Policy 502-R Student Discipline Regulations

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.

Students are expected to comply with the school district’s expectations for student conduct. These examples are not intended to be an exhaustive list.

A. Rule 1: ATTENDANCE

a. Students should arrive at school and classes on time and are expected to be in school for the entire school day unless other arrangements have been made. Truancy is an absence without the knowledge and approval of the school, parent/guardian, or teachers. Excessive truancies may lead to consequences. (See Compulsory Attendance Policies 503.)

B. Rule 2: ACTIVITIES/ EVENT BEHAVIOR

a. Students must comply with all school and Minnesota State High School League and conference rules when attending school activities and events.

C. Rule 3: RESPECT FOR PROPERTY

a. Students shall respect property belonging to the School District, school employees, and other students. Vandalism, accidental damage to property, theft or use of property without permission of the owner, extortion, or trespassing shall constitute a violation of this rule.

D.  Rule 4: RESPECT FOR PEOPLE

Students will show respect for other students, and all School District employees and volunteers. Disrespectful behavior including abusive language is a violation of this rule. This policy incorporates by reference the District’s Racial, Religious, Offensive Behavior, Sexual Harassment and Violence Policy. (See Policy Racial, Religious, Offensive Behavior/Sexual Harassment and Violence – 403) Although not inclusive, the following list describes behaviors that are not permitted.

1. Insubordination: A student is insubordinate when they refuse to comply with any reasonable request or directive of teachers, principals, District employees or volunteers.

2. Personal Identification: Failure to identify oneself to school authorities is a violation of this rule. Falsifying signatures is also a violation of this rule.

3. Assault: 

i. “Assault” is;
1. an act done with intent to cause fear in another of immediate bodily harm or death;
2. the intentional infliction of or attempt to bodily harm upon another;
3. or the threat to do bodily harm to another with present ability to carry out the threat

4. Fighting: Fighting is mutual combat in which both parties have contributed to the situation.

5. Racial, Religious, Offensive Behavior/Sexual Harassment and Violence: It is the policy of Independent School District 284 that no student or employee of the district shall be subjected to offensive behavior. Such conduct includes, but is not limited to, inappropriate remarks or conduct related to a person's race, color, creed, religion, national origin, sex, sexual orientation, gender, marital status, disability, age, or status with regard to public assistance. Offensive behavior also includes violent or threatening behavior and sexual harassment. (See Board Policy and Regulations 403 and 403-R).

6. Threats: No student will threaten any individual person or property.

7. Hazing: 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. (See Board Policy 513 and Regulations 513R on Hazing).

8. Bullying: Bullying is an overt act by a student or a group of students directed against another student/s with the intent to ridicule, humiliate or intimidate the other student. (See Board Policy 528 on Bullying Prohibition).

9. Weapons: A weapon includes but is not limited to firearms (whether loaded or not loaded), pellet guns, stun guns, nun chucks, metal knuckles, knives, replica weapons and potentially dangerous objects. See Board Policy on Weapons.

10. Verbal assaults: 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, or degrading to other people, or threatening to school property;

11. Disrespectful Speech: Impertinent or disrespectful words, symbols, acronyms, or language, whether oral or written, related to toward teachers or other school district personnel

E.  Rule 5: SMOKING AND USE OF TOBACCO / ECIGARETTES/ VAPING DEVICES

a. Tobacco use, e-cigarette/vaping use, tobacco-related devices, or tobacco paraphernalia and/or possession by students shall be prohibited in school buildings, on school property, on school buses, and at all school-sponsored activities.

F.  Rule 6: ALCOHOL AND ILLEGAL DRUGS

a. Students will not possess, purchase, or sell alcohol, illegal drugs, drug paraphernalia, consume any amount of alcohol, or illegal drugs while on school property, including buses, or while attending school-sponsored functions.

G.  Rule 7: DISRUPTIVE BEHAVIOR

a. Students shall behave in a manner which supports the learning environment and maintains the health and safety of persons in any area. 

i. Disrespectful Language: The use of disrespectful language, which may include the use of profanity and/or obscenity, is a violation of this rule.

ii. Unauthorized Distribution of Literature: Unauthorized distribution of literature on school property, either electronically or in hard copy, is a violation of this rule.
 
iii. Distribution of Literature: Distribution of literature on school property, authorized or unauthorized, electronic or hard copy, that is inflammatory, libelous, or of a slanderous nature is not allowed and also a violation of this rule. 

iv. Disturbances and Disruptions: Disturbances, disruptions, or threats to normal school operations or school activities, such as the reporting of dangerous or hazardous situations that do not exist, are violations of this rule (i.e. terroristic threats). The possession or use of articles that are illegal or declared by a school official to be nuisances is also a violation of this rule.

v. Nuisance Items: A nuisance item is anything that is used to disrupt the safety, order or control of the school, such as, but not limited to, radios, headsets, earbuds, cell phones, universal remote controls, laser pointers, or other electronic devices. If safety or learning is disrupted, consequences will occur.

H. Rule 8: CLOTHING AND APPEARANCE
Students shall dress in such a manner consistent with School Board Policy 506: Clothing and Appearance

I. Rule 9: PARKING/ PARKING LOT/DRIVING VIOLATIONS
Students are expected to honor and obey all parking and driving rules as described in the Wayzata High School student handbook.

J. Rule 10: CHEATING/PLAGIARISM/FALSIFICATION OF RECORDS
Cheating, plagiarism and/or falsification of records are violations. Cheating or plagiarism is misleading an instructor in some way so as to receive a grade for work that the student did not originate. 

K. Rule 11: BUS VIOLATIONS
All school rules, policies, and regulations apply to behavior on buses to and from school or while on any school-related activity. In addition, state law specifically prohibits the following behaviors on a school bus:

1. Standing or walking in a bus while it is in motion.
2. Transporting any potentially dangerous objects including weapons or explosives.
3. Obstructing the aisle.
4. Damaging the bus in any manner. (See District 284 School Bus Discipline Policy and
Special Education Transportation Regulations.

L. Rule 12: TECHNOLOGY
Students shall use technology in a manner consistent with Board Policy (631 & 631R).

Student violations of one or more rules of student conduct shall be cause for intervention. Such intervention may be preventive, corrective, educational, or disciplinary in nature and must depend upon:

• The seriousness of the violation.
• The frequency with which the student has violated the rules.
• The willingness of the student to correct the behavior and to act in a more positive manner.
• The age of the student.

A. Preventive Measures - Preventive measures may include the involvement of the parent/guardian and appropriate professional staff in an attempt to plan corrective strategy jointly. In cases of students with an active Individualized Education Program (IEP), preventive or corrective action plans will generally involve the student's IEP manager.

B. Types of Corrective Measures

• Student conference.
• Parent contact.
• Parent conference.
• Removal from class.
• Contract.
• Restitution.
• In-school support.
• Detention.
• Suspension or removal from extracurricular activities.
• In-school monitoring.
• Community service.
• Referral to outside agency therapeutic program.
• Suspension.
• Assign an alternative program.
• Police referral.
• Petition County Court.
• Transfer to another school.
• Superintendent-level intervention.
• Expulsion/Exclusion.

These actions are not listed in any particular order and other actions may be appropriate as well.

C. Building Level Measures - The classroom teacher shall have the general control and government of the classroom and will generally attempt other means to correct undesirable behavior before removal from class is used.

1. Removal from Class: Violation of any rule or policy established by the School Board, administration, or teacher may be grounds for removing a student from a specific class or activity. Students removed from a class or an activity shall report to the area that is designated. If a student is removed from class the school district may notify the parent or guardian of the student’s removal from class. 

A student must be removed from class immediately if the student engages in assault or violent behavior. The removal from class shall be for a period of time deemed appropriate by the principal, in consultation with the teacher.

a.  Secondary Schools: A class or activity means the daily instructional time for a given course of study.

b.  Elementary Schools: A class or activity means a period of time not to exceed one (1) hour, regardless of subject of instruction.

2. 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.

3. Disciplinary Dismissals Prohibited

a. A pupil enrolled in the following is not subject to dismissals under the Pupil Fair Dismissal Act:

1. 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

2. kindergarten through Grade 3.

b. 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.

c. 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.

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.

The definition of suspension under Minnesota Statutes, section 121A.41, subdivision 10, does not apply to a student's dismissal from school for one school day or less, except as provided under federal law for a student with a disability.

4.   Suspension: Suspension is a directive from a school administrator prohibiting a student from attending school.

a. Notice: All provisions of the Pupil Fair Dismissal Act will be followed.
b. Re-entry: Conference with parent or guardian is required as condition of reinstatement (per Pupil Fair Dismissal Act). The requirement for a Re-entry Conference cannot delay the delivery of special education services if a student has an IEP.
c. Violation of Suspension: If a student returns to school or a school- sponsored activity without permission during a suspension, the action may be considered a violation of the suspension and may be cause for further action

5. Reasonable Force Reports

a. 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).

b. 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).

c. 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.

D. Superintendent Level Disciplinary Process
The principal may refer a student to the Superintendent/designee for further action. The referral will be in writing and will be accompanied by a complete and up-to-date record of the facts of the incident(s) and all corrective measures attempted.

1.    Informal Hearing: The Superintendent/designee will conduct an informal hearing. The student and parent/guardian will be notified of the hearing and will receive a copy of the referral letter. At the hearing the student may choose to be accompanied by any person. The principal and other school personnel may be present.

2.    Actions: The Superintendent/designee will take one or more of the following actions:

a.    Defer action pending further investigation. 
b.     Place the student on Superintendent's probation.
c.    Transfer the student to a different school.
d.    Place the student on home instruction.
e.    Place the student in a modified or alternative program.
f.    Attempt to seek placement in a school outside the District with parental/guardian agreement.
g.    Recommend expulsion or exclusion. The Superintendent may modify such expulsion/exclusion requests on a case by case basis.

E. Expulsion/Exclusion

1. Expulsion - Expulsion is 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 procedures for notice and hearing under the Pupil Fair Dismissal Act regulations will be followed.

2. Exclusion - Exclusion means a Board action to prevent enrollment or re-enrollment of a student for period that shall not extend beyond the school year. The procedures of the Pupil Fair Dismissal Act will be followed.

F. Alternative Placement - Alternative placement to another in or out-of-District school site may be made at the recommendation of the administration. 
 

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. 
 

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.
 

A.    High school and middle school students will have access to a copy of the Student Discipline Regulations and any building-level procedures. Access to policy and procedures will be construed as having knowledge of the contents. Elementary students will receive an oral explanation.

B.    Copies of the Board Policy on Student Discipline and Regulations will be available to students and parents/guardians in the office of each school building and online.

C.  In addition, the school district must report, through the MDE electronic reporting system, each physical assault of a school district employee by a student within thirty (30) days of the assault. This report must include a statement of the alternative educational services or other sanction, intervention, or resolution given to the student in response to the assault 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 student’s age, grade, gender, race, and special 
education status.
 

The building level procedures for implementing this policy will be determined by each site. The building principal and licensed employees shall confer annually to review the discipline policy and to assess whether the policy has been enforced.

A district committee will review the policy and regulations annually.
 

• Adopted: December 8, 1986 
• Amended: July 24, 1989 
• Amended: October 12, 1992 
• Amended: March 30, 1993 
• Amended: July 15, 1993 
• Amended: August 3, 1994
• Amended: December 14, 1994 
• Amended: July 9, 2001
• Amended: May 10, 2004
• Amended: October 13, 2008
• Amended: November 14, 2011
• Amended: October 13, 2014
• Amended: October 12, 2015
• Amended: December 12, 2016
• Amended: April 16, 2018
• Amended: October 8, 2018
• Amended: November 12, 2019
• Amended: January 13, 2020
• Amended: August 28, 2023
• Last Reviewed: August 28, 2023

• Policy 502 - Student Discipline
• Policy 502 Form - Student Discipline Complaint Procedure