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

Manifestation determination meeting required

Parents need to know:

A manifestation determination meeting* with you and relevant members of your child’s IEP team must be held within 10 school days.¹

You and the school decide together which members of your child’s IEP team should attend their manifestation determination meeting.²

At this meeting, the IEP team must review all the information in your child’s educational records that may relate to your child’s conduct which resulted in their suspension,³ which may include:

Your child’s current IEP* and Behavioral Intervention Plan (BIP)*
Their most recent Evaluation Report and Functional Behavioral Assessment (FBA)*
Progress reports
Teacher observations
Any information from you that could be relevant, such as a recent diagnostic assessment from an outside clinic or a letter from your child’s private therapist

At your child’s manifestation determination meeting, the IEP team must answer these two questions:⁴

Was your child’s conduct which resulted in their discipline caused by, or did it have a direct and substantial relationship to, their disability?
Was your child’s conduct the direct result of the school’s failure to implement their IEP?

Next steps:

Parents sometimes feel intimidated when they receive an invitation to a manifestation determination meeting. Reach out to your child’s IEP case manager to talk through any questions you may have and to get support to prepare, so that you feel confident participating in this important meeting for your child. You can also contact a PACER advocate.

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IDEA Regulations
1 - 34 C.F.R. § 300.530(e).
2 - 34 C.F.R. § 300.530(e)(1).
3 - 34 C.F.R. § 300.530(e)(1).
4 - 34 C.F.R. § 300.530(e)(1).

* - definitions

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

School Discipline Guide

Table of Contents

Manifestation determination meeting required

Parents need to know:

Next steps: