Appellants expressed concern with the pattern of suspensions being used with Damian, an IEP that they assert was not being followed, and their belief that Damian was being disciplined without any consideration of his disability. Appellants wanted Damian return to the Mason City High School. Ongoing concerns regarding safety if Damian returned to the high school were expressed the the associate principal and school social worker.

As noted in the regulations implementing the amendments to the IDEA, school sdistricts are permitted to use disciplinary option of school suspension as long as such suspensions do not lead to a change in placement. Records submitted by the District do not appear that the suspensions that have been applied with Damian reach the threshold of a change of placement or constitute a pattern of suspension that have impacted the provision of a FAPE for Damian.

Damian will remain in the current educational setting until the IEP meeting is held and ending no later than February 14, 2003, to allow for any planning associated with Damian's movement into a program option that would be determined as appropriate by the IEP team.

Despite the finding the Damian has not been subjected to a series of suspensions wrongfully imposed by school officials, it is apparent that he has missed a significant amount of school over the past three years because of disciplinary incidents. The IEP team was instructed to give careful consideration to the need for extended year or extended day programming required in order for Damian to continue to receive a FAPE.