The Pupil Fair Dismissal Act (PFDA) explains a student's and parent's
due process rights when a student is dismissed from school.
The 36-page PFDA pamphlet below includes state and federal laws related to student discipline,
harassment and violence, as well as a frequently asked questions
section.
The school district must provide the student and parent(s) a
copy of the shorter (6-page) "Pupil Fair Dismissal Act, in brief" document each time a student is suspended, expelled, or
excluded from school. This document includes Minnesota Statutes Sections 121A.40 to 121A.56 -- which may be cited as “The Pupil Fair Dismissal Act."
Section 121A.46 Suspension Procedures Subd. 3: Written notice of grounds for suspension.
A written notice containing the grounds for suspension, a brief
statement of the facts, a description of the testimony, a readmission
plan, and a copy of sections 121A.40 to 121A.56, shall be personally
served upon the pupil at or before the time the suspension is to take
effect, and upon the pupil's parent or guardian by mail within 48 hours
of the conference. The district shall make reasonable efforts to notify
the parents of the suspension by telephone as soon as possible following
suspension. In the event a pupil is suspended without an informal
administrative conference on the grounds that the pupil will create an
immediate and substantial danger to surrounding persons or property, the
written notice shall be served upon the pupil and the pupil's parent or
guardian within 48 hours of the suspension. Service by mail is complete
upon mailing. Section 121A.53 Report to the Commissioner of Education Subd. 1: Exclusions and Expulsions:
The school board must report through the department electronic
reporting system each exclusion or expulsion within 30 days of the
effective date of the action to the commissioner of education. This
report must include a statement of alternative educational services
given the pupil and the reason for, the effective date, and the duration
of the exclusion or expulsion. The report must also include the
student’s age, grade, gender, race and special education status. For a
sample expulsion form click on PDF link below.
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