MINUTES SPECIAL MEETING OF THE BOARD OF EDUCATION – ISD #361 03/12/12

MINUTES SPECIAL MEETING OF THE BOARD OF EDUCATION – ISD #361

INTERNATIONAL FALLS, MINNESOTA

Monday, March 12, 2012  7:00 a.m.

Falls High School Library

1.0    CALL MEETING TO ORDER:  Meeting was called to order by Chairperson Stuart Nordquist at 7:00 a.m.

2.0    ROLL CALL:  Members present were Stuart Nordquist, Mark Lassila, Dena Wenberg, Will Kostiuk and Michelle Hebner.  Also present was Superintendent Jeff Peura.  Member absent was Darrell Wagner.

3.0    PLEDGE OF ALLEGIANCE

4.0    APPROVAL OF AGENDA:

    Moved by M. Hebner, seconded by D. Wenberg to approve the agenda as presented.  Motion carried by a unanimous vote.

5.0    ADOPT A RESOLUTION TO EXPEL STUDENT “A”:

    Member Will Kostiuk introduced the following Resolution and moved its adoption:

RESOLUTION EXPELLING A STUDENT “A”

    WHEREAS, on March 2, 2012, the Administration personally served a student and his parents with written notice that the Administration was initiating action to expel the student from the schools of Independent School District No. 361, International Falls;

    WHEREAS, the written notice stated both the statutory grounds and the factual basis for the proposed expulsion;

    WHEREAS, the written notice informed the student and the parents of their rights including, but not limited to, their right to a hearing to contest the proposed expulsion;

    WHEREAS, the written notice also informed the student and the parents that they could waive the right to a hearing in writing;

    WHEREAS, the written notice stated that the Administration would take its recommendation of expulsion directly to the Board for official action if the student and the parents waived their right to a hearing;

    WHEREAS, the written notice further stated that by waiving the right to a hearing, the student and his parents would be waiving their right to contest the Administration’s recommendation of expulsion and any right to appeal from the action taken by the Board;

    WHEREAS, the written notice of intent to expel complied with the Minnesota Pupil Fair Dismissal Act, including Minnesota Statutes Section 121A.47, subdivision 2;

    WHEREAS, the written notice of intent to expel is classified as private educational data;

    WHEREAS, the student and the parents have signed a written waiver of the right to a hearing on the proposed expulsion of the student from the school for twelve calendar months; and

    WHEREAS, the Administration has presented the statutory grounds and factual basis for the proposed expulsion to the Board in closed session;

    NOW, THEREFORE, BE IT RESOLVED by the Board of Independent School District No. 361, International Falls as follows:

    1.    The Board hereby expels the student from the schools of Independent School District No. 361, International Falls for the period of March 12, 2012 through March 12, 2013.  The student may return to the school on March 13, 2013.  

    2.    As the basis for its decision to expel the student, the School Board hereby adopts the facts and conclusions stated in the written notice of intent to expel, which was served on the student and his parents on March 2, 2012.   The student engaged in conduct that endangered the student, other students, and staff, by possessing a weapon in school.  The student’s conduct violated reasonable School Board regulations, disrupted the rights of others to an education, and disrupted the ability of school personnel to perform their duties.  The best interests of the School demand that the student be expelled for the period of March 12, 2012 through March 12, 2013.  Expulsion for a period of one year is necessary to protect the safety of other students and staff; to provide an environment that is conducive to learning; and to deter such conduct from occurring in the future.   

    3.    The Board hereby finds and concludes that the student’s conduct meets all three of the independent statutory grounds for the expulsion: willful violation of reasonable School regulations that are sufficiently clear and definite to provide notice to pupils that they must conform their conduct to the regulations; willful conduct that significantly disrupted the rights of others to an education; and willful conduct that endangered the pupil or other pupils, or surrounding persons, including school district employees.

    4.    During the period of expulsion, the student is prohibited from entering onto any School property.  The student is also prohibited from attending or participating in any school sponsored events or activities during the period of expulsion, regardless of whether such events or activities occur on School property or at another site.  

    5.    Alternative educational services are available to the student during the period of expulsion.  The student may enroll at a public school district, a charter school, an area learning center, or an appropriate alternative learning center.  The student may also arrange to receive educational services through an on-line learning program.  Additionally, the parents may home school the student or enroll him at a private school at their expense.  The Administration will assist the student and his parents in exploring the alternative educational services that are available during the period of expulsion.  

    6.    The Principal, or her designee, is directed to serve a copy of this Resolution on the student and his parents.

    7.    The Principal, or her designee, is directed to notify the Commissioner of the Minnesota Department of Education of this expulsion, as required under Minnesota Statutes Section 121A.53.

    Member Michelle Hebner seconded the foregoing Resolution and upon a vote being taken thereon, the following voted in favor of the Resolution:  Mark Lassila, Will Kostiuk, Dena Wenberg, Stuart Nordquist and Michelle Hebner.

    And the following voted against the Resolution: none

    Whereupon said Resolution is declared duly passed and adopted.

    Dated:  March 12, 2012    ___________________________________

                    School Board Chair

6.0    ADOPT A RESOLUTION TO EXPEL STUDENT “B”:

    Member Dena Wenberg introduced the following Resolution and moved its adoption:

RESOLUTION EXPELLING A STUDENT “B”

    WHEREAS, on March 2, 2012 the Administration personally served a student and his parent with written notice that the Administration was initiating action to expel the student from the schools of Independent School District No. 361, International Falls;

    WHEREAS, the written notice stated both the statutory grounds and the factual basis for the proposed expulsion;

    WHEREAS, the written notice informed the student and the parent of their rights including, but not limited to, their right to a hearing to contest the proposed expulsion;

    WHEREAS, the written notice also informed the student and the parent that they could waive the right to a hearing in writing;

    WHEREAS, the written notice stated that the Administration would take its recommendation of expulsion directly to the Board for official action if the student and the parents waived their right to a hearing;

    WHEREAS, the written notice further stated that by waiving the right to a hearing, the student and his parent would be waiving their right to contest the Administration’s recommendation of expulsion and any right to appeal from the action taken by the Board;

    WHEREAS, the written notice of intent to expel complied with the Minnesota Pupil Fair Dismissal Act, including Minnesota Statutes Section 121A.47, subdivision 2;

    WHEREAS, the written notice of intent to expel is classified as private educational data;

    WHEREAS, the student and the parent have signed a written waiver of the right to a hearing on the proposed expulsion of the student from the school for twelve calendar months; and

    WHEREAS, the Administration has presented the statutory grounds and factual basis for the proposed expulsion to the Board in closed session;

    NOW, THEREFORE, BE IT RESOLVED by the Board of Independent School District No. 361, International Falls as follows:

    1.    The Board hereby expels the student from the schools of Independent School District No. 361, International Falls for the period of March 12, 2012 through March 12, 2013.   The student may return to the school on March 13, 2013.

    2.    As the basis for its decision to expel the student, the School Board hereby adopts the facts and conclusions stated in the written notice of intent to expel, which was served on the student and his parent on March 2, 2012.  The student engaged in conduct that endangered the student, other students, and staff, by possessing a controlled substance in school.  The student’s conduct violated reasonable School Board regulations, disrupted the rights of others to an education, and disrupted the ability of school personnel to perform their duties.  The best interests of the School demand that the student be expelled for the period of March 12, 2012 through March 12, 2013.  Expulsion for a period of one year is necessary to protect the safety of other students and staff; to provide an environment that is conducive to learning; and to deter such conduct from occurring in the future.   

    3.    The Board hereby finds and concludes that the student’s conduct meets all three of the independent statutory grounds for the expulsion: willful violation of reasonable School regulations that are sufficiently clear and definite to provide notice to pupils that they must conform their conduct to the regulations; willful conduct that significantly disrupted the rights of others to an education; and willful conduct that endangered the pupil or other pupils, or surrounding persons, including school district employees.

    4.    During the period of expulsion, the student is prohibited from entering onto any School property.  The student is also prohibited from attending or participating in any school sponsored events or activities during the period of expulsion, regardless of whether such events or activities occur on School property or at another site.  

    5.    Alternative educational services are available to the student during the period of expulsion.  The student may enroll at a public school district, a charter school, an area learning center, or an appropriate alternative learning center.  The student may also arrange to receive educational services through an on-line learning program.  Additionally, the parent may home school the student or enroll him at a private school at their expense.  The Administration will assist the student and his parent in exploring the alternative educational services that are available during the period of expulsion.  

    6.    The Principal, or her designee, is directed to serve a copy of this Resolution on the student and his parent.

    7.    The Principal, or her designee, is directed to notify the Commissioner of the Minnesota Department of Education of this expulsion, as required under Minnesota Statutes Section 121A.53.

    Member Will Kostiuk seconded the foregoing Resolution and upon a vote being taken thereon, the following voted in favor of the Resolution: Will Kostiuk, Dena Wenberg, Mark Lassila, Michelle Hebner and Stuart Nordquist

    And the following voted against the Resolution: none

    Whereupon said Resolution is declared duly passed and adopted.

    Dated:  March 12, 2012    ___________________________________

                    School Board Chair

7.0    ADJOURNMENT

    Moved by M. Hebner, seconded by W. Kostiuk to adjourn the meeting at 7:04 a.m.  Motion carried by a unanimous vote.

                ______________________________

                Attest:  D. Wenberg, Clerk

The Journal

April 7, 2012