Suspended in Minnesota: the Pupil Fair Dismissal Act, bullying reports, and student press rights

Minnesota law says every child between 7 and 17 must receive instruction unless the child has graduated. A child under 7 who is enrolled in kindergarten must attend too.

A suspension (being kept out of school by the administration) can last no more than 10 school days in Minnesota. If it is longer than 5 days, the administrator must give the superintendent a reason. Before the suspension, the school must hold an 'informal administrative conference' with the student. At that meeting, the administrator tells the student the grounds, explains the evidence, and lets the student tell their side. The only exception is an immediate and serious danger, and then the conference happens as soon as it can.

The student gets a written notice at or before the suspension starts, with the facts and a readmission plan (the plan for coming back). Parents get it by mail within 48 hours. A suspended student must be allowed to complete all assigned schoolwork and get full credit for it. If the suspension runs more than 5 school days in a row, the school must provide alternative education services.

An expulsion in Minnesota can keep a student out for up to 12 months. No exclusion or expulsion can happen without a hearing unless the student and a parent give up that right in writing. The written notice must list the witnesses and tell the family they can bring a representative, including a lawyer, see the student's records, present evidence, and question witnesses. The hearing must be scheduled within 10 days of the notice. The student cannot be forced to testify.

There is also a limit for young children. Under section 121A.425, students in preschool through grade 3 generally cannot be suspended or expelled. An expulsion is allowed only after other supports have been tried and there is an ongoing serious safety threat.

These rules build on Goss v. Lopez (1975). In that case the U.S. Supreme Court held that a public school must give a student notice of the charges and a chance to tell their side before a suspension of 10 days or less.

Minnesota's Safe and Supportive Minnesota Schools Act requires every public school district to have a bullying policy with a named primary contact person. The policy must begin an investigation within three school days of a report and must say how the school will respond, including stepping in right away to protect the targeted student.

Minnesota also has a student journalism law, section 121A.80. It says students in grades 6 through 12 who work on school-sponsored media have freedom of speech and of the press, including political views, and a school cannot discipline them for using that right. It does not protect material that is defamatory, breaks the law, or causes a substantial disruption. Districts must post a student journalist policy on their website.