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| Rights and Responsibilities Handbook Rights & Responsibilities A Student Behavior Handbook for Elementary and Secondary Schools Effective September 1, 2005 This Version Supercedes All Previous Versions
Mission of the Saint Paul Public Schools: Provide a Premiere Education for All
High Achievement – Learners will meet the highest district and state standards through a learning journey that is academically rich and rigorous.Meaningful Connections – Learners will understand the relationship between their lives and the lives of others, and the relevance of their educational experiences to their roles in society.Respectful Environment – The learning environment will be safe, nurturing, and equitable for our diverse learners.--Adopted by the Saint Paul Board of Education April 20, 2004
HELP WITH SOLVING PROBLEMS - SCHOOL OMBUDSPERSON The Saint Paul Public Schools ombudsperson helps students, parents, and community members resolve school issues if they are unable to reach satisfaction by working with school administrators and staff members. The ombudsperson can help with:
Call: 651-767-8119, or website: www.spps.org/ombudsperson.html For more information regarding student human rights, please contact the Office of Student Services at 651-767-8179, or at 360 Colborne Ave., Saint Paul, MN 55102. TABLE OF CONTENTS
Board of Education Policy on Student Discipline . . . . . . . . . Page 5 Forward. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 5 Part A Students’ Rights and Responsibilities – Rights. . . . . . . . . . . Page 6 Students’ Rights and Responsibilities – Responsibilities. . . . Page 8 Student Behavior Handbook. . . . . . . . . . . . . . . . . . . . . . . . . . Page 10 Section I: Violations Against Minnesota Statute . . Page 10 Section II: Violations Against Persons. . . . . . . . . . Page 13 Section III: Violations Against Property. . . . . . . . .Page 17 Part B Section IV: Violations Against School Administrative Procedures . . . . . . . . . . . . . . . . . . .Page 17 Section V: Violations Against School Traffic Regulations . . . . . . . . . . . . . . . . . . . . . . . . Page 19 Section VI: Other Violations . . . . . . . . . . . . . . . . Page 19 Part B Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20 Additional Discipline Information . . . . . . . . . . . . . . . . . . . . Page 21 Special Education Students . . . . . . . . . . . . . . . . . . . . . . . . . Page 23 Part C Section 504 Students. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 24 Glossary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 25 Appendix I: Board of Education Policies . . . . . . . . . . . . . . . Page 27 Part D Appendix II: Pupil Fair Dismissal Act . . . . . . . . . . . . . . . . . Page 29Appendix III: Other Applicable Laws. . . . . . . . . . . . . . . . . . Page 37 Appendix IV: Zero Tolerance Guidance. . . . . . . . . . . . . . . . Page 38 PART ASaint Paul Public Schools Board of EducationPolicies on Student Discipline Notwithstanding the provisions of any law to the contrary, the conduct of all students under 21 years of age attending a public elementary or secondary school shall be governed by a single set of reasonable rules and regulations promulgated by the local board of education. …STUDENT BEHAVIOR HANDBOOK RIGHTS AND RESPONSIBILITIES: A Student Behavior Handbook for Elementary and Secondary Schools shall govern student behavior and discipline in the elementary and secondary schools of the district and is incorporated in this policy.
Rights and Responsibilities: A Student Behavior Handbook for Elementary and Secondary Schools Forward The rules and regulations regarding student behavior and discipline contained in this handbook are established to fulfill the Board of Education’s policies as stated in 506.01 and 506.02, above. This Handbook applies to incidents and situations that occur on any property owned or controlled by Saint Paul Public Schools or occurring in connection with any activity sponsored by or associated with the Saint Paul Public Schools ("SPPS"). This Handbook may also apply to incidents involving SPPS students if an unapproved connection or association to Saint Paul Public Schools or its staff is explicitly or implicitly stated or inferred (for example, hazing). This is a guide to student conduct. Adult staff members are held to high standards of behavior and are subject to all applicable laws, Board of Education policies, and human resources’ rules and practices.``````````````````````````````````````````````````` Saint Paul Public Schools Board of EducationStudents’ Rights and Responsibilities RIGHTS:The rights of an individual are preserved only by the protection and preservation of the rights of others. A student is responsible for the manner in which his/her individual rights are exercised and must accept the consequences of any actions that are committed outside the boundaries of those rights. The staff, students, and parents must work cooperatively to avoid the extremes of regimentation on the one hand and anarchy on the other if the goal of establishing an optimal learning environment within the schools is to be realized. Rights bring responsibilities. The rights and responsibilities listed here are not all inclusive. Students have other rights guaranteed by the Constitution and by state and local laws. This statement of rights and responsibilities does not cover every situation that may arise. THE RIGHT TO LEARN Each student has the right to attend school and gain an education as provided by law. THE RIGHT TO FREE SPEECH AND EXPRESSION Students in the Saint Paul Public Schools represent a wide range and diversity of opinion and background. Students have the right to express opinions, to take stands, and to support causes, either publicly or privately, provided such expressions are not defamatory, vulgar or offense, or obscene, and do not interfere with the rights of others or disrupt the atmosphere for learning in the school.
THE RIGHT REGARDING STUDENT DRESS Students have the right to choose their manner of dress and personal grooming unless it presents a clear danger to the student’s health or safety, causes an interference with work, or creates classroom or school disorder. The school principal may mandate minimum standards of cleanliness and neatness. Students who attend schools that have adopted a school uniform requirement must follow the school’s uniform requirement. THE RIGHT TO PARTICIPATE IN SCHOOL GOVERNMENT The purpose and reason for the existence of student government is to represent and be responsive to the needs of students. Offices shall be open to all students. All students are allowed to vote for officers. The constitution of the Student Council shall define procedural matters governing terms of office, meeting times, method of conducting meetings, make-up of the representative body, and the purpose of the organization. Student Council has the responsibility to communicate with the student body, faculty, and the administration. A faculty member shall be assigned to advise the Student Council. Students have the right to be represented and to air grievances, problems, and concerns through legitimate channels provided by the schools. Each school is required to establish a procedure by which students may air grievances, problems or concerns. This procedure should be carried out with all deliberate speed. THE RIGHT TO BE INFORMED OF RULES Students have the right to be informed of all policies, rules, and regulations they will be expected to follow. Copies of these rules governing the student standards of conduct shall be available in each school office, and the basic rules shall be published and distributed to all students and parents/guardians. THE RIGHT TO PRIVACY Students’ rights to privacy regarding school records will be protected and any disclosure of information from student records will be consistent with law. THE RIGHT TO PERSONAL PROPERTY Students have a right to be secure in their persons, papers, and effects; however, they must refrain from bringing onto school property or to school-sponsored or school-associated events any material or item that would cause, or tend to cause, a disruption or endanger the health or safety of students or other persons. Items prohibited include, but are not limited to, stolen goods, weapons and look-alike weapons, and other illegal items. When reasonable suspicion exists to believe a student possesses prohibited items, general or individual searches may be conducted under the authorization of the principal or representative designated by the principal. Reasonable efforts will be made to ensure student privacy. Prohibited items may be seized by school authorities, and items that may be used to disrupt or interfere with the educational process may be removed from student possession. SCHOOL LOCKERS According to Minnesota law, school lockers are the property of the school district. At no time does SPPS relinquish its exclusive control of lockers provided for the convenience of students. Inspection of the interior of lockers may be conducted by school authorities for any reason at any time, without notice, without student consent, and without a search warrant. The personal possessions of students within a school locker may be searched only when school authorities have a reasonable suspicion that the search will uncover evidence of a violation of law or school rules. As soon as practicable after the search of a student’s personal possessions, the school authorities must provide notice of the search to students whose lockers were searched unless disclosure would impede an ongoing investigation by police or school officials. (Minn. Stat. § 121A.72, subd. 1.) PLEDGE OF ALLEGIANCE Minnesota law requires all public schools to provide students the opportunity to recite the Pledge of Allegiance at least once a week (unless the school board votes to waive this requirement). Anyone who does not wish to participate in reciting the pledge of allegiance for any personal reasons may elect not to do so, and students must respect another person’s right to make that choice. (Minn. Stat. § 121A.11 subd. 3(b).) RESPONSIBILITIES:All students are responsible for knowing and obeying all school policies, rules and regulations. Students are responsible for the consequences of their behavior. Students are responsible for following all procedures, rules, and regulations necessary to make effective the Board of Education policies relating to the student standards of conduct. Principals shall be responsible for informing the parent/guardian of any student whose behavior is in serious conflict with established policies, rules, and procedures. RESPONSIBILITY FOR ACADEMIC WORK Students are responsible for completing class assignments on time and according to the instructions given by the teachers. Instructional materials are furnished by the Saint Paul Public Schools for student use. Students are responsible for bringing to class all materials required for daily classroom use. RESPONSIBILITY REGARDING ATTENDANCE AND TARDINESS Students are responsible for being in attendance at the beginning of the school day. Students arriving late are to report to the proper school authorities, as designated by their local school rules. If absence from school is necessary because of illness or other legitimate reasons, students are responsible for bringing a written excuse signed by a parent or guardian upon return to school. Absence or tardiness of students because of religious holidays and observances shall be recorded as excused absences or tardiness at the written request of the parent. If students are to be excused before the end of the day, they should bring a written request signed by a parent or guardian to the school office, preferably upon arrival at school. Sufficient time is allowed between classes for students to arrive at the next class on time. If a student is detained after class by a teacher, a pass should be obtained from that teacher so that tardiness will be excused in the next class. During a class hour, students shall not leave a classroom without a pass from the teacher. Under no conditions shall a student leave school during the day without permission of the school administration. A student leaving the building may be requested by proper school authorities to show his/her "excuse to leave the building" form. RESPONSIBILITY FOR DISCIPLINE Students have the right to a free public education, but they are responsible for complying with the rules and regulations of the school district and the instructions of all school district personnel, and for accepting the authority of the faculty and school district officials on school property and at school-sponsored, off-campus activities. Failure to meet these responsibilities will be cause for disciplinary action.
PART B Saint Paul Public SchoolsStudent Behavior Handbook Violations and Disciplinary Consequences
STANDARDS OF CONDUCT: Disciplinary policies shall be enforced within the general guidelines as set forth below. These guidelines describe clearly the various administrative actions which will be taken for violations of the law and the school district standards of behavior. The MAXIMUM administrative actions are expulsion and exclusion. The listing of MINIMUM actions does not imply or require that a "step-by-step" progression of increasing severity will be employed by an administrator in dealing with a violation. However, there shall be a logical relationship between the severity of the offense and the administrative action. The format of this section is to list only the mandatory MINIMUM disciplinary action for each violation. The following represent the majority of violations that occur. Unless otherwise noted, these policies apply to student conduct occurring on any property owned or controlled by Saint Paul Public Schools or occurring in connection with any activity sponsored by or associated with the Saint Paul Public Schools Section I: Violations of Minnesota Statutes
Section II: Violations Against Persons
Section III: Violations Against Property
Section IV: Violations Against School Administrative Procedures
Section V: Violations Against School Traffic Regulations
Section VI: Other Violations
Part B Endnotes
1 See Zero Tolerance Guidance on page 38.2 The Local Pupil Problems Committee may be convened to evaluate the credibility and level of any threat or threatening behavior. See page 22 for more information about threat assessment procedures.3 For more information regarding student human rights, please contact the Office of Student Services at 651-767-8179, or at 360 Colborne Ave., Saint Paul, MN 55102
PART C Additional Discipline Information Local Pupil Problems Committee (Local PPC) – The Local Pupil Problems Committee deals with problems relating to student discipline and school adjustment. This committee is appointed by the principal and usually includes an administrator, counselor, teachers, social worker, nurse, and other staff. This committee shall meet regularly to consider disciplinary and behavioral problems of students referred to it by the principal or designee (chair) and shall recommend to the principal such remedial, corrective, or disciplinary measures as it may deem to be in the best interests of the students and the school. A principal reserves the authority to immediately send a referral for expulsion/exclusion directly to the Area Superintendent without Local PPC action. When a major decision or recommendation regarding a child is to be considered, parents shall be invited to be present at the Local PPC meeting. Parents have the option to bring an additional person with them to the Local PPC meeting, but this additional person may not act as an attorney. Parents may appeal to the City-Wide Pupil Problems Committee if they are not in agreement with the local decision. If the principal feels a particular problem is beyond his/her resources, then the principal may refer it to the City-Wide Pupil Problems Committee.City-Wide Pupil Problems Committee (City-Wide PPC) – The City-Wide Pupil Problems Committee is established by the Superintendent of Schools. Membership shall typically include a principal, an assistant principal, classroom teachers, counselors, a nurse, social workers, and other support personnel. The function of the committee shall be to recommend action on parent appeals of Local Pupil Problems Committee decisions or referrals from schools. The City-Wide PPC shall have the authority to:
The chairperson of the City-Wide PPC shall offer the student’s parents or guardians an opportunity to appear before the committee. Parents have the option to bring an additional person with them to the City-Wide PPC meeting, but this additional person may not act as an attorney. The chairperson shall notify the parents of the City-Wide PPC’s recommendation or decision. If parents still object, they may appeal to the appropriate Area Superintendent, then to the Superintendent, and then to the Board of Education. Threat Assessment – As part of the District School Safety Plan, the Local Pupil Problems Committee or a subset of the Local Pupil Problems Committee will evaluate threats of violence to self or others and threatening behaviors, and determine the probability that the person will carry out the threat. The district shall provide training in threat assessment to designated staff at each site. NOTE: Violations of the Board’s Zero Tolerance Policy are referred directly to the Area Superintendent for consideration of expulsion or exclusion. Discipline Procedures – All disciplinary actions will be processed pursuant to Saint Paul Public Schools’ discipline policies, the requirements of the Minnesota Pupil Fair Dismissal Act and other applicable law. Any student who violates a school policy that has a potential consequence of suspension from school for more than one school day shall have an informal conference with a school administrator. An informal conference is not required before suspension where the student is creating an immediate and substantial danger to himself or herself or to surrounding persons or property. If a student’s total days of removal from school exceeds 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. The purpose of this meeting is to attempt to determine the student’s need for assessment or other services or whether the parent should have the student assessed or diagnosed to determine whether the student needs treatment for a mental health disorder. All students who violate a school policy or rule that has the potential consequence of expulsion or exclusion will be given the opportunity to have a hearing in accordance with Minnesota law. Physical Restraint – Administrators, teachers and other staff may use reasonable force, including physical restraint, when it is necessary under the circumstances to restrain a student or to prevent injury to the student, others, or property, or as otherwise allowed by law. (Def. reasonable force - Minn. Stat. § 609.379, subd. 1(b); Minn. Stat. § 121A.582 subd. 1; Minn. Stat. § 609.06, subd. 1.) School Resource Officers (SROs) – SROs are sworn officers of the Saint Paul Police Department. SROs work in partnership with school administrators to provide the safest learning environment possible. SROs’ primary function is law enforcement. School administrators may also include the SRO in determining an appropriate consequence for a student’s violation of school policy. Juvenile or criminal proceedings or consequences against the student do not preclude the school district from disciplining the student for violations of the Student Behavior Handbook or for other misconduct. Special Education Students - In the case of a student with a disability who has an individual education plan (IEP), the student’s IEP team must 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 IEP team shall at that 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 IEP team meeting apply when: (1) the parent requests a meeting. (2) the student is removed from the student’s current placement for 5 or more consecutive days; or (3) the student’s total days of removal from the student’s placement during the school year exceed 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 is required for each period of suspension. (Minn. Stat. § 121A.41, subd. 10) Over-the-Counter Medication – Board Procedure Addressing Over-the-counter medications (516.00)
Section 504 Students – Students covered by Section 504 of the Rehabilitation Act of 1973 may be disciplined for behavior related to their disabilities, unless the discipline would result in a significant change of placement. A qualified student with a disability may not be suspended for more than 10 cumulative school days without a manifestation determination conducted by the student’s 504 team.
Glossary Administrative Transfer - The transfer of a student from one school to another usually as an intervention resulting from serious or repeated violations of the Student Behavior Handbook. Administrative Placement – A change of placement of a student made for non-disciplinary reasons. Bullying – Any conduct or pattern of behavior committed with the intent to cause distress or to intimidate, embarrass, frighten, or otherwise harm another person. Bus Suspension – An action taken by district and school administration to temporarily revoke a student’s transportation privileges. Contract – A written behavior agreement signed by the student, administrator, and/or parent. Detention – The requirement that a student remain in school or attend school outside of normal class time or school hours. Dismissal (or Removal from School) – An action taken by the school administration requiring a student to leave school for up to one full school day. Educational Intervention Program (EIP) – An alternative to suspension from school. Students who are subject to suspension may be assigned to the EIP program which is located at a site away from the home school. Not available at all sites. Exclusion – An action taken by the Board of Education to prevent enrollment or re-enrollment of a student for a period that shall not extend beyond the current school year. Expulsion – An action taken by the Board of Education to prohibit an enrolled student from further attendance for up to twelve months from the date the student is expelled. Expulsion From Bus – An action taken by school administration to prohibit a student from receiving transportation services from the Saint Paul Public Schools. In-School Monitoring - Also known as a "daily report card." Students may be assigned to carry a monitor form during the day and have teachers record class progress. These forms are then reviewed by the administration and/or parents. In-School Suspension – An action taken by the school administration to prohibit a student from attending classes for a period of time while remaining under the supervision of school staff during the school day.Intent to or Intentionally – "With intent to" or "intentionally" means that the student/actor either has a purpose to do the thing or cause the result specified, or believes that the act, if successful, will cause that result. (Minn. Stat. § 609.02, subd. 9) Loss of Privilege – Examples: loss of recess time, change of lunch table assignment, etc. Mediation – Students who are in conflict with one another may be asked to participate in a mediation session led by a mediator to resolve the issues causing the conflict. Parent – Includes the student’s parent or guardian. Parent Notification/Conference – Administrative discussion or communication with a parent or guardian to address student academic or behavioral issues. Police Notification – If an administrator believes that a student may have violated a law, the police may be called to file a report and/or to assist as necessary. Pupil Problems Committee (PPC) Referral – A staff member or parent who is concerned about the behavior or performance of a student may send a written request for consideration by the PPC to the school’s principal. Referral for Other or Outside Services – Chemical use assessment; Social Worker; Mental Health; etc. Removal from Class – An action taken by a teacher, principal or other school district employees to prohibit a student from attending class for a period of time not to exceed five class or activity periods. Saturday School – A student may be assigned to attend a school session on Saturday morning as a disciplinary action instead of dismissal or suspension. Sexual Contact – Includes the non-consensual touching of the complainant’s intimate parts (as well as the clothing covering the intimate parts) or forcing the complainant to touch any person’s intimate parts, and committed with sexual or aggressive intent. (Minn. Stat. § 609.341, subd. 11) Intimate parts – includes the primary genital area, groin, inner thigh, buttocks or breast. (Minn. Stat. § 609.341, subd. 5) Student Conference – Administrative discussion or communication with student to address student academic or behavioral issues. Suspension – An action taken by the school administration to prohibit a student from attending school for a period of no more than ten (10) school days. An additional five (5) days may be added if exclusion or expulsion is being considered, or if the student’s presence will create an immediate and substantial danger. Warning – An oral or written communication to stop a behavior that interferes with the learning environment or is unsafe.Zero Tolerance Policy – Means if a student has violated a rule to which the zero tolerance policy applies, the building principal must refer the student for expulsion or exclusion. Part D Appendix I Board of Education Policies Board of Education policies are available at the following website: http://staff.spps.org/board/policyabc.lasso Selected Board of Education policies are published below as required by law. 528.01 HAZING PROHIBITION I. PURPOSEThe purpose of this policy is to maintain a safe learning environment for students and staff that are free from hazing. Hazing activities of any type are inconsistent with the educational goals of the school district and are prohibited at all times. II. GENERAL STATEMENT OF POLICYA. No student, teacher, administrator, volunteer, contractor or other employee of the school district shall plan, direct, encourage, aid or engage in hazing. B. No teacher, administrator, volunteer, contractor or other employee of the school district shall permit, condone or tolerate hazing. C. Apparent permission or consent by a person being hazed does not lessen the prohibitions contained in this policy. D. This policy applies to behavior that occurs on or off school property and during or after school hours. E. A person who engages in an act that violates school policy or law in order to be initiated into or affiliated with a student organization shall be subject to discipline for that act. F. The school district will act to investigate all complaints of hazing and will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor, or other employee of the school district who is found to have violated this policy. III. DEFINITIONSA. "Hazing" means committing an act against a student, or coercing a student into committing an act, that creates a substantial risk of harm to a person, in order for the student to be initiated into or affiliated with a student organization, or for any other purpose. The term hazing includes, but is not limited to: 1. Any type of physical brutality such as whipping, beating, striking, branding, electronic shocking or placing a harmful substance on the body. 2. Any type of physical activity such as sleep deprivation, exposure to weather, confinement in a restricted area, calisthenics or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student. 3. Any activity involving the consumption of any alcoholic beverage, drug, tobacco product or any other food, liquid, or substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student. 4. Any activity that intimidates or threatens the student with ostracism, that subjects a student to extreme mental stress, embarrassment, shame or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from remaining in school. 5. Any activity that causes or requires the student to perform a task that involves violation of state or federal law or of school district policies or regulations. B. "Student organization" means a group, club or organization having students as its primary members or participants. It includes grade levels, classes, teams, activities or particular school events. A student organization does not have to be an official school organization to come within the terms of this definition.IV. REPORTING PROCEDURES A. Any person who believes he or she has been the victim of hazing or any person with knowledge or belief of conduct which may constitute hazing shall report the alleged acts immediately to an appropriate school district official designated by this policy. B. The building principal is the person responsible for receiving reports of hazing at the building level. Any person may report hazing directly to a school district human rights officer or to the superintendent. C. Teachers, administrators, volunteers, contractors and other employees of the school district shall be particularly alert to possible situations, circumstances or events which might include hazing. Any such person who receives a report of, observes, or has other knowledge or belief of conduct which may constitute hazing, shall inform the building principal immediately. D. Submission of a good faith complaint or report of hazing will not affect the complainant or reporter’s future employment, grades or work assignments. V. SCHOOL DISTRICT ACTIONA. Upon receipt of a complaint or report of hazing, the school district shall undertake or authorize an investigation by school district officials or a third party designated by the school district. B. The school district may take immediate steps, at its discretion, to protect the complainant, reporter, students, or others pending completion of an investigation of hazing. C. Upon completion of the investigation, the school district will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline prohibited behavior. School district action taken for violation of this policy will be consistent with the requirements of applicable collective bargaining agreements, applicable statutory authority, including the Minnesota Pupil Fair Dismissal Act, school district policies and regulations. VI. REPRISALThe school district will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor or other employee of the school district who retaliates against any person who makes a good faith report of alleged hazing or against any person who testifies, assists, or participates in an investigation, or against any person who testifies, assists or participates in a proceeding or hearing relating to such hazing. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. VII. DISSEMINATION OF POLICYThis policy shall appear in each school’s student handbook and in each school’s building and staff handbooks. CROSS REFERENCES:Policy #506.02 Students/DisciplinePolicy #413.00 Racial Harassment and Racial Bias Appendix II Minnesota Pupil Fair Dismissal Act Minn. Stat. § 121A.40 Citation.Sections 121A.40 to 121A.56 may be cited as the "Pupil Fair Dismissal Act." HIST: 1974 c 572 s 1; 1Sp1997 c 4 art 7 s 10; 1998 c 397 art 9 s 26; art 11 s 3Minn. Stat. § 121A.41 Definitions. Subdivision 1. Applicability. As used in sections 121A.40 to 121A.56, the terms defined in this section shall have the meanings assigned them. Subd. 2. Dismissal. "Dismissal" means the denial of the current educational program to any pupil, including exclusion, expulsion, and suspension. It does not include removal from class. Subd. 3. District. "District" means any school district. Subd. 4. Exclusion. "Exclusion" means an action taken by the school board to prevent enrollment or reenrollment of a pupil for a period that shall not extend beyond the school year. Subd. 5. Expulsion. "Expulsion" means a school board action to prohibit an enrolled pupil from further attendance for up to 12 months from the date the pupil is expelled. Subd. 6. Parent. "Parent" means (a) one of the pupil's parents, (b) in the case of divorce or legal separation, the parent or parents with physical custody of the pupil, including a noncustodial parent with legal custody who has provided the district with a current address and telephone number, or (c) a legally appointed guardian. In the case of a pupil with a disability under the age of 18, parent may include a district-appointed surrogate parent. Subd. 7. Pupil. "Pupil" means any student: (1) without a disability under 21 years of age; or (2) with a disability until September 1 after the child with a disability becomes 22 years of age; (3) and who remains eligible to attend a public elementary or secondary school. Subd. 8. School. "School" means any school defined in section 120A.05, subdivisions 9,11,13, and 17. Subd. 9. School board. "School board" means the governing body of any school district. Subd. 10. Suspension. "Suspension" means an action by the school administration, under rules promulgated by the school board, prohibiting a pupil from attending school for a period of no more than ten school days. If a suspension is longer than five days, the suspending administrator must provide the superintendent with a reason for the longer suspension. This definition does not apply to dismissal from school for one school day or less, except as provided in federal law for a student with a disability. Each suspension action may include a readmission plan. The readmission plan shall include, where appropriate, a provision for implementing alternative educational services upon readmission and may not be used to extend the current suspension. Consistent with section 125A.091, subdivision 5, the readmission plan must not obligate a parent to provide a sympathomimetic medication for the parent's child as a condition of readmission. The school administration may not impose consecutive-suspensions against the same pupil for the same course of conduct, or incident of misconduct, except where the pupil will create an immediate and substantial danger to self or to surrounding persons or property, or where the district is in the process of initiating an expulsion, in which case the school administration may extend the suspension to a total of 15 days. In the case of a student with a disability, the student's individual education plan team must meet immediately but not more than ten 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 and other qualified personnel shall at that 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 or more consecutive days; or (3) the student's total days of removal from the student's placement during the school year exceed ten cumulative days in a school year. The school administration shall implement alternative educational services when the suspension exceeds five days. A separate administrative conference is required for each period of suspension. Subd. 11. Alternative educational services. "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 assessment, homebound instruction, supervised homework, or enrollment in another district or in an alternative learning center under section 123A.05 selected to allow the pupil to progress toward meeting graduation standards under section 120B.02, although in a different setting. HIST: 1974 c 572 s 2; 1975 c 162 s 41; 1983 c 7 s 1; 1983 c 163 s 1; 1983 c 243 s 5 subd 1; 1986 c 444; 1991 c 265 art 3 s 38; 1994 c 647 art 4 s 36; 1995 c 226 art 3 s 9; 1Sp1997 c 4 art 7 s 11-16; 1998 c 397 art 9 s 26; art 11 s 3; 1998 c 398 art 2 s 39-41; 1999 c 123 s 1; 1Sp2001 c 6 art 3 s 1; 1Sp2003 c 9 art 3 s 1 Minn. Stat. § 121A.42 Policy.No public school shall deny due process or equal protection of the law to any public school pupil involved in a dismissal proceeding which may result in suspension, exclusion, or expulsion. HIST: 1974 c 572 s 3; 1998 c 397 art 9 s 26 Minn. Stat. § 121A.43 Exclusion and expulsion of pupils with a disability.When a pupil who has an individual education plan is excluded or expelled under sections 121A.40 to 121A.56 for misbehavior that is not a manifestation of the pupil's disability, the district shall continue to provide special education and related services after a period of suspension, if suspension is imposed. The district shall initiate a review of the pupil's individual education plan and conduct a review of the relationship between the pupil's disability and the behavior subject to disciplinary action and determine the appropriateness of the pupil's education plan before commencing an expulsion or exclusion. HIST: 1991 c 265 art 3 s19,38; 1Sp1997 c 4 art 7 s 17; 1998 c 397 art 9 s 26; art 11 s 3; 1999 c 123 s 2; 1999 c 241 art 2 s 2 Minn. Stat. § 121A.44 Expulsion for possession of firearm.(a) Notwithstanding the time limitation in section 121A.41, subdivision 5, a school board must expel for a period of at least one year a pupil who is determined to have brought a firearm to school except the board may modify this expulsion requirement for a pupil on a case-by-case basis. For the purposes of this section, firearm is as defined in United States Code, title 18, section 921. (b) Notwithstanding chapter 13, a student's expulsion or withdrawal or transfer from a school after an expulsion action is initiated against the student for a weapons violation under paragraph (a) may be disclosed by the school district initiating the expulsion proceeding. Unless the information is otherwise public, the disclosure may be made only to another school district in connection with the possible admission of the student to the other district. HIST: 1995 c 226 art 3 s 10; 1998 c 397 art 9 s 26; art 11 s 3 Minn. Stat. § 121A.45 Grounds for dismissal.Subdivision 1. Provision of alternative programs. No school shall dismiss any pupil without attempting to provide alternative educational services before dismissal proceedings, except where it appears that the pupil will create an immediate and substantial danger to self or to surrounding persons or property. Subd. 2. Grounds for dismissal. A pupil may be dismissed on any of the following grounds: (a) willful violation of any reasonable school board regulation. Such regulation must be clear and definite to provide notice to pupils that they must conform their conduct to its requirements; (b) 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 (c) willful conduct that endangers the pupil or other pupils, or surrounding persons, including school district employees, or property of the school. Subd. 3. Parent notification and meeting. If a pupil's total days of removal from school exceeds ten cumulative days in a school year, the school district shall make reasonable attempts to convene a meeting with the pupil and the pupil's parent or guardian before subsequently removing the pupil from school and, with the permission of the parent or guardian, arrange for a mental health screening for the pupil. The district is not required to pay for the mental health screening. 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 pupil assessed or diagnosed to determine whether the pupil needs treatment for a mental health disorder. HIST: 1974 c 572 s 4; 1978 c 764 s 93; 1986 c 444; 1Sp1997 c 4 art 7 s 18; 1998 c 397 art 9 s 26; 2001 c 183 s 1,2; 2004 c 294 art 2 s 8 Minn. Stat. § 121A.46 Suspension procedures.Subdivision 1. Informal administrative conference before suspension. The school administration shall not suspend a pupil from school without an informal administrative conference with the pupil. The informal administrative conference shall take place before the suspension, except where it appears that the pupil 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. Subd. 2. Administrator notifies pupil of grounds for suspension. At the informal administrative conference, a school administrator shall notify the pupil of the grounds for the suspension, provide an explanation of the evidence the authorities have, and the pupil may present the pupil's version of the facts. Subd. 3. Written notice of grounds for suspension. 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 sections 121A.40 to 121A.56, shall be personally served upon the pupil at or before the time the suspension is to take effect, and upon the pupil's parent or guardian by mail within 48 hours of the conference. The district shall make reasonable efforts to notify the parents of the suspension by telephone as soon as possible following suspension. In the event a pupil is suspended without an informal administrative conference on the grounds that the pupil will create an immediate and substantial danger to surrounding persons or property, the written notice shall be served upon the pupil and the pupil's parent or guardian within 48 hours of the suspension. Service by mail is complete upon mailing. Subd. 4. Suspension pending expulsion or exclusion hearing. Notwithstanding the provisions of subdivisions 1 and 3, the pupil may be suspended pending the school board's decision in the expulsion or exclusion hearing; provided that alternative educational services are implemented to the extent that suspension exceeds five days. HIST: 1974 c 572 s 5; 1978 c 764 s 94; 1986 c 444; 1Sp1997 c 4 art 7 s 19-22; 1998 c 397 art 9 s 26; art 11 s 3 Minn. Stat. § 121A.47 Exclusion and expulsion procedures.Subdivision 1. Requiring a hearing; pupil may waive hearing. No exclusion or expulsion shall be imposed without a hearing, unless the right to a hearing is waived in writing by the pupil and parent or guardian. The action shall be initiated by the school board or its agent. Subd. 2. Written notice. Written notice of intent to take action shall: (a) be served upon the pupil and the pupil's parent or guardian personally or by mail; (b) contain a complete statement of the facts, a list of the witnesses and a description of their testimony; (c) state the date, time, and place of the hearing; (d) be accompanied by a copy of sections 121A.40 to 121A.56; (e) describe alternative educational services accorded the pupil in an attempt to avoid the expulsion proceedings; and (f) inform the pupil and parent or guardian of the right to: (1) have a representative of the pupil’s own choosing, including legal counsel, at the hearing. The district shall advise the pupil'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 Department of Education; (2) examine the pupil's records before the hearing; (3) present evidence; and (4) confront and cross-examine witnesses. Subd. 3. Hearing schedule. The hearing shall be scheduled within ten days of the service of the written notice unless an extension, not to exceed five days, is requested for good cause by the school board, pupil, parent or guardian. Subd. 4. Convenient time and place of hearing. The hearing shall be at a time and place reasonably convenient to pupil, parent or guardian. Subd. 5. Closed or open hearing. The hearing shall be closed unless the pupil, parent or guardian requests an open hearing. Subd. 6. Impartial hearer. The hearing shall take place before: (1) an independent hearing officer; (2) a member of the school board; (3) a committee of the school board; or (4) the full school board; as determined by the school board. The hearing shall be conducted in a fair and impartial manner. Subd. 7. Creating hearing record. The school board shall record the hearing proceedings at district expense, and a party may obtain a transcript at its own expense. Testimony shall be given under oath. The hearing officer or a member of the school board shall have the power to issue subpoenas and administer oaths. Subd. 8. Access to pupil's records. At a reasonable time prior to the hearing, the pupil, parent or guardian, or representative, shall be given access to all public school system records pertaining to the pupil, including any tests or reports upon which the proposed action may be based. Subd. 9. Pupil's right to compel testimony. The pupil, parent or guardian, or representative, shall have the right to compel the attendance of any official employee or agent of the public school system or any public employee or any other person who may have evidence upon which the proposed action may be based, and to confront and to cross-examine any witness testifying for the public school system. Subd. 10. Pupil's right to present evidence and testimony. The pupil, parent or guardian, or representative, shall have the right to present evidence and testimony, including expert psychological or educational testimony. Subd. 11. Pupil not compelled to testify. The pupil cannot be compelled to testify in the dismissal proceedings. Subd. 12. Hearer's recommendation limited to evidence at hearing; service within two days. The recommendation of the hearing officer or school board member or committee shall be based solely upon substantial evidence presented at the hearing and must be made to the school board and served upon the parties within two days of the end of the hearing. Subd. 13. Basis of school board decision; opportunity for comment. The school board shall base its decision upon the recommendation of the hearing officer or school board member or committee and shall render its decision at a meeting held within five days after receiving the recommendation. The school board may provide the parties with the opportunity to present exceptions and comments to the hearing officer's recommendations 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 of the basis and reason for the decision. Subd. 14. Admission or readmission plan. a) A school administrator shall prepare and enforce an admission or readmission plan for any pupil who is excluded or expelled from school. The plan may include measures to improve the pupil's behavior, including completing a character education program, consistent with section 120B.225, subdivision 1, and require parental involvement in the admission or readmission process, and may indicate the consequences to the pupil of not improving the pupil's behavior. (b) The definition of suspension under 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. A readmission plan must provide, where appropriate, alternative education services, which must not be used to extend the student's current suspension period. Consistent with section 125A.091, subdivision 5, a readmission plan must not obligate a parent or guardian to provide psychotropic drugs to their student as a condition of readmission. School officials 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. HIST: 1974 c 572 s 6; 1986 c 444; 1994 c 647 art 4 s 37; 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 art 7 s 23-28; 1998 c 397 art 9 s 26; art 11 s 3; 1998 c 398 art 2 s 42; 2003 c 130 s 12; 1Sp2005 c 5 art 2 s 30
Minn. Stat. § 121A.48 Good faith exception.A violation of the technical provisions of the Pupil Fair Dismissal Act, made in good faith, is not a defense to a disciplinary procedure under the act unless the pupil can demonstrate actual prejudice as a result of the violation. HIST: 1Sp1995 c 3 art 9 s 30; 1Sp1997 c 4 art 7 s 29; 1998 c 397 art 9 s 26 Minn. Stat. § 121A.49 Appeal.A party to an exclusion or expulsion decision made under sections 121A.40 to 121A.56 may appeal the decision to the commissioner of education within 21 calendar days of school board action. Upon being served with a notice of appeal, the district shall provide the commissioner and the parent or guardian with a complete copy of the hearing record within five days of its receipt of the notice of appeal. All written submissions by the appellant must be submitted and served on the respondent within ten days of its actual receipt of the transcript. All written submissions by the respondent must be submitted and served on the appellant within ten days of its actual receipt of the written submissions of the appellant. The decision of the school board must be implemented during the appeal to the commissioner. In an appeal under this section, the commissioner may affirm the decision of the agency, may remand the decision for additional findings, or may reverse or modify the decision if the substantial rights of the petitioners have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) in violation of constitutional provisions; (2) in excess of the statutory authority or jurisdiction of the school district; (3) made upon unlawful procedure, except as provided in section 121A.48; (4) affected by other error of law; (5) unsupported by substantial evidence in view of the entire record submitted; or (6) arbitrary or capricious. The commissioner or the commissioner's representative shall make a final decision based upon the record. The commissioner shall issue a decision within 30 calendar days of receiving the entire record and the parties' written submission on appeal. The commissioner's decision shall be final and binding upon the parties after the time for appeal expires under section 121A.50. HIST: 1974 c 572 s 7; 1986 c 444; 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 art 7 s 30; 1998 c 397 art 9 s 26; art 11 s 3; 1998 c 398 art 2 s 43; 2003 c 130 s 12 Minn. Stat. § 121A.50 Judicial review.The decision of the commissioner of education made under sections 121A.40 to 121 A.56 is subject to judicial review under sections 14.63 to 14.69. The decision of the commissioner is stayed pending an appeal under this section. HIST: 1974 c 572 s 8; 1983 c 247 s 60; 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 art 7 s 31; 1998 c 397 art 9 s 26; art 11 s 3; 2003 c 130 s 12 Minn. Stat. § 121A.51 Reports to service agency.The school board shall report any action taken pursuant to sections 121A.40 to 121A.56 to the appropriate public service agency, when the pupil is under the supervision of such agency. HIST: 1974 c 572 s 9; 1998 c 397 art 9 s 26; art 11 s 3 Minn. Stat. § 121A.52 Nonapplication of compulsory attendance law.The provisions of section 120A.22, subdivision 5, shall not apply to any pupil during a dismissal pursuant to sections 121A.40 to 121A.56. HIST: 1974 c 572s 10; 1989 c 209 art 2 s 11; 1998 c 397 art 9 s 26; art 11 s 3 Minn. Stat. § 121A.53 Report to commissioner of education. Subdivision 1. Exclusions and expulsions. The school board must report through the department electronic reporting system each exclusion or expulsion within 30 days of the effective date of the action to the commissioner of education. This report must include a statement of alternative educational services given the pupil 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. Subd. 2. Report. The school board must include state student identification numbers of affected pupils on all dismissal reports required by the department. The department must report annually to the commissioner summary data on the number of dismissals by age, grade, gender, race, and special education status of the affected pupils. All dismissal reports must be submitted through the department electronic reporting system. HIST: 1974 c 572 s 11; 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 art 7 s 32; 1998 c 397 art 9 s 26; 1998 c 398 art 2 s 44; 2003 c 130 s12; 1Sp2005 c 5 art 2 s 31 Minn. Stat. § 121A.54 Notice of right to be reinstated. Whenever a pupil fails to return to school within ten school days of the termination of dismissal, a school administrator shall inform the pupil and the pupil's parents by mail of the pupil's right to attend and to be reinstated in the public school. HIST: 1974 c 572 s 12; 1986 c 444; 1Sp1997 c 4 art 7 s 33; 1998 c 397 art 9 s 26 Minn. Stat. § 121A.55 Policies to be established.(a) The commissioner of education shall promulgate guidelines to assist each school board. Each school board shall establish uniform criteria for dismissal and adopt written policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies shall emphasize preventing dismissals through early detection of problems and shall be designed to address students' inappropriate behavior from recurring. The policies shall recognize the continuing responsibility of the school for the education of the pupil during the dismissal period. The alternative educational services, if the pupil wishes to take advantage of them, must be adequate to allow the pupil to make progress towards meeting the graduation standards adopted under section 120B.02 and help prepare the pupil for readmission. (b) An area learning center under section 123A.05 may not prohibit an expelled or excluded pupil from enrolling solely because a district expelled or excluded the pupil. The board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to exclude a pupil or to require an admission plan. (c) Each school district shall develop a policy and report it to the commissioner on the appropriate use of peace officers and crisis teams to remove students who have an individualized education plan from school grounds. HIST: 1974 c 572 s 13; 1986 c 444; 1994 c 647 art 4 s 38; 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 art 7 s 34; 1998 c 397 art 9 s 26; art.11 s 3; 1998 c 398 art 2 s 45; 1Sp2003 c 9 art 2 s 4 Minn. Stat. § 121A.56 Application.Subdivision 1. Prohibition against discrimination remains in effect. Sections 121A.40 to 121A.56 shall not be deemed to amend or otherwise affect or change section 363A.13, subdivision 2. Subd. 2. Portions of school program for credit. Sections 121A.40 to 121A.56 shall apply only to those portions of the school program for which credit is granted. HIST: 1974 c 572 s 14,15; 1998 c 397 art 9 s 26; art 11 s 3 Appendix III Other Applicable Laws Minn. Stat. § 609.605, Subd. 4. Trespasses on school property. (a) It is a misdemeanor for a person to enter or be found in a public or nonpublic elementary, middle, or secondary school building unless the person: (1) is an enrolled student in, a parent or guardian of an enrolled student in, or an employee of the school or school district; (2) has permission or an invitation from a school official to be in the building; (3) is attending a school event, class, or meeting to which the person, the public, or a student’s family is invited; or (4) has reported the person’s presence in the school building in the manner required for visitors to the school. (b) It is a misdemeanor for a person to be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||