School Discipline Guide
Minnesota Students with Disabilities - Parent Information
Table of Contents
- 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
- 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
- 25 – Expulsion or exclusion
- 35 – Concerns about the school not following required discipline procedures
- 3 – On IEP and the discipline is?
- 36 – Conclusion
- Definitions
Restraint or removal from school by a peace officer
Parents need to know:
As long as a student who has an IEP* does not pose a threat of harm to themself or others, school staff should first implement the behavioral interventions in their IEP before calling law enforcement, including peace officers and school resource officers.* This is an important way that the school fulfills its responsibility to provide students with disabilities with a Free Appropriate Public Education (FAPE).*1
- If you have concerns that the behavioral interventions in your child’s IEP were not implemented before a peace officer or a school resource officer was called by a school administrator or school staff person and asked to restrain or remove your child from a classroom, the school building, or school grounds, you may request an IEP team meeting to discuss your concerns.2
- If your child is restrained or removed from a classroom, the school building, or school grounds by a peace officer or a school resource officer at the request of a school administrator or school staff person during the school day two times over a period of 30 calendar days, your child’s IEP team is required to meet and determine if your child’s IEP is adequate or if your child may need additional evaluation.3
IDEA* does not prohibit a school district from reporting a crime committed by a child with a disability to the appropriate authorities. In this situation, the school district must ensure that copies of the child's special education and disciplinary records are sent to the appropriate authorities for consideration, but only to the extent that the transmission of these records is permitted by the Family Educational Rights and Privacy Act (FERPA).4
Next steps:
Whether the IEP team meeting is requested by you or required, it is an opportunity to review your child's current IEP and Behavioral Intervention Plan (BIP)* and decide if they are meeting your child's needs. If not, you’ll discuss with the team what changes should be made to their IEP and BIP. For example, adding more effective positive behavioral interventions, supports, and other strategies to address the behavior that has gotten in the way of your child’s own learning or the learning of others and resulted in your child’s restraint and/or removals by a peace officer.5
If your child does not have a BIP, this meeting is also an opportunity to talk with your child’s IEP team about whether the school should conduct a Functional Behavioral Assessment (FBA)* to better understand your child’s behavioral needs and then possibly develop a BIP for your child.
To help you prepare for this IEP team meeting, you could talk with your child’s IEP case manager and gather specifics about the situations where law enforcement was involved, information about what your child is struggling with at school, and ideas for supporting your child in new ways to ensure that their needs are met. You could also contact a PACER advocate.
Minnesota Statutes, IDEA Regulations, and FERPA Regulations
1 - 34 C.F.R. § 300.17.
2 - 34 C.F.R § 300.324(a)(2)(i).
3 - Minn Stat. § 121A.67.
4 - 34 C.F.R. § 300.535; 34 C.F.R. § 99.
5 - 34 C.F.R. § 300.324(a)(2)(i).
This resource is made possible with funding from the Minnesota Department of Education.