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
Appealing a school board expulsion or exclusion decision
Next steps:
You have the right to file an appeal of the school board decision to expel or exclude your child to the commissioner of education by submitting a written request for an appeal to the Minnesota Department of Education (MDE) within 21 calendar days of the school board decision.1
- A Request for Expulsion or Exclusion Appeal form is posted on the MDE website.
The school board’s decision to expel or exclude your child must be implemented during your appeal.2
- Within five days of receiving notice of your appeal, the school district must provide the commissioner and you with a complete copy of the expulsion or exclusion hearing record.
- Within 10 days of receiving the hearing record, you must submit anything in writing that you want to be considered as part of your appeal to the commissioner and the school district.
- Within 10 days of receiving what you have submitted in writing, the school district must submit their response in writing to the commissioner and you.
- Within 30 calendar days of receiving the hearing record and any written submissions from you and the school district, the commissioner or their representative will issue a final decision on your appeal.
- The commissioner may affirm the school board’s decision, remand the school board’s decision for additional findings, or reverse or modify the school board’s decision.
If you disagree with the final decision of the commissioner of education, you may file for a judicial review of the decision with the Minnesota Court of Appeals within 30 days of receiving the commissioner's decision.3The commissioner’s decision is final and binding upon the parties after the time for appeal expires.4
- If you do file for a judicial review, the commissioner’s decision is stayed pending the court’s final decision.5
- The court may affirm the commissioner’s decision, remand the case for further proceedings, or reverse or modify the commissioner’s decision.6
Minnesota Statutes
1 - Minn. Stat. § 121A.49.
2 - Minn. Stat. § 121A.49.
3 - Minn. Stat. § 121A.50. Minn. Stat. § 14.63.
4 - Minn. Stat. § 121A.49.
5 - Minn. Stat. § 121A.50.
6 - Minn. Stat. § 14.69.
This resource is made possible with funding from the Minnesota Department of Education.