When can a school legally expel a student with an IEP? This is one of the most urgent questions I hear from parents whose children are facing serious school discipline. The truth is that students with disabilities do have additional legal protections—but those protections are only meaningful if parents understand them and take action.
As a special education attorney serving families across Georgia, I have represented dozens of students at risk of expulsion, including students with ADHD, autism, emotional disabilities, and other challenges. This article is here to help you understand the law, your rights, and what you can do to fight back if your child is being unfairly pushed out of school.
When Can a School Legally Expel a Student with an IEP?
A public school may only legally expel a student with an IEP under very specific circumstances. These include:
- The school must hold a Manifestation Determination Review (MDR) within 10 school days of the decision to suspend or expel the student for more than 10 days in a row—or if there’s a pattern of suspensions that adds up to a change in placement.
- The MDR team must determine that:
- The behavior was not caused by or directly related to the child’s disability, and
- The school did not fail to implement the IEP.
If the answer to either question is yes, the expulsion cannot proceed. Instead, the school must address the student’s needs through services, interventions, and supports—not removal.
What Happens During a Manifestation Determination Review?
The MDR is a critical legal step that must occur before a student with a disability can be expelled. The IEP team—which includes the parent—meets to review the incident, the child’s disability, the IEP, and any supporting documentation. Together, they must determine:
- Whether the conduct in question was a manifestation of the disability
- Whether the IEP was properly implemented
If the behavior was caused by the disability, or if the school failed to implement the IEP, the child cannot be expelled. Instead, the school must hold a Functional Behavioral Assessment (FBA), revise or create a Behavior Intervention Plan (BIP), and return the student to their placement.
Immediate Removal: The 45-Day Rule
Schools are allowed to remove a student with a disability to an interim alternative setting for up to 45 school days, even if the behavior was related to the disability, in three situations:
- Possession of a weapon
- Possession or use of illegal drugs
- Serious bodily injury to another person at school
Even during this removal, the student must continue to receive services that allow them to make progress toward their IEP goals.
What If the MDR Was Not Properly Conducted?
I have worked with families where the school rushed through an MDR without providing adequate notice or input from the parent. In some cases, the team dismissed clear evidence of a disability or overlooked the school’s failure to follow the IEP.
If this happened to your child, you may have legal options:
- File a due process complaint
- Request an expedited hearing
- Submit a state education complaint
- Seek compensatory services or a change in placement
You do not have to navigate this alone. A knowledgeable manifestation determination attorney or special education lawyer can help you challenge these decisions and protect your child’s rights.
What Parents Need to Watch For
You should be concerned if:
- The school expelled your child without an MDR
- You were not invited to participate in the MDR meeting
- The decision was made before reviewing evaluations or behavior data
- Your child was removed from school and stopped receiving services
These are all signs that your child’s rights under IDEA may have been violated.
My Role as a Special Education Attorney
At The Hull Firm, we represent students with disabilities throughout Georgia who are facing school expulsion, removal, or disciplinary hearings. We handle:
- MDR representation
- IEP dispute resolution
- School tribunal hearings
- Due process hearings
- Appeals to local and state Boards of Education
Our firm supports families in Atlanta, Athens, Augusta, Columbus, Macon, Savannah, and statewide through virtual services.
Call The Hull Firm Today
If you’re asking when can a school legally expel a student with an IEP, that is a sign you need support. I would be honored to help you understand your options, advocate for your child, and push back when the system fails to follow the law.
You can schedule a free discovery call with me at www.thehullfirmllc.com or call (706) 388-5330 to speak with our team.
You are not alone—and your child deserves a fair shot at success.
