What was the supreme court case that ruled spec. ed. students can't be suspended for 10+ days?

Question

thanks in advance!

Answer 1

SpEdProf....you're awesome!  Good answer.

Answer 2

This is in the Individuals with Disabilities Education Act; it is not case law (though case law clears up related questions).  20 USC 1415(k)(1)(B).  "School personnel under this subsection may remove a child with a disability who violates a code of student conduct from their current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives are applied to children without disabilities)."  

Please note the following:

-A student in special education can be removed for more than 10 days when a manifestation determination review determines the behavior was not a manifestation of his disability. 20 USC 1415 (k)(1)(C)

-A student in special education can be alternatively placed for up to 45 days when the dangerousness exception applies. (conduct involves weapons, illegal drugs or inflicting serious bodily injury.)  20 USC 1415(k)(1)(G)

You will find further guidance in the federal special education regulations, available on the USDOE's website.