Page 8 of this IEP includes a behavior management plan for the youth. The district determined that the youth has two handicapping conditions, cognitive disabilities and other health impaired, that require special education. There is no record that the student was ever suspended in school. The IEP team did not determine whether the behavior resulting in the suspensions is a manifestation of the child's disability or due to an inappropriate IEP or placement. Also the services must meet the statutes and rules enforced by the department, including those statutes and rules related to suspension of pupils.
State law governs procedures relating to the suspension of pupils.
A series of short suspensions may create an exclusionary pattern that constitutes a change in placement. If a series of suspensions creates such a pattern of exclusion, the district has denied the child a FAPE in violation of state and federal law. Factors such as 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 are considered in determining whether there has been a change in placement. Periods of in-school suspension are considered when determining if a change of placement has occurred if IEP services are not provided. During the 1997-98 school year, the child was suspended out of school for 17 days.