Dismissal & Suspension
All students including those with an active IEP must abide by the same rules and regulations described in the Minnesota Pupil Fair Dismissal Act unless the behavior is a manifestation of the student’s educational disability.

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Dismissal: Dismissal is considered removal from school for less than a school day.

Suspension: Suspension is considered removal of a student from school for up to 10 school days.

A student with a disability, suspected of having a disability or is in the process of being evaluated for a disability, has special protections when dismissal or suspension is being considered. If a student is suspended for 5 consecutive days or a total of 10 days of dismissal and suspension, the IEP team must meet and complete a "Manifestation Determination" and determine if a "Functional Behavioral Assessment" (FBA) must be completed. The steps for carrying out a suspension and completing a "Manifestation Determination" and a FBA are described in this section.

If a student is sent home for a part of the day and is not allowed to return to school the following day, that is a suspension. Dismissal for portions of a school day would be included in determining whether the student has been removed for more than 10 cumulative school days, and/or subjected to a change of placement. If bus transportation is a part of the student’s IEP and the transportation is considered necessary for the student to gain access to school, bus suspension would be treated as a suspension unless the school provides transportation in some other way. A student with a disability may be removed from school for one school day or less like a non-disabled student.

Note: A suspension or exclusion for more than 10 consecutive days constitutes a "change in placement" for a student with a disability and may not be done without the permission of a parent or a judge. The school must keep a student with an educational disability in the placement developed in the current IEP unless the IEP team including the parents agrees to a change in placement or if the court allows keeping the student out of school beyond ten days. If parents do not agree to the change, the matter may go to a hearing. A judge may be involved in the case prior to the hearing and may make a placement decision that is something other than either the parent or school wants.

Suspension Procedures:

1. The school administration holds an informal administrative conference with the student to notify him or her of the reasons for suspension; to provide an explanation of the evidence, and to allow the student to present his or her version of the facts.

2. A written notice containing the grounds for suspension, a brief statement of the facts, a description of the testimony, a readmission plan, and a copy of the Notice of Procedural Safeguards shall be personally served upon the student at or before the time that the suspension is to take effect, and upon the student’s parent or guardian by mail within 48 hours of the conference. The District shall make reasonable efforts to notify the parent of the suspension by telephone as soon as possible. A student may be suspended without an informal administrative conference on the grounds that the student will create an immediate danger to surrounding persons or property. In this case, the written notice shall be serviced upon the student and the parent or guardian within 48 hours of the suspension. (A student may be suspended pending the school board "decision in the expulsion or exclusion hearing, provided that alternative educational services are implemented to the extent that suspension exceeds five days."


3. An IEP team meeting must be held when:

* The parent requests a team meeting.
* The student is suspended for five or more consecutive days. If the student is suspended for 5 to 10 consecutive school days, the IEP manager must schedule an IEP team meeting and send the Notice of Team Meeting to the parent. This meeting must take place within 5 school days of the suspension date.
* The student’s total number of dismissal or suspension days exceeds ten cumulative days in a school year.

4. At the IEP team meeting, the IEP team completes a Manifestation Determination form. A copy of this form is available in this Section.

5. If the total number of days suspended in the current school year exceeds 10, a Functional Behavior Assessment (FBA) must be conducted. Forms that can be used to complete an FBA are available in this Section.

If the number of days of suspension in the current school year have previously exceeded 10, and a FBA is already on file, a new FBA does not need to be written. However, you must review the FBA on file and make any additional or changes that the team determines are necessary.

6. A student has the right to return to school upon completion of the term of the suspension, regardless of whether or not a parent or guardian is present at the IEP or readmittance meeting.

Note: The school building Student Problems Committee (PPC) has jurisdiction only if it has been determined by the IEP team that the student’s behavior is not a manifestation of his or her disability.