Nothing in the Act prohibits this measure. The court concluded that nothing in the IDEA prevented the school district from utilizing suspensions as a form of discipline and that the district need not provide educational services during those short-term suspensions, notwithstanding that the suspensions may total in excess of ten days in a school year. Implicitly the court reasoned that, depending on the reasons behind the suspensions, even suspensions which total in excess of ten days may not amount to a change in placement. It should be noted that the district in Eric J used in-school suspensions and detentions far more frequently than any out of school suspensions in an attempt to modify the behavior. Be careful in using suspensions in conjunction with the behavior plan.
Documentation is crucial.
Several short-term suspensions immediately following one another would raise a question whether or not the district is in fact attempting to exclude the student without using the proper procedures, rather than appropriately using short term suspensions. Review the behavior plan of the student each time an IEPC is held to decide whether modifications need to be made. By documenting a district's actions in this manner, the district can probably show that it was attempting to modify behavior and to use appropriate interventions rather than merely excluding the student. This evaluation was included in the initial evaluation materials which found the student eligible for special education programs and services as hearing impaired. The student continued in school for the following two years.