School Discipline Guide

My child is currently on an IEP.*

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My child is currently on a 504 plan.*

If your child has a 504 plan, they are protected from discrimination based on disability under Section 504 of the Rehabilitation Act of 1973, the federal law which is often called “Section 504” for short. Under Section 504, schools are required to administer discipline for students with disabilities in a nondiscriminatory manner. 

In Minnesota’s PFDA,* the definition of “pupil with a disability” does not include students who have a 504 plan,¹ so the procedural protections in the PFDA that are available to “pupils with a disability” do not apply to your child. However, your child is entitled to all the procedural protections provided by the PFDA to nondisabled students.

If you have questions about protections related to discipline situations for your child under Section 504 and the PFDA, reach out to the 504 coordinator for your school or contact a PACER advocate.  

My child is not currently on an IEP or a 504 plan, but they do have a disability that affects their behavior in school.

OR

I suspect that my child has a disability that affects their behavior in school.

If your child has not yet been determined to be eligible for special education and related services on an IEP, but the school knew that your child was a student with a disability before they engaged in a behavior that violated a code of student conduct, then your child may have protections related to discipline situations under IDEA.*

Students with disabilities are protected from discrimination under Section 504 of the Rehabilitation Act of 1973, the federal law which is often called “Section 504” for short. Section 504 defines disability as a physical or mental impairment that substantially limits a major life activity. If your child has a disability based on this definition, then they are protected by the Section 504 requirement that schools administer discipline in a nondiscriminatory manner—even if they do not have a 504 plan.

If you have questions about protections related to discipline situations that your child may be entitled to under IDEA or Section 504 or concerns that your child should be evaluated to determine their eligibility for an IEP or 504 plan, reach out to your district's special education director through the Minnesota Department of Education’s online directory or contact a PACER advocate.

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* - definitions