Suspensions, Special Education and Due Process

Many parents are unaware that there are different considerations and protocol for students with disabilities who face suspension and expulsion. IEP (Individual Education Plan) students can be disciplined by suspension for up to 10 consecutive or cumulative days per school year using the same protocol as non-IEP students. After this additional due process is afforded to IEP students.

• Lengthy suspensions put already at-risk students behind and hinder them meeting their IEP goals. For a classified student to be suspended for more than 10 days there must be a meeting of the administration, child study team and parents scheduled to discuss the impact on the student.
• Administrators must notify the student's case manager of the suspension, reasons for the suspension and number of days so the case manager can evaluate the action in relation to the student's education plan.
• Preschool students shall not be suspended or expelled. N.J.A.C. 6A:14-2.8(a)1
• For all suspensions that are 5 or more consecutive days, “academic instruction shall be provided within five days of the suspension.” N.J.A.C. 6A:16-7.2(a)5

The additional due process usually involves meetings of the child study team, providing services while on suspension and other possible remedies. If the suspension is a result of the student's actions arising out of the disability, additional steps may be taken including revoking the suspension and changing the placement of the child.


School personnel may remove student to a different placement for 45 calendar days for:

• Drugs
• Weapons as defined by 18 U.S.C. §930(g)(2)
• Serious bodily injury to another as defined by 18 U.S.C. §1365(h)(3)

An Administrative Law Judge may remove a student to a different placement for 45 days if she/he determines the student's actions are likely to result in personal injury to the student or others.

The New Jersey Department of Education has prepared a brochure detailing some of these considerations. It is available on their website.

Securing legal counsel when facing long suspensions or removal is an important step to protecting your child's rights and providing them with the best opportunity to succeed.