HF 3396

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 03:59pm

A bill for an act
relating to education; modifying student discipline and nonexclusionary disciplinary
policies and practices; amending Minnesota Statutes 2018, sections 120A.22,
subdivision 7; 121A.41, subdivision 10, by adding subdivisions; 121A.45,
subdivision 1; 121A.46, subdivision 4, by adding a subdivision; 121A.47,
subdivision 2; 121A.53, subdivision 1; 121A.55.

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

Section 1.

Minnesota Statutes 2018, section 120A.22, subdivision 7, is amended to read:

Subd. 7.

Education records.

(a) A district, a charter school, or a nonpublic school that
receives services or aid under sections 123B.40 to 123B.48 from which a student is
transferring must transmit the student's educational records, within ten business days of a
request, to the district, the charter school, or the nonpublic school in which the student is
enrolling. Districts, charter schools, and nonpublic schools that receive services or aid under
sections 123B.40 to 123B.48 must make reasonable efforts to determine the district, the
charter school, or the nonpublic school in which a transferring student is next enrolling in
order to comply with this subdivision.

(b) A closed charter school must transfer the student's educational records, within ten
business days of the school's closure, to the student's school district of residence where the
records must be retained unless the records are otherwise transferred under this subdivision.

(c) A school district, a charter school, or a nonpublic school that receives services or aid
under sections 123B.40 to 123B.48 that transmits a student's educational records to another
school district or other educational entity, charter school, or nonpublic school to which the
student is transferring must include in the transmitted records information about any formal
suspension, expulsion, and exclusion disciplinary action new text begin as well as pupil withdrawals new text end under
sections 121A.40 to 121A.56. new text begin Transmitted records must document any service a pupil
requires to prevent the inappropriate behavior from recurring. new text end The district, the charter school,
or the nonpublic school that receives services or aid under sections 123B.40 to 123B.48
must provide notice to a student and the student's parent or guardian that formal disciplinary
records will be transferred as part of the student's educational record, in accordance with
data practices under chapter 13 and the Family Educational Rights and Privacy Act of 1974,
United States Code, title 20, section 1232(g).

(d) Notwithstanding section 138.17, a principal or chief administrative officer must
remove from a student's educational record and destroy a probable cause notice received
under section 260B.171, subdivision 5, or paragraph (e), if one year has elapsed since the
date of the notice and the principal or chief administrative officer has not received a
disposition or court order related to the offense described in the notice. This paragraph does
not apply if the student no longer attends the school when this one-year period expires.

(e) A principal or chief administrative officer who receives a probable cause notice under
section 260B.171, subdivision 5, or a disposition or court order, must include a copy of that
data in the student's educational records if they are transmitted to another school, unless the
data are required to be destroyed under paragraph (d) or section 121A.75.

Sec. 2.

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

Subd. 10.

Suspension.

new text begin (a) "In-school suspension" means an instance in which a pupil
is temporarily removed from the pupil's regular classroom for at least half a day for
disciplinary purposes, but remains under the direct supervision of school personnel.
new text end

new text begin (b) "Direct supervision" means school personnel are physically present in the same
location as the student under supervision.
new text end

new text begin (c) new text end " new text begin Out-of-school new text end 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 new text begin less than new text end one school day deleted text begin or less deleted text end ,
except as provided in federal law for a student with a disability. Each suspension action
may include a readmission plan. The 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. 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. 3.

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 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. Nonexclusionary disciplinary policies and practices include but are not
limited to evidence-based positive behavior interventions and supports, social and emotional
services, school-linked mental health services, counseling services, social work services,
referrals for special education or 504 evaluations, academic screening for title one services
or reading interventions, and alternative educational services. Nonexclusionary disciplinary
policies and practices 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 also include but are not limited to the
policies and practices under sections 120B.12; 121A.031, subdivision 4, paragraph (a),
clause (1); 121A.575, clauses (1) and (2); 121A.61, subdivision 3, paragraph (q); 122A.627,
clause (3); and 123A.56.
new text end

Sec. 4.

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 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 or
guardian to withdraw a student from the school district to avoid expulsion or exclusion
dismissal proceedings. The duration of the withdrawal agreement cannot be for more than
a 12-month period.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2018, section 121A.45, subdivision 1, is amended to read:

Subdivision 1.

Provision of alternative programs.

No school shall dismiss any pupil
without attempting to deleted text begin provide alternative educational services deleted text end new text begin use nonexclusionary
disciplinary policies and practices new text end before dismissal proceedings new text begin or pupil withdrawal
proceedings new text end , except where it appears that the pupil will create an immediate and substantial
danger to self or to surrounding persons or property.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2018, section 121A.46, subdivision 4, is amended to read:

Subd. 4.

Suspension pending expulsion or exclusion hearing.

new text begin (a) new text end Notwithstanding
the provisions of subdivisions 1 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 five days.

new text begin (b) A school administrator must ensure that alternative educational services are provided
when a pupil is suspended for more than five consecutive school days.
new text end

Sec. 7.

Minnesota Statutes 2018, section 121A.46, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Minimum education services. new text end

new text begin A suspended pupil must have 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. When a class assignment
is modified due to the pupil not being physically present in the classroom setting, the modified
assignment must address the same standards as the original assignment and provide the
pupil with the same amount of credit when completed. A school principal or other person
with administrative control of the school building or program is encouraged to designate a
district or school employee as a liaison to work with the pupil's teacher to allow the suspended
pupil to (1) receive timely course materials and other information, and (2) complete daily
and weekly assignments and receive feedback from the teacher.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

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

Subd. 2.

Written notice.

Written notice of intent to take action shall:

(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;

(b) contain a complete statement of the facts, a list of the witnesses and a description of
their testimony;

(c) state the date, time, and place of the hearing;

(d) be accompanied by a copy of sections 121A.40 to 121A.56;

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

(f) inform the pupil and parent or guardian of the right to:

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

(2) examine the pupil's records before the hearing;

(3) present evidence; and

(4) confront and cross-examine witnesses.

Sec. 9.

Minnesota Statutes 2018, section 121A.53, subdivision 1, is amended to read:

Subdivision 1.

Exclusions and expulsions; new text begin pupil withdrawals and new text end physical
assaults.

new text begin Consistent with subdivision 2, new text end the school board must report through the department
electronic reporting system each exclusion or expulsion deleted text begin and deleted text end new text begin , new text end each physical assault of a
district employee by a deleted text begin student deleted text end new text begin pupil, and each pupil withdrawal agreement new text end within 30 days
of the effective date of the dismissal action new text begin , pupil withdrawal, new text end or assault to the commissioner
of education. This report must include a statement of deleted text begin alternative educational services deleted text end new text begin
nonexclusionary disciplinary practices new text end , or other sanction, intervention, or resolution in
response to the assault given the pupil and the reason for, the effective date, and the duration
of the exclusion or expulsion or other sanction, intervention, or resolution. 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, and special education status.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2018, 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 deleted text begin shall deleted text end new text begin must new 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 begin shall deleted text end new text begin must include nonexclusionary disciplinary policies and practices consistent with section
121A.41, subdivision 12, and must new text end emphasize preventing dismissals through early detection
of problems deleted text begin and shall deleted text end new text begin . The policies must new text end be designed to address students' inappropriate
behavior from recurring.

new text begin (b) new text end The policies deleted text begin shall deleted text end new text begin must new text end recognize the continuing responsibility of the school for the
education of the pupil during the dismissal period.

new text begin (c) The school is responsible for ensuring that new text end the alternative educational services deleted text begin , if the
pupil wishes to take advantage of them, deleted text end new text begin provided to the pupil new text end must be adequate to allow the
pupil to make progress deleted text begin towards deleted text end new text begin toward new text end meeting the graduation standards adopted under
section 120B.02 and help prepare the pupil for readmission new text begin , and is in accordance with section
121A.46, subdivision 5 new text end .

new text begin (d) For an expulsion, exclusion, or pupil withdrawal agreement as defined in section
121A.41, subdivision 13:
new text end

new text begin (1) the school district must review the pupil's school work and grades on a quarterly
basis to ensure the pupil is making progress toward readmission. A school district must
communicate on a regular basis with the pupil's parent or guardian to ensure the pupil is
completing the work assigned through the alternative educational services. If the pupil
enrolls and is admitted into a new school district during the dismissal period, this obligation
ends;
new text end

new text begin (2) if school-based mental health services are provided in the district under section
245.4889, a pupil remains eligible for those services until the pupil is enrolled in a new
district; and
new text end

new text begin (3) the district must provide to the pupil's parent or guardian a list of mental health and
counseling services available to the pupil after expulsion. The list must also be posted on
the district or charter school website.
new text end

deleted text begin (b) deleted text end new text begin (e) 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 (f) new text end Each school district shall develop a policy and report it to the commissioner on
the appropriate use of peace officers and crisis teams to remove students who have an
individualized education program from school grounds.