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School Discipline of Minnesota Students with Disabilities - Parent Information

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My Child Is on an IEP

: Intro > IEP/504/None > Discipline > ... > Manifestation Team > Manifestation of Disability > Involved Drugs, Weapons, or Injury

The manifestation team determined that my child's behavior was:

a manifestation* of his or her disability and the behavior involved drugs*, weapons*, or serious bodily injury*.

Response:

School personnel may order a change in placement for your child to an appropriate interim alternative educational setting, as determined by your child’s IEP team. This change in placement may be for the same amount of time that a child without a disability would be subject to discipline, but not for more than 45 school days.1

If the school has not already done so, it must conduct a Functional Behavioral Assessment (FBA)* and implement a Behavioral Intervention Plan (BIP)* for your child. If a BIP has already been developed, the IEP team must review that plan and modify it, as necessary, to address the behavior so that it is less likely to happen again.2

Note: Illegal drugs means a controlled substance identified in the Controlled Substances Act.3 This does not include over the counter medications or look-alike drugs.

Note: Weapon has the same meaning as a dangerous weapon under 18 U.S.C. 930, which defines dangerous weapon to include a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.4

Note: Serious bodily injury has the meaning given to the term bodily injury under 18 U.S.C. 1365, which means bodily injury which involves a substantial risk of death, extreme physical pain; protracted and obvious disfigurement; or
protracted loss or impairment of the function of a bodily member, organ, or mental faculty.5

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