May a student with a disability be expelled?
Yes, a student with an IEP may be expelled. but only if specific conditions are met and specific safeguards are in place. When such a student is accused of misconduct, a manifestation determination review must first take place to determine whether the misconduct was a manifestation of the student's disability. Only if that review results in a decision that the misconduct was not a manifestation of the student's disability may the expulsion hearing proceed. If the student is expelled or suspended for more than 10 days, special education services must continue to be provided to the student. 20 U.S.C. section 1415; 34 C.F.R. 300.121. 300.519-.529.