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 http://transition.declasi.org/middle-school-and-high-school-educational-rights/.
[1] The 10 days can mean:
14. Del. Admin. C. § 926.36.0.