School Discipline Guide

Minnesota Students with Disabilities - Parent Information

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

In-school suspension

Parents need to know:

The school may impose an in-school suspension* on your child as a disciplinary measure and not count it as a disciplinary removal* if the school ensures that during your child’s in-school suspension they are given the opportunity to do ALL of the following:

Appropriately participate in the general education curriculum
Continue receiving the special education services written in their current IEP*
Continue participating with non-disabled students to the extent they usually would in their current placement¹

For example, if during the time of the school day that your child serves their in-school suspension they would be attending regular education classes, then the school does not need to count it as a disciplinary removal as long as your child is assigned to an in-school suspension room with non-disabled students and your child is provided the accommodations on their IEP to support their participation in any general education activities assigned to them during their in-school suspension.

Or, if during the time of the school day that your child serves their in-school suspension they would be receiving special education services on their IEP, then the school does not need to count it as a disciplinary removal if your child is provided those IEP services while serving their in-school suspension.

If all three conditions listed above were met during your child’s in-school suspension:

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On the other hand, even if your child remains in the school building, your child’s in-school suspension counts as a partial or full day of disciplinary removal if your child is NOT given the opportunity to:

Appropriately participate in the general education curriculum
Continue receiving the special education services written in their current IEP
Continue participating with non-disabled students to the extent they would have in their current placement²

Next steps:

Behavior is a form of communication. If you have concerns about what your child is communicating through the behaviors that led to getting in-school suspension, you may request an IEP team meeting at any time to discuss your concerns and possible ways that your child’s behavioral struggles could be addressed on their IEP.³ If you have questions about whether your child’s in-school suspension counts as a partial or full day of disciplinary removal, talk with your child’s IEP case manager or contact a PACER advocate.

It’s also important to keep track of how many days this school year your child has been issued an in-school suspension which counts as a partial or full day of disciplinary removal PLUS any other days of out-of-school suspension your child has been issued. If you’re not sure what that number is, you could reach out to your child’s IEP case manager for support or contact a PACER advocate.

If the total number has NOT yet reached more than 10 school days this school year:

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If the total number HAS reached more than 10 school days this school year:

The school must determine whether your child has been subjected to a pattern of removals that constitute a disciplinary change of placement* by considering:

If the behavior of your child which resulted in the most recent suspension is very similar to your child’s behavior which resulted in previous suspensions in the current school year
Other factors such as the length of each suspension, the total amount of time your child has been suspended, and how close the suspensions are to each other in time⁴

If the school DOES determine that your child has been subjected to a series of removals that constitute a disciplinary change of placement, then a manifestation determination meeting* with you and relevant members of your child’s IEP team must be held within 10 school days of making this determination.⁵

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If the school determines that your child has NOT been subjected to a series of removals that constitute a disciplinary change of placement, then relevant members of your child’s IEP team, including at least one of their teachers, must meet as soon as possible but no more than 10 days after the 10th cumulative day of suspension for this school year.⁶

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Minnesota Statutes
1 - Minn. Stat. § 121A.43(b).
2 - Minn. Stat. § 121A.43(b).
3 - 34 C.F.R. § 300.324(b).
4 - 34 C.F.R. § 300.536(a)(2).
5 - 34 C.F.R. § 300.530(e).
6 - Minn. Stat. § 121A.43(a).

* - definitions

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