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HF 2243

as introduced - 91st Legislature (2019 - 2020) Posted on 03/13/2019 04:57pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; amending the Pupil Fair Dismissal Act; requiring
nonexclusionary disciplinary policies and practices; appropriating money; amending
Minnesota Statutes 2018, sections 120B.11, subdivision 1a; 121A.41, subdivision
10, 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 This act may be cited as "The Student Inclusion and Engagement Act."
new text end

Sec. 2.

Minnesota Statutes 2018, 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 experiences 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 2019-2020 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 5a. 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 behavioral interventions and supports and alternative
education services that 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, clause (8).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 4.

Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 6a. new text end

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

new text begin "Positive behavioral
interventions and supports" has the meaning given in section 122A.627.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 5.

Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 7a. new text end

new text begin Pupil withdrawal agreement. new text end

new text begin "Pupil withdrawal agreement" means a verbal
or written agreement between a school or district administrator and a pupil's parent to
withdraw the pupil from the school district to avoid expulsion or exclusion. The duration
of the withdrawal agreement must not exceed 12 months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 6.

Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 7b. new text end

new text begin Readmission plan. new text end

new text begin "Readmission plan" means an individualized documented
process developed by school administrators, teachers and other district staff, the pupil, and
the pupil's parent to help the pupil successfully participate in academic programming upon
the pupil's return from a dismissal or transfer. The plan must address the circumstances that
led to the pupil's dismissal, include interventions to support the pupil's academic success
and informed instruction to allow the pupil to complete missed work, and keep the pupil
on track to meet academic benchmarks. A district must document input received from a
parent to develop a tailored, culturally sensitive, and culturally responsive readmission plan.
The readmission plan must include, where appropriate, a provision for implementing
alternative educational services upon readmission and may not be used to extend the current
suspension. Consistent with section 125A.091, subdivision 5, the readmission plan must
not obligate a parent to provide a sympathomimetic medication for the parent's child as a
condition of readmission.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 7.

Minnesota Statutes 2018, section 121A.41, subdivision 10, is amended to read:


Subd. 10.

Suspension.

"Suspension" means an action by the school administration,
under rules promulgated by the school board, prohibiting a pupil from attending school for
a period of no more than ten school days. If a suspension is longer than five days, the
suspending administrator must provide the superintendent with a reason for the longer
suspension. This definition does not apply to dismissal from school for one school day or
less, except as provided in federal law for a student with a disability. Each suspension action
deleted text begin maydeleted text endnew text begin mustnew text end include a readmission plannew text begin as defined in subdivision 7bnew text end. deleted text beginThe readmission plan
shall include, where appropriate, a provision for implementing alternative educational
services upon readmission and may not be used to extend the current suspension. Consistent
with section 125A.091, subdivision 5, the readmission plan must not obligate a parent to
provide a sympathomimetic medication for the parent's child as a condition of readmission.
deleted text end
The school administration may not impose consecutive suspensions against the same pupil
for the same course of conduct, or incident of misconduct, except where the pupil will create
an immediate and substantial danger to self or to surrounding persons or property, or where
the district is in the process of initiating an expulsion, in which case the school administration
may extend the suspension to a total of 15 school days.

Sec. 8.

Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Willful. new text end

new text begin "Willful" or "willfully" means deliberate, intentional, and knowing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 9.

Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin Zero tolerance. new text end

new text begin "Zero tolerance" means a district policy that purports to
impose a mandatory minimum dismissal for any defined student behavior.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 10.

Minnesota Statutes 2018, 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 2019-2020 school year and later.
new text end

Sec. 11.

Minnesota Statutes 2018, section 121A.45, is amended to read:


121A.45 GROUNDS FOR DISMISSAL.

Subdivision 1.

Provision of alternative programs.

deleted text beginNodeleted text endnew text begin Anew text end school deleted text beginshalldeleted text endnew text begin must notnew text end 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.

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 endnew text begin (1)new text end willful 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) willful conduct that significantly 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)deleted text endnew text begin (2)new text end willful conduct that 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 must not be dismissed for attendance, disruptive or disorderly conduct,
insubordination, or other similarly named conduct unless school officials determine the
pupil's conduct creates 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 class under section 121A.61 or dismissing a pupil
from school, school officials must notify the pupil's parent of the removal or dismissal,
new text end
convene a meeting with the pupil and the pupil's parent deleted text beginor guardian before subsequently
removing the pupil from school
deleted text endnew text begin within 30 days,new text end and, with the permission of the parent deleted text beginor
guardian
deleted text end, 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 attempt tonew text begin:
new text end

new text begin (1) develop a plan for using nonexclusionary disciplinary policies and practices; and
new text end

new text begin (2)new text end 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 2019-2020 school year and later.
new text end

Sec. 12.

Minnesota Statutes 2018, 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 deleted text beginadministration shalldeleted text endnew text begin officials mustnew text end not suspend a pupil from school without an
deleted text begin informaldeleted 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 must not hold an
administrative conference for pupils in kindergarten through grade 5 or for pupils with
disabilities without an adult advocate present.
new text endThe deleted text begininformaldeleted text end administrative conference deleted text beginshalldeleted text endnew text begin
must
new text end take place before the suspension, deleted text beginexcept where it appearsdeleted text endnew text begin unless school officials
determine
new text end that the deleted text beginpupil will createdeleted text endnew text begin pupil's conduct createsnew text end an immediate and substantial
danger to self or to surrounding persons deleted text beginor propertydeleted text end, in which case the conference deleted text beginshalldeleted text endnew text begin
must
new text end take place deleted text beginas soon as practicable following the suspensiondeleted text endnew text begin within seven daysnew text end.

new text begin (b) An adult advocate under paragraph (a) means 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 the 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 ways to address the pupil's conduct and support the
pupil's inclusion in and engagement with the school.
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 deleted text beginshalldeleted text endnew text begin mustnew text end
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.new text end The pupil may present the pupil's version of the factsnew text begin
and ask questions but is not required to do so
new text end.new text begin A school administrator must inform the pupil
that the pupil is not required to present the pupil's version of the facts and that 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 according to subdivisions 8 and 9.
new text end

Subd. 3.

Written notice of grounds for suspension.

new text begin(a) new text endA written notice deleted text begincontaining
the grounds for
deleted text endnew text begin ofnew text end suspensiondeleted text begin,deleted text endnew text begin must be personally served upon the pupil at or before the
time the suspension is to take effect, and served upon the pupil's parent by mail within 48
hours of the administrative conference. A written notice required under this section must
contain:
new text end

new text begin (1) the grounds for the suspension;
new text end

new text begin (2)new text end a brief statement of the factsdeleted text begin,deleted text endnew text begin;
new text end

new text begin (3)new text end a description of the testimonydeleted text begin,deleted text endnew text begin;
new text end

new text begin (4) a description of the nonexclusionary disciplinary policies and practices used with
the pupil;
new text end

new text begin (5) the length of the suspension;
new text end

new text begin (6)new text end a readmission plandeleted text begin,deleted text endnew text begin that includes the pupil's scheduled date of return to school;
new text end

new text begin (7) a request for a meeting with the pupil's parent according to subdivision 7;new text end and

new text begin (8)new text end a copy of sections 121A.40 to 121A.56deleted text begin, 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
deleted text end.

new text begin (b)new text end The district deleted text beginshalldeleted text endnew text begin mustnew text end 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 24 hours of thenew 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 deleted text beginthatdeleted text endnew text begin ofnew text end the deleted text beginpupil will create andeleted text endnew text begin pupil'snew text end immediate and deleted text beginsubstantial danger to
surrounding persons or property
deleted text endnew text begin substantially dangerous conductnew text end, the written notice deleted text beginshalldeleted text endnew text begin
must
new text end 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.

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 begin8, and 9, 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 pupil's suspension and to
receive full credit for satisfactorily completing 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 course materials and other information within 24 hours, 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 Readmission 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 readmission 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) A school district or charter school must provide teachers and staff with professional
development opportunities under sections 122A.60 and 122A.61 to acquire the knowledge
and skills to implement a readmission plan.
new text end

new text begin Subd. 7. new text end

new text begin Parent notification and meeting; mental health screening. new text end

new text begin (a) After
suspending a pupil from school, a school official must make reasonable attempts to convene
a meeting with the pupil and the pupil's parent within 30 calendar days of the suspension.
The purpose of the meeting is to engage the pupil's parent in developing a plan to help the
pupil succeed in school by addressing the behavior that led to the suspension.
new text end

new text begin (b) A school district must not remove a pupil who has previously been removed for ten
cumulative days in the current school year until the school district has made reasonable
attempts to convene a meeting with the pupil and the pupil's parent. The purpose of this
meeting is to attempt to determine the pupil's need for assessment or other services, including
mental health services. The school district must seek authorization from the pupil's parent
before arranging for a mental health screening for the pupil. The district is not required to
pay for the mental health screening.
new text end

new text begin Subd. 8. new text end

new text begin Appeals of suspension. new text end

new text begin A school board must establish a process that permits
a teacher, representative, parent, or pupil suspended under this section to appeal the
suspension to a district official with the authority to reverse the decision and remove the
suspension from the pupil's education record. The process must allow the appeal to be filed
no less than 30 days after the decision to suspend a pupil has taken effect. The process must
provide for notice and establish procedures and substantive standards for the appeal process.
new text end

new text begin Subd. 9. new text end

new text begin Complaint procedure. new text end

new text begin (a) A pupil or a parent of a pupil suspended under this
section may file a complaint with the commissioner of education based on the school board's
or school's failure to comply with a requirement in sections 121A.40 to 121A.56. The pupil
or pupil's parent must submit the complaint within 180 days of either the time that the school
or district failed to comply with sections 121A.40 to 121A.56, or the conclusion of an appeal
under subdivision 8, whichever is later. The pupil must submit a copy of the complaint to
the school or school board.
new text end

new text begin (b) Upon receiving a signed, written complaint, the commissioner must conduct an
independent investigation. The investigation must provide the complainant an opportunity
to submit additional information and the school board an opportunity to respond to the
complaint. Based on the information submitted, the commissioner must determine whether
the school board or school failed to comply with a requirement in sections 121A.40 to
121A.56. Within 30 days of receiving the complaint, the commissioner must issue a written
decision to the complainant that addresses each allegation in the complaint and contains
findings of fact and conclusions. If the commissioner finds that the school board or school
failed to comply with sections 121A.40 to 121A.56, the commissioner must order corrective
action that may include compensatory education for the pupil or training for school staff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year.
new text end

Sec. 13.

Minnesota Statutes 2018, 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 track dismissals
by school administrators and work annually with teachers and other district staff, 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 5a;
new text end

new text begin (3) understand and apply more serious 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 (4) reduce the number of dismissals, especially for nonviolent incidents; and
new text end

new text begin (5) understand the role implicit and explicit bias and lack of cultural understanding play
on dismissals of students from historically underserved communities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 14.

Minnesota Statutes 2018, section 121A.47, subdivision 2, is amended to read:


Subd. 2.

Written notice.

Written notice of intent to take action deleted text beginshalldeleted text endnew text begin mustnew text end:

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;

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 5a,
and the term of the exclusion or expulsion;
new text end

deleted text begin (c)deleted text endnew 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 deleted text beginor guardiandeleted text end 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 2019-2020 school year and later.
new text end

Sec. 15.

Minnesota Statutes 2018, section 121A.47, subdivision 13, is amended to read:


Subd. 13.

Basis of school board decision; opportunity for comment.

The school board
deleted text begin shalldeleted text endnew text begin mustnew text end base its decision upon the recommendation of the hearing officer or school board
member or committee and deleted text beginshalldeleted text endnew text begin mustnew text end 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 pupil'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 5a;
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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 16.

Minnesota Statutes 2018, section 121A.47, subdivision 14, is amended to read:


Subd. 14.

deleted text beginAdmission ordeleted text end Readmission plan.

(a) new text beginAn exclusion or expulsion must include
a readmission plan.
new text endA school administrator deleted text beginshalldeleted text endnew text begin, after attempting to contact and solicit input
from the affected pupil's parent, and in consultation with the affected pupil's teachers, must
new text end
prepare and enforce deleted text beginan admission ordeleted text end new text begina new text endreadmission 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 readmission plan must provide, 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 readmission plan must not obligate a
parent deleted text beginor guardiandeleted text end to provide psychotropic drugs to deleted text begintheir studentdeleted text endnew text begin the pupilnew text end as a condition
of readmission. School officials must not use the refusal of a parent deleted text beginor guardiandeleted text end to consent
to the administration of psychotropic drugs to deleted text begintheir studentdeleted text endnew text begin the pupilnew text end or to consent to a
psychiatric evaluation, screening or examination of the student as a ground, by itself, to
prohibit the deleted text beginstudentdeleted text endnew text begin pupilnew 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) A school district or charter school 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 2019-2020 school year and later.
new text end

Sec. 17.

Minnesota Statutes 2018, section 121A.53, is amended to read:


121A.53 REPORT TO COMMISSIONER OF EDUCATION.

Subdivision 1.

deleted text beginExclusions and expulsionsdeleted text endnew text begin Dismissalsnew text end; physical assaultsnew text begin; withdrawal
agreements
new text end.

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 exclusionnew text begin,
suspension,
new text end or expulsion deleted text beginanddeleted text endnew text begin,new text end each physical assault of a district employee by a deleted text beginstudentdeleted text endnew text begin pupil,
and each pupil withdrawal agreement
new text end within 30 days of the effective date of the dismissal
action deleted text beginordeleted text endnew text begin,new text end assault deleted text beginto the commissioner of educationdeleted text endnew text begin, or agreementnew 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 endnew text begin of the disciplinary action;
new text end

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

new text begin (7) any exclusion or expulsion decision that was reversed on appealnew text end.

new text begin (b)new text end The report must also include deleted text beginthe student's age, grade, gender, race, and special
education status
deleted text endnew text begin a removal from class for three hours or more during any five-day period,
the reason for the removal, and the date and length of the removal
new text end.

new text begin (c) For both removals and dismissals, the report must state 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

Subd. 2.

Report.

(a) new text beginConsistent with the requirements of subdivision 1, new text endthe school board
must include 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 beginrequired by the departmentdeleted text end. The
department must report annually to the commissioner summary data on the number of
new text begin removals, pupil withdrawal agreements, 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 special education status. The school board must submit
new text end all new text beginremoval, new text enddismissalnew text begin,new text end and other
disciplinary reports deleted text beginmust be submitteddeleted 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 website 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 unless the information would reveal personally
identifiable information about a student. A school district must post on its website at least
the portion of the commissioner's report containing summary data on the district.
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 compliance with 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 2019-2020 school year and later.
new text end

Sec. 18.

Minnesota Statutes 2018, section 121A.55, is amended to read:


121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education deleted text beginshall promulgatedeleted text endnew text begin must adoptnew text end guidelines to assist each
school board. Each school board deleted text beginshalldeleted text endnew text begin mustnew text end 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 beginshall emphasize preventing dismissals through early detection of problems and
shall
deleted 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 unless 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) encourage positive pupil behavior; and
new text end

new text begin (5) 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 deleted text beginshalldeleted text endnew text begin mustnew text end recognize the continuing responsibility of the school deleted text beginfor the
education of
deleted text endnew text begin to provide alternative education services tonew text end the pupil during the dismissal periodnew text begin
and for the duration of a pupil withdrawal agreement
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 deleted text begintowardsdeleted text endnew text begin towardnew text end meeting the graduation standards adopted under section 120B.02
and help prepare the pupil for readmission.new text begin The district or school, in collaboration with the
pupil's parent, must have a readmission plan for each pupil who is dismissed or enters into
a pupil withdrawal agreement.
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 deleted text beginshalldeleted text endnew text begin mustnew text end 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 the officer, 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 policy
and its
new text endappropriate use of peace new text beginand school resource new text endofficers and crisis teams to remove
deleted text begin students 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 2019-2020 school year and later.
new text end

Sec. 19.

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 of education must
award grants to applicant nonprofit organizations, school districts, and charter schools to
provide professional development opportunities to school community members to implement
the Pupil Fair Dismissal Act in sections 121A.40 to 121A.56 and other applicable pupil
discipline laws and rules. The commissioner may use up to two percent of the grant to
administer the grant funds.
new text end

new text begin Subd. 2. new text end

new text begin Use of funds. new text end

new text begin A school district or charter school that applies for and receives
funding under this section must use the funds to provide teachers, school administrators,
school board members, other school staff, and school resource officers with professional
development opportunities that enable them to:
new text end

new text begin (1) create a positive school culture that considers and respects all cultures;
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 potential involvement
with the juvenile justice and adult criminal justice systems;
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 (7) understand the role of implicit and explicit bias in dismissal rates among students in
underserved communities; and
new text end

new text begin (8) use nonexclusionary disciplinary responses to pupil misconduct including restorative
justice or positive behavioral or trauma-informed interventions and supports.
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. 20.

Minnesota Statutes 2018, 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 must adopt a written districtwidenew text begin
or charter networkwide
new text end school discipline policy which includes new text beginparental notification
requirements,
new text endwritten rules of conduct for deleted text beginstudents, minimum consequences for violations
of the rules,
deleted text endnew text begin pupils,new 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, law enforcement
agencies, county attorney offices, social service agencies, and deleted text beginsuchdeleted text end other individuals or
organizations deleted text beginasdeleted text end 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 according to 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 deleted text beginor guardiandeleted text end new text beginwithin 30 days of a pupil
being removed from class
new text endto discuss the deleted text beginproblem that is causing the student to be removed
from class after the student has been removed from class more than ten times in one school
year
deleted text endnew text begin reason for the removal 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 the following deleted text beginprovisions as well as other grounds
determined appropriate by the board
deleted text end:

deleted text begin (a) 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 end new text begin (1) willful violation of a
reasonable school board rule or policy that is specific and sufficiently clear to provide notice
to pupils; and
new text end

deleted text begin (b)deleted text endnew text begin (2)new text end willful conduct that endangersnew text begin the pupil ornew text end surrounding persons, including school
district employeesdeleted text begin, the student or other students, or the property of the school; anddeleted text endnew text begin.
new text end

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

Subd. 3.

Policy components.

The policy must include at least the following components:

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) thedeleted text endnew text begin (2)new text end 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 deleted text beginadeleted text end class;

deleted text begin (c) thedeleted text endnew text begin (3)new text end authority of deleted text beginthedeleted text endnew text begin anew text end classroom teacher to remove deleted text beginstudentsdeleted text endnew text begin a pupilnew text end from the
classroom deleted text beginpursuant todeleted text endnew text begin according to thenew text end procedures and rules established in the district's
policy;

deleted text begin (d) thedeleted text endnew text begin (4)new text end 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 classnew text end;

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

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

deleted text begin (e)deleted text endnew 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) thedeleted text endnew text begin (8)new text end procedures for deleted text beginreturn ofdeleted text end a deleted text beginstudentdeleted text endnew text begin pupil to returnnew text end to the 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) thedeleted text endnew text begin (9)new text end 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 deleted text beginor
guardian
deleted text end of violations of the rules of conduct deleted text beginand ofdeleted text end resultingnew text begin innew text end disciplinary 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) anydeleted text endnew text begin (10)new text end procedures determined appropriate deleted text beginfor encouraging early involvement ofdeleted text endnew text begin to
involve
new text end parents deleted text beginor guardiansdeleted text end 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) anydeleted text endnew text begin (11)new text end procedures determined appropriate for encouraging early detection of
behavioral problems;

deleted text begin (k) anydeleted text endnew text begin (12)new text end 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) thedeleted text endnew text begin (13)new text end 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 of conduct
new text end violations deleted text beginof 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 2019-2020 school year and later.
new text end

Sec. 21.

Minnesota Statutes 2018, 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
deleted text begin shalldeleted text endnew text begin mustnew text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 22.

Minnesota Statutes 2018, 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 of a pupil removed by a peace officer or school resource
officer from a classroom, school building, or school grounds unless the notice is specifically
prohibited by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 23.

Minnesota Statutes 2018, 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) Consistent with paragraph (a)new text begin and a district or school classroom removal policynew text end, the
teacher may remove deleted text beginstudentsdeleted text endnew text begin a pupilnew text end from class under section 121A.61, subdivision 2, for
new text begin willful new text endviolent deleted text beginor disruptive conductdeleted text endnew text begin behaviornew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 24.

Minnesota Statutes 2018, 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 and new text beginnonexclusionary disciplinary policies and practices
to keep students in the classroom and in school and on
new text endresearch-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;
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

new text begin (11) reduce the number of dismissals, especially for nonviolent incidents; and
new text end

new text begin (12) show the role implicit and explicit bias and lack of cultural understanding play on
dismissals of students from historically underserved communities.
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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 25.

Minnesota Statutes 2018, section 123B.147, subdivision 3, is amended to read:


Subd. 3.

Duties; evaluation.

(a) The principal deleted text beginshalldeleted text endnew text begin mustnew text end 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 2019-2020 school year and later.
new text end

Sec. 26.

Minnesota Statutes 2018, section 124E.11, is amended to read:


124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.

(a) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), 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, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), deleted text beginshalldeleted text endnew text begin mustnew text end 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 website, a lottery policy and
process that it must use when accepting pupils by lot.

(c) A charter school deleted text beginshalldeleted text endnew text begin mustnew text end 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 (b), who are eligible to enroll in
kindergarten in the next school year.

(d) A person deleted text beginshalldeleted text endnew text begin mustnew text end 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 website 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, including its preschool or
prekindergarten program established under section 124E.06, subdivision 3, paragraph (b),
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 deleted text beginshalldeleted text endnew text begin mustnew text end 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.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. 27. 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 (a) 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 5,000,000
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 5,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

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