Topic:
DISCIPLINARY PROBLEMS; SPECIAL EDUCATION;
Location:
EDUCATION - DISCIPLINE;

OLR Research Report


September 24, 2004

 

2004-R-0745

STATE SCHOOL SUSPENSION GUIDELINES

By: Soncia Coleman, Research Analyst

You asked for a summary of the state law on school suspension.

GROUNDS FOR SUSPENSION

Suspension is defined as exclusion from school privileges or from transportation services for no more than 10 consecutive school days, or until the end of the school year in which such suspension was imposed, whichever comes first (C. G. S. § 10-233a(d)). Suspension procedures are not as detailed as the expulsion procedures described in OLR report 2002-R-0849. Generally, school boards can authorize school administrators to suspend a student whose conduct (1) on school grounds or at a school-sponsored event violates board policy, seriously disrupts the educational process, or endangers people or property; or (2) off school grounds violates board policy and seriously disrupts the educational process.

In determining whether conduct is seriously disruptive of the educational process, school administrators may consider: (1) whether the incident occurred within close proximity of a school; (2) whether other students from the school were involved or whether there was any gang involvement; (3) whether the conduct involved violence, threats of violence or the unlawful use of a weapon as defined by statute, and whether any injuries occurred; and (4) whether the conduct involved the use of alcohol (C. G. S. § 10-233c(a)).

PROCEDURAL REQUIREMENTS

Students can be suspended for up to 10 days following an informal hearing, except in an emergency, in which case the hearing must be held as soon as possible after the suspension. During the informal hearing students must be informed of the reasons for the suspension and given the opportunity to explain themselves. The statute permits a more formal hearing if warranted by the situation and requires a formal hearing if a student is suspended more than 10 times or for a total of 50 days in one school year (whichever results in fewer days of exclusion) (C. G. S. § 10-233c(a)).

In determining the suspension length, the law allows school administrators to receive and consider evidence of past disciplinary problems which have lead to the student’s removal from a classroom or suspension or expulsion from school (C. G. S. § 10-233c(b)). Students must be given the opportunity to complete any classwork or exams missed during the suspension period (C. G. S. § 10-233c(d)). A school district must include a student’s suspension in his cumulative educational record, but must expunge such record if the pupil graduates from high school (C. G. S. § 10-233c(e)).

IN-SCHOOL SUSPENSIONS

Boards may also authorize school administrators to impose an in-school suspension on a student whose conduct endangers people or property or is seriously disruptive of the educational process, or violates a publicized board policy. Students can receive in-school suspension for up to five days after an informal hearing. No student can be placed on in-school suspension more than 15 times or 50 days in one school year, whichever results in fewer days (C. G. S § 10-233f).

SPECIAL EDUCATION STUDENTS

School administrators must abide by special rules when suspending students who receive special education services. In accordance with federal law, a special education student’s planning and placement team (PPT) must convene to review the student’s behavior intervention plan after 10 cumulative days of suspension during the year. Additionally, federal regulations require that for days of exclusion in excess of 10 in a school year, the child must be provided services so that he or she continues to receive an appropriate education (34 C. F. R. § 300. 121(d)(3)(i)).

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