Monday, July 2, 2012

11th Day Rule

A student with an IEP may not be expelled or suspended for more than 10 days of school without a hearing.  If a student is expelled or suspended for more than 10 days, on the 11th day the student is required to be given free appropriate public education (FAPE) to participate in the general education curriculum and progress toward meeting their IEP goals.  The 10 days may be from one large suspension or expulsion or may an aggregate of several suspensions or expulsions.  However, the law states on the 11th day the student with a IEP is entitled to FAPE.  If a student is removed from school for 11 days it is considered a change in placement from that in the IEP. There are mitigating circumstances and exemptions to this rule.  This video while boring and a bit monotone, is very good at explaining the 11th day rule.