Superintendent's Memo #005-09

State seal, Commonwealth of Virginia

Department of Education

January 9, 2009
TO: Division Superintendents
FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Data to be Reported for Out-of-School Suspension and Expulsion for Students with Disabilities

Under the provisions of Part B of the Individuals With Disabilities Education Act (IDEA), states are required to report data to the U.S. Department of Education on students with disabilities who receive in-school suspensions, out-of-school suspensions, and expulsions.

The purpose of this memo is to provide information to school divisions on how to report data for students with disabilities who receive out-of-school suspensions or expulsions starting January 1, 2009.

The primary change in the data reporting requirements is that out-of-school suspensions and expulsions must be reported even when special education services continue to be provided. Any sanctions imposed on students with disabilities must be reported in the following circumstances:

The following is the only circumstance in which a school division would not report sanctions for out-of-school suspensions or expulsions:

Divisions will be required to maintain data on sanctions for out-of-school suspensions and expulsions in accordance with the above directions starting January 1, 2009. School divisions will be required to report these data for the 2008-2009 DCV data collection. The "Comprehensive User Guide for Discipline, Crime and Violence Data Collection" will be updated accordingly to provide direction to school divisions on data which must be maintained and reported.

If you have any questions on this information or need assistance with the reporting requirements for students with disabilities, please contact Mr. Paul J. Raskopf at or at 804-225-2080.