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Illinois Special Ed: CPR - Suspension/Expulsion

Suspensions & Expulsions

If your child has an Individualized Education Plan (IEP), then your child has rights that are protected under the law. A child with a disability may be protected under his IEP and thus immunized from disciplinary measures taken by the school such as suspension or expulsion.

Short-Term Change of Placement

Interim Alternative Educational Setting:  A school may try and remove the student and place them in a temporary placement or school if they feel that the student may be a threat or risk to themselves or other students.  This is only permissible in certain situations (such as when a student brings a weapon to school and or is found with or using illegal drugs).  The duration of such a placement cannot exceed 45 days and within that time the school must request a hearing to determine the appropriateness

Long-term Absence from School

Manifestation Determination:  A school may not impose a long-term suspension or expulsion from school against a child with a disability if the behavior that triggered the disciplinary measure was a manifestation of the child’s disability.  Under almost no circumstances can the school suspend a student for more than 10 days.

In all cases a school is required, as part of an overall assessment of a child’s disability and eligibility for Special Education services to develop a Behavioral Intervention Plan if it is determined to be appropriate.

Call our office for more information and to find out what rights your child has and how they can be protected.

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