HF 4061

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:56pm

A bill for an act
relating to education; modifying requirements for student discipline and returning
to class after a removal; amending Minnesota Statutes 2023 Supplement, section
121A.61, subdivision 3.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 121A.61, subdivision 3, is
amended to read:

Subd. 3.

Policy components.

The policy must include at least the following components:

(a) rules governing student conduct and procedures for informing students of the rules;

(b) the grounds for removal of a student from a class;

(c) the authority of the classroom teacher to remove students from the classroom pursuant
to procedures and rules established in the district's policy;

(d) the procedures for removal of a student from a class by a teacher, school administrator,
or other school district employee;

(e) the period of time for which a student may be removed from a class, which may not
exceed five class periods for a violation of a rule of conduct;

(f) provisions relating to the responsibility for and custody of a student removed from
a class;

(g) the procedures for return of a student to the specified class from which the student
has been removed;

(h) the procedures for notifying a student and the student's parents or guardian of
violations of the rules of conduct and of resulting disciplinary actions;

(i) any procedures determined appropriate for encouraging early involvement of parents
or guardians in attempts to improve a student's behavior;

(j) any procedures determined appropriate for encouraging early detection of behavioral
problems;

(k) any procedures determined appropriate for referring a student in need of special
education services to those services;

(l) any procedures determined appropriate for ensuring victims of bullying who respond
with behavior not allowed under the school's behavior policies have access to a remedial
response, consistent with section 121A.031;

(m) the procedures for consideration of whether there is a need for a further assessment
or of whether there is a need for a review of the adequacy of a current individualized
education program of a student with a disability who is removed from class;

(n) procedures for detecting and addressing chemical abuse problems of a student while
on the school premises;

(o) the minimum consequences for violations of the code of conduct;

(p) procedures for immediate and appropriate interventions tied to violations of the code;

(q) 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;

(r) an agreement regarding procedures to coordinate crisis services to the extent funds
are available with the county board responsible for implementing sections 245.487 to
245.4889 for students with a serious emotional disturbance or other students who have an
individualized education program whose behavior may be addressed by crisis intervention;

(s) a provision that states a student must be removed from class immediately if the student
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 . The period of
removal must include an opportunity for the student to meet with a licensed school counselor,
licensed school psychologist, or licensed social worker. Each return to class after a removal
must include a plan requiring the student to participate in targeted social and emotional
learning opportunities. At the request of the teacher in whose class the assault or violent
behavior occurred, the student must participate in a restorative process new text end ;

(t) a prohibition on the use of exclusionary practices for early learners as defined in
section 121A.425; and

(u) a prohibition on the use of exclusionary practices to address attendance and truancy
issues.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2024-2025 school year and later.
new text end