A Manifestation Determination meeting must be held within 10 days once a student has missed a total of 10 days of school as a result of disciplinary removal, such as a suspension or repeatedly removing the student from their LRE placement (e.g., sending the student home early or to the principal’s office).
For short-term suspensions (all suspensions occurring up to the 10th day), the school is only required to provide the same services it would to a gen ed student, meaning it is not mandated to offer any IEP services while the student is serving their suspension. However, if it is in the student’s best interest (i.e. to help prevent regression of skills), the IEP team can decide otherwise. Once the student hits their 11th day of suspension, all IEP services must be provided.
Manifestation meetings can be held before 10 days of suspension; the district only has to hold a manifestation hearing after the 10th day of suspension. Parents have input into the manifestation hearing and can even bring medical notes from a doctor.
To learn more, see our article How Are Students with Disabilities Protected from Discriminatory Discipline?
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