HF 3041

as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2016 04:37pm

A bill for an act
relating to education; affecting student inclusion and engagement; making
nonexclusionary policies and practices a central focus of pupil discipline;
appropriating money; amending Minnesota Statutes 2014, sections 120B.11,
subdivision 1a; 120B.35, subdivision 3; 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.67, by adding a subdivision;
123B.147, subdivision 3; Minnesota Statutes 2015 Supplement, sections
122A.60, subdivision 1a; 124E.11.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin CITATION.
new text end

new text begin Sections 1 to 17 may be cited as "The Student Inclusion and Engagement Act."
new text end

Sec. 2.

Minnesota Statutes 2014, 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) student performance on the National Assessment of Education Progress where
applicable;

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

(3) student performance on the Minnesota Comprehensive Assessments;

(4) high school graduation rates; deleted text begin and
deleted text end

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

new text begin (6) 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 2016-2017 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2014, section 120B.35, subdivision 3, is amended to read:

Subd. 3.

State growth target; other state measures.

(a) The state's educational
assessment system measuring individual students' educational growth is based on
indicators of achievement growth that show an individual student's prior achievement.
Indicators of achievement and prior achievement must be based on highly reliable
statewide or districtwide assessments.

(b) The commissioner, in consultation with a stakeholder group that includes
assessment and evaluation directors, district staff, experts in culturally responsive teaching,
and researchers, must implement a model that uses a value-added growth indicator and
includes criteria for identifying schools and school districts that demonstrate medium and
high growth under section 120B.299, subdivisions 8 and 9, and may recommend other
value-added measures under section 120B.299, subdivision 3. The model may be used
to advance educators' professional development and replicate programs that succeed in
meeting students' diverse learning needs. Data on individual teachers generated under the
model are personnel data under section 13.43. The model must allow users to:

(1) report student growth consistent with this paragraph; and

(2) for all student categories, report and compare aggregated and disaggregated state
growth data using the deleted text begin nine deleted text end student categories identified under the federal deleted text begin 2001 No Child
Left Behind Act and two student gender categories of male and female, respectively
deleted text end new text begin 2015 Every Student Succeeds Act, including racial and ethnic groups, economically
disadvantaged status, English proficiency status, gender, migrant status, homeless and
foster youth, and students with a parent in the military new text end , following appropriate reporting
practices to protect nonpublic student data.

The commissioner must report measures of student growth, consistent with this
paragraph, including the English language development, academic progress, and oral
academic development of English learners and their native language development if the
native language is used as a language of instruction.

(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:

(1) a preparation measure indicating the number and percentage of high school
graduates in the most recent school year who completed course work important to
preparing them for postsecondary academic and career opportunities, consistent with
the core academic subjects required for admission to Minnesota's public colleges and
universities as determined by the Office of Higher Education under chapter 136A; and

(2) a rigorous coursework measure indicating the number and percentage of high
school graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.

When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the deleted text begin nine deleted text end student categories
identified under the federal deleted text begin 2001 No Child Left Behind Act and two student gender
categories of male and female, respectively deleted text end new text begin 2015 Every Student Succeeds Act new text end , following
appropriate reporting practices to protect nonpublic student data.

(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school
safety and students' engagement and connection at school. The summary data under this
paragraph are separate from and must not be used for any purpose related to measuring
or evaluating the performance of classroom teachers. The commissioner, in consultation
with qualified experts on student engagement and connection and classroom teachers,
must identify highly reliable variables that generate summary data under this paragraph.
The summary data may be used at school, district, and state levels only. Any data on
individuals received, collected, or created that are used to generate the summary data
under this paragraph are nonpublic data under section 13.02, subdivision 9.

(e) For purposes of statewide educational accountability, the commissioner must
identify and report measures that demonstrate the success of learning year program
providers under sections 123A.05 and 124D.68, among other such providers, in improving
students' graduation outcomes. The commissioner, beginning July 1, 2015, must annually
report summary data on:

(1) the four- and six-year graduation rates of students under this paragraph;

(2) the percent of students under this paragraph whose progress and performance
levels are meeting career and college readiness benchmarks under section 120B.30,
subdivision 1; and

(3) the success that learning year program providers experience in:

(i) identifying at-risk and off-track student populations by grade;

(ii) providing successful prevention and intervention strategies for at-risk students;

(iii) providing successful recuperative and recovery or reenrollment strategies for
off-track students; and

(iv) improving the graduation outcomes of at-risk and off-track students.

The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.

(f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of English
learners, must identify and report appropriate and effective measures to improve current
categories of language difficulty and assessments, and monitor and report data on students'
English proficiency levels, program placement, and academic language development,
including oral academic language.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2014, 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 support. new text end

new text begin "Positive behavior
interventions and support" has the meaning given in section 125A.0941, paragraph (d),
and is consistent with section 125A.0942, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2014, 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 those policies and practices that are alternatives to removing a pupil from class
or dismissing a pupil from school, including positive behavior interventions and support
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 those policies
and practices under sections 121A.575, clause (1) or (2); 121A.031, subdivision 4,
paragraph (a), clause (1); 121A.61, subdivision 3, paragraph (q); 125A.0941; and
125A.0942, subdivision 6, among other such related policies and practices.
new text end

Sec. 6.

Minnesota Statutes 2014, section 121A.42, is amended to read:

121A.42 POLICY.

new text begin (a) new text end No 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,
including positive behavior interventions and support, and attempt to provide alternatives
under section 121A.575, clause (1) or (2), among other interventions and strategies, before
beginning dismissal proceedings and, to the extent practicable, 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 2016-2017 school year and
later.
new text end

Sec. 7.

Minnesota Statutes 2014, section 121A.45, is amended to read:

121A.45 GROUNDS FOR DISMISSAL.

Subdivision 1.

deleted text begin Provision of deleted text end new text begin Providing new text end alternative programs.

No school shall
dismiss any pupil without new text begin first new text end attempting to new text begin use nonexclusionary disciplinary policies and
practices, including positive behavior interventions and support, and new text end provide alternative
deleted text begin educational services deleted text end new text begin interventions and strategies, including those under section 121A.575,
clause (1) or (2), new text end before new text begin beginning new text end dismissal proceedings, except where it appears deleted text begin that deleted text end the
pupil will create an immediate and substantial danger to self or to surrounding persons deleted text begin or
property deleted text end .

Subd. 2.

Grounds for dismissal.

new text begin (a) new text end A pupil may be dismissed deleted text begin on any of the
following grounds deleted text end new text begin for new text end :

deleted text begin (a) willful violation of any deleted text end new text begin (1) willfully violating a new text end reasonable school board
regulation deleted text begin . Such regulation must be deleted text end new text begin that is specific and sufficiently new text end clear and definite to
deleted text begin provide notice to deleted text end new text begin notify new text end pupils deleted text begin that they must deleted text end new text begin to new text end conform their conduct to its requirements
new text begin and no school board regulation may include a "zero-tolerance" policy requiring a school
official to automatically dismiss a pupil, except under clause (2) new text end ; new text begin or
new text end

deleted text begin (b) deleted text end new text begin (2) new text end willful conduct that deleted text begin 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) willful conduct that deleted text end endangers the pupil or other pupils, or surrounding persons,
including school district employees, deleted text begin or property of the school deleted text end new text begin consistent with the Student
Inclusion and Engagement Act new text end .

new text begin (b) 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 begin If a pupil's total days of removal
from school exceeds ten cumulative days in a school year, the school district shall deleted text end new 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 and new text end make reasonable attempts to convene a meeting
with the pupil and the pupil's parent or guardian deleted text begin before subsequently removing the pupil
from school deleted text end and, 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 develop a plan for using nonexclusionary practices,
including positive behavior interventions and support, and to new text end attempt 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 2016-2017 school year and
later.
new text end

Sec. 8.

Minnesota Statutes 2014, section 121A.46, is amended to read:

121A.46 SUSPENSION PROCEDURES.

Subdivision 1.

deleted text begin Informal deleted 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 begin informal
deleted text end administrative conference with the pupil. new text begin School officials must inform the pupil of the
pupil's right to have an adult advocate participate in the administrative conference and,
if the pupil informs a school official verbally or in writing that the pupil wants an adult
advocate to participate, school officials must make documented efforts to contact and
include that adult advocate in the administrative conference. All pupils through grade 5
and all pupils with disabilities must identify and have an adult advocate present at an
administrative conference. If the pupil is unable to identify an adult advocate, school
officials must assign an adult advocate that, to the extent practicable, the pupil trusts. new text end The
deleted text begin informal deleted text end administrative conference shall take place before the suspension, except where
it appears that the pupil will create an immediate and substantial danger to self or to
surrounding persons deleted text begin or property deleted text end , in which case the conference shall take place as soon
as practicable following the suspension.

new text begin (b) An adult advocate under paragraph (a) is a supportive person over age 18 who
helps the pupil subject to suspension understand the grounds for the suspension or other
discipline and secure the best interventions and strategies or other outcomes for the pupil
that are appropriate for meeting the pupil's needs.
new text end

new text begin Subd. 1a. new text end

new text begin Nonexclusionary disciplinary policies and practices. new text end

new text begin (a) To the extent
practicable, school officials must use nonexclusionary practices, including positive
behavior interventions and support, and attempt to provide alternative interventions and
strategies under section 121A.575, clause (1) or (2), among other interventions and
strategies, before suspending a pupil.
new text end

new text begin (b) A school superintendent annually must work with school administrators,
consistent with sections 122A.60 and 122A.61, to provide district educators with
professional development opportunities to acquire the knowledge and skills to use
nonexclusionary disciplinary policies and practices under section 121A.41, subdivision
13, and to use more serious forms of discipline involving dismissal only if the pupil's
conduct endangers the pupil or other pupils, or surrounding persons, including school
district employees.
new text end

Subd. 2.

Administrator notifies pupil of grounds for suspension.

At the deleted text begin informal
deleted text end administrative conference, a school administrator shall notify the pupil of the grounds for
the suspension deleted text begin , provide an explanation of deleted text end new text begin and explain new text end the evidence the authorities have deleted text begin ,
and deleted text end new text begin . A school administrator must inform the pupil that new text end the pupil deleted text begin may deleted text end new text begin is not required to
new text end present the pupil's version of the facts new text begin , and any testimony the pupil provides can be used
against the pupil in a subsequent court proceeding 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, why school administrators are suspending the pupil, the length of
the suspension, new text end a deleted text begin readmission deleted text end new text begin re-engagement new 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 new text begin or electronically new text end as soon as possible following suspension. deleted text begin In
the event deleted text end new text begin If new text end a pupil is suspended without an deleted text begin informal deleted text end administrative conference on the
grounds that the pupil will create an immediate and substantial danger to surrounding
persons deleted text begin or property deleted 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, a representative, a parent or guardian, or a 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 new text begin , 1a, new text end and 3, the 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 begin five deleted text end new text begin three new 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 each 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 receive timely course materials and other
information, complete daily and weekly assignments, and receive teachers' feedback,
and to otherwise 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, each pupil who
is suspended or transferred to an alternative learning program must have a re-engagement
plan, developed in collaboration with the pupil's family, to the extent practicable, 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 educators with staff development opportunities
under sections 122A.60 and 122A.61 to acquire the knowledge and skills to implement
paragraph (a), consistent with subdivision 1a, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 9.

Minnesota Statutes 2014, section 121A.47, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Nonexclusionary practices required first. new text end

new text begin A school superintendent
annually must work with school administrators, consistent with sections 122A.60 and
122A.61 to: provide district educators with professional development opportunities to
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; initially use nonexclusionary disciplinary policies and practices under
section 121A.41, subdivision 13, including positive behavior interventions and support;
and use 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

Sec. 10.

Minnesota Statutes 2014, 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 end new 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 end new 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 rationale for excluding or expelling the pupil instead of imposing
nonexclusionary disciplinary 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 end new text begin (5) new text end be accompanied by a copy of sections 121A.40 to 121A.56;

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

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

deleted text begin (1) deleted text end new text begin (i) new text end have a representative of the pupil's own choosing, including legal counsel,
at the hearing deleted text begin . deleted text end new text begin , and have new text end the district deleted text begin shall deleted 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 deleted text begin Department of Education deleted text end new text begin department new text end ;

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

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

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

Sec. 11.

Minnesota Statutes 2014, 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 may provide the
parties with the opportunity to present exceptions 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 must new text begin :
new text end

new text begin (1) new text end be based on the record deleted text begin , must deleted text end new text begin ;
new text end

new text begin (2) new text end be in writing deleted text begin , and must deleted text end new text begin ;
new text end

new text begin (3) explain the rationale for excluding or expelling the pupil instead of imposing
nonexclusionary disciplinary 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 2014, section 121A.47, subdivision 14, is amended to read:

Subd. 14.

deleted text begin Admission or readmission deleted text end new text begin Re-engagement new text end plan.

(a) A school
administrator new text begin , after making efforts to the extent practicable 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 begin an admission or readmission deleted text end new text begin a re-engagement new text end plan
for any pupil who is excluded or expelled from school. The plan deleted text begin may 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 end new text begin must address and work to remedy the factors and other
circumstances leading to the pupil's exclusion or expulsion new text end .

(b) deleted text begin The 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. deleted text end Each deleted text begin suspension action may
deleted text end new text begin exclusion and expulsion must new text end include a deleted text begin readmission deleted text end new text begin re-engagement new text end plan. A deleted text begin readmission
deleted text end new text begin re-engagement new text end plan must new text begin be consistent with section 121A.46, subdivision 6, and new text end provide,
where appropriate, alternative education services, which must not be used to extend the
deleted text begin student's deleted text end new text begin pupil's new text end current deleted text begin suspension deleted text end new text begin dismissal new text end period. Consistent with section 125A.091,
subdivision 5, a deleted text begin readmission deleted text end new text begin re-engagement new text end plan must not obligate a parent or guardian to
provide psychotropic drugs to their deleted text begin student deleted text end new text begin pupil new 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 begin student deleted text end new text begin pupil new text end or to consent to a psychiatric evaluation,
screening or examination of the deleted text begin student deleted text end new text begin pupil new text end as a ground, by itself, to prohibit the deleted text begin student
deleted text end new text begin pupil new 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) Districts and schools must provide teachers, school administrators, other licensed
professionals working with pupils, school board members, and school resources officers
with professional development opportunities to acquire and improve the knowledge and
skills needed to effectively provide positive behavior interventions and support, among
other nonexclusionary interventions and strategies used, and alternative educational
services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 13.

Minnesota Statutes 2014, section 121A.53, is amended to read:

121A.53 REPORT TO COMMISSIONER OF EDUCATION.

Subdivision 1.

Exclusions and expulsions.

new text begin (a) Consistent with subdivision 2, new text end the
school board must deleted text begin report through deleted text end new text begin use new text end the department electronic reporting system new text begin to report
to the commissioner new text end each exclusion or expulsion new text begin 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 end within 30 days of the effective date of the action deleted text begin to the commissioner
of education deleted text end . This report must deleted text begin include a statement of alternative educational services
given the pupil and the reason for, deleted text end new text begin indicate the pupil's behavior being disciplined; the
positive behavior interventions and support, among other nonexclusionary interventions
and strategies used, and the attempts to provide the pupil with alternative education
services before excluding or expelling the pupil and explain why these interventions,
strategies, and services were inadequate; new text end the effective date deleted text begin , deleted text end new text begin of the action; new text end and the duration
of the exclusion or expulsion. The report must also include the deleted text begin student's deleted text end new text begin pupil's new text end age, grade,
gender, race, new text begin and ethnicity, whether the pupil is homeless or highly mobile, whether the
pupil qualifies for a meal subsidy, 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 begin the new text end special education status new text begin of the pupil new text end .

new text begin (b) Consistent with the requirements of paragraph (a) and subdivision 2, the school
board also must report to the commissioner each removal of a pupil from class or dismissal
of a pupil from school.
new text end

Subd. 2.

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

new text begin (a) Consistent with the requirements under
subdivision 1, new text end the school board must new text begin report the pupils removed from class and the
reason for and the date and length of the removal, and must new text end include state deleted text begin student deleted text end new text begin pupil
new text end identification numbers of affected pupils on all new text begin state-required removal and new text end dismissal
reports deleted text begin required by the department deleted text end . The department must report annually to the
commissioner summary data on the number of new text begin pupil removals and new text end dismissals by age,
grade, gender, race, new text begin and ethnicity, whether the pupil is homeless or highly mobile, whether
the pupil qualifies for a meal subsidy, 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 special education status of the affected
pupils. new text begin The school board must submit new text end all new text begin removal and new text end dismissal reports deleted text begin must be submitted
deleted text end through the department electronic reporting system.

new text begin (b) The commissioner annually by October 31 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 2016-2017 school year and
later.
new text end

Sec. 14.

Minnesota Statutes 2014, 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 shall deleted text end new text begin must
new text end be designed to deleted text begin address students' deleted text end new text begin : new text end

new text begin (1) avoid removing pupils from class or dismissing pupils from school before
attempting to use nonexclusionary programs, interventions, and strategies except where
the pupil's conduct endangers the pupil or other pupils, or surrounding persons, including
school district employees;
new text end

new text begin (2) prevent pupils' new text end inappropriate behavior from recurring new 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) let pupils 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, consistent
with this act; and
new text end

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

new text begin (b) new text end The policies new text begin also new text end shall recognize the continuing responsibility of the school for
deleted text begin the education of deleted text end new text begin providing alternative education services to new text end the pupil during the dismissal
period new 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 services deleted 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 readmission new text begin and re-engagement new text end . new text begin The school or district, in
collaboration with the affected parent or guardian to the extent practicable, 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 end new text begin (c) A school board or new 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 end new text begin (d) new text end Each school district shall deleted text begin develop a policy deleted text end new text begin enter into a written memorandum
of understanding with its peace or school resource officers regarding the officers' role in
the school, new text end and report deleted text begin it deleted text end to the commissioner on the new text begin district's new text end appropriate use of peace new text begin and
school new text end officers and crisis teams to new text begin help with pupil discipline and to new text end remove deleted text begin students deleted text end new text begin pupils
new text end who have an individualized education program from school grounds. new text begin The district also
must transmit to the commissioner a copy of its written memorandum of understanding.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 15.

Minnesota Statutes 2014, section 121A.61, is amended to read:

121A.61 DISCIPLINE AND REMOVAL OF deleted text begin STUDENTS deleted text end new text begin PUPILS new text end FROM
CLASS.

Subdivision 1.

Required policy.

Each school board must adopt a written
districtwide school discipline policy which includes written rules of conduct for deleted text begin students,
minimum consequences for violations of the rules, deleted text end new text begin pupils new text end and grounds and procedures for
deleted text begin removal of deleted text end new text begin removing new text end a deleted text begin student deleted text end new text begin pupil new text end from class. The new text begin board must develop the new text end policy deleted text begin must
be developed deleted text end in consultation with administrators, teachers, employees, pupils, parents,
community members, deleted text begin law 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 begin student deleted text end new text begin pupil new text end may be removed from a class in the district for a period
of time under the procedures specified in the policy new 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 begin student's deleted text end new text begin pupil's new text end parent or guardian new text begin as soon as practicable
after a pupil is removed from class new text end to discuss the problem deleted text begin that is deleted text end causing the deleted text begin student to
be removed deleted text end new text begin pupil's removal new text end from class deleted text begin after the student has been removed from class
more than ten times in one school year deleted text end new 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 begin include deleted text end at least deleted text begin the following provisions as well as other
grounds determined appropriate by the board deleted text end new text begin address new text end :

deleted text begin (a) deleted text end new 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 deleted text begin students deleted text end new text begin pupils new text end in a class or with the ability of other deleted text begin students deleted text end new text begin pupils new text end to learn;

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

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

Subd. 3.

Policy components.

The policy must new text begin at least new text end include deleted text begin at least the following
components deleted text end :

deleted text begin (a) deleted text end new text begin (1) new text end rules governing deleted text begin student deleted text end new text begin pupil new text end conduct and procedures for informing deleted text begin students
deleted text end new text begin pupils new text end of the rules;

deleted text begin (b) deleted text end new text begin (2) new text end the grounds for deleted text begin removal of deleted text end new text begin removing new text end a deleted text begin student deleted text end new text begin pupil new text end from a class;

deleted text begin (c) deleted text end new text begin (3) new text end the authority of the classroom teacher to remove deleted text begin students deleted text end new text begin pupils new text end from the
classroom deleted text begin pursuant to deleted text end new text begin under the new text end procedures and rules deleted text begin established deleted text end in the district's policy;

deleted text begin (d) deleted text end new text begin (4) new text end the procedures for deleted text begin removal of a student from a class by deleted text end a teacher, school
administrator, or other school district employee new text begin to remove a pupil from a class new text end ;

deleted text begin (e) deleted text end new text begin (5) new text end the period of time for which a deleted text begin student deleted text end new text begin pupil new text end may be removed from a class,
which deleted text begin may deleted text end new text begin must new text end not exceed deleted text begin five deleted text end new text begin two new text end class periods for deleted text begin a violation of deleted text end new text begin violating new text end a rule of
conduct;

deleted text begin (f) deleted text end new text begin (6) new text end provisions relating to the responsibility for and custody of a deleted text begin student deleted text end new text begin pupil
new text end removed from a class;

deleted text begin (g) deleted text end new text begin (7) new text end the procedures for deleted text begin return of deleted text end a deleted text begin student deleted text end new text begin pupil new text end to new text begin return to new text end the deleted text begin specified deleted text end class
from which the deleted text begin student has been deleted text end new text begin pupil was new text end removed;

deleted text begin (h) deleted text end new text begin (8) new text end the procedures for notifying a deleted text begin student deleted text end new text begin pupil new text end and the deleted text begin student's deleted text end new text begin pupil's new text end parents
or guardian of violations of the rules of conduct deleted text begin and of deleted text end resulting new text begin in new text end disciplinary actions
new 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 end new text begin (9) new text end any new text begin appropriate new text end procedures deleted text begin determined appropriate deleted text end for deleted text begin encouraging early
involvement of deleted text end new text begin involving new text end parents or guardians in new text begin early new text end attempts to improve a deleted text begin student's
deleted text end new text begin pupil's new text end behavior;

deleted text begin (j) deleted text end new text begin (10) new text end any new text begin appropriate new text end procedures deleted text begin determined appropriate deleted text end for encouraging early
detection of behavioral problems;

deleted text begin (k) deleted text end new text begin (11) new text end any new text begin appropriate new text end procedures deleted text begin determined appropriate deleted text end for referring a deleted text begin student
deleted text end new text begin pupil new text end in need of special education services to those services;

deleted text begin (1) deleted text end new text begin (12) new text end the procedures for deleted text begin consideration of deleted text end new text begin considering new text end whether deleted text begin there is a need for a
deleted text end new text begin to new text end further deleted text begin assessment deleted text end new text begin assess a pupil with a disability new text end or deleted text begin of deleted text end whether deleted text begin there is a need for a
review of the adequacy of deleted text end a current individualized education program of a deleted text begin student deleted text end new text begin pupil
new text end with a disability who is removed from class new text begin is adequate new text end ;

deleted text begin (m) deleted text end new text begin (13) new text end procedures for detecting and addressing chemical abuse problems of a
deleted text begin student deleted text end new 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 end new text begin (14) new text end procedures for immediate and appropriate interventions tied to new text begin code
new text end violations deleted text begin of the code deleted text end ; new text begin and
new 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; and
deleted text end

deleted text begin (q) deleted text end new text begin (15) new text end an agreement deleted text begin regarding procedures deleted 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 begin students deleted text end new text begin pupils new text end with a serious emotional disturbance or other
deleted text begin students deleted text end new text begin pupils new text end who have an individualized education program whose behavior may be
addressed by crisis intervention.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 16.

Minnesota Statutes 2014, 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
reasonable 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. 17.

Minnesota Statutes 2015 Supplement, 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 begin nonexclusionary 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 begin and
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 options new 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. 18.

Minnesota Statutes 2014, 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 begin and
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 improved new 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 2016-2017 school year and
later.
new text end

Sec. 19.

Minnesota Statutes 2015 Supplement, 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.56 new text begin , and the 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. 20. new text begin APPROPRIATION.
new text end

new text begin (a) $....... in fiscal year 2017 is appropriated from the general fund to the
commissioner of education to provide technical assistance to, and help school districts with
the professional development needed for, teachers, school administrators, other licensed
school professionals, school board members, school resource officers, and other district
staff to fully and effectively implement the Pupil Fair Dismissal Act under Minnesota
Statutes, sections 121A.40 to 121A.56, and related pupil discipline law. The professional
development must focus on creating a positive school culture, preventing and addressing
pupil misconduct, complying with applicable pupil discipline laws and rules, using
effective classroom management and problem-solving strategies and conflict resolution
inside and outside the classroom, understanding the adverse consequence of dismissing
pupils and involving them with the juvenile justice and adult criminal justice systems,
and exploring alternative strategies such as restorative practices, peer mediation, positive
behavioral intervention and support, culturally responsive discipline, and developmentally
appropriate discipline that fosters positive, healthy, and productive school climates.
new text end

new text begin (b) The base for this program in fiscal year 2018 and later is $.......
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2017.
new text end