Topic Menu
Before a school can suspend or expel a student, the school must follow a fair process for all students. For students with disabilities, there is extra protection in some situations. Read this article to learn more.
Understanding School Discipline
Suspension means punishing a student by removing them from school for fewer than 60 days.
Expulsion means punishing a student by removing them from school for 60 days or longer.
When Schools Can Suspend or Expel Students
Schools can suspend or expel students for serious misbehavior or repeatedly breaking school rules.
In most cases, the behavior must happen on school property or involve a school event, but a school can suspend or expel a student for sexually assaulting another student no matter where the assault happens.
Special Rules for Guns in Schools
If a student brings a gun to school, the school district must expel the student permanently. There are limited exceptions:
- The student can show they did not know they had the gun
- The school or police said it was okay for the student to have the gun
In these cases, the school might not have to permanently expel the student.
The Discipline Process
Notice and Response Requirements
For short suspensions of 10 days or less the school can follow a more informal process. Notice of the suspension can be oral or in writing. The student must have a chance to explain their side of the story, but this can happen quickly, right after the incident.
For suspensions or expulsions longer than 10 days, schools usually give more formal written notice. The student must have a chance to explain their side of the story.
Most schools have a student code of conduct that explains all these steps in detail.
Asking a School to End Suspension or Expulsion: Petition for Reinstatement
After a school suspends or expels a student, students can ask to come back to school. This is called “reinstatement.” Schools have a form called a Petition for Reinstatement to ask for this. The school must provide a Petition for Reinstatement form if you ask for one.
Timelines for Reinstatement:
Students in grade 5 or below can ask to return to school at any time unless the suspension involved a gun or dangerous weapon. For suspensions related to guns and dangerous weapons, students must wait at least 60 days.
Students in grade 6 or above can ask to return to school after 150 days.
Special Protections for Students with Disabilities
In general, a school can suspend students with disabilities for up to 10 days using the usual procedures. Students with disabilities have some extra protections if the school wants to suspend or expel them for more than 10 days.
Who Qualifies for Protection
Protections for students with disabilities apply to:
- Students who get special education services with an Individualized Education Program (IEP)
- Students without an IEP if any of the following apply:
- A parent told the school in writing that the student needs special education
- A parent asked for an evaluation for special education services
- A school staff member expressed concerns about the student to a supervisor
Right to Continuing Services
Except for short suspensions (10 days or fewer), schools must continue to provide services to students with disabilities. Schools may move a child to a different building, but they must continue providing education and follow the student’s IEP. In an emergency, a judge can issue an order that removes a student from school.
Schools Must Evaluate Disability's Impact on Behavior: The Manifestation Determination Review (MDR)
If a school wants to suspend or expel a student with a disability for more than 10 days, the school must have a meeting called a Manifestation Determination Review (MDR). At this meeting, the school decides if the behavior is a “manifestation” (comes from) the student’s disability.
In the MDR, the IEP team must consider all relevant information, including information from the child’s parents. This can include medical records, notes from a therapist or counselor, and any other evaluations you might have. Using this information, the IEP team must decide:
- Was the student’s behavior caused by their disability?
- Did the behavior issue happen because the student was not getting the services they should have been getting according to their IEP?
If either of these things are true, the school can’t suspend or expel the student. The school must do a behavioral assessment and make a plan to support the student. Schools might call this a behavior support plan or behavior intervention plan.
If a parent disagrees with the school’s decision in the MDR, they can ask for a hearing. Read the section “Appealing Disability-Related Decisions” for more information.
If Drugs, Weapons, or Serious Safety Risk are Involved, Students Can Be Moved Without an MDR
A school can move a student to an alternative placement for up to 45 days if any of the following are true:
- The student brought a weapon to school
- The student had illegal drugs at school
- A hearing officer decides that if the student stays in their current school, the student or others are “substantially likely” to be hurt
If Drugs, Weapons, or Serious Safety Risk are Involved, Students Can Be Moved Without an MDR
A school can move a student to an alternative placement for up to 45 days if any of the following are true:
- The student brought a weapon to school
- The student had illegal drugs at school
- A hearing officer decides that if the student stays in their current school, the student or others are “substantially likely” to be hurt
Special Protections for Survivors of Sexual Assault
If a student is a survivor of sexual assault, their school generally can’t expel or suspend them for more than 10 days for behavior immediately before or after the assault, or for behavior that could be related to the sexual assault.
The school can suspend or expel victims of sexual assault in some situations if they have been found guilty of a crime related to their behavior. Schools can also suspend or expel victims of sexual assault for serious behavior issues, such as bringing a weapon to school or purposely starting a fire at school.
The school can also suspend or expel a survivor of sexual assault if the school board decides that even considering the sexual assault, the punishment is fair.
Every public school district must have a person in charge of handling gender discrimination issues. This person is called the Title IX Coordinator. For more information about rights for victims of sexual assault, contact the Title IX Coordinator for your school district.
Appealing Disability-Related Decisions (Due Process Hearings)
If a school does not meet the needs of a student with a disability, parents can ask the Michigan Department of Education for a due process hearing.
Parents can ask for a due process hearing if:
- They disagree with the outcome of a manifestation determination review (MDR)
- Their child needs an IEP, but the school will not provide one
- A school provides an IEP that does not meet the student’s needs
- The school otherwise fails to provide a free, appropriate education
Parents have 2 years to ask for a due process hearing.
Steps in the Due Process Hearing Procedure
- File a request. Use Michigan Legal Help’s Do-It-Yourself Letter for Students Receiving Special Education Services Who Are Being Disciplined to fill out the letter to ask for a due process hearing. Send it to the Michigan Department of Education and a copy to the school district. Keep a copy of the letter for your records.
- Get the school response. The school must respond in writing within 10 days if they have not already given a written explanation.
- Attend the resolution meeting. Within 30 days of the letter, the school must meet with the parent and the IEP team to try to resolve the issues. This is called the resolution meeting. The school can skip the resolution meeting if the parent and school agree in writing to do this or if the parent and the school agree to go through a mediation process. It is important to cooperate with the school to schedule and attend this meeting. If the school makes a reasonable effort to have a meeting and the parent will not attend, the school can ask to have the complaint dismissed.
- Prepare for the hearing. If the school and the parent do not come to an agreement within 30 days of the letter, The Michigan Department of Education will schedule a hearing and send a notice with the date and time.
- Share Evidence. At least five days before the hearing, both parties must share any evidence they plan to present.
- Attend the hearing. The hearing can only cover the issues that you raised in the letter asking for the due process hearing. You may want to bring notes to remind yourself of the points you want to raise.
- Wait for the decision. In most cases, the administrative law judge (ALJ) must send their written opinion within 75 days of the time the parent sent their letter. Sometimes this can change if the parent and school had a different schedule for their resolution meeting.
- Consider appeals. If the school or parent disagrees with the ALJ’s decision, they must appeal within 90 days.
Michigan Legal Help does not have information about appealing a due process hearing decision. You may want to speak to a lawyer for more information. Use the Guide to Legal Help to find a lawyer in your area.