging - especially when it comes to discipline. Let's break down what you need to know about your child's rights when it comes to school discipline.
Schools can suspend students with Individualized Education Programs (IEPs) just like any other student - but only up to a point. The magic number here is 10 days. After that, several important protections kick in for your child. This applies not just to students with existing IEPs, but also to those in the initial evaluation process. Additionally, whether the student has an IEP or is being evaluated for one, before any suspension, the student’s unique circumstances, due to the disabling condition, may be considered in deciding whether or not to suspend or change the student’s placement.
What Happens After 10 Days?
Once your child reaches that 10-day threshold (either consecutively or cumulatively in a school year), here's what should happen:
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- The school must schedule a "manifestation determination" meeting
- Educational services must continue
- You should receive written notice about any disciplinary actions
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The Manifestation Determination Meeting
This meeting is crucial - it's where the school staff, IEP team and parents come together to answer two questions:
- Was your child's behavior caused by or directly related to their disability?
- Did the behavior happen because the school failed to properly implement the IEP?
What Comes Next?
It depends on the findings from that meeting. If the behavior IS related to the child’s disability:
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- Your child returns to their original placement (unless you agree to a change)
- The school must conduct a behavioral assessment
- A behavior intervention plan needs to be created or updated
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If the behavior is NOT related to the child’s disability:
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- Regular discipline procedures may apply
- Your child must still receive educational services
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Special Circumstances You Should Know About
There are some situations where schools can move your child to an alternative setting for up to 45 days, regardless of the manifestation determination:
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- If they bring weapons to school
- If drugs are involved
- If they cause serious bodily injury to another person
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Pre-school students with disabilities may not be suspended or expelled. There are also certain restrictions on suspensions and expulsions up through 2nd grade.
Know Your Rights
As a parent, you have several important rights throughout this process:
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- You must receive written notice and due process rights for any disciplinary action, including the right to a school board hearing for long-term suspensions
- You have the right to participate in all meetings
- You can appeal decisions through due process
- You can request expedited hearings
- Your child has the right to continue receiving educational and related services no later than the 5th day of suspension
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Understanding these rights is crucial for advocating for your child. While schools need to maintain safe learning environments, students with disabilities have specific protections under the law. Don't be afraid to ask questions and seek clarification - your involvement is key to ensuring your child's rights are protected.
Remember: These laws come from New Jersey Administrative Code (N.J.A.C. 6A:14-2.8 read with 20 U.S.C. § 1415(k) and N.J.A.C. 6A:16).
Note: This blog provides general information and should not be considered legal advice. Always consult with educational advocates or legal professionals for specific situations.
