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Minnesota Legislature

Office of the Revisor of Statutes

HF 566

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/11/2019 03:39pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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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:

Section 1.

new text begin [121A.35] SCHOOL SAFETY ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin School safety assessment. new text end

new text begin "School safety assessment" means a fact-based
and evidence-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.
new text end

new text begin Subd. 2. new text end

new text begin Policy. new text end

new text begin 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 sections 121A.035, 125A.027, 125A.08,
and 125A.091, and Code of Federal Regulations, title 34, sections 300.300 to 300.304, and
with any guidance provided by the Department of Public Safety's School Safety Center. A
safety assessment policy must include procedures for referrals for special education or
section 504 evaluations, and to mental health centers 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.
new text end

new text begin Subd. 3. new text end

new text begin Oversight. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Safety assessment teams. new text end

new text begin (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, and
students with disabilities, as well as cultural liaisons, certified, licensed, or otherwise qualified
mental health and treatment professionals, and law enforcement. The team may include
human resources personnel or legal counsel if the subject of the assessment is not a student.
A safety assessment team may serve one or more schools, as determined by the
superintendent.
new text end

new text begin (b) A safety assessment team must:
new text end

new text begin (1) provide guidance to school staff, parents, 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 concerning behavior
should be reported;
new text end

new text begin (2) consider whether there is sufficient information to determine whether a student or
other person poses a threat;
new text end

new text begin (3) implement a policy adopted by the school board under subdivision 2;
new text end

new text begin (4) report summary data on its activities according to guidance developed by the School
Safety Center; and
new text end

new text begin (5) comply with applicable special education requirements, including sections 125A.027,
125A.08, and 125A.091, and Code of Federal Regulations, title 34, sections 300.300 to
300.304.
new text end

new text begin (c) Upon a preliminary determination that a student poses a threat of violence or physical
harm to self or 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, and provide the parent or guardian written
notice, unless notice to the parent or guardian is not in the student's best interest. The safety
assessment team must consider services to address the student's underlying behavioral or
mental health issues, which may include counseling, social work services, character education
consistent with section 120B.232, social emotional learning, evidence-based academic and
positive behavioral interventions and supports, mental health services, and referrals for
special education or section 504 evaluations. Upon the request of a parent or guardian of a
student who is the subject of a safety assessment, a safety assessment team must provide
the parent or guardian with a copy of the data related to the safety assessment after the team
determines that the threat has been addressed, consistent with subdivision 5.
new text end

new text begin (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.
new text end

new text begin (e) Nothing in this section precludes a school district official or employee from acting
immediately to address an imminent threat.
new text end

new text begin (f) Nothing in this section modifies or affects a school district's obligations under state
and federal law relating to students with disabilities.
new text end

new text begin Subd. 5. new text end

new text begin Redisclosure. new text end

new text begin (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.
new text end

new text begin (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.
Data related to a safety assessment must not be provided to law enforcement without a
reasonable cause or need for law enforcement involvement or knowledge. A school district
must notify a parent or guardian when data related to a safety assessment is provided to a
law enforcement official who is not a member of the safety assessment team, unless notice
to the parent or guardian is not in the student's best interests, consistent with sections 13.02,
subdivision 8, and 13.32, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 2. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Commissioner of education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the commissioner of education in the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Safety assessment grants. new text end

new text begin (a) For grants to school districts for training for
members of safety assessment teams and oversight committees under Minnesota Statutes,
section 121A.35:
new text end

new text begin $
new text end
new text begin 300,000
new text end
new text begin .....
new text end
new text begin 2020
new text end
new text begin $
new text end
new text begin 0
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (d) This is a onetime appropriation. This appropriation is available until June 30, 2021.
new text end