IAES - Educating Children with Disabilities
Interim Alternative Educational Setting (IAES)
If your child has a disability and is under IDEA, the child may be suspended or placed in an interim alternative educational setting (IAES) for up to ten consecutive school days (in some circumstances cumulatively for the school year).
If a child with disabilities is being removed for more than 10 days, either because the misconduct was not a manifestation of the disability, or in special circumstances involving weapons, drugs, or serious bodily injury, the student must be put in a setting where the student receives services under the IEP. Under these special circumstances, the student can be in this IAES placement up to 45 school days, even if the behavior was a manifestation of the disability. After that, the student returns to the original placement unless the parent and district agree to a different placement or a hearing officer orders a new placement.
If a due process complaint has been filed by either the parent or school, the child remains in the interim alternative educational setting (IAES). However, the hearing process is expedited, and must occur within 20 school days of the request, with a determination within 10 school days after the hearing.
Because of the generality of the information on this site, it may not apply to a given place, time, or set of facts. It is not intended to be legal advice, and should not be acted upon without specific legal advice based on particular situations