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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 five or more school days and total out-of-school suspensions do not exceed 10 days for this school year or total suspensions exceed 10 school days but do not constitute a pattern of removals*.

Response:

School administrators must give you written notification of the disciplinary decision.1

The IEP team, including you, must meet and determine the extent to which the child needs services to participate in the general education curriculum and to progress toward meeting the goals in the child’s IEP, while the child is out of school. This meeting should take place as soon as possible but no more than 10 school days after the sixth day of suspension or the tenth cumulative day of suspension has elapsed.2

Tip: The district must provide alternative educational services to the extent a suspension exceeds five consecutive school days.3

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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