Suspensions and Removals

Discussion in 'Special Ed 101 Archives' started by mistmouse, Jan 26, 2004.

  1. mistmouse

    mistmouse New Member

    In your answer to Kody Bug's mom you replied that removals count toward the 10 days. So you are saying that if my daughter has been sent home early six days this school year and four of them were early in the morning that those four days count in the cumulative 10? If I am interpreting what you said correctly, can you possibly direct me to the regs that support that so I can present it to the school district?

  2. Sheila

    Sheila Moderator

    If your daughter has an IEP, she would fall under these type regs.

    Note the use of the term "removal." It's broader than "suspension." It's my understanding that there are cases where a child sits in the offices waiting on the disciplinarian for 2 or 3 hours a day (setting up a pattern), can also constitute a removal.

    This info from US DOE might help clarify. From:

    Under §300.519, a change in placement occurs if:

    (1) the removal is for more than 10 consecutive schools days; or
    (2) the child is subjected to a series of removals that constitute a pattern because they cumulate to more than 10 school days in a school year, and amount to a change in placement because of factors such as the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another. 34 CFR § 300.519.

    Also from

    The U.S. Supreme Court decision in the case of Honig v. Doe, 108 S.Ct. 592 (1988) established that a student with a disability could not be unilaterally removed from school for more than ten school days for misconduct that arose from the student’s disability. The Individuals with Disabilities Education Act Amendments of 1997 (IDEA ’97) included specific provisions in law requiring a manifestation determination review before a school district could implement a disciplinary removal that constituted a change of placement and defining how to determine whether behavior is a manifestation of a child’s disability. 20 U.S.C. §1415(k)(4); see also 34 CFR §300.523.

    I've seen this topic addressed at and/or -- just didn't bookmark the page. You migh want to do some further research there.