PACT Charter School

Original Creation Date: April 10, 1996
Last Approved By: PACT Charter School Board of Directors
Last Approved Date: July 7, 2022
Year Reviewed: 2022-2023

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[Regulation No. 5.4.4]

 

544.100 PURPOSE

PACT Charter School strives to provide students a safe school and an environment that is conducive to learning.  This is achieved by fairly implementing a student discipline policy. Removal or dismissal does not always promote the individual academic achievement of students, and if possible, should be limited. The purpose of this procedure is to outline guidelines for dealing with student behaviors that do not meet the Behavior Expectations and emphasize the use of alternatives to removal or dismissal when possible.

 

544.200 GENERAL STATEMENT OF REGULATION

1. All responses to inappropriate student behavior shall include elements of teaching or re-teaching appropriate school behavior and restoring relationships affected by the student behavior.
2. Alternatives to removal from class or dismissal shall be used whenever possible unless the behavior of the student places the student or others in danger, or a removal/dismissal is required by other law, policy, or procedure. These alternatives to removal from class or dismissal are within the discretion of PACT Charter School and may be changed as the school deems necessary.

 

544.300 Code of Student Conduct

All responses to inappropriate student behavior shall include instruction on appropriate school behavior and focus on restoring relationships affected by the student behavior. Disciplinary action may be taken for any student conduct that interferes with school operations, the student’s welfare, or others.

 

544.301 Examples of Conduct

I am expected to respect those in authority. I am expected to show this respect by:

• listening when those in authority are talking
• following instructions the first time they are given

I am expected to respect people, property, and buildings at the school, on the playground, on field trips, and in the lunchroom. I can do this by:

1. Respecting others
• walking quietly in the hallways, stairs, and common areas
• keeping possession of my personal items
• working quietly in the classroom
• resisting physical horseplay or wrestling
• using appropriate language for an academic setting
• respecting other people's property
• referring to people by their correct name
• respecting others personal space
• treating others with kindness
• displaying affection within PACT guidelines
2. Respecting the school building
• using facilities properly
• cleaning up after myself
• leaving an area cleaner than it was when I got there

I am expected to accept responsibility. I am expected to demonstrate this by:

• taking ownership of my decisions
• being prepared for school (lunch, books, pencils, etc.)
• being on time to school and reporting to classes on time
• staying in my assigned work area or classroom
• following directions promptly
• turning in assigned work on time
• following classroom rules
• traveling safely when walking between buildings and/or to and from athletic fields

 

544.302 Violations of Student Behavior Expectations

1. Violations of Student Behavior Expectations will be dealt with on a case-by-case basis, consistent with the student’s prior disciplinary record and the seriousness of the offense. The specific action chosen in a particular case will be based on the facts and circumstances of the misconduct and is solely within the school’s discretion. 
2. Student discipline procedures may include, but are not limited to: 

• a verbal warning,
• conferencing,
• removal from class/setting,
• police contact,
• suspension,
• exclusion, or expulsion.

 

544.400 Pupil Fair Dismissal and Removal from Class Procedures

PACT Charter School shall comply with all procedures required under the Pupil Fair Dismissal Act and the procedures under this section.

 

544.401 Grounds for removal from class shall include any of the following:

1. Willful conduct that significantly disrupts the rights of others to an education, including conduct that interferes with a teacher’s ability to teach or communicate effectively with students in a class or with the ability of other students to learn;
2. Willful conduct that endangers surrounding persons, including school employees, the student or other students, or the property of the school;
3. Willful violation of any school rules, regulations, policies, or procedures, including the Code of Student Conduct in this policy; or
4. At the teacher’s discretion or administration, other conduct requires the student’s removal from the class.

 

544.402 Period of time for removal

Removal of a student from class shall not exceed five (5) such periods. School administration reserves the right to add additional removal days pending an extended investigation.

 

544.403 Removal of a student from class; notification to parents

If a student is removed from class more than ten (10) times in a school year, the school shall notify the parent or guardian of the student’s tenth removal from class and make reasonable attempts to convene a meeting with the student’s parent or guardian to discuss the problem that is causing the student to be removed from class.

 

544.404 Procedures for removal from class

The authority to remove a student from class rests with the classroom teacher. If removal is for part of one class period merely to provide the student with some time to avoid problems, the formal procedures of this section need not be followed. If the removal is for an entire period or more, the following procedures must be followed:

1. The teacher should send the student to the Dean of Students’ office or another area designated by the Administration. The Principal or designee will provide custodial care of the student.
2. The teacher should provide the Superintendent of Schools’s designee with the following information:
• The reason for the removal;
• Length of removal; and
• Whether there is a reason to consider the need for additional assessment or review of the IEP for a special education student or to consider the need for identifying and addressing chemical abuse problems of a student while on school premises.
3. The teacher should provide the student and parent the reason for the removal.

 

544.405 Grounds for Dismissal

Violations leading to suspension, based upon severity, may also be grounds for actions leading to expulsion and/or exclusion.  A student may be dismissed on any of the following grounds:

1. Willful violation of any reasonable PACT Charter School Board regulation, including those found in this policy;
2. 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
3. Willful conduct that endangers the student or other students or surrounding persons, including school employees or property of the school.

Additionally, removing a student from school for one day or less may be considered an administrative dismissal. Administrative dismissal prohibits a student from being in school, on school grounds, or at a school-sponsored event for the day. A parent conference may be required before the student is readmitted to school.

 

544.406 Suspension procedures

1. All suspension proceedings will be held pursuant to and in accordance with the provisions of the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§121A.40-121A.56, school policy and procedures.
2. Suspensions may be based upon any of the grounds for dismissal under Procedure 502.405 after reviewing the facts and circumstances of the misconduct.
3. Alternatives to suspension shall be used whenever possible unless the student’s behavior places the student or others in danger or a suspension is required by other law, policy, or procedure.
4. Any suspension shall include instruction on appropriate school behavior or other corrective action.

The following are guidelines and examples for behaviors that may allow for a suspension, but it is not an exhaustive list:

• Behaviors typically receiving a suspension in or out of school for three (3) days or less:
• Fighting;
• Threats/intimidation;
• Harassment
• Extortion;
• Sexting;
• Theft or vandalism under $500;
• Property offenses;
• Possession of stolen property;
• Repeated disordered behaviors towards other students, staff, etc., typically receive a lesser disciplinary action.
• Behaviors typically receiving suspension out of school for (4) days or more (and possibly expellable violations):
• Suspected substance use or possession;
• Assault;
• Terroristic threats;
• Theft or vandalism over $500;
• Repeated behaviors typically receive a suspension for three (3) days or less.
• Behaviors typically receiving a suspension for five days or more (and possibly expellable violations):
• Weapons possession or use (subject to the PACT Charter School 805 - Weapons Policy & Procedure);
• Arson; Pyrotechnics;
• Possession of drug paraphernalia (subject to the PACT Charter School 538 - Chemical Use & Abuse Policy & procedure);
• Drug or alcohol distribution/ intent to distribute (subject to the PACT Charter School 538 - Chemical Use & Abuse Policy & procedure);
• Sexual assault;
• Severe physical assault;
• Bomb threats;
• Bombs or incendiaries.

1. Each suspension action shall include an informal conference, proper notices, and a readmission plan under the Pupil Fair Dismissal Act.  The readmission plan shall consist of, where appropriate, a provision for implementing alternative educational services upon readmission and may not be used to extend the current suspension.
2. The school administration may not impose consecutive suspensions against the same student for the same course of conduct or incident of misconduct except where the student will create an immediate and substantial danger to self or surrounding persons or property or where the school is in the process of initiating an expulsion, in which case the school administration may extend the suspension of general education student in five (5) day increments up to a total of fifteen (15) days for one incident. Suspension for a student who has an active IEP or 504 plan may not exceed two five (5) day suspensions up to a total of ten (10) days for one incident.
3. The school administration shall implement alternative educational services when the suspension exceeds five (5) days.  Alternative educational services may include but are not limited to specialized tutoring, modified curriculum, modified instruction, other modifications or adaptations, instruction through electronic media, special education services as indicated by appropriate assessments, homebound instruction, supervised homework, or enrollment in another school or in an alternative learning center under Minn. Stat. § 123A.05 selected to allow the pupil to progress toward meeting graduation standards under Minn. Stat. §120B.02, although in a different setting.

 

544.407 Expulsion and exclusion procedures

1. All expulsion and exclusion proceedings will be held according to the provisions of the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§121A.40-121A.56, and school policy.
2. A school administrator shall prepare and enforce an admission or readmission plan for any student excluded or expelled from school. The plan may include measures to improve the student’s behavior, require parental involvement in the admission or readmission process, and may indicate the consequences to the student of not improving student conduct. The readmission plan must not obligate parents to provide sympathomimetic medication for their student as a condition of readmission.

 

544.408 Students with a disability

1. Suspension

• Where a student with a disability has been suspended for more than five (5) consecutive days or has accumulated more than ten (10) days of dismissal over the course of the school year, and that suspension does not involve a recommendation for expulsion or exclusion or other change of placement under federal law, relevant members of the student’s individualized education program (IEP) team, including at least one of the student’s teachers, shall meet and determine the extent to which the student needs services to continue to participate in the general education curriculum although in another setting, and to progress toward meeting the goals in the student’s individualized education program. That meeting must occur as soon as possible, but no more than ten days after the sixth consecutive day of the suspension or the tenth cumulative day of suspension has elapsed.
• The school administration shall implement alternative educational services when the suspension exceeds five (5) days.
• The notice requirements for the suspension of a student with a disability do not apply to a dismissal of one day or less.

2. Expulsion and Exclusion

• Before initiating an expulsion or exclusion under Minn. Stat. §§ 121A.40 to 121A.56, the school, relevant members of the student’s individualized education program team, and the student’s parent shall, consistent with federal law, determine whether the student’s behavior was caused by or had a direct and substantial relationship to the student’s disability and whether the student’s conduct was a direct result of a failure to implement the student’s individualized education program. When a student with a disability who has an individualized education program is excluded or expelled under Minn. Stat. § 121A.40 to 121A.56 for misbehavior that is not a manifestation of the student’s disability, the school shall continue to provide special education and related services during the exclusion or expulsion.

Legal References:

 

Minn. Stat. §13 (Government Data Practices)

Minn. Stat. §121A.0311 (Safe and Supportive Schools Act)

Minn. Stat. §§121A.40-121A.56 (Pupil Fair Dismissal Act)

Minn. Stat. §124E (Minnesota Charter School Law)

Minn. Stat. §121A.575 (Alternatives to Pupil Suspension)

Minn. Stat. §§121A.60-121A.61 (Removal of Students from Class)

Minn. Stat. §124D.03 (Enrollment Options Program)

Minn. Stat. §124D.08 (Enrollment in Nonresident District)

Minn. Stat. Ch. 260A.03 (Truancy)