The grid below identifies specific Level I offenses and the manner in which personnel are expected to respond to Level I offenses.

RPS Expectation	Violation of Expectation	Response to Violation
Be Safe	Horseplay and play fighting Inappropriate physical contact with another person	For Level I violations, school personnel are expected to respond to the behavior by: Reteaching positive expectations Having an individual student conference to discuss the behavior Additional tools that may be used in the classroom to address Level I behaviors include the following: Buddy room intervention Check in/Check out Communication with a parent or guardian Creating a behavior contract that includes expected behaviors, consequences for infractions, and incentives for demonstrating positive behaviors Fix-it plans/restorative justice strategies Having the student choose a method of apologizing or making amends to those harmed or offended by the student’s behavior Loss of privileges Mediation Nonverbal classroom management strategies Providing a reflective activity Seat change Taking a break
Be Respectful	Failure to follow instructions Dress code violation Leaving class without permission Inappropriate language Teasing and name-calling
Be Responsible	Cheating and plagiarism  Dishonesty Misuse of property Misuse of technology Tardiness

Since Level I offenses are intended to be addressed in the classroom, RPS expects that classroom teachers will attempt to reteach expectations and conduct an individual student conference for any Level I offense. School personnel may also employ the other strategies outlined in the chart above as appropriate under the circumstances of a specific situation. While responses to Level I infractions will be designed to address student behavior without removing the student from class wherever possible, there are circumstances in which a Level I offense may result in an office referral. School personnel may make an office referral for Level I behavior under the following circumstances:

• Repeated Level I Offenses - School personnel may make an office referral for a Level I offense if a student has engaged in the same Level I behavior on multiple occasions, the student’s parent or guardian has been involved in efforts to address the student’s behavior, and school personnel have exhausted appropriate options for classroom interventions. Prior to making a referral for repeated Level I behavior, school personnel will do the following: (1) attempt to reteach positive behavior expectations, (2) conduct an individual conference with the student, and (3) communicate with student’s parent or guardian regarding the student’s behavior.
• Level I Offenses that Involve Level II Behaviors - If a Level I offense includes behavior that falls within a defined Level II offense, the offense will be treated as a Level II offense. For example, misuse of technology is generally considered a Level I offense. However, if a student’s misuse of technology includes behavior that would constitute cyberbullying, harassment, or another Level II offense, the violation will be treated as a Level II offense.
• Special Circumstances - RPS does not expect school personnel to allow a student to remain in the classroom if the student’s presence would result in a risk of harm to persons or property or significantly disrupt the educational environment in the classroom. For example, if a student engages in the Level I offense of play fighting and continues to engage in the behavior despite efforts to employ interventions, personnel may make an office referral in order to prevent the student from disrupting other students’ rights to receive an education. In addition, a Level I offense will be treated as a Level II offense if a student’s behavior results in bodily injury to the student or another individual. If school personnel make an office referral based on special circumstances, RPS administration expects that the individual who made the referral will be able to explain, upon an administration’s request, (1) what classroom interventions were implemented before the office referral was made; (2) why it was determined that additional classroom interventions would not be successful; and (3) the specific basis for why school personnel believed an office referral was necessary.

The grid below identifies specific Level II offenses and the manner in which site administrators are expected to respond to Level II offenses after an investigation has been completed.

RPS Expectation	Violation of Expectation	Response to Violation
Be Safe	Arson Fighting Gang activity Possession of weapons, explosives, incendiary devices, or any type of combustible substance Physical aggression Threats of violence	Any of the responses outlined in the Level I grid may be utilized by building administrators in response to a Level II violation. These responses include, but are not limited to: Reteaching positive expectations Having an individual student conference to discuss the behavior Communicating with family In addition, the following interventions may be utilized: Administrative removal from school for less than one day Conference with student Consultation with or direct service from support staff, such as a counselor, equity specialist, social worker or behavior specialist Expulsion In-School Suspension Interim Alternative Educational Placement Out-of-School Suspension Referral for additional support services Referral to Student Intervention Team Restitution
Be Respectful	Abusive language Bullying Discrimination Harassment Hazing Illegal conduct Sexual assault Substantial interruption to the learning environment Trespassing
Be Responsible	Possession, distribution or use of alcohol, drugs, and tobacco or paraphernalia Property damage Sexual misconduct Theft

• CST, Special Education, and Section 504 Referrals -  Referrals to a Child Study Team (CST), as well as referrals for Special Education and Section 504 evaluations, will be made in accordance with applicable legal requirements and procedures established by the RPS Student Services Department. Families and RPS personnel may contact the Student Services Department at (507) 328-4310 with questions related to the referral process.
• In-School Suspension - In-School Suspension (ISS) will be considered as a consequence for a Level II behavior when a building principal, in consultation with instructional staff, has determined that a student’s behavior warrants removing a student from the classroom environment because (1) the student has failed to respond to interventions designed to address prior behavior issues without removing the student from class or (2) it is necessary to temporarily remove the student from classes in order to prevent a disruption to the learning environment. ISS takes place in the regular school building and in a location outside of the general classroom setting. In this setting, students are given a quiet environment which is supervised throughout the day by school staff. Teachers are responsible for providing work for each individual student to complete during the day. During their time in ISS, students will have access to materials to support their learning. Teachers, social workers, and other school personnel are able to meet one-on-one with students during their time in ISS.

School Board Policy 506, consistent with Minnesota law, allows RPS personnel to remove a student from class based upon the following grounds:

a. 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;
b. Willful conduct that endangers surrounding persons, including school district employees, the student or other students, or the property of the school;
c. Willful violation of any rule of conduct specified in the discipline policy adopted by the board; and
d. Other special circumstances in which a student’s presence in the classroom would result in a risk of harm to persons or property or significantly disrupt the educational environment in the classroom.

Under Minnesota law, a student must be removed from class immediately if the student engages in assault or violent behavior. An “assault” is (1) an act done with intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another.

• Interim Alternative Educational Placements -  RPS may unilaterally change the student’s educational placement for a student receiving special education services / 504 plan up to 45 school days if the student:

a. Possesses a dangerous weapon at school, on school premises, or at a school function;
b. Carries a dangerous weapon to school, on school premises, or at a school function;
c. Knowingly possesses or uses illegal drugs at school, on school premises, or at a school function;
d. Sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function;
e. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function.

The IEP team determines the interim alternative educational setting at which the student will be placed. Even though this is a temporary change, the setting must allow the student:

a. To continue to progress in the general curriculum, although in a different setting;
b. To continue to receive those services and modifications, including those described in the student’s IEP, that will help the student meet his or her IEP goals; and
c. Include services and modifications designed to prevent the behavior from recurring.

If the student is placed in an interim alternative educational setting, an IEP team meeting must be convened within ten school days of the decision. At this meeting, the team must discuss the behavior and its relationship to the student’s disability, review evaluation information regarding the behavior, consider teacher observations, parent/guardian input, and determine the appropriateness of the student’s IEP and any behavior plan.

• Out-of-School Suspension - Minnesota law allows RPS to impose an out-of-school suspension whenever a student engages in the following: (1) Willful violation of any school board regulation. Such regulation must be clear and definite to provide notice to students that they must conform their conduct to its requirements; (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 district employees, or property of the school.

RPS administration strives to avoid out-of-school suspensions when other interventions may effectively address a student’s behavior. To that end, RPS administrators generally reserve out-of-school suspensions for the following situations:

• Possession or distribution of drugs or alcohol;
• Possession of a weapon or incendiary device; and
• A Level II offense resulting in bodily or emotional harm. 

“Bodily or emotional harm” means physical or emotional pain or injury, illness, or any impairment of physical or emotional condition. RPS reserves the right to impose an out-of-school suspension in situations where it is determined that other interventions or consequences would not be an effective means to address behavior concerns. Prior to imposing an out-of-school suspension, that is not one of the three defined situations, building administrators must contact the RPS Executive Director of Elementary and Secondary Education, or the designee communicated to administrators at the beginning of each school year, to determine whether any similar situations have occurred in the past and, if so, how RPS has responded to previous similar situations.

The first suspension a student receives will typically be between one and three days. Subsequent suspensions for the same conduct may be up to ten days in duration. A general education student may be suspended for up to fifteen days in cases involving a proposed expulsion. Specific requirements addressing suspensions of special education students are outlined in the Appendix to this Handbook.

• Expulsion - Under Minnesota law, an “expulsion” is an action by the RPS School Board to prohibit an enrolled student from further attendance at school for up to twelve months.

Minnesota law allows RPS to pursue expulsion whenever a student engages in the following: (1) Willful violation of any school board regulation. Such regulation must be clear and definite to provide notice to students that they must conform their conduct to its requirements; (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 district employees, or property of the school.

Minnesota law requires RPS to pursue expulsion when a student is in possession of a firearm on school grounds. See Minn. Stat. § 121A.44. In other situations, no administrator may move forward with a proposed expulsion unless the RPS Superintendent has reviewed the facts underlying the proposed discipline and has authorized an expulsion. In addition, all expulsions must be specifically authorized by the RPS School Board in accordance with the procedures outlined in Minnesota’s Pupil Fair Dismissal Act. See Minn. Stat. § 121A.47.

The RPS administration will consider pursuing an expulsion or exclusion in any situation where a student was selling or distributing drugs or alcohol, a student was in possession of a weapon or incendiary device, or a student’s continued attendance in RPS schools may result in a significant likelihood of bodily or emotional harm to the student or other individuals, a risk of legal liability for RPS or any RPS employees, or in other unique circumstances where it is determined that other interventions or consequences would not be an effective means to address the student’s behavior.

Minnesota law also allows RPS to impose disciplinary action that is similar to an expulsion when an individual who has engaged in misconduct seeks to enroll in a RPS school. This disciplinary action is called an “exclusion.” An exclusion is an action taken by the RPS School Board to prevent enrollment or re-enrollment of a student for a period that must not extend beyond the school year. RPS applies the same standards to exclusions as it does to expulsions.

• Alternative Educational Services and Readmission Plans -  Minnesota law generally requires RPS to attempt to provide alternative educational services to a student before it imposes a suspension, expulsion, or exclusion. This requirement does not apply in situations where it appears a student will create an immediate and substantial danger to the student, to surrounding persons, or to property. RPS also will offer alternative educational services to a student with a disability to the extent the student receives a suspension that exceeds five days. If a student is suspended pending an expulsion proceeding, RPS will offer alternative educational services beginning on the sixth day of suspension.

Minnesota law provides that alternative educational services may include, but are not limited to, special tutoring, modified curriculum, modified instruction, other modifications or adaptations, instruction through electronic media, special education services as indicated by appropriate assessment, homebound instruction, supervised homework, or enrollment in another district or in an alternative learning center selected to allow the pupil to progress toward meeting graduation standards in a different setting. See Minn. Stat. § 121A.41, subd. 11.

When RPS offers alternative educational services, RPS will offer the services that RPS deems most appropriate in light of available RPS resources and a particular student’s behaviors and needs.

In situations where a student is suspended, expelled, excluded, placed in an alternative disciplinary setting, or incarcerated as a direct result of RPS’s referral of the student to law enforcement, RPS staff will schedule a readmission conference before the student transitions back into the regular school community. During the readmission conference, staff will consider whether it would be appropriate to develop a readmission plan, which may include the provision of alternative educational services. As required by Minnesota law, RPS staff will develop a readmission plan for a student who has been expelled or excluded from school in accordance with the Pupil Fair Dismissal Act. The plan may include measures to improve the student’s behavior and require parent or guardian involvement in the admission or readmission process. The plan may also indicate consequences if the student does not improve his or her behavior.

Below are frequently asked questions about RPS discipline:

	IEP Team Meeting Required	Manifestation Determination Required 1	Functional Behavioral Assessment Plan Required 2	Alternative Education Services Required
Student removed for one school day or less	No*	No*	No*	No*
Student suspended for less than five consecutive school days or less	No*	No*	No*	No*
Student suspended for six or more consecutive school days	Yes	No*	No*	Yes
Student removed for 10 cumulative days or less in a school year or more	No*	No*	No*	No*
Student removed for 11 cumulative days in a school year or more	Yes	Yes	Yes	Yes
Student placed on in-school suspension	No**	No**	No**	No**
Student suspended from the bus	Depends***	Depends***	Depends***	Depends***

¹ “Manifestation Determination” is a process to determine if a student’s behavior problem was or was not a manifestation of the student’s disability.

² A “Functional Behavioral Assessment” is a process for gathering information to understand the structure and function of a student’s behavior(s) in order to develop an effective and efficient behavioral support plan that teaches and encourages alternative behaviors.

* Unless the student has been removed 11 or more cumulative days in a school year. Minn. Stat. 121A.43(a).

** In-school suspension is not considered a day of suspension for a student with a disability as long as the student continues to receive regular and special education services during the in-school suspension.

*** If bus transportation is part of the student’s IEP, a bus suspension would be treated as a removal unless the school provides transportation in some other way, because that transportation is necessary for the student to obtain access to the location where all other services will be delivered. If bus transportation is not a part of the student’s IEP, a bus suspension typically would not be a removal.

The Family Educational Rights and Privacy Act (“FERPA”) affords parents and students who are 18 years of age or older (“eligible students”) certain rights with respect to the student’s education records. These rights are:

1. The right to inspect and review the student’s education records within forty-five (45) days after the day the District receives a request for access.
   
   Parents or eligible students who wish to inspect their child’s or their education records should submit to the District a written request that identifies as precisely as possible the records they wish to inspect. Since the Minnesota Government Data Practices Act (“MGDPA”) outlines a shorter time period for responding to a records request made by the subject of the records, the District will respond to the written request immediately, if possible, or within ten (10) days (excluding weekends and legal holidays), and arrange for inspection and review at one District site at a mutually agreeable time during normal business hours. If a parent or eligible student requests copies of records, the District reserves the right to impose a copying charge to the extent permitted by law. Requests to inspect records should be submitted to the District’s Superintendent, who acts as the “Responsible Authority” pursuant to the MGDPA.


2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
   
   Parents or eligible students who wish to ask the District to amend their child’s or their education record should submit to the District a written request that clearly identifies the item the requestor believes to be inaccurate, misleading or in violation of the privacy or other rights of the student; states the reason for this belief; and specifies the correction the requestor wishes the District to make. The request must be signed and dated by the requestor. The request should be submitted to the District’s Superintendent.
   
   The District will decided whether to amend the record within thirty (30) days of receipt of the request. If the District decides not to amend the record as requested by the parent or eligible student, the District will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.


3. The right to provide written consent before the District discloses personally identifiable information (“PII”) from the student’s education records, except to the extent that federal and state law authorize disclosure without consent.
   
   One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official includes: (a) a person duly elected to the School Board; (b) a person employed by the School Board in an administrative, supervisory, instructional or other professional position; (c) a person employed by the School Board as a temporary substitute in a professional position for the period of his or her performance as a substitute; and (d) a person employed by, or under contract to, the School Board to perform a special task such as a secretary, a clerk, as public information officer or data practices compliance official, an attorney, or an auditor for the period of his or her performance as an employee or contractor. A school official has a legitimate educational interest if the interest directly relates to classroom instruction, teaching, student achievement and progress, discipline of a student, student health and welfare, and the ability to respond to a request for education data.
   
   A legitimate educational interest includes, but is not limited to, a person’s need to know in order to: (1) perform an administrative task required in the person’s contract or position description; (2) perform a supervisory or instructional task directly related to the student’s education; (3) perform a service or benefit for the student or student’s family such as health care, counseling, student job placement or student financial aid; and (4) perform a task directly related to responding to a request for data.
   
   Upon request, the District discloses education records without consent to officials of another school, school district, or institution of post-secondary education in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.


4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202

This is a required information notice regarding how Rochester Public Schools has defined public directory information, how Rochester Public Schools will share basic contact information with military recruiters and post-secondary institutions, and how families may exercise the right to “opt out” of certain information sharing. Please take a moment to read this information, and if you wish to make your student’s directory information private or limit the disclosure of information on your student to military recruiters and postsecondary institutions, you will need to complete the appropriate forms by October 1.

Consistent with State and Federal law, School Board Policy 515 designates “directory information” as information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to: the student’s name, address, telephone listing, photograph, digital image, date and place of birth, major field of study, dates of attendance, grade level, enrollment status (i.e. full-time or part-time), participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards received, and the most recent educational agency or institution attended. It also includes the name, address and telephone number of the student’s parent(s). Directory information does not include personally identifiable data which references religion, race, color, social position, nationality; social security numbers; student I.D. numbers, user IDs or other unique personal identifiers that may be used to access educational records without the use of one or more factors that authenticate the student’s identity; or data collected from nonpublic school students, other than those who receive shared time educational services, unless written consent is given by the student’s parent or guardian.

Procedure for Making Any Student’s Directory Information Private

Directory information is classified as public information, unless a family completes an “opt out” form requesting some or all directory information to be treated as private. The parent or eligible student must complete Form 515A1 Notice of Right to Refuse Release of Public Data which will provide written notice to the Office of Registration & Records and will include the following:

1. Name of the student and/or parent, as appropriate
2. Home address
3. School presently attended by student
4. Parent’s legal relationship to student, if applicable
5. Specific categories of directory information to be made not public without the parent’s or eligible student’s prior written consent, which will only be applicable for that school year

Disclosure of Data to Military Recruitment Officers and Post-Secondary Educational Institutions

The School District will release the names, addresses, and home telephone numbers of secondary students in grades 11 and 12 to military recruiting officers and post-secondary educational institutions within sixty (60) days after the date of the request unless a parent or eligible student has refused in writing to the release of information to military recruiters and post-secondary institutions. Data released to military recruiting officers under this provision: 1) may be used only for the purpose of providing information to students about military service, state and federal veterans’ education benefits, and other career and educational opportunities provided by the military; and 2) cannot be further disseminated to any other person except personnel of the recruiting services of the armed forces.

A parent or eligible student has the right to refuse the release of the name, address, or home telephone number to military recruiting officers and post-secondary educational institutions. To refuse the release of the above information to military recruiting officers and post-secondary educational institutions, a parent or eligible student must complete Form 515A2 Notice of Right to Refuse Release of Public Data to Military Recruiters and/or Post Secondary Institutions which will provide written notice to the Office of Registration & Records and will include the following:

1. Name of student and parent, as appropriate
2. Home address
3. Student’s grade level
4. School presently attended by student
5. Parent’s legal relationship to student, if applicable
6. Specific category or categories of information which are not to be released to military recruiters and post-secondary educational institutions
7. Specific category or categories of information which are not to be released to the public, including military recruiters and post-secondary educational institutions.
8. Even if a family or eligible student completes a Form 515A2, the District will still disclose without consent to officials of another school, school district, or institution of post-secondary education in which a student seeks or intends to enroll, or is already enrolled if the disclosure for purposes of the student’s enrollment or transfer.

Completed forms may be faxed to (507) 281-6086, or emailed to the Office of Registration and Records, or dropped off at the Edison Administration Building, Registration and Records Department, 615 7^th Street SW, Rochester, MN 55902.

• Form 515A1 Notice of Right to Refuse Release of Public Data
• Form 515A2 Notice of Right to Refuse Release of Public Data to Military Recruiters and/or Post Secondary Educational Institutions