Subd. 10. Suspension.–"Suspension" means an action by the school administration, under rules promulgated by the school board, prohibiting a pupil from attending school for a period of no more than ten school days. If a suspension is longer than five days, the suspending administrator must provide the superintendent with a reason for the longer suspension. This definition does not apply to dismissal from school for one school day or less, except as provided in federal law for a student with a disability. Each suspension action may include a readmission plan. The readmission plan shall include, where appropriate, a provision for implementing alternative educational services upon readmission and may not be used to extend the current suspension. Consistent with section 125A.091, subdivision 5, the readmission plan must not obligate a parent to provide a sympathomimetic medication for the parent's child as a condition of readmission. The school administration may not impose consecutive suspensions against the same pupil for the same course of conduct, or incident of misconduct, except where the pupil will create an immediate and substantial danger to self or to surrounding persons or property, or where the district is in the process of initiating an expulsion, in which case the school administration may extend the suspension to a total of 15 school days.
Minnesota School Discipline Laws & Regulations: Return to school following removal
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Minnesota School Discipline Laws & Regulations: Return to school following removal
Category: Exclusionary Discipline: Suspension, Expulsion, and Alternative Placement
Subcategory: Return to school following removal
State: Minnesota
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LAWS
121A.41. Definitions.
121A.47. Exclusion and expulsion procedures.
Subd. 14. Admission or readmission plan.
(a) A school administrator must prepare and enforce an admission or readmission plan for any pupil who is excluded or expelled from school. The plan must include measures to improve the pupil's behavior, which may include completing a character education program, consistent with section 120B.232, subdivision 1, 120B.232, subdivision 1, and require social and emotional learning, counseling, social work services, mental health services, referrals for special education or 504 evaluation, and evidence-based academic interventions. The plan must include reasonable attempts to obtain parental involvement in the admission or readmission process, and may indicate the consequences to the pupil of not improving the pupil's behavior.
(b) The definition of suspension under section 121A.41, subdivision 10, does not apply to a student's dismissal from school for less than one school day , except as provided under federal law for a student with a disability. Each suspension action may include a readmission plan. A readmission plan must provide, where appropriate, alternative education services, which must not be used to extend the student's current suspension period. Consistent with section 125A.091, subdivision 5, a readmission plan must not obligate a parent or guardian to provide psychotropic drugs to their student as a condition of readmission. School officials must not use the refusal of a parent or guardian to consent to the administration of psychotropic drugs to their student or to consent to a psychiatric evaluation, screening or examination of the student as a ground, by itself, to prohibit the student from attending class or participating in a school-related activity, or as a basis of a charge of child abuse, child neglect or medical or educational neglect.
121A.54. Notice of right to be reinstated.
Whenever a pupil fails to return to school within ten school days of the termination of dismissal, a school administrator shall inform the pupil and the pupil's parents by mail of the pupil's right to attend and to be reinstated in the public school.
121A.55. Policies to be established.
(a) The commissioner of education must promulgate guidelines to assist each school board. Each school board must establish uniform criteria for dismissal and adopt written policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies must include nonexclusionary disciplinary policies and practices consistent with section 121A.41, subdivision 12, and must emphasize preventing dismissals through early detection of problems. The policies must be designed to address students' inappropriate behavior from recurring.
(b) The policies must recognize the continuing responsibility of the school for the education of the pupil during the dismissal period.
(c) The school is responsible for ensuring that alternative educational services, if the pupil wishes to take advantage of them, must be adequate to allow the pupil to make progress toward meeting the graduation standards adopted under section 120B.02 and help prepare the pupil for readmission in accordance with section 121A.46, subdivision 5.
(d) For expulsion and exclusion dismissals and pupil withdrawal agreements as defined in section 121A.41, subdivision 13:
(1) for a pupil who remains enrolled in the district or is awaiting enrollment in a new district, a school district's continuing responsibility includes reviewing the pupil's schoolwork and grades on a quarterly basis to ensure the pupil is on track for readmission with the pupil's peers. A school district must communicate on a regular basis with the pupil's parent or guardian to ensure that the pupil is completing the work assigned through the alternative educational services as defined in section 121A.41, subdivision 11. Th
121A.61. Discipline and removal of students from class.
Subd. 3. Policy components.- The policy must include at least the following components:
(g) the procedures for return of a student to the specified class from which the student has been removed.
124D.8957. Prekindergarten through grade 12 parental rights code elsewhere.
Subd. 12. Reinstatement after termination of dismissal.–The parental right to notice of a student's right to be reinstated after the termination of dismissal is governed by section 121A.54.
REGULATIONS
No relevant regulations found.