Adopted: MSBA/MASA
Model Policy 506
Revised: Rev.
2023
506 STUDENT DISCIPLINE
I. PURPOSE
The purpose of this
policy is to ensure that students are aware of and comply with the school
district’s expectations for student conduct.
Such compliance will enhance the school district’s ability to maintain
discipline and ensure that there is no interference with the educational
process. The school district will take
appropriate disciplinary action when students fail to adhere to the Code of
Student Conduct established by this policy.
II. GENERAL STATEMENT OF POLICY
The school board
recognizes that individual responsibility and mutual respect are essential
components of the educational process.
The school board further recognizes that nurturing the maturity of each
student is of primary importance and is closely linked with the balance that
must be maintained between authority and self-discipline as the individual
progresses from a child’s dependence on authority to the more mature behavior
of self-control.
All students are
entitled to learn and develop in a setting which promotes respect of self,
others, and property. Proper positive
discipline can only result from an environment which provides options and
stresses student self-direction, decision-making, and responsibility. Schools can function effectively only with
internal discipline based on mutual understanding of rights and
responsibilities.
Students must conduct
themselves in an appropriate manner that maintains a climate in which learning
can take place. Overall decorum affects
student attitudes and influences student behavior. Proper student conduct is necessary to
facilitate the education process and to create an atmosphere conducive to high
student achievement.
Although this policy
emphasizes the development of self-discipline, it is recognized that there are
instances when it will be necessary to administer disciplinary measures. The position of the school district is that a
fair and equitable district-wide student discipline policy will contribute to
the quality of the student’s educational experience. This discipline policy is adopted in
accordance with and subject to the Minnesota Pupil Fair Dismissal Act, Minnesota
Statutes, sections 121A.40-121A.56.
In view of the
foregoing and in accordance with Minnesota Statutes, section 121A.55, the
school board, with the participation of school district administrators,
teachers, employees, students, parents, community members, and such other
individuals and organizations as appropriate, has developed this policy which
governs student conduct and applies to all students of the school district.
III. DEFINITIONS
A. "Nonexclusionary disciplinary policies and practices" means
policies and practices that are alternatives to dismissing a pupil from school,
including but not limited to evidence-based positive behavior interventions and
supports, social and emotional services, school-linked mental health services,
counseling services, social work services, academic screening for Title 1
services or reading interventions, and alternative education services.
Nonexclusionary disciplinary policies and practices include but are not limited
to the policies and practices under sections 120B.12; 121A.575, clauses (1) and
(2); 121A.031, subdivision 4, paragraph (a), clause (1); 121A.61, subdivision
3, paragraph (r); and 122A.627, clause (3).
B. "Pupil withdrawal agreement" means a verbal or written
agreement between a school administrator or district administrator and a
pupil's parent to withdraw a student from the school district to avoid
expulsion or exclusion dismissal proceedings. The duration of the withdrawal
agreement cannot be for more than a 12-month period.
IV. POLICY
A. The school board must establish uniform criteria for
dismissal and adopt written policies and rules to effectuate the purposes of the
Minnesota Pupil Fair Dismissal Act. The policies must include nonexclusionary
disciplinary policies and practices consistent with Minnesota Statutes, section
121A.41, subdivision 12, and must emphasize preventing dismissals through
early detection of problems. The policies must be designed to address
students' inappropriate behavior from recurring.
B. The policies must recognize
the continuing responsibility of the school for the education of the pupil
during the dismissal period.
C. The school is
responsible for ensuring that alternative educational services, if the
pupil wishes to take advantage of them, must be adequate to allow the pupil to
make progress toward meeting the graduation standards adopted under Minnesota
Statutes, section 120B.02 and help prepare the pupil for readmission in accordance with
section Minnesota Statutes, section 121A.46, subdivision 5.
D. For expulsion and
exclusion dismissals and pupil withdrawal agreements as defined in Minnesota
Statutes, section 121A.41, subdivision 13:
1. for a pupil who remains
enrolled in the school district or is awaiting enrollment in a new district, the
school district's continuing responsibility includes reviewing the pupil's
schoolwork and grades on a quarterly basis to ensure the pupil is on track for
readmission with the pupil's peers. The school district must communicate on a
regular basis with the pupil's parent or guardian to ensure that the pupil is
completing the work assigned through the alternative educational services as
defined in Minnesota Statutes, section 121A.41, subdivision 11. These services
are required until the pupil enrolls in another school or returns to the same
school;
2. a pupil receiving
school-based or school-linked mental health services in the school district
under Minnesota Statutes, section 245.4889 continues to be eligible for those
services until the pupil is enrolled in a new district; and
3. the school district must
provide to the pupil's parent or guardian information on accessing mental
health services, including any free or sliding fee providers in the community.
The information must also be posted on the school district website.
V. AREAS OF RESPONSIBILITY
A. The School Board. The school board holds all school personnel
responsible for the maintenance of order within the school district and
supports all personnel acting within the framework of this discipline policy.
B. Superintendent. The superintendent shall establish guidelines
and directives to carry out this policy, hold all school personnel, students,
and parents responsible for conforming to this policy, and support all school
personnel performing their duties within the framework of this policy. The superintendent shall also establish
guidelines and directives for using the services of appropriate agencies for
assisting students and parents. Any
guidelines or directives established to implement this policy shall be
submitted to the school board for approval and shall be attached as an addendum
to this policy.
C. Principal. The school principal is given the
responsibility and authority to formulate building rules and regulations
necessary to enforce this policy, subject to final school board approval. The principal shall give direction and
support to all school personnel performing their duties within the framework of
this policy. The principal shall consult with parents of students conducting
themselves in a manner contrary to the policy.
The principal shall also involve other professional employees in the
disposition of Behavior referrals and shall make use of those agencies appropriate
for assisting students and parents. A
principal, in exercising his or her lawful authority, may use reasonable force
when it is necessary under the circumstances to restrain a student to prevent
imminent bodily harm or death to the student or another.
D. Teachers. All teachers shall be responsible for
providing a well-planned teaching/learning environment and shall have primary
responsibility for student conduct, with appropriate assistance from the
administration. All teachers shall
enforce the Code of Student Conduct. In
exercising the teacher’s lawful authority, a teacher may use reasonable force
when it is necessary under the circumstances to restrain a student to prevent imminent
bodily harm or death to the student or another.
E. Other School District Personnel. All school district personnel shall be
responsible for contributing to the atmosphere of mutual respect within the
school. Their responsibilities relating
to student behavior shall be as authorized and directed by the
superintendent. A school employee,
school bus driver, or other agent of a school district, in exercising his or
her lawful authority, may use reasonable force when it is necessary under the
circumstances to restrain a student to prevent bodily harm or death to the
student or another.
F. Parents or Legal Guardians. Parents and guardians shall be held
responsible for the behavior of their children as determined by law and
community practice. They are expected to
cooperate with school authorities and to participate regarding the behavior of
their children.
G. Students. All students shall be held individually
responsible for their behavior and for knowing and obeying the Code of Student
Conduct and this policy.
H. Community Members. Members of the community are expected to
contribute to the establishment of an atmosphere in which rights and duties are
effectively acknowledged and fulfilled.
I. Reasonable Force Reports
1. The school district must report data on its use of any reasonable
force used on a student with a disability to correct or restrain the student to
prevent imminent bodily harm or death to the student or another that is
consistent with the definition of physical holding under Minnesota Statutes,
section 125A.0941, paragraph (c), as outlined in section 125A.0942, subdivision
3, paragraph (b).
2. Beginning with the
2024-2025 school year, the school district must report annually by July 15, in
a form and manner determined by the MDE Commissioner, data from the prior
school year about any reasonable force used on a general education student to
correct or restrain the student to prevent imminent bodily harm or death to the
student or another that is consistent with the definition of physical holding
under Minnesota Statutes, section 125A.0941, paragraph (c).
3. Any reasonable force
used under Minnesota Statutes, sections 121A.582; 609.06, subdivision 1; and
609.379 which intends to hold a child immobile or limit a child's movement
where body contact is the only source of physical restraint or confines a child
alone in a room from which egress is barred shall be reported to the Minnesota Department
of Education as a restrictive procedure, including physical holding or
seclusion used by an unauthorized or untrained staff person.
VI. STUDENT RIGHTS
All students have the
right to an education and the right to learn.
VII. STUDENT RESPONSIBILITIES
All students have the
responsibility:
A. For their behavior and for knowing and
obeying all school rules, regulations, policies, and procedures;
B. To attend school daily, except when excused,
and to be on time to all classes and other school functions;
C. To pursue and attempt to complete the
courses of study prescribed by the state and local school authorities;
D. To make necessary arrangements for
making up work when absent from school;
E. To assist the school staff in
maintaining a safe school for all students;
F. To be aware of all school rules,
regulations, policies, and procedures, including those in this policy, and to
conduct themselves in accord with them;
G. To assume that until a rule or policy
is waived, altered, or repealed, it is in full force and effect;
H. To be aware of and comply with federal,
state, and local laws;
I. To volunteer information in
disciplinary cases should they have any knowledge relating to such cases and to
cooperate with school staff as appropriate;
J. To respect and maintain the school’s
property and the property of others;
K. To dress and groom in a manner which
meets standards of safety and health and common standards of decency and which
is consistent with applicable school district policy;
L. To avoid inaccuracies in student
newspapers or publications and refrain from indecent or obscene language;
M. To conduct themselves in an appropriate
physical or verbal manner; and
N. To recognize and respect the rights of
others.
VIII. CODE OF STUDENT CONDUCT
A. The following are examples of
unacceptable behavior subject to disciplinary action by the school district.
These examples are not intended to be an exclusive list. Any student who engages in any of these
activities shall be disciplined in accordance with this policy. This policy applies to all school buildings,
school grounds, and school property or property immediately adjacent to school
grounds; school-sponsored activities or trips; school bus stops; school buses,
school vehicles, school contracted vehicles, or any other vehicles approved for
school district purposes; the area of entrance or departure from school
premises or events; and all school-related functions, school-sponsored
activities, events, or trips. School
district property also may mean a student’s walking route to or from school for
purposes of attending school or school-related functions, activities, or events.
While prohibiting unacceptable behavior subject to disciplinary action at these
locations and events, the school district does not represent that it will
provide supervision or assume liability at these locations and events. This policy also applies to any student whose
conduct at any time or in any place interferes with or obstructs the mission or
operations of the school district or the safety or welfare of the student,
other students, or employees.
1. Violations against property including,
but not limited to, damage to or destruction of school property or the property
of others, failure to compensate for damage or destruction of such property,
arson, breaking and entering, theft, robbery, possession of stolen property,
extortion, trespassing, unauthorized usage, or vandalism;
2. The use of profanity or obscene
language, or the possession of obscene materials;
3. Gambling, including, but not limited
to, playing a game of chance for stakes;
4. Violation of the school district’s
Hazing Prohibition Policy;
5. Attendance problems including, but not
limited to, truancy, absenteeism, tardiness, skipping classes, or leaving
school grounds without permission;
6. Violation of the school district’s
Student Attendance Policy;
7. Opposition to authority using physical
force or violence;
8. Using, possessing, or distributing
tobacco, tobacco-related devices, electronic cigarettes, or tobacco
paraphernalia in violation of the school district’s Tobacco-Free Environment;
Possession and Use of Tobacco, Tobacco-Related Devices, and Electronic Delivery
Devices Policy;
9. Using, possessing, distributing, intending
to distribute, making a request to another person for (solicitation), or being
under the influence of alcohol or other intoxicating substances or look-alike
substances;
10. Using, possessing, distributing, intending
to distribute, making a request to another person for (solicitation), or being
under the influence of narcotics, drugs, or other controlled substances (except
as prescribed by a physician), or look-alike substances (these prohibitions
include medical marijuana or medical cannabis, even when prescribed by a
physician, and one student sharing prescription medication with another student);
11. Using, possessing, or distributing items
or articles that are illegal or harmful to persons or property including, but
not limited to, drug paraphernalia;
12. Using, possessing, or distributing
weapons, or look-alike weapons or other dangerous objects;
13. Violation of the school district’s
Weapons Policy;
14. Violation of the school district’s
Violence Prevention Policy;
15. Possession of ammunition including, but
not limited to, bullets or other projectiles designed to be used in or as a
weapon;
16. Possession, use, or distribution of
explosives or any compound or mixture, the primary or common purpose or
intended use of which is to function as an explosive;
17. Possession, use, or distribution of
fireworks or any substance or combination of substances or article prepared for
the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation;
18. Using an ignition device, including a
butane or disposable lighter or matches, inside an educational building and
under circumstances where there is a risk of fire, except where the device is
used in a manner authorized by the school;
19. Violation of any local, state, or federal
law as appropriate;
20. Acts disruptive of the educational
process, including, but not limited to, disobedience, disruptive or
disrespectful behavior, defiance of authority, cheating, insolence,
insubordination, failure to identify oneself, improper activation of fire
alarms, or bomb threats;
21. Violation of the school district’s
Internet Acceptable Use and Safety Policy;
22. Use of a cell phone in violation of the
school district’s Internet Acceptable Use and Safety Policy;
23. Violation of school bus or transportation
rules or the school district’s Student Transportation Safety Policy;
24. Violation of parking or school traffic
rules and regulations, including, but not limited to, driving on school
property in such a manner as to endanger persons or property;
25. Violation of directives or guidelines
relating to lockers or improperly gaining access to a school locker;
26. Violation of the school district’s Search
of Student Lockers, Desks, Personal Possessions, and Student’s Person Policy;
27. Violation of the school district’s
Student Use and Parking of Motor Vehicles; Patrols, Inspections, and Searches
Policy;
28. Possession or distribution of slanderous,
libelous, or pornographic materials;
29. Violation of the school district’s
Bullying Prohibition Policy;
30. Student attire or personal grooming which
creates a danger to health or safety or creates a disruption to the educational
process, including clothing which bears a message which is lewd, vulgar, or
obscene, apparel promoting products or activities that are illegal for use by
minors, or clothing containing objectionable emblems, signs, words, objects, or
pictures communicating a message that is racist, sexist, or otherwise
derogatory to a protected minority group or which connotes gang membership;
31. Criminal activity;
32. Falsification of any records, documents,
notes, or signatures;
33. Tampering with, changing, or altering
records or documents of the school district by any method including, but not
limited to, computer access or other electronic means;
34. Scholastic dishonesty which includes, but
is not limited to, cheating on a school assignment or test, plagiarism, or
collusion, including the use of picture phones or other technology to
accomplish this end;
35. Impertinent or disrespectful words,
symbols, acronyms, or language, whether oral or written, related to teachers or
other school district personnel;
36. Violation of the school district’s Harassment
and Violence Policy;
37. Actions, including fighting or any other
assaultive behavior, which causes or could cause injury to the student or other
persons or which otherwise endangers the health, safety, or welfare of
teachers, students, other school district personnel, or other persons;
38. Committing an act which inflicts great
bodily harm upon another person, even though accidental or a result of poor
judgment;
39. Violations against persons, including,
but not limited to, assault or threatened assault, fighting, harassment,
interference or obstruction, attack with a weapon, or look-alike weapon, sexual
assault, illegal or inappropriate sexual conduct, or indecent exposure;
40. Verbal assaults or verbally abusive
behavior including, but not limited to, use of words, symbols, acronyms, or language,
whether oral or written, that are discriminatory, abusive, obscene,
threatening, intimidating, degrading to
other people, or threatening to school property;
41. Physical or verbal threats including, but
not limited to, the staging or reporting of dangerous or hazardous situations
that do not exist;
42. Inappropriate, abusive, threatening, or
demeaning actions based on race, color, creed, religion, sex, marital status,
status with regard to public assistance, disability, national origin, or sexual
orientation;
43. Violation of the school district’s
Distribution of Nonschool-Sponsored Materials on School Premises by Students
and Employees Policy;
44. Violation of the school district’s
one-to-one device rules and regulations;
45. Violation of school rules, regulations,
policies, or procedures, including, but not limited to, those policies
specifically enumerated in this policy;
46. Other acts, as determined by the school
district, which are disruptive of the educational process or dangerous or
detrimental to the student or other students, school district personnel or
surrounding persons, or which violate the rights of others or which damage or
endanger the property of the school, or which otherwise interferes with or
obstruct the mission or operations of the school district or the safety or
welfare of students or employees.
IX. RECESS AND OTHER BREAKS
A. "Recess
detention" means excluding or excessively delaying a student from
participating in a scheduled recess period as a consequence for student
behavior. Recess detention does not include, among other things, providing
alternative recess at the student's choice.
B. The school district is encouraged to
ensure student access to structured breaks from the demands of school and to
support teachers, principals, and other school staff in their efforts to use
evidence-based approaches to reduce exclusionary forms of discipline.
C. The school district must not use recess
detention unless:
1. a student causes
or is likely to cause serious physical harm to other students or staff;
2. the student's
parent or guardian specifically consents to the use of recess detention; or
3. for students receiving
special education services, the student's individualized education program team
has determined that withholding recess is appropriate based on the
individualized needs of the student.
D. The school district must not withhold
recess from a student based on incomplete schoolwork.
E. The school district must require school
staff to make a reasonable attempt to notify a parent or guardian within 24
hours of using recess detention.
F. The school district must compile
information on each recess detention at the end of each school year, including
the student's age, grade, gender, race or ethnicity, and special education
status. This information must be available to the public upon request. The school
district is encouraged to use the data in professional development promoting
the use of nonexclusionary discipline.
G. The school district must not
withhold or excessively delay a student's participation in scheduled mealtimes.
This section does not alter a district or school's existing responsibilities
under Minnesota Statutes, section 124D.111 or other state or federal law.
X. DISCIPLINARY ACTION OPTIONS
The general policy of
the school district is to utilize progressive discipline to the extent
reasonable and appropriate based upon the specific facts and circumstances of
student misconduct. The specific form of
discipline chosen in a particular case is solely within the discretion of the
school district. At a minimum, violation
of school district code of conduct, rules, regulations, policies, or procedures
will result in discussion of the violation and a verbal warning. The school district shall, however, impose
more severe disciplinary sanctions for any violation, including exclusion or
expulsion, if warranted by the student’s misconduct, as determined by the
school district. Disciplinary action may
include, but is not limited to, one or more of the following:
A. Student conference with teacher,
principal, counselor, or other school district personnel, and verbal warning;
B. Confiscation by school
district personnel and/or by law enforcement of any item, article, object, or
thing, prohibited by, or used in the violation of, any school district policy,
rule, regulation, procedure, or state or federal law. If confiscated by the school district, the
confiscated item, article, object, or thing will be released only to the parent/guardian
following the completion of any investigation or disciplinary action instituted
or taken related to the violation.
C. Parent contact;
D. Parent conference;
E. Removal from class;
F. In-school suspension;
G. Suspension from extracurricular
activities;
H. Detention or restriction of privileges;
I. Loss of school privileges;
J. In-school monitoring or revised class
schedule;
K. Referral to in-school support services;
L. Referral to community resources or
outside agency services;
M. Financial restitution;
N. Referral to police, other law
enforcement agencies, or other appropriate authorities;
O. A request for a petition to be filed in
district court for juvenile delinquency adjudication;
P. Out-of-school suspension under the
Pupil Fair Dismissal Act;
Q. Preparation of an admission or
readmission plan;
R. Saturday school;
S. Expulsion under the Pupil Fair
Dismissal Act;
T. Exclusion under the Pupil Fair
Dismissal Act; and/or
U. Other disciplinary action as deemed
appropriate by the school district.
XI. REMOVAL OF STUDENTS FROM CLASS
A. The teacher of record shall have the
general control and government of the classroom. Teachers have the responsibility of
attempting to modify disruptive student behavior by such means as conferring
with the student, using positive reinforcement, assigning detention or other
consequences, or contacting the student’s parents. When such measures fail, or when the teacher
determines it is otherwise appropriate based upon the student’s conduct, the
teacher shall have the authority to remove the student from class pursuant to
the procedures established by this discipline policy. “Removal from class” and “removal” mean any
actions taken by a teacher, principal, or other school district employee to
prohibit a student from attending a class or activity period for a period of
time not to exceed five (5) days, pursuant to this discipline policy.
Grounds for removal from
class shall include any of the following:
1. Willful conduct that significantly
disrupts the rights of others to an education, including conduct that
interferes with a teacher’s ability to teach or communicate effectively with
students in a class or with the ability of other students to learn;
2. Willful conduct that endangers
surrounding persons, including school district employees, the student or other
students, or the property of the school;
3. Willful violation of any school rules,
regulations, policies or procedures, including the Code of Student Conduct in
this policy; or
4. Other conduct, which in the discretion
of the teacher or administration, requires removal of the student from class.
Such removal shall be
for at least one (1) activity period or class period of instruction for a given
course of study and shall not exceed five (5) such periods.
A student must be
removed from class immediately if the student engages in assault or violent
behavior. “Assault” is an act done with
intent to cause fear in another of immediate bodily harm or death; or the
intentional infliction of, or attempt to inflict, bodily harm upon
another.
B. If a student is removed from class more
than ten (10) times in a school year, the school district shall notify the
parent or guardian of the student’s tenth removal from class and make
reasonable attempts to convene a meeting with the student’s parent or guardian
to discuss the problem that is causing the student to be removed from class.
[Note: The following Sections C. - J. must be
developed and inserted by each school district based upon individual district
practices, procedures, and preferences. School districts may consider
developing and inserting procedures identified in Sections K-N.]
C. Procedures for Removal of a Student
From a Class.
1. Specify procedures to remove a student
from a class to be followed by a teacher, school administrator, or other school
district employee;
2. Specify required approvals necessary;
3. Specify paperwork and reporting
procedures.
D. Period of Time for which a Student may
be Removed from a Class (may not exceed five (5) class periods for a violation
of a rule of conduct)
1. The removal from class shall be for a period
of time deemed appropriate by the principal, in consultation with the teacher.
E. Responsibility for and Custody of a
Student Removed from Class.
1. Designation of where student is to go
when removed;
2. Designation of how student is to get to
designated destination;
3. Whether student must be accompanied;
4. Statement of what student is to do when
and while removed;
5. Designation of who has control over and
responsibility for student after removal from class.
F. Procedures for Return of a Student to a
Specific Class from Which the Student was Removed.
1. Specification of procedures;
2. Actions or approvals required such as
notes, conferences, readmission plans.
G. Procedures for Notifying a Student and
the Student’s Parents or Guardian of Violation of the Rules of Conduct and of
Resulting Disciplinary Actions;
1. Specification of Procedures;
2. Actions or approvals required, such as
notes, conferences, readmission plans.
H. Disabled Students; Special Provisions.
1. Procedures for consideration of whether
there is a need for further assessment;
2. Procedures for consideration of whether
there is a need for a review of the adequacy of the current Individualized
Education Program (IEP) of a disabled student who is removed from class or
disciplined; and
3. Any procedures determined appropriate
for referring students in need of special education services to those services.
I. Procedures for Detecting and Addressing
Chemical Abuse Problems of Students While on School Premises.
1. Establishment of a chemical abuse
preassessment team pursuant to Minnesota Statutes, section 121A.26;
2. Establishment of teacher reporting
procedures to the chemical abuse preassessment team pursuant to Minnesota
StatutesN section 121A.29.
J. Procedures for Immediate and Appropriate
Interventions Tied to Violations of the Code of Student Conduct.
K. Any Procedures Determined Appropriate
for Encouraging Early Involvement of Parents or Guardians in Attempts to
Improve a Student’s Behavior.
L. Any Procedures Determined Appropriate
for Encouraging Early Detection of Behavioral Problems.
M. Any Procedures Determined Appropriate for Referring
a Student in Need of Special Education Services to Those Services;
N. Any Procedures Determined Appropriate for Ensuring Victims of Bullying
who Respond with Behavior not Allowed under the School's Behavior Policies have
Access to a Remedial Response, Consistent with Minnesota Statutes, section
121A.031;
XII. DISMISSAL
A. “Dismissal” means the denial of the
current educational program to any student, including exclusion, expulsion, and
suspension. Dismissal does not include
removal from class.
The school district
shall not deny due process or equal protection of the law to any student
involved in a dismissal proceeding which may result in suspension, exclusion or
expulsion.
The school district
shall not dismiss any student without attempting to use nonexclusionary
disciplinary policies and procedures before dismissal proceedings or pupil
withdrawal agreements, except where it appears that the student will create an
immediate and substantial danger to self or to surrounding persons or property.
B. Violations leading to suspension, based
upon severity, may also be grounds for actions leading to expulsion, and/or
exclusion. A student may be dismissed on
any of the following grounds:
1. Willful violation of any reasonable
school board regulation, including those found in this policy;
2. Willful conduct that significantly
disrupts the rights of others to an education, or the ability of school
personnel to perform their duties, or school sponsored extracurricular
activities; or
3. Willful conduct that endangers the
student or other students, or surrounding persons, including school district
employees, or property of the school.
C. Disciplinary Dismissals Prohibited
1. A pupil enrolled in the following is
not subject to dismissals under the Pupil Fair Dismissal Act:
a. a preschool or prekindergarten program,
including an early childhood family education, school readiness, school
readiness plus, voluntary prekindergarten, Head Start, or other school-based
preschool or prekindergarten program; or
b. kindergarten through Grade 3.
2. This section does not apply to a
dismissal from school for less than one school day, except as provided under
Minnesota Statutes, chapter 125A and federal law for a student receiving
special education services.
3. Notwithstanding this section,
expulsions and exclusions may be used only after resources outlined under
Nonexclusionary discipline have been exhausted, and only in circumstances where
there is an ongoing serious safety threat to the child or others.
D. Suspension Procedures
1. “Suspension” means an action by the
school administration, under rules promulgated by the School Board, prohibiting
a student from attending school for a period of no more than ten (10) school
days; provided, however, if a suspension is longer than five (5) school days,
the suspending administrator shall provide the superintendent with a reason for
the longer term of suspension. This
definition does not apply to dismissal for one (1) school day or less where a
student with a disability does not receive regular or special education
instruction during that dismissal period.
2. School administration must allow a suspended pupil the opportunity to
complete all school work assigned during the period of the pupil's suspension
and to receive full credit for satisfactorily completing the assignments. The
school principal or other person having administrative control of the school
building or program is encouraged to designate a district or school employee as
a liaison to work with the pupil's teachers to allow the suspended pupil to (1)
receive timely course materials and other information, and (2) complete daily
and weekly assignments and receive teachers' feedback.
3. If a student’s total days of removal
from school exceed ten (10) cumulative days in a school year, the school
district shall make reasonable attempts to convene a meeting with the student
and the student’s parent or guardian before subsequently removing the student
from school and, with the permission of the parent or guardian, arrange for a
mental health screening for the student at the parent or guardian’s expense. The purpose of this meeting is to attempt to
determine the student’s need for assessment or other services or whether the
parent or guardian should have the student assessed or diagnosed to determine
whether the student needs treatment for a mental health disorder.
4. The definition of suspension under Minnesota Statutes, section 121A.41, subdivision 10, does not
apply to a student's dismissal from school for one school day or less, except
as provided under federal law for a student with a disability. Each suspension action
may include a readmission plan. The plan
shall include, where appropriate, a provision for implementing alternative
educational services upon readmission which must not be used to extend the
current suspension. A readmission plan
must not obligate a parent or guardian to provide psychotropic drugs to their
student as a condition of readmission.
School administration must not use the refusal of a parent or guardian
to consent to the administration of psychotropic drugs to their student or to
consent to a psychiatric evaluation, screening, or examination of the student
as a ground, by itself, to prohibit the student from attending class or
participating in a school-related activity, or as a basis of a charge of child
abuse, child neglect, or medical or educational neglect. The school administration may not impose
consecutive suspensions against the same student for the same course of
conduct, or incident of misconduct, except where the student will create an
immediate and substantial danger to self or to surrounding persons or property
or where the school district is in the process of initiating an expulsion, in
which case the school administration may extend the suspension to a total of
fifteen (15) days.
5. A child with a
disability may be suspended. When a
child with a disability has been suspended for more than five (5) consecutive
days or ten (10) cumulative school days in the same year, and that suspension
does not involve a recommendation for expulsion or exclusion or other change in
placement under federal law, relevant members of the child’s IEP team,
including at least one of the child’s teachers, shall meet and determine the
extent to which the child needs services in order to continue to participate in
the general education curriculum, although in another setting, and to progress
toward meeting the goals in the child’s IEP.
That meeting must occur as soon as possible, but no more than ten (10)
days after the sixth (6th) consecutive day of suspension or the
tenth (10th) cumulative day of suspension has elapsed.
6. Alternative education services must be
provided to a pupil who is suspended for more than five (5) consecutive school
days. Alternative educational services may include, but are not limited to,
special tutoring, modified curriculum, modified instruction, other
modifications or adaptations, instruction through electronic media, special
education services as indicated by appropriate assessments, homebound
instruction, supervised homework, or enrollment in another district or in an
alternative learning center under Minnesota Statutes, section 123A.05 selected
to allow the student to progress toward meeting graduation standards under Minnesota
Statutes, section 120B.02, although in a different setting.
7. The school administration shall not
suspend a student from school without an informal administrative conference
with the student. The informal
administrative conference shall take place before the suspension, except where
it appears that the student will create an immediate and substantial danger to
self or to surrounding persons or property, in which case the conference shall
take place as soon as practicable following the suspension. At the informal administrative conference, a
school administrator shall notify the student of the grounds for the suspension,
provide an explanation of the evidence the authorities have, and the student
may present the student’s version of the facts.
A separate administrative conference is required for each period of
suspension.
8. After school administration notifies a
student of the grounds for suspension, school administration may, instead of
imposing the suspension, do one or more of the following:
a. strongly encourage a parent or guardian
of the student to attend school with the student for one day;
b. assign the student to attend school on
Saturday as supervised by the principal or the principal’s designee; and
c. petition the juvenile court that the
student is in need of services under Minnesota Statutes chapter 260C.
9. 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 Minnesota Pupil Fair Dismissal Act, Minnesota
Statutes, sections 121A.40-121A.56, shall be personally served upon the student
at or before the time the suspension is to take effect, and upon the student’s
parent or guardian by mail within forty-eight (48) hours of the
conference. (See attached sample Notice
of Suspension.)
10. The school administration shall make
reasonable efforts to notify the student’s parent or guardian of the suspension
by telephone as soon as possible following suspension.
11. In the event a student is suspended
without an informal administrative conference on the grounds that the student
will create an immediate and substantial danger to surrounding persons or
property, the written notice shall be served upon the student and the student’s
parent or guardian within forty-eight (48) hours of the suspension. Service by mail shall be complete upon
mailing.
12. Notwithstanding the foregoing provisions,
the student may be suspended pending the school board’s decision in an
expulsion or exclusion proceeding, provided that alternative educational
services are implemented to the extent that suspension exceeds five (5)
consecutive school days.
E. Expulsion and Exclusion Procedures
1. “Expulsion” means a school board action
to prohibit an enrolled student from further attendance for up to twelve (12)
months from the date the student is expelled.
The authority to expel rests with the school board.
2. “Exclusion” means an action taken by
the school board to prevent enrollment or re-enrollment of a student for a
period that shall not extend beyond the school year. The authority to exclude rests with the
school board.
3. All expulsion and exclusion proceedings
will be held pursuant to and in accordance with the provisions of the Minnesota
Pupil Fair Dismissal Act, Minnesota Statutes, sections 121A.40-121A.56.
4. No expulsion or exclusion shall be
imposed without a hearing, unless the right to a hearing is waived in writing
by the student and parent or guardian.
5. The student and parent or guardian
shall be provided written notice of the school district’s intent to initiate
expulsion or exclusion proceedings. This
notice shall be served upon the student and his or her parent or guardian
personally or by mail, and shall contain a complete statement of the facts; a
list of the witnesses and a description of their testimony; state the date,
time and place of hearing; be accompanied by a copy of the Pupil Fair Dismissal
Act, Minnesota Statutes, sections 121A.40-121A.56; describe the nonexclusionary
disciplinary practices accorded the student in an attempt to avoid the
expulsion proceedings; and inform the student and parent or guardian of their
right to: (1) have a representative of the student’s own choosing, including
legal counsel at the hearing; (2) examine the student’s records before the
hearing; (3) present evidence; and (4) confront and cross-examine
witnesses. The school district must advise
the student’s parent or guardian that free or low-cost legal assistance may be
available and that a legal assistance resource list is available from the
Minnesota Department of Education (MDE) and is posted on its website.
6. The hearing shall be scheduled within
ten (10) days of the service of the written notice unless an extension, not to
exceed five (5) days, is requested for good cause by the school district,
student, parent, or guardian.
7. All hearings shall be held at a time
and place reasonably convenient to the student, parent, or guardian and shall
be closed, unless the student, parent, or guardian requests an open hearing.
8. The school district shall record the
hearing proceedings at district expense, and a party may obtain a transcript at
its own expense.
9. The student shall have a right to a
representative of the student’s own choosing, including legal counsel, at the
student’s sole expense. The school
district shall advise the student’s parent or guardian that free or low-cost
legal assistance may be available and that a legal assistance resource list is
available from MDE. The school board may
appoint an attorney to represent the school district in any proceeding.
10. If the student designates a
representative other than the parent or guardian, the representative must have
a written authorization from the student and the parent or guardian providing
them with access to and/or copies of the student’s records.
11. All expulsion or exclusion hearings shall
take place before and be conducted by an independent hearing officer designated
by the school district. The hearing
shall be conducted in a fair and impartial manner. Testimony shall be given under oath and the
hearing officer shall have the power to issue subpoenas and administer oaths.
12. At a reasonable time prior to the
hearing, the student, parent or guardian, or authorized representative shall be
given access to all school district records pertaining to the student,
including any tests or reports upon which the proposed dismissal action may be
based.
13. The student, parent or guardian, or
authorized representative, shall have the right to compel the presence of any
school district employee or agent or any other person who may have evidence
upon which the proposed dismissal action may be based, and to confront and
cross-examine any witnesses testifying for the school district.
14. The student, parent or guardian, or
authorized representative, shall have the right to present evidence and
testimony, including expert psychological or educational testimony.
15. The student cannot be compelled to
testify in the dismissal proceedings.
16. The hearing officer shall prepare
findings and a recommendation based solely upon substantial evidence presented
at the hearing, which must be made to the school board and served upon the
parties within two (2) days after the close of the hearing.
17. The school board shall base its decision
upon the findings and recommendation of the hearing officer and shall render
its decision at a meeting held within five (5) days after receiving the
findings and recommendation. The school
board may provide the parties with the opportunity to present exceptions and
comments to the hearing officer’s findings and recommendation provided that
neither party presents any evidence not admitted at the hearing. The decision by the school board must be
based on the record, must be in writing, and must state the controlling facts
on which the decision is made in sufficient detail to apprise the parties and
the Commissioner of the Minnesota Department of Education (Commissioner) of the
basis and reason for the decision.
18. A party to an expulsion or exclusion
decision made by the school board may appeal the decision to the Commissioner
within twenty-one (21) calendar days of school board action pursuant to Minnesota
Statutes section 121A.49. The decision
of the school board shall be implemented during the appeal to the Commissioner.
19. The school district shall report any
suspension, expulsion or exclusion action taken to the appropriate public
service agency, when the student is under the supervision of such agency.
20. The school district must report, through
the MDE electronic reporting system, each expulsion or exclusion within thirty
(30) days of the effective date of the action to the Commissioner. This report must
include a statement of alternative educational services given the student and
the reason for, the effective date, and the duration of the exclusion or
expulsion. The report must also include
the student’s age, grade, gender, race, and special education status. The dismissal report must include state
student identification numbers of affected students.
21. Whenever a student fails to return to
school within ten (10) school days of the termination of dismissal, a school
administrator shall inform the student and his/her parent or guardian by mail
of the student’s right to attend and to be reinstated in the school district.
XIII. ADMISSION OR READMISSION PLAN
A school administrator
must prepare and enforce an admission or readmission plan for any student who
is excluded or expelled from school. The
plan must include measures to improve the student’s behavior, which may include
completing a character education program consistent with Minnesota Statutes,
section 120B.232, subdivision 1, social and emotional learning, counseling,
social work services, mental health services, referrals for special education
or 504 evaluation, and evidence-based academic interventions. The plan must include reasonable attempts to
obtain parental involvement in the admission or readmission process, and may
indicate the consequences to the student of not improving the student’s
behavior. The readmission plan must not
obligate parents to provide a sympathomimetic medication for their child as a
condition of readmission.
XIV. NOTIFICATION OF POLICY VIOLATIONS
Notification of any
violation of this policy and resulting disciplinary action shall be as provided
herein, or as otherwise provided by the Pupil Fair Dismissal Act or other
applicable law. The teacher, principal
or other school district official may provide additional notification as deemed
appropriate.
In addition, the
school district must report, through the MDE electronic reporting system, each exclusion
or expulsion, each physical assault of a school district employee by a pupil,
and each pupil withdrawal agreement within thirty (30) days of the effective
date of the dismissal action, pupil withdrawal, or assault, to the MDE
Commissioner. This report must include a
statement of the nonexclusionary disciplinary practices, or other sanction,
intervention, or resolution in response to the assault given to the pupil and
the reason for, the effective date, and the duration of the exclusion or
expulsion or other sanction, intervention, or resolution. The report must also include the pupil’s age,
grade, gender, race, and special education status.
XV. STUDENT DISCIPLINE RECORDS
The policy of the
school district is that complete and accurate student discipline records be
maintained. The collection,
dissemination, and maintenance of student discipline records shall be
consistent with applicable school district policies and federal and state law,
including the Minnesota Government Data Practices Act, Minnesota Statutes
chapter 13.
XVI. STUDENTS WITH DISABILITIES
Students who are
currently identified as eligible under the IDEA or Section 504 will be subject
to the provisions of this policy, unless the student’s IEP or 504 plan
specifies a necessary modification.
Before initiating an
expulsion or exclusion of a student with a disability, relevant members of the
child’s IEP team and the child’s parent shall, consistent with federal law,
conduct a manifestation determination and determine whether the child’s behavior
was (i) caused by or had a direct and substantial relationship to the child’s
disability and (ii) whether the child’s conduct was a direct result of a
failure to implement the child’s IEP. If
the student’s educational program is appropriate and the behavior is not
a manifestation of the student’s disability, the school district will proceed
with discipline – up to and including expulsion – as if the student did not
have a disability, unless the student’s educational program provides otherwise. If the team determines that the behavior
subject to discipline is a manifestation of the student’s disability,
the team shall conduct a functional behavioral assessment and implement a
behavioral intervention plan for such student provided that the school district
had not conducted such assessment prior to the manifestation determination
before the behavior that resulted in a change of placement. Where a behavioral intervention plan
previously has been developed, the team will review the behavioral intervention
plan and modify it as necessary to address the behavior.
When a student who has
an IEP is excluded or expelled for misbehavior that is not a manifestation of
the student’s disability, the school district shall continue to provide special
education and related services during the period of expulsion or exclusion.
XVII. OPEN ENROLLED STUDENTS
The school district
may terminate the enrollment of a nonresident student enrolled under an
Enrollment Option Program (Minnesota Statutes section 124D.03) or Enrollment in
Nonresident District (Minnesota Statutes section 124D.08) at the end of a
school year if the student meets the definition of a habitual truant, the
student has been provided appropriate services for truancy (Minnesota Statutes
chapter 260A), and the student’s case has been referred to juvenile court. The school district may also terminate the
enrollment of a nonresident student over the age of seventeen (17) enrolled
under an Enrollment Options Program if the student is absent without lawful
excuse for one or more periods on fifteen (15) school days and has not lawfully
withdrawn from school.
XVIII. DISCIPLINE COMPLAINT PROCEDURE
Students, parents and other
guardians, and school staff may file a complaint and seek corrective action
when the requirements of the Minnesota Pupil Fair Dismissal Act, including the
implementation of the local behavior and discipline policies, are not being
implemented appropriately or are being discriminately applied.
The Discipline Complaint
Procedure must, at a minimum:
1. provide procedures
for communicating this policy including the ability for a parent to appeal a
decision under Minnesota Statutes, section 121A.49 that contains explicit
instructions for filing the complaint;
2. provide an
opportunity for involved parties to submit additional information related to
the complaint;
3. provide a
procedure to begin to investigate complaints within three school days of
receipt, and identify personnel who will manage the investigation and any
resulting record and are responsible for keeping and regulating access to any
record;
4. provide procedures
for issuing a written determination to the complainant that addresses each
allegation and contains findings and conclusions;
5. if the
investigation finds the requirements of Minnesota Statutes, sections 121A.40 to
121A.61, including any local policies that were not implemented appropriately,
contain procedures that require a corrective action plan to correct a student's
record and provide relevant staff with training, coaching, or other accountability
practices to ensure appropriate compliance with policies in the future; and
6. prohibit reprisals
or retaliation against any person who asserts, alleges, or reports a complaint,
and provide procedures for applying appropriate consequences for a person who
engages in reprisal or retaliation.
XIX. DISTRIBUTION OF POLICY
The school district
will notify students and parents of the existence and contents of this policy
in such manner as it deems appropriate.
Copies of this discipline policy shall be made available to all students
and parents at the commencement of each school year and to all new students and
parents upon enrollment. This policy
shall also be available upon request in each principal’s office.
XX. REVIEW OF POLICY
The principal and
representatives of parents, students and staff in each school building shall
confer at least annually to review this discipline policy, determine if the
policy is working as intended, and to assess whether the discipline policy has
been enforced. Any recommended changes
shall be submitted to the superintendent for consideration by the school board,
which shall conduct an annual review of this policy.
Legal References: Minn. Stat. Ch. 13 (Minnesota Government
Data Practices Act)
Minn. Stat. § 120B.02
(Educational Expectations and Graduation Requirements for Minnesota Students)
Minn. Stat. § 120B.232
(Character Development Education)
Minn. Stat. § 121A.26
(School Preassessment Teams)
Minn. Stat. § 121A.29 (Reporting;
Chemical Abuse)
Minn. Stat. §§
121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. § 121A.575
(Alternatives to Pupil Suspension)
Minn. Stat. § 121A.582
(Student Discipline; Reasonable Force)
Minn. Stat. §§ 121A.60
(Definitions)
Minn. Stat. § 121A.61
(Discipline and Removal of Students from Class)
Minn. Stat. § 122A.42
(General Control of Schools)
Minn. Stat. § 123A.05
(State-Approved Alternative Program Organization)
Minn. Stat. § 124D.03
(Enrollment Options Program)
Minn. Stat. § 124D.08
(School Boards’ Approval to Enroll in Nonresident District; Exceptions)
Minn. Stat. Ch. 125A
(Special Education and Special Programs)
Minn. Stat. § 152.22,
Subd. 6 (Definitions)
Minn. Stat. § 152.23
(Limitations)
Minn. Stat. Ch. 260A
(Truancy)
Minn. Stat. Ch. 260C
(Juvenile Safety and Placement)
20 U.S.C. §§ 1400-1487
(Individuals with Disabilities Education Act)
29 U.S.C. § 794 et
seq. (Rehabilitation Act of 1973, § 504)
34 C.F.R. §
300.530(e)(1) (Manifestation Determination)
Cross References: MSBA/MASA Model Policy 413 (Harassment and
Violence)
MSBA/MASA Model Policy
419 (Tobacco-Free Environment; Possession and Use of Tobacco, Tobacco-Related
Devices, and Electronic Delivery Devices)
MSBA/MASA Model Policy
501 (School Weapons)
MSBA/MASA Model Policy
502 (Search of Student Lockers, Desks, Personal Possessions, and Student’s
Person)
MSBA/MASA Model Policy
503 (Student Attendance)
MSBA/MASA Model Policy
505 (Distribution of Nonschool-Sponsored
Materials on School
Premises by Students and Employees)
MSBA/MASA Model Policy
514 (Bullying Prohibition Policy)
MSBA/MASA Model Policy
524 (Internet Acceptable Use and Safety Policy)
MSBA/MASA Model Policy
525 (Violence Prevention)
MSBA/MASA Model Policy
526 (Hazing Prohibition)
MSBA/MASA Model Policy
527 (Student Use and Parking of Motor Vehicles; Patrols, Inspections, and
Searches)
MSBA/MASA Model Policy
610 (Field Trips)
MSBA/MASA Model Policy
709 (Student Transportation Safety Policy)
MSBA/MASA Model Policy
711 (Video Recording on School Buses)
MSBA/MASA Model Policy
712 (Video Surveillance Other Than on Buses)