School Discipline Guide

504 plan:

A 504 plan, also called a Section 504 plan, is an individualized plan developed for a student with a disability that substantially limits one or more major life activities, who requires regular or special education and related aids and services so they can have an equal opportunity to access their education. For example, a 504 plan may include modifications of the school environment, health-related services, instructional supports, modified curriculum, homebound instruction, tutoring, a one-to-one aide, specialized instruction, a behavior intervention plan, specialized transportation, or a modified attendance policy.

Alternative educational services:

Under the Pupil Fair Dismissal Act (PFDA), some examples of alternative educational services are special tutoring, modified curriculum, modified instruction, other modifications or adaptations, instruction through electronic media, special education services, homebound instruction, supervised homework, or enrollment in an alternative learning center or in another school district. Alternative educational services must allow the student to make progress toward meeting graduation standards and help prepare them for their readmission back to school.

Behavioral Intervention Plan (BIP):

The Individuals with Disabilities Education Act (IDEA) requires the Individualized Education Program (IEP) team to consider using positive behavioral interventions and supports for a student whose behavior interferes with their own or other students’ learning. Developing a BIP is a proactive way to write a plan that is tailored to a student's unique educational needs and guides school staff in how to provide the student with appropriate behavior interventions and supports. Generally, a BIP is based on the findings from a student's most recent Functional Behavioral Assessment (FBA).

Conciliation conference:

Under Chapter 125A of the Minnesota Statutes, if parents disagree with a Prior Written Notice (PWN) from the school district, they can object in writing within the required deadline stated on the PWN and request a conciliation conference, which must be held within 10 calendar days from the date the school receives the parents’ written objection. At a conciliation conference, parents meet with appropriate district staff and work together to try to resolve their disagreement.

Disciplinary change of placement:

A disciplinary change of placement happens when the educational placement of a student with a disability is changed because they have violated a code of student conduct. Under the Individuals with Disabilities Education Act (IDEA), this could result from:

• A suspension for more than 10 consecutive school days
• A school district determination that a series of suspensions or other disciplinary removals totaling more than 10 cumulative school days in the same school year is a pattern of removals that should be considered a disciplinary change of placement
• A school district recommendation for expulsion or exclusion

A disciplinary change of placement requires the district to hold a manifestation determination meeting with the parent and relevant members of the student’s Individualized Education Program (IEP) team.

Disciplinary removal:

A disciplinary removal occurs when a student with an Individualized Education Program (IEP) is subject to a disciplinary action that takes away their opportunity to participate in the general education curriculum, receive the special education services written in their IEP, or participate with non-disabled students to the extent they usually would in their current placement. A disciplinary removal could be a suspension or an expulsion, but it could also be the student getting sent home early from school, an in-school suspension, or a suspension from special education transportation.

Dismissal:

Under the Pupil Fair Dismissal Act (PFDA), dismissal is defined as denying a student their current educational program by issuing them a suspension, expulsion, or exclusion. Each school board must establish uniform criteria for dismissal.

• For students in preschool, prekindergarten, and kindergarten through grade 3: They may not be subject to suspension under any circumstances. Expulsion and exclusion may be used if there is an ongoing serious safety threat to the child or others and nonexclusionary discipline resources have been exhausted. If a student is sent home from school for less than one school day as a disciplinary measure, this does not count as a suspension. For a student who has an Individualized Education Program (IEP), this counts as a disciplinary removal if the student does not continue to participate in the general education curriculum, receive the services on their IEP, and participate with nondisabled children to the same extent that they would in their current placement.
• For students in grade 4 and above: Dismissal does not include being removed from class. A dismissal of more than one school day is a suspension and requires the school to follow the suspension procedures under the PFDA. For a student who has an IEP, a dismissal of one school day or less counts as a disciplinary removal if the student does not continue to participate in the general education curriculum, receive the services on their IEP, and participate with nondisabled children to the same extent that they would in their current placement. 

Due process hearing:

Under the Individuals with Disabilities Education Act (IDEA) and Chapter 125A of the Minnesota Statutes, parents are entitled to an impartial due process hearing before an administrative law judge from the Minnesota Court of Administrative Hearings to resolve a dispute with the school district about their child’s identification as a child with a disability, their evaluation or educational placement, a manifestation determination, their interim alternative educational setting, or how the school is providing them with a Free Appropriate Public Education (FAPE). School districts are also entitled to an impartial due process hearing to resolve a dispute with a parent.

Exclusion:

Under the Pupil Fair Dismissal Act (PFDA), exclusion is a school board action that prevents a student from enrolling or reenrolling in the district for a time that is not to extend beyond the end of the current school year.

Students in preschool, prekindergarten, and kindergarten through grade 3 may not be subject to exclusion unless the school district has exhausted nonexclusionary discipline resources and only in circumstances where there is an ongoing serious safety threat to the child or others.

Expedited due process hearing:

Under the Individuals with Disabilities Education Act (IDEA) and Chapter 125A of the Minnesota Statutes, parents may request an expedited due process hearing before an administrative law judge from the Minnesota Court of Administrative Hearings when they disagree with a manifestation determination or a placement for their child following a disciplinary removal. A school district may request an expedited due process hearing when the district believes that maintaining a student’s current placement is substantially likely to result in injury to the student or to others.

Expulsion:

Under the Pupil Fair Dismissal Act (PFDA), expulsion is a school board action that prohibits an enrolled student from attending a school in the district for up to 12 months from the date they are expelled.

Students in preschool, prekindergarten, and kindergarten through grade 3 may not be subject to expulsion unless the school district has exhausted nonexclusionary discipline resources and only in circumstances where there is an ongoing serious safety threat to the child or others.

Free Appropriate Public Education (FAPE):

Students with disabilities have the same right to a K-12 public education as students without disabilities but may need an Individualized Education Program (IEP) so they can receive an education, benefit from it, and make progress. Or they may need a 504 plan so they can have equal access to educational opportunities. School districts may not charge parents any fees for developing or implementing an IEP or 504 plan for their child. The appropriateness of an IEP or 504 plan for a student is based on their IEP or 504 team designing a program or plan for them that meets their unique educational needs. The right to a FAPE is guaranteed to students with disabilities under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.

Functional Behavioral Assessment (FBA):

Under Chapter 3525 of the Minnesota Administrative Rules, an FBA is an evaluation that gathers information about a student struggling with problem behaviors at school and may be completed as a standalone evaluation or part of a comprehensive evaluation of their educational needs. An FBA:

• Describes specific problem behaviors of concern
• Identifies events, times, and situations that predict when the behaviors occur and don’t occur
• Identifies what maintains the behavior, possible functions of the behavior, and possible positive alternative behaviors

The goal of an FBA is to find an explanation for a student’s behavioral patterns and maximize the efficiency of the behavioral supports provided to them.

Individuals with Disabilities Education Act (IDEA):

In 1975, the United States Congress passed landmark civil rights legislation which opened the doors of public school to children with disabilities. Today we call this law IDEA. IDEA guarantees access for students with disabilities to receive a Free Appropriate Public Education (FAPE) and be educated alongside students without disabilities to the maximum extent appropriate and in the least restrictive environment, based on their individual needs. Every public school district and charter school in Minnesota is required to follow IDEA in providing early intervention and special education and related services to eligible infants, children, youth, and young adults with disabilities through 21 years of age.

Illegal drugs:

Under the Individuals with Disabilities Education Act (IDEA), an illegal drug is a controlled substance, which is a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the United States Controlled Substances Act. However, a controlled substance that is legally possessed or used under the supervision of a licensed healthcare professional, or that is legally possessed or used under any other authority under the U.S. Controlled Substances Act or under any other provision of federal law, is not considered an illegal drug under IDEA. Under Minnesota law, distilled spirits, wine, malt beverages, intoxicating liquors, and tobacco are not controlled substances.

Individualized Education Program (IEP):

Under the Individuals with Disabilities Education Act (IDEA), an IEP is a written plan that outlines the Individualized Education Program developed to meet the needs of a student who has been evaluated and found eligible for special education and related services under one of the 13 disability categories identified in Chapter 3525 of the Minnesota Administrative Rules.

Informal administrative conference:

Under the Pupil Fair Dismissal Act (PFDA), before suspending a student, the school administration is required to hold an informal administrative conference with the student where they are notified of the grounds for their suspension and given an explanation of the evidence school authorities have. The student may also present their version of the facts. If it appears that the student will create an immediate and substantial danger to themselves or to people or property around them, the conference will be held as soon as practicable after the suspension. 

In-school suspension:

In-school suspension is when a student is temporarily removed from class for at least half a day for disciplinary purposes and is directly supervised by school staff in the same physical location. For a student who has an Individualized Education Program (IEP), an in-school suspension counts as a disciplinary removal unless the school district follows these requirements:

• Give them the opportunity to appropriately participate in the general education curriculum
• Provide them with the services in their IEP
• Give them the opportunity to participate with non-disabled peers to the same extent they would in their current placement

If these requirements are not followed, then the in-school suspension counts as a day or partial day of disciplinary removal and may be part of a pattern of removals that constitute a disciplinary change of placement under the Individuals with Disabilities Education Act (IDEA).

Interim alternative educational setting:

Under the Individuals with Disabilities Education Act (IDEA), a student with a disability who violates a code of conduct may be placed in an appropriate interim alternative educational setting where they can continue participating in the general education curriculum and continue making progress toward meeting the annual goals in their Individualized Education Program (IEP). For example:

• Under special circumstances, based on an incident at school involving a weapon, illegal drugs, or serious bodily injury to another person, the student may be placed in an interim alternative educational setting for up to 45 school days.
• If the school board issues a written decision to expel or exclude the student, they may be placed in an interim alternative educational setting until they are enrolled in a new district or until their expulsion or exclusion ends.

In any case, the IEP team decides what is an appropriate interim alternative educational setting and what type and intensity of services the student should receive in this setting based on their individual needs. A Functional Behavioral Assessment (FBA) may be conducted, and behavioral intervention services and modifications may be provided to the student in this setting to address the behavior violation so that it does not happen again.

Manifestation determination meeting:

Under the Individuals with Disabilities Education Act (IDEA), the Individualized Education Program (IEP) team must hold a manifestation determination meeting within 10 school days of the school district deciding to change the placement of a student who has an IEP because they violated a code of student conduct. The district and parents decide which relevant members of the IEP team should attend. At the manifestation determination meeting, the IEP team reviews information in the student’s file—including their IEP, teacher observations, and relevant information provided by their parents—to help answer these questions:

• Was the student’s conduct caused by or have a direct and substantial relationship to their disability?
• Was the student’s conduct the direct result of the school district’s failure to implement their IEP?

If the IEP team reaches a consensus that the answer to either or both questions is YES, then the student’s conduct is determined to be a manifestation of their disability and they are protected from expulsion or exclusion proceedings.

Mediation:

Under the Individuals with Disabilities Education Act (IDEA) and Chapter 125A of the Minnesota Statutes, a mediation is a meeting where the Minnesota Department of Education (MDE) provides a neutral, third-party mediator to help a parent and a school district resolve a dispute over a student’s identification as a child with a disability, their evaluation or educational placement, a manifestation determination, their interim alternative educational setting, or how the district is providing them with a Free Appropriate Public Education (FAPE). Either the parent or the district may file a request with MDE for mediation, and participation is voluntary for both. MDE does not charge a fee to the parent or the district for the services of the mediator.

Mental health screening:

Under the Pupil Fair Dismissal Act (PFDA), if a student is removed from school for more than 10 cumulative school days in the same school year, the school district must make reasonable attempts to meet with the student and their parent and try to determine the student’s need for assessment or other services, or whether the parent should have their child assessed or diagnosed to determine if the student needs mental health treatment. With the permission of the parent, the district may arrange for a mental health screening for the student but is not required to pay for it.

Nonexclusionary discipline:

Under the Pupil Fair Dismissal Act (PFDA), nonexclusionary discipline refers to policies and practices that are alternatives to dismissing a student from school. Examples include evidence-based positive behavior interventions and supports, social and emotional services, school-linked mental health services, counseling services, social work services, academic screening for Title 1 services or reading interventions, and alternative education services. For students in preschool, prekindergarten, and kindergarten through grade 3, nonexclusionary discipline resources must be exhausted before expelling or excluding a student and must include at least one of the following:

• Collaboration with the child's family or guardian, child mental health consultant or provider, education specialist, or other community-based support
• A plan written with the parent or guardian that details the action and support needed for the child to fully participate in their current educational program
• A referral for support services, such as parenting education, home visits, other supportive education interventions, or an evaluation of the child's potential eligibility for an Individualized Education Program (IEP) or 504 plan if appropriate

Out-of-school suspension:

Under the Pupil Fair Dismissal Act (PFDA), an out-of-school suspension is when the school district prohibits a student from attending school and denies them their current educational program for more than one and up to 10 school days. If a student who has an Individualized Education Program (IEP) is dismissed from school for one day or less and does not receive regular or special education instruction during that time, it counts as a day or a partial day of disciplinary removal. The district may not impose consecutive suspensions against the same student for the same course of conduct or incident of misconduct unless the student will create an immediate and substantial danger to themselves or to people or property around them OR the district is in the process of initiating an expulsion, in which case the suspension may be extended to a total of 15 school days.

Students in preschool, prekindergarten, and kindergarten through grade 3 may not be subject to out-of-school suspension under any circumstances.

Peace officer:

Under Chapter 626 of the Minnesota Statutes, a peace officer is an employee or an elected or appointed official of a political subdivision or law enforcement agency and licensed by the Minnesota Board of Peace Officer Standards and Training. They are charged with the prevention and detection of crime and the enforcement of the general criminal laws of the state and have the full power of arrest. A school resource officer is a peace officer assigned to work in an elementary, middle, or secondary school during the regular instructional school day through the terms of a contract between their employer and the designated school district or charter school.

Prior Written Notice (PWN):

Under the Individuals with Disabilities Education Act (IDEA), when a school district proposes or refuses to initiate or change a student’s identification as a child with a disability, their evaluation or educational placement, or how the district is providing the student with a Free Appropriate Public Education (FAPE), the district must provide the parents of the student with a PWN. The PWN gives parents important information about the action that the district is proposing or refusing to take, the parents’ right to consent or object to this action, and the deadline for parents to object in writing to the district’s proposal or refusal.

Procedural safeguards:

The procedural safeguards are a written notice of the rights that parents of children with disabilities have under the Individuals with Disabilities Education Act (IDEA). The school district must give parents a copy of their procedural safeguards at least once each school year, and:

• When parents request an evaluation or their child is referred for an evaluation
• The first time in a school year that parents file a special education complaint
• The first time in a school year that parents file a due process complaint
• On the same day the district decides to change the placement of a child with a disability because of a violation of a code of student conduct
• When parents request a copy of their procedural safeguards

Pupil Fair Dismissal Act (PFDA):

The PFDA is a Minnesota law that provides due process protections to all Minnesota public school students and charter school students when involved in a situation that may result in their discipline. The PFDA sets out the procedures that public schools and charter schools must follow when suspending, expelling, or excluding a student from school. School districts must provide the student and their parents with a copy of the PFDA when taking action to suspend, expel, or exclude a student.

Pupil withdrawal agreement:

Under the Pupil Fair Dismissal Act (PFDA), a pupil withdrawal agreement is a verbal or written agreement between a school administrator or district administrator and a student's parent to withdraw a student from the school district to avoid expulsion or exclusion proceedings. The duration of the pupil withdrawal agreement cannot be for more than 12 months.

Readmission plan:

Under the Pupil Fair Dismissal Act (PFDA):

• When a student is suspended: The school district may include a readmission plan on the written notice of the grounds for their suspension. The district may not use a student's readmission plan to extend their suspension. The plan should include, if appropriate, a way to provide the student with alternative educational services when they return to school.
• When a student is expelled or excluded: A school administrator must prepare and enforce a readmission or admission plan for the student. The plan must include measures to improve the student's behavior, such as completing a character education program, social and emotional learning, counseling, social work services, mental health services, referral for a special education or 504 evaluation, and evidence-based academic interventions. It may also detail consequences for the student if they do not improve their behavior. The plan must include reasonable attempts to get parents involved in the readmission or admission process.
• When a student is suspended, expelled or excluded: The school district must not obligate a parent to give their child a stimulant medication or a psychotropic medication as a condition for their child to be readmitted to school. School officials must not use a parent’s refusal to consent to the administration of psychotropic drugs to their child or a psychiatric evaluation, screening, or examination of their child as the only grounds for prohibiting the student from attending class or participating in a school-related activity, or as a basis for a charge of child abuse, child neglect, or medical or educational neglect.

Removal from class:

Under Chapter 121A of the Minnesota Statutes, removal from class includes any actions taken by a teacher, principal, or other school employee to prohibit a student from attending a class for not more than five class periods. The school district discipline policy must establish the grounds for removing a student from class and detailed procedures related to this action, including notifying and meeting with a student’s parent to discuss the problem that is causing them to be removed from class after school staff have taken this action more than 10 times in the same school year.

School resource officer:

Under Chapter 626 of the Minnesota Statutes, a school resource officer is a peace officer assigned to work in an elementary, middle, or secondary school during the regular instructional school day through the terms of a contract between their employer and the designated school district or charter school. A peace officer is an employee or an elected or appointed official of a political subdivision or law enforcement agency and licensed by the Minnesota Board of Peace Officer Standards and Training. They are charged with the prevention and detection of crime and the enforcement of the general criminal laws of the state and have the full power of arrest.

Serious bodily injury:

The Individuals with Disabilities Education Act (IDEA) uses the definition of “serious bodily injury” from the United States Code, Title 18, section 1365, subsection (h), paragraph (3):

• A bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or the protracted loss or impairment of the function of a bodily member, organ, or mental faculty

Special education complaint:

Under the Individuals with Disabilities Education Act (IDEA) and Chapter 125A of the Minnesota Statutes, parents may file a special education complaint against the school district based on a concern that the district may have violated federal or state special education law. For example, parents may file a special education complaint based on concerns that the district did not provide positive behavioral supports and interventions to address their child’s problem behaviors or concerns that the district did not hold a manifestation determination meeting or conduct a Functional Behavioral Assessment (FBA) for their child when they were required to do so.

Tennessen warning:

Private or confidential data about students is protected by federal law under the Family Educational Rights and Privacy Act, as well as by state law. Under Chapter 13 of the Minnesota Statutes, if an individual is asked to supply private or confidential data concerning themselves, they must be issued a Tennessen warning.

• A Tennessen warning may be given verbally or in writing, but it must be given to the individual before they are questioned. 

When a school administrator asks a student to supply private or confidential data about an incident involving themselves or other student(s), they must give the student a Tennessen warning. They must inform the student about:

• The purpose and intended use of the data
• Whether the student may refuse or is legally required to supply the data
• Any known consequence of supplying or refusing to supply the data
• The identity of other people or entities who are authorized by state or federal law to receive the data

The Tennessen warning requirement does not apply when a law enforcement officer asks an individual, including a student, to supply investigative data.

Weapon:

Under the Individuals with Disabilities Education Act (IDEA), a weapon has the meaning that is given the term “dangerous weapon” in the United States Code, Title 18, section 930, subsection (g), paragraph (2):

• A weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury 
• A pocket knife with a blade of less than 2½ inches in length is not considered a dangerous weapon