Dale: If a special needs child is suspended for 1/2 day, does it count the same as a full day, especially when determining whether or not the child was suspended for 10 or more days from school?
Suspensions: DOES 1/2 DAY = 1 DAY SUSPENSION?
Special Education Law and Advocacy
Yes, a half day still counts against the 10 day maximum allowed for a child with disabilities. 34 CFR 300.11 c (1) states that “school day” means any day, including a partial day, that children are in attendance at school for instructional purposes. The code of federal regulations can be found online at http://www.ecfr.gov The educational part of the Federal Regulations that apply to education are “Title 34 Education” and covers all laws including special education.
34 CFR 300.536 and 34CFR 300.530 may help you in this case? Both deal with placements, and Manifestation Determination Reviews.
The answer will depend on the state, & the attorney that is answering. Some attorneys in TX say yes. Your state education agency or state parent training & information center can assist you. http://www.parentcenterhub.org/find-your-center/