501 GRADUATION REQUIREMENTS

Revised: May 8, 2008
Revised: December 8, 2010
Revised: June 8, 2011

All senior high school students shall attend eight semesters to be eligible to receive a high school diploma. Certain alternatives to the eight semester requirement may include:

1. Advanced entry into higher education.

2. Extraordinary conditions which shall be reviewed individually.

The following conditions must be met to be considered for exception to high school requirements under the above policy:

1. The alternatives to attendance in school shall be arranged through conferences with student, parents, one teacher chosen by the student, one teacher chosen by the principal, and the principal.

2. Procedures for implementing this policy shall be developed by the administration. The board shall ratify the process.

3. The screening committee shall have the authority to waive the eight semester requirement.

Eligibility for consideration under this policy:

1. Students may be allowed alternatives to the regular eight semester program in grades 9-12 provided they have successfully completed seven semesters and a minimum of 26 credits which include required credits in the following areas:

English ….4 credits
Social Studies ….4 credits
Math ….3 credits
Science ….3 credits
Phy Ed/Health 9…………….1 credit
Art ….1 credit
Consumer Education ….0.5 credit*
Elective ….remaining credits
State Standards Testing….as required

*Cons. Ed. .5 credit may be replaced by completion of
higher level math or science class (Algebra II, Trigonometry, Chemistry, Physics, Anatomy, or Physiology).

2. They must have a special need and an appropriately planned educational program.

3. They must have written evidence of approval from the parents and the alternate educational institution.

4. The plan must be submitted prior to the completion of the fourth semester.

5. The student must have a grade point average of not less than 8.0 for consideration unless the screening committee recommends that this requirement be waived. Procedures for implementing the waiver of the eight semester requirement are:

a. The student who meets the need qualification must submit, in writing, a plan to the high school principal for consideration. The plan must explain the student’s special need for being released from high school in fewer than eight semesters.

b. A screening committee composed of the superintendent, the high school principal, one teacher chosen by the student, and one teacher chosen by the principal shall review the written plan.

c. A personal conference involving the student, parents, and high school principal shall be held for each student whose request is to be considered by the screening committee.

d. Written acceptance of the plan should be obtained from the college or military service involved prior to the student being excused from attendance.

e. A student who completes the requirements of the plan shall be eligible to receive the high school diploma at the time of graduation exercises in the spring. Students not completing the alternate plan shall be required to complete the eight semester requirement.

6. A student transferring into the South Koochiching-Rainy River School District during his/her senior year must meet the following graduation requirements:
a. Must be on track to graduate at their most recent school of enrollment;

b. Must successfully complete a minimum of 24 total credits;

c. Must have successfully completed all of the required classes for graduation in the proper areas as listed above; and

d. Must be enrolled in a minimum of six periods of classes in our seven period school day.

General Conditions:

1. Marriage, pregnancy or employment, as such, shall not be considered as a justifiable reason for waiver of the regular school program.

2. The screening committee may review any unique request that is not covered in the above procedure (See policy 602).

MSBA/MASA Model Policy 513
Orig. 1995
Rev. 2024

502     STUDENT PROMOTION, RETENTION, AND PROGRAM DESIGN

I.         PURPOSE

The purpose of this policy is to provide guidance to professional staff, parents, and students regarding student promotion, retention, and program design.

II.        GENERAL STATEMENT OF POLICY

The school board expects all students to achieve at an acceptable level of proficiency.   Parental assistance, tutorial and remedial programs, counseling, and other appropriate services shall be coordinated and utilized to the greatest extent possible to help students succeed in school.

A.         Promotion

Students who achieve at levels deemed acceptable by local and state standards shall be promoted to the next grade level at the completion of each school year.

B.         Retention

Retention of a student may be considered when professional staff and parents feel that it is in the best interest of the student.  Physical development, maturity, and emotional factors shall be considered, as well as scholastic achievement.  The superintendent’s decision shall be final.

C.         Program Design

1.         The superintendent, with participation of the professional staff and parents, shall develop and implement programs to challenge students that are consistent with the needs of students at every level.  A process to assess and evaluate students for program assignment shall be developed in coordination with such programs.   Opportunities for special programs and placement outside of the school district shall also be developed as additional options.  All programs will be aligned with creating comprehensive achievement and civic readiness.

2.       The school district may identify students, locally develop programs and services addressing instructional and affective needs, provide staff development, and evaluate programs to provide gifted and talented students with challenging and appropriate educational programs and services.

3.        The school district must adopt guidelines for assessing and identifying students for participation in gifted and talented programs and services consistent with Minnesota Statutes, section 120B.11.   The guidelines should include the use of:

a.         multiple objective criteria; and

b.         assessments and procedures that are valid and reliable, fair, and based on current theory and research.  Assessments and procedures should be sensitive to under-represented groups, including, but not limited to, low-income, minority, twice-exceptional, and English learners.

4.         The school district must adopt procedures for the academic acceleration of gifted and talented students.  These procedures will include how the school district will:

a.         assess a student’s readiness and motivation for acceleration; and 

b.         match the level, complexity, and pace of the curriculum to a student to achieve the best type of academic acceleration for that student.

5.         The school district must adopt procedures consistent with Minnesota Statutes, section 124D.02 for early admission to kindergarten or first grade of gifted or talented learners consistent with Minnesota Statutes, section 120B.11, subdivision 2, clause (2). The procedures must be sensitive to underrepresented groups.

Legal References:      Minn. Stat. § 120B.15 (Gifted and Talented Students Program)

                                  Minn. Stat. § 123B.143, Subd. 1 (Superintendent)

Cross References:      MSBA/MASA Model Policy 613 (Graduation Requirements)

                                  MSBA/MASA Model Policy 614 (School District Testing Plan and Procedure)

MSBA/MASA Model Policy 615 (Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans, and LEP Students)

MSBA/MASA Model Policy 617 (School District Ensurance of Preparatory and High School Standards)

MSBA/MASA Model Policy 618 (Assessment of Student Achievement)

MSBA/MASA Model Policy 620 (Credit for Learning)

Adopted 9/2023

ISD #363 Policy 502.1: Early Entrance into Kindergarten

1. Parents whose children are born after September 1, and before October 15, may submit a
written request for early entrance for their child, to the District Superintendent, no later
than May 1 of the year for which early entrance is requested, or under special
circumstances approved by District Administration.

2. The parent will schedule an evaluation for the child with a licensed psychologist of their
choice at no cost to the district. The report to the district should include test results, a
statement regarding validity, behavior observations and recommendations.

3. Children must meet the following early entrance criteria:
1. Intellectual and academic development. The child’s score, as determined by the
psychologist, must be within the very superior range (I.Q. 130+), using a
standardized instrument, e.g., Stanford-Binet Intelligence Scale or Wechsler
Preschool Primary Scales of Intelligence (latest norms).
2. Physical, Social, and Emotional development. The child’s physical, social, and
emotional maturity shall be determined through:

i. The clinical observations of the psychologist.

ii. The successful completion of Early Childhood Screening.

iii. The recommendation from the child’s preschool teacher if the child has
been in a program.

iv. A favorable score on the Ages and Stages Questionnaires: SocialEmotional (ASQ:SE) as determined by the psychologist., and

v. The successful completion of a kindergarten literacy assessment by a
kindergarten teacher.

4. A team, consisting of the parents, the school psychologist, the building principal, District
Superintendent, and kindergarten teacher of the building at which the child would be
enrolled, shall review the information reflecting the child’s level of development. The
team shall determine whether or not the child should be recommended for early entrance.

5. Parents who disagree with the recommendation of the team may appeal the decision in
writing to the Board of Education. The final decision shall rest with the District
Superintendent and the Board of Education.

503 STUDENT REPORT CARDS

The board requires that all parents be informed at regular intervals on the progress of their children. The superintendent shall establish means through which this shall be accomplished.

The board also encourages the administration and staff to work toward improved methods for evaluating children’s progress and to develop more meaningful ways to report achievement to parents.

Report cards will be issued four times a year. Nine weeks reports are due and cards will be sent to parents on the dates indicated on the school calendar. The following code is to be used:

A Excellent
B Above Average
C Average
D Below Average
F Failure
I Incomplete

Teachers at elementary levels are asked to send a “Memo to Parents” home with report cards. This is to be a newsletter written by the teacher reporting highlights of the past nine weeks’ work and indicating plans for the coming nine weeks. A draft of the memo is to be submitted for the principal’s approval ten days prior to the report card dates.

504 NEW RESIDENT STUDENTS

Grade placement shall be the responsibility of the principal and shall be based on general achievement, consideration being given to the mental, emotional, physical, and social maturity of the child. In general, pupils transferring into the system will be placed in the same grade level as in the school from which they transferred, but children transferring, as well as continuing pupils, may be retained or advanced in grade at the principal’s discretion.

MSBA/MASA Model Policy 509
Orig. 1995
Rev. 2024

505     ENROLLMENT OF NONRESIDENT STUDENTS

[NOTE: The provisions of this policy substantially reflect statutory requirements.]

I.         PURPOSE

The school district desires to participate in the Enrollment Options Program (Open Enrollment) established by Minnesota Statutes, section 124D.03. The purpose of this policy is to set forth the application and exclusion procedures used by the school district in making said determination.

II.        GENERAL STATEMENT OF POLICY

The school board adopts specific standards for acceptance and rejection of Open Enrollment applications.

III.        OPEN ENROLLMENT PROCESS

A.    Open Enrollment applications will be approved provided that acceptance of the application will not exceed the capacity of a program, excluding special education services; class; grade level; or school building as established by school board resolution and provided that:

1.       space is available for the applicant under enrollment cap standards established by school board policy or other directive; and

2.       in considering the capacity of a grade level, the school district may only limit the enrollment of nonresident students to a number not less than the lesser of: (a) one percent of the total enrollment at each grade level in the school district; or (b) the number of school district resident students at that grade level enrolled in a nonresident school district in accordance with Minnesota Statutes, section 124D.03.

3.         the applicant is not otherwise excluded by action of the school district because of previous conduct in another school district.

B.       If the school district limits enrollment of nonresident students pursuant to this section, the district shall report to the Commissioner of the Minnesota Department of Education (MDE) by July 15 on the number of nonresident pupils denied admission due to the limitations on the enrollment of nonresident pupils. 

C.      The parent of a student with a disability not yet enrolled in kindergarten and not open enrolled in a nonresident district may elect, in the same manner as the parent of a resident student with a disability, a school in the nonresident district where the child is enrolled in a Head Start program or a licensed child care setting in the nonresident district, provided the child can be served in the same setting as other children in the nonresident district with the same level of disability.

Under this paragraph, parents must demonstrate enrollment in a community preschool or childcare setting.

[NOTE: MDE states: “There is no standard set for how parents must demonstrate enrollment in a community preschool or childcare setting.  We recommend a written policy for this process.” A district may choose to insert applicable local provisions here.]

D.         A nonresident preschool aged child with a disability open enrolled in the district may be required to open enroll for kindergarten.

[NOTE: MDE offers the following recommendation: “the non-resident district may elect to allow the child’s enrollment status to continue without completing another application.  We recommend that districts create policies around this election which must be non-discriminatory and in writing.” A district may choose to insert applicable local provisions here.]

IV.       BASIS FOR DECISIONS

A.         Standards that may be used for rejection of application 

In addition to the provisions above, the school district may refuse to allow a pupil who is expelled under Minnesota Statutes, section 121A.45 to enroll during the term of the expulsion if the student was expelled for:

1.      possessing a dangerous weapon, including a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade less than two and one-half inches in length, at school or a school function;

2.         possessing or using an illegal drug at school or a school function;

3.         selling or soliciting the sale of a controlled substance while at school or a school function; or

4.         committing a third-degree assault involving assaulting another and inflicting substantial bodily harm.

B.         Standards that may not be used for rejection of application 

The school district may not use the following standards in determining whether to accept or reject an application for open enrollment:

1.         previous academic achievement of a student;

2.         athletic or extracurricular ability of a student;

3.         disabling conditions of a student;

4.         a student’s proficiency in the English language;

5.        the student’s district of residence except where the district of residence is directly included in an enrollment options strategy included in an approved achievement and integration program; or

6.        previous disciplinary proceedings involving the student. This shall not preclude the school district from proceeding with exclusion as set out in this policy.

C.         Application

The student and parent or guardian must complete and submit the “General Statewide Enrollment Options Application for K-12 and Early Childhood Special Education (or the Statewide Enrollment Options Application for State-funded Voluntary Prekindergarten (VPK) Application if applicable) developed by MDE and available on its website.

The school district may require a nonresident student enrolled in a program under Minnesota Statutes, section 125A.13, or in a preschool program, except for a program under Minnesota Statutes, section 124D.151 to follow the application procedures under this subdivision to enroll in kindergarten. A district must allow a nonresident student enrolled in a program under Minnesota Statutes, section 124D.151 to remain enrolled in the district when the student enters kindergarten without submitting annual or periodic applications, unless the district terminates the student’s enrollment under subdivision 12

The school district shall notify the parent or guardian in writing by February 15 or within ninety (90) days for applications submitted after January 15 in the case of achievement and integration district transfers whether the application has been accepted or rejected. If an application is rejected, the district must state in the notification the reason for rejection. The parent or guardian must notify the nonresident district by March 1 or within ten (10) business days whether the pupil intends to enroll in the nonresident district. 

D.         Lotteries

If a school district has more applications than available seats at a specific grade level, it must hold an impartial lottery following the January 15 deadline to determine which students will receive seats. The district must give priority to enrolling siblings of currently enrolled students, students whose applications are related to an approved integration and achievement plan, children of the school district’s staff, and students residing in that part of a municipality (a statutory or home rule charter city or town) where:

1.         the student’s resident district does not operate a school building;

2.         the municipality is located partially or fully within the boundaries of at

least five school districts;

3.         the nonresident district in which the student seeks to enroll operates one or more school buildings within the municipality; and

4.         no other  nonresident,  independent,  special,  or  common  school  district operates a school building within the municipality.

The process for the school district lottery must be established by school board policy and posted on the school district’s website.

E.     Exclusion

1.  Administrator’s initial determination

          If a school district administrator knows or has reason to believe that an applicant has engaged in conduct that has subjected or could subject the applicant to expulsion or exclusion under law or school district policy, the administrator will transmit the application to the superintendent with a recommendation of whether exclusion proceedings should be initiated.

2.  Superintendent’s review

           The superintendent may make further inquiries. If the superintendent determines that the applicant should be admitted, he or she will notify the applicant and the school board chair. If the superintendent determines that the applicant should be excluded, the superintendent will notify the applicant and determine whether the applicant wishes to continue the application process. Although an application may not be rejected based on previous disciplinary proceedings, the school district reserves the right to initiate exclusion procedures pursuant to the Minnesota Pupil Fair Dismissal Act as warranted on a case-by-case basis.

F.         Termination of Enrollment

The school district may terminate the enrollment of a nonresident student enrolled under an enrollment options program pursuant to Minnesota Statutes, section 124D.03 or 124D.08 at the end of a school year if the student meets the definition of a habitual truant, the student has been provided appropriate services for truancy under Minnesota Statutes, chapter 260A, and the student’s case has been referred to juvenile court. A “habitual truant” is a child under 17 years of age who is absent from attendance at school without  lawful excuse for seven school days in a school year if the child is in elementary school or for one or more class periods on seven school days in a school year if the child is in middle school, junior high school, or high school, or a child who is 17 years of age who is absent from attendance at school without lawful excuse for one or more class periods on seven school days in a school year and who has not lawfully withdrawn from school under Minnesota Statutes, section 120A.22, subdivision 8.    The school district may also terminate the enrollment of a nonresident student over 17 years of age if the student is absent without lawful excuse for one or more periods on 15 school days and has not lawfully withdrawn from school under Minnesota Statutes, section 120A.22, subdivision 8.

A student who has not applied for and been accepted for open enrollment pursuant to this policy and does not otherwise meet the residency requirements for enrollment may be terminated from enrollment and removed from school. Prior to removal from school, the school district will send to the student’s parents a written notice of the school district’s belief that the student is not a resident of the school district. The notice shall include the facts upon which the belief is based and notice to the parents of their opportunity to provide documentary evidence, in person or in writing, of residency to the superintendent or the superintendent’s designee. The superintendent or the superintendent’s designee will make the final determination as to the residency status of the student.

Notwithstanding the requirement that an application must be approved by the board of the nonresident district, a student who has been enrolled in a district, who is identified as homeless, and whose parent or legal guardian moves to another district, or who is placed in foster care in another school district, may continue to enroll in the nonresident district without the approval of the board of the nonresident district. The approval of the board of the student’s resident district is not required.

Legal References:        Minn. Stat. § 120A.22, Subd. 3(e) and Subd. 8 (Compulsory Instruction)

Minn. Stat. § 121A.40-121A.56 (Pupil Fair Dismissal Act) 

Minn. Stat. § 124D.03 (Enrollment Options Program)

Minn. Stat. § 124D.08 (School Board Approval to Enroll in Nonresident District; Exceptions)

Minn. Stat. § 124D.151 (Voluntary Prekindergarten Program)

Minn. Stat. § 124D.68 (Graduation Incentives Program)

Minn. Stat. § 125A.13 (School of Parents’ Choice)

Minn. Stat. Ch. 260A (Truancy)

Minn. Stat. § 260C.007, Subd. 19 (Definitions) 

Minn. Op. Atty. Gen. 169-f (Aug. 13, 1986)

Indep. Sch. Dist. No. 623 v. Minn. Dept. of Educ., Co. No. A05-361, 2005 

WL 3111963 (Minn. Ct. App. 2005) (unpublished)

18 U.S.C. 930, para. (g)(2) (Definition of weapon)

Cross References:        MSBA/MASA Model Policy 506 (Student Discipline) MSBA/MASA Model Policy 517 (Student Recruiting)

506 STUDENT RIGHTS AND RESPONSIBILITIES

The board believes that genuine student involvement requires responsible student action which is possible if students are guaranteed certain basic rights, among which are the following:

1. The right to free inquiry and expression.

2. The right to due process.

3. The right to freedom of association.

4. The right to freedom of peaceful assembly and petition.

5. The right to freedom from discrimination.

6. The right to equal educational opportunity.

507 STUDENT DUE PROCESS RIGHTS

The constitutional rights of individuals assure the protection of due process of law. Therefore, a system of constitutionally and legally sound procedures has been developed with regard to the administration of discipline in the schools. The board policy in this matter is that presented in detail in the Student Bill of Rights which was adopted by the board and entered in the clerk’s minute book.

508 STUDENT CONDUCT

All student behavior at District #363 schools is to be based on respect and consideration for the rights of others. Students shall have the right to receive annually at the opening of school a publication listing the rules and regulations to which they are subject. The policy shall be developed with the participation of administrators, individuals or organizations as the board determines appropriate. The board of education shall approve and adopt the policy and student handbooks.

Any restrictions on student behavior must be concerned with speech or action which interferes with the student’s right to learn or interferes with the teacher’s right to teach.

Students have a responsibility to know and respect the rules and regulations of the school. Students have the additional responsibility to behave in manner appropriate to good citizenship everywhere.

509 NO SMOKING POLICY

See Policy 512 Student Discipline Part B: Tobacco

510 STUDENT DRESS CODE

The responsibility for the appearance of the students of our school rests with their parents and the students themselves. They have the right to determine such student dress, providing that such attire is not destructive to school property, complies with the health code of the State of Minnesota, is not indecent, does not interfere with the educational process, does not present a safety hazard, and conforms to the guidelines established in the student handbook.

511 EIGHTEEN YEAR OLD STUDENTS

Revised Policy: July 9, 2008

MS 120A.20 states that “Notwithstanding the provisions of any law to the contrary, the conduct of all students under 21 years of age attending a public secondary school is governed by a single set of reasonable rules and regulations promulgated by the School Board”.

Adopted:July 2008
Revised:Jan 2024

512 STUDENT DISCIPLINE
[Note: School districts are required by statute to have a policy addressing these
issues.]
I. PURPOSE
The purpose of this policy is to ensure that students are aware of and comply with the school district’s expectations for student conduct. Such compliance will enhance the school district’s ability to maintain discipline and ensure that there is no interference with the educational process. The school district will take appropriate disciplinary action when students fail to adhere to the Code of Student Conduct established by this policy.

II. GENERAL STATEMENT OF POLICY
The school board recognizes that individual responsibility and mutual respect are essential components of the educational process. The school board further recognizes that nurturing the maturity of each student is of primary importance and is closely linked with the balance that must be maintained between authority and self-discipline as the individual progresses from a child’s dependence on authority to the more mature behavior of self-control.
All students are entitled to learn and develop in a setting which promotes respect of self, others, and property. Proper positive discipline can only result from an environment which provides options and stresses student self-direction, decision-making, and responsibility.
Schools can function effectively only with internal discipline based on mutual understanding of rights and responsibilities.
Students must conduct themselves in an appropriate manner that maintains a climate in which learning can take place. Overall decorum affects student attitudes and influences student behavior. Proper student conduct is necessary to facilitate the education process and to create an atmosphere conducive to high student achievement.
Although this policy emphasizes the development of self-discipline, it is recognized that there are instances when it will be necessary to administer disciplinary measures. The position of the school district is that a fair and equitable district-wide student discipline policy will contribute to the quality of the student’s educational experience. This discipline policy is adopted in accordance with and subject to the Minnesota Pupil Fair Dismissal Act, Minnesota
Statutes, sections 121A.40-121A.56.

In view of the foregoing and in accordance with Minnesota Statutes, section 121A.55, the school board, with the participation of school district administrators, teachers, employees, students, parents, community members, and such other individuals and organizations as appropriate, has developed this policy which governs student conduct and applies to all students of the school district.

III. DEFINITIONS
A.”Nonexclusionary disciplinary policies and practices” means policies and practices that are alternatives to dismissing a pupil from school, including but not limited to evidence-based positive behavior interventions and supports, social and emotional services, school-linked mental health services, counseling services, social work services, academic screening for Title 1 services or reading interventions, and alternative education services. Nonexclusionary disciplinary policies and practices include but are not limited to the policies and practices under sections 120B.12; 121A.575, clauses (1) and (2); 121A.031, subdivision 4, paragraph (a), clause (1); 121A.61, subdivision 3, paragraph (r); and 122A.627, clause (3).
B. “Pupil withdrawal agreement” means a verbal or written agreement between a school administrator or district administrator and a pupil's parent to withdraw a student from the school district to avoid expulsion or exclusion dismissal proceedings. The duration of the withdrawal agreement cannot be for more than a 12-month period.

IV. POLICY
A. The school board must establish uniform criteria for dismissal and adopt written policies and rules to effectuate the purposes of the Minnesota Pupil Fair Dismissal Act.
The policies must include nonexclusionary disciplinary policies and practices consistent with Minnesota Statutes, section 121A.41, subdivision 12, and must emphasize preventing dismissals through early detection of problems. The policies must be designed to address students' inappropriate behavior from recurring.

B. The policies must recognize the continuing responsibility of the school for the
education of the pupil during the dismissal period.

C. The school is responsible for ensuring that alternative educational services, if the pupil wishes to take advantage of them, must be adequate to allow the pupil to make progress toward meeting the graduation standards adopted under Minnesota Statutes, section 120B.02 and help prepare the pupil for readmission in accordance with section Minnesota Statutes, section 121A.46, subdivision 5.
D. For expulsion and exclusion dismissals and pupil withdrawal agreements as defined in Minnesota Statutes, section 121A.41, subdivision 13:
  1. for a pupil who remains enrolled in the school district or is awaiting enrollment in a new district, the school district's continuing responsibility includes reviewing the pupil’s schoolwork and grades on a quarterly basis to ensure the pupil is on track for readmission with the pupil’s peers. The school district must communicate on a regular basis with the pupil's parent or guardian to ensure that the pupil is completing the work assigned through the alternative educational services as defined in Minnesota Statutes, section 121A.41,
subdivision 11. These services are required until the pupil enrolls in another
school or returns to the same school;
  2. a pupil receiving school-based or school-linked mental health services in the
school district under Minnesota Statutes, section 245.4889 continues to be
eligible for those services until the pupil is enrolled in a new district; and
  3. the school district must provide to the pupil's parent or guardian information on accessing mental health services, including any free or sliding fee providers in the community. The information must also be posted on the school district website.

V. AREAS OF RESPONSIBILITY
A. The School Board. The school board holds all school personnel responsible for the maintenance of order within the school district and supports all personnel acting within the framework of this discipline policy.

B. Superintendent. The superintendent shall establish guidelines and directives to carry out this policy, hold all school personnel, students, and parents responsible for conforming to this policy, and support all school personnel performing their duties within the framework of this policy. The superintendent shall also establish guidelines and directives for using the services of appropriate agencies for assisting students and parents. Any guidelines or directives established to implement this policy shall be submitted to the school board for approval and shall be attached as an addendum to this policy.

C. Principal. The school principal is given the responsibility and authority to formulate building rules and regulations necessary to enforce this policy, subject to final school board approval. The principal shall give direction and support to all school personnel performing their duties within the framework of this policy. The principal shall consult with parents of students conducting themselves in a manner contrary to the policy.
The principal shall also involve other professional employees in the disposition of
Behavior referrals and shall make use of those agencies appropriate for assisting
students and parents. A principal, in exercising his or her lawful authority, may use reasonable force when it is necessary under the circumstances to restrain a student to prevent imminent bodily harm or death to the student or another.

D. Teachers. All teachers shall be responsible for providing a well-planned
teaching/learning environment and shall have primary responsibility for student
conduct, with appropriate assistance from the administration. All teachers shall
enforce the Code of Student Conduct. In exercising the teacher’s lawful authority, a teacher may use reasonable force when it is necessary under the circumstances to restrain a student to prevent imminent bodily harm or death to the student or another.

E. Other School District Personnel. All school district personnel shall be responsible for contributing to the atmosphere of mutual respect within the school. Their responsibilities relating to student behavior shall be as authorized and directed by the superintendent. A school employee, school bus driver, or other agent of a school district, in exercising his or her lawful authority, may use reasonable force when it is necessary under the circumstances to restrain a student to prevent bodily harm or death to the student or another.

F. Parents or Legal Guardians. Parents and guardians shall be held responsible for the behavior of their children as determined by law and community practice. They are expected to cooperate with school authorities and to participate regarding the behavior of their children.

G. Students. All students shall be held individually responsible for their behavior and for knowing and obeying the Code of Student Conduct and this policy.

H. Community Members. Members of the community are expected to contribute to the establishment of an atmosphere in which rights and duties are effectively
acknowledged and fulfilled.

I. Reasonable Force Reports
  1. The school district must report data on its use of any reasonable force used on
a student with a disability to correct or restrain the student to prevent
imminent bodily harm or death to the student or another that is consistent with the definition of physical holding under Minnesota Statutes, section
125A.0941, paragraph (c), as outlined in section 125A.0942, subdivision 3,
paragraph (b).
  2. Beginning with the 2024-2025 school year, the school district must report
annually by July 15, in a form and manner determined by the MDE
Commissioner, data from the prior school year about any reasonable force
used on a general education student to correct or restrain the student to
prevent imminent bodily harm or death to the student or another that is
consistent with the definition of physical holding under Minnesota Statutes,
section 125A.0941, paragraph (c).
  3. Any reasonable force used under Minnesota Statutes, sections 121A.582;
609.06, subdivision 1; and 609.379 which intends to hold a child immobile or
limit a child's movement where body contact is the only source of physical
restraint or confines a child alone in a room from which egress is barred shall
be reported to the Minnesota Department of Education as a restrictive
procedure, including physical holding or seclusion used by an unauthorized or
untrained staff person.

VI. STUDENT RIGHTS
All students have the right to an education and the right to learn.

VII. STUDENT RESPONSIBILITIES
All students have the responsibility:
A. For their behavior and for knowing and obeying all school rules, regulations, policies, and procedures;

B. To attend school daily, except when excused, and to be on time to all classes and other school functions;

C. To pursue and attempt to complete the courses of study prescribed by the state and local school authorities;

D. To make necessary arrangements for making up work when absent from school;

E. To assist the school staff in maintaining a safe school for all students;

F. To be aware of all school rules, regulations, policies, and procedures, including those in this policy, and to conduct themselves in accord with them;

G. To assume that until a rule or policy is waived, altered, or repealed, it is in full force and effect;

H. To be aware of and comply with federal, state, and local laws;

I. To volunteer information in disciplinary cases should they have any knowledge relating to such cases and to cooperate with school staff as appropriate;

J. To respect and maintain the school’s property and the property of others;

K. To dress and groom in a manner which meets standards of safety and health and common standards of decency and which is consistent with applicable school district policy;

L. To avoid inaccuracies in student newspapers or publications and refrain from indecent or obscene language;

M. To conduct themselves in an appropriate physical or verbal manner; and

N. To recognize and respect the rights of others.

VIII. CODE OF STUDENT CONDUCT

A. The following are examples of unacceptable behavior subject to disciplinary action by the school district. These examples are not intended to be an exclusive list. Any student who engages in any of these activities shall be disciplined in accordance with this policy. This policy applies to all school buildings, school grounds, and school property or property immediately adjacent to school grounds; school-sponsored activities or trips; school bus stops; school buses, school vehicles, school contracted vehicles, or any other vehicles approved for school district purposes; the area of entrance or departure from school premises or events; and all school-related functions, school-sponsored activities, events, or trips. School district property also may mean a student’s walking route to or from school for purposes of attending school or school-related functions, activities, or events. While prohibiting unacceptable behavior subject to disciplinary action at these locations and events, the school district does not represent that it will provide supervision or assume liability at these locations and events. This policy also applies to any student whose conduct at any time or in any place interferes with or obstructs the mission or operations of the school district or the safety or welfare of the student, other students, or employees.
  1. Violations against property including, but not limited to, damage to or
destruction of school property or the property of others, failure to compensate
for damage or destruction of such property, arson, breaking and entering,
theft, robbery, possession of stolen property, extortion, trespassing,
unauthorized usage, or vandalism;
  2. The use of profanity or obscene language, or the possession of obscene
materials;
  3. Gambling, including, but not limited to, playing a game of chance for stakes;
  4. Violation of the school district’s Hazing Prohibition Policy;
  5. Attendance problems including, but not limited to, truancy, absenteeism,
tardiness, skipping classes, or leaving school grounds without permission;
  6. Violation of the school district’s Student Attendance Policy;
  7. Opposition to authority using physical force or violence;
  8. Using, possessing, or distributing tobacco, tobacco-related devices, electronic
cigarettes, or tobacco paraphernalia in violation of the school district’s
Tobacco-Free Environment; Possession and Use of Tobacco, Tobacco-Related
Devices, and Electronic Delivery Devices Policy;
  9. Using, possessing, distributing, intending to distribute, making a request to another person for (solicitation), or being under the influence of alcohol or
other intoxicating substances or look-alike substances;
  10. Using, possessing, distributing, intending to distribute, making a request to
another person for (solicitation), or being under the influence of narcotics,
drugs, or other controlled substances (except as prescribed by a physician), or
look-alike substances (these prohibitions include medical marijuana or medical
cannabis, even when prescribed by a physician, and one student sharing
prescription medication with another student);
  11. Using, possessing, or distributing items or articles that are illegal or harmful to persons or property including, but not limited to, drug paraphernalia;
  12. Using, possessing, or distributing weapons, or look-alike weapons or other
dangerous objects;
  13. Violation of the school district’s Weapons Policy;
  14. Violation of the school district’s Violence Prevention Policy;
  15. Possession of ammunition including, but not limited to, bullets or other
projectiles designed to be used in or as a weapon;
  16. Possession, use, or distribution of explosives or any compound or mixture, the primary or common purpose or intended use of which is to function as an
explosive;
  17. Possession, use, or distribution of fireworks or any substance or combination
of substances or article prepared for the purpose of producing a visible or an
audible effect by combustion, explosion, deflagration or detonation;
18. Using an ignition device, including a butane or disposable lighter or matches,
inside an educational building and under circumstances where there is a risk of
fire, except where the device is used in a manner authorized by the school;
  19. Violation of any local, state, or federal law as appropriate;
  20. Acts disruptive of the educational process, including, but not limited to,
disobedience, disruptive or disrespectful behavior, defiance of authority,
cheating, insolence, insubordination, failure to identify oneself, improper
activation of fire alarms, or bomb threats;
  21. Violation of the school district’s Internet Acceptable Use and Safety Policy;
  22. Use of a cell phone in violation of the school district’s Internet Acceptable Use
and Safety Policy;
  23. Violation of school bus or transportation rules or the school district’s Student
Transportation Safety Policy;
  24. Violation of parking or school traffic rules and regulations, including, but not
limited to, driving on school property in such a manner as to endanger persons
or property;
  25. Violation of directives or guidelines relating to lockers or improperly gaining access to a school locker;
  26. Violation of the school district’s Search of Student Lockers, Desks, Personal
Possessions, and Student’s Person Policy;
  27. Violation of the school district’s Student Use and Parking of Motor Vehicles;
Patrols, Inspections, and Searches Policy;
  28. Possession or distribution of slanderous, libelous, or pornographic materials;
  29. Violation of the school district’s Bullying Prohibition Policy;
  30. Student attire or personal grooming which creates a danger to health or safety or creates a disruption to the educational process, including clothing which
bears a message which is lewd, vulgar, or obscene, apparel promoting
products or activities that are illegal for use by minors, or clothing containing
objectionable emblems, signs, words, objects, or pictures communicating a
message that is racist, sexist, or otherwise derogatory to a protected minority
group or which connotes gang membership;
  31. Criminal activity;
  32. Falsification of any records, documents, notes, or signatures;
  33. Tampering with, changing, or altering records or documents of the school
district by any method including, but not limited to, computer access or other
electronic means;
  34. Scholastic dishonesty which includes, but is not limited to, cheating on a
school assignment or test, plagiarism, or collusion, including the use of picture
phones or other technology to accomplish this end;
  35. Impertinent or disrespectful words, symbols, acronyms, or language, whether
oral or written, related to teachers or other school district personnel;
  36. Violation of the school district’s Harassment and Violence Policy;
  37. Actions, including fighting or any other assaultive behavior, which causes or
could cause injury to the student or other persons or which otherwise
endangers the health, safety, or welfare of teachers, students, other school
district personnel, or other persons;
  38. Committing an act which inflicts great bodily harm upon another person, even though accidental or a result of poor judgment;
  39. Violations against persons, including, but not limited to, assault or threatened assault, fighting, harassment, interference or obstruction, attack with a weapon, or look-alike weapon, sexual assault, illegal or inappropriate sexual
conduct, or indecent exposure;
  40. Verbal assaults or verbally abusive behavior including, but not limited to, use
of words, symbols, acronyms, or language, whether oral or written, that are
discriminatory, abusive, obscene, threatening, intimidating, degrading to
other people, or threatening to school property; 

  41. Physical or verbal threats including, but not limited to, the staging or reporting of dangerous or hazardous situations that do not exist;
  42. Inappropriate, abusive, threatening, or demeaning actions based on race,
color, creed, religion, sex, marital status, status with regard to public
assistance, disability, national origin, or sexual orientation;
  43. Violation of the school district’s Distribution of Nonschool-Sponsored Materials on School Premises by Students and Employees Policy;
  44. Violation of the school district’s one-to-one device rules and regulations;
  45. Violation of school rules, regulations, policies, or procedures, including, but not limited to, those policies specifically enumerated in this policy;
  46. Other acts, as determined by the school district, which are disruptive of the
educational process or dangerous or detrimental to the student or other
students, school district personnel or surrounding persons, or which violate the
rights of others or which damage or endanger the property of the school, or
which otherwise interferes with or obstruct the mission or operations of the
school district or the safety or welfare of students or employees.

IX. RECESS AND OTHER BREAKS
A. “Recess detention” means excluding or excessively delaying a student from
participating in a scheduled recess period as a consequence for student behavior.
Recess detention does not include, among other things, providing alternative recess at the student’s choice.
B. The school district is encouraged to ensure student access to structured breaks from the demands of school and to support teachers, principals, and other school staff in their efforts to use evidence-based approaches to reduce exclusionary forms of discipline.

C. The school district must not use recess detention unless:
  1. a student causes or is likely to cause serious physical harm to other students
or staff;
  2. the student’s parent or guardian specifically consents to the use of recess
detention; or
  3. for students receiving special education services, the student’s individualized education program team has determined that withholding recess is appropriate
based on the individualized needs of the student.

D. The school district must not withhold recess from a student based on incomplete schoolwork.

E. The school district must require school staff to make a reasonable attempt to notify a parent or guardian within 24 hours of using recess detention.

F. The school district must compile information on each recess detention at the end of each school year, including the student's age, grade, gender, race or ethnicity, and special education status. This information must be available to the public upon request. The school district is encouraged to use the data in professional development promoting the use of nonexclusionary discipline.

G. The school district must not withhold or excessively delay a student’s participation in scheduled mealtimes. This section does not alter a district or school’s existing responsibilities under Minnesota Statutes, section 124D.111 or other state or federal law.

X. DISCIPLINARY ACTION OPTIONS
The general policy of the school district is to utilize progressive discipline to the extent reasonable and appropriate based upon the specific facts and circumstances of student misconduct. The specific form of discipline chosen in a particular case is solely within the discretion of the school district. At a minimum, violation of school district code of conduct, rules, regulations, policies, or procedures will result in discussion of the violation and a verbal warning. The school district shall, however, impose more severe disciplinary sanctions for any
violation, including exclusion or expulsion, if warranted by the student’s misconduct, as determined by the school district. Disciplinary action may include, but is not limited to, one or more of the following:

A. Student conference with teacher, principal, counselor, or other school district
personnel, and verbal warning;

B. Confiscation by school district personnel and/or by law enforcement of any item, article, object, or thing, prohibited by, or used in the violation of, any school district policy, rule, regulation, procedure, or state or federal law. If confiscated by the school district, the confiscated item, article, object, or thing will be released only to the parent/guardian following the completion of any investigation or disciplinary action instituted or taken related to the violation.

C. Parent contact;

D. Parent conference;

E. Removal from class;

F. In-school suspension;

G. Suspension from extracurricular activities;

H. Detention or restriction of privileges;

I. Loss of school privileges;

J. In-school monitoring or revised class schedule;

K. Referral to in-school support services;

L. Referral to community resources or outside agency services;

M. Financial restitution;

N. Referral to police, other law enforcement agencies, or other appropriate authorities;

O. A request for a petition to be filed in district court for juvenile delinquency adjudication;

P. Out-of-school suspension under the Pupil Fair Dismissal Act;

Q. Preparation of an admission or readmission plan;

R. Saturday school;

S. Expulsion under the Pupil Fair Dismissal Act;

T. Exclusion under the Pupil Fair Dismissal Act; and/or

U. Other disciplinary action as deemed appropriate by the school district.

XI. REMOVAL OF STUDENTS FROM CLASS
A. The teacher of record shall have the general control and government of the classroom. Teachers have the responsibility of attempting to modify disruptive student behavior by such means as conferring with the student, using positive reinforcement, assigning detention or other consequences, or contacting the student’s parents. When such measures fail, or when the teacher determines it is otherwise appropriate based upon the student’s conduct, the teacher shall have the authority to remove the student from class pursuant to the procedures established by this discipline policy. “Removal from class” and “removal” mean any actions taken by a teacher, principal, or other school district employee to prohibit a student from attending a class or activity period for a period of time not to exceed five (5) days, pursuant to this discipline policy.

Grounds for removal from class shall include any of the following:
  1. 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;
  2. Willful conduct that endangers surrounding persons, including school district
employees, the student or other students, or the property of the school;
  3. Willful violation of any school rules, regulations, policies or procedures,
including the Code of Student Conduct in this policy; or
  4. Other conduct, which in the discretion of the teacher or administration,
requires removal of the student from class.
Such removal shall be for at least one (1) activity period or class period of instruction for a given course of study and shall not exceed five (5) such periods.
A student must be removed from class immediately if the student engages in assault or violent behavior. “Assault” is an act done with intent to cause fear in another of immediate bodily harm or death; or the intentional infliction of, or attempt to inflict, bodily harm upon another.

B. If a student is removed from class more than ten (10) times in a school year, the
school district shall notify the parent or guardian of the student’s tenth removal from class and make reasonable attempts to convene a meeting with the student’s parent or guardian to discuss the problem that is causing the student to be removed from class.

C. Procedures for Removal of a Student From a Class.
  1. As a circumstance determines an informal conversation will be held by the
school administrator, staff member and student.
  2. The removal from a class may be imposed without an informal conference
when it appears the student will create an immediate danger to themselves
and/or others.
  3. School administration will notify parent/guardian and report the incident to the Discipline Reporting System

D. Period of Time for which a Student may be Removed from a Class (may not exceed five (5) class periods for a violation of a rule of conduct)
  1. The removal from class shall be for a period of time deemed appropriate by
the principal, in consultation with the teacher.

E. Responsibility for and Custody of a Student Removed from Class.
  1. Students removed from class shall be the responsibility of the building
administrator and/or their designee.
  2. Students removed from class shall report directly to the school office.

F. Procedures for Return of a Student to a Specific Class from Which the Student
was Removed.
  1. Students may return to class after a conference with school administration.
  2. Student and school administrator will need to create an action plan

G. Procedures for Notifying a Student and the Student’s Parents or Guardian of
Violation of the Rules of Conduct and of Resulting Disciplinary Actions;
  1. Parents/Guardians will be notified by phone, email, text message

H. Students with a Disability; Special Provisions.
  1. Procedures for consideration of whether there is a need for further
assessment;
  2. Procedures for consideration of whether there is a need for a review of the
adequacy of the current Individualized Education Program (IEP) of a student
with a disability who is removed from class or disciplined; and
  3. Any procedures determined appropriate for referring students in need of
special education services to those services.

I. Procedures for Detecting and Addressing Chemical Abuse Problems of
Students While on School Premises.

  1. Establishment of a chemical abuse preassessment team pursuant to Minnesota
Statutes, section 121A.26;
  2. Establishment of teacher reporting procedures to the chemical abuse
preassessment team pursuant to Minnesota Statutes, section 121A.29.

XII. DISMISSAL
A. “Dismissal” means the denial of the current educational program to any student, including exclusion, expulsion, and suspension. Dismissal does not include removal from class.
The school district shall not deny due process or equal protection of the law to any
student involved in a dismissal proceeding which may result in suspension, exclusion or expulsion.
The school district shall not dismiss any student without attempting to use
nonexclusionary disciplinary policies and procedures before dismissal proceedings or pupil withdrawal agreements, except where it appears that the student will create an immediate and substantial danger to self or to surrounding persons or property. The use of exclusionary practices for early learners as defined in Minnesota Statutes, section 121A.425, is prohibited. The use of exclusionary practices to address attendance and truancy issues is prohibited.

B. Violations leading to suspension, based upon severity, may also be grounds for actions leading to expulsion, and/or exclusion. A student may be dismissed on any of the following grounds:
  1. Willful violation of any reasonable school board regulation, including those
found in this policy;
  2. Willful conduct that significantly disrupts the rights of others to an education,
or the ability of school personnel to perform their duties, or school sponsored
extracurricular activities; or
  3. Willful conduct that endangers the student or other students, or surrounding
persons, including school district employees, or property of the school.

C. Disciplinary Dismissals Prohibited
  1. A pupil enrolled in the following is not subject to dismissals under the Pupil Fair Dismissal Act:
     a. a preschool or prekindergarten program, including an early childhood
family education, school readiness, school readiness plus, voluntary
prekindergarten, Head Start, or other school-based preschool or
prekindergarten program; or
     b. kindergarten through Grade 3.
  2. This section does not apply to a dismissal from school for less than one school
day, except as provided under Minnesota Statutes, chapter 125A and federal
law for a student receiving special education services.

  3. Notwithstanding this section, expulsions and exclusions may be used only after resources outlined under Nonexclusionary discipline have been exhausted, and only in circumstances where there is an ongoing serious safety threat to the
child or others.

D. Suspension Procedures
  1. “Suspension” means an action by the school administration, under rules
promulgated by the School Board, prohibiting a student from attending school
for a period of no more than ten (10) school days; provided, however, if a
suspension is longer than five (5) school days, the suspending administrator
shall provide the superintendent with a reason for the longer term of
suspension. This definition does not apply to dismissal for one (1) school day
or less where a student with a disability does not receive regular or special
education instruction during that dismissal period.
  2. School administration must allow a suspended pupil the opportunity to
complete all school work assigned during the period of the pupil's suspension and to receive full credit for satisfactorily completing the assignments. The school principal or other person having administrative control of the school
building or program is encouraged to designate a district or school employee
as a liaison to work with the pupil's teachers to allow the suspended pupil to
(1) receive timely course materials and other information, and (2) complete
daily and weekly assignments and receive teachers' feedback.
  3. If a student’s total days of removal from school exceed ten (10) cumulative
days in a school year, the school district shall make reasonable attempts to
convene a meeting with the student and the student’s parent or guardian
before subsequently removing the student from school and, with the
permission of the parent or guardian, arrange for a mental health screening
for the student at the parent or guardian’s expense. The purpose of this
meeting is to attempt to determine the student’s need for assessment or other
services or whether the parent or guardian should have the student assessed
or diagnosed to determine whether the student needs treatment for a mental
health disorder.
  4. The definition of suspension under Minnesota Statutes, section 121A.41,
subdivision 10, does not apply to a student's dismissal from school for less
than one day, except as provided under federal law for a student with a
disability. Each suspension action may include a readmission plan. The plan
shall include, where appropriate, a provision for implementing alternative
educational services upon readmission which must not be used to extend the
current suspension. A readmission plan must not obligate a parent or
guardian to provide psychotropic drugs to their student as a condition of
readmission. School administration 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 school
administration may not impose consecutive suspensions against the same
student for the same course of conduct, or incident of misconduct, except
where the student will create an immediate and substantial danger to self or to
surrounding persons or property or where the school district is in the process of initiating an expulsion, in which case the school administration may extend
the suspension to a total of fifteen (15) days.
  5. A child with a disability may be suspended. When a child with a disability has
been suspended for more than five (5) consecutive days or ten (10)
cumulative school days in the same year, and that suspension does not involve
a recommendation for expulsion or exclusion or other change in placement
under federal law, relevant members of the child’s IEP team, including at least
one of the child’s teachers, shall meet and determine the extent to which the
child needs services in order to continue to participate in the general education
curriculum, although in another setting, and to progress toward meeting the
goals in the child’s IEP. That meeting must occur as soon as possible, but no
more than ten (10) days after the sixth (6 th ) consecutive day of suspension or
the tenth (10 th ) cumulative day of suspension has elapsed.
  6. Alternative education services must be provided to a pupil who is suspended
for more than five (5) consecutive school days. Alternative educational
services may include, but are not limited to, special tutoring, modified
curriculum, modified instruction, other modifications or adaptations,
instruction through electronic media, special education services as indicated by
appropriate assessments, homebound instruction, supervised homework, or
enrollment in another district or in an alternative learning center under
Minnesota Statutes, section 123A.05 selected to allow the student to progress
toward meeting graduation standards under Minnesota Statutes, section
120B.02, although in a different setting.
  7. The school administration shall not suspend a student from school without an
informal administrative conference with the student. The informal
administrative conference shall take place before the suspension, except
where it appears that the student 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. At
the informal administrative conference, a school administrator shall notify the
student of the grounds for the suspension, provide an explanation of the
evidence the authorities have, and the student may present the student’s
version of the facts. A separate administrative conference is required for each
period of suspension.
  8. After school administration notifies a student of the grounds for suspension,
school administration may, instead of imposing the suspension, do one or
more of the following:
     a. strongly encourage a parent or guardian of the student to attend
school with the student for one day;
     b. assign the student to attend school on Saturday as supervised by the
principal or the principal’s designee; and
     c. petition the juvenile court that the student is in need of services under
Minnesota Statutes chapter 260C.

  9. 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 the
Minnesota Pupil Fair Dismissal Act, Minnesota Statutes, sections 121A.40-
121A.56, shall be personally served upon the student at or before the time the suspension is to take effect, and upon the student’s parent or guardian by mail
within forty-eight (48) hours of the conference. (See attached sample Notice
of Suspension.)
  10. The school administration shall make reasonable efforts to notify the student’s parent or guardian of the suspension by telephone as soon as possible
following suspension.
  11. In the event a student is suspended without an informal administrative
conference on the grounds that the student will create an immediate and
substantial danger to surrounding persons or property, the written notice shall
be served upon the student and the student’s parent or guardian within forty-
eight (48) hours of the suspension. Service by mail shall be complete upon
mailing.
  12. Notwithstanding the foregoing provisions, the student may be suspended
pending the school board’s decision in an expulsion or exclusion proceeding,
provided that alternative educational services are implemented to the extent
that suspension exceeds five (5) consecutive school days.

E. Expulsion and Exclusion Procedures
  1. “Expulsion” means a school board action to prohibit an enrolled student from
further attendance for up to twelve (12) months from the date the student is
expelled. The authority to expel rests with the school board.
  2. “Exclusion” means an action taken by the school board to prevent enrollment
or re-enrollment of a student for a period that shall not extend beyond the
school year. The authority to exclude rests with the school board.
  3. All expulsion and exclusion proceedings will be held pursuant to and in
accordance with the provisions of the Minnesota Pupil Fair Dismissal Act,
Minnesota Statutes, sections 121A.40-121A.56.
  4. No expulsion or exclusion shall be imposed without a hearing, unless the right
to a hearing is waived in writing by the student and parent or guardian.
  5. The student and parent or guardian shall be provided written notice of the
school district’s intent to initiate expulsion or exclusion proceedings. This
notice shall be served upon the student and his or her parent or guardian
personally or by mail, and shall contain a complete statement of the facts; a
list of the witnesses and a description of their testimony; state the date, time
and place of hearing; be accompanied by a copy of the Pupil Fair Dismissal
Act, Minnesota Statutes, sections 121A.40-121A.56; describe the
nonexclusionary disciplinary practices accorded the student in an attempt to
avoid the expulsion proceedings; and inform the student and parent or
guardian of their right to: (1) have a representative of the student’s own
choosing, including legal counsel at the hearing; (2) examine the student’s
records before the hearing; (3) present evidence; and (4) confront and cross-
examine witnesses. The school district must advise the student’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 Minnesota Department of
Education (MDE) and is posted on its website.
  6. The hearing shall be scheduled within ten (10) days of the service of the written notice unless an extension, not to exceed five (5) days, is requested
for good cause by the school district, student, parent, or guardian.
  7. All hearings shall be held at a time and place reasonably convenient to the
student, parent, or guardian and shall be closed, unless the student, parent, or
guardian requests an open hearing.
  8. The school district shall record the hearing proceedings at district expense,
and a party may obtain a transcript at its own expense.
  9. The student shall have a right to a representative of the student’s own
choosing, including legal counsel, at the student’s sole expense. The school
district shall advise the student’s parent or guardian that free or low-cost legal
assistance may be available and that a legal assistance resource list is
available from MDE. The school board may appoint an attorney to represent
the school district in any proceeding.
  10. If the student designates a representative other than the parent or guardian,
the representative must have a written authorization from the student and the
parent or guardian providing them with access to and/or copies of the
student’s records.
  11. All expulsion or exclusion hearings shall take place before and be conducted by an independent hearing officer designated by the school district. The hearing
shall be conducted in a fair and impartial manner. Testimony shall be given
under oath and the hearing officer shall have the power to issue subpoenas
and administer oaths.
  12. At a reasonable time prior to the hearing, the student, parent or guardian, or
authorized representative shall be given access to all school district records
pertaining to the student, including any tests or reports upon which the
proposed dismissal action may be based.
  13. The student, parent or guardian, or authorized representative, shall have the
right to compel the presence of any school district employee or agent or any
other person who may have evidence upon which the proposed dismissal
action may be based, and to confront and cross-examine any witnesses
testifying for the school district.
  14. The student, parent or guardian, or authorized representative, shall have the
right to present evidence and testimony, including expert psychological or
educational testimony.
  15. The student cannot be compelled to testify in the dismissal proceedings.
  16. The hearing officer shall prepare findings and a recommendation based solely
upon substantial evidence presented at the hearing, which must be made to
the school board and served upon the parties within two (2) days after the
close of the hearing.
  17. The school board shall base its decision upon the findings and
recommendation of the hearing officer and shall render its decision at a
meeting held within five (5) days after receiving the findings and
recommendation. The school board may provide the parties with the
opportunity to present exceptions and comments to the hearing officer’s findings and recommendation 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 the Minnesota Department of Education
(Commissioner) of the basis and reason for the decision.
  18. A party to an expulsion or exclusion decision made by the school board may
appeal the decision to the Commissioner within twenty-one (21) calendar days
of school board action pursuant to Minnesota Statutes section 121A.49. The
decision of the school board shall be implemented during the appeal to the
Commissioner.
  19. The school district shall report any suspension, expulsion or exclusion action
taken to the appropriate public service agency, when the student is under the
supervision of such agency.
  20. The school district must report, through the MDE electronic reporting system, each expulsion or exclusion within thirty (30) days of the effective date of the action to the Commissioner. This report must include a statement of
alternative educational services given the student and the reason for, the
effective date, and the duration of the exclusion or expulsion. The report must
also include the student’s age, grade, gender, race, and special education
status. The dismissal report must include state student identification numbers
of affected students.
  21. Whenever a student fails to return to school within ten (10) school days of the
termination of dismissal, a school administrator shall inform the student and
his/her parent or guardian by mail of the student’s right to attend and to be
reinstated in the school district.

XIII. ADMISSION OR READMISSION PLAN
A school administrator must prepare and enforce an admission or readmission plan for any student who is excluded or expelled from school. The plan must include measures to improve the student’s behavior, which may include completing a character education program consistent with Minnesota Statutes, section 120B.232, subdivision 1, social and emotional learning, counseling, social work services, mental health services, referrals for special education or 504 evaluation, and evidence-based academic interventions. The plan must include reasonable attempts to obtain parental involvement in the admission or readmission process, and may indicate the consequences to the student of not improving the student’s behavior. The readmission plan must not obligate parents to provide a sympathomimetic medication for their child as a condition of readmission.

XIV. NOTIFICATION OF POLICY VIOLATIONS
Notification of any violation of this policy and resulting disciplinary action shall be as provided herein, or as otherwise provided by the Pupil Fair Dismissal Act or other applicable law. The teacher, principal or other school district official may provide additional notification as deemed appropriate.
In addition, the school district must report, through the MDE electronic reporting system, each exclusion or expulsion, each physical assault of a school district employee by a pupil, and each pupil withdrawal agreement within thirty (30) days of the effective date of the dismissal action, pupil withdrawal, or assault, to the MDE Commissioner. This report must include a statement of the nonexclusionary disciplinary practices, or other sanction, intervention, or resolution in response to the assault given to the pupil and the reason for, the effective date,
and the duration of the exclusion or expulsion or other sanction, intervention, or resolution. The report must also include the pupil’s age, grade, gender, race, and special education status.

XV. STUDENT DISCIPLINE RECORDS
The policy of the school district is that complete and accurate student discipline records be maintained. The collection, dissemination, and maintenance of student discipline records shall be consistent with applicable school district policies and federal and state law, including the Minnesota Government Data Practices Act, Minnesota Statutes chapter 13.

XVI. STUDENTS WITH DISABILITIES
Students who are currently identified as eligible under the IDEA or Section 504 will be subject to the provisions of this policy, unless the student’s IEP or 504 plan specifies a necessary modification. Before initiating an expulsion or exclusion of a student with a disability, relevant members of the child’s IEP team and the child’s parent shall, consistent with federal law, conduct a manifestation determination and determine whether the child’s behavior was (i) caused by or had a direct and substantial relationship to the child’s disability and (ii) whether the child’s conduct was a direct result of a failure to implement the child’s IEP. If the student’s educational program is appropriate and the behavior is not a manifestation of the student’s disability, the school district will proceed with discipline – up to and including expulsion – as if the student did not have a disability, unless the student’s educational program provides otherwise. If the team determines that the behavior subject to discipline is a manifestation of
the student’s disability, the team shall conduct a functional behavioral assessment and implement a behavioral intervention plan for such student provided that the school district had not conducted such assessment prior to the manifestation determination before the behavior that resulted in a change of placement. Where a behavioral intervention plan previously has been developed, the team will review the behavioral intervention plan and modify it as necessary to address the behavior.
When a student who has an IEP is excluded or expelled for misbehavior that is not a manifestation of the student’s disability, the school district shall continue to provide special education and related services during the period of expulsion or exclusion.

XVII. OPEN ENROLLED STUDENTS
The school district may terminate the enrollment of a nonresident student enrolled under an Enrollment Option Program (Minnesota Statutes section 124D.03) or Enrollment in Nonresident District (Minnesota Statutes section 124D.08) at the end of a school year if the student meets the definition of a habitual truant, the student has been provided appropriate services for truancy (Minnesota Statutes chapter 260A), and the student’s case has been referred to juvenile court. The school district may also terminate the enrollment of a nonresident student over the age of seventeen (17) enrolled under an Enrollment Options Program if the student is absent without lawful excuse for one or more periods on fifteen (15) school days and has not lawfully withdrawn from school.

XVIII. DISCIPLINE COMPLAINT PROCEDURE
Students, parents and other guardians, and school staff may file a complaint and seek corrective action when the requirements of the Minnesota Pupil Fair Dismissal Act, including the implementation of the local behavior and discipline policies, are not being implemented appropriately or are being discriminately applied. The Discipline Complaint Procedure must, at a minimum:
  1. provide procedures for communicating this policy including the ability for a parent to appeal a decision under Minnesota Statutes, section 121A.49 that contains explicit instructions for filing the complaint;
  2. provide an opportunity for involved parties to submit additional information related to the complaint;
  3. provide a procedure to begin to investigate complaints within three school days of receipt, and identify personnel who will manage the investigation and any resulting record and are responsible for keeping and regulating access to any record;
  4. provide procedures for issuing a written determination to the complainant that addresses each allegation and contains findings and conclusions;
  5. if the investigation finds the requirements of Minnesota Statutes, sections 121A.40 to 121A.61, including any local policies that were not implemented appropriately, contain procedures that require a corrective action plan to correct a student’s record and provide relevant staff with training, coaching, or other accountability practices to ensure appropriate compliance with policies in the future; and
  6. prohibit reprisals or retaliation against any person who asserts, alleges, or reports a complaint, and provide procedures for applying appropriate consequences for a person who engages in reprisal or retaliation.

XIX. DISTRIBUTION OF POLICY
The school district will notify students and parents of the existence and contents of this policy in such manner as it deems appropriate. Copies of this discipline policy shall be made available to all students and parents at the commencement of each school year and to all new students and parents upon enrollment. This policy shall also be available upon request in each principal’s office.

XX. REVIEW OF POLICY
The principal and representatives of parents, students and staff in each school building shall confer at least annually to review this discipline policy, determine if the policy is working as intended, and to assess whether the discipline policy has been enforced. Any recommended changes shall be submitted to the superintendent for consideration by the school board, which shall conduct an annual review of this policy.

Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)

Minn. Stat. § 120B.02 (Educational Expectations and Graduation Requirements
for Minnesota Students)
Minn. Stat. § 120B.232 (Character Development Education)
Minn. Stat. § 121A.26 (School Preassessment Teams)
Minn. Stat. § 121A.29 (Reporting; Chemical Abuse)
Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. § 121A.575 (Alternatives to Pupil Suspension)
Minn. Stat. § 121A.582 (Student Discipline; Reasonable Force)
Minn. Stat. §§ 121A.60 (Definitions)
Minn. Stat. § 121A.61 (Discipline and Removal of Students from Class)
Minn. Stat. § 122A.42 (General Control of Schools)

506-20

Minn. Stat. § 123A.05 (State-Approved Alternative Program Organization)
Minn. Stat. § 124D.03 (Enrollment Options Program)
Minn. Stat. § 124D.08 (School Boards’ Approval to Enroll in Nonresident
District; Exceptions)
Minn. Stat. Ch. 125A (Special Education and Special Programs)
Minn. Stat. § 152.22, Subd. 6 (Definitions)
Minn. Stat. § 152.23 (Limitations)
Minn. Stat. Ch. 260A (Truancy)
Minn. Stat. Ch. 260C (Juvenile Safety and Placement)
20 U.S.C. §§ 1400-1487 (Individuals with Disabilities Education Act)
29 U.S.C. § 794 et seq. (Rehabilitation Act of 1973, § 504)
34 C.F.R. § 300.530(e)(1) (Manifestation Determination)
Cross References: MSBA/MASA Model Policy 413 (Harassment and Violence)

MSBA/MASA Model Policy 419 (Tobacco-Free Environment; Possession and Use
of Tobacco, Tobacco-Related Devices, and Electronic Delivery Devices)
MSBA/MASA Model Policy 501 (School Weapons)
MSBA/MASA Model Policy 502 (Search of Student Lockers, Desks, Personal
Possessions, and Student’s Person)
MSBA/MASA Model Policy 503 (Student Attendance)
MSBA/MASA Model Policy 505 (Distribution of Nonschool-Sponsored
Materials on School Premises by Students and Employees)
MSBA/MASA Model Policy 514 (Bullying Prohibition Policy)
MSBA/MASA Model Policy 524 (Internet Acceptable Use and Safety Policy)
MSBA/MASA Model Policy 525 (Violence Prevention)
MSBA/MASA Model Policy 526 (Hazing Prohibition)
MSBA/MASA Model Policy 527 (Student Use and Parking of Motor Vehicles;
Patrols, Inspections, and Searches)
MSBA/MASA Model Policy 610 (Field Trips)
MSBA/MASA Model Policy 709 (Student Transportation Safety Policy)
MSBA/MASA Model Policy 711 (Video Recording on School Buses)
MSBA/MASA Model Policy 712 (Video Surveillance Other Than on Buses)

MSBA/MASA Model Policy 507
Orig. 1995
Rev. 2024

513     CORPORAL PUNISHMENT AND PRONE RESTRAINT

[NOTE: The provisions of this policy substantially reflect statutory requirements. The revisions in this model policy incorporate legislative changes enacted throughout the 2024 Minnesota legislative session. School boards may have adopted some revisions in the spring, when the first set of laws were enacted.]]

I.         PURPOSE

The purpose of this policy is to describe limitations on use of corporal punishment or prone restraint upon a student.

II.        GENERAL STATEMENT OF POLICY

No employee or agent of the school district or charter school shall inflict corporal punishment or use prone restraint upon a student except as provided below.

III.      DEFINITIONS

1.         “Corporal punishment” means conduct involving:

a.         hitting or spanking a person with or without an object; or

b.         unreasonable physical force that causes bodily harm or substantial emotional harm.

2.      “Employee or agent of the district” does not include a school resource officer as defined in Minnesota Statutes, section 626.8482, subdivision 1, paragraph (c).

3.         “Prone restraint” means placing a child in a face-down position.

IV.     PROHIBITIONS

1.      An employee or agent of a 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.

2.        An employee or agent of a district shall not use prone restraint.

3.        An employee or agent of a district shall not inflict any form of physical holding that restricts or impairs a pupil’s ability to breathe; restricts or impairs a pupil’s ability to communicate distress; places pressure or weight on a pupil’s head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen; or results in straddling a pupil’s torso.

4.        Conduct that violates this Article is not a crime under Minnesota Statutes, section 645.241, but may be a crime under Minnesota Statutes, chapter 609 if the conduct violates a provision of Minnesota Statutes, chapter 609. Conduct that violates IV.1 above is not per se corporal punishment under the statute. Nothing in this Minnesota Statutes, section 121A.58 or 125A.0941 precludes the use of reasonable force under Minnesota Statutes, section 121A.582. The use of reasonable force as set forth in Section V does not authorize conduct prohibited pursuant to Minnesota Statutes, section 125A.0942.

V.      REASONABLE FORCE

1.       Reasonable force may be used upon or toward the person of another without the other’s consent when used by a teacher, school principal, school employee, school bus driver, or other agent of the school in the exercise of lawful authority, to restrain a child or pupil to prevent bodily harm or death to the child, pupil, or another.

2.        Reasonable force may be used upon or toward the person of a child without the child’s consent when the following circumstance exists or the actor reasonably believes it to exist:

 a.       when used by a teacher, school principal, school employee, school bus driver, other agent of the district, or other member of the instructional, support, or supervisory staff of a public school upon or toward a child or pupil when necessary to restrain the child or pupil to prevent bodily harm or death to the child pupil, or another. Nothing in Minnesota Statutes, section 609.379 limits any other authorization to use reasonable force including but not limited to authorizations under Minnesota Statutes, section 121A.582, subdivision 1, and section 609.06, subdivision 1. 

3.   A teacher, school principal, and other school staff may use reasonable force under the conditions set forth in Policy 506 (Student Discipline).

VI.       VIOLATION

Employees who violate the provisions of this policy shall be subject to disciplinary action as appropriate.   Any such disciplinary action shall be made pursuant to and in accordance with applicable statutory authority, collective bargaining agreements, and school district policies.  Violation of this policy may also result in civil or criminal liability for the employee.

Legal References:     Minn. Stat. § 121A.58 (Corporal Punishment)

Minn. Stat. § 121A.582 (Student Discipline; Reasonable Force)

Minn. Stat. § 123B.25 (Legal Actions Against Districts and Teachers)

Minn. Stat. § 125A.0941 (Definitions)\

Minn. Stat. § 125A.0942 (Standards for Restrictive Procedures)

Minn. Stat. § 609.06 (Authorized Use of Force)

Minn. Stat. § 609.379 (Permitted Actions)

Minn. Stat. § 626.8482 (School Resource Officers; Duties; Training; Model Policy)

Minn. Stat. § 645,241 (Punishment for Prohibited Acts)

Cross References:     MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)

MSBA/MASA Model Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)

MSBA/MASA Model Policy 415 (Mandated Reporting of Maltreatment of Vulnerable Adults)

MSBA/MASA Model Policy 506 (Student Discipline)

MSBA/MASA Model Policy 507.5 (School Resource Officers)

Adopted:1995
Revised:2024

514 STUDENT ATTENDANCE

I. PURPOSE
A. The school board believes that regular school attendance is directly related to success in academic work, benefits students socially, provides opportunities for important communications between teachers and students, and establishes regular habits of dependability important to the future of the student. The purpose of this policy is to encourage regular school attendance. It is intended to be positive and not punitive.

B. This policy also recognizes that class attendance is a joint responsibility to be shared by the student, parent or guardian, teacher, and administrators. This policy will assist students in attending class.

II. GENERAL STATEMENT OF POLICY
A. Responsibilities
  1. Student’s Responsibility
It is the student’s right to be in school. It is also the student’s responsibility to
attend all assigned classes and study halls every day that school is in session
and to be aware of and follow the correct procedures when absent from an
assigned class or study hall. Finally, it is the student’s responsibility to request
any missed assignments due to an absence.
  2. Parent or Guardian’s Responsibility
It is the responsibility of the student’s parent or guardian to ensure the
student is attending school, to inform the school in the event of a student
absence, and to work cooperatively with the school and the student to solve
any attendance problems that may arise.
  3. Teacher’s Responsibility
It is the teacher’s responsibility to take daily attendance and to maintain
accurate attendance records in each assigned class and study hall. It is also
the teacher’s responsibility to be familiar with all procedures governing
attendance and to apply these procedures uniformly. It is also the teacher’s
responsibility to provide any student who has been absent with any missed
assignments upon request. Finally, it is the teacher’s responsibility to work
cooperatively with the student’s parent or guardian and the student to solve
any attendance problems that may arise.
  4. Administrator’s Responsibility
     a. It is the administrator’s responsibility to require students to attend all
assigned classes and study halls. It is also the administrator’s
responsibility to be familiar with all procedures governing attendance
and to apply these procedures uniformly to all students, to maintain accurate records on student attendance, and to prepare a list of the
previous day’s absences stating the status of each. Finally, it is the
administrator’s responsibility to inform the student’s parent or
guardian of the student’s attendance and to work cooperatively with
them and the student to solve attendance problems.
     
     b. In accordance with the Minnesota Compulsory Instruction Law,
Minnesota Statutes, section 120A.22, the students of the school
district are REQUIRED to attend all assigned classes and/or study halls
every day school is in session, unless the student has been excused by
the school board from attendance because the student has already
completed state and school district standards required to graduate
from high school, has withdrawn, or has a valid excuse for absence.

B. Attendance Procedures
Attendance procedures shall be presented to the school board for review and approval. When approved by the school board, the attendance procedures will be included as an addendum to this policy.
  1. Excused Absences

     a. A parent, guardian, or other person having control of a child may apply
to a school district to have the child excused from attendance for the
whole or any part of the time school is in session during any school
year. Application may be made to any member of the board, a truant
officer, a principal, or the superintendent. A note from a physician or a
licensed mental health professional stating that the child cannot attend
school is a valid excuse.

     b. To be considered an excused absence, the student’s parent or legal
guardian may be asked to verify, in writing, the reason for the
student’s absence from school.

     c. The board of the district in which the child resides may approve the
application under subparagraph (a) above upon a legitimate exception
being demonstrated to the satisfaction of that board.
     
     d. Legitimate Exceptions
The following reasons shall be sufficient to constitute excused
absences:
       (1) that the child's physical or mental health is such as to prevent
attendance at school or application to study for the period
required, which includes:

          (a) child illness, medical, dental, orthodontic, or
counseling appointments; including appointments
conducted through telehealth

          (b) family emergencies;

          (c) the death or serious illness or funeral of an immediate family member;

          (d) active duty in any military branch of the United States;

          (e) the child has a condition that requires ongoing treatment for a mental health diagnosis; or

          (f) other exemptions included in this attendance policy.
       
       (2)  that the child has already completed state and district
standards required for graduation from high school; or

       (3) that it is the wish of the parent, guardian, or other person
having control of the child, that the child attend for a period or
periods not exceeding in the aggregate three hours in any
week, instruction conducted by a Tribal spiritual or cultural
advisor, or a school for religious instruction conducted and
maintained by a church, or association of churches, or any
Sunday school association incorporated under the laws of this
state, or any auxiliary thereof. This instruction must be
conducted and maintained in a place other than a public school
building, and it must not, in whole or in part, be conducted and
maintained at public expense. A child may be absent from
school on days that the child attends upon instruction
according to this clause.

     c. Consequences of Excused Absences
       
       (1) Students whose absences are excused are required to make up
all assignments missed or to complete alternative assignments
as deemed appropriate by the classroom teacher.

       (2) Work missed because of absence must be made up within 2
days from the date of the student’s return to school. Any work
not completed within this period may result in “reduced credit”
for the missed assignment. However, the building principal or
the classroom teacher may extend the time allowed for
completion of make-up work in the case of an extended illness
or other extenuating circumstances.

  2. Unexcused Absences
     
     a. The following are examples of absences which will not be excused:

       (1) Truancy. An absence by a student which was not approved by
the parent and/or the school district.

       (2) Any absence in which the student failed to comply with any
reporting requirements of the school district’s attendance
procedures.

       (3) Work at home.

       (4) Work at a business, except under a school-sponsored work release program.

       (5) Vacations with family.

       (6) Personal trips to schools or colleges.

       (7) Absences resulting from cumulated unexcused tardies 4 tardies
equal one unexcused absence).

       (8) Any other absence not included under the attendance
procedures set out in this policy.
   
     b. Consequences of Unexcused Absences

       (1) Absences resulting from official suspension will be handled in
accordance with the Pupil Fair Dismissal Act, Minnesota
Statutes, sections 121A.40-121A.56.

       (2) Days during which a student is suspended from school shall
not be counted in a student’s total cumulated unexcused
absences.

       (3) In cases of recurring unexcused absences, the administration
may also request the county attorney to file a petition with the
juvenile court, pursuant to Minnesota statutes.

       (4) Students with unexcused absences shall be subject to
discipline in the following manner:

          (a) From the first through the third cumulated unexcused
absence in a quarter the student will not be allowed to
make up work missed due to such absence.

          (b) After the third cumulated unexcused absence in a
quarter, a student’s parent or guardian will be notified
by certified mail that his or her child is nearing a total
of 5 unexcused absences and that, after the fifth
unexcused absence, the student’s grade could be
reduced by one increment for each unexcused absence
thereafter.

          (c) After such notification, the student or his or her parent
or guardian may, within a reasonable time, request a
conference with school officials regarding the student’s
absences and the prescribed discipline. The notification
will state that the school strongly urges the student’s
parent or guardian to request such a conference.

          (d) After three cumulative unexcused absences in a
quarter the teacher may reduce the student’s letter
grade by one increment for each unexcused absence
thereafter (i.e. A to A-). However, prior to reducing
the student’s grade, an administrative conference must
be held among the principal, student, and parent.

          (e) After five cumulated unexcused absences in a quarter,
the administration may impose the loss of academic
credit in the class or classes from which the student
has been absent. However, prior to loss of credit, an
administrative conference must be held among the
principal, student, and parent.

          (f) If the result of a grade reduction or loss of credit has
the effect of an expulsion, the school district will follow
the procedures set forth in the Pupil Fair Dismissal Act,
Minnesota Statutes, sections 121A.40-121A.56.

C. Tardiness
  1. Definition: Students are expected to be in their assigned area at designated
times. Failure to do so constitutes tardiness.

  2. Procedures for Reporting Tardiness

     a. Students tardy at the start of school must report to the school office
for an admission slip.

     b. Tardiness between periods will be handled by the teacher.

  3. Excused Tardiness
Valid excuses for tardiness are:

     a. Illness.
     b. Serious illness in the student’s immediate family.
     c. A death or funeral in the student’s immediate family or of a close
friend or relative.
     d. Medical, dental, orthodontic, or mental health treatment.
     e. Court appearances occasioned by family or personal action.
     f. Physical emergency conditions such as fire, flood, storm, etc.
     g. Any tardiness for which the student has been excused in writing by an
administrator or faculty member.

  4. Unexcused Tardiness
 
     a. An unexcused tardiness is failing to be in an assigned area at the
designated time class period commences without a valid excuse.

     b. Consequences of tardiness may include detention after three
unexcused tardies. In addition, three unexcused tardies are equivalent
to one unexcused absence.

D. Participation in Extracurricular Activities and School-Sponsored On-the-Job Training Programs

  1. This policy applies to all students involved in any extracurricular activity
scheduled either during or outside the school day and any school-sponsored
on-the-job training programs.

  2. School-initiated absences will be accepted and participation permitted.

  3. A student may not participate in any activity or program if he or she has an
unexcused absence from any class during the day.

  4. If a student is suspended from any class, he or she may not participate in any
activity or program that day.

  5. If a student is absent from school due to medical reasons, he or she must
present a physician’s statement or a statement from the student’s parent or
guardian clearing the student for participation that day. The note must be
presented to the coach or advisor before the student participates in the
activity or program.

III. RELIGIOUS OBSERVANCE ACCOMMODATION
Reasonable efforts will be made by the school district to accommodate any student who wishes to be excused from a curricular activity for a religious observance. Requests for accommodation should be directed to the building principal.

IV. DISSEMINATION OF POLICY

A. Copies of this policy shall be made available to all students and parents at the
commencement of each school year. This policy shall also be available upon request in each principal’s office.

B. The school district will provide annual notice to parents of the school district’s policy relating to a student’s absence from school for religious observance.

V. REQUIRED REPORTING
A. Continuing Truant
Minnesota Statutes section 260A.02 provides that a continuing truant is a student who is subject to the compulsory instruction requirements of Minnesota Statutes section 120A.22 and is absent from instruction in a school, as defined in Minnesota Statutes section 120A.05, without valid excuse within a single school year for:
  1. Three days if the child is in elementary school; or
  2. Three or more class periods on three days if the child is in middle school,
junior high school, or high school.

B. Reporting Responsibility
When a student is initially classified as a continuing truant, Minnesota Statutes,
section 260A.03 provides that the school attendance officer or other designated school official shall notify the student’s parent or legal guardian, by first class mail or other reasonable means, of the following:

  1. That the child is truant;
  2. That the parent or guardian should notify the school if there is a valid excuse
for the child’s absences;
  3. That the parent or guardian is obligated to compel the attendance of the child
at school pursuant to Minnesota Statutes section 120A.22 and parents or
guardians who fail to meet this obligation may be subject to prosecution under
Minnesota Statutes, section 120A.34;
  4. That this notification serves as the notification required by Minnesota Statutes,
section 120A.34;
  5. That alternative educational programs and services may be available in the
child’s enrolling or resident district;
  6. That the parent or guardian has the right to meet with appropriate school
personnel to discuss solutions to the child’s truancy;
  7. That if the child continues to be truant, the parent and child may be subject to
juvenile court proceedings under Minnesota Statutes, chapter 260C;
  8. That if the child is subject to juvenile court proceedings, the child may be
subject to suspension, restriction, or delay of the child’s driving privilege
pursuant to Minnesota Statutes, section 260C.201; and
  9. That it is recommended that the parent or guardian accompany the child to
school and attend classes with the child for one day.

C. Habitual Truant
  1. A habitual truant is a child under the age of 17 years who is absent from
attendance at school without lawful excuse for seven school days per school
year if the child is in elementary school or for one or more class periods on
seven school days per school year if the child is in middle school, junior high
school, or high school, or a child who is 17 years of age who is absent from
attendance at school without lawful excuse for one or more class periods on
seven school days per school year and who has not lawfully withdrawn from
school.
  2. A school district attendance officer shall refer a habitual truant child and the
child’s parent or legal guardian to appropriate services and procedures, under
Minnesota Statutes, chapter 260A.
Legal References: Minn. Stat. § 120A.05 (Definitions)

Minn. Stat. § 120A.22 (Compulsory Instruction)
Minn. Stat. § 120A.24 (Reporting)
Minn. Stat. § 120A.26 (Enforcement and Prosecution)
Minn. Stat. § 120A.34 (Violations; Penalties)
Minn. Stat. § 120A.35 (Absence from School for Religious Observance)
Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. § 260A.02 (Definitions)
Minn. Stat. § 260A.03 (Notice to Parent or Guardian When Child is a
Continuing Truant)
Minn. Stat. § 260C.007, subd. 19 (Habitual Truant Defined)
Minn. Stat. § 260C.201 (Dispositions; Children in Need of Protection or
Services or Neglected and in Foster Care)
Goss v. Lopez, 419 U.S. 565 (1975)
Slocum v. Holton Bd. of Educ., 429 N.W.2d 607 (Mich. App. Ct. 1988)
Campbell v. Bd. of Educ. of New Milford, 475 A.2d 289 (Conn. 1984)
Hamer v. Bd. of Educ. of Twp. High Sch. Dist. No. 113, 66 Ill. App.3d 7, 383
N.E.2d 231 (1978)
Gutierrez v. Sch. Dist. R-1, 585 P.2d 935 (Co. Ct. App. 1978)
Knight v. Bd. of Educ., 38 Ill. App. 3d 603, 348 N.E.2d 299 (1976)
Dorsey v. Bale, 521 S.W.2d 76 (Ky. 1975)
Cross References: MSBA/MASA Model Policy 506 (Student Discipline)

514 A: Student Attendance – Indus Grades 7-12

Revised: Feb 9, 2005

A. Attendance Procedures For All Students In Indus Grades 7-12

1. A maximum of ten absences per class period/day will be allowed per semester. Upon the eleventh absence the student will receive a failing grade for the semester, subject to review and appeal procedures.

2. When a student reaches five, eight, and ten absences, a letter will be sent home notifying the parent/guardian. If a student acquires eleven (11) absences per semester, the parent/guardian will be notified in writing by the school office that the student has lost credit for a class(es). If the parent would like to appeal the loss of credit because there is a reason, such as long term illness, they should contact the building principal in writing with any pertinent information about the absences to request an appointment for an appeal meeting. This letter should be mailed within ten days of the receipt of the letter informing them of the credit loss. If the parent/guardian is not happy with the outcome of the meeting, they may address their concerns, first, to the district superintendent and then to the school board.

3. The only absences that will not be counted in this procedure are the following:

a. Dismissal under the Pupil Fair Dismissal Act for disciplinary purposes.

b. School sponsored activities.

c. Religious/spiritual days kept sacred by the pupil when religious/spiritual services are observed only during school hours.

4. The State of Minnesota recognizes the following reasons for excused absences; personal illness, death or medical emergency in the immediate family, legal appointments, work at home, and family vacations. While these are considered excused absences, they will still accumulate toward the five absences allowed per quarter. In order for an absence to be excused, notes from parents/guardians excusing these absences must be turned in to the office within two days of the student’s return to school.

5. Unexcused absences are those that can be avoided or delayed. This includes a student who is absent from school without the parent/guardian’s knowledge or approval, or the excuse given is not acceptable to the school administration. These may include, but are not limited to: oversleeping, shopping, hair appointments, leaving school without permission, skipping, and falsifying notes. No credit will be given for unexcused absences missed from a class/day.

6. Tardy to class is defined as late to class. Valid excuses or passes are allowed from staff members.

a. Consequences of unexcused tardiness include detention according to the following:
1st tardy = noon detention
2nd tardy = noon detention
3rd tardy = noon detention
4th tardy = two hours after school detention. In addition every 4 unexcused tardies are equivalent to one unexcused absence.

7. It is the student’s responsibility to contact the teacher for make-up work, and it should be completed in two days for every one excused absence. The teacher may require additional or different assignments than were assigned in class at the time of the absence to make up for loss of group work, discussion, or lecture time.

8. Closed Campus – The school campus is closed which means students are not allowed to leave the school grounds at any time during the regular school day without specific approval from the principal.

a. Any student leaving school for any reason during the school day must check out in the office.

b. Students also must check in the office if they return to school during the school day.

c. Early dismissals will be granted only if a parent/guardian advises the school in advance by phone or note AND it is cleared with the principal.

d. Students who fail to meet the closed campus requirements may be charged with an unexcused absence, depending on the circumstances, and could face disciplinary action.

e. Out-of-school individuals are prohibited from picking up students during the lunch break and from loitering with students on the school grounds.

f. Visitors must register with the office upon arrival at the building and must receive a visitor’s pass before entering the building any farther.

9. Participation in extracurricular activities and school sponsored on the job training programs.

a. This policy applies to all students involved in any extracurricular activity scheduled either during or outside the school day and any school sponsored on the job training program.

b. School-initiated absences will be accepted and participation permitted.

c. A student may not participate in any activity or program if he/she has an unexcused absence from any class during the day.

d. If a student is suspended from any class he/she may be excluded from participation in any activity or program that day.

e. If a student is absent from school due to medical reasons, he/she must present a physician’s statement or a statement from the student’s parent/guardian clearing the student for participation that day. The note must be presented to the coach/advisor before the student participates in the activity or program.

B. Required Reporting

1. Continuing Truant: This is a student who is subject to the compulsory instruction requirements and is absent from instruction in a school without valid excuse within a single school year for:

a. Three days if the child is in elementary school; or

b. Three or more class periods on three days if the child is in junior high or high school.

2. Reporting Responsibility: When a student is initially classified as a continuing truant, the school attendance officer or their designated school official will notify the student’s parent/guardian by first class mail or other reasonable means, of the following:

a. That the child is a truant;

b. That the parent/guardian should notify the school if there is a valid excuse for the child’s absence;

c. That the parent/guardian is obligated to compel the attendance of the child at school and parents/guardians who fail to meet this obligation may be subject to prosecution;

d. That this notification serves as the notification required by Minnesota Statute;

e. That the alternative education program and services may be available in their home district;

f. That the parent/guardian has the right to meet with appropriate school personnel to discuss solutions to the child’s truancy;

g. That if the child continues to be truant, the parent and child may be subject to juvenile court proceedings;

h. That if the child is subject to juvenile court proceedings, the child may be subject to suspension, restriction or delay of the child’s driving privilege;

i. That it is recommended that the parent/guardian accompany the child to school and attend classes with the child for one day.

514 B: KINDERGARTEN ATTENDANCE

New Policy: April 13, 2005

Parents choosing to enroll their child in an ISD #363 kindergarten class can choose one of the following two attendance options:

1. Three days per week (Tuesday, Wednesday, and Thursday) for the first quarter and five days per week during the second, third, and fourth quarters.

2. Five days per week for all four quarters of the school year.

MSBA/MASA Model Policy 515
Orig. 1995
Rev. 2024

515     PROTECTION AND PRIVACY OF PUPIL RECORDS

[NOTE: School districts are required by statute to have a policy addressing these issues.]

1.        PURPOSE

The school district recognizes its responsibility in regard to the collection, maintenance, and dissemination of pupil records and the protection of the privacy rights of students as provided in federal law and state statutes.

1.      GENERAL STATEMENT OF POLICY

The following procedures and policies regarding the protection and privacy of parents and students are adopted by the school district, pursuant to the requirements of 20 United States Code, section 1232g, et seq., (Family Educational Rights and Privacy Act (FERPA)) 34 Code of Federal Regulations part 99 and consistent with the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13, and Minnesota Rules, parts 1205.0100-1205.2000.

III.      DEFINITIONS

1.        Authorized Representative

“Authorized representative” means any entity or individual designated by the school district, state, or an agency headed by an official of the Comptroller of the United States, the Attorney General of the United States, the Secretary of the U.S. Department of Education, or state and local educational authorities to conduct, with respect to federal or state supported education programs, any audit or evaluation or any compliance or enforcement activity in connection with federal legal requirements that relate to these programs.

1.        Biometric Record

“Biometric record,” as referred to in “Personally Identifiable,” means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual (e.g., fingerprints, retina and iris patterns, voiceprints, DNA sequence, facial characteristics, and handwriting).

1.        Dates of Attendance

“Dates of attendance,” as referred to in “Directory Information,” means the period of time during which a student attends or attended a school or schools in the school district, including attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not in the classroom, and including the period during which a student is working under a work-study program.   The term does not include specific daily records of a student’s attendance at a school or schools in the school district.

1.        Directory Information
2.      Under federal law, “directory information” means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.  It includes the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; dates of attendance; grade level; enrollment status (i.e., full-time or part-time); participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors and awards received; and the most recent educational agency or institution attended.   It also includes the name, address, and telephone number of the student’s parent(s).  Directory information does not include:
3.        a student’s social security number;
4.        a student’s identification number (ID), user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems if the identifier may be used to access education records without use of one or more factors that authenticate the student’s identity such as a personal identification number (PIN), password, or other factor known or possessed only by the authorized user;
5.        a student ID or other unique personal identifier that is displayed on a student ID badge if the identifier can be used to gain access to educational records when used in conjunction with one or more factors that authenticate the student’s identity, such as a PIN, password, or other factor known or possessed only by the student;
6.        personally identifiable data which references religion, race, color, social position, or nationality; or
7.         data collected from nonpublic school students, other than those who receive shared time educational services, unless written consent is given by the student’s parent or guardian.

[NOTE:   Under the federal Family Educational Rights and Privacy Act (FERPA), the federal definition of “directory information” identifies the types of information that may be specifically referenced as directory information. The federal definition applies to information requests by military recruiting officers, as set out in Article XI below.]

2.      Under Minnesota law, a school district may not designate a student’s home address, telephone number, email address, or other personal contact information as “directory information.”

[NOTE: Minnesota law prohibits schools from designating student contact information as “directory information” despite the FERPA definition.  Minnesota schools should comply with Minnesota law and should not include student contact information in their definition of “directory information.”

This June 2024 revision to the “directory information” section seeks to clarify the law; no substantive change is presented in this revision.]

[NOTE: A school district may choose not to designate some or all of the enumerated information as directory information.  A school district also may add to the list of directory information, as long as the added data is not information that generally would be deemed as an invasion of privacy or information that references the student’s religion, race, color, social position, or nationality.  Federal law now allows a school district to specify that the disclosure of directory information will be limited to specific parties, for specific purposes, or both.  The identity of those parties and/or purposes should be identified.  To the extent a school district adds these restrictions, it must then limit its directory information disclosures to those individuals and/or purposes specified in this public notice.  Procedures to address how these restrictions will be enforced by the school district are advised.  Designation of directory information is an important policy decision for the local school board who must balance not only the privacy interests of the student against public disclosure but also the additional administrative requirements such restrictions on disclosures will place on the school district.]

[NOTE: The 2024 Minnesota legislature enacted Minnesota Statutes, section 480.40, which includes a law limiting disclosure of personal information concerning “judicial officials” (school districts can review the statutory definition of “judicial official”).  “Personal information” about a judicial official includes “the name of any child” and the name of any school that such a child attends if combined with an assertion that the child attends the school. School districts may not “knowingly publicly post, display, publish, sell, or otherwise make available on the Internet the personal information of any judicial official,” including in response to requests for directory information.]

1.        Education Records
2.        What constitutes “education records.”  Education records means those records that are: (1) directly related to a student; and (2) maintained by the school district or by a party acting for the school district.
3.        What does not constitute education records.   The term “education records” does not include:
4.        Records of instructional personnel that are:

(1)       kept in the sole possession of the maker of the record; 

(2)       used only as a personal memory aid;

(3)       not accessible or revealed to any other individual except a temporary substitute teacher; and

(4)       destroyed at the end of the school year.

1.        Records of a law enforcement unit of the school district, provided education records maintained by the school district are not disclosed to the unit, and the law enforcement records are:

(1)        maintained separately from education records;

(2)        maintained solely for law enforcement purposes; and

(3)        disclosed only to law enforcement officials of the same jurisdiction.

1.        Records relating to an individual, including a student, who is employed by the school district which:

(1)        are made and maintained in the normal course of business;

(2)        relate exclusively to the individual in that individual’s capacity as an employee; and

(3)        are not available for use for any other purpose.

However, records relating to an individual in attendance at the school district who is employed as a result of his or her status as a student are education records.

1.        Records relating to an eligible student, or a student attending an institution of post-secondary education, that are:

(1)        made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity or assisting in that capacity;

(2)        made, maintained, or used only in connection with the provision of treatment to the student; and

(3)        disclosed only to individuals providing the treatment; provided that the records can be personally reviewed by a physician or other appropriate professional of the student’s choice.  For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are a part of the program of instruction within the school district.

1.        Records created or received by the school district after an individual is no longer a student at the school district and that are not directly related to the individual’s attendance as a student.
2.        Grades on peer-related papers before the papers are collected and recorded by a teacher.
3.        Education Support Services Data

            “Education support services data” means data on individuals collected, created, maintained, used, or disseminated relating to programs administered by a government entity or entity under contract with a government entity designed to eliminate disparities and advance equities in educational achievement for youth by coordinating services available to participants, regardless of the youth’s involvement with other government services. Education support services data does not include welfare data under Minnesota Statutes, section 13.46.

            Unless otherwise provided by law, all education support services data are private data on individuals and must not be disclosed except according to Minnesota Statutes, section 13.05 or a court order.

1.        Eligible Student

“Eligible student” means a student who has attained eighteen (18) years of age or is attending an institution of post-secondary education.

1.        Juvenile Justice System

“Juvenile justice system” includes criminal justice agencies and the judiciary when involved in juvenile justice activities.

1.        Legitimate Educational Interest

“Legitimate educational interest” includes an interest directly related to classroom instruction, teaching, student achievement and progress, discipline of a student, student health and welfare, and the ability to respond to a request for education data.  It includes a person’s need to know in order to:

1.        Perform an administrative task required in the school or employee’s contract or position description approved by the school board;
2.        Perform a supervisory or instructional task directly related to the student’s education; 
3.        Perform a service or benefit for the student or the student’s family such as health care, counseling, student job placement, or student financial aid; or
4.        Perform a task directly related to responding to a request for data.
5.        Parent

“Parent” means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent of the student in the absence of a parent or guardian.  The school district may presume the parent has the authority to exercise the rights provided herein, unless it has been provided with evidence that there is a state law or court order governing such matters as marriage dissolution, separation or child custody, or a legally binding instrument which provides to the contrary.

1.       Personally Identifiable

“Personally identifiable” means that the data or information includes, but is not limited to:  (a) a student’s name; (b) the name of the student’s parent or other family member; (c) the address of the student or student’s family; (d) a personal identifier such as the student’s social security number or student number or biometric record; (e) other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name; (f) other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or (g) information requested by a person who the school district reasonably believes knows the identity of the student to whom the education record relates.

1.        Record

“Record” means any information or data recorded in any way including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

1.        Responsible Authority

“Responsible authority” means [designate title and actual name of individual].

1.        Student

“Student” includes any individual who is or has been in attendance, enrolled, or registered at the school district and regarding whom the school district maintains education records.  Student also includes applicants for enrollment or registration at the school district and individuals who receive shared time educational services from the school district.

1.        School Official

“School official” includes:  (a) a person duly elected to the school board; (b) a person employed by the school board in an administrative, supervisory, instructional, or other professional position; (c) a person employed by the school board as a temporary substitute in a professional position for the period of his or her performance as a substitute; and (d) a person employed by, or under contract to, the school board to perform a special task such as a secretary, a clerk, a public information officer or data practices compliance official, an attorney, or an auditor for the period of his or her performance as an employee or contractor.

[NOTE:   School districts may wish to reference police liaison officers in the definition of a “school official.”   Depending on the circumstances of the relationship, this may be added in subpart (d) of the definition or in a new subpart (e).  Caution should be used to ensure that police liaison officers are considered “school officials” only when performing duties as a police liaison officer and that they are trained as to their obligations pursuant to this policy.  Consultation with the school district’s legal counsel is recommended.]

1.        Summary Data

“Summary data” means statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristic that could uniquely identify the individual is ascertainable.

1.        Other Terms and Phrases

All other terms and phrases shall be defined in accordance with applicable state and federal law or ordinary customary usage.

1.      GENERAL CLASSIFICATION

State law provides that all data collected, created, received, or maintained by a school district are public unless classified by state or federal law as not public or private or confidential.  State law classifies all data on individuals maintained by a school district which relates to a student as private data on individuals.  This data may not be disclosed to parties other than the parent or eligible student without consent, except pursuant to a valid court order, certain state statutes authorizing access, and the provisions of FERPA and the regulations promulgated thereunder.

1.        STATEMENT OF RIGHTS
2.        Rights of Parents and Eligible Students

Parents and eligible students have the following rights under this policy:

1.        The right to inspect and review the student’s education records;
2.        The right to request the amendment of the student’s education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights;
3.        The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that such consent is not required for disclosure pursuant to this policy, state or federal law, or the regulations promulgated thereunder;
4.        The right to refuse release of names, addresses, and home telephone numbers of students in grades 11 and 12 to military recruiting officers and post-secondary educational institutions;
5.        The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school district to comply with the federal law and the regulations promulgated thereunder;
6.        The right to be informed about rights under the federal law; and
7.        The right to obtain a copy of this policy at the location set forth in Section XXI. of this policy.
8.        Eligible Students

All rights and protections given to parents under this policy transfer to the student when he or she reaches eighteen (18) years of age or enrolls in an institution of post-secondary education.  The student then becomes an “eligible student.” However, the parents of an eligible student who is also a “dependent student” are entitled to gain access to the education records of such student without first obtaining the consent of the student.  In addition, parents of an eligible student may be given access to education records in connection with a health or safety emergency if the disclosure meets the conditions of any provision set forth in 34 Code of Federal Regulations, section 99.31(a).

1.        Students with a Disability

The school district shall follow 34 Code of Federal Regulations, sections 300.610-300.617 with regard to the privacy, notice, access, recordkeeping, and accuracy of information related to students with a disability.

1.      DISCLOSURE OF EDUCATION RECORDS
2.        Consent Required for Disclosure
3.        The school district shall obtain a signed and dated written informed consent of the parent of a student or the eligible student before disclosing personally identifiable information from the education records of the student, except as provided herein.
4.        The written consent required by this subdivision must be signed and dated by the parent of the student or the eligible student giving the consent and shall include:
5.        a specification of the records to be disclosed;
6.        the purpose or purposes of the disclosure;
7.        the party or class of parties to whom the disclosure may be made;
8.        the consequences of giving informed consent; and
9.        if appropriate, a termination date for the consent.
10.        When a disclosure is made under this subdivision:
11.        if the parent or eligible student so requests, the school district shall provide him or her with a copy of the records disclosed; and
12.        if the parent of a student who is not an eligible student so requests, the school district shall provide the student with a copy of the records disclosed.
13.        A signed and dated written consent may include a record and signature in electronic form that:
14.        identifies and authenticates a particular person as the source of the electronic consent; and
15.        indicates such person’s approval of the information contained in the electronic consent.
16.        If the responsible authority seeks an individual’s informed consent to the release of private data to an insurer or the authorized representative of an insurer, informed consent shall not be deemed to have been given unless the statement is:
17.        in plain language;
18.        dated;
19.        specific in designating the particular persons or agencies the data subject is authorizing to disclose information about the data subject;
20.        specific as to the nature of the information the subject is authorizing to be disclosed;
21.        specific as to the persons or agencies to whom the subject is authorizing information to be disclosed;
22.        specific as to the purpose or purposes for which the information may be used by any of the parties named in Clause e. above, both at the time of the disclosure and at any time in the future; and
23.        specific as to its expiration date which should be within a reasonable time, not to exceed one year except in the case of authorizations given in connection with applications for: (i) life insurance or noncancellable or guaranteed renewable health insurance and identified as such, two years after the date of the policy, or (ii) medical assistance under Minnesota Statutes chapter 256B or Minnesota Care under Minnesota Statutes chapter 256L, which shall be ongoing during all terms of eligibility, for individualized education program health-related services provided by a school district that are subject to third party reimbursement.
24.        Eligible Student Consent

Whenever a student has attained eighteen (18) years of age or is attending an institution of post-secondary education, the rights accorded to and the consent required of the parent of the student shall thereafter only be accorded to and required of the eligible student, except as provided in Section V. of this policy.

1.        Prior Consent for Disclosure Not Required

The school district may disclose personally identifiable information from the education records of a student without the written consent of the parent of the student or the eligible student unless otherwise provided herein, if the disclosure is:

1.        To other school officials, including teachers, within the school district whom the school district determines have a legitimate educational interest in such records;
2.        To a contractor, consultant, volunteer, or other party to whom the school district has outsourced institutional services or functions provided that the outside party:
3.        performs an institutional service or function for which the school district would otherwise use employees;
4.        is under the direct control of the school district with respect to the use and maintenance of education records; and
5.        will not disclose the information to any other party without the prior consent of the parent or eligible student and uses the information only for the purposes for which the disclosure was made;
6.      To officials of other schools, school districts, or post-secondary educational institutions in which the student seeks or intends to enroll, or is already enrolled, as long as the disclosure is for purposes related to the student’s enrollment or transfer.  The records shall include information about disciplinary action taken as a result of any incident in which the student possessed or used a dangerous weapon, and with proper annual notice (see Section XIX.), suspension and expulsion information pursuant to section 7917 of the federal Every Student Succeeds Act, 20 United States Code, section 7917, [insert the following if the school district has a policy regarding Staff Notification of Violent Behavior by Students] and, if applicable, data regarding a student’s history of violent behavior.   The records also shall include a copy of any probable cause notice or any disposition or court order under Minnesota Statutes, section 260B.171, unless the data are required to be destroyed under Minnesota Statutes, section 120A.22, subdivision 7(c) or section 121A.75.  On request, the school district will provide the parent or eligible student with a copy of the education records that have been transferred and provide an opportunity for a hearing to challenge the content of those records in accordance with Section XV. of this policy;
7.        To authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the U.S. Department of Education, or the Commissioner of the State Department of Education or his or her representative, subject to the conditions relative to such disclosure provided under federal law;
8.        In connection with financial aid for which a student has applied or has received, if the information is necessary for such purposes as to:
9.        determine eligibility for the aid;
10.        determine the amount of the aid;
11.        determine conditions for the aid; or
12.        enforce the terms and conditions of the aid.

“Financial aid” for purposes of this provision means a payment of funds provided to an individual or a payment in kind of tangible or intangible property to the individual that is conditioned on the individual’s attendance at an educational agency or institution;

6.        To state and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to state statute adopted:
7.        before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and such system’s ability to effectively serve the student whose records are released; or
8.        after November 19, 1974, if the reporting or disclosure allowed by state statute concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records are released, provided the officials and authorities to whom the records are disclosed certify in writing to the school district that the data will not be disclosed to any other party, except as provided by state law, without the prior written consent of the parent of the student.  At a minimum, the school district shall disclose the following information to the juvenile justice system under this paragraph:  a student’s full name, home address, telephone number, and date of birth; a student’s school schedule, attendance record, and photographs, if any; and parents’ names, home addresses, and telephone numbers;
9.        To organizations conducting studies for or on behalf of educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, or improving instruction; provided that the studies are conducted in a manner which does not permit the personal identification of parents or students by individuals other than representatives of the organization who have a legitimate interest in the information, the information is destroyed when no longer needed for the purposes for which the study was conducted, and the school district enters into a written agreement with the organization that:  (a) specifies the purpose, scope, and duration of the study or studies and the information to be disclosed; (b) requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement; (c) requires the organization to conduct the study in a manner that does not permit personal identification of parents and students by anyone other than representatives of the organization with legitimate interests; and (d) requires the organization to destroy all personally identifiable information when information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed.  For purposes of this provision, the term, “organizations,” includes, but is not limited to, federal, state, and local agencies and independent organizations.   In the event the Department of Education determines that a third party outside of the school district to whom information is disclosed violates this provision, the school district may not allow that third party access to personally identifiable information from education records for at least five (5) years;
10.        To accrediting organizations in order to carry out their accrediting functions;
11.        To parents of a student eighteen (18) years of age or older if the student is a dependent of the parents for income tax purposes;
12.      To comply with a judicial order or lawfully issued subpoena, provided, however, that the school district makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance therewith so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with a federal grand jury subpoena, or any other subpoena issued for law enforcement purposes, and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed, or the disclosure is in compliance with an ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 United States Code, section 2332b(g)(5)(B),an act of domestic or international terrorism as defined in 18 United States Code, section 2331, or a parent is a party to a court proceeding involving child abuse and neglect or dependency matters, and the order is issued in the context of the proceeding.  If the school district initiates legal action against a parent or student, it may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the school district to proceed with the legal action as a plaintiff.  Also, if a parent or eligible student initiates a legal action against the school district, the school district may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the school district to defend itself;
13.      To appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health, including the mental health, or safety of the student or other individuals.  The decision is to be based upon information available at the time the threat occurs that indicates that there is an articulable and significant threat to the health or safety of a student or other individuals. In making a determination whether to disclose information under this section, the school district may take into account the totality of the circumstances pertaining to a threat and may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other students.  A record of this disclosure must be maintained pursuant to Section XIII.E. of this policy.  In addition, an educational agency or institution may include in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.  This information may be disclosed to teachers and school officials within the school district and/or teachers and school officials in other schools who have legitimate educational interests in the behavior of the student;
14.      To the juvenile justice system if information about the behavior of a student who poses a risk of harm is reasonably necessary to protect the health or safety of the student or other individuals;
15.      Information the school district has designated as “directory information” pursuant to Section VII. of this policy;
16.      To military recruiting officers and post-secondary educational institutions pursuant to Section XI. of this policy;
17.      To the parent of a student who is not an eligible student or to the student himself or herself;
18.      To appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiologic investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted;
19.      To volunteers who are determined to have a legitimate educational interest in the data and who are conducting activities and events sponsored by or endorsed by the educational agency or institution for students or former students;
20.      To the juvenile justice system, on written request that certifies that the information will not be disclosed to any other person except as authorized by law without the written consent of the parent of the student:
21.        the following information about a student must be disclosed:  a student’s full name, home address, telephone number, date of birth; a student’s school schedule, daily attendance record, and photographs, if any; and any parents’ names, home addresses, and telephone numbers;
22.        the existence of the following information about a student, not the actual data or other information contained in the student’s education record, may be disclosed provided that a request for access must be submitted on the statutory form and it must contain an explanation of why access to the information is necessary to serve the student:  (1) use of a controlled substance, alcohol, or tobacco; (2) assaultive or threatening conduct that could result in dismissal from school under the Pupil Fair Dismissal Act; (3) possession or use of weapons or look-alike weapons; (4) theft; or (5) vandalism or other damage to property.  Prior to releasing this information, the principal or chief administrative officer of a school who receives such a request must, to the extent permitted by federal law, notify the student’s parent or guardian by certified mail of the request to disclose information.  If the student’s parent or guardian notifies the school official of an objection to the disclosure within ten (10) days of receiving certified notice, the school official must not disclose the information and instead must inform the requesting member of the juvenile justice system of the objection.  If no objection from the parent or guardian is received within fourteen (14) days, the school official must respond to the request for information.

The written requests of the juvenile justice system member(s), as well as a record of any release, must be maintained in the student’s file;

19.      To the principal where the student attends and to any counselor directly supervising or reporting on the behavior or progress of the student if it is information from a disposition order received by a superintendent under Minnesota Statutes section 260B.171, subdivision 3.  The principal must notify the counselor immediately and must place the disposition order in the student’s permanent education record.   The principal also must notify immediately any teacher or administrator who directly supervises or reports on the behavior or progress of the student whom the principal believes needs the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability.  The principal may also notify other school district employees, substitutes, and volunteers who are in direct contact with the student if the principal determines that these individuals need the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability.  Such notices from the principal must identify the student, outline the offense, and describe any conditions of probation about which the school must provide information if this information is provided in the disposition order.   Disposition order information received is private educational data received for the limited purpose of serving the educational needs of the student and protecting students and staff.   The information may not be further disseminated by the counselor, teacher, administrator, staff member, substitute, or volunteer except as necessary to serve the student, to protect students and staff, or as otherwise required by law, and only to the student or the student’s parent or guardian;
20.      To the principal where the student attends if it is information from a peace officer’s record of children received by a superintendent under Minnesota Statutes, section 260B.171, subdivision 5.  The principal must place the information in the student’s education record.  The principal also must notify immediately any teacher, counselor, or administrator directly supervising the student whom the principal believes needs the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability.  The principal may also notify other district employees, substitutes, and volunteers who are in direct contact with the student if the principal determines that these individuals need the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability.   Such notices from the principal must identify the student and describe the alleged offense if this information is provided in the peace officer’s notice.  Peace officer’s record information received is private educational data received for the limited purpose of serving the educational needs of the student and protecting students and staff.  The information must not be further disseminated by the counselor, teacher administrator, staff member, substitute, or volunteer except to communicate with the student or the student’s parent or guardian as necessary to serve the student, to protect students and staff, or as otherwise required by law.

The principal must delete the peace officer’s record from the student’s education record, destroy the data, and make reasonable efforts to notify any teacher, counselor, staff member, administrator, substitute, or volunteer who received information from the peace officer’s record if the county attorney determines not to proceed with a petition or directs the student into a diversion or mediation program or if a juvenile court makes a decision on a petition and the county attorney or juvenile court notifies the superintendent of such action;

21.      To the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of state and local educational and other agencies and institutions receiving funding or providing benefits of one or more programs authorized under the National School Lunch Act or the Child Nutrition Act of 1966 for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that: (a) any data collected shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and (b) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; or
22.      To an agency caseworker or other representative of a State or local child welfare agency, or tribal organization (as defined in 25 United States Code, section 5304), who has the right to access a student’s case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the student’s education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a student’s education records.
23.      When requested, educational agencies or institutions may share personal student contact information and directory information for students served in special education with postsecondary transition planning and services under Minnesota Statutes, section 125A.08, paragraph (b), clause (1), whether public or private, with the Minnesota Department of Employment and Economic Development, as required for coordination of services to students with disabilities under Minnesota Statutes, sections 125A.08, paragraph (b), clause (1); 125A.023; and 125A.027.

[NOTE: The 2024 Minnesota legislature enacted this provision.]

1.        Nonpublic School Students

The school district may disclose personally identifiable information from the education records of a nonpublic school student, other than a student who receives shared time educational services, without the written consent of the parent of the student or the eligible student unless otherwise provided herein, if the disclosure is:

1.        Pursuant to a valid court order;
2.        Pursuant to a statute specifically authorizing access to the private data; or
3.       To appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiological investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted.

VII.     RELEASE OF DIRECTORY INFORMATION

1.        Educational Data
2.     Educational data designated as directory information is public data on individuals to the extent required under federal law. Directory information must be designated pursuant to the provisions of:
3.         Minnesota Statutes, section 13.32, subdivision 5; and
4.        20 United States Code, section 1232g, and 34 Code of Federal Regulations, section 99.37, which were in effect on January 3, 2012.
5.         The school district may not designate a student’s home address, telephone number, email address, or other personal contact information as directory information under this section.
6.         When requested, the school district must share personal contact information and directory information, whether public or private, with the Minnesota Department of Education, as required for federal reporting purposes.

[NOTE: This section became effective on the day following final enactment (May 19, 2023). Beginning on the effective date, a student’s personal contact information subject to this section must be treated as private educational data under Minnesota Statutes, section 13.32, regardless of whether that contact information was previously designated as directory information under Minnesota Statutes, section 13.32, subdivision 5].

1.        Former Students

Unless a former student validly opted out of the release of directory information while the student was in attendance and has not rescinded the opt out request at any time, the school district may disclose directory information from the education records generated by it regarding the former student without meeting the requirements of Paragraph C. of this section.  In addition, under an explicit exclusion from the definition of an “education record,” the school district may release records that only contain information about an individual obtained after he or she is no longer a student at the school district and that are not directly related to the individual’s attendance as a student (e.g., a student’s activities as an alumnus of the school district).

1.        Present Students and Parents

The school district may disclose directory information from the education records of a student and information regarding parents without prior written consent of the parent of the student or eligible student, except as provided herein.   

1.         When conducting the directory information designation and notice process required by federal law, the school district shall give parents and students notice of the right to refuse to let the district designate specified data about the student as directory information. 
2.        The school district shall give annual notice by any means that are reasonably likely to inform the parents and eligible students of:
3.        the types of personally identifiable information regarding students and/or parents that the school district has designated as directory information;
4.        the parent’s or eligible student’s right to refuse to let the school district designate any or all of those types of information about the student and/or the parent as directory information; and
5.        the period of time in which a parent or eligible student has to notify the school district in writing that he or she does not want any or all of those types of information about the student and/or the parent designated as directory information.

[NOTE:  Federal law allows a school district to specify that the disclosure of directory information will be limited to specific parties, for specific purposes, or both.  If the school district chooses to impose these limitations, it is advisable to add a new paragraph VII.C.1.d. that specifies that disclosures of directory information will be limited to specific parties and/or for specific purposes and identify those parties and/or purposes.  To the extent a school district adds these restrictions, it must then limit its directory information disclosures to those individuals and/or purposes specified in this public notice.  Procedures to address how these restrictions will be enforced by the school district are advised.  This is an important policy decision for the local school board which must balance not only the privacy interests of the student against public disclosure, but also the additional administrative requirements such restrictions will place on the school district.]

3.        Allow a reasonable period of time after such notice has been given for a parent or eligible student to inform the school district in writing that any or all of the information so designated should not be disclosed without the parent’s or eligible student’s prior written consent, except as provided in Section VI. of this policy.
4.        A parent or eligible student may not opt out of the directory information disclosures to:
5.         prevent the school district from disclosing or requiring the student to disclose the student’s name, ID, or school district e-mail address in a class in which the student is enrolled; or
6.         prevent the school district from requiring a student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information that may be designated as directory information and that has been properly designated by the school district as directory information.
7.        The school district shall not disclose or confirm directory information without meeting the written consent requirements contained in Section VI.A. of this policy if a student’s social security number or other non-directory information is used alone or in combination with other data elements to identify or help identify the student or the student’s records.
8.        Procedure for Obtaining Nondisclosure of Directory Information

The parent’s or eligible student’s written notice shall be directed to the responsible authority and shall include the following:

1.        Name of the student and/or parent, as appropriate;
2.        Home address;
3.        School presently attended by student;
4.        Parent’s legal relationship to student, if applicable; and
5.        Specific categories of directory information to be made not public without the parent’s or eligible student’s prior written consent, which shall only be applicable for that school year.
6.        Duration

The designation of any information as directory information about a student or parents will remain in effect for the remainder of the school year unless the parent or eligible student provides the written notifications provided herein.

VIII.    DISCLOSURE OF PRIVATE RECORDS

1.        Private Records

For the purposes herein, education records are records which are classified as private data on individuals by state law and which are accessible only to the student who is the subject of the data and the student’s parent if the student is not an eligible student.  The school district may not disclose private records or their contents except as summary data, or except as provided in Section VI. of this policy, without the prior written consent of the parent or the eligible student.  The school district will use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other party to whom personally identifiable information from education records is disclosed.

1.        Private Records Not Accessible to Parent

In certain cases, state law intends, and clearly provides, that certain information contained in the education records of the school district pertaining to a student be accessible to the student alone, and to the parent only under special circumstances, if at all.

1.        The responsible authority may deny access to private data by a parent when a minor student who is the subject of that data requests that the responsible authority deny such access.  The minor student’s request must be submitted in writing setting forth the reasons for denying access to the parent and must be signed by the minor.  Upon receipt of such request the responsible authority shall determine if honoring the request to deny the parent access would be in the best interest of the minor data subject.  In making this determination the responsible authority shall consider the following factors:
2.        whether the minor is of sufficient age and maturity to be able to explain the reasons for and understand the consequences of the request to deny access;
3.        whether the personal situation of the minor is such that denying parental access may protect the minor data subject from physical or emotional harm;
4.        whether there are grounds for believing that the minor data subject’s reasons for precluding parental access are reasonably accurate;
5.        whether the data in question is of such a nature that disclosure of it to the parent may lead to physical or emotional harm to the minor data subject; and
6.        whether the data concerns medical, dental or other health services provided pursuant to Minnesota Statutes, sections 144.341-144.347, in which case the data may be released only if the failure to inform the parent would seriously jeopardize the health of the minor.
7.        Private Records Not Accessible to Student

Students shall not be entitled to access to private data concerning financial records and statements of the student’s parent or any information contained therein.

1.                   Military-Connected Youth Identifier

            When a school district updates its enrollment forms in the ordinary course of business, the school district must include a box on the enrollment form to allow students to self-identify as a military-connected youth.  For purposes of this section, a “military-connected youth” means having an immediate family member, including a parent or sibling, who is currently in the armed forces either as a reservist or on active duty or has recently retired from the armed forces.  Data collected under this provision is private data on individuals, but summary data may be published by the Department of Education. 

1.      DISCLOSURE OF CONFIDENTIAL RECORDS
2.        Confidential Records

Confidential records are those records and data contained therein which are made not public by state or federal law, and which are inaccessible to the student and the student’s parents or to an eligible student.

1.        Reports Under the Maltreatment of Minors Reporting Act

Pursuant to Minnesota Statutes, chapter 260E , written copies of reports pertaining to a neglected and/or physically and/or sexually abused child shall be accessible only to the appropriate welfare and law enforcement agencies.  In respect to other parties, such data shall be confidential and will not be made available to the parent or the subject individual by the school district.  The subject individual, however, may obtain a copy of the report from either the local welfare agency, county sheriff, or the local police department subject to the provisions of Minnesota Statutes, chapter 260E.

Regardless of whether a written report is made under Minnesota Statutes Chapter 260E, as soon as practicable after a school receives information regarding an incident that may constitute maltreatment of a child in a school facility, the school shall inform the parent, legal guardian, or custodian of the child that an incident occurred that may constitute maltreatment of the child, when the incident occurred, and the nature of the conduct that may constitute maltreatment.

1.        Investigative Data

Data collected by the school district as part of an active investigation undertaken for the purpose of the commencement or defense of pending civil legal action, or are retained in anticipation of a pending civil legal action are classified as protected nonpublic data in the case of data not on individuals, and confidential data in the case of data on individuals.

1.        The school district may make any data classified as protected non-public or confidential pursuant to this subdivision accessible to any person, agency, or the public if the school district determines that such access will aid the law enforcement process, promote public health or safety, or dispel widespread rumor or unrest.
2.        A complainant has access to a statement he or she provided to the school district.
3.        Parents or eligible students may have access to investigative data of which the student is the subject, but only to the extent the data is not inextricably intertwined with data about other school district students, school district employees, and/or attorney data as defined in Minnesota Statutes, section 13.393.
4.        Once a civil investigation becomes inactive, civil investigative data becomes public unless the release of the data would jeopardize another pending civil legal action, except for those portions of such data that are classified as not public data under state or federal law.  Any civil investigative data presented as evidence in court or made part of a court record shall be public.  For purposes of this provision, a civil investigation becomes inactive upon the occurrence of any of the following events:
5.        a decision by the school district, or by the chief attorney for the school district, not to pursue the civil legal action.  However, such investigation may subsequently become active if the school district or its attorney decides to renew the civil legal action;
6.        the expiration of the time to file a complaint under the statute of limitations or agreement applicable to the civil legal action; or
7.        the exhaustion or expiration of rights of appeal by either party to the civil legal action.
8.        A “pending civil legal action” for purposes of this subdivision is defined as including, but not limited to, judicial, administrative, or arbitration proceedings.
9.        Chemical Abuse Records

To the extent the school district maintains records of the identity, diagnosis, prognosis, or treatment of any student which are maintained in connection with the performance of any drug abuse prevention function conducted, regulated, or directly or indirectly assisted by any department or agency of the United States, such records are classified as confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized by law.

1.        DISCLOSURE OF SCHOOL RECORDS PRIOR TO EXCLUSION OR EXPULSION HEARING

At a reasonable time prior to any exclusion or expulsion hearing, the student and the student’s parent or guardian or representative shall be given access to all school district records pertaining to the student, including any tests or reports upon which the action proposed by the school district may be based, pursuant to the Minnesota Pupil Fair Dismissal Act, Minnesota Statutes, section 121A.40, et seq.

1.      DISCLOSURE OF DATA TO MILITARY RECRUITING OFFICERS AND POST-SECONDARY EDUCATIONAL INSTITUTIONS
2.        The school district will release the names, addresses, electronic mail address (which shall be the electronic mail addresses provided by the school district, if available, that may be released to military recruiting officers only), and home telephone numbers of students in grades 11 and 12 to military recruiting officers and post-secondary educational institutions within sixty (60) days after the date of the request unless a parent or eligible student has refused in writing to release this data pursuant to Paragraph C. below. 
3.        Data released to military recruiting officers under this provision:
4.        may be used only for the purpose of providing information to students about military service, state and federal veterans’ education benefits, and other career and educational opportunities provided by the military; 
5.        cannot be further disseminated to any other person except personnel of the recruiting services of the armed forces; and
6.        copying fees shall not be imposed.
7.        A parent or eligible student has the right to refuse the release of the name, address, electronic mail addresses (which shall be the electronic mail addresses provided by the school, if available, that may be released to military recruiting officers only) or home telephone number to military recruiting officers and post-secondary educational institutions.  To refuse the release of the above information to military recruiting officers and post-secondary educational institutions, a parent or eligible student must notify the responsible authority[designate title of individual, i.e., building principal] in writing by [date] each year.  The written request must include the following information:
8.        Name of student and parent, as appropriate;
9.        Home address;
10.        Student’s grade level;
11.        School presently attended by student;
12.        Parent’s legal relationship to student, if applicable;
13.        Specific category or categories of information which are not to be released to military recruiting officers and post-secondary educational institutions; and
14.        Specific category or categories of information which are not to be released to the public, including military recruiting officers and post-secondary educational institutions.
15.        Annually, the school district will provide public notice by any means that are reasonably likely to inform the parents and eligible students of their rights to refuse to release the names, addresses, and home phone numbers of students in grades 11 and 12 without prior consent.
16.        A parent or eligible student’s refusal to release the above information to military recruiting officers and post-secondary educational institutions does not affect the school district’s release of directory information to the rest of the public, which includes military recruiting officers and post-secondary educational institutions.  In order to make any directory information about a student private, the procedures contained in Section VII. of this policy also must be followed.   Accordingly, to the extent the school district has designated the name, address, home phone number, and grade level of students as directory information, absent a request from a parent or eligible student not to release such data, this information will be public data and accessible to members of the public, including military recruiting officers and post-secondary educational institutions.

XII.     LIMITS ON REDISCLOSURE

1.        Redisclosure

Consistent with the requirements herein, the school district may only disclose personally identifiable information from the education records of a student on the condition that the party to whom the information is to be disclosed will not disclose the information to any other party without the prior written consent of the parent of the student or the eligible student, except that the officers, employees, and agents of any party receiving personally identifiable information under this section may use the information, but only for the purposes for which the disclosure was made.

1.        Redisclosure Not Prohibited
2.        Subdivision A. of this section does not prevent the school district from disclosing personally identifiable information under Section VI. of this policy with the understanding that the party receiving the information may make further disclosures of the information on behalf of the school district provided:
3.        The disclosures meet the requirements of Section VI. of this policy; and
4.        The school district has complied with the record-keeping requirements of Section XIII. of this policy.
5.      Subdivision A. of this section does not apply to disclosures made pursuant to court orders or lawfully issued subpoenas or litigation, to disclosures of directory information, to disclosures to a parent or student or to parents of dependent students, or to disclosures concerning sex offenders and other individuals required to register under 42 United States Code, section 14071.  However, the school district must provide the notification required in Section XII.D. of this policy if a redisclosure is made based upon a court order or lawfully issued subpoena.

[NOTE:   42 United States Code, section 14071 was repealed.  School districts should retain this statutory reference, however, as it remains a reference in FERPA and the Minnesota Government Data Practices Act and still may apply to individuals required to register prior to the repeal of this law.]

1.        Classification of Disclosed Data

The information disclosed shall retain the same classification in the hands of the party receiving it as it had in the hands of the school district.

1.        Notification

The school district shall inform the party to whom a disclosure is made of the requirements set forth in this section, except for disclosures made pursuant to court orders or lawfully issued subpoenas, disclosure of directory information under Section VII. of this policy, disclosures to a parent or student, or disclosures to parents of a dependent student.  In the event that the Family Policy Compliance Office determines that a state or local educational authority, a federal agency headed by an official listed in 34 Code of Federal Regulations, section 99.31(a)(3), or an authorized representative of a state or local educational authority or a federal agency headed by an official listed in section 99.31(a)(3), or a third party outside of the school district improperly rediscloses personally identifiable information from education records or fails to provide notification required under this section of this policy, the school district may not allow that third party access to personally identifiable information from education records for at least five (5) years.

XIII.    RESPONSIBLE AUTHORITY; RECORD SECURITY; AND RECORD KEEPING

1.        Responsible Authority

The responsible authority shall be responsible for the maintenance and security of student records.

1.        Record Security

The principal of each school subject to the supervision and control of the responsible authority shall be the records manager of the school, and shall have the duty of maintaining and securing the privacy and/or confidentiality of student records.

1.        Plan for Securing Student Records

The building principal shall submit to the responsible authority a written plan for securing students records by September 1 of each school year.  The written plan shall contain the following information:

1.        A description of records maintained;
2.        Titles and addresses of person(s) responsible for the security of student records;
3.        Location of student records, by category, in the buildings;
4.        Means of securing student records; and
5.        Procedures for access and disclosure.
6.        Review of Written Plan for Securing Student Records

The responsible authority shall review the plans submitted pursuant to Paragraph C. of this section for compliance with the law, this policy, and the various administrative policies of the school district.  The responsible authority shall then promulgate a chart incorporating the provisions of Paragraph C. which shall be attached to and become a part of this policy.

1.        Record Keeping
2.        The principal shall, for each request for and each disclosure of personally identifiable information from the education records of a student, maintain a record, with the education records of the student, that indicates:
3.        the parties who have requested or received personally identifiable information from the education records of the student;
4.        the legitimate interests these parties had in requesting or obtaining the information; and
5.        the names of the state and local educational authorities and federal officials and agencies listed in Section VI.B.4. of this policy that may make further disclosures of personally identifiable information from the student’s education records without consent.
6.        In the event the school district discloses personally identifiable information from an education record of a student pursuant to Section XII.B. of this policy, the record of disclosure required under this section shall also include:
7.        the names of the additional parties to which the receiving party may disclose the information on behalf of the school district;
8.    the legitimate interests under Section VI. of this policy which each of the additional parties has in requesting or obtaining the information; and
9.      a copy of the record of further disclosures maintained by a state or local educational authority or federal official or agency listed in Section VI.B.4. of this policy in accordance with 34 Code of Federal Regulations, section 99.32 and to whom the school district disclosed information from an education record.   The school district shall request a copy of the record of further disclosures from a state or local educational authority or federal official or agency to whom education records were disclosed upon a request from a parent or eligible student to review the record of requests for disclosure.
10.      Section XIII.E.1. does not apply to requests by or disclosure to a parent of a student or an eligible student, disclosures pursuant to the written consent of a parent of a student or an eligible student, requests by or disclosures to other school officials under Section VI.B.1. of this policy, to requests for disclosures of directory information under Section VII. of this policy, or to a party seeking or receiving the records as directed by a federal grand jury or other law enforcement subpoena and the issuing court or agency has ordered that the existence or the contents of the subpoena or the information provided in response to the subpoena not be disclosed or as directed by an ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 United States Code, section 2332b(g)(5)(B) or an act of domestic or international terrorism.

[NOTE:   While Section XIII.E.1. does not apply to requests for or disclosures of directory information under Section VII. of this policy, to the extent the school district chooses to limit the disclosure of directory information to specific parties, for specific purposes, or both, it is advisable that records be kept to identify the party to whom the disclosure was made and/or purpose for the disclosure.]

4.        The record of requests of disclosures may be inspected by:
5.        the parent of the student or the eligible student;
6.        the school official or his or her assistants who are responsible for the custody of the records; and
7.        the parties authorized by law to audit the record-keeping procedures of the school district.
8.        The school district shall record the following information when it discloses personally identifiable information from education records under the health or safety emergency exception:
9.        the articulable and significant threat to the health or safety of a student or other individual that formed the basis for the disclosure; and
10.        the parties to whom the school district disclosed the information.
11.        The record of requests and disclosures shall be maintained with the education records of the student as long as the school district maintains the student’s education records.

XIV.     RIGHT TO INSPECT AND REVIEW EDUCATION RECORDS

1.        Parent of a Student, an Eligible Student or the Parent of an Eligible Student Who is Also a Dependent Student

The school district shall permit the parent of a student, an eligible student, or the parent of an eligible student who is also a dependent student who is or has been in attendance in the school district to inspect or review the education records of the student, except those records which are made confidential by state or federal law or as otherwise provided in Section VIII. of this policy.

1.        Response to Request for Access

The school district shall respond to any request pursuant to Subdivision A. of this section immediately, if possible, or within ten (10) days of the date of the request, excluding Saturdays, Sundays, and legal holidays.

1.        Right to Inspect and Review

The right to inspect and review education records under Subdivision A. of this section includes:

1.        The right to a response from the school district to reasonable requests for explanations and interpretations of records; and
2.        If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the education records, the school district shall provide the parent or eligible student with a copy of the records requested or make other arrangements for the parent or eligible student to inspect and review the requested records.
3.        Nothing in this policy shall be construed as limiting the frequency of inspection of the education records of a student with a disability by the student’s parent or guardian or by the student upon the student reaching the age of majority.
4.        Form of Request

Parents or eligible students shall submit to the school district a written request to inspect education records which identify as precisely as possible the record or records he or she wishes to inspect.

1.        Collection of Student Records

If a student’s education records are maintained in more than one location, the responsible authority may collect copies of the records or the records themselves from the various locations so they may be inspected at one site.   However, if the parent or eligible student wishes to inspect these records where they are maintained, the school district shall attempt to accommodate those wishes.  The parent or eligible student shall be notified of the time and place where the records may be inspected.

1.        Records Containing Information on More Than One Student

If the education records of a student contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information which pertains to that student.

1.        Authority to Inspect or Review

The school district may presume that either parent of the student has authority to inspect or review the education records of a student unless the school district has been provided with evidence that there is a legally binding instrument or a state law or court order governing such matters as marriage dissolution, separation, or custody which provides to the contrary.

1.        Fees for Copies of Records
2.        The school district shall charge a reasonable fee for providing photocopies or printed copies of records unless printing a copy is the only method to provide for the inspection of data.  In determining the amount of the reasonable fee, the school district shall consider the following:
3.        the cost of materials, including paper, used to provide the copies;
4.        the cost of the labor required to prepare the copies;
5.        any schedule of standard copying charges established by the school district in its normal course of operations;
6.        any special costs necessary to produce such copies from machine-based record-keeping systems, including but not limited to computers and microfilm systems; and
7.        mailing costs.
8.        If 100 or fewer pages of black and white, letter or legal size paper copies are requested, actual costs shall not be used, and, instead, the charge shall be no more than 25 cents for each page copied.
9.        The cost of providing copies shall be borne by the parent or eligible student.
10.        The responsible authority, however, may not impose a fee for a copy of an education record made for a parent or eligible student if doing so would effectively prevent or, in the case of a student with a disability, impair the parent or eligible student from exercising their right to inspect or review the student’s education records.
11.      REQUEST TO AMEND RECORDS; PROCEDURES TO CHALLENGE DATA
12.        Request to Amend Education Records

The parent of a student or an eligible student who believes that information contained in the education records of the student is inaccurate, misleading, or violates the privacy rights of the student may request that the school district amend those records.

1.        The request shall be in writing, shall identify the item the requestor believes to be inaccurate, misleading, or in violation of the privacy or other rights of the student, shall state the reason for this belief, and shall specify the correction the requestor wishes the school district to make.  The request shall be signed and dated by the requestor.
2.        The school district shall decide whether to amend the education records of the student in accordance with the request within thirty (30) days after receiving the request.
3.        If the school district decides to refuse to amend the education records of the student in accordance with the request, it shall inform the parent of the student or the eligible student of the refusal and advise the parent or eligible student of the right to a hearing under Subdivision B. of this section.
4.        Right to a Hearing

If the school district refuses to amend the education records of a student, the school district, on request, shall provide an opportunity for a hearing in order to challenge the content of the student’s education records to ensure that information in the education records of the student is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student.   A hearing shall be conducted in accordance with Subdivision C. of this section.

1.        If, as a result of the hearing, the school district decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall amend the education records of the student accordingly and so inform the parent of the student or the eligible student in writing.
2.        If, as a result of the hearing, the school district decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the school district, or both.
3.        Any statement placed in the education records of the student under Subdivision B. of this section shall:
4.        be maintained by the school district as part of the education records of the student so long as the record or contested portion thereof is maintained by the school district; and
5.        if the education records of the student or the contested portion thereof is disclosed by the school district to any party, the explanation shall also be disclosed to that party.
6.        Conduct of Hearing
7.        The hearing shall be held within a reasonable period of time after the school district has received the request, and the parent of the student or the eligible student shall be given notice of the date, place, and time reasonably in advance of the hearing.
8.        The hearing may be conducted by any individual, including an official of the school district who does not have a direct interest in the outcome of the hearing.   The school board attorney shall be in attendance to present the school board’s position and advise the designated hearing officer on legal and evidentiary matters.
9.        The parent of the student or eligible student shall be afforded a full and fair opportunity for hearing to present evidence relative to the issues raised under Subdivisions A. and B. of this section and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney.
10.        The school district shall make a decision in writing within a reasonable period of time after the conclusion of the hearing.  The decision shall be based solely on evidence presented at the hearing and shall include a summary of evidence and reasons for the decision.
11.        Appeal

The final decision of the designated hearing officer may be appealed in accordance with the applicable provisions of Minnesota Statutes chapter 14 relating to contested cases.

XVI.     PROBLEMS ACCESSING DATA

1.        The data practices compliance official is the designated employee to whom persons may direct questions or concerns regarding problems in obtaining access to data or other data practices problems.
2.        Data practices compliance official means[designate title and actual name of individual].
3.        Any request by an individual with a disability for reasonable modifications of the school district’s policies or procedures for purposes of accessing records shall be made to the data practices compliance official.

XVII.   COMPLAINTS FOR NONCOMPLIANCE WITH FERPA

1.        Where to File Complaints

Complaints regarding alleged violations of rights accorded parents and eligible students by FERPA, and the rules promulgated thereunder, shall be submitted in writing to the U.S. Department of Education, Student Privacy Policy Office, 400 Maryland Avenue S.W., Washington, D.C. 20202-8520.

1.        Content of Complaint

A complaint filed pursuant to this section must contain specific allegations of fact giving reasonable cause to believe that a violation of FERPA and the rules promulgated thereunder has occurred.

XVIII. WAIVER

A parent or eligible student may waive any of his or her rights provided herein pursuant to FERPA.  A waiver shall not be valid unless in writing and signed by the parent or eligible student.   The school district may not require such a waiver.

XIX.     ANNUAL NOTIFICATION OF RIGHTS

1.        Contents of Notice

The school district shall give parents of students currently in attendance and eligible students currently in attendance annual notice by such means as are reasonably likely to inform the parents and eligible students of the following:

1.        That the parent or eligible student has a right to inspect and review the student’s education records and the procedure for inspecting and reviewing education records;
2.        That the parent or eligible student has a right to seek amendment of the student’s education records to ensure that those records are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights and the procedure for requesting amendment of records;
3.        That the parent or eligible student has a right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that federal and state law and the regulations promulgated thereunder authorize disclosure without consent;
4.        That the parent or eligible student has a right to file a complaint with the U.S. Department of Education regarding an alleged failure by the school district to comply with the requirements of FERPA and the rules promulgated thereunder;
5.        The criteria for determining who constitutes a school official and what constitutes a legitimate educational interest for purposes of disclosing education records to other school officials whom the school district has determined to have legitimate educational interests; and
6.        That the school district forwards education records on request to a school in which a student seeks or intends to enroll or is already enrolled as long as the disclosure is for purposes related to the student’s enrollment or transfer and that such records may include suspension and expulsion records pursuant to the federal Every Student Succeeds Act and, if applicable, a student’s history of violent behavior.
7.        Notification to Parents of Students Having a Primary Home Language Other Than English

The school district shall provide for the need to effectively notify parents of students identified as having a primary or home language other than English.

1.        Notification to Parents or Eligible Students Who are Disabled

The school district shall provide for the need to effectively notify parents or eligible students identified as disabled.

1.      DESTRUCTION AND RETENTION OF RECORDS

Destruction and retention of records by the school district shall be controlled by state and federal law.

XXI.     COPIES OF POLICY

Copies of this policy may be obtained by parents and eligible students at the superintendent’s office.

Legal References:      Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)

Minn. Stat. § 13.32, Subd. 5 (Directory Information)

Minn. Stat. § 13.393 (Attorneys)

Minn. Stat. Ch. 14 (Administrative Procedures Act)

Minn. Stat. § 120A.22 (Compulsory Instruction)

Minn. Stat. § 121A.40-121A.56 (The Pupil Fair Dismissal Act)

Minn. Stat. § 121A.75 (Receipt of Records; Sharing)

Minn. Stat. § 127A.852 (Military-Connected Youth Identifier)

Minn. Stat. § 144.341-144.347 (Consent of Minors for Health Services)

Minn. Stat. Ch. 256B (Medical Assistance for Needy Persons)

Minn. Stat. Ch. 256L (MinnesotaCare)

Minn. Stat. § 260B.171, Subds. 3 and 5 (Disposition Order and Peace Officer Records of Children)

Minn. Stat. Ch. 260E (Reporting of Maltreatment of Minors)

Minn. Stat. § 363A.42 (Public Records; Accessibility)

Minn. Stat. § 480.40 (Personal Information, Dissemination)

Minn. Stat. § 626.557 (Reporting of Maltreatment of Vulnerable Adults)

Minn. Rules Parts 1205.0100-1205.2000 (Data Practices)

10 U.S.C. § 503(b) and (c) (Enlistments: Recruiting Campaigns; Compilation of Directory Information)

18 U.S.C. § 2331 (Definitions)

18 U.S.C. § 2332b (Acts of Terrorism Transcending National Boundaries)

20 U.S.C. § 1232g et seq. (Family Educational Rights and Privacy Act)

20 U.S.C. § 6301 et seq. (Every Student Succeeds Act)

20 U.S.C. § 7908 (Armed Forces Recruiting Information)

20 U.S.C. § 7917 (Transfer of School Disciplinary Records)

25 U.S.C. § 5304 (Definitions – Tribal Organization)

26 U.S.C. §§ 151 and 152 (Internal Revenue Code)

42 U.S.C. § 1711 et seq. (Child Nutrition Act)

42 U.S.C. § 1751 et seq. (Richard B. Russell National School Lunch Act)

34 C.F.R. §§ 99.1-99.67 (Family Educational Rights and Privacy)

34 C.F.R. § 300.610-300.627 (Confidentiality of Information)

42 C.F.R. § 2.1 et seq. (Confidentiality of Drug Abuse Patient Records)

Gonzaga University v. Doe, 536 U.S. 273 309 (2002)

Dept. of Admin. Advisory Op. No. 21-008 (December 8, 2021)

Cross References:      MSBA/MASA Model Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)

MSBA/MASA Model Policy 417 (Chemical Use and Abuse)

MSBA/MASA Model Policy 506 (Student Discipline)

MSBA/MASA Model Policy 519 (Interviews of Students by Outside Agencies)

MSBA/MASA Model Policy 520 (Student Surveys)

MSBA/MASA Model Policy 711 (Video Recording on School Buses)

MSBA/MASA Model Policy 722 (Public Data Requests)

MSBA/MASA Model Policy 906 (Community Notification of Predatory Offenders)

MSBA School Law Bulletin “I” (School Records – Privacy – Access to Data)

516 STUDENT COMPLAINTS AND GRIEVANCES

The board recognizes the right and responsibility of both school officials and students to develop a functional and orderly procedure through which consideration of student problems and concerns can be discussed and resolved quickly and equitably.

1. Students shall have the right to discuss with faculty members matters of both educational and personal concern in order to resolve differences and problems in a friendly and cooperative manner.

2. Students shall have the right to appeal in writing matters of educational and personal concern to the school principal should the discussion with the staff members not resolve the issue.

3. The right of appeal regarding educational and personal problems shall extend to the superintendent of schools and the board of education, following failure of the appeal at step 2.

It is the purpose of discussion and appeal procedures to provide access to appropriate school officials within a reasonable time. It is not the purpose to provide a forum through which trivialities, irresponsible actions, and non-related school issues are conveyed.

MSBA/MASA Model Policy 512
Orig. 1995
Rev. 2024

517     SCHOOL-SPONSORED STUDENT PUBLICATIONS AND ACTIVITIES

I.         PURPOSE

The purpose of this policy is to protect students’ rights to free speech in production of school-sponsored media and activities while at the same time balancing the school district’s role in supervising student publications and the operation of public schools.

II.        GENERAL STATEMENT OF POLICY

[NOTE: A school district generally will wish to reserve a forum it sponsors for its intended purpose in light of the special characteristics of the school environment.   By doing so, the school district will have more authority/editorial control over student expression in such a forum.  Sponsorship alone may not be enough, however.  If the exercise of control is challenged, courts will examine factors such as whether the school district’s purpose in creating the forum was educational, whether school officials supervised the publication or activity and exercised editorial control over the contents, whether the materials were produced as part of the curriculum, and whether students received grades and academic credit for the publication or activity.  If a forum is reserved, regulation of student expression as in Section IV.B. of this policy will be permissible.  If a forum is not reserved, but rather is opened for public communication by tradition or designation, then only the limited regulation of speech as described in Section IV.A. of this policy will be permissible.]

A.        The school district may exercise editorial control over the style and content of student expression in school-sponsored publications and activities.

B.       Expressions and representations made by students in school-sponsored media and activities are not expressions of official school district policy. Faculty advisors shall supervise student writers to ensure compliance with the law and school district policies.

C.        Students who believe their right to free expression has been unreasonably restricted in school-sponsored media or activity may seek review of the decision by the building principal.  The principal shall issue a decision no later than three (3) school days after review is requested.

1.         Students producing school-sponsored media and activities shall be under the supervision of a faculty advisor and the school principal. School-sponsored media and activities shall be subject to the guidelines set forth below.

2.         School-sponsored media may be distributed at reasonable times and locations.

III.      DEFINITIONS

A.         “Distribution” means circulation or dissemination of material by means of handing out free copies, selling or offering copies for sale, accepting donations for copies,  posting or displaying material, or placing materials in internal staff or student mailboxes.

B.         “Material and substantial disruption” of a normal school activity means:

1.         Where the normal school activity is an educational program of the school district for which student attendance is compulsory, “material and substantial disruption” is defined as any disruption which interferes with or impedes the implementation of that program.

2         Where the normal school activity is voluntary in nature (including, without limitation, school athletic events, school plays and concerts, and lunch periods) “material and substantial disruption” is defined as student rioting, unlawful seizures of property, conduct inappropriate to the event, participation in a school boycott, demonstration, sit-in, stand-in, walk-out, or other related forms of activity.

In order for expression to be considered disruptive, there must exist specific facts upon which the likelihood of disruption can be forecast, including past experience in the school, current events influencing student activities and behavior, and instances of actual or threatened disruption relating to the written material in question.

C.         “Minor” means any person under the age of eighteen (18). 

D.         “Obscene to minors” means:

1.         The average person, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest of minors of the age to whom distribution is requested;

2.         The material depicts or describes, in a manner that is patently offensive to prevailing standards in the adult community concerning how such conduct should be presented to minors of the age to whom distribution is requested, sexual conduct such as intimate sexual acts (normal or perverted), masturbation, excretory functions, or lewd exhibition of the genitals; and

3.         The material, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.     

E.         “School activities” means any activity of students sponsored by the school including, but not limited to, classroom work, library activities, physical education classes, official assemblies and other similar gatherings, school athletic contests, band concerts, school plays and other theatrical productions, and in-school lunch periods. 

F.         “School-sponsored media” means material that is:

 1.         prepared, wholly or substantially written, published, broadcast, or otherwise disseminated by a student journalist enrolled in the school district;

   2.         distributed or generally made available to students in the school; and

3.         prepared by a student journalist under the supervision of a student media adviser.

School-sponsored media does not include material prepared solely for distribution or transmission in the classroom in which the material is produced, or a yearbook.

G.        “Student journalist” means a school district student in grades 6 through 12 who gathers, compiles, writes, edits, photographs, records, or otherwise prepares information for dissemination in school-sponsored media.

H.       “Student media adviser” means a qualified teacher, as defined in Minnesota Statutes, section 122A.16, that the school district employs, appoints, or designates to supervise student journalists or provide instruction relating to school-sponsored media.            

[NOTE: The 2024 Minnesota legislature enacted the new definitions above and the new language in Article IV. below.]

IV.       GUIDELINES

A.        Except as provided in paragraph B below, a student journalist has the right to exercise freedom of speech and freedom of the press in school-sponsored media regardless of whether the school-sponsored media receives financial support from the school or district, uses school equipment or facilities in its production, or is produced as part of a class or course in which the student journalist is enrolled. Freedom of speech includes freedom to express political viewpoints. Consistent with paragraph B below, a student journalist has the right to determine the news, opinion, feature, and advertising content of school-sponsored media. The school district must not discipline a student journalist for exercising rights or freedoms under this paragraph or the First Amendment of the United States Constitution.

B.        Student expression in school-sponsored media, a yearbook, or a school-sponsored activity is prohibited when the material:

1.         is obscene to minors;

2.         is defamatory;

3.         is profane, harassing, threatening, or intimidating;

4.         constitutes an unwarranted invasion of privacy;

5.         violates federal or state law;

6.         causes a material and substantial disruption of school activities;

7.         is directed to inciting or producing imminent lawless action on school premises or the violation of lawful school policies or rules, including a policy adopted in accordance with Minnesota Statutes, section 121A.03 or 121A.031;

8.         advertises or promotes any product or service not permitted for minors by law;

9.         expresses or advocates sexual, racial, or religious harassment or violence or prejudice; or

10.         is distributed or displayed in violation of time, place, and manner regulations.

   C.      The school district must not retaliate or take adverse employment action against a student media adviser for supporting a student journalist exercising rights or freedoms under paragraph A above or the First Amendment of the United States Constitution.

D.         Notwithstanding the rights or freedoms of this Article or the First Amendment of the United States Constitution, nothing in this Article inhibits a student media adviser from teaching professional standards of English and journalism to student journalists.

These may include, but are not limited to, the following:

1.         assuring that participants learn whatever lessons the activity is designed to teach;

2.         assuring that readers or listeners are not exposed to material that may be inappropriate for their level of maturity;

3.         assuring that the views of the individual speaker are not erroneously attributed to the school;

4.         assuring that the school is not associated with any position other than neutrality on matters of political controversy;

5.         assuring that the sponsored student speech cannot reasonably be perceived to advocate conduct otherwise inconsistent with the shared values of a civilized social order;

6.         assuring that the school is not associated with expression that is, for example, ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences.

E.         Time, Place, and Manner of Distribution

Students shall be permitted to distribute written materials at school as follows:

1.         Time

Distribution shall be limited to the hours before the school day begins, during lunch hour and after school is dismissed.

2.         Place

Written materials may be distributed in locations so as not to interfere with the normal flow of traffic within the school hallways, walkways, entry ways, and parking lots.   Distribution shall not impede entrance to or exit from school premises in any way.

3.         Manner

No one shall induce or coerce a student or staff member to accept a student publication.

V.     POSTING

The school district must adopt a student journalist policy consistent with Minnesota Statutes, section 121A.80 and post it on the district website.

[NOTE: This model policy is crafted to fulfill the obligation stated above.]

Legal References:      U. S. Const., amend. I

Morse v. Frederick, 551 U.S. 393 (2007)

Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)

Bystrom v. Fridley High School, I.S.D. No. 14, 822 F. 2d 747 (8^th Cir. 1987)

Cross References:      MSBA/MASA Model Policy 505 (Distribution of Nonschool-Sponsored Materials on School Premises by Students and Employees)

            MSBA/MASA Model Policy 506 (Student Discipline)

MSBA/MASA Model Policy 904 (Distribution of Materials on School District Property by Nonschool Persons)

518 STUDENT FUNDRAISING
Replacement Policy: August 13, 2008
Revised: Oct 12, 2022
A. Purpose
The purpose of this policy is to address student fundraising efforts.
B. General Statement of Policy
The school board recognizes a desire and a need by some student organizations for fundraising.
The school board also recognizes a need for some constraint to prevent fundraising activities
from becoming too numerous and overly demanding on employees, students and the general
public.
C. Responsibility
1. It shall be the responsibility of the building principals to develop recommendations to the
superintendent that will result in a level of activity deemed acceptable by employees, parents
and students. Fundraising must be conducted in a manner that will not result in embarrassment
on the part of individual students, employees, or the school.
2. All fundraising activities must be approved in advance by the administration. Participation in
nonapproved activities shall be considered a violation of school district policy.
3. It shall be the responsibility of the superintendent to provide coordination of student
fundraising throughout the school district as deemed appropriate.
4. The school district expects all students who participate in approved fundraising activities to
represent the school, the student organization and the community in a responsible manner. All
rules pertaining to student conduct and student discipline extend to student fundraising
activities.
5. The school district expects all employees who plan, supervise, coordinate, or participate in
student fundraising activities to act in the best interests of the students and to represent the
school, the student organization, and the community in a responsible manner.
D. District Credit Card Use
Student Activity groups that need to purchase items using the District credit card need to fill out a requisition form to
be approved by Administration estimating the cost of the purchase. Upon approval, credit card will be given to Advisor
whereas itemized receipts outlining any items purchased and the corresponding Credit Card Usage Form need to be
submitted to the Business Manager. Failure to comply with the credit card use procedures may result in denied future
card use requests.

519 STUDENT FEES

It is the policy of District #363 that public school education shall be free and no student shall be denied an education because of economic inability to furnish educational books or supplies necessary to complete the educational requirements for graduation. Fees shall not be charged for instructional supplies, books or other materials. However, fees may be charged in a program where the resulting product is above minimum requirements, is at the student’s choice, and upon completion becomes the property of the student.

Students who cannot afford fees required by the school will be exempted from paying them. The following fees are established:

1. Students who lose or damage musical instruments will be charged for the cost of replacement or repair.

2. Students who lose or damage textbooks or other school provided equipment will be charged for the cost of replacement or repair on a pro-rated basis.

3. Students who lose or damage library books will be charged the cost of replacement or repair.

520 SOLICITATION OF STUDENTS

The schools shall strive to safeguard the students and their parents from money raising plans of outside organizations, commercial enterprises, and individuals. This policy applies particularly to ticket sales and to sales of articles or services except those directly sponsored or handled by the school authorities.

Outside organizations shall not be permitted to advertise events through the school or use the children to sell tickets except those jointly school sponsored or school approved parent-teacher activities.

All information, advertising, tickets, and other materials must carry the name of the sponsor. The use of the title BOARD OF DIRECTORS shall not be used on any materials, notices or advertising without the specific consent of the board of education.

521 STUDENT GOVERNMENT

Students have the right to an elected and representative student government. Student government representatives shall share in the formation of general school policies, discuss matters of faculty-student relations, and other matters of student concern.

Some method of establishing faculty, student, parent interaction and feedback to consider matters of mutual concern should be developed. This group may make recommendations for the general operation of the school and policy matters for the district.

Students have the responsibility to participate actively in the student government process, to make sure all students are allowed to vote, and to assure that offices are open to all who qualify. Students may be invited to school meetings by the administrator conducting the meeting.

522 AGE OF ENROLLMENT

Minnesota Statute 120A.20 states that no person shall be admitted to any public school as a: First Grade pupil unless the child is at least six years of age on September 1st of the calendar year in which the school year for which the child seeks admission commences or the child has completed kindergarten; Kindergarten pupil unless the child is at least five years of age on September 1st of the calendar year in which the school year for which the child seeks admission commences.

ISD #363 policy does allow a child whose birth date is after September 1st but before November 1st of their fifth year to be admitted to kindergarten only after the following conditions are met:

1. Parents must notify the administration before June 1st of their interest in early admission.

2. Parents shall present to the administration an official birth certificate. The school shall reserve the right to photo copy the birth certificate.

3. The child must be brought into the school office for an interview with the principal, kindergarten teacher, and/or other individuals at the administration’s discretion, to determine if the pupil has the emotional, physical, and mental maturity to enter kindergarten.

4. If requested by the school district, the parent would be responsible to continue the procedure by having complete psychological testing and a recommendation by the psychologist forwarded to the district office as to his/her evaluation of the child.

5. Upon a complete review by the principal and the superintendent, the board of education will be requested to accept or reject the parent/guardian’s request.

523 PEDICULOSIS (Lice) POLICY

A. Purpose

1. Provide education for the prevention of pediculosis to all students and families periodically.

2. Provide education, counseling, and treatment information to families with active cases of pediculosis.

3. Prevent the spread of pediculosis by actively participating in their eradication.

B. Procedure

1. Current information regarding the prevention of pediculosis will be sent home to all families in the district each fall, by the school nurse.

2. Information/education on the detection and recognition of pediculosis will be made available to all staff of the district.

3. If a teacher suspects a student has head lice, the teacher shall immediately refer the student to the school nurse. The nurse or proxy will assess the child using an electronic detector (ie. Robi–comb). If lice are detected, the nurse shall thoroughly comb the child’s hair with the electronic comb, thus killing and removing the lice. The student may stay in school if the nurse is reasonably sure that all live lice have been removed.

4. On days when the nurse is not in attendance, the appointed proxy will perform the treatment. On occasions when personnel are not available to treat the child, using the electronic comb, the child may be sent home.

5. The school nurse shall provide the student’s family with written instructions regarding the treatment of lice and the removal of nits. A general letter will be sent home to all students in the classroom to alert parents that an active case of pediculosis has been detected.

6. The student may return to school once treatment has been initiated. At the school nurse’s option, the Head Lice Checklist form (see appendix) may be sent home to be completed by the parent or guardian prior to the return of their son/daughter to school.

7. Parents are expected to ensure that their child has been appropriately treated and to continue to check and pick nits from the child’s head until none remain.

8. The school nurse shall be available to answer questions and concerns of both parents and staff. The nurse will monitor students that have been identified with pediculosis at frequent intervals as deemed appropriate by the nurse.

9. Families who are unable to eradicate the pediculosis are expected to discuss the situation with the nurse and to seek help from sources such as the MN Department of Public Health or their own health care provider.

10. In chronic cases, students will not be allowed to attend school until they are lice free.

Adopted: August 13, 2008
Revised: September 8, 2021

524 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL
ABUSE

[Note: This policy reflects the mandatory law regarding reporting of maltreatment of
minors and is not discretionary in nature.]

I. PURPOSE
The purpose of this policy is to make clear the statutory requirements of school personnel
to report suspected child neglect or physical or sexual abuse.

II. GENERAL STATEMENT OF POLICY
A. The policy of the school district is to fully comply with Minn. Stat. § 626.556
requiring school personnel to report suspected child neglect or physical or sexual
abuse.

B. A violation of this policy occurs when any school personnel fails to immediately
report instances of child neglect or physical or sexual abuse when the school
personnel knows or has reason to believe a child is being neglected or physically
or sexually abused or has been neglected or physically or sexually abused within
the preceding three years.

III. DEFINITIONS

A. “Accidental” means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:
  1. is not likely to occur and could not have been prevented by exercise of due
care; and
  2. if occurring while a child is receiving services from a facility, happens
when the facility and the employee or person providing services in the
facility are in compliance with the laws and rules relevant to the
occurrence of event.

B. “Child” means one under age 18 and, for purposes of Minn. Stat. Ch. 260C (Child
Protection) and Minn. Stat. Ch. 260D (Child in Voluntary Foster Care for
Treatment), includes an individual under age 21 who is in foster care pursuant to
Minn. Stat. § 260C.451 (Foster Care Benefits Past Age 18).

C. “Immediately” means as soon as possible but in no event longer than 24 hours.

D. “Mandated reporter” means any school personnel who knows or has reason to
believe a child is being neglected or physically or sexually abused, or has been
neglected or physically or sexually abused within the preceding three years.
E. “Neglect” means the commission or omission of any of the acts specified below,
other than by accidental means:
  1. failure by a person responsible for a child’s care to supply a child with
necessary food, clothing, shelter, health care, medical care, or other care
required for the child’s physical or mental health when reasonably able to
do so, including a growth delay, which may be referred to as a failure to
thrive, that has been diagnosed by a physician and is due to parental
neglect;
  2. failure to protect a child from conditions or actions that seriously endanger
the child’s physical or mental health when reasonably able to do so;
  3. failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors such as the child’s age,
mental ability, physical condition, length of absence, or environment,
when the child is unable to care for his or her own basic needs or safety or
the basic needs or safety of another child in his or her care;
  4. failure to ensure that a child is educated in accordance with state law,
which does not include a parent’s refusal to provide his or her child with
sympathomimetic medications;
  5. prenatal exposure to a controlled substance used by the mother for a
nonmedical purpose, as evidenced by withdrawal symptoms in the child at
birth, results of a toxicology test performed on the mother at delivery or
the child’s birth, or medical effects or developmental delays during the
child’s first year of life that medically indicate prenatal exposure to a
controlled substance or the presence of a fetal alcohol spectrum disorder;
  6. medical neglect as defined by Minn. Stat. § 260C.007, Subd. 6, Clause (5);
  7. chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the
child’s basic needs and safety; or
  8. emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a
substantial and observable effect in the child’s behavior, emotional
response, or cognition that is not within the normal range for the child’s
age and stage of development, with due regard to the child’s culture.
Neglect does not include spiritual means or prayer for treatment or care of disease
where the person responsible for the child’s care in good faith has selected and
depended on those means for treatment or care of disease, except where the lack
of medical care may cause serious danger to the child’s health.

F. “Nonmaltreatment mistake” means: (1) at the time of the incident, the individual
was performing duties identified in the center’s child care program plan required
under Minn. Rules Part 9503.0045; (2) the individual has not been determined
responsible for a similar incident that resulted in a finding of maltreatment for at
least seven years; (3) the individual has not been determined to have committed a
similar nonmaltreatment mistake under this paragraph for at least four years; (4)
any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical
professional or not; and (5) except for the period when the incident occurred, the
facility and the individual providing services were both in compliance with all
licensing requirements relevant to the incident. This definition only applies to
child care centers licensed under Minn. Rules Ch. 9503.

G. “Physical abuse” means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child’s care other than by accidental
means; or any physical or mental injury that cannot reasonably be explained by
the child’s history of injuries or any aversive or deprivation procedures, or
regulated interventions, that have not been authorized by Minn. Stat. § 125A.0942
or § 245.825.
Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury.
Abuse does not include the use of reasonable force by a teacher, principal, or
school employee as allowed by Minn. Stat. § 121A.582.
Actions which are not reasonable and moderate include, but are not limited to,
any of the following: (1) throwing, kicking, burning, biting, or cutting a child; (2)
striking a child with a closed fist; (3) shaking a child under age three; (4) striking
or other actions which result in any nonaccidental injury to a child under 18
months of age; (5) unreasonable interference with a child’s breathing; (6)
threatening a child with a weapon, as defined in Minn. Stat. § 609.02, Subd. 6; (7)
striking a child under age one on the face or head; (8) striking a child who is at
least age one but under age four on the face or head, which results in an injury; (9)
purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to
control or punish the child, or giving the child other substances that substantially
affect the child’s behavior, motor coordination, or judgment or that result in
sickness or internal injury, or subject the child to medical procedures that would
be unnecessary if the child were not exposed to the substances; (10) unreasonable
physical confinement or restraint not permitted under Minn. Stat. § 609.379
including, but not limited to, tying, caging, or chaining; or (11) in a school facility
or school zone, an act by a person responsible for the child’s care that is a
violation under Minn. Stat. § 121A.58.
H. “Report” means any communication received by the local welfare agency, police
department, county sheriff, or agency responsible for child protection pursuant to
this section that describes neglect or physical or sexual abuse of a child and
contains sufficient content to identify the child and any person believed to be
responsible for the neglect or abuse, if known.

I. “School personnel” means professional employee or professional’s delegate of the
school district who provides health, educational, social, psychological, law
enforcement, or child care services.

J. “Sexual abuse” means the subjection of a child by a person responsible for the
child’s care, by a person who has a significant relationship to the child (as defined
in Minn. Stat. § 609.341, Subd. 15), or by a person in a current or recent position
of authority (as defined in Minn. Stat. § 609.341, Subd. 10) to any act which
constitutes a violation of Minnesota statutes prohibiting criminal sexual conduct.
Such acts include sexual penetration, sexual contact, solicitation of children to
engage in sexual conduct, and communication of sexually explicit materials to
children. Sexual abuse also includes any act involving a minor which constitutes
a violation of Minnesota statutes prohibiting prostitution or use of a minor in a
sexual performance. Sexual abuse includes all reports of known or suspected
child sex trafficking involving a child who is identified as a victim of sex
trafficking. Sexual abuse includes threatened sexual abuse which includes the
status of a parent or household member who has committed a violation which
requires registration under Minn. Stat. § 243.166, Subd. 1b(a) or (b) (Registration
of Predatory Offenders).

K. “Mental injury” means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the
child’s ability to function within a normal range of performance and behavior
with due regard to the child’s culture.

L. “Person responsible for the child’s care” means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as
a parent, guardian, or other person having similar care responsibilities, or (2) an
individual functioning outside the family unit and having responsibilities for the
care of the child such as a teacher, school administrator, other school employees
or agents, or other lawful custodian of a child having either full-time or short-term
care responsibilities including, but not limited to, day care, babysitting whether
paid or unpaid, counseling, teaching, and coaching.

M. “Threatened injury” means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury.
Threatened injury includes, but is not limited to, exposing a child to a person
responsible for the child’s care who has subjected the child to, or failed to protect
a child from, egregious harm, or a person whose parental rights were involuntarily
terminated, been found palpably unfit, or one from whom legal and physical
custody of a child has been involuntarily transferred to another.

IV. REPORTING PROCEDURES

A. A mandated reporter as defined herein shall immediately report the neglect or
physical or sexual abuse, which he or she knows or has reason to believe is
happening or has happened within the preceding three years, to the local welfare
agency, police department, county sheriff, tribal social services, or tribal police
department. The reporter will include his or her name and address in the report.
B. If the immediate report has been made orally, by telephone or otherwise, the oral
report shall be followed by a written report within 72 hours (exclusive of
weekends and holidays) to the appropriate police department, the county sheriff,
local welfare agency, or agency responsible for assisting or investigating
maltreatment. The written report shall identify the child, any person believed to
be responsible for the abuse or neglect of the child if the person is known, the
nature and extent of the abuse or neglect and the name and address of the reporter.

C. Regardless of whether a report is made, as soon as practicable after a school
receives information regarding an incident that may constitute maltreatment of a
child in a school facility, the school shall inform the parent, legal guardian, or
custodian of the child that an incident has occurred that may constitute
maltreatment of the child, when the incident occurred, and the nature of the
conduct that may constitute maltreatment.

D. A mandated reporter who knows or has reason to know of the deprivation of
parental rights or the kidnapping of a child shall report the information to the local
police department or the county sheriff.

E. With the exception of a health care professional or a social service professional
who is providing the woman with prenatal care or other health care services, a
mandated reporter shall immediately report to the local welfare agency if the
person knows or has reason to believe that a woman is pregnant and has used a
controlled substance for a nonmedical purpose during the pregnancy, including,
but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages
during the pregnancy in any way that is habitual or excessive.

F. A person mandated by Minnesota law and this policy to report who fails to report
may be subject to criminal penalties and/or discipline, up to and including
termination of employment.

G. Submission of a good faith report under Minnesota law and this policy will not
adversely affect the reporter’s employment, or the child’s access to school.

H. Any person who knowingly or recklessly makes a false report under the
provisions of applicable Minnesota law or this policy shall be liable in a civil suit
for any actual damages suffered by the person or persons so reported and for any
punitive damages set by the court or jury, and the reckless making of a false
report may result in discipline. The court may also award attorney’s fees.
[Note: The Minnesota Department of Education (MDE) is responsible for assessing or
investigating allegations of child maltreatment in schools. Although a report may be made to
any of the agencies listed in Section IV. A., above, and there is no requirement to file more
than one report, if the initial report is not made to MDE, it would be helpful to MDE if schools
also report to MDE.]

V. INVESTIGATION

A. The responsibility for investigating reports of suspected neglect or physical or
sexual abuse rests with the appropriate county, state, or local agency or agencies.
The agency responsible for assessing or investigating reports of child
maltreatment has the authority to interview the child, the person or persons
responsible for the child’s care, the alleged perpetrator, and any other person with
knowledge of the abuse or neglect for the purpose of gathering the facts, assessing
safety and risk to the child, and formulating a plan. The investigating agency
may interview the child at school. The interview may take place outside the
presence of a school official. The investigating agency, not the school, is
responsible for either notifying or withholding notification of the interview to the
parent, guardian or person responsible for the child’s care. School officials may
not disclose to the parent, legal custodian, or guardian the contents of the
notification or any other related information regarding the interview until notified
in writing by the local welfare or law enforcement agency that the investigation or
assessment has been concluded.

B. When the investigating agency determines that an interview should take place on
school property, written notification of intent to interview the child on school
property will be received by school officials prior to the interview. The
notification shall include the name of the child to be interviewed, the purpose of
the interview, and a reference to the statutory authority to conduct an interview on
school property.

C. Except where the alleged perpetrator is believed to be a school official or
employee, the time and place, and manner of the interview on school premises
shall be within the discretion of school officials, but the local welfare or law
enforcement agency shall have the exclusive authority to determine who may
attend the interview. The conditions as to time, place, and manner of the
interview set by the school officials shall be reasonable and the interview shall be
conducted not more than 24 hours after the receipt of the notification unless
another time is considered necessary by agreement between the school officials
and the local welfare or law enforcement agency. Every effort must be made to
reduce the disruption of the educational program of the child, other students, or
school employees when an interview is conducted on school premises.

D. Where the alleged perpetrator is believed to be a school official or employee, the
school district shall conduct its own investigation independent of MDE and, if
involved, the local welfare or law enforcement agency.

E. Upon request by MDE, the school district shall provide all requested data that are
relevant to a report of maltreatment and are in the possession of a school facility,
pursuant to an assessment or investigation of a maltreatment report of a student in
school. The school district shall provide the requested data in accordance with
the requirements of the Minnesota Government Data Practices Act, Minn. Stat.
Ch. 13, and the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.

VI. MAINTENANCE OF SCHOOL RECORDS CONCERNING ABUSE OR
POTENTIAL ABUSE

A. When a local welfare or local law enforcement agency determines that a
potentially abused or abused child should be interviewed on school property,
written notification of the agency’s intent to interview on school property must be
received by school officials prior to the interview. The notification shall include
the name of the child to be interviewed, the purpose of the interview, and a
reference to the statutory authority to conduct the interview. The notification
shall be private data. School officials may not disclose to the parent, legal
custodian, or guardian the contents of the notice or any other related information
regarding the interview until notified in writing by the local welfare or law
enforcement agency that the investigation has been concluded.

B. All records regarding a report of maltreatment, including any notification of intent
to interview which was received by the school as described above in Paragraph
A., shall be destroyed by the school only when ordered by the agency conducting
the investigation or by a court of competent jurisdiction.

VII. PHYSICAL OR SEXUAL ABUSE AS SEXUAL HARASSMENT OR VIOLENCE
Under certain circumstances, alleged physical or sexual abuse may also be sexual
harassment or violence under Minnesota law. If so, the duties relating to the reporting
and investigation of such harassment or violence may be applicable.

VIII. DISSEMINATION OF POLICY AND TRAINING

A. This policy shall appear in school personnel handbooks.

B. The school district will develop a method of discussing this policy with school
personnel.

C. This policy shall be reviewed at least annually for compliance with state law.
Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. § 121A.58 (Corporal Punishment)
Minn. Stat. § 121A.582 (Student Discipline; Reasonable Force)
Minn. Stat. § 125A.0942 (Standards for Restrictive Procedures)
Minn. Stat. § 243.166, Subd. 1b(a)(b) (Registration of Predatory
Offenders)
Minn. Stat. § 245.825 (Use of Aversive or Deprivation Procedures)
Minn. Stat. § 260C.007, Subd. 6, Clause (5) (Child in Need of Protection)
Minn. Stat. § 260C.451 (Foster Care Benefits Past Age 18)
Minn. Stat. Ch. 260D (Child in Voluntary Foster Care for Treatment)
Minn. Stat. § 609.02, Subd. 6 (Definitions – Dangerous Weapon)
Minn. Stat. § 609.341, Subd. 10 (Definitions – Position of Authority)
Minn. Stat. § 609.341, Subd. 15 (Definitions – Significant Relationship)
Minn. Stat. § 609.379 (Reasonable Force)
Minn. Stat. § 626.556 et seq. (Reporting of Maltreatment of Minors)
Minn. Stat. § 626.5561 (Reporting of Prenatal Exposure to Controlled
Substances)
20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)
Cross References: MSBA/MASA Model Policy 415 (Mandated Reporting of Maltreatment
of Vulnerable Adults)

525 CARE OF SCHOOL PROPERTY BY STUDENTS

A. Purpose

In order to maintain school property in its best condition and to protect the investment of the community in its schools, the following policy has been adopted:

1. Students shall exercise reasonable care in the use of school property. Such care shall include covering of books, use of property for intended use, not marking, defacing, or damaging school property such as desks, walls, equipment, etc., and the reporting of any vandalism to school administrators.

2. Students and their parents will be held financially responsible for damage, misuse or loss of school property. The cost to the student shall be the cost of repair or replacement. Collection of such monies shall be from the parent of, and if necessary, through the legal channels provided by law.

526 SEARCH OF STUDENT LOCKERS, DESKS, PERSONAL POSSESSIONS, AND STUDENT’S PERSON

Replacement Policy: August 13, 2008
A. Purpose

The purpose of this policy is to provide for a safe and healthful educational environment by enforcing the school district’s policies against contraband.

B. General Statement of Policy

1. Lockers and Personal Possessions Within a Locker
Pursuant to Minnesota statutes, 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 officials 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 officials 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 officials must provide notice of the search to students whose lockers were searched unless disclosure would impede an ongoing investigation by police or school officials.

2. Desks
School desks are the property of the school district. At no time does the school district relinquish its exclusive control of desks provided for the convenience of students. Inspection of the interior of desks may be conducted by school officials for any reason at any time, without notice, without student consent, and without a search warrant.

3. Personal Possessions and Student’s Person
The personal possessions of students and/or a student’s person may be searched when school officials have a reasonable suspicion that the search will uncover a violation of law or school rules. The search will be reasonable in its scope and intrusiveness.

4. It shall be a violation of this policy for students to use lockers and desks for unauthorized purposes or to store contraband. It shall be a violation for students to carry contraband on their person or in their personal possessions.

C. Definitions

1. “Contraband” means any unauthorized item possession of which is prohibited by school district policy and/or law. It includes but is not limited to weapons and “look-alikes,” alcoholic beverages, controlled substances and “look-alikes,” overdue books and other materials belonging to the school district, and stolen property.

2. “Personal possessions” includes but is not limited to purses, backpacks, bookbags, packages, and clothing.

3. “Reasonable suspicion” means that a school official has grounds to believe that the search will result in evidence of a violation of school district policy, rules, and/or law. Reasonable suspicion may be based on a school official’s personal observation, a report from a student, parent or staff member, a student’s suspicious behavior, a student’s age and past history or record of conduct both in and out of the school context, or other reliable sources of information.

4. “Reasonable scope” means that the scope and/or intrusiveness of the search is reasonably related to the objectives of the search. Factors to consider in determining what is reasonable include the seriousness of the suspected infraction, the reliability of the information, the necessity of acting without delay, the existence of exigent circumstances necessitating an immediate search and further investigation (e.g. to prevent violence, serious and immediate risk of harm or destruction of evidence), and the age of the student.

D. Procedures

1. School officials may inspect the interiors of lockers and desks for any reason at any time, without notice, without student consent, and without a search warrant.

2. School officials may inspect the personal possessions of a student and/or a student’s person based on a reasonable suspicion that the search will uncover a violation of law or school rules. A search of personal possessions of a student and/or a student’s person will be reasonable in its scope and intrusiveness.

3. As soon as practicable after a search of personal possessions within a locker pursuant to this policy, the school officials must provide notice of the search to students whose possessions were searched unless disclosure would impede an ongoing investigation by police or school officials.

4. Whenever feasible, a search of a person shall be conducted in private by a school official of the same sex. A second school official of the same sex shall be present as an observer during the search of a person whenever feasible.

5. A strip search is a search involving the removal of coverings or clothing from private areas. Mass strip searches, or body cavity searches, are prohibited. Strip searches will be conducted only in circumstances involving imminent danger.

6 A school official conducting any other search may determine when it is appropriate to have a second official present as an observer.

7. A copy of this policy will be printed in the student handbook or disseminated in any other way which school officials deem appropriate. The school district shall provide a copy of this policy to a student when the student is given use of a locker.

E. Directives and Guidelines

School administration may establish reasonable directives and guidelines which address specific needs of the school district, such as use of tape in lockers, standards of cleanliness and care, posting of pin-ups and posters which may constitute sexual harassment, etc.

F. Seizure of Contraband

If a search yields contraband, school officials will seize the item and, where appropriate, turn it over to legal officials for ultimate disposition.

G. Violations

A student found to have violated this policy and/or the directives and guidelines implementing it shall be subject to discipline in accordance with the school district’s Student Discipline Policy, which may include suspension, exclusion, or expulsion, and the student may, when appropriate, be referred to legal officials.

527 ACTIVITIES POLICY

The board of education recognizes the important role activity programs have in the development of each student. However, in order for a student to participate in any activities program, he/she must follow the rules listed in the guide.

A. Activities Related to the Minnesota State High School League

1. All school activities that are governed by the Minnesota State High School League will follow their established rules and regulations.

2. Each student who participates in a league related activity must be informed of the league rules and regulations and sign the league eligibility form.

3. A student suspended from school may not participate in a league activity or practice during that time of suspension.

4. Minnesota State High School League individual coach/activity director regulations:

a. All coaches or directors will abide by the rules established by the league. The coach or director must enforce the rules and follow their established procedure for any violation.

b. Each coach or director has the right to establish additional rules that are fair and equitable for all participants. These additional rules pertain only during the activity season and must not be in conflict with district-approved student discipline policies.

B. Activities Not Related to the High School League

1. Students participating in school activities that are not under the jurisdiction of the Minnesota State High School League rules must comply with School District 363 student disciplinary policy while under supervision of school personnel.

2. Students engaged in school social events or games as a spectator who violate the disciplinary policies of the district can be restricted from further attendance at such functions.

3. Students who are suspended, excluded or expelled from school may not participate during that period of time as an active member of any school organization.

4. Individual activity director/coach regulations for activities not related to the league: All activity directors will abide by the rules in the policy guide. The director must enforce the rules and follow the established procedure for violations.

C. Suspensions from School Activities

Parents and students have a right to be informed of any suspension from an activity. The following procedure will be followed in such notification:

1. Activities related to the Minnesota State High School League:

a. In all suspensions from a league-related activity, the parents and student will be informed in writing of the following:

i. Reason for suspension

ii. Statement of facts

iii. Statement of testimony

iv. Length of suspension

b. The principal will be responsible for compliance with this policy.

2. Activities not related to the Minnesota State High School League:

a. All suspensions from non-league related activities will be processed by the administrator who is in charge.

b. Students suspended from participation in school social events will be so notified by the administrator in charge.

c. The administrator who suspends a student from an activity as a participant or spectator shall inform the student and parent in writing of the following:

i. Reason for suspension

ii. Statement of facts

iii. Length of suspension

3. Review Procedure for Cases of Suspension

a. League related: Within one week of suspension, a student who has been suspended from a league activity may, in writing, request a hearing before the local high school league committee.

b. Non-league-related: Within one week of suspension, a student who has been suspended from a non-league related activity as either a spectator or a participant may, in writing, request that the superintendent of schools review the decision.

D. Scholastic Eligibility Requirements for Participation in Extra-Curricular Program

In order to participate in the extra-curricular program, a student must be making satisfactory academic progress toward graduation. Satisfactory academic progress is defined as the earning of an average of five credits per semester in attendance.

When the number of credits a student has earned is below this average, the student will be placed on probation for the following semester. The student will be allowed to participate in activities during the probationary period. If the credit deficiency is not corrected during the probationary period, the student is ineligible to participate in extra-curricular activities until the deficiency is corrected. Exceptions to this policy may be made if the reason for the deficiency is beyond the control of the student, such as illness, transfer, etc. Exceptions can be granted only on these grounds and only by the principal.

Any student receiving a final grade of “F” (failing) will be ineligible to participate in games (scheduled competition) but may practice with the team. Grades are reviewed at the end of the 4th week of the next grading period. If the student is passing all subject areas at that time, he/she regains his/her eligibility, on a weekly basis.

E. Guidelines for Cheerleaders

Cheerleaders at every level are an important level of support for school activities. With the appointment to cheerleading comes many responsibilities and obligations which are assumed by the students, staff, and the entire student body. Sportsmanship in all school endeavors is an ultimate requirement and shall be exemplified by the leadership expressly demonstrated in and by the cheerleading squad.

1. General Guidelines

a. Cheerleading squads shall be placed under the direction of a qualified and knowledgeable sponsor or coach.

b. All Cheerleaders shall receive proper training before attempting any form of cheerleading gymnastics (tumbling, partner stunts, pyramids).

c. Practice sessions shall be supervised by the coach and held in a location suitable for the activities of cheerleaders (i.e., use of tumbling mats; away from excessive noise and distractions).

d. Professional training in proper spotting techniques shall be mandatory for all squads.

e. All cheerleading squads should adopt a professionally developed comprehensive conditioning program.

f. A structured stretching exercise and flexibility routine shall precede and follow all practice sessions and precede all pregame activities.

g. Tumbling and partner stunts shall not be performed on wet surfaces. Tumbling, partner stunts, and pyramids shall NOT be performed on concrete.

h. Sponsors/coaches must recognize a squad’s particular ability level and must limit the squad’s activities accordingly. “Ability level” refers to the squad’s talents as a whole and individuals shall not be pressed to perform activities until safely perfected.

2. Specific Prohibitions

a. Use of the mini-tramp shall be prohibited.

b. Pyramids higher than two persons high shall be prohibited. Pyramid height is measured by body lengths (i.e., a shoulder stand is “too high”, a shoulder straddle or sit is one and one-half high, etc).

c. Split catches shall be prohibited.

d. Front and back tension drops shall be prohibited.

e. Toe pitches shall be prohibited.

f. Flips off of pyramids and partner stunts other than basket tosses and suspended rolls where the flipping person is continually holding the bases’ hands should be prohibited.

g. Suspended rolls higher than shoulder level shall be prohibited.

3. Partner Stunt and Pyramid Guidelines

a. All new partner stunt and pyramid activity shall be reviewed and approved by the coach prior to execution.

b. All pyramids and partner stunts over “two persons” high shall have a spotter in proper position. (This includes single and double based extensions).

c. Pyramids of any height performed outdoors shall not be performed on slick or concrete-like surfaces.

d. Basket tosses (both flips and jumps) shall be performed only after being approved by the advisor and when using three spotters (the two bases and an additional spotter in back) and shall not be performed on concrete or hardwood surfaces.

e. Basket tosses shall not be performed except from ground level.

f. No pyramids or partner stunts shall be performed without spotters unless they can be performed consistently without difficulty and approved by the coach.

g. Suspended rolls from shoulders must be approved by the coach and performed on mats.

4. Tumbling

a. All new tumbling activity shall be reviewed and approved by the coach prior to execution.

b. Tumbling shall not be executed on slick or concrete-like surfaces.

c. Tumbling tricks shall not be executed without the use of a spotter unless they can be performed consistently without difficulty and approved by the coach.

d. Tumbling requiring the use of a spotter shall be preceded by verbal communication of the intended trick.

e. New tumbling skills shall be mastered on a mat whenever possible. If a mat is not available – “over-spotting” should be employed. New tumbling skills shall not be learned on concrete or hardwood surfaces.

5. Tournament Participation Policy

a. “A” squad cheerleaders for basketball or hockey go to all tournament games in their respective sports and do NOT pay for bus fare or tickets.

b. Only “A” squad cheerleaders travel in their respective sports.

c. “B” squad cheerleaders cheer only at home and in their respective sports.

d. Cheerleaders are NOT allowed to “sleep in” the morning after a game (see student handbook).

6. School Policy on Overnight Travel for Cheerleaders

a. During tournaments, the cheerleaders shall stay overnight provided their advisor is present.

b. Cheerleaders must ride home with the team bus or advisor unless other arrangements are cleared in advance through the office.

c. The travel of cheerleaders to and from games shall be subject to the same expectations as any other athletic program travel.

7. School Policy Under Which Cheerleaders May Represent South Koochiching/Rainy River at Certain Out-of-Town Athletic Contests

a. Those games will be selected by the principal or assistant administrator after consulting with the cheerleader coach.

b. Cheerleaders may be authorized by the principal or administrative assistant to attend those games as cheerleaders representing our school and wearing their cheerleading uniforms, only under the following terms and conditions:

i. Transportation to and from the game must be provided by a volunteer parent or parents of one or more of the cheerleaders and those parents must agree in writing to conditions set forth by the principal.

ii. Students will not be excused from any classes for early departures or caused by late return from games.

iii. Parents must agree to properly supervise the groups and not allow smoking, drinking or other activities that are not allowed by school students on school sponsored trips.

iv. While at the site of the athletic contest, there must be a school staff member who will agree in writing to be responsible for supervision of the cheerleaders from the time they arrive at the site of the contest until the contest is over.

MSBA/MASA Model Policy 521
Orig. 1995
Rev. 2024

528      STUDENT DISABILITY NONDISCRIMINATION

[NOTE: School districts are required by statute to have a policy addressing these issues.]

I.          PURPOSE

The purpose of this policy is to protect students with disabilities from discrimination on the basis of disability and to identify and evaluate learners who, within the intent of Section 504 of the Rehabilitation Act of 1973 (Section 504), need services, accommodations, or programs in order that such learners may receive a free appropriate public education.

II.        GENERAL STATEMENT OF POLICY

A.         Students with disabilities who meet the criteria of Paragraph C. below are protected from discrimination on the basis of a disability.

B         The responsibility of the school district is to identify and evaluate learners who, within the intent of Section 504, need services, accommodations, or programs in order that such learners may receive a free appropriate public education.

C.        For this policy, a learner who is protected under Section 504 is one who:

1.         has a physical or mental impairment that substantially limits one or more of such person’s major life activities; or

2.         has a record of such an impairment; 

3.         is regarded as having such an impairment; or

4.         has an impairment that is episodic or in remission and would materially limit a major life activity when active.

[NOTE: The 2024 Minnesota legislature revised the definition of ‘disability’ in Minnesota Statutes, section 363A.03, subdivision 12]

D.        Learners may be protected from disability discrimination and be eligible for services, accommodations, or programs under the provisions of Section 504 even though they are not eligible for special education pursuant to the Individuals with Disabilities Education Act.

III.       COORDINATOR

Persons who have questions or comments should contact Superintendent Jeremy Tammi at 11731 State Hwy 1 East Northome, MN 56661 (Phone 218-897-5275 Ext 153).  This person is the school district’s Americans with Disabilities Act/Section 504 coordinator. Persons who wish to make a complaint regarding a disability discrimination matter may use the accompanying Student Disability Discrimination Grievance Report Form. The form should be given to the ADA/Section 504 coordinator.

Legal References:       Minn. Stat. § 363A.03, Subd. 12 (Definitions)

  42 U.S.C. Ch. 126 (Equal Opportunity for Individuals with Disabilities)

 29 U.S.C. § 794 et seq. (Rehabilitation Act of 1973, § 504)

 34 C.F.R. Part 104 (Section 504 Implementing Regulations)

Cross References:       MSBA/MASA Model Policy 402 (Disability Nondiscrimination)

529 SCHOOL WEAPONS POLICY

Revised: July 12, 2005
(was named: 529. -VIOLENCE PREVENTION AND WEAPONS IN SCHOOL)

A. Purpose

The purpose of this policy is to assure a safe school environment for students, staff and the public.

B. General Statement of Policy

No student or non-student, including adults and visitors, shall possess, use or distribute a weapon when in a school location except as provided in this policy. The school district will act to enforce this policy and to discipline or take appropriate action against any student, teacher, administrator, school employee, volunteer, or member of the public who violates this policy.

C. Definitions

1. “Weapon”

a. A “weapon” means any object, device or instrument designed as a weapon or through its use is capable of threatening or producing bodily harm or which may be used to inflict self-injury including, but not limited to, any firearm, whether loaded or unloaded; airguns; pellet guns; BB guns; all knives; blades; clubs; metal knuckles; numchucks; throwing stars; explosives; fireworks; mace and other propellants; stunguns; ammunition; poisons; chains; arrows; and objects that have been modified to serve as a weapon.

b. No person shall possess, use or distribute any object, device or instrument having the appearance of a weapon and such objects, devices or instruments shall be treated as weapons including, but not limited to, weapons listed above which are broken or non-functional, look-alike guns; toy guns; and any object that is a facsimile of a real weapon.

c. No person shall use articles designed for other purposes (i.e., lasers or laser pointers, belts, combs, pencils, files, scissors, etc.), to inflict bodily harm and/or intimidate and such use will be treated as the possession and use of a weapon.

2. “School Location” includes any school building or grounds, whether leased, rented, owned or controlled by the school, locations of school activities or trips, bus stops, school buses or school vehicles, school-contracted vehicles, the area of entrance or departure from school premises or events, all locations where school-related functions are conducted, and anywhere students are under the jurisdiction of the school district.

3. “Possession” means having a weapon on ones person or in an area subject to ones control in a school location.

D. Exceptions

1. A student who finds a weapon on the way to school or in a school location, or a student who discovers that he/she accidentally has a weapon in his/her possession, and takes the weapon immediately to the principal’s office shall not be considered to possess a weapon. If it would be impractical or dangerous to take the weapon to the principal’s office, a student shall not be considered to possess a weapon if he or she immediately turns the weapon over to an administrator, teacher or head coach or immediately notifies an administrator, teacher or head coach of the weapons location.

2. It shall not be a violation of this policy if a non-student falls within one of the following categories:

a. licensed peace officers, military personnel, or students or non-students participating in military training, who are on duty performing official duties;

b. persons authorized to carry a pistol under Minn. Stat., Section 624.714, while in a motor vehicle or outside of a motor vehicle for the purpose of directly placing a firearm in, or retrieving it from, the trunk or rear area of the vehicle;

c. persons who keep or store in a motor vehicle pistols in accordance with Minn. Stat., Sections 624.714 or 624.715, or other firearms in accordance with Section 97B.045;

i. Section 624.714 specifies procedures and standards for obtaining pistol permits and penalties for the failure to do so. Section 624.715 defines an exception to the pistol permit requirements for “antique firearms which are carried or possessed as curiosities or for their historical significance or value.”

ii. Section 97B.045 generally provides that a firearm may not be transported in a motor vehicle unless it is (1) unloaded and in a gun case without any portion of the firearm exposed; (2) unloaded and in the closed trunk; or (3) a handgun carried in compliance with Sections 624.714 and 624.715.

d. firearm safety or marksmanship courses or activities for students or non-students conducted on school property;

e. possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard;

f. a gun or knife show held on school property;

g. possession of dangerous weapons, BB guns, or replica firearms with written permission of the principal or other person having general control and supervision of the school or the director of a child care center; or

h. persons who are on unimproved property owned or leased by a child care center, school or school district unless the person knows that a student is currently present on the land for a school-related activity.

3. Policy Application to Instructional Equipment/Tools

While the school district takes a firm position on the possession, use or distribution of weapons by students, and a similar position with regard to non-students, such a position is not meant to interfere with instruction or the use of appropriate equipment and tools by students or non-students. Such equipment and tools, when properly possessed, used and stored, shall not be considered in violation of the rule against the possession, use or distribution of weapons. However, when authorized instructional and work equipment and tools are used in a potentially dangerous or threatening manner, such possession and use will be treated as the possession and use of a weapon.

4. Firearms in School Parking Lots and Parking Facilities

A school district may not prohibit the lawful carry or possession of firearms in a school parking lot or parking facility. For purposes of this policy, the “lawful” carry or possession of a firearm in a school parking lot or parking facility is specifically limited to non-student permit-holders authorized under Minn. Stat., Section 624.714, to carry a pistol in the interior of a vehicle or outside the motor vehicle for the purpose of directly placing a firearm in, or retrieving it from, the trunk or rear area of the vehicle. Any possession or carry of a firearm beyond the immediate vicinity of a permit-holders vehicle shall constitute a violation of this policy.

E. Consequences for Student Weapon Possession/Use/Distribution

1. The school district has taken a position regarding the possession, use or distribution of weapons by students. Consequently, the minimum consequence for students possessing, using or distributing weapons shall include:

a. immediate out-of-school suspension;

b. confiscation of the weapon;

c. immediate notification of police;

d. parent or guardian notification; and

e. recommendation to the superintendent of dismissal for a period of time not to exceed one year.

2. Pursuant to Minnesota law, a student who brings a firearm, as defined by federal law, to school will be expelled for at least one year. The school board may modify this requirement on a case-by-case basis.

3. Administrative Discretion

While the school district has taken a position on the possession, use or distribution of weapons by students, the superintendent may use discretion in determining whether, under the circumstances, a course of action other than the minimum consequences specified above is warranted. If so, other appropriate action may be taken, including consideration of a recommendation for lesser discipline.

F. Consequences for Weapon/Possession/Use/Distribution by Non-Students

1. Employees

a. An employee who violates the terms of this policy is subject to disciplinary action, including nonrenewal, suspension, or discharge as deemed appropriate by the school board.

b. Sanctions against employees, including nonrenewal, suspension, or discharge shall be pursuant to and in accordance with applicable statutory authority, collective bargaining agreements, and school district policies.

c. When an employee violates the weapons policy, law enforcement may be notified, as appropriate.

2. Other Non-Students

a. Any member of the public who violates this policy shall be informed of the policy and asked to leave the school location. Depending on the circumstances, the person may be barred from future entry to school locations. In addition, if the person is a student in another school district, that school district may be contacted concerning the policy violation.

b. If appropriate, law enforcement will be notified of the policy violation by the member of the public and may be asked to provide an escort to remove the member of the public from the school location.

G. Parent/Guardian Notification

In the case of a weapon violation or threat, it will be the policy of the district to notify the parents/guardians of a student(s) who has clearly been identified as being threatened. In all cases any notification shall be made in a manner consistent with protecting the rights of individuals under current data privacy laws.

530 HAZING PROHIBITION

Revised: March 9, 2011

A. Purpose

The purpose of this policy is to maintain a safe learning environment for students and staff that is free from hazing. Hazing activities of any type are inconsistent with the educational goals of the school district and are prohibited at all times.

B. General Statement of Policy

1. No student, teacher, administrator, volunteer, contractor or other employee of the school district shall plan, direct, encourage, aid or engage in hazing.

2. No teacher, administrator, volunteer, contractor or other employee of the school district shall permit, condone or tolerate hazing.

3. Apparent permission or consent by a person being hazed does not lessen the prohibitions contained in this policy.

4. This policy applies to behavior that occurs on or off school property and during and after school hours.

5. A person who engages in an act that violates school policy or law in order to be initiated into or affiliated with a student organization shall be subject to discipline for that act.

6. The school district will act to investigate all complaints of hazing and will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor or other employee of the school district who is found to have violated this policy.

C. Definitions

1. “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 or for any other purpose. The term hazing includes, but is not limited to:

a. Any type of physical brutality such as whipping, beating, striking, branding, electronic shocking or placing a harmful substance on the body.

b. Any type of physical activity such as sleep deprivation, exposure to weather, confinement in a restricted area, calisthenics or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.

c. Any activity involving the consumption of any alcoholic beverage, drug, tobacco product or any other food, liquid or substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.

d. Any activity that intimidates or threatens the student with ostracism, that subjects a student to extreme mental stress, embarrassment, shame or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from remaining in school.

e. Any activity that causes or requires the student to perform a task that involves violation of state or federal law or of school district policies or regulations.

2. “Student organization” means a group, club or organization having students as its primary members or participants. It includes grade levels, classes, teams, activities or particular school events. A student organization does not have to be an official school organization to come within the terms of this definition.

D. Reporting Procedures

1. Any person who believes he/she has been the victim of hazing or any person with knowledge or belief of conduct which may constitute hazing shall report the alleged acts immediately to an appropriate school district official designated by this policy.

2. The building principal, the principal’s designee, or the building supervisor (hereinafter building report taker) is the person responsible for receiving reports of hazing at the building level. Any person may report hazing directly to a school district human rights officer or to the superintendent. If the complaint involves the building report taker, the complaint shall be made or filed directly with the superintendent or the school district human rights officer by the reporting party or complainant.

3. Teachers, administrators, volunteers, contractors, and other employees of the school district shall be particularly alert to possible situations, circumstances or events which might include hazing. Any such person who receives a report of, observes or has other knowledge or belief of conduct which may constitute hazing shall inform the building report taker immediately. School district personnel who fail to inform the building report taker of conduct that may constitute hazing in a timely manner may be subject to disciplinary action.

4. Submission of a good faith complaint or report of hazing will not affect the complainant or reporter’s future employment, grades or work assignment.

5. Reports of hazing are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law. The school district will respect the privacy of the complainant(s), the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district’s legal obligations to investigate, to take appropriate action, and to comply with any discovery or disclosure obligations.

E. School District Action

1. Upon receipt of a complaint or report of hazing, the school district shall undertake or authorize an investigation by school district officials or a third party designated by the school district.

2. The school district may take immediate steps, at its discretion, to protect the complainant, reporter, students or others pending completion of an investigation of hazing.

3. Upon completion of the investigation, the school district will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline prohibited behavior. School district action taken for violation of this policy will be consistent with the requirements of applicable collective bargaining agreements, applicable statutory authority, including the MN Pupil Fair Dismissal Act, and school district policies and regulations.

4. The school district is not authorized to disclose to a victim private educational or personnel data regarding an alleged perpetrator who is a student or employee of the school district. School officials will notify the parent(s) or guardian(s) of students involved in a hazing incident and the remedial action taken, to the extent permitted by law, based on a confirmed report.

F. Reprisal

The school district will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor or other employee of the school district who retaliates against any person who makes a good faith report of alleged hazing or against any person who testifies, assists or participates in an investigation or against any person who testifies, assists or participates in a proceeding or hearing relating to such hazing. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment, or intentional disparate treatment.

G. Dissemination of Policy

1. This policy shall appear in each school’s student handbook and in the district’s teacher handbook.

2. The school district will develop a method of discussing this policy with students and employees.

531 STUDENT USE AND PARKING OF MOTOR VEHICLES; PATROLS, INSPECTIONS, AND SEARCHES

Revised Policy: August 13, 2008

A. Purpose

The purpose of this policy is to provide guidelines for use and parking of motor vehicles by students in school district locations, to maintain order and discipline in the schools and to protect the health, safety and welfare of students and school personnel.

B. General Statement of Policy

It is the policy of this school district to allow the limited use and parking of motor vehicles by students in school district locations. It is the position of the school district that a fair and equitable district-wide student motor vehicle policy will contribute to the quality of the student’s educational experience, will maintain order and discipline in the schools, and will protect the health, safety and welfare of students and school personnel. This policy applies to all students in the school district.

C. Definitions

1. “Contraband” means any unauthorized item possession of which is prohibited by school district policy and/or law. It includes but is not limited to weapons and “look-alikes,” alcoholic beverages, controlled substances and “look-alikes,” overdue books and other materials belonging to the school district, and stolen property.

2. “Reasonable suspicion” means that a school official has grounds to believe that the search will result in evidence of a violation of school district policy, rules, and/or law. Reasonable suspicion may be based on a school official’s personal observation, a report from a student, parent or staff member, a student’s suspicious behavior, a student’s age and past history or record of conduct both in and out of the school context, or other reliable sources of information.

3. “Reasonable scope” means that the scope and/or intrusiveness of the search is reasonably related to the objectives of the search. Factors to consider in determining what is reasonable include the seriousness of the suspected infraction, the reliability of the information, the necessity of acting without delay, the existence of exigent circumstances necessitating an immediate search and further investigation (e.g. to prevent violence, serious and immediate risk of harm or destruction of evidence), and the age of the student.

4. “School district location” means property that is owned, rented, leased, or borrowed by the school district for school purposes, as well as property immediately adjacent to such property that may be used for parking or gaining access to such property. A school district location also shall include off school property at any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district.

D. Student Use of Motor Vehicles in School District Locations

Students generally are not permitted to use motor vehicles during the school day in any school district location. Students may use motor vehicles on the high school campus[es] during the school day only if there is an emergency and permission has been granted to the student by the principal or his/her designee to use a motor vehicle.

E. Student Parking of Motor Vehicles In School District Locations

1. Students are permitted to park in a school district location as a matter of privilege, not of right. Students driving a motor vehicle to a high school campus may park the motor vehicle in the parking lot designated for student parking only. Students will not park vehicles in driveways, on private property, or in other designated areas.

2. When there are unauthorized vehicles parked on school district property, school officials may:

a. move the vehicle or require the driver or other person in charge of the vehicle to move it off school district property; or

b. if unattended, provide for the removal of the vehicle, at the expense of the owner or operator, to the nearest convenient garage or other place of safety off of school district property.

F. Patrols, Inspections and Searches

School officials may conduct routine patrols of school district locations and routine inspections of the exteriors of the motor vehicles of students. In addition, the interiors of motor vehicles of students in school district locations may be searched when school officials have a reasonable suspicion that the search will uncover a violation of law and/or school policy or rule.

1. Patrols and Inspections

School officials may conduct routine patrols of student parking lots and other school district locations and routine inspections of the exteriors of the motor vehicles of students. Such patrols and inspections may be conducted without notice, without student consent, and without a search warrant.

2. Search of Interior of Student Motor Vehicle

The interiors of motor vehicles of students in school district locations, including glove or trunk compartments, may be searched when school officials have a reasonable suspicion that the search will uncover a violation of law and/or school policy or rule. The search will be reasonable in its scope and intrusiveness. Such searches may be conducted without notice, without consent, and without a search warrant. A student will be subject to withdrawal of parking privileges and to discipline if the student refuses to open a locked motor vehicle under the student’s control or its compartments upon the request of a school official.

3. Prohibition of Contraband and Interference with Patrols, Inspections, Searches and/or Seizures

It shall be a violation of this policy for students to store or carry contraband in motor vehicles in a school district location or to interfere with patrols, inspections, searches and/or seizures as provided by this policy.

4. Seizure of Contraband

If a search yields contraband, school officials will seize the item and may turn it over to legal officials for ultimate disposition when appropriate.

5. Dissemination of Policy

A copy of this policy will be printed in the student handbook or disseminated in any other way which school officials deem appropriate.

G. Directives and Guidelines

The superintendent is granted authority to develop and present for school board review and approval reasonable directives and guidelines which address specific needs of the school district related to student use and parking of motor vehicles in school district locations, such as a permit system and parking regulations. Approved directives and guidelines shall be attached as an addendum to this policy.

H. Violations

A student found to have violated this policy and/or the directives and guidelines implementing it shall be subject to withdrawal of parking privileges and/or to discipline in accordance with the school district’s Student Discipline Policy, which may include suspension, exclusion, or expulsion. In addition, the student may be referred to legal officials when appropriate.

532 THE PLEDGE OF ALLEGIANCE

New Policy August 13, 2003

A. Purpose

The school board recognizes the need to provide instruction in the proper etiquette, display, and respect of the United States flag. The purpose of this policy is to provide for recitation of the pledge of allegiance and instruction in school to help further that end.

B. General Statement of Policy

All students in this school shall recite the pledge of allegiance to the flag of the United States of America first period on days school is in session for students. The recitation shall be conducted:

1. By each individual classroom teacher or the teacher’s surrogate; or

2. Over a school intercom system by a person designated by the school principal or other person having administrative control over the school.

C. Exceptions

Any student or teacher may decline to participate in recitation of the pledge of allegiance to the flag. Students must respect the choice to not recite the pledge.

D. Instruction

Students will be instructed in the proper etiquette toward, correct display of, and respect for the flag and in patriotic exercises.

533 STUDENT SURVEYS

New Policy: October 8, 2003

A. Purpose

Occasionally the school district utilizes surveys to obtain student opinions and information about students. The purpose of this policy is to establish the parameters of information that may be sought in student surveys.

B. General Statement of Policy

Student surveys may be conducted as determined necessary by the school district. Surveys, analyses and evaluations conducted as part of any program funded through the U.S. Department of Education must comply with 20 U.S.C. § 1232h.

C. Student Surveys in General

1. Student surveys will be conducted anonymously and in an indiscernible fashion. No mechanism will be used for identifying the participating student in any way. No attempt will be made in any way to identify a student survey participant. There will be no requirement that the student return the survey, and no record of the students returning a survey will be maintained.

2. The superintendent may choose not to approve any survey that seeks probing personal and/or sensitive information that could result in identifying the survey participant, or is discriminatory in nature based on age, race, color, sex, disability, religion, or national origin.

3. Surveys containing questions pertaining to the student’s or the student’s parent(s) or guardian(s) personal beliefs or practices in sex, family life, morality and religion will not be administered to any student unless the parent or guardian of the student is notified in writing that such survey is to be administered and the parent or guardian of the student gives written permission for the student to participate in such survey. Any and all documents containing the written permission of a parent for a student to participate in a survey will be maintained by the school district in a file separate from the survey responses.

4. Although the survey is conducted anonymously, potential exists for personally identifiable information to be provided in response thereto. To the extent that personally identifiable information of a student is contained in his/her responses to a survey, the school district will take appropriate steps to ensure the data is protected in accordance with Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act), 20 U.S.C. §1232g (Family Educational Rights and Privacy Act) and 34 C.F.R. Part 99.

D. Student Surveys Conducted as part of Department of Education Program

1. All instructional materials, including teachers manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any program funded in whole or in part by the U.S. Department of Education shall be available for inspection by the parents or guardians of the students.

2. No student shall be required, as part of any program funded in whole or in part by the U.S. Department of Education, without the prior consent of the student (if the student is an adult or emancipated minor) or, in the case of an unemancipated minor, without the prior written consent of the parent, to submit to a survey that reveals information concerning:

a. Political affiliations or beliefs of the student or the student’s parent;

b. Mental and psychological problems of the student or the student’s family;

c. Sex behavior or attitudes;

d. Illegal, antisocial, self-incriminating, or demeaning behavior;

e. Critical appraisals of other individuals with whom respondents have close family relationships;

f. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

g. Religious practices, affiliations, or beliefs of the student or the student’s parent; or

h. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

3. A school district that receives funds under any program funded by the U.S. Department of Education shall develop local policies consistent with Sections D.1. and D.2. concerning student privacy, parental access to information, and administration of certain physical examinations to minors.

a. The following policies are to be adopted in consultation with parents:

i. The right of a parent to inspect, on request, a survey, including an evaluation, created by a third party before the survey is administered or distributed by a school to a student, including procedures for granting a parent’s request for reasonable access to such survey within a reasonable period of time after the request is received. “Parent” means a legal guardian or other person acting in loco parentis (in place of a parent), such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child.

ii. Arrangements to protect student privacy in the event of the administration or distribution of a survey, including an evaluation, to a student which contains one or more of the items listed in Section D.2. including the right of a parent of a student to inspect, on request, any such survey.

iii. The right of a parent of a student to inspect, on request, any instructional material used as part of the educational curriculum for the student and procedures for granting a request by a parent for such access within a reasonable period of time after the request is received. “Instructional material” means instructional content that is provided to a student, regardless of format, including printed or representational materials, audiovisual materials, and materials in electronic or digital formats (i.e., materials accessible through the Internet). The term does not include academic tests or academic assessments.

iv. The administration of physical examinations or screenings that the school district may administer to a student. This provision does not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et. seq.).

v. The collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing the information to others for that purpose), including arrangements to protect student privacy that are provided by the school district in the event of such collection, disclosure, or use.

(a) “Personal information” means individually identifiable information including a student’s or parent’s first and last name; a home or other physical address (including street name and the name of the city or town); a telephone number; or a Social Security identification number.

(b) This provision does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as:

(1) college or other postsecondary education recruitment or military;

(2) book clubs, magazines, and programs providing access to low cost literary products;

(3) curriculum and instructional materials used by elementary and secondary schools;

(4) tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students, or to generate other statistically useful data for the purpose of securing such tests and assessments and the subsequent analysis and public release of the aggregate data from such tests and assessments;

(5) the sale by students of products or services to raise funds for school-related or education-related activities; and

(6) student recognition programs.

(c) The right of a parent to inspect, on request, any instrument used in the collection of information, as described in Section D.3.a., Subparagraph v., above, before the instrument is administered or distributed to a student and procedures for granting a request by a parent for reasonable access to such an instrument within a reasonable period of time after the request is received.

b. The policies adopted under Section D.3.a. shall provide for reasonable notice of the adoption or continued use of such policies directly to parents of students enrolled in or served by the school district.

i. The notice will be provided at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in a policy.

ii. The notice will provide parents with an opportunity to opt out of participation in the following activities:

(a). Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information, or otherwise providing that information to others for that purpose.

(b). The administration of any third-party survey (non-Department of Education funded) containing one or more of the items contained in Section D.2.

(c). Any nonemergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school and scheduled by the school in advance, and not necessary to protect the immediate health and safety of the student or other students. “Invasive physical examination” means any medical examination that involves the exposure of private body parts, or act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.

4. The notice will advise students of the specific or approximate dates during the school year when the activities in Section D.3.b.ii. are scheduled, or expected to be scheduled.

a. The notice provisions shall not be construed to preempt applicable provisions of state law that require parental notification and do not apply to any physical examination or screening that is permitted or required by applicable state law, including physical examinations or screenings that are permitted without parental notification.

5. The school district shall give parents and students notice of their rights under this section.

534 INTERVIEWS OF STUDENTS BY OUTSIDE AGENCIES

New Policy: March 10, 2004

A. Purpose

There are occasions in which persons other than school district officials and employees find it necessary to speak with a student during the school day. Student safety and disruption of the educational program is of concern to the school district. The purpose of this policy is to establish the procedures for access to students by authorized individuals during the school day.

B. General Statement of Policy

1. Generally, students may not be interviewed during the school day by persons other than a student’s parents, school district officials, employees and/or agents, except as otherwise provided by law and/or this policy.

2. Requests from law enforcement officers and those other than a student’s parents, school district officials, employees and/or agents to interview students shall be made through the principal’s office. Upon receiving a request, it shall be the responsibility of the principal to determine whether the request will be granted. Prior to granting a request, the principal shall attempt to contact the student’s parents to inform them of the request, except where otherwise prohibited by law.

C. Interviews, Conducted Under the Maltreatment of Minors Act

1. In the case of an investigation pursuant to the Maltreatment of Minors Act, Minn. Stat. § 626.556, Subd. 10, a local welfare agency, the agency responsible for investigating the report, and a local law enforcement agency may interview, without parental consent, an alleged victim and any minors who currently reside with or who have resided with the alleged perpetrator. The interview may take place at school and during school hours. School district officials will work with the local welfare agency, the agency responsible for investigating the report, or law enforcement agency to select a place appropriate for the interview. The interview may take place outside the presence of the perpetrator or parent, legal custodian, guardian, or school district official.

2. If the interview took place or is to take place on school district property, an order of the juvenile court pursuant to Minn. Stat. § 626.556, Subd. 10 (c) may specify that school district officials may not disclose to the parent, legal custodian, or guardian the contents of the notification of intent to interview the child on school district property and/or any other related information regarding the interview that may be a part of the child’s record. The school district official must receive a copy of the order from the local welfare or law enforcement agency.

3. When the local welfare agency, local law enforcement agency, or agency responsible for investigating a report of maltreatment determines that an interview should take place on school district property, school district officials must receive written notification of intent to interview the child on school district property prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school district property. Where the interviews are conducted by the local welfare agency, the notification must be signed by the chair of the local social services agency or the chair’s designee. The notification is private educational data on the student. School district officials may not disclose to the parent, legal custodian or guardian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded, unless a school employee or agent is alleged to have maltreated the child. Until school district officials receive said notification, all inquiries regarding the nature of the investigation or assessment should be directed to the local welfare or law enforcement agency or the agency responsible for assessing or investigating a report of
maltreatment shall be solely responsible for any disclosures regarding the nature of the assessment or investigation.

4. School district officials shall have discretion to reasonably schedule the time, place, and manner of an interview by a local welfare or local law enforcement agency on school district premises. However, where the alleged perpetrator is believed to be a school district official or employee, the local welfare or local law enforcement agency will have discretion to determine where the interview will be held. The interview must be conducted not more than 24 hours after the receipt of the notification unless another time is considered necessary by agreement between the school district officials and the local welfare or law enforcement agency. However, school district officials must yield to the discretion of the local welfare or law enforcement agency concerning other persons in attendance at the interview. School district officials will make every effort to reduce the disruption to the educational program of the child, other students, or school staff when an interview is conducted on school district premises.

5. Students shall not be taken from school district property without the consent of the principal and without proper warrant.

535 IMMUNIZATION REQUIREMENTS

New Policy: March 10, 2004Revised: November 14, 2012

I. Purpose
The purpose of this policy is to require that all students receive the proper immunizations as mandated by law to ensure the health and safety of all students.

II. General Statement of Policy
All students are required to provide proof of immunization, or appropriate documentation exempting the student from such immunization, and such other data necessary to ensure that the student is free from any communicable diseases, as a condition of enrollment.

III. Student Immunization Requirements
A. No student may be enrolled or remain enrolled, on a full-time, part-time, or shared-time basis, in any elementary or secondary school within the school district until the student or the student’s parent or guardian has submitted to the designated school district administrator the required proof of immunization. Prior to the student’s first date of attendance, the student or the student’s parent/guardian shall provide to the designated school district administrator one of the following statements:

  1. A statement, from a physician or a public clinic which provides immunizations, stating that the student received the immunizations required by law, consistent with medically acceptable standards; or

  2. A statement, from a physician or a public clinic which provides immunizations, stating that the student received the primary schedule of immunizations required by law and has commenced a schedule of the remaining required immunizations, indicating the month and year each immunization was administered, consistent with medically acceptable standards.

B. The statement of a parent/guardian of a student or an emancipated student may be substituted for the statement of a physician or public clinic which administers immunizations. If such a statement is substituted, this statement must indicate the month and year each immunization was administered. Upon request, the designated school district administrator will provide information to the parent/guardian of a student or an emancipated student of the dosages required for each vaccine according to the age of the student.

C. The parent/guardian of persons receiving instruction in a home school shall submit one of the statements set forth in Section III.A. or III.B., above, or statement of immunization set forth in Section IV., to the superintendent of the school district by October 1 of the first year of their home schooling in Minnesota and the grade 7 year.

D. When there is evidence of the presence of a communicable disease, or when required by any state or federal agency and/or state or federal law, students and/or their parents/guardians may be required to submit such other health care data as is necessary to ensure that the student has received any necessary immunizations and/or is free of any communicable diseases. No student may be enrolled or remain enrolled in any elementary or secondary school within the school district until the student or the student’s parent/guardian has submitted the required data.

E. The school district may allow a student transferring into a school a maximum of 30 days to submit a statement specified in Section C.1. or C.2., above, or Section D. Students who do not provide the appropriate proof of immunization or the required documentation related to an applicable exemption of the student from the required immunization within the specified time frames shall be excluded from school until such time as the appropriate proof of immunizations or exemption documentation has been provided.

F. If a person who is not a Minnesota resident enrolls in a school district online learning course or program that delivers instruction to the person only by computer and does not provide any teacher or instructor contact time or require classroom attendance, the person is not subject to the immunization, statement , and other requirements of this policy.

IV. Exemptions From Immunization Requirements

Students will be exempt from the foregoing immunization requirements under the following circumstances:

A. The parent/guardian of a minor student or an emancipated student submits a physician’s signed statement stating that the immunization of the student is contraindicated for medical reasons or that laboratory confirmation of the presence of adequate immunity exists; or

B. The parent/guardian of a minor student or an emancipated student submits his/her notarized statement stating the student has not been immunized because of the conscientiously held beliefs of the parent, guardian or student.

V. Notice of Immunization Requirements

A. The school district will develop and implement a procedure to:

  1. Notify parents and students of the immunization and exemption requirements by use of a form approved by the Department of Health;

  2. Notify parents and students of the consequence for failure to provide required documentation regarding immunizations;

  3. Review student health records to determine whether the required information has been provided; and

  4. Make reasonable arrangements to send a student home when the immunization requirements have not been met and advise the student and/or the student’s parent/guardian of the conditions for re-enrollment.

B. The notice provided shall contain written information describing the exemptions from immunization as permitted by law. The notice shall be in a font size at least equal to the font size and style as the immunization requirements and on the same page as the immunization requirements.

VI. Immunization Records

A. The school district will maintain a file containing the immunization records for each student in attendance at the school district for at least five years after the student attains the age of majority.

B. Upon request, the school district may exchange immunization data with persons or agencies providing services on behalf of the student. Immunization data is private student data and disclosure of such data shall be governed by Policy 515 Protection and Privacy of Pupil Records.

C. The designated school district administrator will assist a student and/or the student’s parent/guardian in the transfer of the student’s immunization file to the student’s new school within 30 days of the student’s transfer.

D. Upon request of a public or private post-secondary educational institution, the designated school district administrator will assist in the transfer of the student’s immunization file to the post-secondary educational institution.

VII. Other   

Within 60 days of the commencement of each new school term, the school district will forward a report to the Commissioner of the Department of Education stating the number of students attending each school in the school district, including the number of students receiving instruction in a home school, the number of students who have not been immunized, and the number of students who received an exemption. The school district also will forward a copy of all exemption statements received by the school district to the Commissioner of the Department of Health.

MSBA/MASA Model Policy 532
Orig. 2003
Rev. 2024

536      USE OF PEACE OFFICERS AND CRISIS TEAMS TO REMOVE STUDENTS WITH IEPs FROM SCHOOL GROUNDS 

[NOTE: School districts are required by statute to have a policy addressing these issues.]

1.          PURPOSE

The purpose of this policy is to describe the appropriate use of peace officers and crisis teams to remove, if necessary, a student with an individualized education program (IEP) from school grounds. 

1.        GENERAL STATEMENT OF POLICY

The school district is committed to promoting learning environments that are safe for all members of the school community.  It further believes that students are the first priority and that they should be reasonably protected from physical or emotional harm at all school locations and during all school activities.

In general, all students, including those with IEPs, are subject to the terms of the school district’s discipline policy. Building level administrators have the leadership responsibility to maintain a safe, secure, and orderly educational environment within which learning can occur.  Corrective action to discipline a student and/or modify a student’s behavior will be taken by staff when a student’s behavior violates the school district’s discipline policy.

If a student with an IEP engages in conduct which, in the judgment of school personnel, endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, that student may be removed from school grounds in accordance with this policy.

III.       DEFINITIONS

For purposes of this policy, the following terms have the meaning given them in this section:

1.     “Crisis team” means a group of persons, which may include teachers and non-teaching school personnel, selected by the building administrator in each school building who have received crisis intervention training and are responsible for becoming actively involved with resolving crises.  The building administrator or designee shall serve as the leader of the crisis team. 
2.      “Emergency” means a situation where immediate intervention is needed to protect a child or other individual from physical injury.
3.       “Peace officer” means an employee or an elected or appointed official of a political subdivision or law enforcement agency who is licensed by the Board of Peace Officer Standards and Training, charged with the prevention and detection of crime and the enforcement of general criminal laws of the state and who has the full power of arrest.  The term “peace officer” includes a person who serves as a sheriff, a deputy sheriff, a police officer, or a state patrol trooper.
4.       “Physical holding” means physical intervention intended to hold a child immobile or limit a child’s movement, where body contact is the only source of physical restraint, and where immobilization is used to effectively gain control of a child in order to protect a child or other individual from physical injury.

[NOTE: This definition is added to provide clarity for discussion of physical holds later in this policy and in light of recent Minnesota legislative action.]

1.       The phrase “remove the student from school grounds” is the act of securing the person of a student with an IEP and escorting that student from the school building or school activity at which the student with an IEP is located.
2.       “School Resource Officer” means a peace officer who is assigned to work in an elementary school, middle school, or secondary school during the regular instructional school day as one of the officer’s regular responsibilities through the terms of a contract entered between the peace officer’s employer and the designated school district or charter school.

[NOTE: The 2024 Minnesota legislature enacted this definition of “school resource officer.” MSBA deleted the definition of “police liaison officer” as part of this change. School districts should use the term that reflects their local circumstances.]

1.        “Student with an IEP” or “the student” means a student who is eligible to receive special education and related services pursuant to the terms of an IEP or an individual interagency intervention plan (IIIP).
2.        All other terms and phrases used in this policy shall be defined in accordance with applicable state and federal law or ordinary and customary usage.
3.       REMOVAL OF STUDENTS WITH IEPs FROM SCHOOL GROUNDS 
4.        Removal By Crisis Team

If the behavior of a student with an IEP escalates to the point where the student’s behavior endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, the school building’s crisis team may be summoned.   The crisis team may attempt to de-escalate the student’s behavior by means including, but not limited to, those described in the student’s IEP and/or behavior intervention plan.  When such measures fail, or when the crisis team determines that the student’s behavior continues to endanger or may endanger the health, safety, or property of the student, other students, staff members, or school property, the crisis team may remove the student from school grounds.

                    If the student’s behavior cannot be safely managed, school personnel may immediately request assistance from the school resource officer or a peace officer.

1.        Removal By School Resource Officer or Peace Officer

                   If a student with an IEP engages in conduct which endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, the school building’s crisis team, building administrator, or the building administrator’s designee, may request that the school resource officer or a peace officer remove the student from school grounds.

                    If a student with an IEP is restrained or removed from a classroom, school building, or school grounds by a peace officer at the request of a school administrator or school staff person during the school day twice in a 30-day period, the student’s IEP team must meet to determine if the student’s IEP is adequate or if additional evaluation is needed.

                  Whether or not a student with an IEP engages in conduct which endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, school district personnel may report a crime committed by a student with an IEP to appropriate authorities.   If the school district reports a crime committed by a student with an IEP, school personnel shall transmit copies of the special education and disciplinary records of the student for consideration by appropriate authorities to whom it reports the crime, to the extent that the transmission is permitted by the Family Education Rights and Privacy Act (FERPA), the Minnesota Government Data Practices Act, and school district’s policy, Protection and Privacy of Pupil Records.

                      [NOTE:  If the school district uses a different reference name for its student records policy, insert that name in place of the reference to Protection and Privacy of Pupil Records, which is the title of MSBA/MASA Model Policy 515.]

                      The fact that a student with an IEP is covered by special education law does not prevent state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a student with an IEP.

1.        Reasonable Force Permitted
2.          In removing a student with an IEP from school grounds, a building administrator, other crisis team members, or the school resource officer or            other agents of the school district, whether or not members of a crisis team, may use reasonable force when it is necessary under the                        circumstances to correct or restrain a student or prevent bodily harm or death to another.
3.         In removing a student with an IEP from school grounds, school resource officers and school district personnel are further prohibited from                   engaging in the following conduct:
4.         Corporal punishment prohibited by Minnesota Statutes section 121A.58;
5.         Requiring a child to assume and maintain a specified physical position, activity, or posture that induces physical pain;
6.         Totally or partially restricting a child’s senses as punishment;
7.       Denying or restricting a child’s access to equipment and devices such as walkers, wheelchairs, hearing aids, and communication boards that facilitate the child’s functioning except when temporarily removing the equipment or device is needed to prevent injury to the child or others or serious damage to the equipment or device, in which case the equipment or device shall be returned to the child as soon as possible;
8.         Interacting with a child in a manner that constitutes sexual abuse, neglect, or physical abuse under Minnesota Statutes Chapter 260E;
9.        Physical holding (as defined above and in Minnesota Statutes section 125A.0941) that restricts or impairs a child’s ability to breathe, restricts or impairs a child’s ability to communicate distress, places pressure or weight on a child’s head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child’s torso;
10.         Withholding regularly scheduled meals or water; and/or
11.         Denying a child access to toilet facilities.
12.      Any reasonable force used under Minnesota Statutes, sections 121A.582; 609.06, subdivision 1; and 609.379 which intends to hold a child immobile or limit a child’s movement where body contact is the only source of physical restraint or confines a child alone in a room from which egress is barred shall be reported to the Minnesota Department of Education as a restrictive procedure, including physical holding or seclusion used by an unauthorized or untrained staff person.
13.        Parental Notification

The building administrator or designee shall make reasonable efforts to notify the student’s parent or guardian of the student’s removal from school grounds as soon as possible following the removal.

1.        Continued Removals; Review of IEP

                        Continued and repeated use of the removal process described herein must be reviewed in the development of the individual student’s IEP or IIIP.

1.        Effect of Policy in an Emergency; Use of Restrictive Procedures

                       A student with an IEP may be removed in accordance with this policy regardless of whether the student’s conduct would create an emergency.

                    If the school district seeks to remove a student with an IEP from school grounds under this policy due to behaviors that constitute an emergency and the student’s IEP, IIIP, or behavior intervention plan authorizes the use of one or more restrictive procedures, the crisis team may employ those restrictive procedures, in addition to any reasonable force that may be necessary, to facilitate the student’s removal from school grounds, as long as the crisis team members who are implementing the restrictive procedures have received the training required by Minnesota Statutes, section 125A.0942, subdivision 5, and otherwise comply with the requirements of section 125A.0942.

1.        Reporting to the Minnesota Department of Education (MDE)

                 Annually, stakeholders may recommend, as necessary, to the Commissioner of MDE (Commissioner) specific and measurable implementation and outcome goals for reducing the use of restrictive procedures.   The Commissioner must submit to the Legislature a report on districts’ progress in reducing the use of restrictive procedures that recommends how to further reduce these procedures and eliminate the use of seclusion.   By January 15, April 15, July 15, and October 15 of each year, districts must report, in a form and manner determined by the Commissioner, about individual students who have been secluded.  By July 15 each year, districts must report summary data. The summary data must include information on the use of restrictive procedures for the prior school year, July 1 through June 30, including the use of reasonable force by school personnel that is consistent with the definition of physical holding or seclusion of a child with a disability.

Legal References:      Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)

Minn. Stat. §§ 121A.40-121A.56 (Minnesota Pupil Fair Dismissal Act)

                                  Minn. Stat. § 121A.582 (Student Discipline; Reasonable Force)

Minn. Stat. § 121A.61 (Discipline and Removal of Students from Class)

Minn. Stat. § 121A.67 (Removal by Police Officer)

Minn. Stat. §§ 125A.094-125A.0942 (Restrictive Procedures for Children with Disabilities)

Minn. Stat. § 609.06 (Authorized Use of Force)

Minn. Stat. § 609.379 (Permitted Actions)

Minn. Stat. § 626.8482 (School Resource Officers; Duties; Training; Model Policy)

20 U.S.C. § 1232g et seq. (Family Educational Rights and Privacy (FERPA))

20 U.S.C. § 1415(k)(6) (Individuals with Disabilities Education Act)

34 C.F.R. § 300.535 (Referral to and Action by Law Enforcement and Judicial Authorities)

Cross References:      MSBA/MASA Model Policy 506 (Student Discipline)

MSBA/MASA Model Policy 507 (Corporal Punishment)

MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)

MSBA/MASA Model Policy 525 (Violence Prevention)

MSBA/MASA Model Policy 806 (Crisis Management Policy)

537 WELLNESS

Adopted: August 9, 2006
Revised: August 12, 2020

I. PURPOSE
The purpose of this policy is to set forth methods that promote student wellness, prevent and reduce childhood obesity, and assure that school meals and other food and beverages sold and otherwise made available on the school campus during the school day are consistent with applicable minimum local, state, and federal standards.

II. GENERAL STATEMENT OF POLICY
A. The school board recognizes that nutrition promotion and education, physical activity, and other school-based activities that promote student wellness are essential components of the educational process and that good health fosters student attendance and learning.

B. The school environment should promote students’ health, well-being, and ability to learn by encouraging healthy eating and physical activity.

C. The school district encourages the involvement of parents, students, representatives of the school food authority, teachers, school health professionals, the school board, school administrators, and the general public in the development, implementation, and periodic review and update of the school district’s wellness policy.

D. Children need access to healthy foods and opportunities to be physically active in order to grow, learn, and thrive.

E. All students in grades K-12 will have opportunities, support, and encouragement to be physically active on a regular basis.

F. Qualified food service personnel will provide students with access to a variety of affordable, nutritious, and appealing foods that meet the health and nutrition needs of students; try to accommodate the religious, ethnic, and cultural diversity of the student body in meal planning; and will provide clean, safe, and pleasant settings and adequate time for students to eat.

III. WELLNESS GOALS
A. Nutrition Promotion and Education

  1. The school district will encourage and support healthy eating by students and engage in nutrition promotion that is:

     a. offered as part of a comprehensive program designed to provide students with the knowledge and skills necessary to promote and protect their health;

     b. part of health education classes, as well as classroom instruction in subjects such as math, science, language arts, social sciences, and elective subjects, where appropriate; and

     c. enjoyable, developmentally appropriate, culturally relevant, and includes participatory activities, such as contests, promotions, taste testing, and field trips.

  2. The school district will encourage all students to make age appropriate, healthy selections of foods and beverages, including those sold individually outside the reimbursable school meal programs, such as through a la carte/snack lines, vending machines, fundraising events, concession stands, and student stores.

B. Physical Activity

  1. Students need opportunities for physical activity and to fully embrace regular physical activity as a personal behavior. Toward that end, health and physical education will reinforce the knowledge and self-management skills needed to maintain a healthy lifestyle and reduce sedentary activities, such as watching television;

  2. Opportunities for physical activity will be incorporated into other subject lessons, where appropriate; and

  3. Classroom teachers will provide short physical activity breaks between lessons or classes, as appropriate.

C. Communications with Parents

  1. The school district recognizes that parents and guardians have a primary role in promoting their children’s health and well-being.

  2. The school district will support parents’ efforts to provide a healthy diet and daily physical activity for their children.

  3. The school district encourages parents to pack healthy lunches and snacks and refrain from including beverages and foods without nutritional value.

  4. The school district will provide information about physical education and other school-based physical activity opportunities and will support parents’ efforts to provide their children with opportunities to be physically active outside of school.

IV. STANDARDS AND NUTRITION GUIDELINES

A. School Meals

  1. The school district will provide healthy and safe school meal programs that comply with all applicable federal, state, and local laws, rules, and regulations.

  2. Food service personnel will provide students with access to a variety of affordable, nutritious, and appealing foods that meet the health and nutrition needs of students.

  3. Food service personnel will try to accommodate the religious, ethnic, and cultural diversity of the student body in meal planning.

  4. Food service personnel will provide clean, safe, and pleasant settings and adequate time for students to eat.

  5. Food service personnel will take every measure to ensure that student access to foods and beverages meets or exceeds all applicable federal, state, and local laws, rules, and regulations and that reimbursable school meals meet USDA nutrition standards.

  6. Food service personnel shall adhere to all applicable federal, state, and local food safety and security guidelines.

  7. The school district will make every effort to eliminate any social stigma attached to, and prevent the overt identification of, students who are eligible for free and reduced-price school meals.

  8. The school district will provide students access to hand washing or hand sanitizing before they eat meals or snacks.

  9. The school district will make every effort to provide students with sufficient time to eat after sitting down for school meals and will schedule meal periods at appropriate times during the school day.

  10. The school district will discourage tutoring, club, or organizational meetings or activities during mealtimes unless students may eat during such activities.

B. School Food Service Program/Personnel

  1. The school district shall designate an appropriate person to be responsible for the school district’s food service program, whose duties shall include the creation of nutrition guidelines and procedures for the selection of foods and beverages made available on campus to ensure food and beverage choices are consistent with current USDA guidelines.

  2. As part of the school district’s responsibility to operate a food service program, the school district will provide continuing professional development for all food service personnel in schools.

C. Competitive Foods and Beverages

  1. All foods and beverages  sold on school grounds to students, outside of reimbursable meals, are considered “competitive foods.” Competitive foods include items sold a la carte in the cafeteria, from vending machines, school stores, and for in-school fundraisers.

  2. All competitive foods will meet the USDA Smart Snacks in School (Smart Snacks) nutrition standards and any applicable state nutrition standards, at a minimum. Smart Snacks aim to improve student health and well-being, increase consumption of healthful foods during the school day, and create an environment that reinforces the development of healthy eating habits.

  3. Before and Aftercare (child care) programs must also comply with the school district’s nutrition standards unless they are reimbursable under USDA school meals program, in which case they must comply with all applicable USDA standards.

D. Other Foods and Beverages Made Available to Students

  1. Student wellness will be a consideration for all foods offered, but not sold, to students on the school campus, including those foods provided through:

     a. Celebrations and parties. The school district will provide a list of healthy party ideas to parents and teachers, including non-food celebration ideas.

     b. Classroom snacks brought by parents. The school district will provide to parents a list of suggested foods and beverages that meet Smart Snacks nutrition standards.

  2. Rewards and incentives. Schools will not use foods or beverages as rewards for academic performance or good behavior (unless this practice is allowed by a student’s individual education plan or behavior intervention plan) and will not withhold food or beverages as punishment.

  3. Fundraising. The school district will make available to parents and teachers a list of suggested healthy fundraising ideas.

E. Food and Beverage Marketing in Schools

  1. School-based marketing will be consistent with nutrition education and health promotion.

  2. Schools will restrict food and beverages marketing to the promotion of only those foods and beverages that meet the Smart Snacks nutrition standards.

V. WELLNESS LEADERSHIP AND COMMUNITY INVOLVEMENT

A. Wellness Coordinator

  1. The superintendent will designate a school district official to oversee the school district’s wellness-related activities (Wellness Coordinator). The Wellness Coordinator will ensure that each school implements the policy.

  2. The principal of each school, or a designated school official, will ensure compliance within the school and will report to the Wellness Coordinator regarding compliance matters upon request.

B. Public Involvement

  1. The Wellness Coordinator will permit parents, students, representatives of the school food authority, teachers of physical education, school health professionals, the school board, school administrators, and the general public to participate in the development, implementation, and periodic review and update of the wellness policy.

  2. The Wellness Coordinator will hold meetings, from time to time, for the purpose of discussing the development, implementation, and periodic review and update of the wellness policy. All meeting dates and times will be posted on the school district’s website and will be open to the public.

VI. POLICY IMPLEMENTATION AND MONITORING

A. Implementation and Publication

  1. After approval by the school board, the wellness policy will be implemented throughout the school district.

  2. The school district will post its wellness policy on its website, to the extent it maintains a website.

B. Annual Reporting

The Wellness Coordinator will annually inform the public about the content and implementation of the wellness policy and make the policy and any updates to the policy available to the public.

C. Triennial Assessment

  1. At least once every three years, the school district will evaluate compliance with the wellness policy to assess the implementation of the policy and create a report that includes the following information:

     a. the extent to which schools under the jurisdiction of the school district are in compliance with the wellness policy;

     b. the extent to which the school district’s wellness policy compares to model local wellness policies; and

     c. a description of the progress made in attaining the goals of the school district’s wellness policy.

  2. The Wellness Coordinator will be responsible for conducting the triennial assessment.

  3. The triennial assessment report shall be posted on the school district’s website or otherwise made available to the public.

D. Recordkeeping

The school district will retain records to document compliance with the requirements of the wellness policy. The records to be retained include, but are not limited to:

  1. The school district’s written wellness policy.

  2. Documentation demonstrating compliance with community involvement requirements, including requirements to make the local school wellness policy and triennial assessments available to the public.

  3. Documentation of the triennial assessment of the local school wellness policy for each school under the school district’s jurisdiction efforts to review and update the wellness policy (including an indication of who is involved in the update and methods the school district uses to make stakeholders aware of their ability to participate on the Wellness Committee).

Adopted: June 2007
Revised: September 8, 2021

538 BULLYING PROHIBITION POLICY
[Note: School districts are required by statute to have a policy addressing bullying.]

I. PURPOSE

A safe and civil environment is needed for students to learn and attain high academic
standards and to promote healthy human relationships. Bullying, like other violent or
disruptive behavior, is conduct that interferes with a student’s ability to learn and/or a
teacher’s ability to educate students in a safe environment. The school district cannot
monitor the activities of students at all times and eliminate all incidents of bullying
between students, particularly when students are not under the direct supervision of
school personnel. However, to the extent such conduct affects the educational
environment of the school district and the rights and welfare of its students and is within
the control of the school district in its normal operations, the school district intends to
prevent bullying and to take action to investigate, respond to, and to remediate and
discipline for those acts of bullying which have not been successfully prevented. The
purpose of this policy is to assist the school district in its goal of preventing and
responding to acts of bullying, intimidation, violence, reprisal, retaliation, and other
similar disruptive and detrimental behavior.

II. GENERAL STATEMENT OF POLICY

A. An act of bullying, by either an individual student or a group of students, is
expressly prohibited on school premises, on school district property, at school
functions or activities, or on school transportation. This policy applies not only
to students who directly engage in an act of bullying but also to students who, by
their indirect behavior, condone or support another student’s act of bullying.
This policy also applies to any student whose conduct at any time or in any place
constitutes bullying or other prohibited conduct that interferes with or obstructs
the mission or operations of the school district or the safety or welfare of the
student or other students, or materially and substantially interferes with a
student’s educational opportunities or performance or ability to participate in
school functions or activities or receive school benefits, services, or privileges.
This policy also applies to an act of cyberbullying regardless of whether such act
is committed on or off school district property and/or with or without the use of
school district resources.

B. No teacher, administrator, volunteer, contractor, or other employee of the school
district shall permit, condone, or tolerate bullying.

C. Apparent permission or consent by a student being bullied does not lessen or
negate the prohibitions contained in this policy.

D. Retaliation against a victim, good faith reporter, or a witness of bullying is
prohibited.

E. False accusations or reports of bullying against another student are prohibited.

F. A person who engages in an act of bullying, reprisal, retaliation, or false reporting
of bullying or permits, condones, or tolerates bullying shall be subject to
discipline or other remedial responses for that act in accordance with the school
district’s policies and procedures, including the school district’s discipline policy
(See MSBA/MASA Model Policy 506). The school district may take into
account the following factors:
  1. The developmental ages and maturity levels of the parties involved;
  2. The levels of harm, surrounding circumstances, and nature of the
behavior;
  3. Past incidences or past or continuing patterns of behavior;
  4. The relationship between the parties involved; and
  5. The context in which the alleged incidents occurred.
Consequences for students who commit prohibited acts of bullying may range
from remedial responses or positive behavioral interventions up to and including
suspension and/or expulsion. The school district shall employ research-based
developmentally appropriate best practices that include preventative and remedial
measures and effective discipline for deterring violations of this policy, apply
throughout the school district, and foster student, parent, and community
participation.
Consequences for employees who permit, condone, or tolerate bullying or engage
in an act of reprisal or intentional false reporting of bullying may result in
disciplinary action up to and including termination or discharge.
Consequences for other individuals engaging in prohibited acts of bullying may
include, but not be limited to, exclusion from school district property and events.

G. The school district will act to investigate all complaints of bullying reported to the
school district and will discipline or take appropriate action against any student,
teacher, administrator, volunteer, contractor, or other employee of the school
district who is found to have violated this policy.

III. DEFINITIONS
For purposes of this policy, the definitions included in this section apply.

A. “Bullying” means intimidating, threatening, abusive, or harming conduct that is
objectively offensive and:
  1. an actual or perceived imbalance of power exists between the student
engaging in the prohibited conduct and the target of the prohibited
conduct, and the conduct is repeated or forms a pattern; or
  2. materially and substantially interferes with a student’s educational
opportunities or performance or ability to participate in school functions or
activities or receive school benefits, services, or privileges.
The term, “bullying,” specifically includes cyberbullying as defined in this policy.

B. “Cyberbullying” means bullying using technology or other electronic
communication, including, but not limited to, a transfer of a sign, signal, writing,
image, sound, or data, including a post on a social network Internet website or
forum, transmitted through a computer, cell phone, or other electronic device.
The term applies to prohibited conduct which occurs on school premises, on
school district property, at school functions or activities, on school transportation,
or on school computers, networks, forums, and mailing lists, or off school
premises to the extent that it substantially and materially disrupts student learning
or the school environment.

C. “Immediately” means as soon as possible but in no event longer than 24 hours.

D. “Intimidating, threatening, abusive, or harming conduct” means, but is not limited
to, conduct that does the following:
  1. Causes physical harm to a student or a student’s property or causes a
student to be in reasonable fear of harm to person or property;
  2. Under Minnesota common law, violates a student’s reasonable expectation
of privacy, defames a student, or constitutes intentional infliction of
emotional distress against a student; or
  3. Is directed at any student or students, including those based on a person’s
actual or perceived race, ethnicity, color, creed, religion, national origin,
immigration status, sex, marital status, familial status, socioeconomic
status, physical appearance, sexual orientation including gender identity
and expression, academic status related to student performance, disability,
or status with regard to public assistance, age, or any additional
characteristic defined in the Minnesota Human Rights Act (MHRA).
However, prohibited conduct need not be based on any particular
characteristic defined in this paragraph or the MHRA.

E. “On school premises, on school district property, at school functions or activities,
or on school transportation” means all school district buildings, school grounds,
and school property or property immediately adjacent to school grounds, school
bus stops, school buses, school vehicles, school contracted vehicles, or any other
vehicles approved for school district purposes, the area of entrance or departure
from school grounds, premises, or events, and all school-related functions,
school-sponsored activities, events, or trips. School district property also may
mean a student’s walking route to or from school for purposes of attending school
or school-related functions, activities, or events. While prohibiting bullying at
these locations and events, the school district does not represent that it will
provide supervision or assume liability at these locations and events.

F. “Prohibited conduct” means bullying or cyberbullying as defined in this policy or
retaliation or reprisal for asserting, alleging, reporting, or providing information
about such conduct or knowingly making a false report about bullying.

G. “Remedial response” means a measure to stop and correct prohibited conduct,
prevent prohibited conduct from recurring, and protect, support, and intervene on
behalf of a student who is the target or victim of prohibited conduct.

H. “Student” means a student enrolled in a public school or a charter school.

IV. REPORTING PROCEDURE

A. Any person who believes he or she has been the target or victim of bullying or
any person with knowledge or belief of conduct that may constitute bullying or
prohibited conduct under this policy shall report the alleged acts immediately to
an appropriate school district official designated by this policy. A person may
report bullying anonymously. However, the school district may not rely solely
on an anonymous report to determine discipline or other remedial responses.

B. The school district encourages the reporting party or complainant to use the report
form available from the principal or building supervisor of each building or
available in the school district office, but oral reports shall be considered
complaints as well.

C. The building principal, the principal’s designee, or the building supervisor
(hereinafter the “building report taker”) is the person responsible for receiving
reports of bullying or other prohibited conduct at the building level. Any person
may report bullying or other prohibited conduct directly to a school district human
rights officer or the superintendent. If the complaint involves the building report
taker, the complaint shall be made or filed directly with the superintendent or the
school district human rights officer by the reporting party or complainant.
The building report taker shall ensure that this policy and its procedures,
practices, consequences, and sanctions are fairly and fully implemented and shall
serve as the primary contact on policy and procedural matters. The building
report taker or a third party designated by the school district shall be responsible
for the investigation. The building report taker shall provide information about
available community resources to the target or victim of the bullying or other
prohibited conduct, the perpetrator, and other affected individuals as appropriate.

D. A teacher, school administrator, volunteer, contractor, or other school employee
shall be particularly alert to possible situations, circumstances, or events that
might include bullying. Any such person who witnesses, observes, receives a
report of, or has other knowledge or belief of conduct that may constitute bullying
or other prohibited conduct shall make reasonable efforts to address and resolve
the bullying or prohibited conduct and shall inform the building report taker
immediately. School district personnel who fail to inform the building report
taker of conduct that may constitute bullying or other prohibited conduct or who
fail to make reasonable efforts to address and resolve the bullying or prohibited
conduct in a timely manner may be subject to disciplinary action.

E. Reports of bullying or other prohibited conduct are classified as private
educational and/or personnel data and/or confidential investigative data and will
not be disclosed except as permitted by law. The building report taker, in
conjunction with the responsible authority, shall be responsible for keeping and
regulating access to any report of bullying and the record of any resulting
investigation.

F. Submission of a good faith complaint or report of bullying or other prohibited
conduct will not affect the complainant’s or reporter’s future employment, grades,
work assignments, or educational or work environment.

G. The school district will respect the privacy of the complainant(s), the individual(s)
against whom the complaint is filed, and the witnesses as much as possible,
consistent with the school district’s obligation to investigate, take appropriate
action, and comply with any legal disclosure obligations.

V. SCHOOL DISTRICT ACTION

A. Within three days of the receipt of a complaint or report of bullying or other
prohibited conduct, the school district shall undertake or authorize an
investigation by the building report taker or a third party designated by the school
district.

B. The building report taker or other appropriate school district officials may take
immediate steps, at their discretion, to protect the target or victim of the bullying
or other prohibited conduct, the complainant, the reporter, and students or others,
pending completion of an investigation of the bullying or other prohibited
conduct, consistent with applicable law.

C. The alleged perpetrator of the bullying or other prohibited conduct shall be
allowed the opportunity to present a defense during the investigation or prior to
the imposition of discipline or other remedial responses.

D. Upon completion of an investigation that determines that bullying or other
prohibited conduct has occurred, the school district will take appropriate action.
Such action may include, but is not limited to, warning, suspension, exclusion,
expulsion, transfer, remediation, termination, or discharge. Disciplinary
consequences will be sufficiently severe to try to deter violations and to
appropriately discipline prohibited conduct. Remedial responses to the bullying
or other prohibited conduct shall be tailored to the particular incident and nature
of the conduct and shall take into account the factors specified in Section II.F. of
this policy. School district action taken for violation of this policy will be
consistent with the requirements of applicable collective bargaining agreements;
applicable statutory authority, including the Minnesota Pupil Fair Dismissal Act;
the student discipline policy (See MSBA/MASA Model Policy 506) and other
applicable school district policies; and applicable regulations.

E. The school district is not authorized to disclose to a victim private educational or
personnel data regarding an alleged perpetrator who is a student or employee of
the school district. School officials will notify the parent(s) or guardian(s) of
students who are targets of bullying or other prohibited conduct and the parent(s)
or guardian(s) of alleged perpetrators of bullying or other prohibited conduct who
have been involved in a reported and confirmed bullying incident of the remedial
or disciplinary action taken, to the extent permitted by law.

F. In order to prevent or respond to bullying or other prohibited conduct committed
by or directed against a child with a disability, the school district shall, when
determined appropriate by the child’s individualized education program (IEP)
team or Section 504 team, allow the child’s IEP or Section 504 plan to be drafted
to address the skills and proficiencies the child needs as a result of the child’s
disability to allow the child to respond to or not to engage in bullying or other
prohibited conduct.

VI. RETALIATION OR REPRISAL
The school district will discipline or take appropriate action against any student, teacher,
administrator, volunteer, contractor, or other employee of the school district who
commits an act of reprisal or who retaliates against any person who asserts, alleges, or
makes a good faith report of alleged bullying or prohibited conduct, who provides
information about bullying or prohibited conduct, who testifies, assists, or participates in
an investigation of alleged bullying or prohibited conduct, or who testifies, assists, or
participates in a proceeding or hearing relating to such bullying or prohibited conduct.
Retaliation includes, but is not limited to, any form of intimidation, reprisal, harassment,
or intentional disparate treatment. Disciplinary consequences will be sufficiently severe
to deter violations and to appropriately discipline the individual(s) who engaged in the
prohibited conduct. Remedial responses to the prohibited conduct shall be tailored to the
particular incident and nature of the conduct and shall take into account the factors
specified in Section II.F. of this policy.

VII. TRAINING AND EDUCATION

A. The school district shall discuss this policy with school personnel and volunteers
and provide appropriate training to school district personnel regarding this policy.
The school district shall establish a training cycle for school personnel to occur
during a period not to exceed every three school years. Newly employed school
personnel must receive the training within the first year of their employment with
the school district. The school district or a school administrator may accelerate
the training cycle or provide additional training based on a particular need or
circumstance. This policy shall be included in employee handbooks, training
materials, and publications on school rules, procedures, and standards of conduct,
which materials shall also be used to publicize this policy.

B. The school district shall require ongoing professional development, consistent
with Minn. Stat. § 122A.60, to build the skills of all school personnel who
regularly interact with students to identify, prevent, and appropriately address
bullying and other prohibited conduct. Such professional development includes,
but is not limited to, the following:
  1. Developmentally appropriate strategies both to prevent and to immediately
and effectively intervene to stop prohibited conduct;
  2. The complex dynamics affecting a perpetrator, target, and witnesses to
prohibited conduct;
  3. Research on prohibited conduct, including specific categories of students
at risk for perpetrating or being the target or victim of bullying or other
prohibited conduct in school;
  4. The incidence and nature of cyberbullying; and
  5. Internet safety and cyberbullying.

C. The school district annually will provide education and information to students
regarding bullying, including information regarding this school district policy
prohibiting bullying, the harmful effects of bullying, and other applicable
initiatives to prevent bullying and other prohibited conduct.

D. The administration of the school district is directed to implement programs and
other initiatives to prevent bullying, to respond to bullying in a manner that does
not stigmatize the target or victim, and to make resources or referrals to resources
available to targets or victims of bullying.

E. The administration is encouraged to provide developmentally appropriate
instruction and is directed to review programmatic instruction to determine if
adjustments are necessary to help students identify and prevent or reduce bullying
and other prohibited conduct, to value diversity in school and society, to develop
and improve students’ knowledge and skills for solving problems, managing
conflict, engaging in civil discourse, and recognizing, responding to, and
reporting bullying or other prohibited conduct, and to make effective prevention
and intervention programs available to students.
The administration must establish strategies for creating a positive school climate
and use evidence-based social-emotional learning to prevent and reduce
discrimination and other improper conduct.
The administration is encouraged, to the extent practicable, to take such actions as
it may deem appropriate to accomplish the following:
  1. Engage all students in creating a safe and supportive school environment;
  2. Partner with parents and other community members to develop and
implement prevention and intervention programs;
  3. Engage all students and adults in integrating education, intervention, and
other remedial responses into the school environment;
  4. Train student bystanders to intervene in and report incidents of bullying
and other prohibited conduct to the schools’ primary contact person;
  5. Teach students to advocate for themselves and others;
  6. Prevent inappropriate referrals to special education of students who may
engage in bullying or other prohibited conduct; and
  7. Foster student collaborations that, in turn, foster a safe and supportive
school climate.

F. The school district may implement violence prevention and character
development education programs to prevent or reduce policy violations. Such
programs may offer instruction on character education including, but not limited
to, character qualities such as attentiveness, truthfulness, respect for authority,
diligence, gratefulness, self-discipline, patience, forgiveness, respect for others,
peacemaking, and resourcefulness.

G. The school district shall inform affected students and their parents of rights they
may have under state and federal data practices laws to obtain access to data
related to an incident and their right to contest the accuracy or completeness of the
data. The school district may accomplish this requirement by inclusion of all or
applicable parts of its protection and privacy of pupil records policy (See
MSBA/MASA Model Policy 515) in the student handbook.

VIII. NOTICE

A. A. The school district will give annual notice of this policy to students,
parents or guardians, and staff, and this policy shall appear in the student
handbook.

B. This policy or a summary thereof must be conspicuously posted in the
administrative offices of the school district and the office of each school.

C. This policy must be given to each school employee and independent contractor
who regularly interacts with students at the time of initial employment with the
school district.

D. Notice of the rights and responsibilities of students and their parents under this
policy must be included in the student discipline policy (See MSBA/MASA
Model Policy 506) distributed to parents at the beginning of each school year.

E. This policy shall be available to all parents and other school community members
in an electronic format in the language appearing on the school district’s or a
school’s website.

F. The school district shall provide an electronic copy of its most recently amended
policy to the Commissioner of Education.
IX. POLICY REVIEW
To the extent practicable, the school board shall, on a cycle consistent with other school
district policies, review and revise this policy. The policy shall be made consistent with
Minn. Stat. § 121A.031 and other applicable law. Revisions shall be made in
consultation with students, parents, and community organizations.
Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. § 120A.05, Subds. 9, 11, 13, and 17 (Definition of Public
School)
Minn. Stat. § 120B.232 (Character Development Education)
Minn. Stat. § 121A.03 (Sexual, Religious and Racial Harassment and
Violence)
Minn. Stat. § 121A.031 (School Student Bullying Policy)
Minn. Stat. § 121A.0311 (Notice of Rights and Responsibilities of
Students and Parents under the Safe and Supportive Minnesota Schools
Act)
Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. § 121A.69 (Hazing Policy)
Minn. Stat. Ch. 124E (Charter School)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
20 U.S.C. § 1232g et seq. (Family Educational Rights and Privacy Act)
34 C.F.R. §§ 99.1 – 99.67 (Family Educational Rights and Privacy)
Cross References: MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal
of School District Employees)
MSBA/MASA Model Policy 413 (Harassment and Violence)
MSBA/MASA Model Policy 414 (Mandated Reporting of Child Neglect
or Physical or Sexual Abuse)
MSBA/MASA Model Policy 415 (Mandated Reporting of Maltreatment
of Vulnerable Adults)
MSBA/MASA Model Policy 423 (Employee-Student Relationships)
MSBA/MASA Model Policy 501 (School Weapons Policy)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 507 (Corporal Punishment)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil
Records)
MSBA/MASA Model Policy 521 (Student Disability Nondiscrimination)
MSBA/MASA Model Policy 522 (Student Sex Nondiscrimination)
MSBA/MASA Model Policy 524 (Internet Acceptable Use and Safety
Policy)
MSBA/MASA Model Policy 525 (Violence Prevention)
MSBA/MASA Model Policy 526 (Hazing Prohibition)
MSBA/MASA Model Policy 529 (Staff Notification of Violent Behavior
by Students)
MSBA/MASA Model Policy 709 (Student Transportation Safety Policy)
MSBA/MASA Model Policy 711 (Video Recording on School Buses)
MSBA/MASA Model Policy 712 (Video Surveillance Other Than on
Buses)

Adopted: 1995
Revised : October 14, 2020
539 TITLE IX SEX NONDISCRIMINATION POLICY, GRIEVANCE PROCEDURE
AND PROCESS

I. GENERAL STATEMENT OF POLICY

A. The school district does not discriminate on the basis of sex in its education
programs or activities, and it is required by Title IX of the Education Amendments
Act of 1972, and its implementing regulations, not to discriminate in such a manner.
The requirement not to discriminate in its education program or activity extends to
admission and employment. The school district is committed to maintaining an
education and work environment that is free from discrimination based on sex,
including sexual harassment.

B. The school district prohibits sexual harassment that occurs within its education
programs and activities. When the school district has actual knowledge of sexual
harassment in its education program or activity against a person in the United
States, it shall promptly respond in a manner that is not deliberately indifferent.

C. This policy applies to sexual harassment that occurs within the school district’s
education programs and activities and that is committed by a school district
employee, student, or other members of the school community. This policy does
not apply to sexual harassment that occurs off school grounds, in a private setting,
and outside the scope of the school district’s education programs and activities.
This policy does not apply to sexual harassment that occurs outside the geographic
boundaries of the United States, even if the sexual harassment occurs in the school
district’s education programs or activities.

D. Any student, parent, or guardian having questions regarding the application of TitleIX and its regulations and/or this policy and grievance process should discuss them
with the Title IX Coordinator. The school district’s Title IX Coordinator is
Jeremy Tammi, District Superintendent. Phone Number (218-897-5275 Ext 153)
Address 11731 Hwy 1 East Northome, MN 56661 and Email
jeremy.tammi@isd363.org
Questions relating solely to Title IX and its regulations may be referred to the Title
IX Coordinator, the Assistant Secretary for Civil Rights of the United States
Department of Education, or both.

E. The effective date of this policy is August 26, 2020 and applies to alleged violations
of this policy occurring on or after August 26, 2020.

II. DEFINITIONS

A. “Actual knowledge” means notice of sexual harassment or allegations of sexual
harassment to the school district’s Title IX Coordinator or to any employee of the
school district. Imputation of knowledge based solely on vicarious liability or
constructive notice is insufficient to constitute actual knowledge. This standard is
not met when the only official of the school district with actual knowledge is the
respondent.

B. “Complainant” means a person who is alleged to be the victim of conduct that could
constitute sexual harassment under Title IX. A Title IX Coordinator who signs a
formal complaint is not a complainant unless the Title IX Coordinator is alleged to
be the victim of the conduct described in the formal complaint.

C. “Day” or “days” means, unless expressly stated otherwise, business days (i.e. day(s)
that the school district office is open for normal operating hours, Monday – Friday,
excluding State-recognized holidays).

A. “Deliberately indifferent” means clearly unreasonable in light of the known
circumstances. The school district is deliberately indifferent only if its response to
sexual harassment is clearly unreasonable in light of the known circumstances.

B. “Education program or activity” means locations, events, or circumstances for
which the school district exercises substantial control over both the respondent and
the context in which the sexual harassment occurs and includes school district
education programs or activities that occur on or off of school district property.

C. “Formal complaint” means a document filed by a complainant or signed by the Title
IX Coordinator alleging sexual harassment against a respondent and requesting that
the school district investigate the allegation of sexual harassment.
  1. A formal complaint filed by a complainant must be a physical document or
an electronic submission. The formal complaint must contain the
complainant’s physical or digital signature, or otherwise indicate that the
complainant is the person filing the formal complaint, and must be
submitted to the Title IX Coordinator in person, by mail, or by email.
  2. A formal complaint shall state that, at the time of filing the formal
complaint, the complainant was participating in, or attempting to participate
in, an education program or activity of the school district with which the
formal complaint is filed.

D. “Informal resolution” means options for resolving a formal complaint that do not
involve a full investigation and adjudication. Informal resolution may encompass
a broad range of conflict resolution strategies, including mediation or restorative
justice.

E. “Relevant questions” and “relevant evidence” are questions, documents,
statements, or information that are related to the allegations raised in a formal
complaint. Relevant evidence includes evidence that is both inculpatory and
exculpatory. Questions and evidence about the complainant’s sexual predisposition
or prior sexual behavior are not relevant, unless such questions and evidence about
the complainant’s prior sexual behavior are offered to prove that someone other
than the respondent committed the conduct alleged by the complainant, or if the
questions and evidence concern specific incidents of the complainant’s prior sexual
behavior with respect to the respondent and are offered to prove consent.

F. “Remedies” means actions designed to restore or preserve the complainant’s equal
access to education after a respondent is found responsible. Remedies may include
the same individualized services that constitute supportive measures, but need not
be non-punitive or non-disciplinary, nor must they avoid burdening the
respondent.

G. “Respondent” means an individual who has been reported to be the perpetrator of
conduct that could constitute sexual harassment under Title IX.

H. “Sexual harassment” means any of three types of misconduct on the basis of sex
that occurs in a school district education program or activity and is committed
against a person in the United States:
  1. Quid pro quo harassment by a school district employee (conditioning the
provision of an aid, benefit, or service of the school district on an
individual’s participation in unwelcome sexual conduct);
  2. Unwelcome conduct that a reasonable person would find so severe,
pervasive, and objectively offensive that it denies a person equal
educational access; or
  3. Any instance of sexual assault (as defined in the Clery Act, 20 U.S.C.
§1092(f)(6)A(v)), dating violence, domestic violence, or stalking (as
defined in the Violence Against Women Act, 34 U.S.C. §12291).

I. “Supportive measures” means individualized services provided to the complainant
or respondent without fee or charge that are reasonably available, non-punitive,
non-disciplinary, not unreasonably burdensome to the other party, and designed to
ensure equal educational access, protect safety, and deter sexual harassment.
Supportive measures may include counseling, extensions of deadlines or other
course-related adjustments, modifications of work or class schedules, alternative
educational services as defined under Minn. Stat. § 121A.41, as amended, mutual
restrictions on contact between the parties, changes in work locations, leaves of
absence, increased security and monitoring of certain areas of the school district
buildings or property, and other similar measures.

J. “Title IX Personnel” means any person who addresses, works on, or assists with
the school district’s response to a report of sexual harassment or formal complaint,
and includes persons who facilitate informal resolutions. The following are
considered Title IX Personnel: Ms. Laurie Bitter and Ms. MacKenzie Bodem
  1. “Title IX Coordinator” means an employee of the school district that
coordinates the school district’s efforts to comply with and carry out its
responsibilities under Title IX. The Title IX Coordinator is responsible for
acting as the primary contact for the parties and ensuring that the parties are
provided with all notices, evidence, reports, and written determinations to
which they are entitled under this policy and grievance process. The Title
IX Coordinator is also responsible for effective implementation of any
supportive measures or remedies. The Title IX Coordinator must be free
from conflicts of interest and bias when administrating the grievance
process.
  2. “Investigator” means a person who investigates a formal complaint. The
investigator of a formal complaint may not be the same person as the
Decision-maker or the Appellate Decision-maker. The Investigator may be
a school district employee, school district official, or a third party
designated by the school district.
  3. “Decision-maker” means a person who makes a determination regarding
responsibility after the investigation has concluded. The Decision-maker
cannot be the same person as the Title IX Coordinator, the Investigator, or
the Appellate Decision-maker.
  4. “Appellate Decision-maker” means a person who considers and decides
appeals of determinations regarding responsibility and dismissals of formal
complaints. The Appellate Decision-maker cannot be the same person as
the Title IX Coordinator, Investigator, or Decision-maker. The Appellate
Decision-maker may be a school district employee, or a third party
designated by the school district.
  5. The superintendent of the school district may delegate functions assigned
to a specific school district employee under this policy, including but not
limited to the functions assigned to the Title IX Coordinator, Investigator,
Decision-maker, Appellate Decision-maker, and facilitator of informal
resolution processes, to any suitably qualified individual and such
delegation may be rescinded by the superintendent at any time. The school
district may also, in its discretion, appoint suitably qualified persons who
are not school district employees to fulfill any function under this policy,
including, but not limited to, Investigator, Decision-maker, Appellate
Decision-maker, and facilitator of informal resolution processes.

III. BASIC REQUIREMENTS FOR GRIEVANCE PROCESS

A. Equitable Treatment
  1. The school district shall treat complainants and respondents equitably.
However, equality or parity with respect to supportive measures provided
to complainants and respondents is not required.
  2. The school district will not impose any disciplinary sanctions or take any
other actions against a respondent that do not constitute supportive
measures until it has completed this grievance process and the respondent
has been found responsible.
  3. The school district will provide appropriate remedies to the complainant any
time a respondent is found responsible.

B. Objective and Unbiased Evaluation of Complaints
  1. Title IX Personnel, including the Title IX Coordinator, Investigator,
Decision-maker, and Appellate Decision-maker, shall be free from conflicts
of interest or bias for or against complainants or respondents generally or a
specific complainant or respondent.
  2. Throughout the grievance process, Title IX Personnel will objectively
evaluate all relevant evidence, inculpatory and exculpatory, and shall avoid
credibility determinations based solely on a person’s status as a
complainant, respondent, or witness.

C. Title IX Personnel will presume that the respondent is not responsible for the
alleged conduct until a determination regarding responsibility is made at the
conclusion of the grievance process.

D. Confidentiality
The school district will keep confidential the identity of any individual who has
made a report or complaint of sex discrimination, including any individual who has
made a report or filed a formal complaint of sexual harassment, any complainant,
any individual who has been reported to be the perpetrator of sex discrimination,
any respondent, and any witness, except as may be permitted by the Family
Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, or FERPA’s
regulations, and State law under Minn. Stat. § 13.32 34 C.F.R. Part 99, or as
required by law, or to carry out the purposes of 34 C.F.R. Part 106, including the
conduct of any investigation, hearing, or judicial proceeding arising thereunder
(i.e., the school district’s obligation to maintain confidentiality shall not impair or
otherwise affect the complainants and respondents receipt of the information to
which they are entitled with respect to the investigative record and determination
of responsibility).

E. Right to an Advisor; Right to a Support Person
Complainants and respondents have the right, at their own expense, to be assisted
by an advisor of their choice during all stages of any grievance proceeding,
including all meetings and investigative interviews. The advisor may be, but is not
required to be, an attorney. In general, an advisor is not permitted to speak for or
on behalf of a complainant or respondent, appear in lieu of complainant or
respondent, participate as a witness, or participate directly in any other manner
during any phase of the grievance process.
A complainant or respondent with a disability may be assisted by a support person
throughout the grievance process, including all meetings and investigative
interviews, if such accommodation is necessary. A support person may be a friend,
family member, or any individual who is not otherwise a potential witness. The
support person is not permitted to speak for or on behalf of a complainant or
respondent, appear in lieu of complainant or respondent, participate as a witness,
or participate directly in any other manner during any phase of the grievance
process.