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HF 3679

as introduced - 89th Legislature (2015 - 2016) Posted on 04/14/2016 04:52pm

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - as introduced

A bill for an act
relating to education; requiring the publication of summary student disciplinary
data involving assaults on district employees; affirming teachers' interest in
receiving prior notice about students placed in their classroom who have a history
of violent behavior; affirming teachers' authority to manage student behavior in
their classrooms; establishing a state fund for district and school employees
harmed by student violence; appropriating money;amending Minnesota Statutes
2014, sections 121A.53; 121A.61, subdivision 1; 121A.64; 122A.42; proposing
coding for new law in Minnesota Statutes, chapter 121A.

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

Section 1.

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


121A.53 REPORT TO COMMISSIONER OF EDUCATION.

Subdivision 1.

Exclusions and expulsions; physical assaults.

The school board
must report through the department electronic reporting system each exclusion or
expulsion and each physical assault of a district employee by a student within 30 days
of the effective date of the dismissal action or assault to the commissioner of education.
This report must include a statement of alternative educational services, 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 student's age, grade, gender,
race, and special education status.

Subd. 2.

Report.

(a) The school board must include state student identification
numbers of affected pupils on all dismissal and other disciplinary reports required by the
department. The department must report annually to the commissioner summary data on the
number of dismissals and physical assaults of district employees by a student by age, grade,
gender, race, and special education status of the affected pupils. All dismissal and other
disciplinary
reports must be submitted 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.

EFFECTIVE DATE.

This section is effective for the 2016-2017 school year and
later.

Sec. 2.

[121A.535] REPAYMENT FUND ESTABLISHED; VICTIMS OF
SCHOOL VIOLENCE.

A "Victims of School Violence" repayment fund is created for depositing money
appropriated to or received by the commissioner for compensating teachers and other
public school or school district employees who are reported victims of a physical assault by
a student for the assault-related medical and legal costs the employee incurs for which other
compensation is not available. Money deposited in the fund shall not revert to any state
fund at the end of any fiscal year but remains in the "Victims of School Violence" repayment
fund and is continuously available for victims of school violence under this section.

EFFECTIVE DATE.

This section is effective for the 2016-2017 school year and
later.

Sec. 3.

Minnesota Statutes 2014, section 121A.61, subdivision 1, is amended to read:


Subdivision 1.

Required policy.

Each school board must adopt a written
districtwide school discipline policy which includes written rules of conduct for
students, minimum consequences for violations of the rules, and grounds and procedures
for removal of a student from class. The policy must be developed in consultation
with administrators, teachers, employees, pupils, parents, community members, law
enforcement agencies, county attorney offices, social service agencies, and such other
individuals or organizations as the board determines appropriate. The policy must be
consistent with a teacher's authority for controlling and managing student behavior in the
classroom under section 122A.42.
A school site council may adopt additional provisions
to the policy subject to the approval of the school board.

EFFECTIVE DATE.

This section is effective for the 2016-2017 school year and
later.

Sec. 4.

Minnesota Statutes 2014, section 121A.64, is amended to read:


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

(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.

(b) Representatives of the school board and the exclusive representative of the
teachers shall discuss issues related to the model policy on student records adopted under
Laws 1999, chapter 241, article 9, section 50, and any modifications adopted under Laws
2003, First Special Session chapter 9, for notifying classroom teachers and other school
district employees having a legitimate educational interest in knowing about students with
a history of violent behavior, including any documented physical 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.

EFFECTIVE DATE.

This section is effective for the 2016-2017 school year and
later.

Sec. 5.

Minnesota Statutes 2014, 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), the teacher may remove students from class under
section 121A.61, subdivision 2, for violent or disruptive conduct or other misconduct.

EFFECTIVE DATE.

This section is effective for the 2016-2017 school year and
later.

Sec. 6. APPROPRIATION; "VICTIMS OF SCHOOL VIOLENCE"
REPAYMENT FUND.

(a) $....... in fiscal year 2017 is appropriated from the general fund to the
commissioner of education for the "Victims of School Violence" repayment fund under
Minnesota Statutes, section 121A.535.

(b) The base appropriation is $....... in fiscal year 2018 and later.

EFFECTIVE DATE.

This section is effective beginning in fiscal year 2017.

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