INSTRUCTION
BOARD OF EDUCATION
SUSPENSION
SUSPENSION POLICY FOR DISABLED CHILDREN
Disciplinary measures will be applied to special
education students in the same manner as to regular education students with the following limitations:
Special
education students may not be suspended for more than ten days
If a student does not respond positively to such
measures, a referral should be made to the Committee on Special Education to
consider a possible change in placement.
In view of the limitations of suspensions, the referral
should be prepared before the maximum suspension is reached, and the student
referred to the CSE as soon as possible. The student must be allowed to remain
in his/her current placement until a change of placement is effected by the CSE
or until the parent agrees in writing to the student's placement in a
transitional or home instruction program for the period between the actual CSE
referral and placement in a new program.
The legal interpretation is that out of school
suspension beyond the ten days constitutes a change of placement.
Legal
Reference: Honig v. Doe, decided by the Supreme Court of the