In-School Suspension (ISS) of Students with Disabilities (SWD)

This section outlines the proposed enhanced standards and protocols for administering In-School Suspension (ISS) to students with disabilities (SWD). These guidelines are intended to ensure that any assignment to ISS is implemented in compliance with federal disability laws, including IDEA, and aligned with students’ Individualized Education Programs (IEPs) and 504 Plans. 

Clarify Suspension Terminology 

Update the terms short-term suspension and long-term suspension to specifically refer to out-of-school suspension (Page 63 and Glossary). These proposed changes include: 

• Short Term Suspension: Disciplinary action that denies school attendance through an out-of-school suspension for a period not to exceed ten days (up to 3 school days for grades K-3) unless specified misconduct has occurred. Up to 5 school days for grades 4-12, unless accompanied by a referral to the Division Superintendent.
• Long-Term Suspension: Disciplinary action that denies school attendance through an out-of-school suspension for 11-45 school days, unless misconduct involves (i) possession or use of a statutory weapon (as defined in Section A.7.a.), or illegal drugs (as defined in Section A.5.f.), (ii) serious bodily injury, or (iii) aggravating circumstances. Where a determination of (i), (ii), or (iii) is made, the long-term suspension may extend beyond 45 school days but shall not exceed 364 calendar days.

Provide a definition for out of school suspension

Disciplinary action that denies a student the right to attend school or school-sponsored activities for a defined period of time. Out-of-School Suspension includes both short-term suspensions (up to ten school days) and long-term suspensions (eleven to forty-five school days). 

Add Definition for In-School Suspension

Create a definition for in-school suspension in the Glossary to ensure consistent application and understanding across schools.

Proposed Definition

In-School Suspension (ISS) means the removal of a student from their regular educational setting for disciplinary reasons to another supervised setting within the school, where the student continues to: (1) have access to the general education curriculum; (2) participate in instruction and services specified in the student’s IEP or Section 504 Plan, if applicable; and (3) progress toward meeting educational goals. For students with disabilities, an ISS does not count as a removal unless the student is denied access to the general education curriculum, special education and related services identified in their IEP or Section 504 Plan, or participation with general education peers to the extent provided in the IEP.

Establish Procedures for In-School Suspension Less Than 10 Days 

Proposed Regulatory Language

Students with disabilities may be assigned in-school suspension in the same manner as non-disabled peers for up to ten consecutive or cumulative school days in the same school year. During any in-school suspension, the student must continue to have access to the general education curriculum, the special education and related services specified in their IEP, and opportunities to progress toward meeting their IEP goals. School staff shall document the duration of the in-school suspension and ensure that the removal does not constitute a change in placement. If a student demonstrates repeated behavioral concerns resulting in in-school suspensions that approach the ten-day cumulative threshold, the IEP team shall be consulted to determine whether additional supports, services, or interventions are needed to address the student’s behavioral needs and, where necessary, conduct a functional behavior assessment (FBA) and develop or revise a behavior intervention plan (BIP).

Establish Procedures for In-School Suspension More Than 10 Days 

Proposed Regulatory Language

If a student with disabilities is assigned in-school suspension for more than ten consecutive or cumulative school days in a school year, the school shall conduct a manifestation determination review (MDR) and provide services to enable the student to continue to participate in the general education curriculum and progress toward meeting the goals of their IEP. The MDR team meeting shall convene as soon as reasonably possible, but no later than the tenth day of in-school suspension. On the same date that FCPS determines an in-school suspension will extend beyond ten school days, the school shall notify the parent/guardian and provide a copy of the procedural safeguards. If the misconduct is determined to be a manifestation of the student’s disability, the IEP team shall conduct or update a functional behavior assessment (FBA) and develop or revise a behavior intervention plan (BIP) to address the student’s behavioral needs. 

Expand IEP Team Consultation Requirements 

Revise language to specify that consultation with the student’s IEP team applies not only to short-term suspensions, but also to in-school suspensions.

Proposed Language

Prior to making a decision to in or out of school suspend a student with a disability, or refer a student with a disability to the Division Superintendent, the principal of the school (or the principal’s designee) shall consult with the student's case manager or another key member of the IEP team if the case manager is not available, review the student's IEP, including any BIP, and take into consideration any special circumstances regarding the student.

Extend Section 504 Protections

Update protections for students with disabilities covered under Section 504 to include circumstances where the school: imposes a long-term suspension (more than 10 school days); or Imposes in-school suspension for more than 10 consecutive or cumulative school days. (P.66) 

Proposed Language

When a principal recommends an in or out of school suspension of more than ten school days, initiates an in or out of school suspension that would accumulate to more than ten school days in a school year, or refers to the Division Superintendent a student with a disability who has been determined to be a student with a disability under Section 504 of the Rehabilitation Act of 1973, the school shall ensure that a knowledgeable committee convenes as soon as possible but not later than ten days after the decision to suspend or recommend reassignment or expulsion. 

Interpretation and Translation Accessibility for Student Statements

This proposed update clarifies expectations for language access when collecting verbal or written student statements. Specifically, it establishes the requirement that interpretation and translation services be used to support multilingual learners (MLs) during the collection of student statements. 

Proposed Language

Language support services shall be offered to all students violating the provisions of this regulation who are: 

• Identified in the Student Information System (SIS) as having a home language other than or in addition to English, or
• Determined to be a multilingual learner (ML) based on their English Language Proficiency Level (ELP) 

to ensure the student can fully understand and meaningfully participate in the process of providing a verbal or written student statement related to a discipline violation, including understanding the voluntary nature of that participation.

Language support services shall also be offered to all students who are identified in the Student Information System (SIS) as having a home language other than or in addition to English, or determined to be a multilingual learner (ML) based on their English Language Proficiency Level (ELP) witnessing a discipline violation and who consent to provide a student statement. 

Language support services must be provided through and in accordance with the Chief Experience Engagement Office Language Services Department protocols and/or guidance. 

Before requesting any verbal or written student statement from a student requiring  language support services, administrators shall use language support services through the Chief Experience Engagement Office Language Services Department to explain that the student is being asked to share their account of a discipline incident and that participation is voluntary.