SF 423

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