1.1 	A bill for an act
1.2 	relating to education; modifying disciplinary dismissals for students in early 
1.3 	learning programs;amending Minnesota Statutes 2024, section 121A.425.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2024, section 121A.425, is amended to read:
1.6 	121A.425 FULL AND EQUITABLE PARTICIPATION IN EARLY LEARNING.
1.7 		Subdivision 1.Disciplinary dismissals prohibited. (a) A pupil enrolled in the following 
1.8 	is not subject to dismissals under this chapter early learning programs may be dismissed in 
1.9 	accordance with this section:
1.10 	(1) a preschool or prekindergarten program, including an early childhood family 
1.11 	education, school readiness, school readiness plus, voluntary prekindergarten, Head Start, 
1.12 	or other school-based preschool or prekindergarten program; or
1.13 	(2) kindergarten through grade 3.
1.14 	(b) This provision does not apply to a dismissal from school for less than one school 
1.15 	day, except as provided under chapter 125A and federal law for a student receiving special 
1.16 	education services.
1.17 	(c) Notwithstanding this subdivision, expulsions and exclusions may be used only after 
1.18 	resources outlined in subdivision 2 have been exhausted, and only in circumstances where 
1.19 	there is an ongoing serious safety threat to the child or others.
1.20 		Subd. 2.Nonexclusionary discipline. For purposes of this section, nonexclusionary 
1.21 	discipline must include at least one of the following:
2.1 	(1) collaborating with the pupil's family or guardian, child mental health consultant or 
2.2 	provider, education specialist, or other community-based support;
2.3 	(2) creating a plan, written with the parent or guardian, that details the action and support 
2.4 	needed for the pupil to fully participate in the current educational program, including a 
2.5 	preschool or prekindergarten program; or
2.6 	(3) providing a referral for needed support services, including parenting education, home 
2.7 	visits, other supportive education interventions, or, where appropriate, an evaluation to 
2.8 	determine if the pupil is eligible for special education services or section 504 services.
2.9 		Subd. 3.Suspension. A pupil in an early learning program under subdivision 1 may be 
2.10 	suspended only if there is an ongoing serious safety threat to the child or others and after 
2.11 	nonexclusionary discipline under subdivision 2 has been exhausted. The procedural 
2.12 	requirements under section 121A.46 apply to a suspension under this section.
2.13 		Subd. 4.Exclusion and expulsion. A pupil in an early learning program under 
2.14 	subdivision 1 may be expelled or excluded only if there is an ongoing serious safety threat 
2.15 	to the child or others and after nonexclusionary discipline under subdivision 2 has been 
2.16 	exhausted. The procedural requirements under section 121A.47 apply to an exclusion or 
2.17 	expulsion under this section.

2.18 	EFFECTIVE DATE. This section is effective for the 2026-2027 school year and later.