Long-term or short-term suspensions: what's the difference?

Some of the most common questions I field about SPED law and IDEA are about behavior and discipline.  And this is one of the most fundamental questions in all discipline matters:

Is it a long-term or short-term suspension (or expulsion)?

There are two steps to answering this question.  The first is easy; the second is a bit complicated.

STEP 1:

If the child is suspended for MORE than 10 school days in a row (i.e. at least two weeks + one school day), it is a long-term suspension.  If that's the case, you're done.  Skip on down.  If not, go to Step 2.

STEP 2:  

If there is a sufficient Pattern of Removals, it is a long-term suspension.  A sufficient Pattern of Removals exists when:

• The child has been suspended more than once (a series of removals).
  
• Adding up the days suspended equals MORE than 10 days (in a given year).
  
• The behavior in each suspension is substantially similar.
  
• Additional factors--such as a high number of days in suspension or suspensions occurring close together (over a short time period)--support the idea that it is just a broken-up long-term suspension
  

All of the above must be met to find a pattern of removals, and as you can see, there is a significant amount of leeway in determining whether some of these factors have been met.  If all are met, it is a long-term suspension.  If not, it is a short-term suspension.

How do the long and short term suspension categories affect the child's rights?

If the suspension is long-term, also sometimes called a change of placement, IDEA requires:

• A manifestation determination to be conducted to identify if the child's behavior resulted from either the child's disability or failure to implement the IEP.
  
• Some actions be taken by the school to address the behavior (depending on circumstance and results of the manifestation determination).
  
• The child's IEP services to be provided during the suspension period (starting on day 11).
  

If the suspension is short-term, IDEA has only one requirement:

• Any disciplinary action chosen by the school must be "in the same manner and for the same duration" that a child without a disability would be punished.  In other words, the discipline cannot be discriminatory--the school can't proscribe a more severe punishment for a child just because that child has special needs.
  

I'll try to follow up this post with others on discipline to clear up some of the confusion around manifestation determinations, behavior assessments, interim alternate educational settings, and positive behavior supports.