Students with an Individualized Education Program (IEP)

When a student with a disability is dismissed for more than ten (10) days in a school year, is being considered for a 45-day unilateral placement, or before initiating any expulsion or exclusion, relevant members of the child’s IEP team and the child’s parent shall, consistent with federal law, conduct a manifestation determination meeting. That meeting must occur as soon as possible, but no more than ten days after the sixth consecutive day of suspension or when the tenth cumulative day of suspension has elapsed. The team will determine if the behavior is related to the student’s disability. The team may need to conduct a Functional Behavior Assessment and write a behavior intervention plan to support the student at school.

A dismissal for one (1) school day or less is a day of suspension if the student with a disability does not receive regular or special education instruction during that dismissal period. A student with a disability shall be provided alternative educational services to the extent a suspension exceeds five (5) consecutive school days.

Consistent with federal law, before initiating an expulsion or exclusion, the district, relevant members of the student’s IEP team, and the student’s parent shall determine whether the student’s behavior was caused by or had a direct and substantial relationship to the student’s disability and whether the student’s conduct was a direct result of a failure to implement the student’s IEP. When a student with a disability who has an IEP is excluded or expelled for misbehavior that is not a manifestation of the student’s disability, the district shall continue to provide special education and related services during the exclusion or expulsion. Minnesota Statute § 121A.43