If a student is expelled in Feb of 2007 are they allowed to return in Feb 2008 or do that have to wait until the fall semester to return?

The law reads as follows:

 “(2) in possession of a firearm or destructive device on school property; must be expelled for at least one (1) calendar year, with the return of the student to be at the beginning of the first school semester after the end of the one (1) year period.
    (e) The superintendent may, on a case by case basis, modify the period of expulsion under subsection (d) for a student who is expelled under this section.”

When a student is expelled from our school and has an IEP, they have homebound instruction the whole time they are out of school physically.  We feel like that should be an alternative program as specified in #7 of the Expulsion Report Instructions (Version 09.15.06).  This year I note that it says that "Students that were expelled to an alternative school or program and completed the entire length of the expulsion at the alternative school or program should not be reported.  So - would that mean we shouldn't count any of these students who have homebound instruction?

Students that have been expelled and are receiving homebound instruction are reported for the reason expelled, alternative school or program does not include home instruction, therefore “Not referred” is the appropriate response.

I have a student that was suspended more than 10 days waiting on expulsion hearing. How should I report the DOE-SU?

Report the student for the entire length of the suspension up to the expulsion. A warning will be produced to check the accuracy of the length submitted. The expulsion should be the exact date and length of the beginning day of the expulsion.