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School Discipline of Minnesota Students with Disabilities - Parent Information

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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:

Whether the school district decides to expel or suspend for more than five school days or you agree to an alternative placement, the school district must continue to provide a free appropriate public education (FAPE) to your child, although the educational services may be provided in a different educational setting.1

Tip: You should request a Functional Behavioral Assessment (FBA)* as well as a Positive Behavior Intervention Plan (PBIP), designed to address the behavior violation so that it does not recur. If the student already has and FBA and a PBIP, you should ask the IEP Team to review them to determine if they remain appropriate.

Tip: Section 504 of the Rehabilitation Act requires that a child receive a re-evaluation before a change in educational placement.2 This has been interpreted to apply to a student expelled or suspended for more than 10 school days in a school year when those suspensions are part of a pattern of removals. As a general rule, all children on IEPs also fall under Section 504, so you may make a written request that a re-evaluation be completed before the school proceeds with the discipline. However, because the behavior involved drugs, weapons, or serious bodily injury, the school may assign your child to an appropriate alternative educational placement while the evaluation is being completed.

Tip: When considering alternative educational settings, the IEP team must consider more than one option, such as homebound services, to meet your child’s needs. Remember, even alternative settings for disciplinary reasons must be appropriate and allow your child to continue to progress in the general curriculum as well as in achieving his or her IEP goals.

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