Adopted: December 1977
Revised: July 2024
Download 503.3AR - Student Behavior Expectations and Responses For Behavior
1. Overview
1.1 The disciplinary responses for behavior described in this regulation are designed to be fair, firm and consistent for all students in District 196. They apply to District 196 k-12, early childhood and adult basic education (ABE) students in any school or other district building, on district property, in district vehicles, at school bus stops, at school or district activities and events, during school videoconferencing or in student parking areas, including off-site parking locations commonly used by students. Disciplinary responses also apply to behaviors carried out through the use of electronic communication. The disciplinary responses may also apply for behaviors which take place at other locations but directly affect school programs or activities.
1.2 Because it is not possible to list every behavior that occurs, behaviors not included in this regulation will be responded to as necessary by staff. This regulation is based on the assumption that minor behaviors are dealt with by bus drivers, chaperones, classroom teachers, counselors, administrators and other appropriate district staff.
1.2.1 Cheating, lying, plagiarism, copyright violations and other “academic” behaviors will be dealt with in the context of the student’s classroom or cocurricular activities, and are not addressed in the following chart of behaviors.
1.2.2 Students participating in cocurricular activities will also be expected to abide by the bylaws of the Minnesota State High School League, regardless of whether the particular activity is sponsored by the League.
1.3 In addition to the disciplinary responses detailed in this document, a school or the Transportation Department may respond to student behavior in a variety of ways which include, but are not limited to, dismissal from school, removal from class, loss of cocurricular activities, loss of access to school facilities and grounds outside of the regular school day, reports to probation services, police reports, community service, fines, loss of driving and parking privileges (at the high school level), and chemical evaluation.
1.4 District 196 strives to keep students in the classroom to limit suspensions from school to view discipline through an equity lens and to eliminate disproportionality in school discipline for students of color and students receiving special education services.
1.5 District 196 seeks to prevent student dismissals from school through the early detection of problems and to respond to inappropriate behaviors in a manner that is designed to prevent behaviors from recurring, including through restorative practices, nonexclusionary disciplinary policies and practices and skill building where appropriate. Each District 196 school fosters the social and emotional learning of its students and seeks the engagement of students, parents/guardians, staff and community. The school district recognizes that when a student is unable to meet adult expectations it is often because the student lacks the skills to respond to a situation appropriately. The school district provides staff development to reinforce this understanding and supports school staff in using tiered interventions that teach students skills and prioritizes relationships between students and teachers. The school district discourages responses to unwanted student behavior that take away the student's opportunity to build skills for responding more appropriately.
1.6 Student support staff members (including, where appropriate, counselors, social workers, cultural family advocates, case managers and school psychologists) may be available to assist students who engage in unwanted behavior.
1.7 Families shall be offered access to information in their primary language in circumstances in which information is communicated about their student’s behavior orally or in writing. Administrators will determine if ongoing language translation/interpretation is desired when first communicating with a family regarding their child’s behavior.
1.8 District 196 seeks to avoid the unnecessary criminalization of student behavior. Administrators may involve law enforcement as necessary to respond to significant concerns in the school environment. If a student violates a district policy or regulation, which is also a violation of a law, the student may be referred to the police. In accordance with state law, administrators will refer to the juvenile delinquency or criminal justice system any student who brings a firearm to school unlawfully. School staff members shall not interfere with a law enforcement decision to remove a student from school for law enforcement purposes; however, reasonable efforts shall be made to inform a student’s parent or guardian of the involvement of law enforcement. Law enforcement officers shall not be involved in an educational decision to remove a student from school as a disciplinary response.
2. Chemicals and Drug Paraphernalia
2.1 As detailed more fully in the following charts, District 196 prohibits students from, among other things, possessing, using or distributing “chemicals” and “drug paraphernalia.” For the purposes of this document, the word “chemicals” means narcotics or controlled substances, items purported or believed to be a narcotic or a controlled substance, any derivatives or synthetic versions of narcotics or controlled substances that can be used for the purpose of mood alteration, and prescription drugs or over-the-counter medications to be used for the purpose of mood alteration. Commonly known as marijuana or cannabis, THC in all its forms, including medicinal, edible or synthetic cannabis, is prohibited. “Drug paraphernalia” means items prohibited by Minnesota or federal law that are used for consumption or manufacturing of drugs.
2.2 Any prescription or over-the-counter medication a student is required to take, with limited exceptions permitted by regulation, must be left with and administered by the school nurse, in accordance with Administrative Regulation 506.2.2AR, Administering Medication, however, medical cannabis may not be possessed or used on school district property or in school district vehicles. Students in grades 7-12 may self-administer standard doses of non-prescription pain relievers with written parent/guardian permission. (Refer to Procedure 506.2.1.2P, Emergency Information – Secondary Students, for more information.)
3. Responses
For each behavior described in the following charts, there are specific responses for first, second, third and fourth occurrences; however, administrators may apply lesser or greater responses after considering intent, the age and development of the child and other extenuating circumstances. The definitions of those responses, and other responses for unwanted behavior, are as follows:
«– Student conference and parent or guardian notification; may include, but is not limited to, parent/guardian conference, parent/guardian shadow (elementary and middle only), loss of phone or technology privileges, educational programming, needs assessment, restorative programming, restitution, peer mediation, adult-facilitated mediation, detention, in-school suspension and up to one day out-of-school suspension.
Chemical Assessment (middle and high school) – Secondary students who violate certain rules regarding alcohol and chemicals may receive a recommendation for a chemical assessment. Assessment will be at the expense of the student’s parent(s) or guardian(s) (or the adult student, if age 18 or older).
Detention – Requirement for a student to remain in school or attend school outside normal school hours or to go to a designated area during the school day (e.g., lunch detention).
Dismissal – Dismissing a student from school for less than one school day.
Educational Programming – In appropriate circumstances, educational programming, including through Saturday school, may be offered to address student behavior.
Exclusion – Action taken by the School Board to prevent a student from enrolling or re- enrolling for a period of time not to extend beyond the school year.
Expulsion – A School Board action to prohibit an enrolled student from further attendance for up to 12 months from the date the student is expelled.
Expulsion from Bus – Transportation Department student conduct specialist or school administrator action to prohibit a student from riding a school bus or other district vehicle for up to 12 months from the date of the expulsion from the bus.
Fine – A financial penalty assessed of a student by the school.
Loss of Phone Privileges – A student may be prohibited from bringing a personal telephone to school.
Mediation – Mediation is designed to:
· Prevent minor behaviors from escalating to the point where disciplinary responses need to be applied.
· Resolve interpersonal conflicts that may also require disciplinary responses.
Mental Health Referral –Students may be referred to community mental health resources on a case-by-case basis as appropriate. Assessment will be at the expense of the students’ parent(s) or guardian(s) or the adult student, if age 18 or older.
Nonexclusionary Discipline – Nonexclusionary disciplinary policies and practices may include many of the responses listed herein and may also include, but are 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 also 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).
Notification of Parent or Guardian – Conversation (in person or by telephone) and/ or written contact between a school employee (usually a teacher, student support staff member or administrator) and a student’s parent or guardian.
Notification of Police – Contact by the school administration or Transportation Department with the local police department to inform them about an illegal behavior engaged in by a student.
Parent Conference – Scheduled meeting between a school employee and a student’s parent or guardian.
Parent Shadow (elementary school) – The principal may offer the “parent shadow” disciplinary response (the parent or guardian to follow the student for half a day at school) to the student’s parent(s) or guardian(s) for any elementary student behavior that results in a one-day, out-of-school suspension, except for weapon possession, look- alike weapon possession, assault or fighting. The parent(s) or guardian(s) may then choose to accept or not accept the parent shadow disciplinary response. Parent shadows will be expected to abide by the guidelines in Administrative Regulation 806AR, Visitors to Schools, and to complete the disciplinary response within five school days of the incident.
Parent Shadow (middle school) – The principal may offer the “parent shadow” consequence (the parent or guardian to follow the student for half a day at school) to the student’s parent(s) or guardian(s) for any middle school student behavior that results in a « disciplinary response. The parent(s) or guardian(s) may then choose to accept or not accept the parent shadow disciplinary response. Parent shadows will be expected to abide by the guidelines in Administrative Regulation 806AR, Visitors to Schools, and to complete the disciplinary response within five school days of the incident.
Recess Detention (elementary school) – Recess detention means excluding or excessively delaying a student from participating in a scheduled recess period as a consequence for student behavior. Recess detention will only be used as permitted by Minnesota Statute 121A.611.
Removal from Class – Action taken by a teacher, principal or other district employee to prohibit a student from attending one or more class period or activity period for up to five days. A student who engages in assaultive or violent behavior in the classroom must be removed from class immediately and may be subject to other disciplinary responses. The removal from the classroom shall be for a period of time deemed appropriate by the administrator, in consultation with the teacher.
Restitution – Compensation or compensatory service required of a student who has damaged, taken or destroyed school or personal property.
Restorative Programming – Individual schools may offer restorative practices and programming to prevent and address disciplinary matters.
Suspension from Bus – Action taken by the Transportation Department student conduct specialist or an administrator to prohibit a student from riding a school bus or other district vehicle for a specific number of days per incident.
Suspension, In-school – Action taken by a teacher, principal or other district employee to prohibit a student from attending more than one class and/or activity period for a period of time not to exceed five days. Individual schools may provide restorative programming during in-school suspension.
Suspension, Out-of-school – Action taken by the school administration to prohibit a student from attending school for a period of no more than 10 school days. If a suspension is longer than five days, the suspending administrator shall provide the superintendent or designee with a reason for the suspension. A student who is on out-of-school suspension may not be in the school, on school or district property or attend school or district activities during the period of the suspension. If a student’s total days of removal from school exceeds 10 cumulative days in a school year, the district shall make reasonable attempts to convene a meeting with the student and the student’s parent or guardian prior to removing the student from school, and with the permission of the parent or guardian, arrange for a mental health screening for the student. (The school district will not pay for the assessment unless it is part of an assessment for special education purposes.) The purpose of the meeting shall be to at- tempt to determine the student’s need for assessment, other services or whether the parent or guardian should have the student assessed to determine whether the student needs treatment for a mental health disorder.
Threat Assessment - In appropriate circumstances, individual schools may assemble a multidisciplinary threat assessment team to conduct a threat assessment with the purpose of ensuring student and staff safety.
Violent Student Behavior (VSB) – A student who engages in a behavior identified as “VSB” (violent student behavior) in the disciplinary responses chart will be identified as a student with a history of violent behavior.
Withdrawal Agreement – A student who engages in a behavior that results the consideration of expulsion or exclusion may be offered a withdrawal agreement to withdraw from school for up to 12-months in lieu of an expulsion or exclusion.
4. Dismissal of Early Learning Students
4.1 A student enrolled in kindergarten through grade 3 or a preschool or prekindergarten program, including a child participating in early childhood family education, school readiness, school readiness plus, voluntary prekindergarten, Head Start, or other school-based preschool or prekindergarten program, may not be subject to dismissals from school within the meaning of Minnesota Statutes 121A. This limitation does not apply to a dismissal from school for less than one day, except as provided under state and federal law for a student receiving special education services. Expulsions and exclusions of early learning students through grade 3 may be used only after other nonexclusionary disciplinary options under Minnesota Statute 121A.425 have been exhausted, and only in circumstances where there is an ongoing serious safety threat to the child or others. For purposes of this section, nonexclusionary discipline must include at least one of the following:
4.1.1 Collaborating with the student’s family or guardian, child mental health consultant or provider, education specialist, or other community-based support;
4.1.2 Creating a plan, written with the parent or guardian, that details the action and support needed for the student to fully participate in the current educational program, including a preschool or prekindergarten program; or
4.1.3 Providing a referral for needed support services, including parenting education, home visits, other supportive education interventions, or, where appropriate, an evaluation to determine if the pupil is eligible for special education services or section 504 services.
5. Staff Notification of Violent Behavior by Students (VSB)
Pursuant to Minnesota Statute 121A.64, a classroom teacher has a legitimate educational interest in knowing which students placed in the teacher’s classroom have a history of violent behavior. Teachers must be notified before such students are placed in the teacher’s classroom and when students already in the teacher’s classroom are newly identified as having a history of violent behavior.
5.1 Identification of Students with a History of Violent Behavior – A student who engages in a behavior identified as “VSB” (violent student behavior) in the disciplinary responses chart will be identified as a student with a history of violent behavior.
5.2 Notification to Teachers/Staff – Teacher notification will occur on Procedure 503.3.5P, Staff Notification of Violent Behavior by Students, with a copy placed in the student’s educational record and retained pursuant to the school district’s records retention schedule. Written notification should be provided to all of the student’s classroom teachers. Building principals have discretion to provide notice to other staff members who also interact with the student. Written notification to the teacher will occur prior to the placement of a student in the teacher’s classroom whenever possible. Once a student has been identified as a student with a history of violent behavior, notification will occur for the remainder of the school year and the following school year. The period of notification will be extended accordingly for each new incident of violent behavior that occurs.
5.3 Notification to the Parent/Guardian of a Student Identified as Having a History of Violent Behavior – Parent/Guardian notification of a student having a history of violent behavior will be consistent with notification practices in this handbook and Administrative Regulation 503.3AR, Student Behavior Expectations and Responses for Behavior.
5.4 Notice to Other School Districts – This notice is an educational record and will be transferred to an enrolling school district.
5.5 Training – Pursuant to Minnesota Statute 121A.64, representatives of the School Board and representatives of the teachers will discuss the needs of students and staff. The parties may discuss necessary training which may include training on conflict resolution and positive behavior interventions and possible intervention services such as student behavioral assessments.
5.6 Written Notification from Law Enforcement – A school that receives formal notification from law enforcement or the court system about a student’s delinquent conduct in the community shall process that notification as required by Minnesota Statute 121A.75. This may include notification of appropriate staff if necessary to protect others from needless vulnerability and to allow staff members to work with the student in an appropriate manner. Notification shall be in accordance with the law and shall not be governed by the district’s procedures for staff notification of students with a history of violent behavior. The handling and retention of records received pursuant to Minnesota Statute 121A.75 shall be according to the requirements of that statute and Minnesota Statute 120A.22, subd. 7.
5.7 Record of Notice – The administration must keep a copy of Procedure 503.3.5P, Staff Notification of Violent Behavior by Students, on file to provide a record of those staff members notified under this section.
6. Cell Phones and Personal Devices
Students who bring cell phones or other personal electronic devices to school with them do so at their own risk. District 196 assumes no responsibility for theft, loss, or damage of a phone or electronic device brought to school and will not assume responsibility for investigating loss or theft of such items. If brought to school, phones/devices should generally be kept out of sight, preferably locked in a locker. District 196 staff may take away cell phones and other personal electronic devices from students who misuse them or have them out when they should be put away. In some cases, students may also lose the privilege of bringing a cell phone or other personal electronic device to school. Parents/guardians are asked to limit calling/texting their children during the school day as that can be disruptive. Students and families should review their individual school’s cell phone and personal device expectations.
7. Behaviors and Responses
Students are expected not to engage in the following behaviors. A student who intentionally engages in a listed behavior is subject to a school response. The responses apply regardless of whether the behavior took place in school, on district property, in a district vehicle, at a school or district activity, during school videoconferencing, at a school bus stop or in student parking areas, including off-site parking locations commonly used by students. Responses also apply to behaviors carried out through the use of electronic communication such as text message, social media and other types of electronic communication. The responses may also apply for behaviors which take place at other locations but directly affect school programs or activities. Schools shall use nonexclusionary disciplinary policies and practices before using suspension, expulsion or exclusion proceedings or student withdrawal agreements, except where it appears that a student will create an immediate and substantial danger to self or surrounding persons or property. Exclusionary practices will not be used to address attendance and truancy issues. The school district makes every effort to apply disciplinary responses consistently, but the administrator may recommend longer or shorter suspensions, expulsion, denial of transportation privileges, other discipline, or interventions such as mental health referrals on a case-by-case basis. This may include more severe disciplinary responses for students with multiple occurrences in different categories of behavior, when a single behavior is particularly severe or when a student engages in a 5th occurrence of a behavior. Administrators may apply less severe disciplinary responses after considering intent, the age and development of the child or other extenuating circumstances. Administrators may also require students to engage in a conflict resolution or skill building experiences in addition to the listed responses.
LIST OF BEHAVIORS AND RESPONSES
8. Student Transportation: Behavior Expectations
8.1 Riding a school bus is a privilege, not a right. The bus driver is responsible for maintaining appropriate student behavior on the bus and is authorized to assign students to specific seats. To help ensure the safety of students, transportation employees and other motorists, students are expected to abide by all student behavior rules outlined in school district regulations, and reviewed above in this handbook, and by the additional transportation safety rules reviewed below in the following chart. The driver will report students who violate the rules to the student’s school principal or the Transportation Department student conduct specialist. Serious behavior described in the above list of behaviors, if it occurs on a school bus, may result in a denial of transportation privileges in addition to the school responses identified above. If a student’s transportation privileges are denied because of the student’s behavior, the student’s parent(s) or guardian(s) will be responsible for transporting the student to and from school. Any student who is issued a citation trespassing them from a school property will lose their bus riding privileges to/from that property. Student behavior policies may be adjusted – as required by federal and state laws and regulations – for students who have individual education plans [IEPs].
8.2 Video cameras are used on some school buses, and students’ conversations and actions may be recorded on video/audio. The use of video cameras is intended to decrease student behavior and allow safe bus operation for students, drivers and other motorists.
8.3 While riding in a district vehicle, in accordance with state law, students shall not transport gasoline, animals or any other dangerous or objectionable objects, except for animals specifically trained to assist people who are blind or have other disabilities. Students are allowed to bring other items on the bus that can be held on the student’s lap or at his/her seat in a safe manner as long as it does not displace another student. Items such as skateboards, roller blades, ice skates, bats, etc. are allowed on the bus when stored in an appropriate bag/container so as to prevent injury to bus passengers. Items that are longer than 39 inches (the height of the bus seat back) are prohibited without approval from the Transportation Department.
8.4 To ensure on-time arrival at schools, students are expected to be present at the bus stop five minutes prior to the scheduled pick-up time. Once students board the bus they must remain on the bus until they have reached their school or designated stop.
LIST OF BEHAVIORS IN DISTRICT VEHICLES AND RESPONSES
Minnesota Statute 121A.59 states: “Transportation by school bus is a privilege, not a right, for an eligible student. A student’s eligibility to ride a school bus may be revoked for a violation of school bus safety or conduct policies, or for violation of any other law governing student conduct on a school bus, pursuant to a written school district discipline policy. Revocation of a student’s bus riding privilege is not an exclusion, expulsion, or suspension under the Pupil Fair Dismissal Act. Revocation procedures for a student who is an individual with a disability under the Individuals with Disabilities Education Act, United States Code, title 20, section 1400 et seq., section 504 of the Rehabilitation Act of 1973, United States Code, title 29, section 794, and the Americans with Disabilities Act, Public Law Number 101-336, are governed by these provisions.”
9. Resolving Concerns
9.1 Students who are concerned about a specific disciplinary action or student conduct violation may consult with their parent(s) or guardian(s), teachers and/or student support services staff (counselors, psychologists, etc.) to informally resolve the concern.
9.2 Students, parents/guardians, and school staff members may also file a complaint and seek corrective action when the requirements of Minnesota Statutes 121A.40-121A.61, including the implementation of the district’s behavior and discipline policies and regulations, are not being implemented appropriately or are being discriminately applied. To file a complaint, a complainant must put their specific concerns in writing to either the:
• director of elementary education (for complaints involving elementary or early learning students); or
• the applicable secondary school principal or coordinator (for complaints involving secondary school students).
9.3 If the applicable secondary school principal or coordinator is the individual who is alleged to have engaged in the violation, the complaint may be filed with the director of secondary education.
9.4 Written complaints must be mailed, emailed or personally delivered to the appropriate director, principal or coordinator. The complaint must be postmarked, emailed or delivered within five school days of the disciplinary action that is the subject of the complaint.
9.5 The director, principal or coordinator receiving a timely complaint will commence an investigation within three school days of receipt of the complaint. The director, principal or coordinator may delegate the investigation to another administrator or a third party with knowledge of the laws pertaining to student discipline. The investigation will include an opportunity for involved parties to submit additional information related to the complaint. Upon completion of the investigation the investigator will provide a written determination to the complainant that addresses each allegation and contains findings and conclusions. The written determination will be limited as required by state and federal law to protect the privacy rights of individuals involved in the complaint. If the investigation finds that the requirements of Minnesota Statutes, sections 121A.40 -121A.61, including any of the district’s behavior and discipline policies and regulations, were not implemented appropriately, the investigator will require a corrective action plan which may include corrections to a student's record and/or the provision of staff training, coaching, or other accountability practices to ensure future compliance. The individual conducting the investigation is responsible for ensuring the district maintains the written determination and related complaint records and for regulating access to any such records.
9.6 Complainants who wish to file a formal appeal of an expulsion or exclusion decision should follow the requirements of Minnesota Statute 121A.49 as described in District Regulation 503.3.2AR, Process for Removal from Class, Suspension, Exclusion and Expulsion of a Student.
9.7 District 196 prohibits reprisals or retaliation against any person who asserts, alleges, or reports a complaint under this paragraph. A person who engages in reprisal or retaliation will be subject to consequences consistent with applicable district policies, regulations, and collective bargaining agreements.
10. Publication
This regulation will be published in the district’s annual Overview of Student Rights and Responsibilities and posted on the district’s website.
Additional Languages:
- RESUMEN DE LOS ERECHOS Y RESPONSABILIDADES DE LOS ESTUDIANTES (SPANISH)
- GUUDMARKA XUQUUQAHA IYO MAS'UULIYAADKA & ARDAYGA (SOMALI)
References: - Gun-Free School Zones Act of 1990, 18 U.S.C.A., 921-924
- Minnesota Statute 120A.22, subd. 7, Educational records
- Minnesota Statute 120A.34, Violations; Penalties
- Minnesota Statute 121A.03, Model policy on sexual, religious and racial harassment and violence
- Minnesota Statute 121A.05, Policy to Refer Firearms Possessor
- Minnesota Statutes 121A.40 – 121A.575, Pupil Fair Dismissal Act
- Minnesota Statute 121A.44, Expulsion for Possession of Firearms
- Minnesota Statute 121A.59, Bus Transportation a privilege not a right
- Minnesota Statute 121A.61, Discipline and removal of students from class
- Minnesota Statute 121A.64, Notification; teachers’ legitimate educational interest
- Minnesota Statute 121A.69, Hazing
- Minnesota Statute 121A.75, Receipt of records; sharing
- Minnesota Statute 169.447, School bus and Head Start bus safety
- Minnesota Statute 609.685, Sale of tobacco to persons under age 21