A: Based upon the specific language contained in Minn. Stat.
§ 124D.128, Subd. 3, a school district may not unilaterally place a student in an ALC. more...
Is a school district is obligated to make alternative education services available to students sixteen years of age or older who have been dismissed from school under the Pupil Fair Dismissal Act (PFDA)?
A: The PFDA provides a clear answer. Beginning on the sixth consecutive day of suspension and from the first day of expulsion or exclusion, the district must make alternative education services available to a student. There is no exception in the PFDA which would serve to deny alternative educational services to students age sixteen or above. more...
Does an In-School Suspension count as days of removal when determining the need for a manifestation determination meeting?
A: An in-school suspension would not be considered a part of the days of removal as long as the student is afforded the opportunity to continue to appropriately progress in the general curriculum, continue to receive
the services specified on his or her IEP, and continue to participate with non-disabled children to the extent they would have in their current placement.
Does removal from the bus count as days of removal when determining the need for a manifestation determination meeting?
A: If bus transportation is a part of the student’s IEP, a bus suspension would be treated as a removal unless the school provides transportation in some other way because that transportation is necessary for the student
to obtain access to the location where all other services will be delivered. If bus transportation is not a part of the student’s IEP, a bus suspension typically would not be a removal.
Is there a chart that summarizes district obligations as as to when a manifestation determination must be made for a student with a disability?
A: Yes. See below
| |
IEP Team Meeting Required |
Manifestation
Determination Required |
Functional Behavioral
Assessment Plan Required |
| Student removed for 1 school day or less (but not suspended) |
No* |
No* |
No* |
| Student suspended for less than 5 consecutive school days |
No* |
No* |
No* |
| Student suspended for 5 to 10 consecutive school days |
Yes |
Yes |
No* |
| Student removed for 10 cumulative school days in a school year or less |
No |
No |
No |
| Student removed for 11 cumulative school days in a school year or more |
Yes |
Yes |
Yes |
Student placed on in-school
suspension |
No** |
No** |
No** |
| Parent requests a manifestation determination following any removal for disciplinary reasons |
Yes |
Yes |
No* |
| Student suspended from the bus |
Depends*** |
Depends*** |
Depends*** |
*** asterisks refer to previous questions ***
Does a local education agency have a responsibility to transmit a
student’s disciplinary records to other schools?
In accordance with NCLB, the state of Minnesota must ensure that each of its local education agencies are complying with the federal requirement when educational records are transmitted to another private or public school or secondary school for any student who enrolls or is seeking to
enroll on a full or part-time basis in school. more...
When is a suspension of a student with a disability considered a change of placement?
Please note that for students with disabilities, a suspension for more than 10 consecutive school days, which is permitted under the Pupil Fair Dismissal Act, would be considered a change of placement under federal special education regulations at 34 C.F.R. § 300.519 thereby invoking additional protections for the Student and creating additional obligations for the District. more...
When must a manifestation determination be conducted?
A manifestation determination must be performed in five situations:
At a parent’s request following a disciplinary incident;
If a student is suspended for five or more consecutive days for a single offense;
If a student is suspended for more than ten cumulative days in a school year;
When a removal for disciplinary reasons constitutes a change in placement; or
Before an exclusion or expulsion.
When must a Functional Behavior Assessment (FBA) be developed?
An IEP team must be convened to develop an FBA plan in two situations, not later than 10 business days after:
removing a student for more than 10 cumulative school days in a school year; or
removing a student in a manner that constitutes a change of placement as defined by 34 C.F.R. § 300.519.6
[Unless an FBA is already completed and a behavioral intervention plan (BIP) is in place.
What is the timeline for completing an FBA?
After securing consent to proceed with the FBA, the district must complete the FBA and convene an IEP team meeting to develop a BIP as soon as practicable but not more than 30 school days after receiving consent.
What is the district’s responsibility when a FBA is already in place?
An IEP team must be convened to review the FBA plan and its implementation, and, modify the plan and its implementation as necessary, to address the behavior, in two situations not later than 10 days after:
removing a student for more than 10 cumulative school days in a school year; or
removing a student in a manner that constitutes a change of placement as defined by 34 C.F.R. § 300.519.7
What must happen when a student is removed for more than ten cumulative school days in a school year?
Three things must occur:
A manifestation determination must be made.
The school must provide the services deemed necessary by school personnel in consultation with the student’s special education teacher to enable the student to appropriately progress in the general curriculum and advance toward achieving the goals set out in the student’s IEP.
If an FBA has not been completed, the IEP team must convene and develop an FBA plan.11 If an FBA has been completed, the IEP team must review the plan and modify it as necessary.
If a student’s placement is changed, do we get a new 10 days of removal?
No. The ten-day ‘clock’ is based on the school year, not on the placement of the student. The language of the federal regulations clearly refers to days of removal in a school year.
If a student changes schools or districts, do we get a new 10 days of removal?
No. The ten-day ‘clock’ is based on the school year, not school of attendance. The federal regulations do not have a provision to reset the ten days because a student moves to a different school or district.
If a student’s IEP team determines that his or her conduct was related to his or her disability, may the student still be expelled or excluded?
No.
May a student who waives his/her right to an expulsion hearing appeal his/her expulsion to the state?
Yes. If a student waives his or her right to a hearing, he or she still has the right to appeal the district’s subsequent actions to the Commissioner of Education based on the record of the district’s action.
When is the District required to provide a student with a copy of the Pupil Fair Dismissal Act (PFDA)?
When a student is facing disciplinary action, for example a suspension or expulsion.
Where can I get a copy of the current Pupil Fair Dismissal Act?
2005 PFDA Minn Stat 
84Kb
2003 Spanish Version of the Pupil Fair Dismissal Act 
117Kb
2005 Pupil Fair Dismissal Act Brochure 
487Kb
Where can I find state and federal laws and rules related to Student Discipline?
