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

Introduction

Parents of children with disabilities often ask:

Can the school send my child home before the end of the school day?
Can the school suspend my child?
Can the school expel my child?
What happens to my child’s educational services if they are sent home, suspended, or expelled?
What if I have concerns that the school is not following the required procedures in disciplining my child?

School discipline can be complicated. This interactive guide is intended to provide you with helpful, general information about two important laws that public school districts and charter schools in Minnesota are required to follow in the use of discipline: the state law known as the Pupil Fair Dismissal Act (PFDA)* and the federal law known as the Individuals with Disabilities Education Act (IDEA).*

All Minnesota public school students, including charter school students, have protections in disciplinary situations under the PFDA. If your child has an Individualized Education Program (IEP), additional protections in disciplinary situations may also be available to them under IDEA, given certain conditions.

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PACER Center is not a legal services agency and does not provide legal advice or legal representation. The content of this interactive guide is for informational and educational purposes only, is not legal advice, and should not be used as a substitute for legal advice.

* - definitions

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

School Discipline Guide

Table of Contents

Introduction

Parents of children with disabilities often ask: