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School Discipline of Minnesota Students with Disabilities - Parent Information

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My Child is Not on an IEP or Section 504 Plan

Before this incident:

My child never received special education, but I believe that my child currently needs special education.

Response:

Your child may be treated like any child without a disability for disciplinary purposes.

Because you believe that your child needs special education, you should make a written request for an evaluation for special education services to the school principal or director of special education for the district. If you make such a request, your child will remain in the disciplinary setting (suspension, expulsion*, or alternative placement) pending the results of an expedited evaluation,1 which must be completed in fewer than 30 school days from receipt of your written consent for the evaluation. If your child’s placement in the disciplinary setting ends before the evaluation is completed, your child will return to his or her prior placement while the evaluation is completed.

If you wish to find out about discipline rules for students who are on IEPs, click here >>>

Tip: All Minnesota school children are entitled to alternative education services that allow them to progress in the general curriculum after five continuous days of an out-of-school suspension* or during an expulsion.

After the first incident I made a Written Request for Special Education Services >>>

Or

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Statutes

  1. 34 C.F.R. 300.534(d)(2)

http://www.pacer.org/school-discipline-information/