DISCIPLINE POLICY
#104
HINCKLEY-FINLAYSON PUBLIC SCHOOLS
I. Purpose of Policy
The Purpose of this policy is to ensure that students are aware of and comply with the Hinckley-Finlayson School District’s expectations for student conduct. Student compliance will enhance the school district’s ability to maintain discipline and ensure that there is no interference with the educational process. Hinckley-Finlayson School District will take appropriate disciplinary action when students fail to adhere to the Code of Student Conduct established by this policy.
II. Statement of Policy
The school board recognizes that a fair and equitable district-wide policy will contribute to the quality of education. The school board further recognizes that a balance between authority and self-discipline is necessary for individual progress in education. Without discipline in school, learning cannot occur.
Our goal is to create a positive concept about behavior toward encouraging students to respect themselves, others, and property. Encouraging self-control and self-discipline is stressed. Rewarding students for positive behavior is a primary objective.
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. Consistent negative consequences will be used for instances when students behave in a manner that disrupts teaching and/or learning or interferes with the rights of others or the school routine. This discipline policy is adopted in accordance with and subject to the Minnesota Pupil Fair Dismissal Act, Minn. Stat. 121A.40-121.56
III. Areas of Responsibility
A. The School Board is responsible to:
i. Safeguard the health and safety of each student
ii. Make reasonable rules and regulations for the governing of student behavior and conduct, following state statutes and Department of Education Regulations.
iii. Hold all district personnel responsible for the maintenance of order within the school district.
iv. Support all district personnel in acting within the framework of this discipline policy.
v. Apply this policy district wide, while realizing the uniqueness of each building and recognizing that there are individual building and classroom procedures to implement and supplement the district policies.
B. The Superintendent is responsible to:
i. Foster a school climate that is conducive to wholesome learning and living.
ii. Support principals and teachers in the implementation of board policy.
iii. Promote respect and discipline as being integral parts of the learning climate.
iv. Review plan annually and submit changes to school board for approval.
C. The Principals are responsible to:
i. Implement the policy.
ii. Formulate rules and regulations necessary to enforce the policy, subject to final board approval.
iii. Provide direction and support to all school personnel concerning the policy.
iv. Inform teachers of the disposition of each discipline problem referred to the office.
v. Encourage all staff to be positive in their attitude about student discipline.
vi. Promote positive relationships between school and families/community members.
vii. Inform all staff of their responsibilities concerning the discipline policy.
viii. Monitor the policy and review it annually with all building personnel.
ix. Exercise lawful authority within the discipline policy, including; using reasonable force to correct or restrain a student or prevent bodily harm or death.
D. Teachers are responsible to:
i. Maintain the primary responsibility for student conduct, with appropriate assistance from administration, including enforcing the student code of conduct.
ii. Provide a well planned and organized environment, including daily lesson plans.
iii. Promote positive relationships between school and families/community members. Including; seeking the cooperative aid of parents.
iv. Provide a positive environment that includes: focusing on student’s strengths, knowledge of the discipline code without threats, organizational patterns, and non-argumentative correction of students.
v. Exercise lawful authority within the discipline policy, including using reasonable force to restrain a student or prevent bodily harm or death.
vi. Consistency in behavioral expectations.
vii. Deal with student conduct in a positive and encouraging manner including: discipline in private, avoid ridicule and sarcasm, and providing opportunities for students to correct and change any negative behaviors.
E. Counselors are responsible to:
i. Be aware of discipline problems and assisting students in finding positive solutions.
ii. Make referrals to outside agencies when necessary.
iii. Inform and involve the principal when necessary.
iv. Promote positive relationships between school and families/community members.
v. Inform and involve parents when the principal deems appropriate.
F. Other School District Staff are responsible to:
i. Contribute to an attitude of mutual respect within the school.
ii. Promote positive relationships between school and families/community members.
iii. Exercise lawful authority within the discipline policy, including using reasonable force to restrain a student or prevent bodily harm or death.
iv. Provide a positive environment that includes: focusing on student’s strengths, knowledge of the discipline code without threats, organizational patterns, and non-argumentative correction of students.
G. Parent/Guardians are responsible to:
i. Promote positive relationships between school and families/community members. Contact the school with behavior concerns and / or questions.
ii. Monitor the behavior of their children as determined by law and community practice.
iii. Communicate with their children the importance of homework and success in school.
iv. Support their child by supporting the school district policy.
v. Encourage participation in the full range of school district activities.
IV. Student Rights, all students have the rights to:
A. An education and the right to learn.
B. Equal educational opportunity and the freedom from discrimination.
C. Due process of law.
D. Freedom of inquiry and expression.
E. Personal privacy.
F. Information about district policy and school rules.
V. Student Responsibilities, all students have the responsibility to:
A. Attend school daily, except when excused according to the school attendance policy.
B. Be on time to all classes and school functions.
C. Behave, knowing and obeying district policy and school rules.
D. Conduct themselves in a manner that does not interfere with the rights or safety of others.
E. Make necessary arrangements for making up work when absent from school.
F. Be aware of and comply with federal, state, and local laws.
G. Volunteer information in disciplinary cases should they have any knowledge relating to such cases and to cooperate with school staff as appropriate.
H. Respect and maintain the school’s property and the property of others.
I. Dress and groom in a manner which meets standards of safety and health, and common standards of decency which are consistent with applicable school district policy.
J. Avoid inaccuracies in student publications and refrain from indecent or obscene language.
K. Conduct themselves in an appropriate physical and / or verbal manner.
L. Express ideas in a manner that will not offend and / or slander others.
• Students have the privilege of participating and/or attending extra-curricular activities/ after school activities; this can be taken away at the advisor/staff member or Principal’s discretion, or by the Minnesota State High School League (MSHSL).
VI. Code of Student Conduct:
A. The following are examples of behavior that is subject to disciplinary action. Any student who engages in any of these actions shall be disciplined in accordance with this policy. Students can be disciplined for any action that is disruptive of good order, violates other’s rights, or interferes with the safety or welfare of students or employees. This policy applies to all school buildings, school grounds, all school properties, school sponsored events, activities, trips, school buses, vehicles, bus stops, 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.
i. Attendance problems, including truancy, absenteeism, tardiness, skipping, leaving school grounds without permission.
ii. Possession, sale, distribution or use of tobacco or tobacco products.
iii.Possession, sale, distribution, or use of alcohol, drugs, or controlled substances (including look-alike substances).
iv. Possession, sale, distribution, or misuse of prescription drugs.
v. Possession, using, or distributing items or articles that are illegal or harmful to persons or property, including but not limited to: drug paraphernalia or obscene material.
vi. Possession, use, or distribution of weapons, dangerous items used as a weapon, or look a like weapons including ammunition, bullets, or other projectiles designed or used as a weapon.
vii. Possession, sale, distribution, or use of fireworks, explosives, or combustibles.
viii. Using an ignition device, including butane or disposable lighter inside a district building, unless approved by a school official.
ix. Verbal violations against persons including, but not limited to: hazing, teasing, harassment, using profane or obscene language, instigating others to violence or threatening language.
x. Physical violations against persons including, but not limited to: hazing, harassment, obstruction, bullying, fighting, physical assault, assault with a weapon, sexual assault or illegal sexual contact, consensual sexual contact, or indecent exposure.
xi. Opposition to authority using physical force or violence.
xii. Violations against property including, but not limited to: unauthorized use of school property, damage or destruction of school property or the property of others, failure to compensate for damage or destruction of such property, vandalism, arson, theft, robbery, extortion, possession of stolen property, or trespassing.
xiii. Falsification of records or signatures.
xiv. Acts disruptive to the educational process, including disobedience, disruptive or disrespectful behavior, defiance of authority, insolence, insubordination, failure to identify oneself, use of profanity.
xv. Acts unsafe or disruptive to the entire school, including but not limited to false fire alarms or bomb threats.
xvi. Violations of parking or school traffic rules.
xvii. Possession of libelous, slanderous, or pornographic materials.
xviii. Student attire and personal grooming which creates a danger to health or safety or is disruptive to the educational process.
xix. Gambling, including, but not limited to, playing a game of chance for stakes.
xx. Criminal activity, including violation of any local, state, or federal law.
xxi. Violations of school procedures and/or rules.
VII. Possible Disciplinary Actions:
A. Disciplinary action may include, but is not limited to:
i. Student conference with teacher, principal, counselor, or other school staff
ii. Verbal and / or written warning
iii. Parent contact
iv. Parent conference with teacher, principal, counselor, or other school staff
v. Removal from class
vi. In-school suspension
vii. Suspension from extra-curricular activities
viii.Restriction of privileges
ix. Detention, before school, lunch, and/or after school
x. In-school monitoring or revised class schedule
xi. Referral to in-school support services
xii. Referral to community services or outside agencies
xiii. Financial restitution
xiv. Community service
xv. Community service suspension
xvi. Out of school suspension under the Pupil Fair Dismissal Act
xvii. Assignment to alternative programs
xviii. Exclusion/expulsion under the Pupil Fair Dismissal Act
xix. Preparation of admission or re-admission plan
xx. Referral to police or other law enforcement agency
xxi. A request for a petition to be filed in district court for juvenile delinquency adjudication
xxii. Petition to county court for educational neglect
xxiii. Suspension from the school bus
xxiv. Restitution
xxv. Other disciplinary action as deemed appropriate by the school district
B. Corporal Punishment
i. It is the policy of this school district to discourage the use of corporal punishment. There are many effective means of disciplinary control and restraint, which can be effective, and all such means should be attempted. There are times, however, when the situation is such that it would seem physical force is the only mean, after all others have been tried, to bring a situation under control. To clarify legal implications, the law is quoted below. This law is contained in Minnesota Statutes, 1971, Ch. 609.06, Subd. 6.
ii. 609.06- Authorized use of force. Reasonable force may be used upon or toward the person of another without his consent when the following circumstances exist or the actor reasonably believes them to exist: (Subd. 6)- When used by a parent, guardian, teacher, or other lawful custodian of a child or pupil, in the exercise of lawful authority, to restrain or correct such child or pupil.
C. Pupil and Parent Notification
i. The policy will be reviewed with the students orally during the first two weeks of school. Specific parts of the policy that pertain to the individual school will be incorporated in the student handbook.
ii. Classroom teachers, counselors, and building principals will address portions of the policy periodically throughout the school year.
iii. When a student has violated any of the rules of conduct he/she will be notified of the violation by a staff member. The notification will usually be oral , but also may be in writing. The notification will also include any information concerning the disciplinary action taken by the school.
iv. The parent/guardian will be notified in writing of a violation of the rules that results in a behavior referral. When the principal or his/her designee feel the violation is severe enough to merit immediate parental attention, they will contact the parent or guardian by phone. This notification will include the violation and any disciplinary action taken.
D. Appeals Procedure
i. When the student and/or parent feels that the disciplinary action taken is in error they may appeal the decision. This appeal should be made at the proper level in the chain of command.
ii. The parent and/or student should begin with the beginning level and may follow the chain of command in the appeal:
1. Classroom teacher/staff member
2. Building Principal
3. Superintendent
4. Board of Education
E. Student Discipline Records
i. Records of disciplinary actions will be kept in the student cumulative folder as long as the student is in school.
ii. Cumulative folders are kept for seven years after a student graduates and are then destroyed.
iii. The records are confidential and information contained therein should not be released without prior authorization of the principal or superintendent.
F. Law Enforcement
i. It is the policy of school administrators to cooperate fully with law enforcement officials. However, school administrators will be reluctant to submit the student to any situation at school that would embarrass and/or prejudice a student in the eyes of others.
ii. The superintendent, principal, or designee shall contact law enforcement when they believe a crime has been committed by or against any student of the district.
iii. Whenever law enforcement officials request an interview with a student during school hours the following procedures should be observed:
1. Permission from the principal shall be obtained prior to an interview between a police officer and a student on school property.
2. If the principal deems it advisable to permit the interview (or is mandated by subpoena, warrant, or court order) it shall be conducted in a room removed from observation of other students.
3. If the principal has reason to believe a law has been broken interviews may be granted without parental knowledge or permission.
iv. Outside agencies, such as probation or social workers may interview students with the principal’s knowledge and consent.
VIII. Removal of students from class
A. Teachers have the responsibility of attempting to modify disruptive student behavior by means such as:
i. Conferencing with the student
ii. Using positive reinforcement
iii. Re-assigned seating
iv. Contacting the student’s parents
v. Assigning the student to stay after class to conference
vi. Reminding students of the classroom rules
B. 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.
C. Removal from class or “removal” means any actions taken by a teacher, principal, or other school district employee to prohibit a student from attending class or activity for a period of time not to exceed five days.
D. Grounds for removal from class:
i. 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.
ii. Willful conduct that endangers surrounding persons, including school district employees, the student or other students, or the property of the school or others.
iii. Willful violation of any school rules, regulations, policies, or procedures, including the Code of Student Conduct in this policy.
iv. Other conduct the teacher, or administration deems necessary for removal for at least one class but does not exceed five.
E. Procedures for Removal of a student from class
i. When a student needs to be removed from class that student should be sent to the office or appropriate behavior room with a pass. The principal or office staff will be notified that the student was sent out of class.
ii. If the student refuses to leave the classroom the staff member responsible will call the office to ask for assistance in removal.
iii. When a student is sent out of class for misbehavior, a discipline referral will be filled out the same day. If the teacher is recommending removal from class for more than one day the recommendation should be included on the discipline referral.
F. Responsibility for and Custody of a Student Removed from Class
i. When a student is removed from class he/she should be told where to report. The student must go directly there.
ii. When the student gets to the designated area he/she will have an informal conference.
iii. If a student is non-compliant the office will be notified.
iv. If a student refuses and exits the building, the student will not be readmitted to school and is considered unexcused. The parent and / or guardian will be notified.
G. Procedures for Return of a Student to a Class after Removal
i. Students will be permitted to return to a class that he/she was removed from, only by the Principal or designee after the Principal has deemed it appropriate.
ii. The Principal shall always make an effort to consult with the teacher / staff member that referred the student.
iii. A student will not be removed for more than 5 days without a parent conference.
H. Procedures for Notification
i. Parents will always be notified when a student is removed from class (or receives a behavior referral) in writing.
ii. The Principal / designee or teacher will call home when the Principal feels the infraction merits a phone call.
iii. The notification will include the infraction and disciplinary consequence.
I. Disabled Students, Special Provisions
i. Need for further assessment
1.The Principal or designee will notify case manager when a special education student is reprimanded. The case manager will review the IEP.
2. All facets of this discipline policy are applicable to handicapped students. When a handicapped student is removed from class or is in need of a disciplinary action, the Principal or his / her designee will dill decide whether there is a need for further assessment of the problem. If in his / her judgment there is the need, the matter will be discussed at the next Student Support Team (SST) meeting. The SST will then determine the best course of action for the student.
ii. Review of IEP
1. The Individual Educational Plan (IEP) of a handicapped student will be reviewed whenever there is a referral to the SST. This referral may be for academic or disciplinary reasons.
iii. Referring pupil’s
1. Any teacher may refer a student to the SST for academic or social behavior (discipline) reasons. Referral forms can be obtained from the Principal’s office, it will be an SST team decision as to whether or not a student will be tested or assessed further. These procedures will be followed as outlined in the Procedural Manual of Social behavior.
J. Procedures for Detecting and Addressing Chemical Abuse Problems of Students While on School Premises
i. This information is included in the District Chemical Health Policy.
K. Conduct on school busses and / or school vehicles and consequences that may apply.
i. This information is included in the District Bus Policy.
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.
i. The school will not deny due process of the law to any student involved in a dismissal that may result in suspension, exclusion, or expulsion.
ii. Violations leading to suspension, based upon severity, may also be grounds for actions leading to expulsion, and/or exclusion. A student may be dismissed on any of the following grounds:
1. Willful violation of any reasonable school board regulation, including those found in this policy;
2. Willful conduct that significantly disrupts the rights of others to an education, or the ability of school personnel to perform their duties, or school sponsored extracurricular activities; or
3. Willful conduct that endangers the student or other students, or surrounding persons, including school district employees, or property of the school.
iii. Suspension Procedures
1. "Suspension" means an action by the school administration, under rules promulgated by the School Board, prohibiting a students from attending school for a period of no more that (10) school days; provided, however, if a suspension in longer than (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.
2. 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.
3. 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 disturbance.
B. 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 educational 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.
C. 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.
D. 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 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.
E. 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.40-121 A. 5 6, 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.) 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.
F. 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.
G. 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 that extent that suspension exceeds five (5) days.
X. Expulsion and Exclusion Procedures
A. “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.
B. “Exclusion” means an action taken by the school board to prevent enrollment or reenrollment of a student for a period that shall not extend beyond the school year. The authority to exclude rests with the school board.
C. All expulsion and exclusion proceedings will be held pursuant to and in accordance with the provision of the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40-121A.56.
D. 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.
E. 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 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. §§ 121A40-121A.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 record 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 legal assistance resource list is available from the Minnesota Department of Education (MDE).
F. The hearing shall be scheduled within ten (10) days of the service or 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.
G. 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.
H. The school district shall record the hearing proceedings at district expense, and a party may obtain a transcript at its own expense.
I. The student shall have a right to a representative or the student’s own choosing, including legal counsel, at the student’s sole expense. The school district shall advise the student’s parent or guardian that free or low-cost legal assistance may be available and that a legal assistance resource list is available from MDE. The school board may appoint an attorney to represent the school district in any proceeding.
J. 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.
K. 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.
L. 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.
M. 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 the which proposed dismissal action may be based, and to confront and cross-examine any witnesses testifying for the school district.
N. The student, parent or guardian or authorized representative, shall have the right to present evidence and testimony, including expert psychological or educational testimony.
O. The student cannot be compelled to testify in the dismissal proceedings.
P. 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.
Q. The school 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) or the basis and reason for the decision.
R. A party to an expulsion or exclusion decision made by the school board my 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.
S. 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.
T. 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.
U. Whenever a student fails to return to school within ten (10) 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.
XI. 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 or re-admission.
XII. 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.
XIII. 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.
XIV. Disabled Students
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.
XV. Open Enrolled Students
The school district may terminate the enrollment of a nonresident student enrolled under an Enrollment Option Program (Minn. Stat. § 124D.03) or Enrollment in Nonresident District (Minn. Stat. § 124D.08) at the end of a school year if the student meets the definition of a habitual truant, the student has been provided appropriate services for truancy (Minn. Stat. Ch. 260A), and the student’s case has been referred to juvenile court. The school district may also terminate the enrollment of a nonresident student over the age of sixteen (16) enrolled under an Enrollment Options Program if the student is absent without lawful excuse for one or more periods on fifteen (15) school days and has not lawfully withdrawn from school.
XVI. 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.
XVII. 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 a periodic review of this policy.
Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. Ch. 125A (Students With Disabilities)
Minn. Stat. §§ 12 1 A.40-12 I A.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: MSBA/MASA Model Policy 413 (Harassment and Violence)
MSBA/MASA Model Policy 501 (School Weapons)
MSBA/MASA Model Policy 503 (Student Attendance)
MSBA/MASA Model Policy 504 (Student Dress and Appearance)
MSBA/MASA Model Policy 505 (Distribution of Non-School Sponsored)
Reapproved 9/13/2021
#104
HINCKLEY-FINLAYSON PUBLIC SCHOOLS
I. Purpose of Policy
The Purpose of this policy is to ensure that students are aware of and comply with the Hinckley-Finlayson School District’s expectations for student conduct. Student compliance will enhance the school district’s ability to maintain discipline and ensure that there is no interference with the educational process. Hinckley-Finlayson School District will take appropriate disciplinary action when students fail to adhere to the Code of Student Conduct established by this policy.
II. Statement of Policy
The school board recognizes that a fair and equitable district-wide policy will contribute to the quality of education. The school board further recognizes that a balance between authority and self-discipline is necessary for individual progress in education. Without discipline in school, learning cannot occur.
Our goal is to create a positive concept about behavior toward encouraging students to respect themselves, others, and property. Encouraging self-control and self-discipline is stressed. Rewarding students for positive behavior is a primary objective.
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. Consistent negative consequences will be used for instances when students behave in a manner that disrupts teaching and/or learning or interferes with the rights of others or the school routine. This discipline policy is adopted in accordance with and subject to the Minnesota Pupil Fair Dismissal Act, Minn. Stat. 121A.40-121.56
III. Areas of Responsibility
A. The School Board is responsible to:
i. Safeguard the health and safety of each student
ii. Make reasonable rules and regulations for the governing of student behavior and conduct, following state statutes and Department of Education Regulations.
iii. Hold all district personnel responsible for the maintenance of order within the school district.
iv. Support all district personnel in acting within the framework of this discipline policy.
v. Apply this policy district wide, while realizing the uniqueness of each building and recognizing that there are individual building and classroom procedures to implement and supplement the district policies.
B. The Superintendent is responsible to:
i. Foster a school climate that is conducive to wholesome learning and living.
ii. Support principals and teachers in the implementation of board policy.
iii. Promote respect and discipline as being integral parts of the learning climate.
iv. Review plan annually and submit changes to school board for approval.
C. The Principals are responsible to:
i. Implement the policy.
ii. Formulate rules and regulations necessary to enforce the policy, subject to final board approval.
iii. Provide direction and support to all school personnel concerning the policy.
iv. Inform teachers of the disposition of each discipline problem referred to the office.
v. Encourage all staff to be positive in their attitude about student discipline.
vi. Promote positive relationships between school and families/community members.
vii. Inform all staff of their responsibilities concerning the discipline policy.
viii. Monitor the policy and review it annually with all building personnel.
ix. Exercise lawful authority within the discipline policy, including; using reasonable force to correct or restrain a student or prevent bodily harm or death.
D. Teachers are responsible to:
i. Maintain the primary responsibility for student conduct, with appropriate assistance from administration, including enforcing the student code of conduct.
ii. Provide a well planned and organized environment, including daily lesson plans.
iii. Promote positive relationships between school and families/community members. Including; seeking the cooperative aid of parents.
iv. Provide a positive environment that includes: focusing on student’s strengths, knowledge of the discipline code without threats, organizational patterns, and non-argumentative correction of students.
v. Exercise lawful authority within the discipline policy, including using reasonable force to restrain a student or prevent bodily harm or death.
vi. Consistency in behavioral expectations.
vii. Deal with student conduct in a positive and encouraging manner including: discipline in private, avoid ridicule and sarcasm, and providing opportunities for students to correct and change any negative behaviors.
E. Counselors are responsible to:
i. Be aware of discipline problems and assisting students in finding positive solutions.
ii. Make referrals to outside agencies when necessary.
iii. Inform and involve the principal when necessary.
iv. Promote positive relationships between school and families/community members.
v. Inform and involve parents when the principal deems appropriate.
F. Other School District Staff are responsible to:
i. Contribute to an attitude of mutual respect within the school.
ii. Promote positive relationships between school and families/community members.
iii. Exercise lawful authority within the discipline policy, including using reasonable force to restrain a student or prevent bodily harm or death.
iv. Provide a positive environment that includes: focusing on student’s strengths, knowledge of the discipline code without threats, organizational patterns, and non-argumentative correction of students.
G. Parent/Guardians are responsible to:
i. Promote positive relationships between school and families/community members. Contact the school with behavior concerns and / or questions.
ii. Monitor the behavior of their children as determined by law and community practice.
iii. Communicate with their children the importance of homework and success in school.
iv. Support their child by supporting the school district policy.
v. Encourage participation in the full range of school district activities.
IV. Student Rights, all students have the rights to:
A. An education and the right to learn.
B. Equal educational opportunity and the freedom from discrimination.
C. Due process of law.
D. Freedom of inquiry and expression.
E. Personal privacy.
F. Information about district policy and school rules.
V. Student Responsibilities, all students have the responsibility to:
A. Attend school daily, except when excused according to the school attendance policy.
B. Be on time to all classes and school functions.
C. Behave, knowing and obeying district policy and school rules.
D. Conduct themselves in a manner that does not interfere with the rights or safety of others.
E. Make necessary arrangements for making up work when absent from school.
F. Be aware of and comply with federal, state, and local laws.
G. Volunteer information in disciplinary cases should they have any knowledge relating to such cases and to cooperate with school staff as appropriate.
H. Respect and maintain the school’s property and the property of others.
I. Dress and groom in a manner which meets standards of safety and health, and common standards of decency which are consistent with applicable school district policy.
J. Avoid inaccuracies in student publications and refrain from indecent or obscene language.
K. Conduct themselves in an appropriate physical and / or verbal manner.
L. Express ideas in a manner that will not offend and / or slander others.
• Students have the privilege of participating and/or attending extra-curricular activities/ after school activities; this can be taken away at the advisor/staff member or Principal’s discretion, or by the Minnesota State High School League (MSHSL).
VI. Code of Student Conduct:
A. The following are examples of behavior that is subject to disciplinary action. Any student who engages in any of these actions shall be disciplined in accordance with this policy. Students can be disciplined for any action that is disruptive of good order, violates other’s rights, or interferes with the safety or welfare of students or employees. This policy applies to all school buildings, school grounds, all school properties, school sponsored events, activities, trips, school buses, vehicles, bus stops, 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.
i. Attendance problems, including truancy, absenteeism, tardiness, skipping, leaving school grounds without permission.
ii. Possession, sale, distribution or use of tobacco or tobacco products.
iii.Possession, sale, distribution, or use of alcohol, drugs, or controlled substances (including look-alike substances).
iv. Possession, sale, distribution, or misuse of prescription drugs.
v. Possession, using, or distributing items or articles that are illegal or harmful to persons or property, including but not limited to: drug paraphernalia or obscene material.
vi. Possession, use, or distribution of weapons, dangerous items used as a weapon, or look a like weapons including ammunition, bullets, or other projectiles designed or used as a weapon.
vii. Possession, sale, distribution, or use of fireworks, explosives, or combustibles.
viii. Using an ignition device, including butane or disposable lighter inside a district building, unless approved by a school official.
ix. Verbal violations against persons including, but not limited to: hazing, teasing, harassment, using profane or obscene language, instigating others to violence or threatening language.
x. Physical violations against persons including, but not limited to: hazing, harassment, obstruction, bullying, fighting, physical assault, assault with a weapon, sexual assault or illegal sexual contact, consensual sexual contact, or indecent exposure.
xi. Opposition to authority using physical force or violence.
xii. Violations against property including, but not limited to: unauthorized use of school property, damage or destruction of school property or the property of others, failure to compensate for damage or destruction of such property, vandalism, arson, theft, robbery, extortion, possession of stolen property, or trespassing.
xiii. Falsification of records or signatures.
xiv. Acts disruptive to the educational process, including disobedience, disruptive or disrespectful behavior, defiance of authority, insolence, insubordination, failure to identify oneself, use of profanity.
xv. Acts unsafe or disruptive to the entire school, including but not limited to false fire alarms or bomb threats.
xvi. Violations of parking or school traffic rules.
xvii. Possession of libelous, slanderous, or pornographic materials.
xviii. Student attire and personal grooming which creates a danger to health or safety or is disruptive to the educational process.
xix. Gambling, including, but not limited to, playing a game of chance for stakes.
xx. Criminal activity, including violation of any local, state, or federal law.
xxi. Violations of school procedures and/or rules.
VII. Possible Disciplinary Actions:
A. Disciplinary action may include, but is not limited to:
i. Student conference with teacher, principal, counselor, or other school staff
ii. Verbal and / or written warning
iii. Parent contact
iv. Parent conference with teacher, principal, counselor, or other school staff
v. Removal from class
vi. In-school suspension
vii. Suspension from extra-curricular activities
viii.Restriction of privileges
ix. Detention, before school, lunch, and/or after school
x. In-school monitoring or revised class schedule
xi. Referral to in-school support services
xii. Referral to community services or outside agencies
xiii. Financial restitution
xiv. Community service
xv. Community service suspension
xvi. Out of school suspension under the Pupil Fair Dismissal Act
xvii. Assignment to alternative programs
xviii. Exclusion/expulsion under the Pupil Fair Dismissal Act
xix. Preparation of admission or re-admission plan
xx. Referral to police or other law enforcement agency
xxi. A request for a petition to be filed in district court for juvenile delinquency adjudication
xxii. Petition to county court for educational neglect
xxiii. Suspension from the school bus
xxiv. Restitution
xxv. Other disciplinary action as deemed appropriate by the school district
B. Corporal Punishment
i. It is the policy of this school district to discourage the use of corporal punishment. There are many effective means of disciplinary control and restraint, which can be effective, and all such means should be attempted. There are times, however, when the situation is such that it would seem physical force is the only mean, after all others have been tried, to bring a situation under control. To clarify legal implications, the law is quoted below. This law is contained in Minnesota Statutes, 1971, Ch. 609.06, Subd. 6.
ii. 609.06- Authorized use of force. Reasonable force may be used upon or toward the person of another without his consent when the following circumstances exist or the actor reasonably believes them to exist: (Subd. 6)- When used by a parent, guardian, teacher, or other lawful custodian of a child or pupil, in the exercise of lawful authority, to restrain or correct such child or pupil.
C. Pupil and Parent Notification
i. The policy will be reviewed with the students orally during the first two weeks of school. Specific parts of the policy that pertain to the individual school will be incorporated in the student handbook.
ii. Classroom teachers, counselors, and building principals will address portions of the policy periodically throughout the school year.
iii. When a student has violated any of the rules of conduct he/she will be notified of the violation by a staff member. The notification will usually be oral , but also may be in writing. The notification will also include any information concerning the disciplinary action taken by the school.
iv. The parent/guardian will be notified in writing of a violation of the rules that results in a behavior referral. When the principal or his/her designee feel the violation is severe enough to merit immediate parental attention, they will contact the parent or guardian by phone. This notification will include the violation and any disciplinary action taken.
D. Appeals Procedure
i. When the student and/or parent feels that the disciplinary action taken is in error they may appeal the decision. This appeal should be made at the proper level in the chain of command.
ii. The parent and/or student should begin with the beginning level and may follow the chain of command in the appeal:
1. Classroom teacher/staff member
2. Building Principal
3. Superintendent
4. Board of Education
E. Student Discipline Records
i. Records of disciplinary actions will be kept in the student cumulative folder as long as the student is in school.
ii. Cumulative folders are kept for seven years after a student graduates and are then destroyed.
iii. The records are confidential and information contained therein should not be released without prior authorization of the principal or superintendent.
F. Law Enforcement
i. It is the policy of school administrators to cooperate fully with law enforcement officials. However, school administrators will be reluctant to submit the student to any situation at school that would embarrass and/or prejudice a student in the eyes of others.
ii. The superintendent, principal, or designee shall contact law enforcement when they believe a crime has been committed by or against any student of the district.
iii. Whenever law enforcement officials request an interview with a student during school hours the following procedures should be observed:
1. Permission from the principal shall be obtained prior to an interview between a police officer and a student on school property.
2. If the principal deems it advisable to permit the interview (or is mandated by subpoena, warrant, or court order) it shall be conducted in a room removed from observation of other students.
3. If the principal has reason to believe a law has been broken interviews may be granted without parental knowledge or permission.
iv. Outside agencies, such as probation or social workers may interview students with the principal’s knowledge and consent.
VIII. Removal of students from class
A. Teachers have the responsibility of attempting to modify disruptive student behavior by means such as:
i. Conferencing with the student
ii. Using positive reinforcement
iii. Re-assigned seating
iv. Contacting the student’s parents
v. Assigning the student to stay after class to conference
vi. Reminding students of the classroom rules
B. 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.
C. Removal from class or “removal” means any actions taken by a teacher, principal, or other school district employee to prohibit a student from attending class or activity for a period of time not to exceed five days.
D. Grounds for removal from class:
i. 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.
ii. Willful conduct that endangers surrounding persons, including school district employees, the student or other students, or the property of the school or others.
iii. Willful violation of any school rules, regulations, policies, or procedures, including the Code of Student Conduct in this policy.
iv. Other conduct the teacher, or administration deems necessary for removal for at least one class but does not exceed five.
E. Procedures for Removal of a student from class
i. When a student needs to be removed from class that student should be sent to the office or appropriate behavior room with a pass. The principal or office staff will be notified that the student was sent out of class.
ii. If the student refuses to leave the classroom the staff member responsible will call the office to ask for assistance in removal.
iii. When a student is sent out of class for misbehavior, a discipline referral will be filled out the same day. If the teacher is recommending removal from class for more than one day the recommendation should be included on the discipline referral.
F. Responsibility for and Custody of a Student Removed from Class
i. When a student is removed from class he/she should be told where to report. The student must go directly there.
ii. When the student gets to the designated area he/she will have an informal conference.
iii. If a student is non-compliant the office will be notified.
iv. If a student refuses and exits the building, the student will not be readmitted to school and is considered unexcused. The parent and / or guardian will be notified.
G. Procedures for Return of a Student to a Class after Removal
i. Students will be permitted to return to a class that he/she was removed from, only by the Principal or designee after the Principal has deemed it appropriate.
ii. The Principal shall always make an effort to consult with the teacher / staff member that referred the student.
iii. A student will not be removed for more than 5 days without a parent conference.
H. Procedures for Notification
i. Parents will always be notified when a student is removed from class (or receives a behavior referral) in writing.
ii. The Principal / designee or teacher will call home when the Principal feels the infraction merits a phone call.
iii. The notification will include the infraction and disciplinary consequence.
I. Disabled Students, Special Provisions
i. Need for further assessment
1.The Principal or designee will notify case manager when a special education student is reprimanded. The case manager will review the IEP.
2. All facets of this discipline policy are applicable to handicapped students. When a handicapped student is removed from class or is in need of a disciplinary action, the Principal or his / her designee will dill decide whether there is a need for further assessment of the problem. If in his / her judgment there is the need, the matter will be discussed at the next Student Support Team (SST) meeting. The SST will then determine the best course of action for the student.
ii. Review of IEP
1. The Individual Educational Plan (IEP) of a handicapped student will be reviewed whenever there is a referral to the SST. This referral may be for academic or disciplinary reasons.
iii. Referring pupil’s
1. Any teacher may refer a student to the SST for academic or social behavior (discipline) reasons. Referral forms can be obtained from the Principal’s office, it will be an SST team decision as to whether or not a student will be tested or assessed further. These procedures will be followed as outlined in the Procedural Manual of Social behavior.
J. Procedures for Detecting and Addressing Chemical Abuse Problems of Students While on School Premises
i. This information is included in the District Chemical Health Policy.
K. Conduct on school busses and / or school vehicles and consequences that may apply.
i. This information is included in the District Bus Policy.
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.
i. The school will not deny due process of the law to any student involved in a dismissal that may result in suspension, exclusion, or expulsion.
ii. Violations leading to suspension, based upon severity, may also be grounds for actions leading to expulsion, and/or exclusion. A student may be dismissed on any of the following grounds:
1. Willful violation of any reasonable school board regulation, including those found in this policy;
2. Willful conduct that significantly disrupts the rights of others to an education, or the ability of school personnel to perform their duties, or school sponsored extracurricular activities; or
3. Willful conduct that endangers the student or other students, or surrounding persons, including school district employees, or property of the school.
iii. Suspension Procedures
1. "Suspension" means an action by the school administration, under rules promulgated by the School Board, prohibiting a students from attending school for a period of no more that (10) school days; provided, however, if a suspension in longer than (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.
2. 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.
3. 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 disturbance.
B. 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 educational 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.
C. 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.
D. 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 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.
E. 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.40-121 A. 5 6, 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.) 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.
F. 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.
G. 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 that extent that suspension exceeds five (5) days.
X. Expulsion and Exclusion Procedures
A. “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.
B. “Exclusion” means an action taken by the school board to prevent enrollment or reenrollment of a student for a period that shall not extend beyond the school year. The authority to exclude rests with the school board.
C. All expulsion and exclusion proceedings will be held pursuant to and in accordance with the provision of the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40-121A.56.
D. 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.
E. 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 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. §§ 121A40-121A.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 record 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 legal assistance resource list is available from the Minnesota Department of Education (MDE).
F. The hearing shall be scheduled within ten (10) days of the service or 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.
G. 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.
H. The school district shall record the hearing proceedings at district expense, and a party may obtain a transcript at its own expense.
I. The student shall have a right to a representative or the student’s own choosing, including legal counsel, at the student’s sole expense. The school district shall advise the student’s parent or guardian that free or low-cost legal assistance may be available and that a legal assistance resource list is available from MDE. The school board may appoint an attorney to represent the school district in any proceeding.
J. 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.
K. 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.
L. 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.
M. 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 the which proposed dismissal action may be based, and to confront and cross-examine any witnesses testifying for the school district.
N. The student, parent or guardian or authorized representative, shall have the right to present evidence and testimony, including expert psychological or educational testimony.
O. The student cannot be compelled to testify in the dismissal proceedings.
P. 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.
Q. The school 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) or the basis and reason for the decision.
R. A party to an expulsion or exclusion decision made by the school board my 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.
S. 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.
T. 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.
U. Whenever a student fails to return to school within ten (10) 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.
XI. 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 or re-admission.
XII. 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.
XIII. 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.
XIV. Disabled Students
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.
XV. Open Enrolled Students
The school district may terminate the enrollment of a nonresident student enrolled under an Enrollment Option Program (Minn. Stat. § 124D.03) or Enrollment in Nonresident District (Minn. Stat. § 124D.08) at the end of a school year if the student meets the definition of a habitual truant, the student has been provided appropriate services for truancy (Minn. Stat. Ch. 260A), and the student’s case has been referred to juvenile court. The school district may also terminate the enrollment of a nonresident student over the age of sixteen (16) enrolled under an Enrollment Options Program if the student is absent without lawful excuse for one or more periods on fifteen (15) school days and has not lawfully withdrawn from school.
XVI. 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.
XVII. 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 a periodic review of this policy.
Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. Ch. 125A (Students With Disabilities)
Minn. Stat. §§ 12 1 A.40-12 I A.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: MSBA/MASA Model Policy 413 (Harassment and Violence)
MSBA/MASA Model Policy 501 (School Weapons)
MSBA/MASA Model Policy 503 (Student Attendance)
MSBA/MASA Model Policy 504 (Student Dress and Appearance)
MSBA/MASA Model Policy 505 (Distribution of Non-School Sponsored)
Reapproved 9/13/2021