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

School board decision is to expel or exclude your child from the district

Parents need to know:

If your child is expelled, this means the school board of the district where your child is currently enrolled has decided to prohibit your child from attending a school in the district for up to 12 months from the date of their expulsion.¹

If your child is excluded, this means the school board has decided to prevent your child from enrolling or reenrolling at a school in the district for a time not to extend beyond the end of the current school year.²

The school remains responsible for continuing to provide your child with a Free Appropriate Public Education (FAPE),* including special education and related services, until your child is enrolled in a new district or until their expulsion or exclusion ends.³ This responsibility to provide FAPE includes all of the following:

Enabling your child to continue participating in the general education curriculum, although in another setting, and make progress toward meeting their IEP goals⁴
If appropriate, conducting a Functional Behavioral Assessment (FBA)* and providing behavioral intervention services and modifications designed to address the behavior which resulted in your child’s expulsion or exclusion, so that it does not happen again⁵
Reviewing your child’s schoolwork and grades on a quarterly basis to ensure that they are on track for readmission to school and communicating with you on a regular basis to ensure that your child is completing the work assigned through their alternative educational services⁶
Continuing eligibility for school-based or school-linked mental health services, if your child was determined eligible for these services before their expulsion or exclusion. Also, the district must give you information about accessing mental health services, including any free or sliding fee providers of these services in the community, and this information must be posted on the district website.⁷

Next steps:

The IEP team determines what services are appropriate for your child and how they should be delivered to your child in an interim alternative educational setting* until they are enrolled in a new district or until their expulsion or exclusion ends.⁸As the parent on the IEP team, you have input into this important decision about how to continue meeting your child’s individual needs and enable them to continue participating in the general education curriculum and make progress toward meeting their IEP goals. Because providing your child with FAPE in an interim alternative educational setting is a change of placement, the school is required to provide you with a Prior Written Notice (PWN)* to propose this change of placement.⁹

Parents have a wide range of school choice in Minnesota. If you have questions about navigating your child’s enrollment options and understanding which district is responsible for providing your child with FAPE until their expulsion or exclusion ends, contact the Minnesota Department of Education Dispute Resolution Team at (651) 582-8689 or [email protected]. or contact a PACER advocate.

A school administrator is required to prepare and enforce a readmission or admission plan* for your child. The plan must include measures to improve your child’s behavior, such as a character education program, social and emotional learning, counseling, social work services, mental health services, and evidence-based academic interventions, and may indicate the consequences to your child of not improving their behavior.¹⁰

The plan must also include reasonable attempts to obtain your parental involvement in the readmission or admission process.¹¹
Because your child has an IEP,* you can involve their IEP team in supporting a successful readmission or admission process for your child.

If you accept the school board decision to expel or exclude your child:

Go to conclusion >>>

If you disagree with the school board decision to expel or exclude your child and you are seeking information about your appeal rights:

Continue here >>>

Minnesota Statutes and IDEA Regulations
1 - Minn. Stat. § 121A.41, subd.5.
2 - Minn. Stat. § 121A.41, subd.4.
3 - Minn. Stat. § 121A.43(d).
4 - 34 C.F.R. § 300.530(d)(1)(i).
5 - 34 C.F.R. § 300.530(d)(1)(ii).
6 - Minn. Stat. § 121A.55(d)(1).
7 - Minn. Stat. § 121A.55(d)(2); Minn. Stat. § 121A.55(d)(3).
8 - 34 C.F.R. § 300.530(d)(5); 34 C.F.R. § 300.531.
9 - 34 C.F.R. § 300.503(a).
10 - Minn. Stat. § 121A.47, subd. 14(a).
11 - Minn. Stat. § 121A.47, subd. 14(a).

* - definitions

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