No parent or guardian wants to get that call – that their child has been suspended or expelled from school. It often creates a wave of emotions: anger, guilt, frustration, even confusion. And for many families, the discipline process itself can feel overwhelming and hard to navigate. The confusion can deepen when the student has a disability, especially since discipline policies don’t always affect all students equally. So, what happens when discipline intersects with a student’s right to a free and appropriate public education? 

For students with disabilities, there are important legal protections in place. Under the Individuals with Disabilities Act, these protections apply when a student is removed from school for more than 10 cumulative days in a school year. This includes not only students with Individualized Education Programs (IEPs), but also those with 504 Plans or even students still in the process of being evaluated for a disability. 

Once that 10-day threshold is reached, the school must act quickly. Within 10 school days of the removal, the students’ IEP team is required to meet for what’s called a manifestation determination review, or MDR. This meeting is a key part of the discipline process and helps determine whether the behavior that led to the suspension is connected to the student’s disability.

At the MDR, a team including school staff, the family and sometimes the student reviews the incident in detail. They must answer two critical questions:

1. Was the behavior caused by, or did it have a direct and substantial relationship, to the student’s disability? 

2. Was the behavior the direct result of the school’s failure to implement the student’s IEP?

If the team’s answer to either question is “yes,” the student must be allowed to return to school right away. There are limited exceptions, such as cases involving weapons, drugs or serious bodily injury. If the answer to both questions is “no,” the student may be required to complete the suspension. If expulsion is being considered, the case moves to an expulsion conference, where the superintendent or a designee reviews the situation and decides next steps. 

Determining whether behavior is linked to a disability isn’t always straightforward. Schools may invite a psychologist or other professionals to help analyze the situation and families can also provide input from outside experts. 

Consider this example: 

James, a third-grade student with attention deficit hyperactivity disorder (ADHD), is suspended for hitting a peer who called him a name. During the MDR, the team discusses how impulsivity is a common characteristic of ADHD. James admits he reacted quickly without thinking. It also becomes known that his assigned one-to-one aide – who usually helps him manage situations and de-escalate – was absent that day. 

In this case, the team could reasonably answer “yes” to both questions. The behavior was related to his diagnosis of ADHD and a key support in his IEP was not in place. With that in mind, the outcome would likely favor James returning to school.

But the MDR isn’t just about deciding discipline. It’s also an opportunity to prevent future incidents. Teams often use this time to evaluate whether additional supports are needed. For example, they may conduct a Functional Behavior Assessment, which looks at the root causes of a student’s behavior and identifies patterns or triggers.

From there, the team can develop a Behavior Intervention Plan (BIP). A BIP outlines strategies to reduce problem behaviors, teach appropriate alternatives and respond effectively when challenges arise. Importantly, these plans must include positive behavior supports, not just consequences. When implemented consistently, a strong BIP can reduce the need for disciplinary action and better support the student’s success.

Maryland law provides additional safeguards. For younger students, the state has taken a particularly strong stance. Suspensions are generally prohibited for students in kindergarten through second grade, except in serious cases like those involving firearms or immediate threats of harm. Additionally, schools are not allowed to send a student home for behavior without following the formal suspension process.

Ultimately, schools face the challenge of maintaining a safe environment while also honoring the legal rights of students with disabilities. Many schools are shifting toward proactive approaches, such as positive behavioral interventions and support, which focus on building relationships and addressing issues before they escalate. 

When schools and families work together – staying informed, open-minded and focused on the student’s needs – the discipline process becomes less about punishment and more about support. And that shift can make a meaningful difference, not just for one student, but the entire school community.

Payton Aldridge is a special education attorney with Maryland Volunteer Lawyers Service.