Santa Rosa, CA asked in Civil Rights and Education Law for California

Q: If a child gets suspended on Monday and their suspension is 5 days but there's no school on friday.

If a child gets suspended on Monday and their suspension is 5 days but

there's no school on friday. Will the child return to school on Monday or on Tuesday?

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if a student is suspended for a specified number of school days, the suspension applies only to days when school is in session. If there is no school on a particular day during the suspension period, such as a holiday or a staff development day, that day does not count towards the suspension.

Given the scenario you provided, if the child is suspended for 5 days starting on Monday, and there is no school on Friday, the suspension will carry over to the following week. The child will be able to return to school on the next school day after the 5th day of suspension has been served.

Therefore, the child will return to school on Tuesday, not Monday. The suspension days would be as follows:

1. Monday (Day 1)

2. Tuesday (Day 2)

3. Wednesday (Day 3)

4. Thursday (Day 4)

5. Monday of the following week (Day 5)

The child would then be permitted to return to school on Tuesday of the following week.

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