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Minutes of the Regular Meeting Board of Education, Independent ...

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PROPOSED<br />

EXPULSION OF<br />

PUPIL B<br />

WHEREAS, a hearing on <strong>the</strong> proposed expulsion/exclusion <strong>of</strong><br />

Pupil B was held before <strong>Independent</strong> Hearing Officer Steven R.<br />

Rutzick on April 2, 2008, in accordance with <strong>the</strong> Pupil Fair Dismissal<br />

Act; and<br />

WHEREAS, all <strong>Board</strong> members have ei<strong>the</strong>r attended <strong>the</strong><br />

hearing or reviewed <strong>the</strong> evidence adduced at <strong>the</strong> hearing along with<br />

all <strong>the</strong> files, records and proceedings <strong>the</strong>rein, including <strong>the</strong> Findings<br />

<strong>of</strong> Fact, Conclusions and Recommended Decision <strong>of</strong> <strong>the</strong> <strong>Independent</strong><br />

Hearing Officer which were received by <strong>the</strong> School District on<br />

April 4, 2008.<br />

NOW, THEREFORE, BE IT RESOLVED, by <strong>the</strong> School<br />

<strong>Board</strong> <strong>of</strong> ISD 279 – Osseo Area Schools that, based upon its<br />

complete review <strong>of</strong> <strong>the</strong> entire record <strong>of</strong> <strong>the</strong> proceedings herein, <strong>the</strong><br />

School <strong>Board</strong> finds that <strong>the</strong> Findings <strong>of</strong> Fact, Conclusions and<br />

Recommended Decision <strong>of</strong> <strong>the</strong> <strong>Independent</strong> Hearing Officer are<br />

supported by substantial evidence on <strong>the</strong> record as presented at <strong>the</strong><br />

hearing; and<br />

BE IT FURTHER RESOLVED, that <strong>the</strong> Findings <strong>of</strong> Fact,<br />

Conclusions and Recommended Decision <strong>of</strong> <strong>the</strong> <strong>Independent</strong> Hearing<br />

Officer attached hereto as “Exhibit A” be and hereby are adopted by<br />

<strong>the</strong> School <strong>Board</strong> as its Findings <strong>of</strong> Fact, Conclusions and Decision in<br />

this matter; and<br />

BE IT FURTHER RESOLVED, that upon <strong>the</strong> Findings <strong>of</strong><br />

Fact, Conclusions and Decision attached hereto as “Exhibit A,” Pupil<br />

B is hereby expelled/excluded as a student in <strong>the</strong> School District for<br />

twelve (12) months effective March 4, 2008; and<br />

BE IT FURTHER RESOLVED, that a copy <strong>of</strong> this Resolution<br />

and <strong>the</strong> attached Findings <strong>of</strong> Fact, Conclusions and Decision be<br />

immediately served by mail upon Pupil B and Pupil B’s parent; and<br />

BE IT FURTHER RESOLVED, that <strong>the</strong> Clerk <strong>of</strong> <strong>the</strong> School<br />

<strong>Board</strong> give written notice <strong>of</strong> expulsion/exclusion to Pupil B and Pupil<br />

B’s parent in substantially <strong>the</strong> same form as in Exhibit B attached<br />

hereto; and<br />

BE IT FURTHER RESOLVED, that pursuant to a proper<br />

request, ISD 279 – Osseo Area Schools, Osseo, Minnesota, shall<br />

provide copies <strong>of</strong> this Resolution. However, any release <strong>of</strong> said<br />

Resolution shall not include <strong>the</strong> exhibits which are attachments hereto<br />

as <strong>the</strong> School <strong>Board</strong> finds that such materials constitute private data<br />

on individuals pursuant to <strong>the</strong> Minnesota Government Data Practices<br />

Act, more specifically Minnesota Statutes Section 13.32. The<br />

Superintendent is specifically directed to maintain <strong>the</strong> private data<br />

classification <strong>of</strong> <strong>the</strong>se materials in accordance with all applicable<br />

state and federal laws, including <strong>the</strong> provisions <strong>of</strong> Minnesota Statutes,<br />

Chapter 13.<br />

The motion for <strong>the</strong> adoption <strong>of</strong> <strong>the</strong> foregoing Resolution was<br />

duly seconded by <strong>Board</strong> Member Nelson, and upon vote being taken<br />

<strong>the</strong>reon, <strong>the</strong> following voted in favor <strong>the</strong>re<strong>of</strong>: Steven Antolak, Kim<br />

Green, and John Nelson

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