ACRONYMS
FBA
What is a Functional Behavioral Assessment.
How is a partial day dismissal documented for a student with a disability?
What is there is no requirement to issue a notice of suspension for the dismissal. However, the dismissal will need to be tracked towards the cumulative number of days of suspension.
TRUE OR FALSE: A student with a disability who rides the general education bus is suspended from the bus for 3 days. This student will incurs 3 days of suspension.
FALSE: This only counts towards days of suspension if the student is provided special education transportation through their IEP.
When must a MD take place?
A manifestation determination must happen before initiating an expulsion or exclusion of a student with a disability, or within 10 school days when a decision to change the placement of a student with a disability because of a violation of a code of student conduct. This includes 10 cumulative days of suspension across an academic school year.
TRUE or FALSE: If an IEP team is noticing a pattern of behavior for a student that is leading to increased discipline discipline, should they meet as an IEP team to review and update the IEP/BSP?
What is True. Yes, anytime early patterns are identified, teams should meet to proactively address the student's disability related needs through the IEP.
MD
What is a Manifestation Determination.
Does current MN Law allow a second grade student to be suspended?
What is no. Minnesota law does not allow public schools to suspend children enrolled in preschool or pre-kindergarten programs or students in kindergarten through third grade.
Does a one-day bus suspension for a student with a disability who rides specialized transportation as part of their IEP incur a day of suspension?
What is no. A bus suspension of one day or less does not count towards a day of suspension. If the bus suspension is for two or more days, a Notice of Suspension must be provided along with the PFDA.
True or False: MD are only required for student with IEPs.
TRUE or FALSE: Students can be suspended from recess.
What is false?
What is a Prior Written Notice.
Are there exceptions to suspending this second grade student?
Yes, if nonexclusionary discipline has been exhausted and if the student is demonstrating immediate or substantial danger to themselves or others.
Can a student with (or without a disability) be suspended if non-exclusionary disciplinary alternatives are not implemented first?
What is generally no. Unless there are "immediate and substantial danger to self or to surrounding persons or property."
What two questions must be answered as part of the Manifestation Determination Review?
What is:
1. If the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability; and
2. If the conduct in question was the direct result of the district’s failure to implement the IEP/504.
What are the three circumstances that can lead to a unilateral 45 Day interim alternative placement for a student with a disability?
What is carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function OR knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function OR has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function.
NOTM and ROTM
What is one thing that must happen when a student with a disability is suspended for more than 5 consecutive days?
What is provided alternative educational services to the extent a suspension exceeds five consecutive school days.
OR
What is an IEP meeting must occur as soon as possible, but no more than ten days after the sixth consecutive day of suspension has elapsed.
What are examples of non-exclusionary disciplinary strategies?
If the team is unable to come to an agreement regarding the MD, who makes the final decision?
Use of alternatives to suspension
What is non-exclusionary discipline?
What is the Pupil Fair Dismissal Act.
What 3 things must happen for student with a disability who has incurred 10+ cumulative days of suspension or is recommendation for expulsion?
What is:
1. Review of student's IEP and Manifestation Determination.
2. The team must also consider implementing or reviewing a student’s FBA.
3. A student with a disability shall be provided alternative educational services to the extent a suspension exceeds five consecutive school days.
What three requirements must be met for an in-school suspension not to count towards a day of suspension for a student with a disability?
What is he special education student can 1) participate in the general curriculum, 2) continue to receive the services in the student’s IEP, and 3) continue to participate with non-disabled children to the extent they would have in their current placement.
Can a student be expelled from school if the behavior in review is determined a manifestation of their disability?
What is no. While a student can be removed for up to 45 day through a unilateral placement, the student cannot be permanently removed for behavior that is deemed a manifestation of their disability.