HF 4668

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:44pm

A bill for an act
relating to education; modifying district discipline complaint procedure; requiring
the commissioner of education to review appeals of district complaint procedure;
amending Minnesota Statutes 2023 Supplement, section 121A.61, subdivision 4;
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 2023 Supplement, section 121A.61, subdivision 4, is
amended to read:

Subd. 4.

Discipline complaint procedure.

The discipline policy must contain procedures
for students, parents and other guardians, and school staff to file a complaint and seek
corrective action when the requirements of sections 121A.40 to deleted text begin 121A.61 deleted text end new text begin 121A.611 new text end , including
the implementation of the local behavior and discipline policies, are not being implemented
appropriately or are being discriminately applied. Each district and school policy implemented
under this section must, at a minimum:

(1) provide procedures for communicating this policy including the ability for a parent
to appeal a decision under section 121A.49 that contains explicit instructions for filing the
complaint;

(2) provide an opportunity for involved parties to submit additional information related
to the complaint new text begin . Involved parties include, at a minimum, the student subject to discipline
and the student's parent or guardian new text end ;

(3) provide a procedure to begin to investigate complaints within three school days of
receipt, new text begin designate a school staff member to receive complaints and answer questions about
the complaint procedure, new text end and identify personnel who will manage the investigation and any
resulting record and are responsible for keeping and regulating access to any record;

(4) provide procedures for issuing a written determination to the complainant that
addresses each allegation and contains findings and conclusions new text begin , including a deadline for
issuing a written determination, not to exceed 45 days from the date the complaint is filed.
If the complainant is not the student or the student's parent or guardian, the district must
provide the student and parent or guardian notice of the complaint and written determination.
The written determination provided to the complainant must not include any private student
data to which the complainant does not otherwise have access new text end ;

(5) if the investigation finds the requirements of sections 121A.40 to deleted text begin 121A.61 deleted text end new text begin 121A.611 new text end ,
including any local policies that were not implemented appropriately, contain procedures
that require a corrective action plan to correct a student's record and provide relevant staff
with training, coaching, or other accountability practices to ensure appropriate compliance
with policies in the future new text begin . Corrective action may not include new or additional discipline
for the student new text end ; deleted text begin and
deleted text end

(6) prohibit reprisals or retaliation against any person who asserts, alleges, or reports a
complaint, and provide procedures for applying appropriate consequences for a person who
engages in reprisal or retaliation deleted text begin . deleted text end new text begin ;
new text end

new text begin (7) require that communications to students and families regarding discipline are provided
in formats and languages that are accessible to students and families; and
new text end

new text begin (8) provide notice to students and parents or guardians of the right to appeal a complaint
determination to the Department of Education and the right to file a complaint with the
Department of Human Rights if a student asserts unfair or disparate treatment due to race,
color, creed, religion, national origin, sex, gender identity, disability, status with regard to
public assistance, sexual orientation, or age.
new text end

Sec. 2.

new text begin [121A.651] APPEAL TO COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Appeal process established. new text end

new text begin The commissioner must establish a procedure
to review the results of a discipline complaint procedure under section 121A.61, subdivision
4. The procedure must allow a student or a student's parent or guardian to appeal the district's
written determination, including:
new text end

new text begin (1) legal determinations about compliance with sections 121A.40 to 121A.611 and the
implementation of local behavior and discipline policies;
new text end

new text begin (2) factual findings about the circumstances related to the discipline; and
new text end

new text begin (3) the district's compliance with section 121A.61, subdivision 4, and implementation
of the discipline complaint procedure.
new text end

new text begin Subd. 2. new text end

new text begin Request for review. new text end

new text begin A student or a student's parent or guardian may submit a
request for review within 30 days of receiving the district's written determination. The
request must include at least the following:
new text end

new text begin (1) the student's name;
new text end

new text begin (2) the requirements in sections 121A.40 to 121A.611 or the local behavior or discipline
policies that were not followed;
new text end

new text begin (3) a statement explaining how the requirements in clause (2) were not met and why the
district's written determination is incorrect; and
new text end

new text begin (4) any corrective action the student or student's parent or guardian seeks.
new text end

new text begin Subd. 3. new text end

new text begin Department review. new text end

new text begin (a) Upon receipt of the appeal, the department may:
new text end

new text begin (1) issue a notice letter to the district and person filing the complaint identifying the
issues the department plans to review;
new text end

new text begin (2) gather records from the district complaint process and any other records from the
district or person filing the complaint related to the allegations; and
new text end

new text begin (3) conduct investigations if the request for review involves a suspension lasting longer
than five consecutive or cumulative days. If the department conducts investigations, it must
attempt to interview persons with varying perspectives.
new text end

new text begin (b) The department must issue a decision within 60 days of receiving a request for review,
and provide a copy of the decision to the student or student's parent or guardian and the
district. The decision may include corrective action, which may include correcting the
student's records or requiring training for staff. Corrective action may not include new or
additional disciplinary consequences for the student.
new text end

new text begin Subd. 4. new text end

new text begin Civil rights violations. new text end

new text begin If the commissioner determines the request for review
suggests unfair or disparate treatment due to race, color, creed, religion, national origin,
sex, gender identity, disability, status with regard to public assistance, sexual orientation,
or age, the commissioner must ask the parent or guardian of a student who is a minor, or
the student if the student is an adult, whether the commissioner may provide a copy of the
request for review to the Department of Human Rights. The commissioner must not provide
the request to the Department of Human Rights if the request contains educational data, as
defined by section 13.32, classified as private data on individuals, as defined by section
13.02, subdivision 12, that the individual subject of the data has not consented to be disclosed.
new text end