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

NO to both questions

Parents need to know:

If at your child’s manifestation determination meeting you disagreed with the school answering NO to both of these questions, and from your perspective at least one of the following is true:

Your child’s conduct was caused by or directly related to their disability
Your child’s conduct was a direct result of the school’s failure to implement their IEP

Then following your child’s manifestation determination meeting:

The school must provide you with a Prior Written Notice (PWN)*¹to document their determination of the answers to the two questions listed above.

When you receive the PWN, you have a few options to try to resolve your disagreement with the school’s determination, including:

Objecting in writing to the PWN within 14 calendar days and requesting a conciliation conference*²or mediation*³
Filing a special education State complaint*⁴
Filing a due process complaint and requesting a due process hearing.*⁵ A request for a hearing regarding a disciplinary matter may be expedited⁶

If you have questions about the different options that you have for working through your disagreement with the school about your child's manifestation determination, reach out to your child’s IEP case manager for more information or contact a PACER advocate.

Next steps:

If your child’s conduct DID involve one of the following:

Carrying a weapon to or possessing a weapon* at school, on school premises, or to or at a school function⁷
Knowingly possessing or using illegal drugs* or selling or soliciting the sale of a controlled substance at school, on school premises, or at a school function⁸
Inflicting serious bodily injury* on another person at school, on school premises, or at a school function⁹

Continue here >>>

If your child’s conduct did NOT involve a weapon, illegal drugs, or serious bodily injury to another person:

Continue here >>>

Minnesota Statutes, IDEA Regulations, and the United States Code
1 - 34 C.F.R. § 300.503; Minn. Stat. § 125A.091, subd. 3a.
2 - Minn. Stat. § 125A.091, subd. 7.
3 - Minn. Stat. § 125A.091, subd. 9.
4 - Minn. Stat. § 125A.092.
5 - Minn. Stat. § 125A.091, subd. 12.
6 - Minn. Stat. § 125A.091, subd. 19.
7 - 34 C.F.R. § 300.530(i)(4); 18 U.S.C. § 930(g)(2).
8 - 34 C.F.R. § 300.530(i)(1); 34 C.F.R. § 300.530(i)(2); 21 U.S.C. § 812(c).
9 - 34 C.F.R. § 300.530(i)(3); 18 U.S.C. § 1365(h)(3).

* - definitions

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