The Office of Administrative Hearings has previously held that a district may suspend a child with a disability who violates a code of student conduct from his current placement for not more than 10 school days in the same manner and under the same conditions that it would suspend a nondisabled student. (34 C.F.R. § 300.530(d)(3)).
When a special education student is suspended for disciplinary reasons for more than 10 days, the suspension constitutes a change of placement. Relevant members of the IEP team must meet to determine whether the student's conduct was a manifestation of his disability. That determination must take place within 10 school days of the decision to change the placement.
The situation seems hopeless. Your child was suspended for a violation of CA Education Code Section 48900, most likely for 5 days. To make matters worse, you were called into a meeting with the principal and other school personnel, and you were told that your child is being recommended for expulsion from the school district. You were given a date where an expulsion hearing would take place, and told you could have someone there to represent you and your child, but really what can anyone do?