St. Louis County Schools, ISD 2142	MSBA/MASA Model Policy 506
Adopted:  1999 									      Orig. 1995
Revised:  July 25, 2016  (with revision from MSBA Model Policy)	Rev. 2015

506	STUDENT DISCIPLINE

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

I.	PURPOSE

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

II.	GENERAL STATEMENT OF POLICY

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.  The position of the school district is that a fair and equitable district-wide student discipline policy will contribute to the quality of the student’s educational experience.  This discipline policy is adopted in accordance with and subject to the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40-121A.56.

III.	AREAS OF RESPONSIBILITY

A.	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.

B.	Students.  All students shall be held individually responsible for their behavior and for knowing and obeying the Code of Student Conduct and this policy.

IV.	STUDENT RESPONSIBILITIES

All students have the responsibility:

A.	For their behavior and for knowing and obeying all school rules, regulations, policies, and procedures;

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

C.	To dress and groom in a manner which meets standards of safety and health and common standards of decency and which is consistent with applicable school district policy;

D.	To recognize and respect the rights of others.

V.	CODE OF STUDENT CONDUCT

	This policy applies to all school buildings, school grounds, and school property or property immediately adjacent to school grounds; school-sponsored activities or trips; school bus stops; school buses, school vehicles, school contracted vehicles, or any other vehicles approved for school district purposes; the area of entrance or departure from school premises or events; and all school-related functions, school-sponsored activities, events, or trips.  

VI.	DISCIPLINARY ACTION OPTIONS

The general policy of the school district is to utilize progressive discipline to the extent reasonable and appropriate based upon the specific facts and circumstances of student misconduct.  The specific form of discipline chosen in a particular case is solely within the discretion of the school district.  At a minimum, violation of school district rules, regulations, policies, or procedures will result in discussion of the violation and a verbal warning.  The school district shall, however, impose more severe disciplinary sanctions for any violation, including exclusion or expulsion, if warranted by the student’s misconduct, as determined by the school district. 

VII.	REMOVAL OF STUDENTS FROM CLASS

	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.  “Removal from class” and “removal” mean any actions taken by a teacher, principal, or other school district employee to prohibit a student from attending a class or activity period for a period of time not to exceed five (5) days, pursuant to this discipline policy.

VIII.	DISMISSAL

A.	“Dismissal” means the denial of the current educational program to any student, including exclusion, expulsion and suspension.  Dismissal does not include removal from class.

The school district shall not deny due process or equal protection of the law to any student involved in a dismissal proceeding which may result in suspension, exclusion or expulsion.

B.	Violations leading to suspension, based upon severity, may also be grounds for actions leading to expulsion, and/or exclusion. 

C.	Expulsion and Exclusion Procedures

1.	“Expulsion” means a school board action to prohibit an enrolled student from further attendance for up to twelve (12) months from the date the student is expelled.  The authority to expel rests with the school board.

2.	“Exclusion” means an action taken by the school board to prevent enrollment or re-enrollment of a student for a period that shall not extend beyond the school year.  The authority to exclude rests with the school board.

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.40-121A.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.

IX.	ADMISSION OR RE-ADMISSION 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, including completing a character education program consistent with Minn. Stat. § 120B.232, Subd. 1, and require parental involvement in the admission or readmission process, and may indicate the consequences to the student of not improving the student’s behavior.  The readmission plan must not obligate parents to provide a sympathomimetic medication for their child as a condition of readmission.

X.	NOTIFICATION OF POLICY VIOLATIONS

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

XII.	OPEN-ENROLLED STUDENTS

The school district may terminate the enrollment of a non-resident student enrolled under an Enrollment Option Program (Minn. Stat. § 124D.03) or Enrollment in Non-resident 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 seventeen (17) 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.

Legal References:	Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. § 120B.02 (Educational Expectations for Minnesota Students)
Minn. Stat. § 120B.232 (Character Development Education)
Minn. Stat. § 121A.26 (School Pre-assessment Teams)
Minn. Stat. § 121A.29 (Reporting; Chemical Abuse)
Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. § 121A.575 (Alternatives to Pupil Suspension)
Minn. Stat. § 121A.582 (Reasonable Force)
Minn. Stat. §§ 121A.60-121A.61 (Removal From Class)
Minn. Stat. § 123A.05 (Area Learning Center Organization)
Minn. Stat. § 124D.03 (Enrollment Options Program)
Minn. Stat. § 124D.08 (Enrollment in Nonresident District)
Minn. Stat. Ch.125A (Students With Disabilities)
Minn. Stat. § 152.22 (Medical Cannabis; Definitions)
Minn. Stat. § 152.23 (Medical Cannabis; Limitations)
Minn. Stat. Ch. 260A (Truancy)
Minn. Stat. Ch. 260C (Juvenile Court Act)
20 U.S.C. §§ 1400-1487 (Individuals with Disabilities Education Improvement Act of 2004)
29 U.S.C. § 794 et seq. (Rehabilitation Act of 1973, § 504)
34 C.F.R. § 300.530(e)(1) (Manifestation Determination)

Cross References:	MSBA/MASA Model Policy 413 (Harassment and Violence)
MSBA/MASA Model Policy 501 (School Weapons)
MSBA/MASA Model Policy 502 (Search of Student Lockers, Desks, Personal Possessions, Student’s Person, and Motor Vehicles)
MSBA/MASA Model Policy 503 (Student Attendance)
MSBA/MASA Model Policy 505 (Distribution of Non-school Sponsored
Materials on School Premises by Students and Employees)
MSBA/MASA Model Policy 514 (Bullying Prohibition Policy)
MSBA/MASA Model Policy 524 (Internet Acceptable Use and Safety Policy)
MSBA/MASA Model Policy 525 (Violence Prevention)
MSBA/MASA Model Policy 526 (Hazing Prohibition)
MSBA/MASA Model Policy 527 (Student Use and Parking of Motor Vehicles; Patrols, Inspections, and Searches)
MSBA/MASA Model Policy 610 (Field Trips)
MSBA/MASA Model Policy 709 (Student Transportation Safety Policy)
MSBA/MASA Model Policy 711 (Video Recording on School Buses)
MSBA/MASA Model Policy 712 (Video Surveillance Other Than on Buses)