Section 121A.46 — Suspension Procedures.
121A.46 SUSPENSION PROCEDURES. Subdivision 1. Informal administrative conference before suspension. The school administration shall not suspend a pupil from school without an informal administrative conference with the pupil. The informal administrative conference shall take place before the suspension, except where it appears that the pupil will create an immediate and substantial danger to self or […]
Section 121A.47 — Exclusion And Expulsion Procedures.
121A.47 EXCLUSION AND EXPULSION PROCEDURES. Subdivision 1. Requiring a hearing; pupil may waive hearing. No exclusion or expulsion shall be imposed without a hearing, unless the right to a hearing is waived in writing by the pupil and parent or guardian. The action shall be initiated by the school board or its agent. Subd. 2. […]
Section 121A.48 — Good Faith Exception.
121A.48 GOOD FAITH EXCEPTION. A violation of the technical provisions of the Pupil Fair Dismissal Act, made in good faith, is not a defense to a disciplinary procedure under the act unless the pupil can demonstrate actual prejudice as a result of the violation. History: 1Sp1995 c 3 art 9 s 30; 1Sp1997 c 4 […]
Section 121A.40 — Citation.
121A.40 CITATION. Sections 121A.40 to 121A.56 may be cited as the “Pupil Fair Dismissal Act.” History: 1974 c 572 s 1; 1Sp1997 c 4 art 7 s 10; 1998 c 397 art 9 s 26; art 11 s 3
Section 121A.41 — Definitions.
121A.41 DEFINITIONS. Subdivision 1. Applicability. As used in sections 121A.40 to 121A.56, the terms defined in this section shall have the meanings assigned them. Subd. 2. Dismissal. “Dismissal” means the denial of the current educational program to any pupil, including exclusion, expulsion, and suspension. It does not include removal from class. Subd. 3. District. “District” […]
Section 121A.42 — Policy.
121A.42 POLICY. No public school shall deny due process or equal protection of the law to any public school pupil involved in a dismissal proceeding which may result in suspension, exclusion, or expulsion. History: 1974 c 572 s 3; 1998 c 397 art 9 s 26
Section 121A.425 — Full And Equitable Participation In Preschool And Prekindergarten.
121A.425 FULL AND EQUITABLE PARTICIPATION IN PRESCHOOL AND PREKINDERGARTEN. Subdivision 1. Disciplinary dismissals prohibited. A pupil enrolled in a preschool or prekindergarten program, including a child participating in early childhood family education, school readiness, school readiness plus, voluntary prekindergarten, Head Start, or other school-based preschool or prekindergarten program, may not be subject to dismissals under […]
Section 121A.43 — Exclusion And Expulsion Of Pupils With A Disability.
121A.43 EXCLUSION AND EXPULSION OF PUPILS WITH A DISABILITY. (a) Consistent with federal law governing days of removal and section 121A.46, school personnel may suspend a child with a disability. When a child with a disability has been suspended for more than five consecutive school days or ten cumulative school days in the same school […]
Section 121A.44 — Expulsion For Possession Of Firearm.
121A.44 EXPULSION FOR POSSESSION OF FIREARM. (a) Notwithstanding the time limitation in section 121A.41, subdivision 5, a school board must expel for a period of at least one year a pupil who is determined to have brought a firearm to school except the board may modify this expulsion requirement for a pupil on a case-by-case […]