Student suspension and expulsion
Unless a student is a special education student, it appears that there is no clear rule or regulation that sets a maximum number of days allowed for a student suspension. When does an extended suspension become an expulsion?
There is no law or rule that speaks to the exact number of days of suspension that constitutes an expulsion. Three things must be kept in mind: 1) if the school has any indication that the student, although not presently identified, may qualify for special services or he is in need of testing, the school may be denying the student FAPE by a long-term suspension. 2) courts would probably not look favorably upon an extended suspension unless the time is specified in the school policy and the length of suspension fits the behavior that precipitated the suspension. Because school attendance is mandatory, a court would most likely favor the student, unless the student's behavior is egregious or poses a threat to others. 3) only school boards can expel students. Principals can suspend students but not expel them.
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