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School Discipline of Minnesota Students with Disabilities - Parent Information

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My Child Is on a Section 504 Plan

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

not a manifestation of his or her disability.

Response:

The school district may suspend or expel your child just as it would a student without a disability.

If your child is suspended or expelled from transportation, you have the same obligation to arrange for alternative school transportation as the parent of a child without a disability who has been suspended or expelled from the bus.

TIP: If the discipline is an expulsion, the school must offer your child alternative educational services before beginning expulsion proceedings. You may choose to accept the alternative services instead of going forward with the expulsion proceedings. It is always a good idea to visit any proposed placement before making a decision.1

Whether the school district decides to expel or suspend for more than five school days, the district must provide alternative educational services to the extent a suspension exceeds five consecutive school days.

Tip: You may wish to ask the Section 504 team to conduct a Functional Behavioral Analysis(FBA)* and develop a Behavioral Intervention Plan (BIP)*, which includes services and modifications designed to address the behavior violation so that it is less likely to happen again. You also may wish to request that your child be evaluated for special education services.

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Statutes

  1. Minn. Stat. 121A.45 (Subdivision 1)

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