Discipline -
Can The School Do That?


Q. My 16 year old son in special education has been suspended for 10 days. Can the school suspend him again?

A. The school may suspend your son for separate incidents of misconduct if the suspension would not constitute a change of placement. If any additional suspensions were more than 10 consecutive days, constituted a pattern, were close in proximity to other suspensions, the school could not continue to suspend him from his program. Services must be provided after 10 days in a school year

Q. My daughter used foul language to the teacher in class. My daughter has Tourette's disorder and sometimes cannot control her language. Can the school suspend her?

A. The school can suspend a student for up to 10 school days. If the suspension constitutes a change of placement,a manifestation IEP must take place to determine if your daughter's behavior is related to her disability. If it is decided by the IEP committee that her foul language was related to her having Tourettes, that she could not control her behavior, that she did not understand the consequences of her behavior or that the program has not appropriately addressed her behavior, the school cannot suspend her from her program.

Q. The school has been putting my daughter in in-house suspension for 20 days and now wants her to go to school half days for the rest of the school year. On some days they call me to pick her up because they can't handle her behavior. I'm about to lose my job. Can the school continue to do this?

A. The school must have a program in the in-house suspension that allows her to progress in every aspect of her IEP. If that is not the case, the in-house suspensions are a removal from her program and must be considered as suspensions.

Shortened days are only to be used on a temporary basis, and primarily for medical purposes. Days which are shortened so that school staff might be relieved of providing programs for students with disabilities affecting their behaviors are considered discriminatory.

Q. Can the school call the police every time my son misbehaves at school?

A. The school can call the police if they believe your son has committed a crime on school grounds or during time when the student has left his home to when he returns home after school. For those behaviors which are related to his disability, the school should develop a behavior plan and not rely on the police to relieve school staff of their obligation.