11th Day Rule
When a student with an IEP has been removed from school for more than 10 school days, both Kansas guidelines and federal laws indicate that the student is to continue to receive special education and related services. The informal term for this policy is "the 11th Day Rule."
The 11th Day Rule refers to the regulations in place that provide educational services for students with disabilities after being suspended from school for 11 or more school days.
It is important to note that students who are only identified as having giftedness do not enact the “11th Day Rule” procedures. Students who only have an IEP for gifted education receive no special education safeguards in this area. Those students must follow the general education guidelines for suspensions and expulsions.
Neither state nor federal laws provide guidance for when a student’s placement might be changed as a result of their behavior. However, both state and federal laws do require that a manifestation determination review meeting be conducted for a special education student who has been recommended for a long-term expulsion.
The “11th Day Rule” is an informal term given to refer to the services that must be provided once the child has reached his or her 11th day of out of school suspension. While a formal manifestation determination review meeting is not always required (unless a long-term suspension is requested), the relevant members of the student’s IEP team must meet to determine what special education services are required while the child is suspended beyond the 10th day. These special education and related services must allow the child to continue to participate in the general education curriculum, and make progress towards meeting the student’s IEP goals. The special education and related services that are provided after the “11th Day Rule” takes effect do not need to exactly mirror those services that were provided to the student prior to the suspension.
Students may be counted as truant if they do not attend “school” during their agreed upon service times. Regardless of if the student attends a school building (which is often not allowed during a long-term expulsion), if child’s IEP outlines that the student is to receive special education and related services, the student must be present to receive those services. The 11th Day Rule provides FAPE to children with disabilities during a regular school day, and thus students are legally required to attend these educational settings to receive these services.
At least two court cases helped to define our current interpretation of the “11th Day Rule”. Both the Community Consolidated School District vs. John F., and Honig vs. DOE court cases shed light on guidance onto the importance of providing FAPE to students who are disabled and suspended beyond 10 school days.
I have attached a short presentation that outlines the "11th Day Rule" and the process of holding a Manifestation Determination Review.