Does In-school Suspension Count As A Day Of Suspension Toward The 11th Day Rule?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, whether school days of in-school suspension count as school days of suspension for determining if a change of placement has occurred, depends on the nature of the in-school suspension environment. Many schools already use in-school suspension for code of conduct violations. Because children frequently are unsupervised and undirected by school personnel if placed on out-of-school suspension, many LEAs prefer to use in-school suspension, at least for first-time offenders or less serious offenses. Comments following the federal regulation indicate that LEAs have authority to utilize in-school suspension as a disciplinary tool (Federal Register, August 14, 2006, p. 46715).

Additionally, a school day of in-school suspension should not count as a school day of suspension for services or change of placement purposes if, during the in-school suspension, the child is afforded an 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 children without disabilities to the extent they would have in their current placement

The assumption is that LEAs may use in-school suspension for children with disabilities just as they would for children without disabilities. The issue is really whether the school day(s) count toward accumulating the 11th school day of suspension which would require the beginning of educational services or toward the 10 consecutive school days for change of placement or provision of services. The comments to the regulations indicate that for children with disabilities, if the in-school suspension approximates the current placement in the areas outlined above, it does not cont toward the 10 school days needed for a change of placement or provision of services. On the other hand, if in-school suspension is a place where children are held without opportunities to progress in the general curriculum, receive IEP services, and participate with children without disabilities to the same extent they would have in the current placement, the days do count as school days of suspension for chage of placement and provision of service purposes.