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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 > Not a Manifestation of Disability > Involved Drugs, Weapons, Injury

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

not a manifestation of his or her disability and the behavior involved drugs*, weapons*, or serious bodily injury*.

Response:

The school district may suspend or expel your child, just as it would a student without a disability.1 If the behavior involved a firearm, the school board must expel your child for a period of at least one year. However, the school board may modify this expulsion requirement to less than one year on a case-by-case basis.2

TIP: If the discipline is an expulsion, the school must offer your child an appropriate alternative educational placement before beginning expulsion proceedings.3 You may choose to accept the alternative placement instead of going forward with the expulsion proceedings. It is always a good idea to visit the proposed placement before making a decision.

18 U.S.C. 921
The term “firearm” means:

  1. any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
  2. the frame or receiver of any such weapon;
  3. any firearm muffler or firearm silencer; or
  4. any destructive device. Such term does not include an antique firearm

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