Can a Student With Autism or an IEP Be Expelled?

Yes — but only through a special process that ordinary students never get. A child with autism or any disability covered by an IEP (or a 504 plan) has extra legal protection against being suspended long-term or expelled for behavior that is connected to their disability. The key safeguard is called a manifestation determination, and understanding it is critical if your child is facing serious discipline.

The 10-day trigger

A school can discipline a student with a disability like any other student for up to 10 school days in a year. But once the school seeks to remove the child for more than 10 school days — through a long suspension or expulsion, or through a series of removals that add up to a pattern — the law treats it as a change of placement, and special protections kick in.

The manifestation determination review

Within 10 school days of the decision to change placement, the school, the parents, and relevant IEP team members must meet and answer two questions:

1. Was the behavior caused by, or did it have a direct and substantial relationship to, the child's disability?
2. Was the behavior the direct result of the school's failure to implement the IEP?

If the answer to either is yes, the behavior is a manifestation of the disability.

What happens if it IS a manifestation

When the conduct is a manifestation, the school generally cannot expel or long-term suspend the child for it. Instead the school must:

• Return the child to their placement (unless you and the school agree to a change);
• Conduct a functional behavioral assessment (FBA) and put a behavior intervention plan (BIP) in place, or review and fix an existing one; and
• If the misconduct came from an unimplemented IEP, fix the implementation problem.

What happens if it is NOT a manifestation

If the team finds the behavior was not related to the disability and the IEP was being implemented, the school may discipline the child the same way it would any student — including expulsion where that would otherwise apply. But there is still a crucial difference: a student with an IEP must continue to receive educational services (FAPE) even during a long removal or expulsion, typically in an interim alternative setting. Their right to an education does not disappear.

Special circumstances

For certain serious conduct — bringing a weapon, possessing or selling drugs, or inflicting serious bodily injury at school — the school may move the child to an interim alternative educational setting for up to 45 school days regardless of whether the behavior was a manifestation. Services still continue.

If you disagree

You can challenge a manifestation determination through an expedited due-process hearing, and the "stay put" rules may keep your child in place during the dispute. Because a wrong result here can cost your child their placement and their record, this is a point where many parents get a special-education attorney or advocate involved.

This is general legal information, not legal advice. The core rights here come from federal law, but timelines, procedures, and state protections vary, and every child's situation is different. Talk to a special-education attorney or your state's parent training and information center about your situation.