A call from school about a suspension is stressful for any parent. For an autistic child, behavior that leads to discipline is often linked to communication, sensory overload or a support in the IEP that did not happen. Florida's rule on discipline for students with disabilities, Rule 6A-6.03312, Florida Administrative Code, sets limits on how long a school can remove your child and requires a specific review, the manifestation determination, before longer removals. This guide walks through the rule, the choices at each step, and how data from your child's ABA program can help.
When does a suspension become a "change of placement"?
School personnel can remove a student with a disability for up to 10 consecutive school days, and for further separate incidents of up to 10 days each in the same year, "as long as those removals do not constitute a change in placement" (Rule 6A-6.03312(2)). Under paragraph (1)(a), a change of placement happens when:
- "The removal is for more than ten (10) consecutive school days, or
- The student has been subjected to a series of removals that constitutes a pattern," because the removals add up to more than 10 school days in a school year, the behavior is substantially similar to earlier incidents, and other factors such as the length of each removal, the total time removed and how close together the removals were.
The district decides "on a case-by-case basis" whether a pattern exists, and that decision can be reviewed through due process. On the day the district decides on a removal that is a change of placement, it must notify you and give you a copy of the procedural safeguards notice (Rule 6A-6.03312(4)).
Keep your own count. Partial-day send-homes, early pickups and "cool-down days at home" are worth writing down with dates, and asking the school how it counts them.
What happens at a manifestation determination?
A manifestation determination "must be made within ten (10) school days of any decision to change the placement" (Rule 6A-6.03312(3)). The district, the parent and "relevant members of the IEP Team (as determined by the parent and the school district)" must:
- review "all relevant information in the student's file, including any information supplied by the parents of the student, any teacher observations of the student, and the student's current IEP"; and
- determine "whether the conduct in question was caused by, or had a direct and substantial relationship to the student's disability or whether the conduct in question was the direct result of the school district's failure to implement the IEP."
If either answer is yes, the conduct is a manifestation of the disability. If the cause was a failure to implement the IEP, the district "must take immediate steps to remedy those deficiencies" (3)(b).
What if the behavior is, or is not, a manifestation?
| If the team finds... | What the rule requires |
|---|---|
| It is a manifestation | Conduct a functional behavioral assessment (unless one was done before the behavior) and implement a behavioral intervention plan, or review and modify the existing BIP; and return the student to the placement they were removed from, unless the parent and district agree to a change as part of modifying the BIP (3)(c) |
| It is not a manifestation | The school may apply the same discipline it would use for students without disabilities, for the same duration, but the student must still receive educational services (3)(d) and (5) |
| Weapon, illegal drugs or serious bodily injury | School personnel may place the student in an interim alternative educational setting (IAES) "for not more than forty-five (45) school days without regard to whether the behavior is determined to be a manifestation" (6)(a); also s. 1003.57(1)(h) |
"Serious bodily injury" has a narrow definition: injury involving "a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty" (1)(d). Ask the school which definition it is applying if a 45-day removal is proposed.
Does my child get services while suspended?
For the first 10 school days of removal in a school year, the district does not have to provide services if it does not provide them to students without disabilities who are similarly removed (5)(a). After that:
- Students who are suspended, expelled or placed in an IAES "must continue to receive educational services... so as to enable the student to continue to participate in the general curriculum, although in another setting, and to progress toward meeting the goals in the student's IEP," and receive, as appropriate, an FBA and behavioral intervention services (5)(b).
- For a short removal after 10 days that is not a change of placement, school personnel, consulting at least one of the student's special education teachers, decide what services are needed (5)(c).
- For a change of placement, the IEP team decides (5)(d).
How do I appeal a decision I disagree with?
A parent who disagrees with the manifestation determination, or with another placement decision under the rule, may request an expedited due process hearing (Rule 6A-6.03312(7)). The rule's timelines are much shorter than a regular hearing:
- the hearing "must occur within twenty (20) school days of the date the request for due process is filed";
- the administrative law judge decides "within ten (10) school days after the hearing";
- unless both sides waive it in writing or agree to mediation, a resolution meeting happens within 7 days of the request, and the hearing may proceed if the matter is not resolved within 15 days.
During the appeal, the student stays in the IAES pending the decision or until the removal period ends, unless the parent and the district or the Department agree otherwise (9). A Florida special education attorney or advocate can tell you whether an appeal makes sense for your child; see also IEP dispute options.
What if my child does not have an IEP yet?
A student who is not yet eligible can still claim these protections "if the school district had knowledge of the student's disability before the behavior" occurred (Rule 6A-6.03312(10)). The district is deemed to have knowledge if:
- the parent "expressed concern in writing" to supervisory or administrative staff, or a teacher, that the student needs special education;
- the parent requested an evaluation; or
- a teacher or other staff expressed specific concerns about a pattern of behavior to the special education director or other supervisors.
If you request an evaluation during the discipline period, it "must be conducted in an expedited manner." This is one more reason to put concerns and evaluation requests in writing.
How can private ABA data help at the meeting?
The rule tells the team to review "any information supplied by the parents." Your child's ABA program may be the richest behavior record you have. Useful items to bring, with your provider's help:
- The private FBA and the hypothesized function of the behavior (escape from demands, access to items, attention, sensory).
- Graphs showing how often the behavior happens across settings and what reduces it.
- The behavior plan your ABA team uses: antecedent strategies, replacement skills and how staff respond.
- A short letter from the BCBA describing how the behavior relates to your child's autism and which supports help.
You may also invite the BCBA. Parents may bring "other individuals who have knowledge or special expertise regarding the student" to IEP team meetings (Rule 6A-6.03028(3)(c)7.). Afterward, use the data to strengthen the school's FBA and BIP so the next incident is less likely. Our guide to functional behavior assessments and ABA-informed IEP behavior goals shows how.
If restraint was used during an incident, separate notice rules apply under s. 1003.573; see restraint rules in Florida schools.
How Hope Center can help
Hope Center's BCBAs complete assessments, write behavior plans and train parents weekly, and our staff can join IEP meetings where allowed. We use least intrusive, assent-based strategies and do not use restraint. To talk about behavior support at home or school, contact us or call 561-337-8865 for a free consultation and free benefits check.