Suspension for any part
of a day counts as 1 day suspension.
Students with disabilities who require IEPs are eligible
for services under the Individuals with Disabilities Education
Act, 20 USC Sec. 1400 et seq., implemented in Indiana through
511 IAC 7-17 et seq. (Article 7). The U.S. Department
of Education states that any part of an instructional day
for which an eligible student is suspended counts as one
day of suspension. See 34 CFR Part 300, Federal Register,
No. 64, No. 48 (Friday, March 12, 1999) at Attachment 1—Analysis
of Comments and Changes, p. 12619 (“An in-school
suspension would not be considered a part of the days of
suspension…as long as the child is afforded the opportunity
to continue to appropriately progress in the general curriculum,
continue to receive the services specified on his or her
IEP and continue to participate with nondisabled children
to the extent they would have in their current placement. Portions
of a school day that a child had been suspended would be
included in determining whether the child had been removed
for more than 10 cumulative school days or subjected to a
change of placement under Sec. 300.519.”) Public
schools, as a condition for receipt of IDEA funds, have
agreed to abide by IDEA. As a result, for a student
eligible for services under Art. 7, a suspension for any
part of a school day constitutes a day of suspension. That
is why we have 511 IAC 7-29-1(c). They cannot be reported
in increments less than “one.” There should
be no reporting otherwise. |