Laws regarding school discipline and punishment vary from state to state; from school district to school district; and between public schools, private schools, and charter schools. School discipline and punishment laws are generally located in a state’s statutes (often in the Education Code) and further defined in a specific school’s policies and procedures. Federal laws may also apply in particular school discipline contexts. And state and federal criminal laws may apply to certain student conduct that occurs on school property or at school-sponsored events.
Exclusionary discipline is any type of school discipline that removes or excludes a student from their usual educational setting. Two of the most common exclusionary discipline actions are suspension and expulsion.
Corporal punishment is the use of physical force—usually paddling or spanking—to punish a student for misbehavior. Corporal punishment against students is legal in approximately 19 states but is controversial and the subject of proposed state and federal legislation to limit or prohibit its use.
In Minnesota, school discipline and punishment are governed by state statutes found in the Minnesota Education Code and are further detailed in the policies and procedures of individual school districts, whether they are public, private, or charter schools. Federal laws, such as the Individuals with Disabilities Education Act (IDEA), also play a role in how students with disabilities are disciplined. Minnesota law prohibits corporal punishment in all schools, as outlined in Minnesota Statutes Section 121A.58, which states that 'no teacher, administrator, employee, or agent of a public or private school shall inflict corporal punishment upon a pupil.' Exclusionary discipline actions such as suspension and expulsion are regulated by Minnesota Statutes Sections 121A.40 to 121A.56, which provide guidelines on the due process rights of students, the length of suspensions, and the procedures for expulsions and exclusions. Additionally, state and federal criminal laws may apply to student conduct that occurs on school property or at school-sponsored events.