Additional Discipline Information
1. All disciplinary actions shall be processed pursuant to Eden Prairie High Schools’ Discipline Policy and the requirements of the Minnesota Pupil Fair Dismissal Act.
- a. Any student who violates the District-wide Student Discipline Policy or a school Student Discipline Policy may be subjected to the consequences established in the student handbook.
- b. Any student who violates the District-wide Student Discipline Policy or school Discipline Policy that has a potential consequence of dismissal from school for more than one school day shall have an informal conference with a school administrator. An informal conference is not required where the student is creating an immediate and substantial danger to himself or herself or to surrounding persons or property.
- c. Any student who is being suspended from school for more than one day will be provided written notice containing: the grounds for suspension, facts giving rise to the dismissal, a description of the testimony, a readmission plan, and a copy of the Pupil Fair Dismissal Act. A copy of the notice will be personally served upon the student at or before the time the suspension is to take effect, unless the student will create an immediate and substantial danger to surrounding persons or property. The parents or guardians of the student shall be provided written notice of the suspension by mail within 48 hours of the informal conference. The parent or guardian’s notice will include all the elements contained in the student’s notice. The administration will make reasonable efforts to notify the student’s parents or guardians of the suspension as soon as possible following suspension.
- d. Any suspension that exceeds five days in length will be accompanied by an explanation to the superintendent listing the reasons why the suspension exceeded five days in length.
- e. If a student’s total days of removal from school exceeds 10 cumulative days in a school year, the school district shall make reasonable attempts to convene a meeting with the student and the student’s parents or guardians prior to subsequently removing the student from school. The purpose of this meeting is to attempt to determine the student’s need for assessment or other services.
- f. All students who violate a school policy or rule that has a potential consequence of exclusion or expulsion will be given the opportunity to have a hearing over the issue of exclusion or expulsion in accordance with Minnesota law. (See Minnesota Statute §121A.40 to 121A.56.)
- g. A student who has been recommended for expulsion the second time should expect to receive more severe consequences.
- h. If a student has been removed from class more than 10 times in one school year, a meeting shall occur with the student’s parents or guardians to discuss the problem that is causing the student to be removed from class. Grounds for removing a student from class may include but are not limited to:
- i. 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;
- ii. Willful conduct that endangers surrounding persons, including school district employees, the student or other students, or the property of the school; and
- iii. Willful violation of any rule of conduct specified in the discipline policy.
2. Modification of consequences: The school district in its sole discretion may modify consequences beyond those set forth in this policy based on the particular misconduct.
3. Parental/Guardian questions about discipline: Parents and guardians may contact building administration to discuss an infraction and consequence assigned if they have questions regarding the situation.
4. Physical restraint: Physical restraint may be utilized by administrators, teachers and other staff only where it is necessary to use reasonable force to restrain a student from injuring himself or herself or others. “A teacher, school employee, school bus driver or other agent of a district may use reasonable force in compliance with Minnesota Statute § 121A.582 and other laws.”
5. Police liaison officer: When there is a legitimate educational interest, school administrators may consult with the police liaison officer in determining an appropriate consequence for a student’s violation of school policy. This does not preclude separate proceedings or consequences by local law enforcement for the actions of this student.
6. Police referral: Administrators will involve the police or other law enforcement authorities as necessary. If a student violates a district policy that also violates a law, the student will be referred to the police.
7. Publication of discipline policy: Each school will include the district-wide discipline policy along with their building-level discipline policy to make-up their overall building discipline policy. Students and parents or guardians will be informed of the discipline policy at the beginning of the school year or when they enroll in Eden Prairie Schools.
8. Recommendations for expulsion: Expulsion is a legal act which may be taken by the school board to prohibit an enrolled student from further attendance for up to 12 months from the date the student is expelled in accordance with Minnesota Statutes §§ 121A.40 to 121A.56.
9. School district locker policy: It is the policy of Eden Prairie High School and the state of Minnesota that school lockers, desks and other areas assigned to a student are the property of the school. At no time does the school relinquish its exclusive control of lockers provided for the convenience of students. Inspection of lockers may be conducted by school authorities for any reason at anytime, without notice, without student consent, and without a search warrant. The personal possessions of a student within a locker may be searched only when school authorities have reasonable suspicion that the search will uncover evidence of a violation of law or school rules. As soon as practicable after the search of a student’s personal possessions, the school must provide notices of the search to the student whose locker was searched unless such disclosure would impede an ongoing investigation by police or school officials.
10. Special education or disabled students: Consequences for special education or disabled students will be adjusted, as required by federal and state laws and regulations, and the student’s individual education plan (IEP) or accommodation, when necessary. Special education students and their parents or guardians may request modification of those policies and accommodations where appropriate.
11. Under the influence: The following behaviors would indicate that a student is under the influence: smells of alcohol or drugs, physical appearance, incoherent, staggering or unsteady walk, slurred speech or comatose. These indicators of when a student is under the influence are not an exclusive list but are examples of the kinds of observable behavior or conditions that would be utilized in making such a determination.
12. Unique Situations: Because it is not possible to list every violation that occurs, those not specified will be responded to as necessary by staff on a case-by-case basis. Consequences can range from those assigned by a building administrator up to and including recommendation of expulsion.
- Bullying--Intimidating, threatening, abusive, or harming conduct that is objectively offensive and : a) There is an actual or perceived imbalance of power between the student engaging in prohibited conduct and the target of the behavior and the conduct is repeated or forms a pattern; or b) materially and substantially interferes with a student's educational opportunities or performance or ability to participate in school functions or activities or receive school benefits, service, or privileges.
- Cyberbullying-- bullying using technology or other electronic communication, including, but not limited to, a transfer of a sign, signal, writing, image, sound, or data, including a post on a social network Internet website or forum, transmitted through a computer, cell phone, or other electronic device. This includes use of electronic technology and communications off the school premises to the extent such use substantially and materially disrupts student learning or the school environment.
- Dismissal- dismissing a student from school for one school day or less.
- Drug paraphernalia- all equipment, products and materials of any kind which are knowingly or intentionally used primarily in manufacturing a controlled substance; injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance; testing the strength, effectiveness, or purity of a controlled substance; or enhancing the effect of a controlled substance.
- Exclusion- an action taken by a school board to prevent enrollment or re-enrollment of a student for a period which shall not extend beyond the school year.
- Expulsion- a legal act taken by the school board to prohibit an enrolled student from further attendance up to 12 months from the date the student is expelled.
- Gang- any ongoing organization, association or group, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in a pattern of gang activity. “Pattern of gang activity” means the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of or belong to the same gang.
- Gang-like activity- any conduct engaged in by a student on behalf of any gang, to perpetuate the existence of any gang, to affect the common purpose and design of any gang and/or to represent a gang affiliation, loyalty or membership in any way while on a school location. These activities include recruiting students for membership in any gang and threatening or intimidating other students or employees to commit acts or omissions against his/her will in furtherance of the common purpose and design of any gang.
- Hazing- committing an act against a student or coercing a student into committing an act that creates risk of personal harm in order to be initiated or affiliated with any student organization or activity that may or may not be officially recognized by the school. Hazing is any activity that risks or affects mental or physical health, including physical brutality such as whipping or beating; activities such as sleep deprivation or weather exposure; consumption of alcohol, drugs, tobacco or other substance; intimidation or threats of ostracism, mental stress, embarrassment, shame, humiliation; or any illegal activity.