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 expedited.*⁶

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:

The school can now initiate the expulsion* or exclusion* of your child.⁷

The school is required to follow the expulsion or exclusion procedures under the PFDA.*⁸ While carrying out these procedures, the school remains responsible for providing your child with a Free Appropriate Public Education (FAPE)* and the services they need to continue participating in the general education curriculum, although in another setting, and make progress toward meeting their IEP goals.⁹ These services are determined by your child’s IEP team.¹⁰

For more information about these procedures and requirements:

Continue here >>>

Under the PFDA, you have the right to withdraw your child from the school district to avoid expulsion or exclusion proceedings.¹¹

For more information about this option:

Continue here >>>

Minnesota Statutes and IDEA Regulations
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(c).
8 - Minn. Stat. § 121A.47.
9 - 34 C.F.R. § 300.530(d)(1)(i).
10 - 34 C.F.R § 300.530(d)(5).
11 - Minn. Stat. § 121A.41, subd. 13.

* - definitions

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