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Minnesota Legislature

Office of the Revisor of Statutes

121A.61 DISCIPLINE AND REMOVAL OF STUDENTS FROM CLASS.
    Subdivision 1. Required policy. Each school board must adopt a written districtwide school
discipline policy which includes 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
must be developed in consultation with administrators, teachers, employees, pupils, parents,
community members, law enforcement agencies, county attorney offices, social service agencies,
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 must establish the various grounds
for which a student may be removed from a class in the district for a period of time under the
procedures specified in the policy. The policy must include a procedure for notifying and meeting
with a student's parent or guardian to discuss the problem that is causing the student to be
removed from class after the student has been removed from class more than ten times in one
school year. The grounds in the policy must include at least the following provisions as well as
other grounds determined appropriate by the board:
(a) willful conduct that significantly disrupts the rights of others to an education, including
conduct that interferes with a teacher's ability to teach or communicate effectively with students
in a class or with the ability of other students to learn;
(b) willful conduct that endangers surrounding persons, including school district employees,
the student or other students, or the property of the school; and
(c) willful violation of any rule of conduct specified in the discipline policy adopted by
the board.
    Subd. 3. Policy components. The policy must 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;
(o) procedures for immediate and appropriate interventions tied to violations of the code;
(p) a provision that states that a teacher, school employee, school bus driver, or other agent
of a district may use reasonable force in compliance with section 121A.582 and other laws; and
(q) an agreement regarding procedures to coordinate crisis services to the extent funds are
available with the county board responsible for implementing sections 245.487 to 245.4887 for
students with a serious emotional disturbance or other students who have an individualized
education plan whose behavior may be addressed by crisis intervention.
History: 1983 c 163 s 3; 1987 c 295 s 5; 1991 c 265 art 3 s 38; 1Sp1995 c 3 art 9 s 32;
1998 c 397 art 9 s 14,26; 1999 c 241 art 9 s 5; 2000 c 489 art 6 s 4; 2001 c 183 s 3; 1Sp2003 c 9
art 2 s 5; 1Sp2003 c 14 art 11 s 11