2026 Verified Benchmark & Execution Guide
Stopping Illegal Informal Suspensions & 'Pick-Up-Your-Child-Early' Calls: MDR & FBA/BIP Federal Shield
How to invoke the 10-day IDEA disciplinary protection and Functional Behavior Assessment (FBA) rules when schools punish disability behaviors.
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1. Quantitative Benchmarks & Statutory / Clinical Standards
| Parameter / Rule | Standard / Threshold | Actionable Savings / Protection |
|---|---|---|
| Informal Removals Count | US Dept of Ed 2022 Discipline Guidance | Sending a child home early or to the office counts toward the 10-day suspension cap |
| Mandatory MDR Hearing | 34 C.F.R. § 300.530(e) | School cannot expel or change placement if behavior was caused by ADHD/Autism |
| Mandatory FBA & BIP | 34 C.F.R. § 300.530(f)(1) | District must conduct a Functional Behavior Assessment & positive support plan |
2. Step-by-Step Execution Protocol
Many schools dodge official suspension records by calling parents of children with ADHD or Autism at 11:00 AM and saying, 'He's having a hard day, you need to come pick him up.' Under federal guidance, every informal early pickup or sensory-room isolation counts as a removal day toward the 10-day statutory Manifestation Determination Review (MDR) threshold.
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