Ten Day Suspension Tracking

Discussion in 'Special Ed 101 Archives' started by Jerri, Nov 18, 1999.

  1. Jerri

    Jerri Member

    Ok most of you know that the SD cannot "suspend" longer than 10 days... ots known as the "red line" or Honig rule.

    * Honig held that students could not be suspended for more than 10 days....

    Well it gets confusing.

    The 10 days is cumulative and can include:

    * in house suspensions
    * bus suspensions
    * etc.

    So what to do:

    "Fix it once Fix it Write"


    Dear Superintendent So & So,

    My difficult child was suspended this week for two days, I am writing to you to request clarification of this suspension.

    This two days combined with the 3 days in house is a total of 5 days leaving only 5 left under the Honig rule.

    Please confirm to me in writing that this is what your records reflect.


    Mrs. difficult child

    cc: attorney file

    This way you are never blind sided, and it opens up dialogue with Supt and "discipliners" about what they are doing.

    Hugs N Love!!!

  2. Katz

    Katz New Member

    Jerri, a question for you:

    My SD told me this week that the 10 days is no longer cumulative; that the new regs specify that it's 10 days per suspension? I'll check the fed and state regs today, but thought you might have a quicker answer. Thanks.

    Kathy B, Research Assoc., CD/HR (and pre-medication major--hours devoted to medical,
    psychiatric & pediatric studies; & social science minor--parenting, educational
    & counseling studies, & social service procurement!!! LOL :laugh: By the way, this is sarcasm!)
    12 yo son difficult child ADHD, depression, possible Obsessive Compulsive Disorder (OCD) and/or bipolar
    9 yo son easy child
    24 years with- husband (ADHD?)
    2 dogs, 2 cats, 2 bunnies, & 8+ koi
  3. Guest

    HI Kathy,
    I thought this might be helpful to you. Remember the SD has to follow the Federal Regs.

    Discipline Procedures
    §300.519 Change of placement for disciplinary removals.

    For purposes of removals of a child with a disability from the child's current educational placement under §§300.520-300.529, a change of placement occurs if—
    (a) The removal is for more than 10 consecutive school days; or
    (b) 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 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.
    (Authority: 20 U.S.C. 1415(k))
  4. Katz

    Katz New Member

    Thanks, Luv. I hadn't pulled out my regs yet, so this will save me time.

    Your "name" makes me smile, especially this week. My boys have been asking me to call them "luv" all week whenever I respond to a question or request from them!
  5. Guest

    Jerri, My difficult child gets sent to the office daily as he is "out of control" in the classroom. They have also sent home, suspended him from bus and acually suspended him(manesfestation of his disorder) Do I understand correctly that these all are subject to the 10 day rule? But no IEP so this all doesn't mean much no 504 yet either ( workin on it parent report and other things)
    The school has recieved documentation from psychiatrist that difficult child has a behavior disorder

    mom-ADD?Son1 ADD,A/S? ,Learning Disability (LD)
    Son2 ADHD,Bi-Polar?