§ 121A.47

In the Matter of the Expulsion of A.D. From United South Central Public Schools No. 2134 · 2016 1 citation

+ 1 more citation in this opinion.

In Re the Expulsion of N.Y.B. · 2008 12 citations

+ 12 more citations in this opinion.

In Re ZK · 2005 6 citations

OPINION PORITSKY, Judge.[*] Relators S.K. and Z.K. were expelled from respondent school district because they were involved in shooting another juvenile with a BB gun. The school board expelled both relators for periods of one year. On appeal from the Commissioner of Education's order affirming the school board's expulsion order, relators argue that the commissioner's decision must be reversed because (1) the hearing waivers were invalid and nullified the school board's decision; (2) the school district lacks jurisdiction over student acts occurring off school property and outside a school zone; (3) the commissioner's decision was based on insubstantial, conflicting, and inadmissible evidence; and (4) the expulsion decisions were arbitrary and capricious. We conclude that because the parents did not receive proper notice of the availability of free or low-cost legal assistance as required by Minn. Stat. § 121A.47, subd. 2(f)(1) (2004)[1], the hearing-waivers were invalid. Therefore, we reverse and remand.

OPINION PORITSKY, Judge.[*] Relators S.K. and Z.K. were expelled from respondent school district because they were involved in shooting another juvenile with a BB gun. The school board expelled both relators for periods of one year. On appeal from the Commissioner of Education's order affirming the school board's expulsion order, relators argue that the commissioner's decision must be reversed because (1) the hearing waivers were invalid and nullified the school board's decision; (2) the school district lacks jurisdiction over student acts occurring off school property and outside a school zone; (3) the commissioner's decision was based on insubstantial, conflicting, and inadmissible evidence; and (4) the expulsion decisions were arbitrary and capricious. We conclude that because the parents did not receive proper notice of the availability of free or low-cost legal assistance as required by Minn. Stat. § 121A.47, subd. 2(f)(1) (2004)[1], the hearing-waivers were invalid. Therefore, we reverse and remand.

OPINION PORITSKY, Judge.[*] Relators S.K. and Z.K. were expelled from respondent school district because they were involved in shooting another juvenile with a BB gun. The school board expelled both relators for periods of one year. On appeal from the Commissioner of Education's order affirming the school board's expulsion order, relators argue that the commissioner's decision must be reversed because (1) the hearing waivers were invalid and nullified the school board's decision; (2) the school district lacks jurisdiction over student acts occurring off school property and outside a school zone; (3) the commissioner's decision was based on insubstantial, conflicting, and inadmissible evidence; and (4) the expulsion decisions were arbitrary and capricious. We conclude that because the parents did not receive proper notice of the availability of free or low-cost legal assistance as required by Minn. Stat. § 121A.47, subd. 2(f)(1) (2004)[1], the hearing-waivers were invalid. Therefore, we reverse and remand.

+ 3 more citations in this opinion.

In re the Expulsion of Z.K. · 2005 5 citations

+ 5 more citations in this opinion.

In Re the Expulsion of E.J.W. From Independent School District No. 500 · 2001 4 citations

+ 4 more citations in this opinion.

Sagehorn v. Independent School District No. 728 · 2015 2 citations

+ 2 more citations in this opinion.

S.K. Ex Rel. L.K. v. Anoka-Hennepin Independent School District No. 11 · 2005 4 citations

+ 4 more citations in this opinion.