HF 872

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; modifying the Pupil Fair 
  1.3             Dismissal Act; amending Minnesota Statutes 1996, 
  1.4             sections 127.26; 127.27, subdivisions 5, 6, 7, 8, 10, 
  1.5             and by adding a subdivision; 127.281; 127.29; 127.30, 
  1.6             subdivisions 1, 2, 3, and by adding a subdivision; 
  1.7             127.31, subdivisions 2, 7, 8, 13, 14, and 15; 127.311; 
  1.8             127.32; 127.33; 127.36; 127.37; and 127.38; repealing 
  1.9             Minnesota Statutes 1996, section 127.31, subdivision 6.
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 127.26, is 
  1.12  amended to read: 
  1.13     127.26 [CITATION.] 
  1.14     Sections 127.26 to 127.39 may be cited as "The pupil fair 
  1.15  dismissal act of 1974."  
  1.16     Sec. 2.  Minnesota Statutes 1996, section 127.27, 
  1.17  subdivision 5, is amended to read: 
  1.18     Subd. 5.  [EXPULSION.] "Expulsion" means an action taken by 
  1.19  a school board action to prohibit an enrolled pupil from further 
  1.20  attendance for a period that shall not extend beyond an amount 
  1.21  of time equal up to one school year 12 months from the date a 
  1.22  the pupil is expelled. 
  1.23     Sec. 3.  Minnesota Statutes 1996, section 127.27, 
  1.24  subdivision 6, is amended to read: 
  1.25     Subd. 6.  [PARENT.] "Parent" means (a) one of the pupil's 
  1.26  parents, or (b) in the case of divorce or legal separation, or 
  1.27  if the child's mother was not married to the child's father when 
  2.1   the child was conceived nor when the child was born, the 
  2.2   custodial parent. the parent or parents with physical custody of 
  2.3   the pupil, or a noncustodial parent with legal custody if that 
  2.4   parent has filed evidence of his or her legal custody with the 
  2.5   district, or (c) a legally appointed guardian.  In the case of a 
  2.6   pupil with a disability under the age of 18, parent may include 
  2.7   a district-appointed surrogate parent. 
  2.8      Sec. 4.  Minnesota Statutes 1996, section 127.27, 
  2.9   subdivision 7, is amended to read: 
  2.10     Subd. 7.  [PUPIL.] "Pupil" means any student with or: 
  2.11     (1) without a disability under 21 years of age; or 
  2.12     (2) with a disability until September 1 after the child 
  2.13  with a disability becomes 22 years of age; 
  2.14     (3) and who remains eligible to attend a public elementary 
  2.15  or secondary school. 
  2.16     Sec. 5.  Minnesota Statutes 1996, section 127.27, 
  2.17  subdivision 8, is amended to read: 
  2.18     Subd. 8.  [SCHOOL.] "School" means any school as defined in 
  2.19  Minnesota Statutes 1971, section 120.05, subdivision 2. 
  2.20     Sec. 6.  Minnesota Statutes 1996, section 127.27, 
  2.21  subdivision 10, is amended to read: 
  2.22     Subd. 10.  [SUSPENSION.] "Suspension" means an action taken 
  2.23  by the school administration, under rules promulgated by the 
  2.24  school board, prohibiting a pupil from attending school for a 
  2.25  period of no more than ten school days.  If a suspension is 
  2.26  longer than five days, the suspending administrator must provide 
  2.27  the superintendent with a reason for the longer suspension.  
  2.28  This definition does not apply to dismissal from school for one 
  2.29  school day or less.  Each suspension action shall include a 
  2.30  readmission plan.  The readmission plan shall include, where 
  2.31  appropriate, a provision for implementing alternative programs 
  2.32  to be implemented educational services upon readmission.  
  2.33  Suspension may not be consecutively imposed The school 
  2.34  administration may not impose consecutive suspensions against 
  2.35  the same pupil for the same course of conduct, or incident of 
  2.36  misconduct, except where the pupil will create an immediate and 
  3.1   substantial danger to self or to surrounding persons or 
  3.2   property, or where the district is in the process of initiating 
  3.3   an expulsion, in which case the school administration may extend 
  3.4   the suspension up to 15 days.  In no event shall suspension 
  3.5   exceed 15 school days, provided that an In the case of a pupil 
  3.6   with a disability, a suspension may not exceed ten school days.  
  3.7   The school administration shall implement alternative program 
  3.8   shall be implemented educational services to the extent that 
  3.9   suspension exceeds five days.  A separate administrative 
  3.10  conference is required for each period of suspension. 
  3.11     Sec. 7.  Minnesota Statutes 1996, section 127.27, is 
  3.12  amended by adding a subdivision to read: 
  3.13     Subd. 11.  [ALTERNATIVE EDUCATIONAL SERVICES.] "Alternative 
  3.14  educational services" may include, but are not limited to, 
  3.15  special tutoring, modified curriculum, modified instruction, 
  3.16  other modifications or adaptations, special education services 
  3.17  as indicated by appropriate assessment, homebound instruction, 
  3.18  or enrollment in another district or in an alternative learning 
  3.19  center under section 124C.45. 
  3.20     Sec. 8.  Minnesota Statutes 1996, section 127.281, is 
  3.21  amended to read: 
  3.22     127.281 [EXCLUSION AND EXPULSION OF PUPILS WITH A 
  3.23  DISABILITY.] 
  3.24     When a pupil who has an individual education plan is 
  3.25  excluded or expelled under sections 127.26 to 127.39 for 
  3.26  misbehavior that is not a manifestation of the pupil's disabling 
  3.27  condition disability, the district shall continue to provide 
  3.28  special education and related services after a period of 
  3.29  suspension, if suspension is imposed.  The district shall 
  3.30  initiate a review of the pupil's individual education plan 
  3.31  within ten five school days of the commencement of commencing an 
  3.32  expulsion, exclusion, or a suspension of ten days or more.  
  3.33     Sec. 9.  Minnesota Statutes 1996, section 127.29, is 
  3.34  amended to read: 
  3.35     127.29 [GROUNDS FOR DISMISSAL.] 
  3.36     Subdivision 1.  No school shall dismiss any pupil without 
  4.1   attempting to provide alternative programs of education prior to 
  4.2   dismissal educational services before dismissal proceedings, 
  4.3   except where it appears that the pupil will create an immediate 
  4.4   and substantial danger to self or to surrounding persons or 
  4.5   property.  Such programs may include special tutoring, 
  4.6   modification of the curriculum for the pupil, placement in a 
  4.7   special class or assistance from other agencies. 
  4.8      Subd. 2.  A pupil may be dismissed on any of the following 
  4.9   grounds: 
  4.10     (a) willful violation of any reasonable school board 
  4.11  regulation.  Such regulation must be clear and definite to 
  4.12  provide notice to pupils that they must conform their conduct to 
  4.13  its requirements; 
  4.14     (b) willful conduct which that materially and substantially 
  4.15  disrupts the rights of others to an education; or 
  4.16     (c) willful conduct which that endangers the pupil or other 
  4.17  pupils, or the surrounding persons, or property of the school. 
  4.18     Sec. 10.  Minnesota Statutes 1996, section 127.30, 
  4.19  subdivision 1, is amended to read: 
  4.20     Subdivision 1.  No suspension The school administration 
  4.21  shall not suspend a pupil from school shall be imposed without 
  4.22  an informal administrative conference with the pupil, except.  
  4.23  The informal administrative conference shall take place before 
  4.24  the suspension, except where it appears that the pupil will 
  4.25  create an immediate and substantial danger to self or to 
  4.26  surrounding persons or property, in which case the conference 
  4.27  shall take place as soon as practicable following the suspension.
  4.28     Sec. 11.  Minnesota Statutes 1996, section 127.30, is 
  4.29  amended by adding a subdivision to read: 
  4.30     Subd. 1a.  At the informal administrative conference, a 
  4.31  school administrator shall notify the pupil of the grounds for 
  4.32  the suspension, provide an explanation of the evidence the 
  4.33  authorities have, and the pupil may present the pupil's version 
  4.34  of the facts. 
  4.35     Sec. 12.  Minnesota Statutes 1996, section 127.30, 
  4.36  subdivision 2, is amended to read: 
  5.1      Subd. 2.  A written notice containing the grounds for 
  5.2   suspension, a brief statement of the facts, a description of the 
  5.3   testimony, a readmission plan, and a copy of sections 127.26 to 
  5.4   127.39, shall be personally served upon the pupil at or before 
  5.5   the time the suspension is to take effect, and upon the pupil's 
  5.6   parent or guardian by certified mail within 48 hours of the 
  5.7   conference.  The district shall make reasonable efforts to 
  5.8   notify the parents of the suspension by telephone as soon as 
  5.9   possible following suspension.  In the event a pupil is 
  5.10  suspended without an informal administrative conference on the 
  5.11  grounds that the pupil will create an immediate and substantial 
  5.12  danger to surrounding persons or property, the written notice 
  5.13  shall be served either personally or by certified mail upon the 
  5.14  pupil and the pupil's parent or guardian within 48 hours of the 
  5.15  suspension.  Service by certified mail is complete upon mailing. 
  5.16     Sec. 13.  Minnesota Statutes 1996, section 127.30, 
  5.17  subdivision 3, is amended to read: 
  5.18     Subd. 3.  Notwithstanding the provisions of subdivisions 1 
  5.19  and 2, the pupil may be suspended pending the school board's 
  5.20  decision in the expulsion or exclusion hearing; provided that an 
  5.21  alternative program shall be educational services are 
  5.22  implemented to the extent that suspension exceeds five days. 
  5.23     Sec. 14.  Minnesota Statutes 1996, section 127.31, 
  5.24  subdivision 2, is amended to read: 
  5.25     Subd. 2.  Written notice of intent to take action shall: 
  5.26     (a) be served upon the pupil and the pupil's parent or 
  5.27  guardian personally or by certified mail; 
  5.28     (b) contain a complete statement of the facts, a list of 
  5.29  the witnesses and a description of their testimony; 
  5.30     (c) state the date, time, and place of the hearing; 
  5.31     (d) be accompanied by a copy of sections 127.26 to 127.39; 
  5.32     (e) describe alternative educational programs services 
  5.33  accorded the pupil prior to commencement of in an attempt to 
  5.34  avoid the expulsion or exclusion proceedings; and 
  5.35     (f) inform the pupil and parent or guardian of the right to:
  5.36     (1) have a representative of the pupil's own choosing, 
  6.1   including legal counsel, at the hearing.  The district shall 
  6.2   advise the pupil's parent or guardian that free or low-cost 
  6.3   legal assistance may be available and that a legal assistance 
  6.4   resource list is available from the department of children, 
  6.5   families, and learning; 
  6.6      (2) examine the pupil's records before the hearing; 
  6.7      (3) present evidence; and 
  6.8      (4) confront and cross-examine witnesses.  
  6.9      Sec. 15.  Minnesota Statutes 1996, section 127.31, 
  6.10  subdivision 7, is amended to read: 
  6.11     Subd. 7.  The hearing shall take place before: 
  6.12     (a) (1) an independent hearing officer; 
  6.13     (b) (2) a member of the school board; 
  6.14     (c) (3) a committee of the school board,; or; 
  6.15     (d) (4) the full school board; 
  6.16  as determined by the school board.  The hearing shall be 
  6.17  conducted in a fair and impartial manner. 
  6.18     Sec. 16.  Minnesota Statutes 1996, section 127.31, 
  6.19  subdivision 8, is amended to read: 
  6.20     Subd. 8.  The proceedings of the hearing shall be recorded 
  6.21  and preserved, at the expense of the school district, pending 
  6.22  ultimate disposition of the action.  The school board shall 
  6.23  record the hearing proceedings at district expense, and a party 
  6.24  may obtain a transcript at its own expense.  Testimony shall be 
  6.25  given under oath.  The hearing officer or a member of the school 
  6.26  board shall have the power to issue subpoenas and administer 
  6.27  oaths.  
  6.28     Sec. 17.  Minnesota Statutes 1996, section 127.31, 
  6.29  subdivision 13, is amended to read: 
  6.30     Subd. 13.  The recommendation of the hearing officer or 
  6.31  school board member or committee shall be based solely upon 
  6.32  substantial evidence presented at the hearing and must be made 
  6.33  to the school board and served upon the parties within two days 
  6.34  of the end of the hearing.  
  6.35     Sec. 18.  Minnesota Statutes 1996, section 127.31, 
  6.36  subdivision 14, is amended to read: 
  7.1      Subd. 14.  The decision by The school board shall be based 
  7.2   base its decision upon the recommendation of the hearing officer 
  7.3   or school board member or committee and shall be rendered render 
  7.4   its decision at a special meeting held within five days after 
  7.5   receipt of receiving the recommendation.  The school board may 
  7.6   provide the parties with the opportunity to present exceptions 
  7.7   and comments to the hearing officer's recommendations provided 
  7.8   that neither party presents any evidence not admitted at the 
  7.9   hearing.  The decision shall by the school board must be based 
  7.10  on the record, must be in writing, and must state the 
  7.11  controlling facts found upon on which the decision is made shall 
  7.12  be stated in sufficient detail to apprise the parties and the 
  7.13  commissioner of children, families, and learning of the basis 
  7.14  and reason for the decision. 
  7.15     Sec. 19.  Minnesota Statutes 1996, section 127.31, 
  7.16  subdivision 15, is amended to read: 
  7.17     Subd. 15.  [ADMISSION OR READMISSION PLAN.] A school board 
  7.18  administrator may shall prepare and enforce an admission or 
  7.19  readmission plan for any pupil who is suspended, excluded, or 
  7.20  expelled from school.  The plan may include measures to improve 
  7.21  the pupil's behavior and require parental involvement in the 
  7.22  admission or readmission process, and may indicate the 
  7.23  consequences to the pupil of not improving the pupil's behavior. 
  7.24     Sec. 20.  Minnesota Statutes 1996, section 127.311, is 
  7.25  amended to read: 
  7.26     127.311 [GOOD FAITH EXCEPTION.] 
  7.27     A violation of the technical provisions of the pupil fair 
  7.28  dismissal act of 1974, made in good faith, is not a defense to a 
  7.29  disciplinary procedure under the act unless the pupil can 
  7.30  demonstrate actual prejudice as a result of the violation. 
  7.31     Sec. 21.  Minnesota Statutes 1996, section 127.32, is 
  7.32  amended to read: 
  7.33     127.32 [APPEAL.] 
  7.34     A party to an exclusion or expulsion decision made pursuant 
  7.35  to under sections 127.26 to 127.39 may be appealed appeal the 
  7.36  decision to the commissioner of children, families, and learning 
  8.1   within 21 calendar days of school board action.  Upon being 
  8.2   served with a notice of appeal, the district shall provide the 
  8.3   commissioner and the parent or guardian with a complete copy of 
  8.4   the hearing record within five days of its receipt of the notice 
  8.5   of appeal.  All written submissions by the appellant must be 
  8.6   submitted and served on the respondent within ten days of its 
  8.7   actual receipt of the transcript.  All written submissions by 
  8.8   the respondent must be submitted and served on the appellant 
  8.9   within ten days of its actual receipt of the written submissions 
  8.10  of the appellant. 
  8.11     In an appeal under this section, the commissioner may 
  8.12  affirm the decision of the agency or may reverse or modify the 
  8.13  decision if the substantial rights of the petitioners may have 
  8.14  been prejudiced because the administrative findings, inferences, 
  8.15  conclusions, or decisions are: 
  8.16     (1) in violation of constitutional provisions; 
  8.17     (2) in excess of the statutory authority or jurisdiction of 
  8.18  the school district; 
  8.19     (3) made upon unlawful procedure except as provided in 
  8.20  section 127.311; 
  8.21     (4) affected by other error of law; 
  8.22     (5) unsupported by substantial evidence in view of the 
  8.23  entire record submitted; or 
  8.24     (6) arbitrary or capricious. 
  8.25  The commissioner or the commissioner's representative shall make 
  8.26  a final decision based upon a the record of evidence presented 
  8.27  at the hearing.  Such ruling shall be binding upon the parties, 
  8.28  subject to judicial review as provided in section 127.33.  The 
  8.29  commissioner shall issue a decision within 30 calendar days of 
  8.30  receiving the entire record and the parties' written submission 
  8.31  on appeal.  The commissioner's decision shall be final and 
  8.32  binding upon the parties after the time for appeal expires under 
  8.33  section 127.33. 
  8.34     Sec. 22.  Minnesota Statutes 1996, section 127.33, is 
  8.35  amended to read: 
  8.36     127.33 [JUDICIAL REVIEW.] 
  9.1      The decision of the commissioner of children, families, and 
  9.2   learning made pursuant to under sections 127.26 to 127.39 shall 
  9.3   be is subject to judicial review in accordance with chapter 14 
  9.4   under sections 14.63 to 14.69.  The decision of the commissioner 
  9.5   is stayed pending an appeal under this section. 
  9.6      Sec. 23.  Minnesota Statutes 1996, section 127.36, is 
  9.7   amended to read: 
  9.8      127.36 [REPORT TO COMMISSIONER OF CHILDREN, FAMILIES, AND 
  9.9   LEARNING.] 
  9.10     Subdivision 1.  [EXCLUSIONS AND EXPULSIONS.] The school 
  9.11  board shall report each exclusion or expulsion within 30 days of 
  9.12  the effective date of the action to the commissioner of 
  9.13  children, families, and learning.  This report shall include a 
  9.14  statement of alternative programs of education accorded 
  9.15  educational services given the pupil prior to the commencement 
  9.16  of before beginning exclusion or expulsion proceedings, and the 
  9.17  reason for, the effective date, and the duration of the 
  9.18  exclusion or expulsion.  
  9.19     Subd. 2.  [REPORT.] The school board must include state 
  9.20  student identification numbers of affected pupils on all 
  9.21  dismissal reports required by the department.  The department 
  9.22  must report annually to the commissioner summary data on the 
  9.23  number of dismissals by age, grade, gender, race, and special 
  9.24  education status of the affected pupils. 
  9.25     Sec. 24.  Minnesota Statutes 1996, section 127.37, is 
  9.26  amended to read: 
  9.27     127.37 [NOTICE OF RIGHT TO BE REINSTATED.] 
  9.28     Whenever a pupil fails to return to school within ten 
  9.29  school days of the termination of dismissal, a school 
  9.30  administrator shall inform the pupil and the pupil's 
  9.31  parents shall be informed by certified mail of the pupil's right 
  9.32  to attend and to be reinstated in the public school.  
  9.33     Sec. 25.  Minnesota Statutes 1996, section 127.38, is 
  9.34  amended to read: 
  9.35     127.38 [POLICIES TO BE ESTABLISHED.] 
  9.36     (a) The commissioner of children, families, and learning 
 10.1   shall promulgate guidelines to assist each school board.  Each 
 10.2   school board shall establish uniform criteria for dismissal and 
 10.3   adopt written policies and rules in writing to effectuate the 
 10.4   purposes of sections 127.26 to 127.39.  The policies will shall 
 10.5   emphasize the prevention of dismissal action preventing 
 10.6   dismissals through early detection of problems.  The policies 
 10.7   shall recognize the continuing responsibility of the school for 
 10.8   the education of the pupil during the dismissal period.  The 
 10.9   alternative educational services, if the pupil wishes to take 
 10.10  advantage of them, must be adequate to allow the pupil to make 
 10.11  progress towards meeting the graduation standards adopted under 
 10.12  section 121.11, subdivision 7c, and help prepare the pupil for 
 10.13  readmission.  
 10.14     (b) An area learning center under section 124C.45 may not 
 10.15  prohibit an expelled or excluded pupil from enrolling solely 
 10.16  because a district expelled or excluded the pupil.  The board of 
 10.17  the area learning center may use the provisions of the Pupil 
 10.18  Fair Dismissal Act to exclude a pupil or to require an admission 
 10.19  plan. 
 10.20     (c) The commissioner shall actively encourage and assist 
 10.21  school districts to cooperatively establish alternative learning 
 10.22  programs educational services that offer instruction to pupils 
 10.23  who are dismissed from school for willfully engaging in 
 10.24  dangerous, disruptive, or violent behavior, including for 
 10.25  possessing a firearm in a school zone. 
 10.26     Sec. 26.  [REPEALER.] 
 10.27     Minnesota Statutes 1996, section 127.31, subdivision 6, is 
 10.28  repealed.