Suspension means the application of extended suspension, in-school suspension, short-term suspension, or long-term suspension.
In-school suspension means the removal within the school building of a student from the student's current education program for up to but not more than 10 school days in a school year for disciplinary reasons by the school principal.
Short-term suspension means the removal of a student from school for up to but not more than 3 school days for disciplinary reasons by the principal.
Long-term suspension means the removal of a student from school for a time period between 4 and 10 school days for disciplinary reasons by the principal.
Extended suspension means the exclusion of a student from a student's regular program for a time period between 11 and 45 school days, which may only occur when the superintendent or designated representative has determined that: the student's return to school prior to the completion of the suspension period would pose an imminent threat of serious harm to other students and staff; or the student has engaged in chronic and extreme disruption of the educational process that has created a substantial barrier to learning for other students across the school day, and other available and appropriate behavioral and disciplinary interventions have been exhausted.
Expulsion means the exclusion of the student from the student's regular school program for 45 school days or longer, which only may when the superintendent or designated representative has determined that the student's return to school prior to the completion of the expulsion period would pose an imminent threat of serious harm to other students or staff.
An in-school suspension is not considered a day of suspension as long as the student is afforded the opportunity to continue to progress on the curriculum; receive the special education and related services specified on the student’s IEP; receive instruction commensurate with the program afforded them in the regular classroom; and participate with peers they would in the program afforded in the regular classroom.
An in-school suspension that does not provide services a FAPE should be counted as disciplinary removals for the purpose of counting whether the student has been removed for 10 or more days in a school year.
The key elements of an in-school suspension are as follows:
Only the principal (or designee) may determine that a student is to be placed on an in-school suspension.
The action is taken for disciplinary reasons.
The student is removed from their education program as stated in the IEP.
The following removals are not in-school suspensions:
A therapeutic removal.
A therapeutic intervention that includes removal that is part of the student’s IEP.
A removal that is part of the student’s BIP.
Therapeutic removals are considered “exclusions” under state regulations rather than “suspensions” and are defined as “the removal of a student to a supervised area for a limited period of time during which the student has an opportunity to regain self-control and is not receiving instruction, including special education related services or support.” Portions of a school day that a student had been suspended may be considered as a removal in regard to determining whether there is a pattern of removals.
If specialized transportation is a part of the student’s IEP, removal from the school bus due to disciplinary issues is treated as a suspension imposed under the authority of school personnel to suspend a student with a disability unless MCPS provides the specialized transportation in some other way. If specialized transportation is not part of the student’s IEP, a bus suspension shall not constitute a suspension under IDEA. The parents/guardians would have the same obligation to transport their child to and from school as the parents/guardians of a nondisabled child. If it appears that the bus behavior is similar to the student’s behavior in school, an IEP team meeting should be held to address the student’s bus behavior and consider whether an FBA and or BIP is needed.
Legal Authority:
COMAR 13A.08.01.11; COMAR 13A.08.01.11; 71 FR 46715