This decision was not made by an IEP team. However, since the filing of this complaint, the district convened an IEP team meeting and the IEP team determined the child s placement, including the building the child will attend. The district has, therefore, taken steps to correct this violation with regard to this child. Because no changes were made in the free appropriate public education to be provided to the child or in his placement, the district was not required to give a copy of the child s IEP to the foster parent. 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 five days or for up to ten 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 disciplinary removals totaling ten or fewer school days in a school year. The suspensions did not violate either state standards related to suspension or federal special education law. The district has already met this directive with regard to the child who is the subject of this complaint. The department is currently working with the district to ensure that the placements of all children with disabilities are determined by IEP teams.