as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; requiring a mental health 1.3 screening when a student is suspended from school for 1.4 more than ten school days in a school year; amending 1.5 Minnesota Statutes 2003 Supplement, section 121A.61, 1.6 subdivision 3. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2003 Supplement, section 1.9 121A.61, subdivision 3, is amended to read: 1.10 Subd. 3. [POLICY COMPONENTS.] The policy must include at 1.11 least the following components: 1.12 (a) rules governing student conduct and procedures for 1.13 informing students of the rules; 1.14 (b) the grounds for removal of a student from a class; 1.15 (c) the authority of the classroom teacher to remove 1.16 students from the classroom pursuant to procedures and rules 1.17 established in the district's policy; 1.18 (d) the procedures for removal of a student from a class by 1.19 a teacher, school administrator, or other school district 1.20 employee; 1.21 (e) the period of time for which a student may be removed 1.22 from a class, which may not exceed five class periods for a 1.23 violation of a rule of conduct; 1.24 (f) provisions relating to the responsibility for and 1.25 custody of a student removed from a class; 1.26 (g) the procedures for return of a student to the specified 2.1 class from which the student has been removed; 2.2 (h) the procedures for notifying a student and the 2.3 student's parents or guardian of violations of the rules of 2.4 conduct and of resulting disciplinary actions; 2.5 (i) any procedures determined appropriate for encouraging 2.6 early involvement of parents or guardians in attempts to improve 2.7 a student's behavior; 2.8 (j) any procedures determined appropriate for encouraging 2.9 early detection of behavioral problems; 2.10 (k) any procedures determined appropriate for referring a 2.11 student in need of special education services to those services; 2.12 (1) the procedures for consideration of whether there is a 2.13 need for a further assessment or of whether there is a need for 2.14 a review of the adequacy of a current individual education plan 2.15 of a student with a disability who is removed from class; 2.16 (m) procedures for detecting and addressing chemical abuse 2.17 problems of a student while on the school premises; 2.18 (n) the minimum consequences for violations of the code of 2.19 conduct; 2.20 (o) procedures for immediate and appropriate interventions 2.21 tied to violations of the code; 2.22 (p) a provision that states that a teacher, school 2.23 employee, school bus driver, or other agent of a district may 2.24 use reasonable force in compliance with section 121A.582 and 2.25 other laws;and2.26 (q) an agreement regarding procedures to coordinate crisis 2.27 services to the extent funds are available with the county board 2.28 responsible for implementing sections 245.487 to 245.4887 for 2.29 students with a serious emotional disturbance or other students 2.30 who have an individualized education plan whose behavior may be 2.31 addressed by crisis intervention; and 2.32 (r) in order to assess, diagnose, and treat a student with 2.33 mental health needs, a procedure for providing a mental health 2.34 screening to a student who is suspended from school for more 2.35 than ten consecutive school days or subject to a series of 2.36 school suspensions that cumulatively are more than ten school 3.1 days in a school year and constitute a pattern based on the 3.2 length and proximity of the suspensions. 3.3 [EFFECTIVE DATE.] This section is effective the day 3.4 following final enactment.