Minn. Stat. § 121A.45

Grounds For Dismissal

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Subdivision 1.Provision of alternative programs.

No school shall dismiss any pupil without attempting to use nonexclusionary disciplinary policies and practices before dismissal proceedings or pupil withdrawal agreements, except where it appears that the pupil will create an immediate and substantial danger to self or to surrounding persons or property.

Subd. 2.Grounds for dismissal.

A pupil may be dismissed on any of the following grounds:

(a) willful violation of any reasonable school board regulation. Such regulation must be clear and definite to provide notice to pupils that they must conform their conduct to its requirements;

(b) 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

(c) willful conduct that endangers the pupil or other pupils, or surrounding persons, including school district employees, or property of the school.

Subd. 3.Parent notification and meeting.

If a pupil's total days of removal from school exceeds ten cumulative days in a school year, the school district shall make reasonable attempts to convene a meeting with the pupil and the pupil's parent or guardian before subsequently removing the pupil from school and, with the permission of the parent or guardian, arrange for a mental health screening for the pupil. The district is not required to pay for the mental health screening. The purpose of this meeting is to attempt to determine the pupil's need for assessment or other services or whether the parent or guardian should have the pupil assessed or diagnosed to determine whether the pupil needs treatment for a mental health disorder.

Notes of Decisions

Cited in 4 cases, 2005–2016 · leading case: In the Matter of the Expulsion of A.D. From United South Central Public Schools No. 2134

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In the Matter of the Expulsion of A.D. From United South Central Public Schools No. 2134 (2016) minn · cites it 33× “1 Minn.Stat. § 121A.45, subd. 2(a), (c). Appellant United South Central Independent .”

Sagehorn v. Independent School District No. 728 (2015) mnd · cites it 2× “Minn.Stat. § 121A.45, subd. 2. In the event a school chooses to invoke its authority to dismiss a student for one of the enumerated reasons, the student is entitled to a hearing that “shall take place before: (1) an independent hearing officer; (2) a member of the schoql board;…”

In the Matter of the Expulsion of A.D. from United South Central Public Schools No. 2134. (2015) minnctapp · cites it 14× “7 Minn. Stat. § 121A.45, subd. 2. In this case, the school board voted to expel 1 A.”

S.K. Ex Rel. L.K. v. Anoka-Hennepin Independent School District No. 11 (2005) mnd · cites it 8× “had violated Minn.Stat. § 121A.45, subd. 2 (2004), of the Pupil Fair Dismissal Act (“Grounds for Dismissal Policy”) and the Weapons section of the School Board’s Student Discipline Policy (“Weapons Policy”).”

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