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: http://www.ed.gov/policy/speced/guid/idea/letters/2001-2/zirkel041601discipline.doctor
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 http://www.ed.gov/policy/speced/guid/idea/letters/2000-3/osterhout72500mdreview.3q2001.doctor
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 studentâs disability. The Individuals with Disabilities Education Act Amendments of 1997 (IDEA â97) 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 childâs disability. 20 U.S.C. §1415(k)(4); see also 34 CFR §300.523.
I've seen this topic addressed at wrightslaw.com and/or reedmartin.com -- just didn't bookmark the page. You migh want to do some further research there.
