HF 4238

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 02:20pm

A bill for an act
relating to education; modifying student discipline provisions; amending Minnesota
Statutes 2023 Supplement, sections 121A.425, subdivision 1; 121A.45, subdivision
1; 121A.55; repealing Minnesota Statutes 2023 Supplement, sections 121A.425,
subdivision 2; 121A.611.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 121A.425, subdivision 1, is
amended to read:

Subdivision 1.

Disciplinary dismissals prohibited.

(a) A pupil enrolled in the following
is not subject to dismissals under this chapter:

(1) a preschool or prekindergarten program, including an early childhood family
education, school readiness, school readiness plus, voluntary prekindergarten, Head Start,
or other school-based preschool or prekindergarten program; or

(2) kindergarten through grade 3.

(b) This provision does not apply to a dismissal from school for less than one school
day, except as provided under chapter 125A and federal law for a student receiving special
education services.

(c) Notwithstanding this subdivision, expulsions and exclusions may be used deleted text begin only after
resources outlined in subdivision 2 have been exhausted, and only deleted text end in circumstances where
there is deleted text begin an ongoing serious deleted text end new text begin a new text end safety threat to the child or others.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, 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 use nonexclusionary disciplinary policies and practices deleted text end new text begin provide
alternative educational services new text end before dismissal proceedings deleted text begin or pupil withdrawal agreements deleted 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 July 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 121A.55, is amended to read:

121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education must promulgate guidelines to assist each school
board. Each school board must establish uniform criteria for dismissal and adopt written
policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. deleted text begin The policies
must include nonexclusionary disciplinary policies and practices consistent with section
121A.41, subdivision 12, and must emphasize preventing dismissals through early detection
of problems. deleted text end The policies must be designed to address students' inappropriate behavior from
recurring.

(b) The policies must recognize the continuing responsibility of the school for the
education of the pupil during the dismissal period.

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

(d) For expulsion and exclusion dismissals and pupil withdrawal agreements as defined
in section 121A.41, subdivision 13:

(1) for a pupil who remains enrolled in the district or is awaiting enrollment in a new
district, a school district's continuing responsibility includes reviewing the pupil's schoolwork
and grades on a quarterly basis to ensure the pupil is on track for readmission with the pupil's
peers. A school district must communicate on a regular basis with the pupil's parent or
guardian to ensure that the pupil is completing the work assigned through the alternative
educational services as defined in section 121A.41, subdivision 11. These services are
required until the pupil enrolls in another school or returns to the same school;

(2) a pupil receiving school-based or school-linked mental health services in the district
under section 245.4889 continues to be eligible for those services until the pupil is enrolled
in a new district; and

(3) a school district must provide to the pupil's parent or guardian information on
accessing mental health services, including any free or sliding fee providers in the
community. The information must also be posted on the district or charter school website.

(e) 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.

(f) 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2023 Supplement, sections 121A.425, subdivision 2; and 121A.611, new text end new text begin
are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-06945

121A.425 FULL AND EQUITABLE PARTICIPATION IN EARLY LEARNING.

Subd. 2.

Nonexclusionary discipline.

For purposes of this section, nonexclusionary discipline must include at least one of the following:

(1) collaborating with the pupil's family or guardian, child mental health consultant or provider, education specialist, or other community-based support;

(2) creating a plan, written with the parent or guardian, that details the action and support needed for the pupil to fully participate in the current educational program, including a preschool or prekindergarten program; or

(3) providing a referral for needed support services, including parenting education, home visits, other supportive education interventions, or, where appropriate, an evaluation to determine if the pupil is eligible for special education services or section 504 services.

121A.611 RECESS AND OTHER BREAKS.

(a) "Recess detention" as used in this chapter means excluding or excessively delaying a student from participating in a scheduled recess period as a consequence for student behavior. Recess detention does not include, among other things, providing alternative recess at the student's choice.

(b) A school district or charter school is encouraged to ensure student access to structured breaks from the demands of school and to support teachers, principals, and other school staff in their efforts to use evidence-based approaches to reduce exclusionary forms of discipline.

(c) A school district or charter school must not use recess detention unless:

(1) a student causes or is likely to cause serious physical harm to other students or staff;

(2) the student's parent or guardian specifically consents to the use of recess detention; or

(3) for students receiving special education services, the student's individualized education program team has determined that withholding recess is appropriate based on the individualized needs of the student.

(d) A school district or charter school must not withhold recess from a student based on incomplete schoolwork.

(e) A school district or charter school must require school staff to make a reasonable attempt to notify a parent or guardian within 24 hours of using recess detention.

(f) A school district or charter school must compile information on each recess detention at the end of each school year, including the student's age, grade, gender, race or ethnicity, and special education status. This information must be available to the public upon request. A school district or charter school is encouraged to use the data in professional development promoting the use of nonexclusionary discipline.

(g) A school district or charter school must not withhold or excessively delay a student's participation in scheduled mealtimes. This section does not alter a district or school's existing responsibilities under section 124D.111 or other state or federal law.