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 NOT 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 your child’s behavior.3
If the IEP team reaches 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 did NOT involve a weapon, illegal drugs, or serious bodily injury to another person, the school must return your child to the school and program where they were placed before their suspension.5 However, if you have concerns that your child’s current IEP is not providing them with the supports and services they need to successfully participate in their education and make progress on their IEP goals, or concerns that your child’s current placement is not meeting their needs, you could discuss with the IEP team whether changes should be made to your child's IEP or if a change of placement should be considered for your child.6
IDEA Regulations
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).
4 - 34 C.F.R. § 300.530(e)(3).
5 - 34 C.F.R. § 300.530(f)(2).
6 - 34 C.F.R. § 300.530(f)(2).
This resource is made possible with funding from the Minnesota Department of Education.