HF 3402

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/23/2022 12:19pm

A bill for an act
relating to education; prohibiting exclusion from recess as student discipline;
amending Minnesota Statutes 2020, section 120B.026; proposing coding for new
law in Minnesota Statutes, chapter 121A.

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

Section 1.

Minnesota Statutes 2020, section 120B.026, is amended to read:

120B.026 PHYSICAL EDUCATION; deleted text begin EXCLUSION deleted text end new text begin EXCUSAL new text end FROM CLASS deleted text begin ;
RECESS deleted text end .

A student may be excused from a physical education class if the student submits written
information signed by a physician stating that physical activity will jeopardize the student's
health. A student may be excused from a physical education class if being excused meets
the child's unique and individualized needs according to the child's individualized education
program, federal 504 plan, or individualized health plan. A student may be excused if a
parent or guardian requests an exemption on religious grounds. A student with a disability
must be provided with modifications or adaptations that allow physical education class to
meet their needs. deleted text begin Schools are strongly encouraged not to exclude students in kindergarten
through grade 5 from recess due to punishment or disciplinary action.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 2.

new text begin [121A.611] RECESS.
new text end

new text begin A teacher, school employee, or other agent of a district or charter school must not exclude
a student in elementary school from participation in recess to punish or otherwise discipline
the student.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end