Shadow suspension is when the principal suggests to the parent that it would be a good idea to take the kid home. Shadow suspensions are controversial “because they can circumvent due process and potentially deprive students of their right to education without proper justification or transparency.
Can shadow suspensions violate IDEA? “Yes, multiple shadow suspensions can potentially violate the IDEA.”
This issue came up in a recent due process hearing in Florida. The parents alleged that the district effected a disciplinary change of placement without holding an IEP Team meeting or making a manifestation determination. The case involved a student with significant behavioral issues. School records showed that the student was suspended from school for five non-consecutive days. Five days would not be a “change of placement” but the parent alleged that there were many “shadow suspensions” on top of those five “official” days.
The district did not deny that there were numerous times when parents were contacted during the school day to report issues with the student. Mom and dad responded to these calls differently:
When [the student’s] father came, he often calmed [the student] and allowed him to return to class. On the other hand, [the student’s] mother generally opted to take him home for the day.
An unidentified but “credible” witness testified that the mother’s choice to remove the boy from school “was always voluntary.” Based on that testimony, the hearing officer concluded that there were 15 days when the student left school early, but they were all due to “his parents’ choice.” The school did not impose disciplinary suspensions of more than ten school days. Therefore, there was no change of placement. Therefore, neither an IEP Team meeting nor a manifestation determination was necessary.
This came out alright for the district, but the issue is always going to be based on the facts and the credibility of witnesses. This one is Santa Rosa County School Board, a decision by a Florida hearing officer issued on August 28, 2024. It’s cited at 124 LRP 33446.
DAWG BONE: SHADOW SUSPENSIONS ARE RISKY.