HF 2544

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for school attendance 
  1.3             options; proposing coding for new law in Minnesota 
  1.4             Statutes, chapter 120. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [120.063] [SCHOOL ATTENDANCE OPTIONS.] 
  1.7      Subdivision 1.  [ATTENDANCE.] Attendance at a particular 
  1.8   public school is a privilege not a right for a pupil.  
  1.9   Notwithstanding any law to the contrary, a pupil's privilege to 
  1.10  attend a particular school may be revoked for violation of a 
  1.11  school's sexual, religious, and racial harassment and violence 
  1.12  policy or other school conduct policy. 
  1.13     Subd. 2.  [EXPULSION.] Notwithstanding any law to the 
  1.14  contrary, a pupil who has violated a school's sexual, religious, 
  1.15  and racial harassment and violence policy or other school 
  1.16  conduct policy may be expelled from that school.  
  1.17     Subd. 3.  [NOTICE; HEARING.] (a) A school shall not expel a 
  1.18  pupil without a hearing, unless the right to a hearing is waived 
  1.19  by the pupil or the pupil's parent or guardian. 
  1.20     (b) The school must serve written notice containing the 
  1.21  grounds for expulsion, a brief statement of the facts, the date 
  1.22  and time of the hearing, and the right to waive the hearing, to 
  1.23  the pupil and the pupil's parent or guardian by certified mail 
  1.24  within 48 hours of the expulsion.  The hearing shall be 
  1.25  scheduled within five days of the service of the notice. 
  2.1      (c) The hearing shall be closed unless the pupil or parent 
  2.2   or guardian requests an open hearing.  The hearing shall take 
  2.3   place before the school board or an independent hearing officer 
  2.4   or committee of the school board as determined by the school 
  2.5   board.  The decision by the school board, independent hearing 
  2.6   officer, or committee of the school board shall be made within 
  2.7   48 hours of the hearing.  The decision must be in writing and 
  2.8   state the reason for the expulsion. 
  2.9      Subd. 4.  [APPEAL.] The expulsion decision under 
  2.10  subdivision 3 may be appealed to the commissioner of children, 
  2.11  families, and learning within 48 hours of the decision.  The 
  2.12  commissioner shall make a decision based upon the written record 
  2.13  developed under subdivision 3 within 48 hours of receipt of the 
  2.14  record.  The decision of the commissioner is final. 
  2.15     Subd. 5.  [PUPILS WITH DISABILITY.] A pupil with an 
  2.16  individual education plan who has violated a school's policy may 
  2.17  be expelled from that school under section 127.281. 
  2.18     Subd. 6.  [PARENT AND STUDENT EMPOWERMENT.] Within 30 
  2.19  calendar days of a pupil being expelled from a school under 
  2.20  subdivision 2, the pupil and parent must make a reasonable 
  2.21  attempt to choose and gain admittance for the pupil in another 
  2.22  public, private, charter, or other school.  If the parent and 
  2.23  pupil are not able to gain admittance for the pupil in another 
  2.24  school, the school district shall find a school that will admit 
  2.25  the pupil. 
  2.26     Subd. 7.  [CONTRACT.] If a pupil enrolls in a private 
  2.27  school under subdivision 4, the pupil's resident school district 
  2.28  shall contract with the private school to provide instructional 
  2.29  services to the pupil.  The amount of money available for 
  2.30  tuition shall not exceed the amount of per pupil general 
  2.31  education revenue generated by the pupil's resident school 
  2.32  district. 
  2.33     Subd. 8.  [REVENUE.] If a pupil enrolls in a school in a 
  2.34  nonresident school district under subdivision 4, transportation 
  2.35  aid and adjustments to the general education aid shall be made 
  2.36  according to section 120.062, subdivisions 9 and 12.  If a pupil 
  3.1   enrolls in a charter school under subdivision 4, revenue shall 
  3.2   be paid by the pupil's resident school district to the charter 
  3.3   school in an amount determined under section 124.248.