The district has responded to the student's behavioral problems and rule violations by sending him to the special education classroom for cooling down time and by issuing detentions. In addition, the district has repeatedly suspended the student from school. No suspension was for more than five consecutive school days. In addition, the services provided by a district must meet the requirements of the statutes and rules enforced by the department, including those related to the suspension of pupils. Therefore, the complaint is substantiated in this regard.
State law governs procedures relating to the suspension of students.
A child with a disability may be suspended for up to five days or for up to 10 consecutive days if a notice of expulsion has been sent to the child's parents. A series of short suspensions may create an exclusionary pattern that constitutes a change in placement. If a series of suspensions creates a pattern of exclusion, the district has denied the child a FAPE in violation of state and federal law. Factors to consider in determining whether the student has been excluded from school to such an extent that there has been a change in placement include the length of each suspension, the total amount of time that the student is excluded from school, and the proximity of the suspensions to each other. No suspension was for more than five consecutive school days.