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HF 2109

as introduced - 90th Legislature (2017 - 2018) Posted on 03/13/2017 06:09pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; increasing student inclusion and engagement; making
nonexclusionary policies and practices a central focus of pupil discipline; requiring
a report; appropriating money; amending Minnesota Statutes 2016, sections
120B.11, subdivision 1a; 121A.41, by adding subdivisions; 121A.42; 121A.45;
121A.46; 121A.47, subdivisions 2, 13, 14, by adding a subdivision; 121A.53;
121A.55; 121A.61; 121A.64; 121A.67, by adding a subdivision; 122A.42; 122A.60,
subdivision 1a; 123B.147, subdivision 3; 124E.11; 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 beginCITATION.
new text end

new text begin Sections 1 to 22 may be cited as "The Student Inclusion and Engagement Act."
new text end

Sec. 2.

Minnesota Statutes 2016, section 120B.11, subdivision 1a, is amended to read:


Subd. 1a.

Performance measures.

Measures to determine school district and school
site progress in striving to create the world's best workforce must include at least:

(1) the size of the academic achievement gap, rigorous course taking under section
120B.35, subdivision 3, paragraph (c), clause (2), new text beginstudent engagement and connection under
section 120B.35, subdivision 3, paragraph (d),
new text endand enrichment experiencesnew text begin,new text end by student
subgroup;

(2) student performance on the Minnesota Comprehensive Assessments;

(3) high school graduation rates; deleted text beginand
deleted text end

(4) career and college readiness under section 120B.30, subdivision 1deleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) pupil dismissal and removal rates by student subgroup.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2016, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Positive behavior interventions and supports. new text end

new text begin "Positive behavior
interventions and supports" means an evidence-based framework for preventing problem
behavior, providing instruction and support for positive and prosocial behaviors, and
supporting social, emotional, and behavioral needs for all students.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 4.

Minnesota Statutes 2016, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin Nonexclusionary disciplinary policies and practices; alternatives to pupil
removal and dismissal.
new text end

new text begin "Nonexclusionary disciplinary policies and practices" means
policies and practices that are alternatives to removing a pupil from class or dismissing a
pupil from school, including positive behavior interventions and supports and alternative
education services, which require school officials to intervene in, redirect, and support a
pupil's behavior before removing a pupil from class or beginning dismissal proceedings.
Nonexclusionary disciplinary policies and practices include but are not limited to the policies
and practices under sections 121A.575, clauses (1) and (2); 121A.031, subdivision 4,
paragraph (a), clause (1); and 121A.61, subdivision 3, paragraph (q).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 5.

Minnesota Statutes 2016, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 14. new text end

new text begin Re-engagement plan. new text end

new text begin "Re-engagement plan" means an individualized,
documented process developed by school administrators, teachers and other district staff,
the pupil, and the pupil's parent or guardian to help the pupil successfully participate in
academic programming upon the pupil's return from a dismissal, transfer, or removal.
new text end

Sec. 6.

Minnesota Statutes 2016, section 121A.42, is amended to read:


121A.42 POLICY.

new text begin (a) new text endNo public school shall deny due process or equal protection of the law to any public
school pupil involved in a dismissal proceeding which may result in suspension, exclusion,
or expulsion.

new text begin (b) School officials must use nonexclusionary disciplinary policies and practices before
beginning dismissal proceedings and must limit pupil dismissals consistent with section
121A.45, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 7.

Minnesota Statutes 2016, section 121A.45, is amended to read:


121A.45 GROUNDS FOR DISMISSAL.

Subdivision 1.

Provision of alternative programs.

No school shall dismiss any pupil
without new text beginfirst new text endattempting to deleted text beginprovide alternative educational servicesdeleted text endnew text begin use nonexclusionary
disciplinary policies and practices
new text end before dismissal proceedings, except where it appears
that the pupil will create an immediate and substantial danger to self or to surrounding
persons deleted text beginor propertydeleted text end.

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin The term "willful" or "willfully" means deliberate, intentional,
and knowing.
new text end

Subd. 2.

Grounds for dismissal.

new text begin(a) new text endA pupil may be dismissed deleted text beginon any of the following
grounds
deleted text endnew text begin fornew text end:

deleted text begin (a)deleted text end new text begin(1) new text endwillful violation of any reasonable school board regulationdeleted text begin. Such regulation must
be
deleted text endnew text begin that is specific and sufficientlynew text end clear and definite to provide notice to pupils that they
must conform their conduct to its requirements;new text begin or
new text end

deleted text begin (b)deleted text endnew text begin (2)new text end willful conduct that deleted text beginsignificantly disrupts the rights of others to an education, or
the ability of school personnel to perform their duties, or school sponsored extracurricular
activities; or
deleted text end

deleted text begin (c) willful conduct thatdeleted text end endangers the pupil or other pupils, or surrounding persons,
including school district employeesdeleted text begin, or property of the schooldeleted text end.

new text begin (b) A school board regulation must not include a zero-tolerance policy requiring a school
official to automatically dismiss a pupil except under paragraph (a), clause (2).
new text end

new text begin (c) A pupil may not be dismissed for disruptive or disorderly conduct, insubordination,
or other similarly named conduct except where it appears the pupil will create an immediate
and substantial danger to self or to surrounding persons.
new text end

Subd. 3.

Parent notification and meeting.

deleted text beginIf a pupil's total days of removal from school
exceeds ten cumulative days in a school year, the school district shall make reasonable
attempts to
deleted text endnew text begin After removing a pupil from a class under section 121A.61 or dismissing a pupil
from school under section 121A.41, subdivision 2, school officials must notify the pupil's
parent or guardian of the removal or dismissal,
new text end convene a meeting with the pupil and the
pupil's parent or guardian deleted text beginbefore subsequently removing the pupil from schooldeleted text endnew text begin within 30
calendar days,
new text end anddeleted text begin,deleted text end with the permission of the parent or guardian, arrange for a mental health
screening for the pupil. The district is not required to pay for the mental health screening.
The purpose of this meeting is to new text begin(1) develop a plan for using nonexclusionary disciplinary
policies and practices, and (2)
new text endattempt to determine the pupil's need for assessment or other
services or whether the parent or guardian should have the pupil assessed or diagnosed to
determine whether the pupil needs treatment for a mental health disorder.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 8.

Minnesota Statutes 2016, section 121A.46, is amended to read:


121A.46 SUSPENSION PROCEDURES.

Subdivision 1.

deleted text beginInformaldeleted text endnew text begin Right tonew text end administrative conference before suspension.

new text begin(a)
new text end The school administration shall not suspend a pupil from school without an deleted text begininformaldeleted text end
administrative conference with the pupil. new text beginThe pupil has the right to have an adult advocate
present during the administrative conference. School officials must inform the pupil of the
pupil's right to have the adult advocate present and must document any effort to include the
adult in the administrative conference. School officials may not hold an administrative
conference for pupils in grades kindergarten through grade 5 or for pupils with disabilities
without an adult advocate present.
new text endThe deleted text begininformaldeleted text end administrative conference shall take place
before the suspension, except where deleted text beginit appears thatdeleted text endnew text begin school officials determine thatnew text end the pupil
will create an immediate and substantial danger to self or to surrounding persons deleted text beginor propertydeleted text end,
in which case the conference shall take place deleted text beginas soon as practicable following the suspensiondeleted text endnew text begin
within seven days
new text end.

new text begin (b) An adult advocate under paragraph (a) is a person over the age of 18 who is not
responsible for administering discipline to students. A pupil's family member or a school
staff member may serve as a pupil's adult advocate.
new text end

new text begin (c) The role of the adult advocate is to help the pupil understand the grounds for the
proposed suspension or other discipline and to ensure that the pupil understands the pupil's
rights under sections 121A.40 to 121A.56. The adult advocate may also support the pupil
by suggesting interventions or other outcomes to address the pupil's conduct and support
the pupil's inclusion in and engagement with school.
new text end

new text begin (d) The adult advocate may not willfully mislead the pupil to have the pupil work against
the pupil's own interests. The adult advocate must also not help any person, property, or
entity other than the pupil during the pupil's administrative conference.
new text end

Subd. 2.

deleted text beginAdministrator notifies pupil of grounds for suspensiondeleted text endnew text begin Administrative
conference
new text end.

At the deleted text begininformaldeleted text end administrative conference, a school administrator shall notify
the pupil of the grounds for the suspensiondeleted text begin, provide an explanation ofdeleted text endnew text begin and explainnew text end the
evidence the authorities havedeleted text begin, anddeleted text endnew text begin. The pupil may present the pupil's version of the facts
and ask questions but is not required to do so. A school administrator must inform the pupil
that
new text end the pupil deleted text beginmaydeleted text endnew text begin is not required tonew text end present the pupil's version of the factsnew text begin and any testimony
the pupil provides can be used against the pupil in a subsequent court proceeding. A school
administrator must inform the pupil of the pupil's right to appeal any suspension pursuant
to policies developed in conformance with subdivision 3a
new text end.

Subd. 3.

Written notice of grounds for suspension.

A written notice containing the
grounds for suspension, a brief statement of the facts, a description of the testimony,
new text begin documents indicating the nonexclusionary disciplinary policies and practices initially used
with the pupil, the length of the suspension,
new text enda deleted text beginreadmissiondeleted text endnew text begin re-engagementnew text end plan, and a copy
of sections 121A.40 to 121A.56, shall be personally served upon the pupil at or before the
time the suspension is to take effect, and upon the pupil's parent or guardian by mail within
48 hours of the conference. The district shall make reasonable efforts to notify the parents
of the suspension by telephone deleted text beginas soon as possible followingdeleted text endnew text begin or electronically within 30
days of the
new text end suspension. deleted text beginIn the eventdeleted text endnew text begin Ifnew text end a pupil is suspended without an deleted text begininformaldeleted text end administrative
conference on the grounds that the pupil will create an immediate and substantial danger
to surrounding persons deleted text beginor propertydeleted text end, the written notice shall be served upon the pupil and
the pupil's parent or guardian within 48 hours of the suspension. Service by mail is complete
upon mailing.

new text begin Subd. 3a. new text end

new text begin Appeals of suspension. new text end

new text begin The school board must establish a process that permits
a teacher, representative, parent or guardian, or party to a suspension decision made under
this section to appeal the decision to an appropriate entity in the district with the authority
to reverse the decision and remove the suspension from the pupil's education record. The
process must provide for notice and establish procedures and substantive standards for the
appeal process.
new text end

Subd. 4.

Suspension pending expulsion or exclusion hearing.

Notwithstanding the
provisions of subdivisions 1 deleted text beginanddeleted text endnew text begin,new text end 3, new text beginand 3a, new text endthe pupil may be suspended pending the school
board's decision in the expulsion or exclusion hearing; provided that alternative educational
services are implemented to the extent that suspension exceeds deleted text beginfivedeleted text endnew text begin threenew text end days.

new text begin Subd. 5. new text end

new text begin Minimum education services. new text end

new text begin School officials must give a suspended pupil
the opportunity to complete all school work assigned during the period of the pupil's
suspension and to receive full credit for satisfactorily completing the assignments. The
school principal or other person having administrative control of the school building or
program must designate a district or school employee as a liaison to work with the pupil's
teachers to allow the suspended pupil to (1) receive timely course materials and other
information, and (2) complete daily and weekly assignments and receive teachers' feedback.
The liaison must interact with the pupil and the pupil's family to address concerns about
the pupil and the school.
new text end

new text begin Subd. 6. new text end

new text begin Re-engagement plan. new text end

new text begin (a) Consistent with section 121A.55, a pupil who is
suspended or transferred to an alternative learning program must have a re-engagement plan
to re-engage and reconnect the pupil with the school and its learning opportunities and help
the pupil avoid future suspensions or other discipline.
new text end

new text begin (b) The district must provide district teachers and staff with staff development
opportunities under sections 122A.60 and 122A.61 to acquire the knowledge and skills to
implement a re-engagement plan.
new text end

new text begin (c) Districts and charter schools must document input received from a parent or guardian
to develop a tailored, culturally sensitive and culturally responsive re-engagement plan.
new text end

new text begin (d) The re-engagement plan must state plans to address the situation that led to the pupil's
dismissal. The plan must include supportive interventions that aid in the pupil's academic
success and keep the pupil on track to meet academic benchmarks.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 9.

Minnesota Statutes 2016, section 121A.47, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Professional development. new text end

new text begin A school superintendent must work annually with
school administrators, consistent with sections 122A.60 and 122A.61, to provide district
educators with professional development opportunities to:
new text end

new text begin (1) understand the significance, severity, and short- and long-term consequences of
excluding and expelling pupils, including the impact on pupils' learning and career and
college opportunities;
new text end

new text begin (2) understand and learn to apply nonexclusionary disciplinary policies and practices
under section 121A.41, subdivision 13; and
new text end

new text begin (3) understand and apply more serious forms of discipline, including exclusion and
expulsion, only if the pupil's conduct endangers the pupil or other pupils, or surrounding
persons, including school district employees.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 10.

Minnesota Statutes 2016, section 121A.47, subdivision 2, is amended to read:


Subd. 2.

Written notice.

Written notice of intent to take action shall:

deleted text begin (a)deleted text endnew text begin (1)new text end be served upon the pupil and the pupil's parent or guardian personally or by mail;

deleted text begin (b)deleted text endnew text begin (2)new text end contain a complete statement of the facts, a list of the witnesses and a description
of their testimony;

deleted text begin (c) deleted text end new text begin (3) explain the grounds for excluding or expelling the pupil instead of imposing
nonexclusionary disciplinary policies and practices under section 121A.41, subdivision 13,
and the term of the exclusion or expulsion;
new text end

new text begin (4)new text end state the date, time, and place of the hearing;

deleted text begin (d)deleted text endnew text begin (5)new text end be accompanied by a copy of sections 121A.40 to 121A.56;

deleted text begin (e)deleted text endnew text begin (6)new text end describe alternative educational services accorded the pupil in an attempt to avoid
the new text beginexclusion or new text endexpulsion proceedings; and

deleted text begin (f)deleted text endnew text begin (7)new text end inform the pupil and parent or guardian of the right to:

deleted text begin (1)deleted text endnew text begin (i)new text end have a representative of the pupil's own choosing, including legal counsel, at the
hearing. The district deleted text beginshalldeleted text endnew text begin mustnew text end advise the pupil's parent or guardian that free or low-cost
legal assistance may be available and that a legal assistance resource list is available from
the Department of Education;

deleted text begin (2)deleted text endnew text begin (ii)new text end examine the pupil's records before the hearing;

deleted text begin (3)deleted text endnew text begin (iii)new text end present evidence; and

deleted text begin (4)deleted text endnew text begin (iv)new text end confront and cross-examine witnesses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 11.

Minnesota Statutes 2016, section 121A.47, subdivision 13, is amended to read:


Subd. 13.

Basis of school board decision; opportunity for comment.

The school board
shall base its decision upon the recommendation of the hearing officer or school board
member or committee and shall render its decision at a meeting held within five days after
receiving the recommendation. The school board deleted text beginmaydeleted text endnew text begin mustnew text end provide the parties with the
opportunity to present exceptionsnew text begin, the student's perspective,new text end and comments to the hearing
officer's recommendations provided that neither party presents any evidence not admitted
at the hearing. The decision by the school board mustnew text begin:
new text end

new text begin (1)new text end be based on the recorddeleted text begin, mustdeleted text endnew text begin;
new text end

new text begin (2)new text end be in writingdeleted text begin, and mustdeleted text endnew text begin;
new text end

new text begin (3) explain the grounds for excluding or expelling the pupil instead of imposing
nonexclusionary disciplinary policies and practices under section 121A.41, subdivision 13;
and
new text end

new text begin (4)new text end state the controlling facts on which the decision is made in sufficient detail to apprise
the parties and the commissioner of education of the basis and reason for the decision.

Sec. 12.

Minnesota Statutes 2016, section 121A.47, subdivision 14, is amended to read:


Subd. 14.

deleted text beginAdmission or readmissiondeleted text endnew text begin Re-engagementnew text end plan.

(a) new text beginAn exclusion or
expulsion must include a re-engagement plan.
new text endA school administratornew text begin, after making efforts
to contact and solicit input from the affected pupil's parent or guardian, and in consultation
with the affected pupil's teachers,
new text end shall prepare and enforce deleted text beginan admission or readmissiondeleted text endnew text begin a
re-engagement
new text end plan for any pupil who is excluded or expelled from school. The plan deleted text beginmay
include measures to improve the pupil's behavior, including completing a character education
program, consistent with section 120B.232, subdivision 1, and require parental involvement
in the admission or readmission process, and may indicate the consequences to the pupil of
not improving the pupil's behavior
deleted text endnew text begin must address the factors and other circumstances leading
to the pupil's exclusion or expulsion
new text end.

(b) deleted text beginThe definition of suspension under section 121A.41, subdivision 10, does not apply
to a student's dismissal from school for one school day or less, except as provided under
federal law for a student with a disability. Each suspension action may include a readmission
plan.
deleted text end A deleted text beginreadmissiondeleted text endnew text begin re-engagementnew text end plan must new text beginbe consistent with section 121A.46, subdivision
6, and
new text endprovide, where appropriate, alternative education services, which must not be used
to extend the deleted text beginstudent'sdeleted text endnew text begin pupil'snew text end current deleted text beginsuspensiondeleted text endnew text begin dismissalnew text end period. Consistent with section
125A.091, subdivision 5, a deleted text beginreadmissiondeleted text endnew text begin re-engagementnew text end plan must not obligate a parent or
guardian to provide psychotropic drugs to their deleted text beginstudentdeleted text endnew text begin pupilnew text end as a condition of readmission.
School officials must not use the refusal of a parent or guardian to consent to the
administration of psychotropic drugs to their deleted text beginstudentdeleted text endnew text begin pupilnew text end or to consent to a psychiatric
evaluation, screeningnew text begin,new text end or examination of the deleted text beginstudentdeleted text endnew text begin pupilnew text end as a ground, by itself, to prohibit
the deleted text beginstudentdeleted text end new text beginpupilnew text end from attending class or participating in a school-related activity, or as a
basis of a charge of child abuse, child neglect or medical or educational neglect.

new text begin (c) School districts and charter schools must provide teachers, school administrators,
other licensed professionals working with pupils, school board members, and school resource
officers with professional development opportunities to acquire and improve the knowledge
and skills needed to effectively implement nonexclusionary disciplinary policies and practices
and alternative educational services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 13.

Minnesota Statutes 2016, section 121A.53, is amended to read:


121A.53 REPORT TO COMMISSIONER OF EDUCATION.

Subdivision 1.

Exclusions and expulsions; physical assaults.

new text begin(a) Consistent with
subdivision 2,
new text endthe school board must deleted text beginreport throughdeleted text endnew text begin usenew text end the department electronic reporting
system new text beginto report to the commissioner new text endeach exclusion or expulsion and each physical assault
of a district employee by a deleted text beginstudentdeleted text end new text beginpupil and each verbal or written agreement of a parent
or guardian to withdraw a pupil from the school or district instead of having the pupil
excluded or expelled
new text endwithin 30 days of the effective date of the dismissal action or assault
deleted text begin to the commissioner of educationdeleted text end. This report must deleted text begininclude a statement of alternative
educational services, or other sanction, intervention, or resolution in response to the assault
given the pupil and the reason for,
deleted text endnew text begin identify:
new text end

new text begin (1) the pupil's behavior leading to the discipline;
new text end

new text begin (2) the nonexclusionary interventions and strategies used;
new text end

new text begin (3) any attempts to provide the pupil with alternative education services before excluding
or expelling the pupil;
new text end

new text begin (4) the reasons the nonexclusionary disciplinary policies and practices and alternative
services were ineffective;
new text end

new text begin (5)new text end the effective datedeleted text begin, anddeleted text end new text beginof the disciplinary action;
new text end

new text begin (6) new text endthe duration of the exclusion or expulsion or other sanction, intervention, or resolutionnew text begin;
new text end

new text begin (7) any exclusion or expulsion decision that was reversed on appeal; and
new text end

new text begin (8) whether a law enforcement agency or a school resource officer participated in the
discipline or whether a referral was made to a law enforcement agency or school resource
officer
new text end.

The report must also include deleted text beginthe student's age, grade, gender, race,deleted text endnew text begin disaggregated student
data consistent with section 120B.35, subdivision 3, paragraph (a), clause (2), whether a
law enforcement agency or a school resource officer participated in disciplining the pupil
or a referral to a law enforcement agency or school resource officer was made,
new text end and new text beginthe
new text end special education statusnew text begin of the pupilnew text end.

Subd. 2.

Reportnew text begin to include both pupil dismissals from school and removals from
class; annual publication required
new text end.

(a) new text beginConsistent with the requirements under subdivision
1,
new text endthe school board must new text beginreport the pupils removed from class, the reason for removal, and
the date and length of the removal and must
new text endinclude state deleted text beginstudentdeleted text endnew text begin pupilnew text end identification numbers
of affected pupils on all new text beginstate-required removal and new text enddismissal and other disciplinary reports
deleted text begin required by the departmentdeleted text end. The department must report annually to the commissioner
summary data on the number of new text beginpupil removals, new text enddismissalsnew text begin,new text end and physical assaults of district
employees by a student by deleted text beginage, grade, gender, race, and special education status of the
affected pupils
deleted text endnew text begin the categories in section 120B.35, subdivision 3, paragraph (a), clause (2),
and whether a law enforcement agency or a school resource officer participated in disciplining
the pupil or a referral to a law enforcement agency or school resource officer was made
new text end.
new text begin The school board must submit new text endall new text beginremoval, new text enddismissalnew text begin,new text end and other disciplinary reports deleted text beginmust
be submitted
deleted text end through the department electronic reporting system.

(b) The commissioner must aggregate the district data reported under this section and
include the aggregated data, including aggregated data on physical assaults of a district
employee by a student, in the annual school performance reports under section 120B.36.

new text begin (c) Annually by October 31, the commissioner must electronically publish on the
department Web site and otherwise make publicly available a longitudinal report containing
the summary data collected under this section. The commissioner must use the summary
data to compare and report the number of disciplinary incidents by type and district in the
three immediately preceding school years. Each school district must post on its Web site at
least that portion of the report concerning the district, ensuring the identity of individual
pupils is not ascertainable.
new text end

new text begin Subd. 3. new text end

new text begin Training. new text end

new text begin The commissioner, upon request, must provide technical assistance
and training to districts to facilitate the districts' ability to comply with the reporting
requirements under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 14.

Minnesota Statutes 2016, section 121A.55, is amended to read:


121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education shall promulgate guidelines to assist each school
board. Each school board shall establish uniform criteria for dismissal and adopt written
policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies
deleted text begin shall emphasize preventing dismissals through early detection of problems and shalldeleted text endnew text begin mustnew text end
be designed to deleted text beginaddress students'deleted text endnew text begin:
new text end

new text begin (1) encourage use of nonexclusionary disciplinary policies and practices before removing
pupils from class or dismissing pupils from school except where the pupil's conduct endangers
the pupil or other pupils, or surrounding persons;
new text end

new text begin (2) prevent pupils'new text end inappropriate behavior from recurringdeleted text begin.deleted text endnew text begin;
new text end

new text begin (3) re-engage and reconnect pupils with school and learning, including pupils who were
dismissed from school;
new text end

new text begin (4) engender positive pupil behavior;
new text end

new text begin (5) encourage pupils to learn from and overcome their inappropriate behavior;
new text end

new text begin (6) give educators and other school officials discretion to determine appropriate pupil
discipline based on a pupil's individual capabilities and circumstances; and
new text end

new text begin (7) keep pupils in class and school in order to graduate from secondary school and
become career and college ready.
new text end

new text begin (b)new text end The policies shall recognize the continuing responsibility of the school for deleted text beginthe
education of
deleted text endnew text begin providing alternative education services tonew text end the pupil during the dismissal periodnew text begin
and during any prescribed period when a parent or guardian voluntarily agrees to withdraw
the pupil as an alternative to dismissal
new text end. The alternative educational servicesdeleted text begin, if the pupil
wishes to take advantage of them,
deleted text end must be adequate to allow the pupil to make progress
towards meeting the graduation standards adopted under section 120B.02 and help prepare
the pupil for readmissionnew text begin and re-engagement. The school or district, in collaboration with
the affected parent or guardian to the extent practicable with efforts documented, must have
a re-engagement plan for each pupil subject to discipline who is dismissed or transferred
from and subsequently returns to the school or district
new text end.

deleted text begin (b)deleted text endnew text begin (c) A school board ornew text end an area learning center under section 123A.05 may not prohibit
an expelled or excluded pupil from enrolling solely because a district expelled or excluded
the pupil. The board of the area learning center may use the provisions of the Pupil Fair
Dismissal Act to exclude a pupil or to require an admission plan.

deleted text begin (c)deleted text endnew text begin (d)new text end Each school district shall develop a policy deleted text beginanddeleted text endnew text begin on the use of school resource
officers before contracting with a police department that employs a school resource officer.
The policy must state the role of the officer, the appropriate use of the officer, actions
prohibited for officers, and the proper use of crisis teams during pupil discipline and removal
procedures. Each district must
new text end report deleted text beginitdeleted text end to the commissioner on the new text begindistrict's or charter
school's policy and its
new text endappropriate use of peace new text beginand school resource new text endofficers and crisis teams
to remove deleted text beginstudents who have an individualized education program from school groundsdeleted text endnew text begin
pupils. The district must transmit to the commissioner and make public a copy of the policy
developed under this paragraph
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 15.

new text begin [121A.555] STUDENT INCLUSION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Professional development grants. new text end

new text begin The commissioner must award grants
to applicant school districts and charter schools to provide professional development
opportunities to teachers, school administrators, other licensed school professionals, school
board members, school resource officers, and other district staff to implement the Pupil Fair
Dismissal Act under sections 121A.40 to 121A.56 and related pupil discipline law.
new text end

new text begin Subd. 2. new text end

new text begin Use of funds. new text end

new text begin School districts and charter schools that submit an application
and receive funding under this section must use the funding to provide teachers,
administrators, board members, and other staff with professional development opportunities
that enable them to:
new text end

new text begin (1) create a positive school culture;
new text end

new text begin (2) prevent and address pupil misconduct;
new text end

new text begin (3) comply with applicable pupil discipline laws and rules;
new text end

new text begin (4) use effective classroom management and problem-solving strategies and conflict
resolution inside and outside the classroom;
new text end

new text begin (5) understand the adverse consequences of dismissing pupils and involving them with
the juvenile justice and adult criminal justice systems; and
new text end

new text begin (6) explore alternative strategies such as restorative practices, peer mediation, positive
behavioral interventions and supports, culturally responsive discipline, and developmentally
appropriate discipline that fosters positive, healthy, and productive school climates.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2016, section 121A.61, is amended to read:


121A.61 DISCIPLINE AND REMOVAL OF deleted text beginSTUDENTSdeleted text endnew text begin PUPILSnew text end FROM CLASS.

Subdivision 1.

Required policy.

Each school board new text beginand charter school new text endmust adopt a
written districtwide new text beginand charter networkwide new text endschool discipline policy which includes written
rules of conduct for deleted text beginstudents, minimum consequences for violations of the rules,deleted text endnew text begin pupilsnew text end and
grounds and procedures for deleted text beginremoval ofdeleted text endnew text begin removingnew text end a deleted text beginstudentdeleted text endnew text begin pupilnew text end from class. The new text beginboard must
develop the
new text endpolicy deleted text beginmust be developeddeleted text end in consultation with administrators, teachers,
employees, pupils, parents, community members, deleted text beginlaw enforcement agencies, county attorney
offices,
deleted text end social service agencies, and such other individuals or organizations as the board
determines appropriate. A school site council may adopt additional provisions to the policy
subject to the approval of the school board.

Subd. 2.

Grounds for removal from class.

The policy must establish the various grounds
for which a deleted text beginstudentdeleted text endnew text begin pupilnew text end may be removed from a class in the district for a period of time
under the procedures specified in the policynew text begin and establish a protocol for notifying the
commissioner, consistent with section 121A.53
new text end. The policy must include a procedure for
notifying and meeting with a deleted text beginstudent'sdeleted text endnew text begin pupil'snew text end parent or guardian new text beginwithin 30 days after a pupil
is removed from class
new text endto discuss the problem deleted text beginthat isdeleted text end causing the deleted text beginstudent to be removeddeleted text endnew text begin
pupil's removal
new text end from class deleted text beginafter the student has been removed from class more than ten
times in one school year
deleted text endnew text begin and to foster communication between the pupil's family and the
school to help the pupil remain in the classroom and succeed in school
new text end. The grounds in the
policy must deleted text beginincludedeleted text endnew text begin addressnew text end at least deleted text beginthe following provisions as well as other grounds
determined appropriate by the board
deleted text end:

deleted text begin (a)deleted text endnew text begin (1)new text end willful conduct that significantly disrupts the rights of others to an education,
including conduct that interferes with a teacher's ability to teach or communicate effectively
with students in a class or with the ability of other students to learn;

deleted text begin (b)deleted text endnew text begin (2)new text end willful conduct that endangers surrounding persons, including school district
employees, the student or other studentsdeleted text begin, or the property of the schooldeleted text end; and

deleted text begin (c)deleted text endnew text begin (3)new text end willful violation of any rule of conduct specified in the discipline policy adopted
by the board.

Subd. 3.

Policy components.

The policy must new text beginat least new text endinclude deleted text beginat least the following
components
deleted text end:

deleted text begin (a)deleted text endnew text begin (1)new text end rules governing deleted text beginstudentdeleted text endnew text begin pupilnew text end conduct and procedures for informing deleted text beginstudentsdeleted text endnew text begin
pupils
new text end of the rules;

deleted text begin (b)deleted text endnew text begin (2)new text end the grounds for deleted text beginremoval ofdeleted text endnew text begin removingnew text end a deleted text beginstudentdeleted text endnew text begin pupilnew text end from a class;

deleted text begin (c)deleted text endnew text begin (3)new text end the authority of the classroom teacher to remove deleted text beginstudentsdeleted text endnew text begin pupilsnew text end from the classroom
deleted text begin pursuant todeleted text endnew text begin in accordance with thenew text end procedures and rules deleted text beginestablisheddeleted text end in the district's policy;

deleted text begin (d)deleted text endnew text begin (4)new text end the procedures for deleted text beginremoval of a student from a class bydeleted text end a teacher, school
administrator, or other school district employeenew text begin to remove a pupil from a classnew text end;

deleted text begin (e) deleted text end new text begin (5) student rights and notification of rights including the right to:
new text end

new text begin (i) an advocate;
new text end

new text begin (ii) not self-incriminate; and
new text end

new text begin (iii) a subsequent meeting with a parent, guardian, or adult advocate;
new text end

new text begin (6)new text end the period of time for which a deleted text beginstudentdeleted text endnew text begin pupilnew text end may be removed from a class, which
deleted text begin maydeleted text endnew text begin mustnew text end not exceed deleted text beginfivedeleted text endnew text begin twonew text end class periods for deleted text begina violation ofdeleted text endnew text begin violatingnew text end a rule of conduct;

deleted text begin (f)deleted text endnew text begin (7)new text end provisions relating to the responsibility for and custody of a deleted text beginstudentdeleted text endnew text begin pupilnew text end removed
from a class;

deleted text begin (g)deleted text endnew text begin (8)new text end the procedures for deleted text beginreturn ofdeleted text end a deleted text beginstudentdeleted text endnew text begin pupilnew text end to new text beginreturn to new text endthe deleted text beginspecifieddeleted text end class from
which the deleted text beginstudent has beendeleted text endnew text begin pupil wasnew text end removed;

deleted text begin (h)deleted text endnew text begin (9)new text end the procedures for notifying a deleted text beginstudentdeleted text endnew text begin pupilnew text end and the deleted text beginstudent'sdeleted text endnew text begin pupil'snew text end parents or
guardian of violations of the rules of conduct deleted text beginand ofdeleted text end resulting new text beginin new text enddisciplinary actionsnew text begin and
soliciting parents' participation in creating a plan to help the pupil remain in the classroom
and succeed in school
new text end;

deleted text begin (i)deleted text endnew text begin (10)new text end any procedures determined appropriate for deleted text beginencouraging early involvement ofdeleted text endnew text begin
involving
new text end parents or guardians in new text beginpreventive new text endattempts to improve a deleted text beginstudent'sdeleted text endnew text begin pupil'snew text end behavior;

deleted text begin (j)deleted text endnew text begin (11)new text end any procedures determined appropriate for encouraging early detection of
behavioral problems;

deleted text begin (k)deleted text endnew text begin (12)new text end any procedures determined appropriate for referring a deleted text beginstudentdeleted text endnew text begin pupilnew text end in need of
special education services to those services;

deleted text begin (1)deleted text endnew text begin (13)new text end the procedures for deleted text beginconsideration ofdeleted text endnew text begin consideringnew text end whether deleted text beginthere is a need for adeleted text endnew text begin tonew text end
further deleted text beginassessmentdeleted text endnew text begin assess a pupil with a disabilitynew text end or deleted text beginofdeleted text end whether deleted text beginthere is a need for a review
of the adequacy of
deleted text end a current individualized education program of a deleted text beginstudentdeleted text endnew text begin pupilnew text end with a
disability who is removed from classnew text begin is adequatenew text end;

deleted text begin (m)deleted text endnew text begin (14)new text end procedures for detecting and addressing chemical abuse problems of a deleted text beginstudentdeleted text endnew text begin
pupil
new text end while on the school premises;

deleted text begin (n) the minimum consequences for violations of the code of conduct;
deleted text end

deleted text begin (o)deleted text endnew text begin (15)new text end procedures for immediate and appropriate interventions tied to new text begincode new text endviolations
deleted text begin of the codedeleted text end;

deleted text begin (p) a provision that states that a teacher, school employee, school bus driver, or other
agent of a district may use reasonable force in compliance with section 121A.582 and other
laws;
deleted text end

deleted text begin (q)deleted text endnew text begin (16)new text end an agreement deleted text beginregarding proceduresdeleted text end to coordinate crisis services to the extent
funds are available with the county board responsible for implementing sections 245.487
to 245.4889 for deleted text beginstudentsdeleted text endnew text begin pupilsnew text end with a serious emotional disturbance or other deleted text beginstudentsdeleted text endnew text begin pupilsnew text end
who have an individualized education program whose behavior may be addressed by crisis
intervention; and

deleted text begin (r)deleted text endnew text begin (17)new text end a provision that states a deleted text beginstudentdeleted text endnew text begin pupilnew text end must be removed from class immediately
if the deleted text beginstudentdeleted text endnew text begin pupilnew text end engages in assault or violent behavior. For purposes of this paragraph,
"assault" has the meaning given it in section 609.02, subdivision 10. The removal shall be
for a period of time deemed appropriate by the principal, in consultation with the teacher.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 17.

Minnesota Statutes 2016, section 121A.64, is amended to read:


121A.64 NOTIFICATION; TEACHERS' LEGITIMATE EDUCATIONAL
INTEREST.

deleted text begin (a) A classroom teacher has a legitimate educational interest in knowing which students
placed in the teacher's classroom have a history of violent behavior, including any
documented physical assault of a district employee by the student, and must be notified
before such students are placed in the teacher's classroom.
deleted text end

deleted text begin (b)deleted text end Representatives of the school board and the exclusive representative of the teachers
shall discuss issues related to the model policy on student records adopted under Laws 1999,
chapter 241, article 9, section 50, and any modifications adopted under Laws 2003, First
Special Session chapter 9, for notifying classroom teachers and other school district
employees having a legitimate educational interest in knowing about students with a history
of violent behavior, including any documented new text beginwillful new text endphysical assault of a district employee
by students placed in classrooms. The representatives of the school board and the exclusive
representative of the teachers also may discuss the need for intervention services or conflict
resolution or training for staff related to placing students with a history of violent behavior
in teachers' classrooms.

Sec. 18.

Minnesota Statutes 2016, section 121A.67, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Parent notification. new text end

new text begin A school administrator must make and document efforts
to immediately contact the parent or guardian of a pupil removed by a peace or school
resource officer from a classroom, school building, or school grounds unless such notice is
specifically prohibited by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Minnesota Statutes 2016, section 122A.42, is amended to read:


122A.42 GENERAL CONTROL OF SCHOOLS.

(a) The teacher of record shall have the general control and government of the school
and classroom. When more than one teacher is employed in any district, one of the teachers
may be designated by the board as principal and shall have the general control and
supervision of the schools of the district, subject to the general supervisory control of the
board and other officers.

(b) new text beginAbsent a school or district classroom removal policy and new text endconsistent with paragraph
(a), the teacher may remove deleted text beginstudentsdeleted text endnew text begin a pupilnew text end from class under section 121A.61, subdivision
2
, deleted text beginfor violent or disruptive conductdeleted text endnew text begin for behavior that is grounds for dismissal under section
121A.45, subdivision 2
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 20.

Minnesota Statutes 2016, section 122A.60, subdivision 1a, is amended to read:


Subd. 1a.

Effective staff development activities.

(a) Staff development activities must:

(1) focus on the school classroom andnew text begin nonexclusionary disciplinary policies and practices
to keep students in the classroom and in school and on
new text end research-based strategies that improve
student learning;

(2) provide opportunities for teachers to practice and improve their instructional skills
over time;

(3) provide opportunities for teachers to use student data as part of their daily work to
increase student achievement;

(4) enhance teacher content knowledge and instructional skills, including to accommodate
the delivery of digital and blended learning and curriculum and engage students with
technology;

(5) align with state and local academic standards;

(6) provide opportunities to build professional relationships, foster collaboration among
principals and staff who provide instruction, and provide opportunities for teacher-to-teacher
mentoring;

(7) align with the plan of the district or site for an alternative teacher professional pay
system;

(8) provide teachers of English learners, including English as a second language and
content teachers, with differentiated instructional strategies critical for ensuring students'
long-term academic success; the means to effectively use assessment data on the academic
literacy, oral academic language, and English language development of English learners;
and skills to support native and English language development across the curriculum; deleted text beginand
deleted text end

(9) provide opportunities for staff to learn about current workforce trends, the connections
between workforce trends and postsecondary education, and training options, including
career and technical education optionsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (10) provide opportunities for teachers to understand the significance, severity, and
short- and long-term consequences of removing, excluding, and expelling pupils, including
the impact on pupils' learning and career and college opportunities.
new text end

Staff development activities may include curriculum development and curriculum training
programs, and activities that provide teachers and other members of site-based teams training
to enhance team performance. The school district also may implement other staff
development activities required by law and activities associated with professional teacher
compensation models.

(b) Release time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's knowledge and
instructional skills, such as preparing report cards, calculating grades, or organizing classroom
materials, may not be counted as staff development time that is financed with staff
development reserved revenue under section 122A.61.

Sec. 21.

Minnesota Statutes 2016, section 123B.147, subdivision 3, is amended to read:


Subd. 3.

Duties; evaluation.

(a) The principal shall provide administrative, supervisory,
and instructional leadership services, under the supervision of the superintendent of schools
of the district and according to the policies, rules, and regulations of the school board, for
the planning, management, operation, and evaluation of the education program of the building
or buildings to which the principal is assigned.

(b) To enhance a principal's leadership skills and support and improve teaching practices,
school performance, and student achievement for diverse student populations, including
at-risk students, children with disabilities, English learners, and gifted students, among
others, a district must develop and implement a performance-based system for annually
evaluating school principals assigned to supervise a school building within the district. The
evaluation must be designed to improve teaching and learning by supporting the principal
in shaping the school's professional environment and developing teacher quality,
performance, and effectiveness. The annual evaluation must:

(1) support and improve a principal's instructional leadership, organizational management,
and professional development, and strengthen the principal's capacity in the areas of
instruction, supervision, evaluation, and teacher development;

(2) include formative and summative evaluations based on multiple measures of student
progress toward career and college readiness;

(3) be consistent with a principal's job description, a district's long-term plans and goals,
and the principal's own professional multiyear growth plans and goals, all of which must
support the principal's leadership behaviors and practices, rigorous curriculum, school
performance, and high-quality instruction;

(4) include on-the-job observations and previous evaluations;

(5) allow surveys to help identify a principal's effectiveness, leadership skills and
processes, and strengths and weaknesses in exercising leadership in pursuit of school success;

(6) use longitudinal data on student academic growth as 35 percent of the evaluation
and incorporate district achievement goals and targets;

(7) be linked to professional development that emphasizes improved teaching and
learning, curriculum and instruction, student learning, and a collaborative professional
culture; deleted text beginand
deleted text end

(8) for principals not meeting standards of professional practice or other criteria under
this subdivision, implement a plan to improve the principal's performance and specify the
procedure and consequence if the principal's performance is not improveddeleted text begin.deleted text endnew text begin; and
new text end

new text begin (9) include longitudinal data on pupil dismissals disaggregated by student categories
under section 120B.35, subdivision 3, paragraph (b), clause (2).
new text end

The provisions of this paragraph are intended to provide districts with sufficient flexibility
to accommodate district needs and goals related to developing, supporting, and evaluating
principals.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 22.

Minnesota Statutes 2016, section 124E.11, is amended to read:


124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.

(a) A charter school may limit admission to:

(1) pupils within an age group or grade level;

(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or

(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.

(b) A charter school shall enroll an eligible pupil who submits a timely application,
unless the number of applications exceeds the capacity of a program, class, grade level, or
building. In this case, pupils must be accepted by lot. The charter school must develop and
publish, including on its Web site, a lottery policy and process that it must use when accepting
pupils by lot.

(c) A charter school shall give enrollment preference to a sibling of an enrolled pupil
and to a foster child of that pupil's parents and may give preference for enrolling children
of the school's staff before accepting other pupils by lot. A charter school that is located in
Duluth township in St. Louis County and admits students in kindergarten through grade 6
must give enrollment preference to students residing within a five-mile radius of the school
and to the siblings of enrolled children. A charter school may give enrollment preference
to children currently enrolled in the school's free preschool or prekindergarten program
under section 124E.06, subdivision 3, paragraph (a), who are eligible to enroll in kindergarten
in the next school year.

(d) A person shall not be admitted to a charter school (1) as a kindergarten pupil, unless
the pupil is at least five years of age on September 1 of the calendar year in which the school
year for which the pupil seeks admission commences; or (2) as a first grade student, unless
the pupil is at least six years of age on September 1 of the calendar year in which the school
year for which the pupil seeks admission commences or has completed kindergarten; except
that a charter school may establish and publish on its Web site a policy for admission of
selected pupils at an earlier age, consistent with the enrollment process in paragraphs (b)
and (c).

(e) Except as permitted in paragraph (d), a charter school may not limit admission to
pupils on the basis of intellectual ability, measures of achievement or aptitude, or athletic
ability and may not establish any criteria or requirements for admission that are inconsistent
with this section.

(f) The charter school shall not distribute any services or goods of value to students,
parents, or guardians as an inducement, term, or condition of enrolling a student in a charter
school.

(g) Once a student is enrolled in the school, the student is considered enrolled in the
school until the student formally withdraws or is expelled under the Pupil Fair Dismissal
Act in sections 121A.40 to 121A.56. A charter school is subject to and must comply with
the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56new text begin, and other provisions in chapter
121A governing pupil behavior and discipline
new text end.

(h) A charter school with at least 90 percent of enrolled students who are eligible for
special education services and have a primary disability of deaf or hard-of-hearing may
enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1,
paragraph (a), and must comply with the federal Individuals with Disabilities Education
Act under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause
(iv).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

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

new text begin Subd. 2. new text end

new text begin Student inclusion grants. new text end

new text begin For grants to school districts and charter schools
for professional development under Minnesota Statutes, section 121A.555:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2018
new text end
new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end