Yes — a student with a disability can be suspended or expelled. But the process is different, and more protective, than standard school discipline, and many San Diego parents aren’t told about those protections until they’re already in the middle of a disciplinary meeting.
The 10-day rule
A school can remove a student with a disability for up to 10 consecutive school days in a school year using the same discipline process applied to any student, without triggering additional IDEA protections. Once removals exceed 10 consecutive days, or add up to a pattern of more than 10 days across the year, additional protections kick in — including the right to continued educational services and, generally, a Manifestation Determination Review.
Manifestation determination controls what happens next
For any longer-term removal, the district must determine whether the behavior was related to the disability. If it was, the child generally can’t simply be expelled the way a general education student might be for the same conduct — the team instead has to address the behavior itself, typically through a behavior plan, rather than remove the child from their placement.
“Stay-put” during a dispute
If a parent disagrees with a disciplinary decision and requests a due process hearing, the child generally remains in their current educational placement (or the interim alternative setting, in weapons/drugs/serious injury cases) while that hearing is pending — the district can’t simply carry out an expulsion while the dispute is still being decided, outside of specific exceptions.
Practical steps for parents facing a disciplinary meeting
- Ask directly whether the school considers this a “change of placement” and whether an MDR will be held.
- Bring any evidence connecting the behavior to your child’s disability — prior evaluations, therapist input, or documented triggers.
- Don’t assume a proposed expulsion is final; you have the right to challenge both the discipline itself and any manifestation finding you disagree with.
Do informal removals count toward the 10-day limit?
They can. If a school repeatedly calls you to pick up your child early, or sends them home informally rather than through a formal suspension, those removals may still count toward the 10-day threshold if they amount to a pattern of exclusion from the same educational program. Keep a personal log of every early pickup or informal removal, including dates and stated reasons — it may matter more than the school’s own paperwork suggests it does.
If your San Diego County child is facing suspension or expulsion, getting informed before the meeting — not after a decision is made — puts you in a much stronger position.
