HF 271

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/25/2023 05:22pm

A bill for an act
relating to education; providing for nonexclusionary discipline; amending
Minnesota Statutes 2022, section 121A.61, by adding a subdivision; 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 2022, section 121A.61, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin School supports. new text end

new text begin (a) A school board is strongly encouraged to adopt a policy
that promotes the understanding in school staff that when a student is unable to meet adult
expectations it is often because the student lacks the skills to respond to a situation
appropriately. A school district must support school staff in using tiered interventions that
teach students skills and prioritize relationships between students and teachers.
new text end

new text begin (b) A school board is strongly encouraged to adopt a policy that discourages teachers
and staff from reacting to unwanted student behavior with approaches that take away the
student's opportunity to build skills for responding more appropriately.
new text end

Sec. 2.

new text begin [121A.611] RECESS AND OTHER BREAKS.
new text end

new text begin (a) "Recess detention" as used in this chapter means excluding or excessively delaying
a student from participating in a scheduled recess period as a consequence for student
behavior. Recess detention does not include, among other things, providing alternative
recess at the student's choice.
new text end

new text begin (b) A school district or charter school is encouraged to ensure student access to structured
breaks from the demands of school and to support teachers, principals, and other school
staff in their efforts to use evidence-based approaches to reduce exclusionary forms of
discipline.
new text end

new text begin (c) A school district or charter school must not use recess detention unless:
new text end

new text begin (1) a student causes or is likely to cause serious physical harm to other students or staff;
new text end

new text begin (2) the student's parent or guardian specifically consents to the use of recess detention;
or
new text end

new text begin (3) for students receiving special education services, the student's individualized education
program team has determined that withholding recess is appropriate based on the
individualized needs of the student.
new text end

new text begin (d) A school district or charter school must not withhold recess from a student based on
incomplete homework.
new text end

new text begin (e) A school district or charter school must require school staff to make a reasonable
attempt to notify a parent or guardian within 24 hours of using recess detention.
new text end

new text begin (f) A school district or charter school must compile information on each recess detention
at the end of each school year, including the student's age, grade, gender, race or ethnicity,
and special education status. This information must be available to the public upon request.
A school district or charter school is encouraged to use the data in professional development
promoting the use of nonexclusionary discipline.
new text end

new text begin (g) A school district or charter school must not withhold or excessively delay a student's
participation in scheduled mealtimes. This section does not alter a district or school's existing
responsibilities under section 124D.111 or other state or federal law.
new text end