1997 Minnesota Statutes

CHAPTER 127. Proceedings, prohibitions, policies

   127.01 Definitions.  

    For purposes of this chapter, the words defined in section 
 120.02 have the same meaning.  

    HIST: Ex1959 c 71 art 8 s 1 

   127.02 Actions by districts.  

    Any school board may prosecute actions in the name of the 
 district in the following cases: 

    (1) On a contract made with the district, or with the board 
 in its official capacity; 

    (2) To enforce a liability, or a duty enjoined by law, in 
 its favor or in favor of the district; 

    (3) To recover a penalty or forfeiture given by law to it 
 or to the district; or 

    (4) To recover damages for an injury to the rights or 
 property of the district.  

    HIST: Ex1959 c 71 art 8 s 2 

   127.03 Actions against districts and teachers. 

    Subdivision 1.  An action may be brought against any school 
 district, either upon a contract made with the district or its 
 board, in its official capacity and within the scope of its 
 authority, or for an injury to the rights of the plaintiff 
 arising from some act or omission of such board, whether the 
 members of the board making the contract, or guilty of the act 
 or omission complained of, be still in office or not.  

    Subd. 2.  Upon written request of the teacher involved, any 
 school district, however organized, shall provide legal counsel 
 for any school teacher against whom claim is made or action is 
 brought for recovery of damages in any tort action involving 
 physical injury to any person or property or for wrongful death 
 arising out of or in connection with the employment of such 
 teacher with such school district.  The choice of such legal 
 counsel shall be made only after consultation with the teacher.  
 Provision of counsel under this subdivision shall not be 
 construed to render the school district liable for its torts, 
 except as otherwise provided by law; or for reimbursement of 
 costs of counsel provided to the teacher pursuant to the 
 contract obligation of another or otherwise than under this 
 subdivision; or for payment of any judgments or any other costs 
 or disbursements in connection therewith where the judgment, 
 cost or disbursement is against the teacher and not against the 
 school district. 

    Subd. 3.    Immunity from civil liability.  It is a 
 defense to a civil action for damages against a school official, 
 as defined in section 609.2231, subdivision 5, to prove that the 
 force used by the official was reasonable, was in the exercise 
 of lawful authority, and was necessary under the circumstances 
 to restrain the pupil or to prevent bodily harm or death to 
 another. 

    HIST: Ex1959 c 71 art 8 s 3; 1965 c 165 s 1; 1975 c 162 s 41; 
 1990 c 555 s 7; 1994 c 647 art 9 s 12 

   127.04 Judgment paid by treasurer.  

    Except as hereinafter provided, no execution shall issue 
 upon any judgment against a school district for the recovery of 
 money.  Unless the same be stayed by appeal, the treasurer shall 
 pay such judgment, upon presentation of a certified copy 
 thereof, if there is sufficient money of the district not 
 otherwise appropriated.  A treasurer who fails to do so shall be 
 personally liable for the amount, unless the collection be 
 afterwards stayed.  

    HIST: Ex1959 c 71 art 8 s 4; 1986 c 444 

   127.05 Tax levy for unpaid judgment.  

    If such judgment is not satisfied, or stayed by appeal or 
 otherwise, before the next annual meeting of the district, a 
 certified copy thereof may be presented at its annual meeting, 
 whereupon the district shall cause the amount of the judgment, 
 with interest, to be added to the tax of the district.  If such 
 tax is not levied and certified to the county auditor on or 
 before October 1 next after presentation, a certified copy 
 thereof may be filed with such auditor at any time before the 
 auditor has extended the tax of such district, with an affidavit 
 showing the amount remaining unpaid thereon and the fact of such 
 presentation to the district.  Thereupon the auditor shall at 
 once levy and extend such amount as a tax upon the property 
 taxable within the district.  By mutual agreement between the 
 district and the judgment creditor the levy may be spread 
 equally over a period of more than one year.  

    HIST: Ex1959 c 71 art 8 s 5; 1986 c 444 

  127.051 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  127.052 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  127.053 MS 1949 Renumbered 128.234 

  127.054 MS 1949 Renumbered 128.235 

  127.056 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  127.057 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  127.058 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

   127.06 Issuance of execution.  

    If the judgment is not paid within 30 days after the time 
 when the proceeds of such levy becomes payable by the county 
 treasurer of the district, execution may be issued thereon, to 
 which any property belonging to the district shall be liable.  

    HIST: Ex1959 c 71 art 8 s 6 

   127.07 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  127.07 MS 1967 Repealed, 1969 c 380 s 2 

  127.071 Repealed, 1974 c 572 s 16 

   127.08 Improper classification of pupils.  

    No district shall classify its pupils with reference to 
 race, color, social position, or nationality, nor separate its 
 pupils into different schools or departments upon any of such 
 grounds.  Any district so classifying or separating any of its 
 pupils, or denying school privileges to any of its pupils upon 
 any such ground shall forfeit its share in all apportioned 
 school funds for any apportionment period in which such 
 classification, separation, or exclusion shall occur or 
 continue.  The state commissioner upon notice to the offending 
 district and upon proof of the violation of the provisions of 
 this section, shall withhold in the semiannual apportionment the 
 share of such district and the county auditor shall thereupon 
 exclude such district from the apportionment for such period. 

    HIST: Ex1959 c 71 art 8 s 8; 1986 c 444 

   127.09 Refusing to serve on school board. 

    Any person who accepts election or appointment to any 
 school board and who refuses or neglects to qualify or to serve 
 or to perform any of the duties of the office, shall be fined 
 $10 for each offense.  The fine shall be collected in an action 
 before a county or municipal court.  It may be prosecuted in the 
 name of the district by any school board member or eligible 
 voter of the district. 

    HIST: Ex1959 c 71 art 8 s 9; 1980 c 609 art 6 s 30; 1983 c 359 
 s 7; 1987 c 266 art 2 s 12 

   127.10 Failure of clerk to report.  

    Any clerk of a school district who fails to make any report 
 required by law shall forfeit not less than $5, nor more than 
 $50, for the use of the district.  

    HIST: Ex1959 c 71 art 8 s 10; 1986 c 444 

   127.11 Drawing illegal order. 

    Any school district clerk who illegally draws an order upon 
 the treasurer, any chair or other officer who attests the order, 
 and any school district treasurer who knowingly pays the order, 
 shall each forfeit to the district twice the amount of the 
 order, to be collected in an action brought in the name of the 
 district by any eligible voter of the district. 

    HIST: Ex1959 c 71 art 8 s 11; 1980 c 609 art 6 s 31; 1986 c 
 444; 1987 c 266 art 2 s 13 

   127.12 Neglecting to keep or deliver records.  

    Any school district clerk who shall neglect to keep 
 official books and records in the manner prescribed by law or 
 shall willfully refuse to deliver such books and records to a 
 successor in office, shall forfeit to the use of the district 
 the sum of $10 for each offense.  

    HIST: Ex1959 c 71 art 8 s 12; 1986 c 444 

   127.13 Failure of auditor to report.  

    Any county auditor who shall fail to make to the 
 commissioner any report of apportionment required by law shall 
 forfeit, for the benefit of the school fund of the county, the 
 sum of $50.  

    HIST: Ex1959 c 71 art 8 s 13 

   127.14 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  127.14 MS 1974 Repealed, 1975 c 162 s 42 

     127.15 Dealing in school supplies. 

    Except as provided for in sections 471.87 and 471.88, no 
 teacher in the public schools, nor any state, county, town, 
 city, or district school officer, including any superintendent 
 of schools, or any member of any school board, nor any person 
 connected with the public school system in any capacity, shall 
 be interested directly or indirectly in the sale, proceeds, or 
 profits of any book, apparatus, or furniture used, or to be 
 used, in any school with which the person is connected in any 
 official capacity.  Any person violating any of the provisions 
 of this section shall forfeit not less than $50, nor more than 
 $200 for each such offense.  This section shall not apply to a 
 person who may have an interest in the sale of any book of which 
 that person is the author.  Nothing in this section shall 
 prohibit the spouse of an employee or officer covered by this 
 section from contracting with the school district for the sale 
 or lease of books, apparatus, furniture, or other supplies to be 
 used in a school with which the employee or officer is connected 
 in any official capacity, as long as the employee's or officer's 
 position does not involve approving contracts for supplies and 
 the school board unanimously approves the transaction. 

    HIST: Ex1959 c 71 art 8 s 15; 1973 c 121 s 1; 1986 c 444; 1993 
 c 224 art 9 s 36 

     127.16 Duty of officers to report violations of law.  

    Every officer to whom reports are required by law to be 
 made and for the failure to make which a penalty or fine or 
 forfeiture is provided, shall give immediate written notice of 
 such failure to the delinquent and to the proper county 
 attorney.  Such county attorney shall thereupon institute proper 
 proceedings to collect such penalty, fine, or forfeiture.  Upon 
 complaint of the district superintendent, or when it comes to 
 the attorney's knowledge that any school officer has violated 
 any provision of law for which violation a penalty, fine or 
 forfeiture is provided, such attorney shall institute like 
 proceedings.  

    HIST: Ex1959 c 71 art 8 s 16; 1975 c 162 s 35; 1986 c 444 

     127.17 Secret fraternities and societies. 

    Subdivision 1.    Membership regulated.  It shall be 
 unlawful for any pupil, registered as such and attending any 
 public elementary, high school, community college, or technical 
 college, which is partially or wholly maintained by public 
 funds, to join, become a member of, or to solicit any other 
 pupil of any such school to join, or become a member of, any 
 secret fraternity or society wholly or partially formed from the 
 membership of pupils attending any such schools or to take part 
 in the organization or formation of any such fraternity or 
 society, except such societies or associations as are sanctioned 
 by the board of the district concerned.  

    Subd. 2.    Rules and regulations.  The boards shall 
 enforce the provisions of this section and have full power and 
 authority to make, adopt, and modify all rules and regulations 
 which, in their judgment and discretion, may be necessary for 
 the proper governing of such schools and enforcing all the 
 provisions of this section.  

    Subd. 3.    Penalties.  The boards shall have full 
 power and authority, pursuant to the adoption of such rules and 
 regulations made and adopted by them, to suspend or dismiss any 
 pupil of such schools therefrom, or to prevent them, or any of 
 them, from graduating or participating in school honors when, 
 after investigation, in the judgment of such boards or a 
 majority of their membership, such pupil is guilty of violating 
 any of the provisions of this section or is guilty of violating 
 any rule or regulation adopted by such boards for the purpose of 
 governing such schools, or enforcing this section. 

    Subd. 4.    "Rushing" or soliciting forbidden.  It is a 
 misdemeanor for any person, not a pupil of the schools, to be 
 upon school grounds, or to enter any school building, for the 
 purpose of "rushing" or soliciting any pupil of the schools to 
 join any fraternity, society, or association organized outside 
 of the schools.  Municipal and county courts have jurisdiction 
 of offenses committed under this subdivision.  All persons found 
 guilty shall be fined not less than $2, nor more than $10, to be 
 paid to the county treasurer or, upon failure to pay the fine, 
 to be imprisoned for not more than ten days. 

    HIST: Ex1959 c 71 art 8 s 17; 1973 c 123 art 5 s 7; 1973 c 349 
 s 2; 1983 c 359 s 8; 1987 c 258 s 12; 1989 c 246 s 2 

  127.18 Repealed, 1975 c 162 s 42 

     127.19 Officers, teachers; neglect of duty; penalty. 

    Any school officer, truant officer, public or nonpublic 
 school teacher, principal, district superintendent, or person 
 providing instruction other than a parent refusing, willfully 
 failing, or neglecting to perform any duty imposed by sections 
 120.101 to 120.14 is guilty of a misdemeanor; and, upon 
 conviction, shall be punished for each offense by a fine of not 
 more than $10 or by imprisonment for not more than ten days.  
 All fines, when collected, shall be paid into the county 
 treasury for the benefit of the school district in which the 
 offense is committed. 

    HIST: Ex1959 c 71 art 8 s 19; 1975 c 162 s 36; 1986 c 444; 
 1987 c 178 s 7; 1989 c 209 art 2 s 1; 1991 c 199 art 2 s 14 

     127.20 Violations; penalties. 

    Any person who fails or refuses to provide for instruction 
 of a child of whom the person has legal custody, and who is 
 required by section 120.101, subdivision 5, to receive 
 instruction, when notified so to do by a truant officer or other 
 official, or any person who induces or attempts to induce any 
 such child unlawfully to be absent from school, or who knowingly 
 harbors or employs, while school is in session, any child 
 unlawfully absent from school, shall be guilty of a 
 misdemeanor.  Any fines collected shall be paid into the county 
 treasury for the benefit of the school district in which the 
 offense is committed. 

    HIST: Ex1959 c 71 art 8 s 20; 1986 c 444; 1987 c 178 s 8; 1989 
 c 296 s 3; 1993 c 224 art 14 s 14; 1995 c 226 art 3 s 8 

     127.21 Combination to control prices. 

    If at any time any publisher shall enter into any 
 understanding, agreement, or combination to control the prices 
 or to restrict competition in the adoption or sale of school 
 books, each and every contract made by the publisher shall 
 thereupon become null and void at the option of the other 
 parties thereto. 

    HIST: Ex1959 c 71 art 8 s 21; 1980 c 609 art 6 s 32 

  127.22 Repealed, 1980 c 609 art 6 s 48 

     127.23 State officials to be disinterested; penalty. 

    If the commissioner of children, families, and learning, an 
 assistant or any employee connected with the commissioner's 
 office, or any member of any school board shall accept or 
 receive any money, gift or any property, or favor from any 
 person, firm, or corporation offering for sale any textbooks, or 
 any agent thereof, or from any person in any way interested in 
 the sale of textbooks, the person accepting or receiving it 
 shall, upon conviction, be punished by a fine not exceeding 
 $700, or by imprisonment in the county jail for not more than 
 six months, or both by such fine and imprisonment.  

    HIST: Ex1959 c 71 art 8 s 23; 1984 c 628 art 3 s 11; 1986 c 
 444; 1Sp1995 c 3 art 16 s 13 

  127.24 Repealed, 1973 c 121 s 2 

     127.25 Appeals. 

    Subdivision 1.  Any district or any person aggrieved by 
 final order of the county board or final order of the county 
 auditor, made pursuant to the provisions of this code, may 
 appeal from such final order to the district court upon the 
 following grounds: 

    (1) That the county board or the county auditor had no 
 jurisdiction to act; 

    (2) That the county board or the county auditor exceeded 
 its jurisdiction; 

    (3) That the action appealed from is arbitrary, fraudulent, 
 capricious or oppressive or in unreasonable disregard of the 
 best interest of the territory affected; 

    (4) That the order of action appealed from is based upon an 
 erroneous theory of law. 

    An appeal from a final order of a county board or the 
 county auditor shall be taken by serving a notice of appeal upon 
 the county auditor.  An appeal from a final order of a county 
 board or a county auditor shall be taken to the district court 
 in the county of the board or auditor. Notice of appeal must be 
 served within 30 days of the issuance of the order appealed from 
 and shall be accompanied by a corporate surety bond in the 
 amount of $250, conditioned for the payment of all costs taxed 
 against appellant on such appeal.  The notice of appeal shall be 
 filed with the court administrator of the district court and 
 noticed for hearing in the manner provided for the trial of 
 civil actions by Minnesota rules of civil procedure. 

    In an appeal from an order of a county auditor effecting a 
 consolidation the action of the commissioner or the state board 
 approving the plat is reviewable and the commissioner may be 
 called by either party as a witness in such appeal proceedings 
 and may be examined under the rules of civil procedure relating 
 to the cross-examination of adverse parties. 

    Subd. 2.  Any school district or any person affected by 
 final order of the county board or final order of the county 
 auditor shall be permitted to intervene in appeals under this 
 section as a party respondent. 

    Subd. 3.    Appeal.  An appeal lies from the district 
 court in accordance with the rules of civil appellate procedure. 

    Subd. 4.  Unless otherwise provided by law, any school 
 district or any person aggrieved by a final order of the 
 commissioner made pursuant to provisions of this code may 
 proceed under the provisions of sections 14.57 to 14.69. 

    HIST: Ex1959 c 71 art 8 s 25; 1975 c 162 s 37; 1976 c 239 s 
 36; 1978 c 764 s 90-92; 1982 c 424 s 130; 1983 c 247 s 59; 
 1Sp1986 c 3 art 1 s 82; 1987 c 384 art 2 s 1 

     127.26 Citation. 

    Sections 127.26 to 127.39 may be cited as "The Pupil Fair 
 Dismissal Act."  

    HIST: 1974 c 572 s 1; 1Sp1997 c 4 art 7 s 10 

     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 

     127.28 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.  

    HIST: 1974 c 572 s 3 

     127.281 Exclusion and expulsion of pupils with a 
  disability. 

    When a pupil who has an individual education plan is 
 excluded or expelled under sections 127.26 to 127.39 for 
 misbehavior that is not a manifestation of the pupil's 
 disability, the district shall continue to provide special 
 education and related services after a period of suspension, if 
 suspension is imposed.  The district shall initiate a review of 
 the individual education plan within five school days of 
 commencing an expulsion, exclusion, or a suspension.  

    HIST: 1991 c 265 art 3 s 19,38; 1Sp1997 c 4 art 7 s 17 

     127.282 Expulsion for possession of firearm. 

    (a) Notwithstanding the time limitation in section 127.27, 
 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 basis.  For the 
 purposes of this section, firearm is as defined in United States 
 Code, title 18, section 921. 

    (b) Notwithstanding chapter 13, a student's expulsion or 
 withdrawal or transfer from a school after an expulsion action 
 is initiated against the student for a weapons violation under 
 paragraph (a) may be disclosed by the school district initiating 
 the expulsion proceeding.  Unless the information is otherwise 
 public, the disclosure may be made only to another school 
 district in connection with the possible admission of the 
 student to the other district. 

    HIST: 1995 c 226 art 3 s 10 

     127.29 Grounds for dismissal. 

    Subdivision 1.  No school shall dismiss any pupil without 
 attempting to provide alternative educational services before 
 dismissal proceedings, except where it appears that the pupil 
 will create an immediate and substantial danger to self or to 
 surrounding persons or property.  

    Subd. 2.  A pupil may be dismissed on any of the following 
 grounds: 

    (a) willful violation of any reasonable school board 
 regulation.  Such regulation must be clear and definite to 
 provide notice to pupils that they must conform their conduct to 
 its requirements; 

    (b) willful conduct that materially and substantially 
 disrupts the rights of others to an education; or 

    (c) willful conduct that endangers the pupil or other 
 pupils, or surrounding persons, or property of the school. 

    HIST: 1974 c 572 s 4; 1978 c 764 s 93; 1986 c 444; 1Sp1997 c 4 
 art 7 s 18 

     127.30 Suspension procedures. 

    Subdivision 1.  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 to surrounding persons or 
 property, in which case the conference shall take place as soon 
 as practicable following the suspension. 

    Subd. 1a.  At the informal administrative conference, a 
 school administrator shall notify the pupil of the grounds for 
 the suspension, provide an explanation of the evidence the 
 authorities have, and the pupil may present the pupil's version 
 of the facts. 

    Subd. 2.  A written notice containing the grounds for 
 suspension, a brief statement of the facts, a description of the 
 testimony, a readmission plan, and a copy of sections 127.26 to 
 127.39, shall be personally served upon the pupil at or before 
 the time the suspension is to take effect, and upon the pupil's 
 parent or guardian by mail within 48 hours of the conference.  
 The district shall make reasonable efforts to notify the parents 
 of the suspension by telephone as soon as possible following 
 suspension.  In the event a pupil is suspended without an 
 informal administrative conference on the grounds that the pupil 
 will create an immediate and substantial danger to surrounding 
 persons or property, the written notice shall be served upon the 
 pupil and the pupil's parent or guardian within 48 hours of the 
 suspension.  Service by mail is complete upon mailing. 

    Subd. 3.  Notwithstanding the provisions of subdivisions 1 
 and 2, the pupil may be suspended pending the school board's 
 decision in the expulsion or exclusion hearing; provided that 
 alternative educational services are implemented to the extent 
 that suspension exceeds five days. 

    HIST: 1974 c 572 s 5; 1978 c 764 s 94; 1986 c 444; 1Sp1997 c 4 
 art 7 s 19-22 

     127.31 Exclusion and expulsion procedures. 

    Subdivision 1.  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.  Written notice of intent to take action shall: 

    (a) be served upon the pupil and the pupil's parent or 
 guardian personally or by mail; 

    (b) contain a complete statement of the facts, a list of 
 the witnesses and a description of their testimony; 

    (c) state the date, time, and place of the hearing; 

    (d) be accompanied by a copy of sections 127.26 to 127.39; 

    (e) describe alternative educational services accorded the 
 pupil in an attempt to avoid the expulsion proceedings; and 

    (f) inform the pupil and parent or guardian of the right to:

    (1) have a representative of the pupil's own choosing, 
 including legal counsel, at the hearing.  The district shall 
 advise the pupil's parent or guardian that free or low-cost 
 legal assistance may be available and that a legal assistance 
 resource list is available from the department of children, 
 families, and learning; 

    (2) examine the pupil's records before the hearing; 

    (3) present evidence; and 

    (4) confront and cross-examine witnesses.  

    Subd. 3.  The hearing shall be scheduled within ten days of 
 the service of the written notice unless an extension, not to 
 exceed five days, is requested for good cause by the school 
 board, pupil, parent or guardian.  

    Subd. 4.  The hearing shall be at a time and place 
 reasonably convenient to pupil, parent or guardian.  

    Subd. 5.  The hearing shall be closed unless the pupil, 
 parent or guardian requests an open hearing.  

    Subd. 6. Repealed, 1Sp1997 c 4 art 7 s 58 

    Subd. 7.  The hearing shall take place before: 

    (1) an independent hearing officer; 

    (2) a member of the school board; 

    (3) a committee of the school board; or 

    (4) the full school board; 

 as determined by the school board.  The hearing shall be 
 conducted in a fair and impartial manner. 

    Subd. 8.  The school board shall record the hearing 
 proceedings at district expense, and a party may obtain a 
 transcript at its own expense.  Testimony shall be given under 
 oath.  The hearing officer or a member of the school board shall 
 have the power to issue subpoenas and administer oaths.  

    Subd. 9.  At a reasonable time prior to the hearing, the 
 pupil, parent or guardian, or representative, shall be given 
 access to all public school system records pertaining to the 
 pupil, including any tests or reports upon which the proposed 
 action may be based.  

    Subd. 10.  The pupil, parent or guardian, or 
 representative, shall have the right to compel the attendance of 
 any official employee or agent of the public school system or 
 any public employee or any other person who may have evidence 
 upon which the proposed action may be based, and to confront and 
 to cross-examine any witness testifying for the public school 
 system.  

    Subd. 11.  The pupil, parent or guardian, or 
 representative, shall have the right to present evidence and 
 testimony, including expert psychological or educational 
 testimony.  

    Subd. 12.  The pupil cannot be compelled to testify in the 
 dismissal proceedings.  

    Subd. 13.  The recommendation of the hearing officer or 
 school board member or committee shall be based solely upon 
 substantial evidence presented at the hearing and must be made 
 to the school board and served upon the parties within two days 
 of the end of the hearing.  

    Subd. 14.  The school board shall base its decision upon 
 the recommendation of the hearing officer or school board member 
 or committee and shall render its decision at a meeting held 
 within five days after receiving the recommendation.  The school 
 board may provide the parties with the opportunity to present 
 exceptions and comments to the hearing officer's recommendations 
 provided that neither party presents any evidence not admitted 
 at the hearing.  The decision by the school board must be based 
 on the record, must be in writing, and must state the 
 controlling facts on which the decision is made in sufficient 
 detail to apprise the parties and the commissioner of children, 
 families, and learning of the basis and reason for the decision. 

    Subd. 15.    Admission or readmission plan.  A school 
 administrator shall prepare and enforce an admission or 
 readmission plan for any pupil who is suspended, excluded, or 
 expelled from school.  The plan may include measures to improve 
 the pupil's behavior and require parental involvement in the 
 admission or readmission process, and may indicate the 
 consequences to the pupil of not improving the pupil's behavior. 

    HIST: 1974 c 572 s 6; 1986 c 444; 1994 c 647 art 4 s 37; 
 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 art 7 s 23-28 

     127.311 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. 

    HIST: 1Sp1995 c 3 art 9 s 30; 1Sp1997 c 4 art 7 s 29 

     127.32 Appeal. 

    A party to an exclusion or expulsion decision made under 
 sections 127.26 to 127.39 may appeal the decision to the 
 commissioner of children, families, and learning within 21 
 calendar days of school board action.  Upon being served with a 
 notice of appeal, the district shall provide the commissioner 
 and the parent or guardian with a complete copy of the hearing 
 record within five days of its receipt of the notice of appeal.  
 All written submissions by the appellant must be submitted and 
 served on the respondent within ten days of its actual receipt 
 of the transcript.  All written submissions by the respondent 
 must be submitted and served on the appellant within ten days of 
 its actual receipt of the written submissions of the appellant. 

    In an appeal under this section, the commissioner may 
 affirm the decision of the agency or may reverse or modify the 
 decision if the substantial rights of the petitioners may have 
 been prejudiced because the administrative findings, inferences, 
 conclusions, or decisions are: 

    (1) in violation of constitutional provisions; 

    (2) in excess of the statutory authority or jurisdiction of 
 the school district; 

    (3) made upon unlawful procedure, except as provided in 
 section 127.311; 

    (4) affected by other error of law; 

    (5) unsupported by substantial evidence in view of the 
 entire record submitted; or 

    (6) arbitrary or capricious. 

 The commissioner or the commissioner's representative shall make 
 a final decision based upon the record of evidence presented at 
 the hearing.  The commissioner shall issue a decision within 30 
 calendar days of receiving the entire record and the parties' 
 written submission on appeal.  The commissioner's decision shall 
 be final and binding upon the parties after the time for appeal 
 expires under section 127.33. 

    HIST: 1974 c 572 s 7; 1986 c 444; 1Sp1995 c 3 art 16 s 13; 
 1Sp1997 c 4 art 7 s 30 

     127.33 Judicial review. 

    The decision of the commissioner of children, families, and 
 learning made under sections 127.26 to 127.39 is subject to 
 judicial review under sections 14.63 to 14.69.  The decision of 
 the commissioner is stayed pending an appeal under this section. 

    HIST: 1974 c 572 s 8; 1983 c 247 s 60; 1Sp1995 c 3 art 16 s 13; 
 1Sp1997 c 4 art 7 s 31 

     127.34 Reports to service agency.  

    The school board shall report any action taken pursuant to 
 sections 127.26 to 127.39 to the appropriate public service 
 agency, when the pupil is under the supervision of such agency.  

    HIST: 1974 c 572 s 9 

     127.35 Nonapplication of compulsory attendance law. 

    The provisions of section 120.101, subdivision 5, shall not 
 apply to any pupil during a dismissal pursuant to sections 
 127.26 to 127.39. 

    HIST: 1974 c 572 s 10; 1989 c 209 art 2 s 11 

     127.36 Report to commissioner of children, families, and 
  learning. 

    Subdivision 1.    Exclusions and expulsions.  The school 
 board shall report each exclusion or expulsion within 30 days of 
 the effective date of the action to the commissioner of 
 children, families, and learning.  This report shall include a 
 statement of alternative educational services given the pupil 
 before beginning exclusion or expulsion proceedings, and the 
 reason for, the effective date, and the duration of the 
 exclusion or expulsion.  

    Subd. 2.    Report.  The school board must include state 
 student identification numbers of affected pupils on all 
 dismissal reports required by the department.  The department 
 must report annually to the commissioner summary data on the 
 number of dismissals by age, grade, gender, race, and special 
 education status of the affected pupils. 

    HIST: 1974 c 572 s 11; 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 
 art 7 s 32 

     127.37 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.  

    HIST: 1974 c 572 s 12; 1986 c 444; 1Sp1997 c 4 art 7 s 33 

     127.38 Policies to be established. 

    (a) The commissioner of children, families, and learning 
 shall promulgate guidelines to assist each school board.  Each 
 school board shall establish uniform criteria for dismissal and 
 adopt written policies and rules to effectuate the purposes of 
 sections 127.26 to 127.39.  The policies shall emphasize 
 preventing dismissals through early detection of problems.  The 
 policies shall recognize the continuing responsibility of the 
 school for the education of the pupil during the dismissal 
 period.  The alternative educational services, if the pupil 
 wishes to take advantage of them, must be adequate to allow the 
 pupil to make progress towards meeting the graduation standards 
 adopted under section 121.11, subdivision 7c, and help prepare 
 the pupil for readmission.  

    (b) An area learning center under section 124C.45 may not 
 prohibit an expelled or excluded pupil from enrolling solely 
 because a district expelled or excluded the pupil.  The board of 
 the area learning center may use the provisions of The Pupil 
 Fair Dismissal Act to exclude a pupil or to require an admission 
 plan. 

    (c) The commissioner shall actively encourage and assist 
 school districts to cooperatively establish alternative 
 educational services that offer instruction to pupils who are 
 dismissed from school for willfully engaging in dangerous, 
 disruptive, or violent behavior, including for possessing a 
 firearm in a school zone. 

    HIST: 1974 c 572 s 13; 1986 c 444; 1994 c 647 art 4 s 38; 
 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 art 7 s 34 

     127.39 Application.  

    Subdivision 1.  Sections 127.26 to 127.39 shall not be 
 deemed to amend or otherwise affect or change section 363.03, 
 subdivision 5, clause (2).  

    Subd. 2.  Sections 127.26 to 127.39 shall apply only to 
 those portions of the school program for which credit is granted.

    HIST: 1974 c 572 s 14,15 

     127.40 Definitions. 

    Subdivision 1.    Removal from class.  "Removal from 
 class" and "removal" mean any actions taken by a teacher, 
 principal, or other school district employee to prohibit a pupil 
 from attending a class or activity period for a period of time 
 not to exceed five days, pursuant to procedures established in 
 the school district discipline policy adopted by the school 
 board pursuant to section 127.41.  

    Subd. 2.    Class period.  "Class period" or "activity 
 period" means a period of time as defined in the district's 
 written discipline policy.  

    Subd. 3.    School site mediation board.  "School site 
 mediation board" means a board representative of parents of 
 students in the building, staff, and students that shall have 
 the responsibilities as defined in section 127.411.  The 
 principal or other person having general control and supervision 
 of the school, shall serve as an ex officio member of the board. 

    Subd. 4.    School-based ombudsperson.  "School-based 
 ombudsperson" means an administrator, a teacher, a parent, or a 
 student representative who shall have the responsibilities as 
 outlined in section 127.412. 

    HIST: 1983 c 163 s 2; 1Sp1995 c 3 art 9 s 31 

     127.41 Discipline and removal of students from class. 

    Subdivision 1.    Required policy.  Each school board 
 shall adopt a written districtwide school discipline policy 
 which shall include written rules of conduct for students, 
 minimum consequences for violations of the rules, and grounds 
 and procedures for removal of a student from class.  The policy 
 shall be developed with the participation of administrators, 
 teachers, employees, pupils, parents, community members, and 
 such other individuals or organizations as the board determines 
 appropriate.  A school site council may adopt additional 
 provisions to the policy subject to the approval of the school 
 board. 

    Subd. 2.    Grounds for removal from class.  The policy 
 shall establish the various grounds for which a student may be 
 removed from a class in the district for a period of time 
 pursuant to the procedures specified in the policy.  The grounds 
 in the policy shall include at least the following provisions as 
 well as other grounds determined appropriate by the board:  

    (a) willful conduct which materially and substantially 
 disrupts the rights of others to an education; 

    (b) willful conduct which endangers school district 
 employees, the student or other students, or the property of the 
 school; 

    (c) willful violation of any rule of conduct specified in 
 the discipline policy adopted by the board.  

    Subd. 3.    Policy components.  The policy shall include 
 at least the following components:  

    (a) rules governing student conduct and procedures for 
 informing students of the rules; 

    (b) the grounds for removal of a student from a class; 

    (c) the authority of the classroom teacher to remove 
 students from the classroom pursuant to procedures and rules 
 established in the district's policy; 

    (d) the procedures for removal of a student from a class by 
 a teacher, school administrator, or other school district 
 employee; 

    (e) the period of time for which a student may be removed 
 from a class, which may not exceed five class periods for a 
 violation of a rule of conduct; 

    (f) provisions relating to the responsibility for and 
 custody of a student removed from a class; 

    (g) the procedures for return of a student to the specified 
 class from which the student has been removed; 

    (h) the procedures for notifying a student and the 
 student's parents or guardian of violations of the rules of 
 conduct and of resulting disciplinary actions; 

    (i) any procedures determined appropriate for encouraging 
 early involvement of parents or guardians in attempts to improve 
 a student's behavior; 

    (j) any procedures determined appropriate for encouraging 
 early detection of behavioral problems; 

    (k) any procedures determined appropriate for referring a 
 student in need of special education services to those services; 

    (1) the procedures for consideration of whether there is a 
 need for a further assessment or of whether there is a need for 
 a review of the adequacy of a current individual education plan 
 of a student with a disability who is removed from class; 

    (m) procedures for detecting and addressing chemical abuse 
 problems of a student while on the school premises; 

    (n) the minimum consequences for violations of the code of 
 conduct; and 

    (o) procedures for immediate and appropriate interventions 
 tied to violations of the code.  

    HIST: 1983 c 163 s 3; 1987 c 295 s 5; 1991 c 265 art 3 s 38; 
 1Sp1995 c 3 art 9 s 32 

     127.411 School site mediation board. 

    Subdivision 1.    Board allowed.  A school district or 
 school site council may establish a school site mediation 
 board.  The board shall consist of equal numbers of staff and 
 parents and, in the case of secondary schools, student 
 representatives.  Members shall be representative of the school 
 community and shall be selected by a method as determined in the 
 district's discipline policy. 

    Subd. 2.    Purposes and duties.  The board shall 
 mediate issues in dispute at the school site related to the 
 implementation of district and school site codes of conduct 
 under sections 127.40 to 127.413, and the application of the 
 codes to a student. 

    HIST: 1Sp1995 c 3 art 9 s 33 

     127.412 Ombudsperson service. 

    A school district or school site council may establish an 
 ombudsperson service for students, parents, and staff.  The 
 service shall consist of an administrator, a student, a parent, 
 and a teacher.  The school site shall notify students, parents, 
 and staff of the availability of the service.  The service shall 
 provide advocacy for enforcement of the codes of conduct and the 
 procedures to remediate disputes related to implementation of 
 the code of conduct and the goals of the school in maintaining 
 an orderly learning environment for all students. 

    HIST: 1Sp1995 c 3 art 9 s 34 

     127.413 Notification. 

    Representatives of the school board and the exclusive 
 representative of the teachers shall discuss issues related to 
 notification prior to placement in classrooms of students with 
 histories of violent behavior and any need for intervention 
 services or conflict resolution or training for staff in such 
 cases. 

    HIST: 1Sp1995 c 3 art 9 s 35 

     127.42 Review of policy. 

    The principal or other person having general control and 
 supervision of the school, and representatives of parents, 
 students, and staff in a school building shall confer at least 
 annually to review the discipline policy and to assess whether 
 the policy has been enforced.  Each school board shall conduct 
 an annual review of the districtwide discipline policy. 

    HIST: 1983 c 163 s 4; 1Sp1995 c 3 art 9 s 36 

     127.43 Definitions. 

    Subdivision 1.    Application.  For the purposes of 
 providing instruction to children with a disability under 
 sections 120.17 and 120.1701, this section, and section 127.44, 
 the following terms have the meanings given them.  

    Subd. 2.    Aversive procedure.  "Aversive procedure" 
 means the planned application of an aversive stimulus. 

    Subd. 3.    Aversive stimulus.  "Aversive stimulus" 
 means an object that is used, or an event or situation that 
 occurs immediately after a specified behavior in order to 
 suppress that behavior.  

    Subd. 4.    Deprivation procedure.  "Deprivation 
 procedure" means the planned delay or withdrawal of goods, 
 services, or activities that the person would otherwise receive. 

    Subd. 5.    Emergency.  "Emergency" means a situation in 
 which immediate intervention is necessary to protect a pupil or 
 other individual from physical injury or to prevent property 
 damage.  

    HIST: 1988 c 554 s 1; 1990 c 495 s 1; 1991 c 265 art 3 s 38; 
 1994 c 647 art 13 s 11 

     127.44 Aversive and deprivation procedures. 

    The state board of education shall adopt rules governing 
 the use of aversive and deprivation procedures by school 
 district employees or persons under contract with a school 
 district.  The rules must: 

    (1) promote the use of positive approaches and must not 
 encourage or require the use of aversive or deprivation 
 procedures; 

    (2) require that planned application of aversive and 
 deprivation procedures be a part of an individual education 
 plan; 

    (3) require parents or guardians to be notified after the 
 use of aversive or deprivation procedures in an emergency; 

    (4) establish health and safety standards for the use of 
 time-out procedures that require a safe environment, continuous 
 monitoring of the child, ventilation, and adequate space; and 

    (5) contain a list of prohibited procedures. 

    HIST: 1988 c 554 s 2; 1990 c 495 s 2 

     127.45 Corporal punishment. 

    Subdivision 1.    Definition.  For the purpose of this 
 section, "corporal punishment" means conduct involving:  

    (1) hitting or spanking a person with or without an object; 
 or 

    (2) unreasonable physical force that causes bodily harm or 
 substantial emotional harm. 

    Subd. 2.    Corporal punishment not allowed.  An 
 employee or agent of a public school district shall not inflict 
 corporal punishment or cause corporal punishment to be inflicted 
 upon a pupil to reform unacceptable conduct or as a penalty for 
 unacceptable conduct. 

    Subd. 3.    Violation.  Conduct that violates 
 subdivision 2 is not a crime under section 645.241, but may be a 
 crime under chapter 609 if the conduct violates a provision of 
 chapter 609. 

    HIST: 1989 c 114 s 1; 1990 c 382 s 1 

     127.455 Model policy. 

    The commissioner of children, families, and learning shall 
 maintain and make available to school boards a model sexual, 
 religious, and racial harassment and violence policy.  The model 
 policy shall address the requirements of section 127.46. 

    Each school board shall submit to the commissioner of 
 children, families, and learning a copy of the sexual, 
 religious, and racial harassment and sexual, religious, and 
 racial violence policy the board has adopted. 

    HIST: 1989 c 329 art 8 s 8; 1990 c 426 art 1 s 17; 1993 c 224 
 art 9 s 37; 1Sp1995 c 3 art 16 s 13 

     127.46 Sexual, religious, and racial harassment and 
  violence policy. 

    Each school board shall adopt a written sexual, religious, 
 and racial harassment and sexual, religious, and racial violence 
 policy that conforms with sections 363.01 to 363.15.  The policy 
 shall apply to pupils, teachers, administrators, and other 
 school personnel, include reporting procedures, and set forth 
 disciplinary actions that will be taken for violation of the 
 policy.  Disciplinary actions must conform with collective 
 bargaining agreements and sections 127.27 to 127.39.  The policy 
 must be conspicuously posted throughout each school building, 
 given to each district employee and independent contractor at 
 the time of entering into the person's employment contract, and 
 included in each school's student handbook on school policies.  
 Each school must develop a process for discussing the school's 
 sexual, religious, and racial harassment and violence policy 
 with students and school employees. 

    HIST: 1989 c 329 art 8 s 7; 1992 c 499 art 8 s 17; 1992 c 571 
 art 10 s 7; 1993 c 224 art 9 s 38; 1994 c 647 art 8 s 25 

     127.465 Hazing policy. 

    Subdivision 1.    Definitions.  (a) "Hazing" means 
 committing an act against a student, or coercing a student into 
 committing an act, that creates a substantial risk of harm to a 
 person in order for the student to be initiated into or 
 affiliated with a student organization. 

    (b) "Student organization" means a group, club, or 
 organization having students as its primary members or 
 participants. 

    Subd. 2.    Model policy.  The commissioner of children, 
 families, and learning shall maintain and make available to 
 school boards a model policy on student or staff hazing that 
 addresses the requirements of subdivision 3.  

    Subd. 3.    School board policy.  Each school board 
 shall adopt a written policy governing student or staff hazing.  
 The policy must apply to student behavior that occurs on or off 
 school property and during and after school hours.  The policy 
 must include reporting procedures and disciplinary consequences 
 for violating the policy.  Disciplinary consequences must be 
 sufficiently severe to deter violations and appropriately 
 discipline prohibited behavior.  Disciplinary consequences must 
 conform with sections 127.27 to 127.39.  Each school must 
 include the policy in the student handbook on school policies. 

    HIST: 1Sp1997 c 4 art 7 s 35 

     127.47 School locker policy. 

    Subdivision 1.    Policy.  It is the policy of the state 
 of Minnesota that:  

    "School lockers are the property of the school district.  
 At no time does the school district relinquish its exclusive 
 control of lockers provided for the convenience of students.  
 Inspection of the interior of lockers may be conducted by school 
 authorities for any reason at any time, without notice, without 
 student consent, and without a search warrant.  The personal 
 possessions of students within a school locker may be searched 
 only when school authorities have a reasonable suspicion that 
 the search will uncover evidence of a violation of law or school 
 rules.  As soon as practicable after the search of a student's 
 personal possessions, the school authorities must provide notice 
 of the search to students whose lockers were searched unless 
 disclosure would impede an ongoing investigation by police or 
 school officials." 

    Subd. 2.    Dissemination.  The locker policy must be 
 disseminated to parents and students in the way that other 
 policies of general application to students are disseminated.  A 
 copy of the policy must be provided to a student the first time 
 after the policy is effective that the student is given the use 
 of a locker. 

    HIST: 1995 c 226 art 3 s 11 

     127.48 Policy to refer firearms possessor. 

    Each school board must have a policy requiring the 
 appropriate school official to, as soon as practicable, refer to 
 the criminal justice or juvenile delinquency system, as 
 appropriate, any pupil who brings a firearm to school unlawfully.

    HIST: 1995 c 226 art 3 s 12