Mary Richard, Special Education Lawyer

01/23/2026

Expulsion of a Student with an IEP Who Has Violated a School Conduct Rule

Under state and federal special education law, with certain exceptions, a school district can expel a child with an IEP for the same behavior it would expel a student without an IEP.

Under state and federal special education law, expulsion is a “change of placement,” which includes a significant change in the child’s educational setting (not just a change in classroom or building within the school district) for more than ten days.

Within ten school days of a school district’s decision to expel a child with an IEP, staff from the AEA and school district, the parent, and members of the child’s IEP team must review the child’s IEP, teacher observations, all relevant information in the child’s school file, and any related information provided by the parents, and determine whether the behavior that violated was a direct manifestation of the child’s disability.

1. If the group determines that the conduct was a manifestation of the child’s disability, then the IEP team must perform a functional behavior assessment and develop a behavioral intervention plan for the child. If the child already has a behavior intervention plan, the team must review and modify it, as needed, to address the behavior. With some exceptions, they may decide to return the child to school.

2. If the group determines that the behavior that violated the school code is determined not to be a manifestation of the child’s disability, the school may apply the disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures that they would apply to children without disabilities.

If the behavior for which the child with an IEP was expelled involved threats or incidents of violence, alcohol, weapons, or drugs (or if the group determined the behavior wasn’t a direct manifestation of the child’s disability), during the period of expulsion, the school must provide the child with educational services to allow the child to continue to participate in the general education curriculum in another setting, and to progress toward meeting the goals in the child’s IEP. The child’s IEP team determines the type, location, and amount of those services.

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01/20/2026

Welcome to my new Special Education in Iowa blog:

Standing Up to the Steamroller

01/17/2026

New Blog:
When Can A School District Exit a Child from Special Education?

The IDEA requires that states receiving federal IDEA funds provide a FAPE to all public school children with disabilities residing in the state through age 21. 20 U.S.C. § 1412(a)(1)(A); 34 C.F.R. § 300.101. This requirement ends when:

1. The student has exceeded the age of eligibility for FAPE under state law. 20 U.S.C. § 1412(a)(1)(A); 34 C.F.R. § 300.101; Iowa Admin. Code r. 281–41.102(1)(a). In Iowa, this is until the student's 21st birthday or through the end of the school year in which the student turns 21.

2. The student no longer meets the legal definition of a “child with a disability.” 34 C.F.R. § 300.8(a); 34 C.F.R. § 300.306(b); Iowa Admin. Code r. 281—41.305(1)(b)(1).

3. The student’s parents or guardians revoke consent in writing for the continued provision of special education and related services. 34 C.F.R. § 300.300(b)(4); Iowa Admin. Code r. 281–41.300.2(d).

4. The student has graduated from high school with a regular high school diploma or higher diploma, but a regular high school diploma does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or any similar lesser credential. 34 C.F.R. § 300.102(a)(3)(iv); Iowa Admin. Code r. 281–41.102(1)(c)(4).

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01/17/2026

New Blog
A Regular High School Diploma Cannot Be Based on Coursework Aligned with Iowa’s Alternative Academic Achievement Standards and Alternative Assessment

In the past year, I've responded to several calls from parents who were struggling to respond to challenges from their child’s private and Medicaid insurers, asking the parents how their children, who the parents and school district said had substantially limited expressive and receptive communication skills and functioned at the level of a two-to-three-year old, had earned regular high school diplomas.

Calls like this concern me because students whose high school instruction was entirely or mostly based on Iowa’s Essential Elements are not eligible to receive a regular high school diploma.

Under state and federal law, a regular high school diploma may not be based on high school credits in courses based on Iowa’s Essential Elements for Students with the Most Significant Cognitive Disabilities. 34 C.F.R. § 300.102(a)(3)(iv); Iowa Admin. Code r. 281–41.102(1)(c)(4). A regular high school diploma is the high school diploma (or a higher form of diploma) awarded to the vast majority of graduating students, and doesn’t include any other form of diploma, GED, certificate of completion, certificate of attendance, or any similar lesser credential. 34 C.F.R. § 300.102(a)(3)(iv); Iowa Admin. Code r. 281–41.102(1)(c)(4).

The reasons state and federal law do not permit a regular high school diploma to be based on high school courses aligned with alternate academic achievement standards include:

1. Preserving the Integrity and Value of the High School Diploma. The legal requirement that a regular diploma must be aligned with a state's regular academic achievement standards prevents dilution of the diploma’s value in certifying to employers, postsecondary institutions, and others that a graduate has met the state’s academic requirements. 34 C.F.R. § 300.102; K.L. v. R.I. Bd. of Educ., 907 F.3d 639, 652 (1st Cir. 2018).

2. Preventing Premature Termination of Special Education. The IDEA requires that students with disabilities receive a FAPE until they either age out or graduate with a regular high school diploma. If a regular diploma could be awarded based on alternate, less rigorous academic standards, school districts could use such diplomas to terminate special education services before students with disabilities have aged out of special education eligibility at age 21. See e.g., K.L. at 652.

3. Ensuring Access to the General Curriculum. Requiring that alternate academic achievement standards are based on the state’s regular academic achievement standards ensures access of children with significant cognitive disabilities to the general curriculum (34 C.F.R. 300.39(b)(3)(ii); Iowa Admin. Code. r. 281-41.39(c)(3)(ii)) and to prepare for further education, employment, and independent living. 20 U.S.C. § 1400(d)(1)(A).

4. Ensuring Transparency and Informed Decision-Making. The IDEA and the Every Student Succeeds Act require that IEP teams and parents be informed about the implications of taking courses based on alternative academic achievement standards and alternate assessments. 34 C.F.R. § 300.160(3); 34 C.F.R. § 200.6; Iowa Admin. Code r. 281-41.160.

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12/03/2025

New Blogs on Bullying and Harassment
https://specialeducationlawmmr.blogspot.com/2025/12/student-on-student-harassment-on-basis_3.html

https://specialeducationlawmmr.blogspot.com/2025/12/student-on-student-harassment-on-basis.html

12/02/2025

Student-on-Student Harassment on the Basis of S*x: Discrimination Claims Against School Districts

DISCLAIMER: This blog contains general information about special education law in Iowa, and the opinions of its author. Blog content should not be relied upon as legal advice with respect to any individual's specific situation. Neither the content of this blog, nor any comments or responses posted t...

10/18/2025

https://specialeducationlawmmr.blogspot.com/2025/10/asl-and-school-interpreters.html

Today, I'm sharing some quick information related to Deaf students, American Sign Language, and educational interpreters. 1. America...

07/24/2025

Open Enrollment Blues?
Recently, I’ve received several calls from parents of elementary and secondary-age children who said they filed open enrollment applications before the March 1 deadline for the 2025-2026 school year. They thought their children would be automatically eligible to begin attending the requested school district next month, and were shocked when their applications were rejected. They wanted to know whether a school district could legally refuse to open-enroll a student whose application had been filed on time. In each instance, the answer was “yes.” An Iowa public school district may reject a timely-filed open enrollment application for a variety of reasons, including the following:

Insufficient Classroom Space: A receiving district may deny an open enrollment application if it determines there isn't enough classroom space to add another student. Each Iowa school district is required to adopt a policy defining "insufficient classroom space," and may include factors related to grade levels, pupil-teacher ratios, available facilities, and financial resources. See Iowa Admin. Code rule 281-17.6.

Disciplinary Status: A student who has been suspended or expelled in the resident district can't transfer to another district until the student has been reinstated in the resident district. If the student applies for reinstatement but is not reinstated, the district may deny the transfer request. See Iowa Code § 279.82.

S*x Offender Status: If a student has been required to register as a s*x offender, the school board must determine the student’s educational placement, may deny open enrollment. See Iowa Code § 282.9.

Special Education Program Availability: If a student requires special education, the receiving district may deny the application if it cannot provide an appropriate special education program. This determination is made in consultation with the resident district and area education agency, and the decision is subject to procedural safeguards. See Iowa Admin. Code rules 281-17.2 and 281-17.10.

Court-Ordered Desegregation: Although none of the resident or requested school districts of the parents who called me were subject to a court-ordered desegregation plan, because this is mentioned in the law, I want to mention that if a resident district is subject to a desegregation order, the superintendent may deny an open enrollment request if it would negatively affect the implementation of that order. I would add that some exceptions exist, and denials may be appealed to the school board, and a board denial may be appealed to the Iowa District Court. See Iowa Code § 282.18; Iowa Admin. Code rules 281-17.2 and 281-17.6.

Homelessness: Although none of the children of the parents who called me were homeless, I want to mention that homelessness isn’t a basis for denial. However, if a homeless student isn't placed in the district requested by the parent or guardian in the open enrollment application, the resident school district must provide a written explanation and notice of appeal rights. See Iowa Admin. Code rule 281–33.7.

Please bear in mind that the information above applies to applications submitted by or before the annual March 1 open enrollment deadline. School districts may reject a late application (one filed after the March 1 deadline) unless there is “good cause,” such as repeated harassment or a serious health condition the resident district can’t adequately address. Denials in such cases may be appealed. See Iowa Code § 282.18.

For more information, you may read the new guidance published less than two weeks ago by the Iowa Department of Education, at https://educate.iowa.gov/media/10193/download?inline,

05/01/2025

https://specialeducationlawmmr.blogspot.com/2025/04/differences-between-residential.html

School districts are generally more familiar with legal requirements and procedures that apply when a doctor or court places a c...