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 cannot expel or exclude your child.1
If the school has not conducted a Functional Behavioral Assessment (FBA)* for your child before, the IEP team must conduct one now and develop and implement a Behavioral Intervention Plan (BIP)* for your child.2
- If an FBA has already been conducted, but you have concerns that it no longer completely or accurately describes your child’s behavioral needs, you could discuss with the IEP team whether a new FBA should be conducted.
- If a BIP has already been developed and is already being implemented for your child, then the IEP team must review the BIP and make any changes necessary to address the behavior which resulted in your child’s discipline, so that it does not happen again.3
If the IEP team reaches an agreement that your child’s conduct was the direct result of the school’s failure to implement their IEP, the school district must take immediate steps to remedy the deficiencies that led to this failure.4
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.5
- The IEP team decides what would be an appropriate interim alternative educational setting for your child depending on many factors, including your child’s individual needs and the type and intensity of services they need to continue participating in the general education curriculum and make progress toward meeting their IEP goals. As the parent on the IEP team, you have input into the decision about what is an appropriate interim alternative educational setting for your child.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(f)(2).
2 - 34 C.F.R. § 300.530(f)(1)(i).
3 - 34 C.F.R. § 300.530(f)(1)(ii); 34 C.F.R. § 300.530(d)(1)(ii).
4 - 34 C.F.R. § 300.530(e)(3).
5 - 34 C.F.R. § 300.530(g).
6 - 34 C.F.R. § 300.531.
7 - 34 C.F.R. § 300.503(a).
This resource is made possible with funding from the Minnesota Department of Education.