SF 1952

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/28/2025 10:12 a.m.

A bill for an act
relating to education; modifying requirements for students with mental illness;
requiring mental health instruction that is approved by the Department of Education;
providing for youth sports program training on mental illness and suicide
prevention; modifying requirements of the statewide plan on restrictive procedures;
amending Minnesota Statutes 2024, sections 120B.21; 121A.37; 125A.0942, subdivision 3.

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

Section 1.

Minnesota Statutes 2024, section 120B.21, is amended to read:

120B.21 MENTAL HEALTH EDUCATION.

(a) School districts and charter schools are encouraged to provide mental health instruction
for students in grades 4 through 12 aligned with local health standards and integrated into
existing programs, curriculum, or the general school environment of a district or charter
school. The commissioner, in consultation with the commissioner of human services,
commissioner of health, and mental health organizations, must, by July 1, 2020, and July
1 of each even-numbered year thereafter, provide districts and charter schools with resources
gathered by Minnesota mental health advocates, including:

(1) age-appropriate model learning activities for grades 4 through 12 that encompass
the mental health components of the National Health Education Standards and the
benchmarks developed by the department's quality teaching network in health and best
practices in mental health education; and

(2) a directory of resources for planning and implementing age-appropriate mental health
curriculum and instruction in grades 4 through 12 that includes resources on suicide and
self-harm prevention. A district or charter school providing instruction or presentations on
preventing suicide or self-harm must use either the resources provided by the commissioner
or other evidence-based instruction.

(b) Starting in the 2026-2027 school year, school districts and charter schools must
provide mental health instruction deleted text begin in accordance with paragraph (a) deleted text end new text begin with curriculum that is
approved by the Department of Education new text end .

Sec. 2.

Minnesota Statutes 2024, section 121A.37, is amended to read:

121A.37 YOUTH SPORTS PROGRAMS.

(a) Consistent with section 121A.38, any municipality, business, or nonprofit organization
that organizes a youth athletic activity for which an activity fee is charged shall:

(1) make information accessible to all participating coaches, officials, and youth athletes
and their parents or guardians about the nature and risks of concussions, including the effects
and risks of continuing to play after receiving a concussion, and the protocols and content,
consistent with current medical knowledge from the Centers for Disease Control and
Prevention, related to:

(i) the nature and risks of concussions associated with athletic activity;

(ii) the signs, symptoms, and behaviors consistent with a concussion;

(iii) the need to alert appropriate medical professionals for urgent diagnosis and treatment
when a youth athlete is suspected or observed to have received a concussion; and

(iv) the need for a youth athlete who sustains a concussion to follow proper medical
direction and protocols for treatment and returning to play; deleted text begin and
deleted text end

(2) require all participating coaches and officials to receive initial online training and
online training at least once every three calendar years thereafter, consistent with clause (1)
and the Concussion in Youth Sports online training program available on the Centers for
Disease Control and Prevention website deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) provide training on the key warning signs of mental illness in children and adolescents
and training on suicide prevention. A teacher who has completed the mental illness training
renewal requirement under section 122A.187, subdivision 6, has satisfied this requirement.
new text end

(b) A coach or official shall remove a youth athlete from participating in any youth
athletic activity when the youth athlete:

(1) exhibits signs, symptoms, or behaviors consistent with a concussion; or

(2) is suspected of sustaining a concussion.

(c) When a coach or official removes a youth athlete from participating in a youth athletic
activity because of a concussion, the youth athlete may not again participate in the activity
until the youth athlete:

(1) no longer exhibits signs, symptoms, or behaviors consistent with a concussion; and

(2) is evaluated by a provider trained and experienced in evaluating and managing
concussions and the provider gives the youth athlete written permission to again participate
in the activity.

(d) Failing to remove a youth athlete from an activity under this section does not violate
section 604A.11, subdivision 2, clause (6), consistent with paragraph (e).

(e) This section does not create any additional liability for, or create any new cause of
legal action against, a municipality, business, or nonprofit organization or any officer,
employee, or volunteer of a municipality, business, or nonprofit organization.

(f) For the purposes of this section, a municipality means a home rule charter city, a
statutory city, or a town.

Sec. 3.

Minnesota Statutes 2024, section 125A.0942, subdivision 3, is amended to read:

Subd. 3.

Physical holding or seclusion.

(a) Physical holding or seclusion may be used
only in an emergency. A school that uses physical holding or seclusion shall meet the
following requirements:

(1) physical holding or seclusion is the least intrusive intervention that effectively
responds to the emergency;

(2) physical holding or seclusion is not used to discipline a noncompliant child;

(3) physical holding or seclusion ends when the threat of harm ends and the staff
determines the child can safely return to the classroom or activity;

(4) staff directly observes the child while physical holding or seclusion is being used;

(5) each time physical holding or seclusion is used, the staff person who implements or
oversees the physical holding or seclusion documents, as soon as possible after the incident
concludes, the following information:

(i) a description of the incident that led to the physical holding or seclusion;

(ii) why a less restrictive measure failed or was determined by staff to be inappropriate
or impractical;

(iii) the time the physical holding or seclusion began and the time the child was released;

(iv) a brief record of the child's behavioral and physical status; and

(v) a brief description of the post-use debriefing that occurred as a result of the use of
the physical hold or seclusion;

(6) the room used for seclusion must:

(i) be at least six feet by five feet;

(ii) be well lit, well ventilated, adequately heated, and clean;

(iii) have a window that allows staff to directly observe a child in seclusion;

(iv) have tamperproof fixtures, electrical switches located immediately outside the door,
and secure ceilings;

(v) have doors that open out and are unlocked, locked with keyless locks that have
immediate release mechanisms, or locked with locks that have immediate release mechanisms
connected with a fire and emergency system; and

(vi) not contain objects that a child may use to injure the child or others; and

(7) before using a room for seclusion, a school must:

(i) receive written notice from local authorities that the room and the locking mechanisms
comply with applicable building, fire, and safety codes; and

(ii) register the room with the commissioner, who may view that room.

(b) By February 1, 2015, and annually thereafter, stakeholders may, as necessary,
recommend to the commissioner specific and measurable implementation and outcome
goals for reducing the use of restrictive procedures and the commissioner must submit to
the legislature a report on districts' progress in reducing the use of restrictive procedures
that recommends how to further reduce these procedures and eliminate the use of seclusion.
The statewide plan includes the following components: measurable goals; the resources,
training, technical assistance, mental health services, and collaborative efforts needed to
significantly reduce districts' use of seclusion; and recommendations new text begin to reduce disparities
and new text end to clarify and improve the law governing districts' use of restrictive procedures. The
commissioner must deleted text begin consult deleted text end new text begin continue the current advisory committee to review data and
obtain information and recommendations new text end with interested deleted text begin stakeholders deleted text end new text begin parties new text end when preparing
the report, including representatives of advocacy organizations, special education directors,
teachers, paraprofessionals, intermediate school districts, school boards, day treatment
providers, county social services, state human services department staff, mental health
professionals, and autism experts. new text begin The commissioner must use methods to gain input from
students and their families and to conduct outreach to underserved communities. new text end Beginning
with the 2016-2017 school year, in a form and manner determined by the commissioner,
districts must report data quarterly to the department by January 15, April 15, July 15, and
October 15 about individual students who have been secluded. By July 15 each year, districts
must report summary data on their use of restrictive procedures to the department for the
prior school year, July 1 through June 30, in a form and manner determined by the
commissioner. The summary data must include information about the use of restrictive
procedures, including use of reasonable force under section 121A.582.