The child's IEP contains an annual goal directed at assisting him to conform his behavior to the requirements of school rules. Short-term instructional objectives are included under this goal. District staff consistently worked toward assisting the child to achieve these short-term instructional objectives, utilizing teaching approaches called for by the objectives on at least a daily basis. One of the objectives included subdivisions which set out the child's behavior plan. Again, staff implemented each item of the behavior plan as circumstances called for its use.
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. During this period there were a total of 73 days when school was in session. These suspensions create a pattern of exclusion which constitutes a change in the child's educational placement.