1st Engrossment - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:24pm
A bill for an act
relating to education; requiring school safety assessment teams; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 121A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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"School safety assessment" means a fact-based
process using an integrated team approach that helps schools evaluate and assess potentially
threatening situations or students whose behavior may pose a threat to the safety of the
school, staff, or students.
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A school board must adopt a policy to establish safety assessment teams
to conduct school safety assessments consistent with subdivision 1. A safety assessment
policy must be consistent with district policies in section 121A.035 and with any guidance
provided by the Department of Public Safety's School Safety Center. A safety assessment
policy must include procedures for referrals to mental health providers or health care
providers for evaluation or treatment when appropriate. A safety assessment policy must
require notice to the parent or guardian of a student whose behavior is assessed under this
section unless notice to the parent or guardian is not in the minor's best interests, consistent
with sections 13.02, subdivision 8, and 13.32, subdivision 2.
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The superintendent of a school district must establish a committee
or individual charged with oversight of the safety assessment teams operating within the
district, which may be an existing committee established by the school board.
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(a) The superintendent of a school district must
establish for each school a safety assessment team that includes, to the extent practicable,
school officials with expertise in counseling, school psychology, school administration,
students with disabilities, and law enforcement. The team may include human resources or
legal counsel if the potential threatening behavior involves someone who is not a student.
The team may include the juvenile prosecutor whose jurisdiction includes the area within
the school district. A safety assessment team may serve one or more schools, as determined
by the superintendent.
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(b) A safety assessment team must:
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(1) provide guidance to school staff and students regarding recognition of threatening
or concerning behavior that may represent a threat to the community, school, staff, or
students, and the members of the school to whom threatening or aberrant behavior should
be reported;
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(2) consider whether there is sufficient information to determine whether a student or
another individual poses a threat;
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(3) implement a policy adopted by the school board under subdivision 2; and
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(4) report summary data on its activities according to guidance developed by the School
Safety Center.
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(c) Upon a preliminary determination that a student poses a threat of violence or physical
harm to others, a safety assessment team must immediately report its determination to the
district superintendent or the superintendent's designee, who must immediately attempt to
notify the student's parent or legal guardian. The safety assessment team must consider
services to address the student's underlying behavioral or mental health issues, which may
include mental health treatment, social work services, character education consistent with
section 120B.232, evidence-based social emotional learning, and referrals for special
education or section 504 evaluations.
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(d) Upon determining that a student exhibits suicidal ideation or self-harm, a school
safety assessment team must follow the district's suicide prevention policy or protocol or
refer the student to an appropriate school-linked mental health professional or other support
personnel. Access to information regarding a student exhibiting suicidal ideation or self-harm
is subject to section 13.32, subdivision 2.
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(e) Nothing in this section precludes a school district official or employee from acting
immediately to address an imminent threat.
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(a) A safety assessment team member must not redisclose
educational records or use any record of an individual beyond the purpose for which the
disclosure was made to the safety assessment team. A school district employee who has
access to information related to a safety assessment is subject to this subdivision.
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(b) Nothing in this section prohibits the disclosure of educational records in health,
including mental health, and safety emergencies in accordance with state and federal law.
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This section is effective for the 2020-2021 school year and later.
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The sums indicated in this section are
appropriated from the general fund to the commissioner of education in the fiscal years
designated.
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(a) For grants to school districts for training for
members of safety assessment teams and oversight committees under Minnesota Statutes,
section 121A.35:
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$ new text end |
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300,000 new text end |
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..... new text end |
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2020 new text end |
|
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$ new text end |
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0 new text end |
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..... new text end |
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2021 new text end |
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(b) The commissioner and the director of the Minnesota School Safety Center are
encouraged to develop safety assessment training guidelines and provide school districts a
list of approved safety assessment training programs.
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(c) Of these amounts, up to three percent is for administering the grant. The commissioner
may use the administration funds for developing model safety assessment policies,
procedures, and guidelines.
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(d) This is a onetime appropriation. This appropriation is available until June 30, 2021.
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