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 proposed 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 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 . 13 . 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 . 14 .
( a ) 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 .
( b ) The definition of suspension under section 121A . 41 , subdivision 10 , does not apply to a student ’ s dismissal from school for one school day of less , except as provided under federal law for a student with a disability . Each suspension action may include a readmission plan . A readmission plan must provide , where appropriate , alternative education services , which must not be used to extend the student ’ s current suspension period . Consistent with section 125A . 091 , subdivision 5 , a readmission plan must not obligate a parent or guardian to provide psychotropic drugs to their student as a condition of readmission . School officials must not use the refusal of a parent or guardian to consent to the administration of psychotropic drugs to their student or to consent to a psychiatric evaluation , screening or examination of the student as a ground , by itself , to prohibit the student from attending class or participating in a school related activity , or as a basis of a charge of child abuse , child neglect or medical or educational neglect . The law includes an appeal process . For more information contact Ray Brodeur , 763-506-1560 .
Reasonable Force Standard , Section 121A . 582
( Also see Minnesota Statute 121A . 582 ) 1 . In certain instances , it becomes necessary for staff members to use reasonable force to provide a safe environment for students . Reasonable force may be used on a student without his / her consent when used by an administrator , teacher , school bus driver or other agent of the school in the exercise of lawful authority and when it is necessary under the circumstances to correct or restrain a student , or prevent bodily harm or death to another .
2 . Reasonable force shall be defined as the physical force necessary , but in no greater measure than is necessary to prevent the adverse actions of one or more students from affecting other students or staff members .
3 . Reasonable force may be used by staff members : ( a ) to quell a disturbance threatening injury to others ; ( b ) to obtain possession of weapons or other dangerous objects upon the person or within the control of the pupil ; ( c ) for the purpose of self-defense ; ( d ) for the protection of persons and / or property ; and ( e ) to direct the movement or actions of a student in order to avoid undue or deliberate disruption of the classroom or other parts of the school . Such acts , or any one of them , shall not be construed to constitute corporal punishment within the meaning and intention of this policy .
4 . Crisis Prevention Intervention ( CPI ) training is made available to staff throughout the year . Staff is encouraged to make use of the de-escalation techniques as proactive measures of limiting the need for restraint .
5 . If physical restraint becomes necessary with a special education student , a Critical Incident Report must be completed .