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
Conduct DID involve a weapon, illegal drugs, or serious bodily injury
Next steps:
The school may carry out disciplinary procedures for your child in the same manner and for the same amount of time that would apply to students without disabilities.1
Because your child’s conduct involved a weapon, illegal drugs, or serious bodily injury to another person, this triggers special circumstances under IDEA* where the school may remove your child to an interim alternative educational setting* for up to 45 school days.2
However, the school remains responsible for providing your child with a Free Appropriate Public Education (FAPE)* so that they can continue participating in the general education curriculum and make progress toward meeting their IEP goals.3As the parent on the IEP team, you have input when deciding:
- What is an appropriate interim alternative educational setting for your child. It is the responsibility of the IEP team to decide on a setting that provides your child with the type and intensity of services that will meet their individual needs.4
- If changes should be made to your child's current IEP and Behavioral Intervention Plan (BIP).* For example, the IEP team may decide to add 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.5
- Whether the school should conduct a Functional Behavioral Assessment (FBA)*to better understand your child’s behavioral needs. After completing an FBA, the IEP team may decide to develop a BIP for your child or update their current BIP to address the behavior which resulted in their suspension, so that it does not happen again.6
Because placing your child in an interim alternative educational setting for up to 45 school days is a change of placement, the school is required to provide you with a Prior Written Notice (PWN)* to propose this change of placement.7
IDEA Regulations and the United States Code
1 - 34 C.F.R. § 300.530(c).
2 - 34 C.F.R. § 300.530(g).
3 - 34 C.F.R § 300.530(d)(1)(i).
4 - 34 C.F.R. § 300.531.
5 - 34 C.F.R. § 300.324(a)(2)(i)
6 - 34 C.F.R § 300.530(d)(1)(ii).
7 - 34 C.F.R. § 300.503(a).
This resource is made possible with funding from the Minnesota Department of Education.