The child was suspended for a total of nine days during the 1998-99 school year. None of the suspensions were for more than five consecutive days. He also received two in-school suspensions on October 19 and November 6, 1998. The child received special education services consistent with his IEP during both in-school suspensions. 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 student suspension.
State law governs procedures relating to the suspension of students.
Under state law, a child with a disability may be suspended for up to 5 days or for up to 10 consecutive days if a notice of expulsion has been sent to the child s parents. Under federal special education law, a district need not provide services to a child with a disability during a disciplinary removal for 10 school days or less in a given school year. During the 1998-99 school year, the child was suspended out of school for nine days and in school for two days. Because the child received services consistent with his IEP during the in-school suspensions, they do not constitute suspensions under federal special education law. No suspension was for more than five consecutive school days.