HF 3793

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; clarifying a student policy on cooperating and providing
educators with information about school matters; amending Minnesota Statutes
2006, section 121A.55.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 121A.55, is amended to read:

121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education shall promulgate guidelines to assist each
school board. Each school board shall establish uniform criteria for dismissal and adopt
written policies and rules to effectuate the purposes of sections 121A.40 to 121A.56.
The policies shall emphasize preventing dismissals through early detection of problems
and shall be designed to address students' inappropriate behavior from recurring. The
policies shall recognize the continuing responsibility of the school for the education of
the pupil during the dismissal period. The alternative educational services, if the pupil
wishes to take advantage of them, must be adequate to allow the pupil to make progress
towards meeting the graduation standards adopted under section 120B.02 and help prepare
the pupil for readmission.

(b) An area learning center under section 123A.05 may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.

(c) Each school district shall develop a policy and report it to the commissioner on
the appropriate use of peace officers and crisis teams to remove students who have an
individualized education plan from school grounds.

new text begin (d) Each school district must include in the student policies it annually disseminates
to students and their parents an expectation that students cooperate with educators and,
as educators and circumstances direct, provide information to educators on school
disciplinary, classroom, and other education and school matters, consistent with the due
process provisions of the Pupil Fair Dismissal Act. For purposes of this paragraph, the
requirements of section 13.04 apply only when a school administrator asks a student
to provide information that the school administrator reasonably believes may lead to
the student's expulsion.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end