I.    PURPOSE

The purpose of this policy is to ensure that students are aware of and comply with the Minnetonka School District’s expectations for student conduct. Such compliance will enhance the District’s ability to maintain discipline and ensure that there is no interference with the educational process. The District will take appropriate disciplinary action when students fail to adhere to the Code of Student Conduct established by this policy.

II.    GENERAL STATEMENT OF POLICY

The School Board recognizes that individual responsibility and mutual respect are essential components of the educational process. The Board further recognizes that each student is of primary importance and is closely linked with the balance that must be maintained between authority and self-discipline as the individual progresses from a child’s dependence on authority to the more mature behavior of self-control.

All students are entitled to learn and develop in a setting which promotes respect of self, others and property. Proper positive discipline can only result from an environment which provides options and stresses student self-direction, decision-making and responsibility. Schools can function effectively only with internal discipline based on mutual understanding of rights and responsibilities.

Students must conduct themselves in an appropriate manner that maintains a climate in which learning can take place. Overall decorum affects student attitudes and influences student behavior. Proper student conduct is necessary to facilitate the education process and to create an atmosphere conducive to high student achievement.

Although this policy emphasizes the development of self-discipline, it is recognized that there are instances when it will be necessary to administer disciplinary measures. It is the position of the District that a fair and equitable District-wide student discipline policy will contribute to the quality of the student's educational experience. This discipline policy is adopted in accordance with and subject to the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40 through 121A.56.

In view of the foregoing and in accordance with Minn. Stat. § 121A.55, the Board, with the participation of District administrators, teachers, employees, students, parents, community members and such other individuals and organizations as appropriate, has developed this policy which governs student conduct and applies to all students of the District.

III.    AREAS OF RESPONSIBILITY

1. School Board. The Board holds all school personnel responsible for the maintenance of order within the District and supports all personnel acting within the framework of this discipline policy.
    
2. Superintendent. The Superintendent shall establish guidelines and directives to carry out this policy, hold all school personnel, students and parents responsible for conforming to this policy, and support all school personnel performing their duties within the framework of this policy. The Superintendent shall also establish guidelines and directives for using the services of appropriate agencies for assisting students and parents. Any guidelines or directives established to implement this policy shall be submitted to the Board for approval and shall be attached as an addendum to this policy.
    
3. Principal. The school principal is given the responsibility and authority to formulate building rules and regulations necessary to enforce this policy, subject to final Board approval. The principal shall give direction and support to all school personnel performing their duties within the framework of this policy. The principal shall consult with parents of students conducting themselves in a manner contrary to the policy. The principal shall also involve other professional employees in the disposition of behavior referrals and shall make use of those agencies appropriate for assisting students and parents. A principal, in exercising the person’s lawful authority, may use reasonable force when it is necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to the student or another person.
    
4. Teachers. All teachers shall be responsible for providing a well-planned teaching/learning environment and shall have primary responsibility for student conduct, with appropriate assistance from the administration. All teachers shall enforce the Code of Student Conduct. In exercising the teacher’s lawful authority, a teacher may use reasonable force when it is necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to the student or another person.
    
5. Other District Personnel. All District personnel shall be responsible for contributing to the atmosphere of mutual respect within the school. Their responsibilities relating to student behavior shall be as authorized and directed by the superintendent. A school employee or bus driver, in exercising the person’s lawful authority, may use reasonable force when it is necessary under the circumstances to restrain a student or prevent bodily harm or death to another.
    
6. Parents or Legal Guardians. Parents and guardians shall be held responsible for the behavior of their children as determined by law and community practice. They are expected to cooperate with school authorities and to participate regarding the behavior of their children.
    
7. Students. All students shall be held individually responsible for their behavior and for knowing and obeying the Code of Student Conduct and this policy.
    
8. Community Members. Members of the community are expected to contribute to the establishment of an atmosphere in which rights and duties are effectively acknowledged and fulfilled.

IV.    STUDENT RIGHTS

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

V.    STUDENT RESPONSIBILITIES

All students have the responsibility:

1. for their behavior and for knowing and obeying all school rules, regulations, policies and procedures;
    
2. to attend school daily, except when excused, and to be on time to all classes and other school functions;
    
3. to pursue and attempt to complete the courses of study prescribed by the state and local school authorities;
    
4. to make necessary arrangements for making up work when absent from school;
    
5. to assist the school staff in maintaining a safe school for all students;
    
6. to be aware of all school rules, regulations, policies and procedures, including those in this policy, and to conduct themselves in accord with them;
    
7. to assume that until a rule or policy is waived, altered or repealed, it is in full force and effect;
    
8. to be aware of and comply with federal, state and local laws; 
    
9. to volunteer information in disciplinary cases should they have any knowledge relating to such cases and to cooperate with school staff as appropriate;
    
10. to respect and maintain the school’s property and the property of others;
     
11. to dress and groom in a manner which meets standards of safety and health and common standards of decency and which is consistent with applicable District policy;
     
12. to avoid inaccuracies in student newspapers or publications and refrain from indecent or obscene language;
     
13. to conduct themselves in an appropriate physical or verbal manner; and
     
14. to recognize and respect the rights of others.

VI.    CODE OF STUDENT CONDUCT

1. The following are examples of unacceptable behavior subject to disciplinary action by the District. Any student who engages in any of these activities shall be disciplined in accordance with this policy. This policy applies to all school buildings, school grounds and school property, school-sponsored activities or trips, school bus stops, school buses, school vehicles, school contracted vehicles or any other vehicles approved for District purposes, the area of entrance or departure from school premises or events, and all school-related functions. This policy also applies to any student whose conduct at any time or in any place interferes with or obstructs the mission or operations of the District or the safety or welfare of the student, other students or employees.
    
   1. Violations against property including, but not limited to, damage to or destruction of school property or the property of others, failure to compensate for damage or destruction of such property, arson, breaking and entering, theft, robbery, possession of stolen property, extortion, trespassing, unauthorized usage, or vandalism;
       
   2. The use of profanity or obscene language, or the possession of obscene materials;
       
   3. Gambling, including, but not limited to, playing a game of chance for stakes;
       
   4. Hazing;
       
   5. Attendance problems including, but not limited to, truancy, absenteeism, tardiness, skipping classes, or leaving school grounds without permission;
       
   6. Opposition to authority;
       
   7. Using, possessing or distributing tobacco or tobacco paraphernalia;
       
   8. Using, possessing, distributing or being under the influence of alcohol or other intoxicating substances or look-alike substances;
       
   9. Using, possessing, distributing or being under the influence of narcotics, drugs or other controlled substances, or look-alike substances, except as prescribed by a physician;
       
   10. Using, possessing or distributing items or articles that are illegal or harmful to persons or property including, but not limited to, drug paraphernalia;
        
   11. Using, possessing or distributing weapons, or look-alike weapons or other dangerous objects;
        
   12. Violation of the District Weapons Policy;
        
   13. Possession of ammunition including, but not limited to, bullets or other projectiles designed to be used in or as a weapon;
        
   14. Possession, use or distribution of explosives or any compound or mixture, the primary or common purpose or intended use of which is to function by explosion;
        
   15. Possession, use or distribution of fireworks or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation;
        
   16. Using an ignition device, including a butane or disposable lighter or matches, inside an educational building and under circumstances where there is a risk of fire, except where the device is used in a manner authorized by the school.
        
   17. Violation of any local, state or federal law as appropriate;
        
   18. Acts disruptive of the educational process, including, but not limited to, disobedience, disruptive or disrespectful behavior, defiance of authority, cheating, insolence, insubordination, failure to identify oneself, improper activation of fire alarms, or bomb threats;
        
   19. Possession of nuisance devices or objects which cause distractions.
        
   20. Violation of school bus or transportation rules or the school bus safety policy;
        
   21. Violation of parking or school traffic rules and regulations, including, but not limited to, driving on school property in such a manner as to endanger persons or property;
        
   22. Violation of directives or guidelines relating to lockers or improperly gaining access to a school locker;
        
   23. Possession or distribution of slanderous, libelous or pornographic materials;
        
   24. Student attire or personal grooming which creates a danger to health or safety or creates a disruption to the educational process, including clothing which bears a message which is lewd, vulgar, or obscene, apparel promoting products or activities that are illegal for use by minors, or clothing containing objectionable emblems, signs, words, objects, or pictures communicating a message that is racist, sexist, or otherwise derogatory to a protected minority group or which connotes gang membership;
        
   25. Criminal activity;
        
   26. Falsification of any records, documents, notes or signatures;
        
   27. Tampering with, changing, or altering records or documents of the District by any method including, but not limited to, computer access or other electronic means;
        
   28. Scholastic dishonesty which includes, but is not limited to, cheating on a school assignment, plagiarism or collusion;
        
   29. Impertinent or disrespectful language toward teachers or other District personnel;
        
   30. Sexual and/or racial abuse and/or harassment;
        
   31. Actions, including fighting or any other assaultive behavior, which causes or could cause injury to the student or other persons or which otherwise endangers the health, safety, or welfare of teachers, students, other District personnel, or other persons;
        
   32. Committing an act which inflicts great bodily harm upon another person, even though accidental or a result of poor judgment;
        
   33. Violations against persons, including, but not limited to, assault or threatened assault, fighting, harassment, interference or obstruction, attack with a weapon, or look-alike weapon, sexual assault, illegal or inappropriate sexual conduct, or indecent exposure;
        
   34. Verbal assaults, or verbally abusive behavior, including, but not limited to, use of language that is discriminatory, abusive, obscene, threatening, intimidating or that degrades other people;
        
   35. Physical or verbal threats, including, but not limited to, the staging or reporting of dangerous or hazardous situations that do not exist;
        
   36. Inappropriate, abusive, threatening, or demeaning actions based on race, color, creed, religion, sex, marital status, status with regard to public assistance, disability, national origin or sexual orientation;
        
   37. Violation of school rules, regulations, policies or procedures;
        
   38. Other acts, as determined by the District, which are disruptive of the educational process or dangerous or detrimental to the student or other students, District personnel or surrounding persons, or which violate the rights of others or which damage or endanger the property of the school, or which otherwise interferes with or obstruct the mission or operations of the District or the safety or welfare of students or employees.

VII.    DISCIPLINARY ACTION OPTIONS

It is the general policy of the District to utilize progressive discipline to the extent reasonable and appropriate based upon the specific facts and circumstances of student misconduct. The specific form of discipline chosen in a particular case is solely within the discretion of the District. At a minimum, violation of District rules, regulations, policies or procedures will result in discussion of the violation and a verbal warning. The District shall, however, impose more severe disciplinary sanctions for any violation, including exclusion or expulsion, if warranted by the student’s misconduct, as determined by the District. Disciplinary action may include, but is not limited to, one or more of the following:

A.    Student conference with teacher, principal, counselor or other District personnel, and verbal warning;

B.    Parent contact;

C.    Parent conference;

D.    Removal from class;

E.    In-school suspension;

F.    Suspension from extracurricular activities;

G.    Detention or restriction of privileges;

H.    Loss of school privileges;

I.    In-school monitoring or revised class schedule;

J.    Referral to in-school support services;

K.    Referral to community resources or outside agency services;

L.    Financial restitution;

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

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

O.    Preparation of an admission or verbal or written readmission plan;

P.    Expulsion under the Pupil Fair Dismissal Act;

Q.    Exclusion under the Pupil Fair Dismissal Act;

R.    Other disciplinary action as deemed appropriate by the District.

VIII.    REMOVAL OF STUDENTS FROM CLASS

1. Teachers have the responsibility of attempting to modify disruptive student behavior by such means as conferring with the student, using positive reinforcement, assigning detention or other consequences, or contacting the student’s parents. When such measures fail, or when the teacher determines it is otherwise appropriate based upon the student’s conduct, the teacher shall have the authority to remove the student from class pursuant to the procedures established by this discipline policy. “Removal from class” and “removal” mean any actions taken by a teacher, principal, or other District employee to prohibit a student from attending a class or activity period for a period of time not to exceed five (5) days, pursuant to this discipline policy.
   
   Grounds for removal from class shall include any of the following:
    
   1. Willful conduct that disrupts the rights of others to an education, including conduct that interferes with a teacher’s ability to teach or communicate effectively with students in a class or with the ability of other students to learn;
       
   2. Willful conduct that endangers surrounding persons, including District employees, the student or other students, or the property of the school;
       
   3. Willful violation of any school rules, regulations, policies or procedures, including the Code of Student Conduct in this policy; or
       
   4. Other conduct, which in the discretion of the teacher or administration, requires removal of the student from class.

    Such removal shall be for at least one (1) activity period or class period of instruction for a given course of study and shall not exceed five (5) such periods

2. If a student is removed from class more than ten times in a school year, the District shall notify the parent or guardian of the student’s tenth removal from class and make reasonable attempts to convene a meeting with the student’s parent or guardian to discuss the problem that is causing the student to be removed from class.

IX.    DISMISSAL

1. “Dismissal” means the denial of the current educational program to any student, including exclusion, expulsion and suspension. Dismissal does not include removal from class.
   
   The District shall not deny due process or equal protection of the law to any student involved in a dismissal proceeding which may result in suspension, exclusion or expulsion.
   
   The District shall not dismiss any student without attempting to use non-exclusionary disciplinary practices or pupil withdrawl agreements before dismissal proceedings, except where it appears that the student will create an immediate and substantial danger to self or to surrounding persons or property.
    
2. 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. 1willful violation of any reasonable 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;
       
   3. willful conduct that endangers the student or other students, or surrounding persons, including District employees, or property of the school.
       
3. Suspension Procedures
    
   1. “Suspension” means an action by the school administration, under rules promulgated by the Board, prohibiting a student from attending school for a period of no more than ten (10) school days; provided, however, if a suspension is longer than five (5) school days, the suspending administrator shall provide the superintendent with a reason for the longer term of suspension. This definition does not apply to dismissal for one (1) school day or less, except as may be provided in federal law for a student with a disability.
       
   2. If a student’s total days of removal from school exceed ten (10) cumulative days in a school year, the District shall make reasonable attempts to convene a meeting with the student and the student’s parents or guardian prior to subsequently removing the student from school and, with 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.
       
   3. Each suspension action may include a readmission plan. The plan shall include, where appropriate, a provision for implementing alternative educational services upon readmission, collaborating with the student’s family or guardian, child mental health consultant or provider, education specialist, or other community-based support and may not be used to extend the current suspension.  The school administration may not impose consecutive suspensions against the same student for the same course of conduct, or incident of misconduct, except where the student will create an immediate and substantial danger to self or to surrounding persons or property or where the District is in the process of initiating an expulsion, in which case the school administration may extend the suspension to a total of fifteen (15) days.
       
   4. In the case of a student with a disability, the student’s individual education plan team shall meet immediately but not more than ten (10) school days after the date on which the decision to remove the student from the student’s current education placement is made. The individual education plan team shall, at the meeting, conduct a review of the relationship between the child’s disability and the behavior subject to disciplinary action, and determine the appropriateness of the child’s education plan. The requirements of the individual education plan team meeting apply when: (1) the parent requests a meeting; (2) the student is removed from the student’s current placement for five (5) or more consecutive days; or (3) the student’s total days of removal from the student’s placement during the school year exceed ten (10) cumulative days in a school year. The school administration shall implement alternative educational services when the suspension exceeds five (5) days. A separate administrative conference shall be conducted for each period of suspension.
       
   5. The school administration shall implement alternative educational services when the suspension exceeds five (5) days.
       
   6. The school administration shall not suspend a student from school without an informal administrative conference with the student. The informal administrative conference shall take place before the suspension, except where it appears that the student will create an immediate and substantial danger to self or to surrounding persons or property, in which case the conference shall take place as soon as practicable following the suspension. At the informal administrative conference, a school administrator shall notify the student of the grounds for the suspension, provide an explanation of the evidence the authorities have, and the student may present the student’s version of the facts. A separate administrative conference is required for each period of suspension.
       
   7. A written notice containing the grounds for suspension, a brief statement of the facts, a description of the testimony, a readmission plan, and a copy of the Minnesota Pupil Fair Dismissal Act, Minn Stat. §§ 121A.40 -- 121A.56, shall be personally served upon the student at or before the time the suspension is to take effect, and upon the student's parent or guardian by mail within 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.
       
   8. 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.
       
   9. 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.
       
   10. Notwithstanding the foregoing provisions, the student may be suspended pending the Board's decision in an expulsion or exclusion proceeding, provided that alternative educational services are implemented to the extent that suspension exceeds five (5) days.
        
   11.  Disciplinary dismissals are prohibited for a preschool or prekindergarten program, including early childhood family education, school readiness, school readiness plus, voluntary prekindergarten, or other school-based preschool or prekindergarten program, kindergarten through grade 3. This does not apply to a dismissal from school for less than one school day, except as provided under Minn. chapter 125A and federal law for a student receiving special education services.
        
4. Expulsion and Exclusion Procedures
    
   1. “Expulsion” means a 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 Board.
       
   2. “Exclusion” means an action taken by the 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 Board.
       
   3. All expulsion and exclusion proceedings will be held pursuant to and in accordance with the provisions of the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40 through 121A.56.
       
   4. No expulsion or exclusion shall be imposed without a hearing, unless the right to a hearing is waived in writing by the student and parent or guardian.
       
   5. The student and parent or guardian shall be provided written notice of the District's intent to initiate expulsion or exclusion proceedings. This notice shall be served upon the student and their parent or guardian personally or by mail, and shall contain a complete statement of the facts; a list of the witnesses and a description of their testimony; state the date, time and place of hearing; be accompanied by a copy of the Pupil Fair Dismissal Act, Minn. Stat. §§121A.40 -- 121A.56; describe the non-exclusionary discipline practices accorded the student in an attempt to avoid the expulsion proceedings; and inform the student and parent or guardian of their right to: (1) have a representative of the student’s own choosing, including legal counsel at the hearing; (2) examine the student's records before the hearing; (3) present evidence; and (4) confront and cross-examine witnesses. The District shall advise the student’s parent or guardian that free or low-cost legal assistance may be available and that a legal assistance resource list is available from the Minnesota Department of Education and is posted on their website.
       
   6. The hearing shall be scheduled within ten (10) days of the service of the written notice unless an extension, not to exceed five (5) days, is requested for good cause by the District, student, parent or guardian.
       
   7. All hearings shall be held at a time and place reasonably convenient to the student, parent or guardian and shall be closed, unless the student, parent or guardian requests an open hearing.
       
   8.  The District shall record the hearing proceedings at district expense, and a party may obtain a transcript at its own expense.
       
   9. The student shall have a right to a representative of the student’s own choosing, including legal counsel, at the student’s sole expense. The 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 Board may appoint an attorney to represent the District in any proceeding.
       
   10. If the student designates a representative other than the parent or guardian, the representative must have a written authorization from the student and the parent or guardian providing them with access to the student’s records.
        
   11. All expulsion or exclusion hearings shall take place before and be conducted by an independent hearing officer designated by the District. The hearing shall be conducted in a fair and impartial manner. Testimony shall be given under oath and the hearing officer shall have the power to issue subpoenas and administer oaths.
        
   12. At a reasonable time prior to the hearing, the student, parent or guardian, or authorized representative shall be given access to all District records pertaining to the student, including any tests or reports upon which the proposed dismissal action may be based.
        
   13. The student, parent or guardian, or authorized representative, shall have the right to compel the presence of any District employee or agent or any other person who may have evidence upon the which the proposed dismissal action may be based, and to confront and cross-examine any witnesses testifying for the District.
        
   14. The student, parent or guardian, or authorized representative, shall have the right to present evidence and testimony, including expert psychological or educational testimony.
        
   15. The student cannot be compelled to testify in the dismissal proceedings.
        
   16. The hearing officer shall prepare findings and a recommendation based solely upon substantial evidence presented at the hearing, which must be made to the Board and served upon the parties within two (2) days after the close of the hearing.
        
   17. The Board shall base its decision upon the findings and recommendation of the hearing officer and shall render its decision at a meeting held within five (5) days after receiving the findings and recommendation. The 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 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 MDE Commissioner of the basis and reason for the decision.
        
   18. A party to an expulsion or exclusion decision made by the Board may appeal the decision to the Commissioner within twenty-one (21) calendar days of Board action pursuant to Minn. Stat. § 121A.49. The decision of the Board shall be implemented during the appeal to the Commissioner.
        
   19. The District shall report any suspension, expulsion or exclusion action taken to the appropriate public service agency, when the student is under the supervision of such agency.
        
   20. The District shall report each expulsion or exclusion, each physical assault of a district employee by a student, and each student withdrawal agreement within thirty (30) days of the effective date of the action, withdrawal or assault to the Commissioner. This report must include a statement of non-exclusionary discipline practices, other discipline, sanctions, or resolutions, the effective date, and duration of the exclusion or expulsion. The report must include state student identification numbers of affected students on all dismissal reports required by the department.
        
   21. Whenever a student fails to return to school within ten (10) school days of the termination of dismissal, a school administrator shall inform the student
       and his/her parent or guardian by mail of the student's right to attend and to be reinstated in the District.

X.    ADMISSION OR READMISSION PLAN

A school administrator must prepare and enforce an admission or readmission plan, either orally or in writing, for any student who is excluded or expelled from school. The plan must 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.

XI.    NOTIFICATION OF POLICY VIOLATIONS

Notification of any violation of this policy and resulting disciplinary action shall be as provided herein, or as otherwise provided by the Pupil Fair Dismissal Act or other applicable law. The teacher, principal or other District official may provide additional notification as deemed appropriate.

XII.    STUDENT DISCIPLINE RECORDS

It is the policy of the District that complete and accurate student discipline records be maintained. The collection, dissemination, and maintenance of student discipline records shall be consistent with applicable District policies and federal and state law, including the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.

XIII.    STUDENTS WITH DISABILITIES

Students who are currently identified as disabled under IDEA or Section 504 will be subject to the provisions of this policy provided that their misbehavior is not a manifestation of the student’s disability, unless an educational program has specified a necessary modification.

When a student with a disability is removed from class, the building's special needs committee will review the educational plan and current assessment data. The committee will determine if the placement was appropriate and recommend, if necessary, other methods of dealing with the behavior. The committee may also make exceptions as necessary and appropriate based on the disabling conditions of the student involved. Such exceptions may be reflected in the student’s educational plan.

For students with IEPs, a team meeting is required within five (5) school days of a suspension or prior to an expulsion or exclusion. If a student is placed on in-school suspension status according to District policy established for all students, for all or part of the day for two (2) or more consecutive days or three (3) times in one (1) month, a team meeting must be held. A student with a disability under Section 504 but not under IDEA shall be entitled to such a meeting only pending expulsion, exclusion or suspension over ten (10) days. The team shall (a) determine whether the misconduct is related to the disability; (b) review any assessments and determine the need for further assessment; and (c) review the adequacy of the current IEP and amend the goals and objectives or develop an alternative IEP program as appropriate. If it is determined that a student’s misconduct is related to the student’s disability, the student may not be expelled or excluded, and an alternative program shall be sought.

When a student who has an IEP is excluded or expelled for misbehavior that is not a manifestation of the student’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 student’s IEP and conduct a review of the relationship between the disability and the behavior subject to disciplinary action and determine the appropriateness of the student’s education plan before commencing an expulsion or exclusion.

XIV.    OPEN ENROLLED STUDENTS

The 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 (Minnesota Statutes Chapter 260A), and the student’s case has been referred to juvenile court. The 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.

XV.    DISTRIBUTION OF POLICY

The 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.

XVI.    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 Board, which shall conduct an annual review of this policy.

XVII.    COMPLAINT PROCEDURE

Students, parents/guardians, and school staff may file a complaint and request further action when the requirements of the Minnesota Pupil Fair Dismissal Act, or discipline policies, have not been implemented appropriately or are being discriminately applied. This policy will be included annually in student handbooks.

The discipline complaint procedure is as follows:

1. parent/guardian may file an appeal to a decision under Minn. Stat. § 121A.49 by contacting the building Principal and then the Associate Superintendent if the parent/guardian is not satisfied with the outcome;
    
2. involved parties may submit additional information related to the complaint to the Associate Superintendent;
    
3. investigatory review of the complaint will be initiated within three school days of receipt of the complaint;
    
4. upon completion of the investigatory review a written determination addressing the allegations will be provided to the complainant or other parties as applicable, subject to data privacy;
    
5. if the investigation finds that the requirements of Minn. Stat. § 121A.40 to 121A.61, or District policies that were not compliant, the District will take action to correct any necessary records and determine if any practices need to be revised in the future to support compliance. Retaliation is prohibited against any person who is involved in an investigation.