The student may be disciplined in same manner and for same duration as a non-disabled student. (20 USC 1415(k)(1)(C); 34 CFR 300.530(c)) The student may return to the previous placement after the discipline.

When removed from his/her current placement, a student has a right to FAPE to enable participation in general education curriculum and progress toward meeting the goals set out in the student’s IEP. (20 USC 1415(k)(1)(D); 34 CFR 300.530(d)(5)) This right exists even if the student is placed in a different setting. (34 CFR 300.530(d))

When removed, the district must provide, as appropriate, a functional behavior assessment and behavioral intervention services and modifications, designed to address the behavior so it does not recur. (20 USC 1415(k)(1)(D(ii)); 34 CFR 300.530(d)(ii))

In addition to these requirements of the IDEA, the district must also comply with state law regarding school discipline. Under state law, a student serving a suspension for over 10 consecutive school days or an expulsion, whether in school or out of school, shall have an opportunity to receive education services and to make academic progress toward meeting state and local requirements, through a school-wide education service plan. Education services shall be based on, and be provided in a manner consistent with, the academic standards and curriculum frameworks established for all students. (M.G.L. c. 76, § 21; 603 CMR 53.13(2))