State law requires districts to operate alternative school programs or to provide educational services to expelled students in an alternative setting.
Appendix L: Expelled Students
Document addresses the right of students who have been expelled to continue receiving alternative educational services.
Site addresses requirement to provide opportunities for students to receive educational services during a period of suspension or expulsion, or during the appeals process.
Minnesota Statutes 121A.41 Definitions
Subd. 10. Suspension. — “Suspension” means an action by the school administration, under rules promulgated by the school board, prohibiting a pupil from attending school for a period of no more than ten school days. If a suspension is longer than five days, the suspending administrator must provide the superintendent with a reason for the longer suspension. This definition does not apply to dismissal from school for one school day or less, except as provided in federal law for a student with a disability. Each suspension action may include a readmission plan. The readmission plan shall include, where appropriate, a provision for implementing alternative educational services upon readmission and may not be used to extend the current suspension. Consistent with section 125A.091, subdivision 5, the readmission plan must not obligate a parent to provide a sympathomimetic medication for the parent’s child as a condition of readmission. The school administration may not impose consecutive suspensions against the same pupil for the same course of conduct, or incident of misconduct, except where the pupil will create an immediate and substantial danger to self or to surrounding persons or property, or where the district is in the process of initiating an expulsion, in which case the school administration may extend the suspension to a total of 15 school days.
Subd. 11. Alternative educational services. — “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 assessment, homebound instruction, supervised homework, or enrollment in another district or in an alternative learning center under section 123A.05 selected to allow the pupil to progress toward meeting graduation Standard under section 120B.02, although in a different setting.
Minnesota Statutes 121A.45 Grounds for dismissal
Subdivision 1. Provision of alternative programs. — No school shall dismiss any pupil without attempting to provide alternative educational services before dismissal proceedings, except where it appears that the pupil will create an immediate and substantial danger to self or to surrounding persons or property.
Minnesota Statutes 121A.46 Suspension procedures
Subd. 4. Suspension pending expulsion or exclusion hearing. — Notwithstanding the provisions of subdivisions 1 and 3, the pupil may be suspended pending the school board’s decision in the expulsion or exclusion hearing; provided that alternative educational services are implemented to the extent that suspension exceeds five days.
Minnesota Statutes 121A.55 Policies to be established.
(a) The commissioner of education shall promulgate guidelines to assist each school board. Each school board shall establish uniform criteria for dismissal and adopt written policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies shall emphasize preventing dismissals through early detection of problems and shall be designed to address students’ inappropriate behavior from recurring. The policies shall recognize the continuing responsibility of the school for the education of the pupil during the dismissal period. The alternative educational services, if the pupil wishes to take advantage of them, must be adequate to allow the pupil to make progress towards meeting the graduation Standard adopted under section 120B.02 and help prepare the pupil for readmission.