SF 1329

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; specifying student conduct as 
  1.3             grounds for dismissal or removal from class; amending 
  1.4             Minnesota Statutes 2000, sections 121A.45, subdivision 
  1.5             2, by adding a subdivision; 121A.61, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 121A.45, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [GROUNDS FOR DISMISSAL.] A pupil may be dismissed 
  1.10  on any of the following grounds: 
  1.11     (a) willful violation of any reasonable school board 
  1.12  regulation.  Such regulation must be clear and definite to 
  1.13  provide notice to pupils that they must conform their conduct to 
  1.14  its requirements; 
  1.15     (b) willful conduct that materially and 
  1.16  substantially significantly disrupts the rights of others to an 
  1.17  education, the ability of school personnel to perform their 
  1.18  duties, or school sponsored extracurricular activities; or 
  1.19     (c) willful conduct that endangers the pupil or other 
  1.20  pupils, or surrounding persons, including school district 
  1.21  employees, or property of the school. 
  1.22     Sec. 2.  Minnesota Statutes 2000, section 121A.45, is 
  1.23  amended by adding a subdivision to read: 
  1.24     Subd. 3.  [PARENT NOTIFICATION AND MEETING.] A school 
  1.25  district must provide telephone or written notification to the 
  2.1   parent or legal guardian of any student dismissed under this 
  2.2   section.  If a student has been dismissed on five or more 
  2.3   occasions or for a cumulative total of ten or more days, the 
  2.4   school district must convene a meeting with the parent, 
  2.5   surrogate parent, or legal guardian of the child for purposes of 
  2.6   determining the source of the behavior leading to dismissal and 
  2.7   the student's need for assessment, evaluation, or other services.
  2.8      Sec. 3.  Minnesota Statutes 2000, section 121A.61, 
  2.9   subdivision 2, is amended to read: 
  2.10     Subd. 2.  [GROUNDS FOR REMOVAL FROM CLASS.] The policy must 
  2.11  establish the various grounds for which a student may be removed 
  2.12  from a class in the district for a period of time pursuant 
  2.13  to under the procedures specified in the policy.  The policy 
  2.14  must include a procedure for notifying and meeting with a 
  2.15  student's parents to discuss the problem that is causing the 
  2.16  student to be removed from class after the student has been 
  2.17  removed from class more than ten times in one school year.  The 
  2.18  grounds in the policy must include at least the following 
  2.19  provisions as well as other grounds determined appropriate by 
  2.20  the board:  
  2.21     (a) willful conduct which materially and substantially that 
  2.22  significantly disrupts the rights of others to an education, 
  2.23  including conduct that interferes with a teacher's ability to 
  2.24  teach or communicate effectively with students in a class or 
  2.25  with the ability of other students to learn; 
  2.26     (b) willful conduct which that endangers surrounding 
  2.27  persons, including school district employees, the student or 
  2.28  other students, or the property of the school; and 
  2.29     (c) willful violation of any rule of conduct specified in 
  2.30  the discipline policy adopted by the board.