IEP Discipline Procedures in Minnesota
Can a school suspend or expel a student with an IEP in Minnesota?
Minnesota discipline procedures for students with disabilities incorporate federal IDEA protections (34 CFR 300.530-300.536) and Minnesota's Pupil Fair Dismissal Act (Minn. Stat. §§ 121A.40-121A.56). School personnel may remove a student with a disability for up to 10 consecutive school days for code of conduct violations without a change of placement. Removals beyond 10 cumulative school days that constitute a change of placement trigger a manifestation determination review (MDR) within 10 school days. If the behavior is a manifestation of the disability, the student must be returned to the prior placement (unless parent and district agree otherwise), and an FBA must be conducted and a BIP developed or reviewed. Minnesota's special education regulations require that prior to any use of restrictive procedures, an FBA must be conducted (Minn. R. 3525.2710, subp. 3). Interim alternative educational settings of up to 45 school days are permitted for weapons, drugs, or serious bodily injury. Minnesota's Pupil Fair Dismissal Act provides additional procedural protections and requires a conference before formal dismissal proceedings (Minn. Stat. § 121A.46). Students with disabilities who are removed must continue to receive educational services that enable participation in the general curriculum and progress toward IEP goals (34 CFR 300.530(d)).
What Minnesota Requires
Students with disabilities may be removed for up to 10 consecutive school days for code of conduct violations without triggering IDEA change-of-placement protections (34 CFR 300.530(b)).
A manifestation determination review (MDR) must be conducted within 10 school days of any decision to change placement for disciplinary reasons (34 CFR 300.530(e)).
If the behavior is a manifestation of the disability, the student must be returned to the prior placement and an FBA/BIP must be conducted or reviewed (34 CFR 300.530(f)).
Prior to using any restrictive procedures, the IEP team must conduct a functional behavioral assessment (Minn. R. 3525.2710, subp. 3).
Interim alternative educational settings for up to 45 school days are permitted for weapons, drugs, or serious bodily injury (34 CFR 300.530(g)).
Minnesota's Pupil Fair Dismissal Act requires a conference before formal dismissal proceedings and provides procedural protections for all students, including those with disabilities (Minn. Stat. §§ 121A.40-121A.56).
Students removed from their educational placement must continue to receive services enabling progress in the general curriculum and toward IEP goals (34 CFR 300.530(d)).
Key Timelines
MDR must be held within 10 school days of a decision to change placement for disciplinary reasons (34 CFR 300.530(e)).
Short-term suspensions: up to 10 consecutive school days without triggering change-of-placement protections (34 CFR 300.530(b)).
IAES for weapons/drugs/serious bodily injury: up to 45 school days (34 CFR 300.530(g)).
Expedited hearing decision must be issued within 10 school days of the hearing (Minn. Stat. § 125A.091, subd. 19).
FBA must be conducted before restrictive procedures may be used (Minn. R. 3525.2710, subp. 3).