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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 expulsion*.

Response:

If it is determined that the behavior:

  • was caused by or had a direct and substantial relationship to your child’s disability, or
  • was a direct result of the school district’s failure to implement his or her IEP

then your child’s behavior was a manifestation* of his or her disability and the school may NOT proceed with the expulsion. The school must also return the child to the placement from which they were removed unless the parent and the school agree on a change of placement or the behavior involved drugs, weapons, or serious bodily injury.1

If the team determines that your child’s behavior was a direct result of the school's failure to implement his or her IEP, the IEP team must take immediate steps to remedy those deficiencies.2

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Statutes

  1. 34 C.F.R. 300.530(e)(1)
  2. 34 C.F.R. 300.530(e)(3)

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