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

IEP includes transportation

Parents need to know:

If the school provides alternative transportation services to your child on the days they are suspended from riding their assigned special education bus, then those days are NOT counted as disciplinary removals.*

If the school does not provide alternative transportation services to your child on the days that they are suspended from riding their assigned special education bus, then those days ARE counted as disciplinary removals.¹

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 suspended from the bus, you may request an IEP team meeting at any time to discuss your concerns and possible ways that your child’s behavioral struggles on the bus could be addressed on their IEP.²

It’s also important to keep track of how many days this school year your child has been suspended from the bus when those days count as disciplinary removals PLUS any other days of out-of-school suspension or other disciplinary removals 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:

Go to conclusion >>>

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 time³

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.⁴

Continue here >>>

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.⁵

Continue here >>>

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

* - definitions

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