A school cannot punish a student with a disability more harshly than it would punish a student without a disability under the same circumstances.  Students with disabilities who have an IEP, Section 504 Plan, and in limited circumstances, even those without an IEP or 504 Plan, are entitled to certain protections before and after their school can suspend them for more than 10 days[1], expel them, transfer them to an alternative school, or place them on homebound for disciplinary reasons.  To learn more, download the “Discipline of Students with Disabilities” Guide from https://transition.declasi.org/middle-school-and-high-school-educational-rights/.

[1] The 10 days can mean:

  • 10 consecutive days; or
  • a series of more than 10 days in a school year that constitute a pattern (substantially similar behavior and additional factors, such as the length of each removal, the total amount of time removed, and the proximity of removals to one another); or
  • A series of in-school removals totaling more than 10 days (and that deprive the student from meeting IEP goals, prevent the student from progressing in school, or prevent the student from receiving the services/modifications in his IEP); or
  • A series of removals from transportation services that result in the student missing school for more than 10 days.

14. Del. Admin. C. § 926.36.0.