Professional Documents
Culture Documents
Student Discipline
MN Pupil Fair Dismissal Act
MN Pupil Fair Dismissal Act
Sections 121A.40 to 121A.56
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.
-121A.42
Analysis: How did the court apply the law to the facts ?
Analysis: How did the court apply the law to the facts?
It held that a public school must conduct a hearing before subjecting a student to suspension.
Also, a suspension without a hearing violates the Due Process Clause of the 14th Amendment
of the US Constitution.
1. Must give adequate notice to students and parents regarding the rules. Clearly communicated to all.
2. Record should be compiled including: Alleged infraction, time of occurrence, place of occurrence, witnesses,
previous efforts made to remedy alleged behavior
4. Oral or written notice to student outlining charges, evidence, and offered a chance to refute.
5. There is no delay needed before discussing the charges or holding a hearing, since there is no intent for
permanent removal.
6. School officials should listen to all sides and offer uninterrupted talk time for students.
7. Parent/guardian should be made aware of the hearing and it’s results through written notice
Activity - Text Rendering Protocol
Box Cutter Case (Exploring Zero Tolerance policies)
1. Read - Box cutter was for work... - http://tinyurl.com/y88zrpf2 & Its Back to
school...http://tinyurl.com/yc724m8g
2. Mark - the sentence, phrase & word that is significant to you.
3. Share - text you marked in your small group, start with sentence (record &
prepare for discussion)
4. Discuss - Large group share out -
a. What does what we heard say about this article?
b. Do the one words we selected as a whole summarize the article?
- In Minneapolis Public Schools, data shows that black students are 10 times
more likely to be sent home from school than white classmates (2014).
-Matos, Alejandra (2014). Star Tribune. Minneapolis schools to make suspending children of color more difficult
Countless other data points demonstrate disproportionate discipline practices and a need for change.
Activity & Discussion
Is school discipline approach too subjective?
1. Read -
a. Restorative Practices Trainers Guide - http://tinyurl.com/y7pfvqt2
b. A Resource Guide for Improving School Climate & Discipline -
http://tinyurl.com/y9zleqfw
c. MN Compilation of School Laws & Regulations -
http://tinyurl.com/yckkvb36
1. Students, parents, or legal; guardians should be informed based on school/district policy for specific infraction.
(Should be informed of their Fourteenth Amendment)
Follow these steps to meet standards of due process & fundamental fairness.
Resources
- Essex, Nathan L. (2012). School Law And The Public Schools: A Practical Guide for Educational Leaders (Fifth
Edition). Upper Saddle River, New Jersey: Pearson Education, Inc.
- Matos, Alejandra (2014). Star Tribune. Minneapolis schools to make suspending children of color more difficult.
Retrieved from
http://www.startribune.com/mpls-schools-to-make-suspending-children-of-color-more-difficult/281999171/
- MN Statutes, MN Pupil Fair Dismissal Act (1974). 121A.40 to 121A.56. Retrieved from
https://education.state.mn.us/mdeprod/groups/educ/documents/basic/mdaw/mda2/~edisp/006059.pdf
- U.S. Department of Education Office for Civil Rights (2014). Civil Rights Data Collection: Data Snapshot (School
Discipline), p. 1. Retrieved from http://www2.ed.gov/about/offices/list/ocr/docs/crdc-discipline-snapshot.pdf