STUDENT DISCIPLINE AND THE MINNESOTA SUPREME COURT: WHAT WE LEARNED ABOUT ZERO TOLERANCE THIS SUMMER MARGARET A. SKELTON

What is a “Zero Tolerance” Policy?

Zero Tolerance Policies in Schools

State and Federal Laws Governing Expulsion for Possessing a Gun at School

The IDEA Permits Schools to Change a Student’s Placement for Possession of a “Weapon” at School  Up to 45 Days  Must Otherwise Comply with IDEA  Manifestation Determination Required

Typical Zero Tolerance Policies

Does Your School Want a Zero Tolerance Policy?

Zero Tolerance and the Courts

The 2016 Minnesota Supreme Court Decision

What Happened?

(Over) Two Years Later…

Grounds for Dismissal Minn. Stat. § 121A.45 “Willful violation” of any reasonable school board regulation… “Willful conduct” that substantially disrupts the rights of others to an Education… “Willful conduct” that endangers the pupil or other pupils, or surrounding person, including school district employees, or property of the school

What Does “Willful” Mean?

What About “Endanger?”

Where Do We Go From Here?

Yes, Schools can Still Expel Students for Possessing a Knife on Campus…

Thorough Investigations

Alternative Grounds Under the Pupil Fair Dismissal Act

The School District Defines the Record in an Expulsion Case

Explaining Why the Expulsion is Appropriate

DON’T FORGET DUE PROCESS

What About…