persons or property, in which case the conference shall take
place as soon as practicable following the suspension.
Subd. 2. At the informal administrative conference, a school
administrator shall notify the pupil of the grounds for the suspen-
sion, provide an explanation of the evidence the authorities have,
and the pupil may present the pupil’s version of the facts.
Subd. 3. 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 121A.40 to 121A.56,
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 suspen-
sion by telephone as soon as possible following suspension.
In the event a pupil is suspended without an informal administra-
tive conference on the grounds that the pupil will create an imme-
diate 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. 4. Notwithstanding the provisions of subdivisions 1 and 3,
the pupil may be suspended pending the school board’s decision
in the expulsion or exclusion hearing; provided that alternative ed-
ucational services are implemented to the extent that suspension
exceeds five days.
EXCLUSION AND EXPULSION PROCEDURES
Minnesota Statute, section 121A.47
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 121A.40 to 121A.56;
(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.
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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. 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. 7. 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. 8. 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. 9. 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 pro-
posed action may be based, and to confront and to cross-examine
any witness testifying for the public school system.
Subd. 10. The pupil, parent or guardian, or representative shall
have the right to present evidence and testimony, including
expert psychological or educational testimony.
Subd. 11. The pupil cannot be compelled to testify in the
dismissal proceedings.
Subd. 12. The recommendation of the hearing officer or school
board member or committee shall be based solely upon substan-
tial 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. 13. The school board shall base its decision upon the recom-
mendation 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 hear-
ing. 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. 14. A school administrator shall prepare and enforce an
admission or readmission plan for any pupil who is 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.
The law includes an appeal process. For more information
contact Ray Brodeur, 763-506-1560.
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