Administrative Letter: Guidance for suspension, expulsion and modified schedules in public preschool programs

Administrative Letter: 12
Policy Code: JKD
To: Public School Administrators
From: Robert G. Hasson, Jr., Ed. D. Commissioner
Date: January 18, 2018
Subject: Guidance for suspension, expulsion and modified schedules in public preschool programs

This guidance is offered by the Maine Department of Education to clarify suspension, expulsion, and modified schedules as they apply to 4-year-olds attending public preschool programs.

Suspension, Expulsion, and Modified Schedules in General Education

Suspension for up to 10 days of 4-year-olds attending public preschool programs is permitted only in accordance with 20-A M.R.S. § 1001(9).

As with their K-12 counterparts, 4-year-olds attending public preschool may not be unenrolled nor asked not to return without being afforded the due process standard for expulsion in accordance with 20-A M.R.S. §1001(8-A).

Districts cannot unilaterally determine that a child attend on a modified schedule-e.g. reduced school day, reduced school week.  Parents must be involved in and agree to this decision and understand thoroughly the reasons for the request.

Suspension and Expulsion for Children with Disabilities

In accordance with Federal and State law, a child may not be excluded from enrollment in a public preschool program based solely on the presence of a disability.  Enrolled children who are referred to Child Development Services (CDS) based on program concerns regarding the child’s development or behavior must be considered a child with a disability and afforded the same rights as his/her K-12 counterparts until the child’s Individualized Education Program (IEP) team makes its determinations.

Please contact Sue Reed, Early Childhood Specialist at 624-6632 or or Jan Breton, State Director of Special Services, Birth – 20, 624-6676 with questions or comments about the guidance.