In the guidance, the Department raises its serious concerns regarding school practices on repeated disciplinary removals of children with disabilities. Specifically, it directs that any action by the school where either the child loses access to, or causes a significant change in the child’s educational program, could be counted as days of suspension or constitute a change of placement. Examples given in the guidance are shortening a child’s school attendance or denying the child participation in an elective course because of the child’s behaviors. The guidance also emphasizes the statutory requirements that school districts must implement if a removal is not to be counted as a day of suspension:

1. the child is afforded the opportunity to continue to appropriately participate in the general curriculum;
2. the child continues to receive the services specified on the child’s IEP; and,

the child continues to participate with nondisabled children to the extent they would have in their current placement.