School Discipline Guide

Minnesota Students with Disabilities - Parent Information

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1 – Introduction
2 – Begin the Discipline Guide
- 3 – On IEP and the discipline is?
  - 4 – Recess detention
  - 5 – Removal from class
  - 6 – Sent home before the end of the school day
  - 7 – Restraint or removal from school by a peace officer
  - 8 – In-school suspension
  - 9 – Suspension from the bus
    - 10 – IEP includes transportation
    - 11 – IEP does not include transportation
  - 12 – Out-of-school suspension
    - 13 – Up to five days
    - 14 – More than five days
    - 15 – More than 10 consecutive school days or more than 10 total school days for this school year
      - 16 – Manifestation determination meeting required
        
        17 – Manifestation determination meeting outcome
        
        18 – YES to at least one question
        
        19 – Conduct DID involve a weapon, illegal drugs, or serious bodily injury
        
        20 – Conduct did NOT involve a weapon, illegal drugs, or serious bodily injury
        
        21 – NO to both questions
        
        22 – Conduct DID involve a weapon, illegal drugs, or serious bodily injury
        
        23 – Conduct did NOT involve a weapon, illegal drugs, or serious bodily injury
      - 24 – NO manifestation determination meeting required
  - 25 – Expulsion or exclusion
    - 26 – Manifestation determination meeting outcome
      - 27 – YES to at least one question
        
        28 – Conduct DID involve a weapon, illegal drugs, or serious bodily injury
        
        29 – Conduct did NOT involve a weapon, illegal drugs, or serious bodily injury
      - 30 – NO to both questions
        
        31 – School board expulsion or exclusion hearing
        
        32 – School board decision is to expel or exclude your child from the district
        
        33 – Appealing a school board expulsion or exclusion decision
        
        34 – Withdrawing your child from the school district
  - 35 – Concerns about the school not following required discipline procedures
36 – Conclusion
Definitions

Recess detention

Parents need to know:

Minnesota Statutes prohibit schools from:

Withholding recess from your child based on incomplete schoolwork¹
Withholding or excessively delaying your child’s participation in scheduled mealtimes²

Minnesota Statutes only allow the use of recess detention under one of these conditions:

Your child causes or is likely to cause serious physical harm to other students or staff³
You specifically consent to the school using recess detention⁴
You determine with your child’s IEP team that withholding recess is appropriate for your child based on their individual needs⁵

Minnesota Statutes also require the school to:

Make a reasonable attempt to notify you within 24 hours of using recess detention⁶
Compile information on each recess detention at the end of each school year, including the student’s age, grade, gender, race or ethnicity, and special education status and make this information available to the public upon request⁷

Next steps:

Behavior is a form of communication. If you have received reports from the school that your child is experiencing behavioral struggles during recess, you could request an IEP team meeting to find out more about what your child is communicating with their behaviors at recess and discuss how their IEP* could address your child’s needs with appropriate supports so that they can fully participate and benefit from recess.⁸

To help you prepare for this IEP team meeting, you could reach out to your child’s IEP case manager and have a conversation about your concerns or contact a PACER advocate.

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Minnesota Statutes and IDEA Regulations
1 - Minn. Stat. § 121A.611(d).
2 - Minn. Stat. § 121A.611(g).
3 - Minn. Stat. § 121A.611(c)(1).
4 - Minn. Stat. § 121A.611(c)(2).
5 - Minn. Stat. § 121A.611(c)(3).
6 - Minn. Stat. § 121A.611(e).
7 - Minn. Stat. § 121A.611(f).
8 - 34 C.F.R. § 300.324(b).

* - definitions

This resource is made possible with funding from the Minnesota Department of Education.