Adopted: 2005

Revised: November 2015

Approved: November 2015

 

 

 

506      STUDENT DISCIPLINE

 

[Note: School districts are required by statute to have a policy addressing these issues.]

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.  It is the position of the school district 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, Minn. Stat. §§ 121A.40-121A.56.

In view of the foregoing and in accordance with Minn. Stat. § 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.       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. Executive Director    The  Executive  Director  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(s).  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 correct or restrain a student or prevent bodily harm or death to 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 correct or restrain a student or prevent bodily harm or death to 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 executive director.  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 or prevent bodily harm or death to 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 childre

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.

IV. STUDENT RIGHTS

All students have the right to an education and the right to learn.

V. 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;

E. To be aware of all school rules, regulations, policies and procedures, including those in this policy, and to conduct themselves in accord with them;

F. To assume that until a rule or policy is waived, altered or repealed, it is in full force and effect;

G. To be aware of and comply with federal, state and local laws;

H. To volunteer information in disciplinary cases should they have any knowledge relating to such cases and to cooperate with school staff as appropriate;

I. To respect and maintain the school’s property and the property of others;

J. 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

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.

VI. 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, school property; 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. This policy also applies to any student whose conduct at anytime 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.

  • 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;
  • The use of profanity or obscene language, or the possession of obscene materials;
  • Gambling, including, but not limited to, playing a game of chance for stakes;
  • Hazing;
  • Attendance problems including, but not limited to, truancy, absenteeism, tardiness, skipping classes, or leaving school grounds without permission;
  • Opposition to authority using physical force or violence;
  • Using, possessing, or distributing tobacco or tobacco paraphernalia;
  • Using, possessing, distributing, or being under the influence of alcohol or other intoxicating substances or look-alike substances;
  • Using, possessing, distributing, or being under the influence of narcotics, drugs or other controlled substances, or look-alike substances, except prescribed by a physician, including one sharing prescription medication with another student;
  • Using, possessing, or distributing items or articles that are illegal or harmful to persons or property including, but no limited to, drug paraphernalia
  • Using, possessing, or distributing weapons, or look-alike weapons or other dangerous objects;

Violation of the school district Weapons Policy

13. Possession of ammuntion includinig, but not limited to, bullets or other projectiles

  1. 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;

 

  1. 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;

 

  1. 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;

 

  1. Violation of any local, state or federal law as appropriate;

 

  1. 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;

 

  1. Possession of nuisance devices or objects which cause distractions and may facilitate cheating including, but not limited to, pagers, radios, and phones, including picture phones;

 

  1. Violation of school bus or transportation rules or the school bus safety policy;

 

  1. 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;

 

22. Violations of directives of  guidelines relating to lockers or improperly gaining access to a school locker;

 

  1. Possession  or   distribution   of   slanderous,   libelous   or   pornographic materials;

 

  1. 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;

 

  1. Criminal activity;

 

  1. Falsification of any records, documents, notes or signatures;

 

  1. 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;

 

  1. 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;

 

  1. Impertinent or  disrespectful  language  toward  teachers  or  other  school district personnel;

 

  1. Violations of Policy 413 Harassment and Violence

 

  1. 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;

 

  1. Committing an act which inflicts great bodily harm upon another person, even though accidental or a result of poor judgment;

 

  1. 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;

 

  1. Verbal assaults, or verbally abusive behavior, including, but not limited to, use of language that is discriminatory, abusive, obscene, threatening, intimidating or that degrades other people;

 

 

  1. Bullying or intimidation in all forms including electronic forms, forms involving Internet  use,  an  intentional  gesture  or  a  written  verbal  or physical act or threat that a reasonable person under the circumstances knows or should know has the effect of the following:
  •    harming a student;
  •  damaging a student’s property;
  • placing a student in reasonable fear of harm to his or her person or property; or
  •    creating a hostile educational environment for a student
  1. Physical or verbal threats including, but not limited to, the staging or reporting of dangerous or hazardous situations that do not exist;
  2. 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;
  3. Violation of school rules, regulations, policies, or procedures;
  4. 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.

 

VII.     DISCIPLINARY ACTION OPTIONS

 

It is the general policy of the school district 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 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.  Parent contact;

C.  Parent conference;

D. Removal from class;

E. In-school suspension;

F. Suspension from extracurricular activities;

G. Detention or restriction of privileges;

H. Loss of school privileges;

I. In-school monitoring or revised class schedule;

J. Referral to in-school support services;

K. Referral to community resources or outside agency services;

L. Financial restitution;

M. Referral to  police,  other  law  enforcement  agencies,  or  other  appropriate authorities;

N. A request for a petition to be filed in district court for juvenile delinquency adjudication;

O. Out-of-school suspension under the Pupil Fair Dismissal Act;

P. Preparation of an admission or readmission plan;

Q. Expulsion under the Pupil Fair Dismissal Act;

R. Exclusion under the Pupil Fair Dismissal Act; and/or

S. 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 may only be released following the completion of any investigation or disciplinary action instituted or taken related to the violation.

T. Other disciplinary action as deemed appropriate by the school district.

U. Saturday School

VIII.    REMOVAL OF STUDENTS FROM CLASS

A. 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;

 

  1. Willful conduct  that  endangers  surrounding  persons,  including  school district employees, the student or other students, or the property of the school;

 

  1. Willful violation of any school rules, regulations, policies or procedures, including the Code of Student Conduct in this policy; or

 

  1. 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.

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 c The purpose of this meeting is to attempt to determine the need for a referral to Student Assistance Team, the 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.

 

The following procedures, disposition, or action will be taken with students who violate school regulations (appendix A):

C. For student behavior that warrants removal from class, the following procedures will be followed:

  1. Authority to remove a student from class under the provisions and limitations of this section shall rest with the classroom teacher as outlined in the school 3 tier behavior matrix (appendix B). The teacher may remove students from their class for violations of any conditions listed in (A. 1-4) above.
  2. If removal is for part of one class period simply to provide the studentwith some time to avoid problems or to provide a clear warning of serious consequences, the formal procedures of this section need not be followed, and procedures which district has worked out to cover such circumstances will  remain  in  effect.  The  building  administrators  oversee  removal practices and make the final decisions regarding the length of the removal with the following procedures being observed:

a) Students must be sent to the principal’s office or another area clearly designated  by  the  building  principal.  The  principal  or designee will provide                           custodial care of the student and will assure the policies and procedures included in this section are observed.

b) The teacher shall provide the building principal or his/her designee with the following information:

                                   1)  Specific grounds for removal

                                    2)  Length of the period of removal

                                    3)  Any request for administrative support (e.g., teacher would like a principal included in a re-entry conference if one is to be held)

c) The teacher shall provide the student with the following information:

                                   1)  Specific grounds for removal

                                  2)  Length of period of removal

                                 3)  Conditions of re-entry (e.g., must meet separately with teacher, must work out a contract, must appear for a conference with parent(s), etc)

                                4)  Whenever possible, class assignments for the days following the first day of removal.

d) Parents will be contacted to engage their support in correcting the misconduct.  The teacher shall provide the parent(s) or guardian with the                                           following information:

                               1)  Specific grounds for removal

                             2)  Length of period of removal

                            3)  Conditions of re-entry including the scheduling of a conference with the parent if necessary

 

This information will be conveyed by telephone by the teacher. The teacher may also use a written notice when it is not possible to reach the parent by telephone or as a follow-up to the telephone contact.

 

  1. Removal from class shall be documented in the discipline module of the District’s student information system.

 

  1. Disciplinary actions resulting in suspension or expulsion shall be documented in the Disciplinary Information Reporting System.

 

 

  1. Removal from class of students with disabilities must comply with conditions specified in state and federal laws and rules. The student’s special education case manager will be notified of the incident leading to removal from class.

 

  1. The principal and members of the teaching staff in a school building shall confer at  least  annually  to  review  and  modify  any  needed  building discipline practices.

 

  1. The steps outlined in Policy 417 Chemical Use and Abuse will be taken when a student is removed from class due to evidence of being under the influence of drugs.

IX. 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 provide alternative educational services before dismissal proceedings, 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 exclusi 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. 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, except as may be provided in federal law for a student with a disability.

 

  1. 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 pupil’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.

 

  1. Each suspension action may include a readmission plan. The plan shall include, where appropriate, a provision for implementing alternative educational services upon readmission and may not be used to extend the current suspension.    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.

 

  1. In the case of a student with a disability, the student’s individual education plan team shall meet immediately but not more than ten (10) school days after the date on which the decision to remove the student from the student’s current education placement is made. The individual education plan team shall, at the meeting, conduct a review of the relationship between the child’s disability and the behavior subject to disciplinary action, and determine the appropriateness of the child’s education plan.

 

The requirements of the individual education plan team meeting apply when:  (1) the parent requests a meeting; (2) the student is removed from the student’s current placement for five (5) or more consecutive days; or (3) the student’s total days of removal from the student’s placement during the school year exceed ten (10) cumulative days in a school year.  The school administration shall implement alternative educational services when the suspension exceeds five (5) days.  A separate administrative conference shall be conducted for each period of suspension.

 

  1. The school administration shall implement alternative educational services when the suspension exceeds five (5) 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 Minn. Stat. § 123A.05 selected to allow the pupil to progress toward meeting graduation standards under Minn. Stat. § 120B.02, although in a different setting.

 

  1. 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.

 

  1. 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,  Minn.  Stat.  §§  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.)

 

  1. 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.

 

  1. 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.

 

  1. 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) days.

D. 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.

  1. “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.
  2. All expulsion and exclusion proceedings will be held pursuant to and in accordance with the provisions of the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§121A.40-121A.56.
  3. 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.
  4. 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, Minn. Stat. §§ 121A.40-121A.56; describe alternative educational services 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 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 the Minnesota Department of Education (MDE).
  5. 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.
  6. 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.
  7. The school district shall record the hearing proceedings at district expense, and a party may obtain a transcript at its own expense.
  8. 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 attorney to represent the school district in any proceeding.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. The student, parent or guardian, or authorized representative, shall have the right   to   present   evidence   and   testimony,   including   expert psychological or educational testimony.
  14. The student cannot be compelled to testify in the dismissal proceedings.
  15. 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.
  16. 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 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 Minn. Stat. § 121A.49. The decision of the school board shall be implemented during the appeal to the Commissioner.

  1. 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.
  2. The school district shall report each expulsion or exclusion within thirty (30) days of the effective date of the action to the Commissioner. This report shall 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 dismissal report must include state student identification numbers of affected students.
  3. 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.

X. ADMISSION OR READMISSION PLAN

A school administrator shall prepare and enforce an admission or readmission plan for any student who is excluded or expelled from school.  The plan may include measures to improve the student’s behavior and require 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.

XI. 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.

XII.     STUDENT DISCIPLINE RECORDS

It is the policy of the school district 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, Minn. Stat. Ch. 13.

XIII.    STUDENTS WITH DISABILITIES

Students who are currently identified as disabled under 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.

Where a student is dismissed for five (5) or more consecutive days, or has accumulated more than ten (10) days of dismissal over the course of the school year, the school district will convene a meeting to determine whether the student’s educational program is appropriate and whether the behavior subject to discipline is a manifestation of the student’s disability.  Such a meeting must be held within ten (10) days of the school district’s decision to remove the student from his or her current educational placement and must be held before commencing an expulsion or exclusion of the student.   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 will confer on the appropriate discipline (excluding exclusion or expulsion) and take steps to alter the student’s educational program, as necessary.  Regardless of whether the behavior is a manifestation of the student’s disability, if the team determines that the student’s educational program is either not appropriate or not being properly implemented, the team will take steps to alter the program and will take any program alterations into account in determining appropriate discipline.

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 after any period of suspension, if suspension is imposed.

XIV. 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.

 

XV.    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. Ch.125A (Students With Disabilities)

Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act) Minn. Stat. §§ 121A.582 (Reasonable Force)

 

Minn. Stat. §§ 121A.60-121A.61 (Removal From Class) Minn. Stat. § 124D.03 (Enrollment Options Program)

Minn. Stat. § 124D.08 (Enrollment in Nonresident District) Minn. Stat. Ch. 260A (Truancy)

20 U.S.C. §§ 1400-1487 (Individuals with Disabilities Education Act)

29 U.S.C. § 794 et seq. (Section 504 of the Rehabilitation Act of 1973)

 

Cross References:      Policy 413 (Harassment and Violence) Policy 417 (Chemical Use and Abuse) Policy 419 (Tobacco Free Schools)

Policy 501 (School Weapon Policy – safe school environment) Policy 503 (Student Attendance)

`                                   Policy 514 (Bullying Prohibition)

Policy 524 (Internet Acceptable Use and Safety) Policy 526 (Hazing Prohibitions)

Policy 610 (Field Trips of School Related Groups) Policy 707 (Transportation)

Policy 904 (Distribution of Noncurricular Materials by Students) STRIDE Academy 3 Tier Behavior Matrix

STRIDE Academy Behavior Consequence Matrix

Violation of the school district Weapons Policy;Possession of ammunition including, but not limited to, bullets or other projectiles designed to be used in or as a weapon;