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03 March 2022

MDE Discipline Updates for 2021 School Year and Beyond


MDE has made updates to the Discipline codes that they want reported for the 2021-2022 school year and beyond. We have gone into your district and removed the codes that are no longer applicable and added/updated with the new codes. The only actions needed from you are to ‘Include in TeacherVUE’ if applicable and let appropriate staff know of the change. If you have any questions or concerns, please reach out to Kadie Stoltz and Cassy Peterson.
 
The updates are as follows and includes the definition from MDE:
 
Removed Codes/No Longer Reporting:
Computer (07)
Harassment (12)
Bullying (25)
And Cyberbullying (27)
 
Added Codes:

Academic Dishonesty (30) - Intentional behavior including, but not limited to, plagiarism, copying another’s work, cheating, or altering records.
 
Bullying/Harassment (includes Cyberbullying) (31) (with subcategories below) Victim is Required - Report conduct that meets the definition of bullying or cyberbullying under Minnesota statute and/or the definition of “harassment or bullying” provided by the U.S. Department of Education’s Civil Rights Data Collection (CRDC). Minnesota Statutes, section 121A.031, subd. 2: (e) “Bullying" means intimidating, threatening, abusive, or harming conduct that is objectively offensive and: (1) there is an actual or perceived imbalance of power between the student engaging in prohibited conduct and the target of the behavior and the conduct is repeated or forms a pattern; or (2) materially and substantially interferes with a student's educational opportunities or performance or ability to participate in school functions or activities or receive school benefits, services, or privileges. (f) "Cyberbullying" means bullying using technology or other electronic communication, including but not limited to a transfer of a sign, signal, writing, image, sound, or data, including a post on a social network Internet website or forum, transmitted through a computer, cell phone, or other electronic device. (g) Intimidating, threatening, abusive, or harming conduct may involve, but is not limited to, conduct that causes physical harm to a student or a student's property or causes a student to be in reasonable fear of harm to person or property; under Minnesota common law, violates a student's reasonable expectation of privacy, defames a student, or constitutes intentional infliction of emotional distress against a student; is directed at any student or students, including those based on a person's actual or perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex, marital status, familial status, socioeconomic status, physical appearance, sexual orientation, including gender identity and expression, academic status related to student performance, disability, or status with regard to public assistance, age, or any additional characteristic defined in chapter 363A. However, prohibited conduct need not be based on any particular characteristic defined in this paragraph or chapter 363A. According to the CRDC: “bullying or harassment” refers to intimidation or abusive behavior toward a student based on an actual or perceived characteristic (see specific definitions as applicable). Harassing conduct may take many forms, including verbal acts and name-calling, as well as non-verbal behavior, such as graphic and written statements, or conduct that is physically threatening, harmful or humiliating.

 

  • Disability - intimidation or abusive behavior toward a student based on actual or perceived disability. Race, Color, or National Origin - - intimidation or abusive behavior toward a student based on actual or perceived race, color or national origin (including ancestry and ethnicity).
     
  • Religion - intimidation or abusive behavior toward a student based on actual or perceived religion. (NOTE: definition will reference the religions included in the CRDC definition as provided by the CRDC)
     
  • Sex -harassment or bullying based on sex stereotyping includes acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex stereotyping, but not involving conduct of a sexual nature. All students can be victims of harassment or bullying on the basis of sex, and the harasser or bully and the victim can be of the same sex.
     
  • Sexual Orientation - intimidation or abusive behavior toward a student based on actual or perceived
    sexual orientation.

     
  • Gender Identity - – intimidation or abusive behavior toward a student whose gender identity, defined as a person’s inherent sense of gender, whether masculine, feminine, or another gender, whether or not their gender identity corresponds to their sex assigned at birth. Gender identity is internal and may not necessarily be visible to others.
     
  • Sexual Harassment  - unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct or communication of a sexual nature.
     
  • Socioeconomic Status - intimidation or abusive behavior toward a student based on actual or perceived socioeconomic or public assistance status
     
  • Other - intimidation or abusive behavior toward a student based on actual or perceived immigration status, marital status, familial status, academic status related to student performance, age, physical appearance or any other characteristic.
     
  • Unknown

 
Physical Contact (32) - Intentional or unintentional physical contact between a student and another individual or individuals that is not age-appropriate and may or may not involve harm (ex., non-age appropriate pushing/shoving, hitting, knocking other individuals over, play fighting). This is distinct from actual fighting.
 
Technology (33) (with subcategories below) - Unauthorized access to or interception of data or systems, and other violations of the school district’s technology policy.
                Personal Device
                School Device
 
On School Property without Permission (34) - Being on school property without permission, including while suspended or expelled; includes breaking and entering.
 
Added Additional Options for Illegal Drugs (13)

 

  • Possession - possession of an illegal drug on school grounds or during off-campus school activities (including while taking school transportation)
     
  • Use - use of an illegal drug on school grounds or during off-campus school activities (including while taking school transportation)
     
  • Sale/Distribution - selling, distributing, or seeking to sell an illegal drug on school grounds or during off-campus school activities (including while taking school transportation)
     

Request/Solicitation - seeking an illegal drug on school grounds or during off-campus school activities (including while taking school transportation) 
 

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