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School Discipline of Minnesota Students with Disabilities - Parent Information

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My Child Is on an IEP

The Discipline is:

an out-of-school suspension* for fewer than five school days, and total out-of-school suspensions do not exceed 10 days for this school year.

Response:

There are no special restrictions applicable to students with disabilities on out-of-school suspensions or bus suspensions of fewer than five school days, as long as they don’t exceed 10 school days per school year. However, all students facing even short term suspensions are entitled to due process protections. These can be found in the Minnesota Pupil Fair Dismissal Act.1

Tip: You may want to request an IEP meeting to determine if your child's IEP and Behavior Intervention Plan (BIP)* are meeting your child's needs and modify them, as necessary, to address the behavior so that it is less likely to happen again. If your child does not have a BIP, you may want to request that the school conduct a Functional Behavioral Assessment (FBA)* and implement a Behavioral Intervention Plan (BIP). You also may want to discuss whether the behavior was a manifestation* of his or her disability.

Note: Each partial day that an IEP student is prohibited from attending classes or remaining in his or her current classroom without the provision of educational services counts as one full day of suspension.

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