1997 Minnesota Statutes

     127.27 Definitions. 

    Subdivision 1.  As used in sections 127.26 to 127.39, the 
 terms defined in this section shall have the meanings assigned 
 them. 

    Subd. 2.  "Dismissal" means the denial of the appropriate 
 educational program to any pupil, including exclusion, 
 expulsion, and suspension.  It does not include removal from 
 class.  

    Subd. 3.  "District" means any school district. 

    Subd. 4.  "Exclusion" means an action taken by the school 
 board to prevent enrollment or reenrollment of a pupil for a 
 period that shall not extend beyond the school year. 

    Subd. 5.    Expulsion.  "Expulsion" means a school board 
 action to prohibit an enrolled pupil from further attendance for 
 up to 12 months from the date the pupil is expelled. 

    Subd. 6.    Parent.  "Parent" means (a) one of the 
 pupil's parents, (b) in the case of divorce or legal separation, 
 the parent or parents with physical custody of the pupil, 
 including a noncustodial parent with legal custody who has 
 provided the district with a current address and telephone 
 number, or (c) a legally appointed guardian.  In the case of a 
 pupil with a disability under the age of 18, parent may include 
 a district-appointed surrogate parent. 

    Subd. 7.    Pupil.  "Pupil" means any student: 

    (1) without a disability under 21 years of age; or 

    (2) with a disability until September 1 after the child 
 with a disability becomes 22 years of age; 

    (3) and who remains eligible to attend a public elementary 
 or secondary school. 

    Subd. 8.    School.  "School" means any school defined 
 in section 120.05, subdivision 2. 

    Subd. 9.  "School board" means the governing body of any 
 school district. 

    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.  Each suspension action shall include a 
 readmission plan.  The readmission plan shall include, where 
 appropriate, a provision for implementing alternative 
 educational services upon 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 up to 15 days.  In the case of a pupil with a 
 disability, a suspension may not exceed ten school days.  The 
 school administration shall implement alternative educational 
 services to the extent that suspension exceeds five days.  A 
 separate administrative conference is required for each period 
 of suspension. 

    Subd. 11.    Alternative educational services.  
 "Alternative educational services" may include, but are not 
 limited to, special tutoring, modified curriculum, modified 
 instruction, other modifications or adaptations, special 
 education services as indicated by appropriate assessment, 
 homebound instruction, or enrollment in another district or in 
 an alternative learning center under section 124C.45. 

    HIST: 1974 c 572 s 2; 1975 c 162 s 41; 1983 c 7 s 1; 1983 c 
 163 s 1; 1983 c 243 s 5 subd 1; 1986 c 444; 1991 c 265 art 3 s 
 38; 1994 c 647 art 4 s 36; 1995 c 226 art 3 s 9; 1Sp1997 c 4 art 
 7 s 11-16