The 10-Day Rule

School personnel may remove a student with a disability for up to 10 cumulative school days in a school year without it being considered a change of placement. After 10 cumulative days:

• A manifestation determination review (MDR) must be conducted
• The student must continue to receive educational services (FAPE)
• The IEP team must determine appropriate services

Manifestation Determination Review (MDR)

Within 10 school days of any decision to change placement for a student with a disability, the LEA, parent, and relevant IEP team members must review all relevant information to determine:

1. Was the conduct caused by or have a direct and substantial relationship to the student's disability?
2. Was the conduct a direct result of the LEA's failure to implement the IEP?

If the answer to either question is YES:

• The conduct is a manifestation of the disability
• The student must be returned to their placement (unless parent and LEA agree otherwise)
• The IEP team must conduct a Functional Behavioral Assessment (FBA) and implement/modify a Behavior Intervention Plan (BIP)

If the answer to both questions is NO:

• The student may be disciplined in the same manner as non-disabled peers
• The student must continue to receive FAPE during the period of removal
• The IEP team determines the appropriate interim alternative educational setting (IAES)

Special Circumstances (45-Day Removal)

Regardless of the manifestation determination, a student may be removed to an IAES for up to 45 school days if they:

• Carry or possess a weapon at school
• Knowingly possess, use, sell, or solicit illegal drugs
• Inflict serious bodily injury on another person

Protections for 504 Students

Students with 504 Plans have similar but not identical protections:

• A manifestation determination is still required before a significant change of placement
• If the behavior is a manifestation, the student must be returned to their placement
• The 504 team must review and revise the plan as needed

Dean/Counselor Action Steps

1. Check disability status before recommending suspension beyond 5 days or expulsion
2. Track cumulative days of suspension for each student with an IEP or 504
3. Initiate MDR before the 10th cumulative day of removal
4. Participate in the MDR — Provide behavioral data and incident documentation
5. Ensure FAPE — Coordinate with special education to provide services during any removal
6. Document thoroughly — All incidents, interventions, and communications