SF 707

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to education; safe schools; establishing a 
  1.3             grant program to develop parenting and ethics 
  1.4             curricula; precluding disruptive students from 
  1.5             participating in the open enrollment program; 
  1.6             providing a buffer zone around schools where 
  1.7             possession of a dangerous weapon is a crime and 
  1.8             including property of public and post-secondary 
  1.9             institutions; removing the repeal of the lengthened 
  1.10            school year; increasing the limit on parental 
  1.11            liability for personal injury torts committed by a 
  1.12            minor; requiring a referral to the justice system of 
  1.13            certain possessors of firearms; appropriating money; 
  1.14            amending Minnesota Statutes 1994, sections 120.062, 
  1.15            subdivision 7; 120.101, subdivision 5; 127.03, 
  1.16            subdivision 3; 127.281; 540.18, subdivision 1; 
  1.17            609.2231, subdivision 5; and 609.66, subdivision 1d; 
  1.18            Laws 1993, chapter 224, article 12, section 32; 
  1.19            proposing coding for new law in Minnesota Statutes, 
  1.20            chapter 127. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 1994, section 120.062, 
  1.23  subdivision 7, is amended to read: 
  1.24     Subd. 7.  [BASIS FOR DECISIONS.] The school board must 
  1.25  adopt, by resolution, specific standards for acceptance and 
  1.26  rejection of applications.  Standards may include the capacity 
  1.27  of a program, class, grade level, or school building or a 
  1.28  previous disciplinary proceeding if the proceeding resulted in 
  1.29  suspending, expelling, or excluding a student who willfully 
  1.30  engaged in dangerous, assaultive, or violent behavior or the 
  1.31  student was convicted of or adjudicated for committing a 
  1.32  felony.  Standards may not include previous academic 
  1.33  achievement, athletic or other extracurricular ability, 
  2.1   disabling conditions, or proficiency in the English language, or 
  2.2   previous disciplinary proceedings.  
  2.3      Sec. 2.  Minnesota Statutes 1994, section 120.101, 
  2.4   subdivision 5, is amended to read: 
  2.5      Subd. 5.  [AGES AND TERMS.] For the 1988-1989 school year 
  2.6   and the school years thereafter, Every child between seven and 
  2.7   16 years of age shall receive instruction for at least the 
  2.8   number of days each year required under subdivision 5b.  For the 
  2.9   2000-2001 school year and later school years, every child 
  2.10  between seven and 18 years of age shall receive instruction for 
  2.11  at least the number of days each year required under subdivision 
  2.12  5b.  Every child under the age of seven who is enrolled in a 
  2.13  half-day kindergarten, or a full-day kindergarten program on 
  2.14  alternate days, or other kindergarten programs shall receive 
  2.15  instruction at least equivalent to half of each day for the 
  2.16  number of days each year set out in subdivision 5b.  Except as 
  2.17  provided in subdivision 5a, a parent may withdraw a child under 
  2.18  the age of seven from enrollment at any time. 
  2.19     Sec. 3.  Minnesota Statutes 1994, section 127.03, 
  2.20  subdivision 3, is amended to read: 
  2.21     Subd. 3.  [IMMUNITY FROM CIVIL LIABILITY.] It is a defense 
  2.22  to a civil action for damages against a school official, as 
  2.23  defined in section 609.2231, subdivision 5, to prove that the 
  2.24  force used by the official was reasonable, was in the exercise 
  2.25  of lawful authority, and was necessary under the circumstances 
  2.26  to restrain the pupil or to prevent bodily harm or death to 
  2.27  another.  If a school official prevails in a civil action in 
  2.28  which the official has immunity under this subdivision, the 
  2.29  court shall award reasonable attorney fees and costs to the 
  2.30  official. 
  2.31     Sec. 4.  Minnesota Statutes 1994, section 127.281, is 
  2.32  amended to read: 
  2.33     127.281 [EXCLUSION AND EXPULSION OF PUPILS WITH A 
  2.34  DISABILITY.] 
  2.35     (a) When a pupil who has an individual education plan is 
  2.36  excluded or expelled under sections 127.26 to 127.39 for 
  3.1   misbehavior that is not a manifestation of the pupil's disabling 
  3.2   condition, the district shall provide special education and 
  3.3   related services after a period of suspension, if suspension is 
  3.4   imposed.  The district shall initiate a review of the pupil's 
  3.5   individual education plan within ten days of the commencement of 
  3.6   an expulsion, exclusion, or a suspension of ten days or more. 
  3.7      (b) In a school zone, possessing a firearm or dangerous 
  3.8   weapon as defined in section 609.02, subdivision 6, is not a 
  3.9   manifestation of a pupil's disabling condition unless the pupil 
  3.10  can establish that it is such a manifestation.  The pupil has 
  3.11  the burdens of production and proof with respect to the 
  3.12  manifestation.  
  3.13     Sec. 5.  [127.391] [ONE-YEAR EXPULSION FOR GUNS IN SCHOOL 
  3.14  ZONE.] 
  3.15     (a) Notwithstanding sections 127.26 to 127.39, a school 
  3.16  district must expel from school for a period of not less than 
  3.17  one year a student who is determined to have brought to any 
  3.18  school in any district a weapon as that term is defined in 
  3.19  United States Code, title 20, section 8921. 
  3.20     (b) The superintendent of schools in the district may 
  3.21  modify the expulsion requirement of paragraph (a) for a student 
  3.22  on a case-by-case basis. 
  3.23     Sec. 6.  [127.392] [INCARCERATED STUDENTS.] 
  3.24     Notwithstanding sections 127.26 to 127.39, a student 
  3.25  released from a correctional institution on a juvenile services 
  3.26  program must not be directly admitted to school if the school 
  3.27  district determines that the student poses a threat to the 
  3.28  school environment.  Instead, the pupil must attend at least one 
  3.29  year of alternative school. 
  3.30     Sec. 7.  [127.47] [POLICY TO REFER FIREARMS POSSESSOR.] 
  3.31     Each school board must have a policy requiring the 
  3.32  appropriate school official to, as soon as practicable, refer to 
  3.33  the criminal justice or juvenile delinquency system, as 
  3.34  appropriate, any pupil who brings a firearm to school. 
  3.35     Sec. 8.  Minnesota Statutes 1994, section 540.18, 
  3.36  subdivision 1, is amended to read: 
  4.1      Subdivision 1.  The parent or guardian of the person of a 
  4.2   minor who is under the age of 18 and who is living with the 
  4.3   parent or guardian and who willfully or maliciously causes 
  4.4   injury to any person or damage to any property is jointly and 
  4.5   severally liable with such the minor for such the injury or 
  4.6   damage to an amount not exceeding $1,000, if such the minor 
  4.7   would have been liable for such the injury or damage if the 
  4.8   minor had been an adult.  The liability provided in this 
  4.9   subdivision is limited to $5,000 for personal injury damages.  
  4.10  Nothing in this subdivision shall be construed to relieve such 
  4.11  minor from personal liability for such injury or damage.  The 
  4.12  liability provided in this subdivision is in addition to and not 
  4.13  in lieu of any other liability which may exist at law.  Recovery 
  4.14  under this section shall be limited to special damages. 
  4.15     Sec. 9.  Minnesota Statutes 1994, section 609.2231, 
  4.16  subdivision 5, is amended to read: 
  4.17     Subd. 5.  [SCHOOL OFFICIAL.] Whoever assaults a school 
  4.18  official while the official is engaged in the performance of the 
  4.19  official's duties, and inflicts demonstrable bodily harm, is 
  4.20  guilty of a gross misdemeanor felony and may be sentenced to 
  4.21  imprisonment for not more than two years or to payment of a fine 
  4.22  of not more than $4,000 or both.  As used in this subdivision, 
  4.23  "school official" includes teachers, school administrators, and 
  4.24  other employees of a public or private school. 
  4.25     Sec. 10.  Minnesota Statutes 1994, section 609.66, 
  4.26  subdivision 1d, is amended to read: 
  4.27     Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY OR ZONE.] 
  4.28  (a) Whoever possesses, stores, or keeps a dangerous weapon in a 
  4.29  school zone or on school property or uses or brandishes a 
  4.30  replica firearm or a BB gun in a school zone or on school 
  4.31  property is guilty of a felony and may be sentenced to 
  4.32  imprisonment for not more than two years or to payment of a fine 
  4.33  of not more than $5,000, or both. 
  4.34     (b) Whoever possesses, stores, or keeps a replica firearm 
  4.35  or a BB gun in a school zone or on school property is guilty of 
  4.36  a gross misdemeanor. 
  5.1      (c) As used in this subdivision: 
  5.2      (1) "BB gun" means a device that fires or ejects a shot 
  5.3   measuring .18 of an inch or less in diameter; 
  5.4      (2) "dangerous weapon" has the meaning given it in section 
  5.5   609.02, subdivision 6; 
  5.6      (3) "replica firearm" has the meaning given it in section 
  5.7   609.713; and 
  5.8      (4) "school property" means: 
  5.9      (i) a public or private elementary, middle, or secondary, 
  5.10  or post-secondary school or institution building and its 
  5.11  grounds, whether leased or owned by the school or institution; 
  5.12  and 
  5.13     (ii) the area within a school bus when that bus is being 
  5.14  used to transport one or more elementary, middle, or secondary 
  5.15  school students; and 
  5.16     (5) "school zone" has the meaning given it in section 
  5.17  152.01, subdivision 14a. 
  5.18     (d) This subdivision does not apply to: 
  5.19     (1) licensed peace officers, military personnel, or 
  5.20  students participating in military training, who are performing 
  5.21  official duties; 
  5.22     (2) persons who carry pistols according to the terms of a 
  5.23  permit; 
  5.24     (3) persons who keep or store in a motor vehicle pistols in 
  5.25  accordance with sections 624.714 and 624.715 or other firearms 
  5.26  in accordance with section 97B.045; 
  5.27     (4) firearm safety or marksmanship courses or activities 
  5.28  conducted on school property; 
  5.29     (5) possession of dangerous weapons, BB guns, or replica 
  5.30  firearms by a ceremonial color guard; 
  5.31     (6) a gun or knife show held on school property; or 
  5.32     (7) possession of dangerous weapons, BB guns, or replica 
  5.33  firearms with written permission of the principal; or 
  5.34     (8) possession of dangerous weapons within a dwelling, as 
  5.35  defined in section 609.605, located within the boundaries of a 
  5.36  school zone. 
  6.1      Sec. 11.  [GRANT PROGRAM TO IMPLEMENT A CURRICULUM ON 
  6.2   ETHICS.] 
  6.3      Subdivision 1.  [ESTABLISHMENT.] A grant program for fiscal 
  6.4   year 1996 is established for school districts to implement a 
  6.5   kindergarten through grade 12 curriculum on ethics that is 
  6.6   designed to promote students' understanding and internalizing of 
  6.7   the historical and modern ethical precepts, including individual 
  6.8   and societal respect for life and property, that are fundamental 
  6.9   to human interdependence.  The department of education, in 
  6.10  consultation with acknowledged experts in ethics and other 
  6.11  relevant academic and educational fields and the board of 
  6.12  teaching, shall develop and make available the curriculum on 
  6.13  ethics for school district grantees to implement under this 
  6.14  section. 
  6.15     Subd. 2.  [ELIGIBILITY.] An applicant for a grant must be a 
  6.16  school district, an education district, or districts that 
  6.17  cooperate for a particular purpose.  To be eligible for a grant, 
  6.18  a district or districts must have integrated a violence 
  6.19  prevention program for students in kindergarten through grade 12 
  6.20  into the existing curriculum under Minnesota Statutes, section 
  6.21  126.77. 
  6.22     Subd. 3.  [APPLICATION PROCESS.] To obtain a grant to 
  6.23  implement a kindergarten through grade 12 curriculum on ethics 
  6.24  into a district's existing curriculum, a district or group of 
  6.25  districts must submit an application to the commissioner of 
  6.26  education in the form and manner prescribed by the 
  6.27  commissioner.  The applicant must describe how the applicant 
  6.28  will integrate the curriculum on ethics into the applicant's 
  6.29  existing curriculum.  The commissioner may require additional 
  6.30  information from the applicant. 
  6.31     Subd. 4.  [GRANT AWARDS.] The commissioner shall award up 
  6.32  to ten grants of $5,000 per grant to grant recipients located 
  6.33  throughout the state.  The amount of the grant shall be based on 
  6.34  the number of actual pupil units in the district or group of 
  6.35  districts in the previous school year.  Grant proceeds shall be 
  6.36  used to implement the curriculum on ethics. 
  7.1      Subd. 5.  [EVALUATION.] The commissioner shall evaluate the 
  7.2   efficacy of the kindergarten through grade 12 curriculum on 
  7.3   ethics and report to the education committees of the legislature 
  7.4   by January 31, 1997. 
  7.5      Sec. 12.  [GRANT PROGRAM TO ESTABLISH A HIGH SCHOOL 
  7.6   PARENTING SKILLS CURRICULUM.] 
  7.7      Subdivision 1.  [ESTABLISHMENT.] A grant program for fiscal 
  7.8   year 1996 is established for school districts to develop and 
  7.9   implement an elective parenting skills curriculum for students 
  7.10  in high school.  The purpose of the curriculum is to help 
  7.11  students learn about the physical, mental, emotional, and 
  7.12  educational development of children and positive parenting 
  7.13  skills. 
  7.14     Subd. 2.  [ELIGIBILITY.] An applicant for a grant must be a 
  7.15  school district, an education district, or a group of districts 
  7.16  that cooperate for a particular purpose.  To be eligible for a 
  7.17  grant, a district or districts must provide an early childhood 
  7.18  family education program under Minnesota Statutes, section 
  7.19  121.882, or a learning readiness program under Minnesota 
  7.20  Statutes, section 121.831. 
  7.21     Subd. 3.  [APPLICATION PROCESS.] To obtain a grant to 
  7.22  develop and implement an elective parenting skills curriculum 
  7.23  for students in high school, a district or group of districts 
  7.24  must submit an application to the commissioner of education in 
  7.25  the form and manner prescribed by the commissioner.  The 
  7.26  applicant must describe how the applicant will utilize its early 
  7.27  childhood family education program or its learning readiness 
  7.28  program in its parenting skills curriculum. 
  7.29     Subd. 4.  [GRANT AWARDS.] The commissioner may award up to 
  7.30  ten grants.  No grant award to any applicant may exceed $5,000.  
  7.31  If the appropriation for grants in this section is insufficient 
  7.32  to fund all the grants awarded, the commissioner shall prorate 
  7.33  the amount of the grant awards among all recipients.  Grant 
  7.34  recipients must be located throughout the state.  Recipients 
  7.35  shall use the proceeds to develop and implement an elective 
  7.36  parenting skills curriculum. 
  8.1      Subd. 5.  [EVALUATION.] The commissioner shall evaluate the 
  8.2   efficacy and substance of the curriculum and report the 
  8.3   commissioner's findings to the education committees of the 
  8.4   legislature by January 31, 1997. 
  8.5      Sec. 13.  Laws 1993, chapter 224, article 12, section 32, 
  8.6   is amended to read: 
  8.7      Sec. 32.  [REPEALER.] 
  8.8      (a) Minnesota Statutes 1992, sections 120.095; 120.101, 
  8.9   subdivision 5a; 120.75, subdivision 2; 120.80, subdivision 2; 
  8.10  121.11, subdivisions 6 and 13; 121.165; 121.19; 121.49; 121.883; 
  8.11  121.90; 121.901; 121.902; 121.904, subdivisions 5, 6, 8, 9, 10, 
  8.12  11a, and 11c; 121.908, subdivision 4; 121.9121, subdivisions 3 
  8.13  and 5; 121.931, subdivisions 6, 6a, 7, and 8; 121.934; 121.936 
  8.14  subdivisions 1, 2, and 3; 121.937; 121.94; 121.941; 121.942; 
  8.15  121.943; 123.33, subdivisions 10, 14, 15, and 16; 123.35, 
  8.16  subdivision 14; 123.352; 123.36, subdivisions 2, 3, 4, 4a, 6, 8, 
  8.17  9, and 12; 123.40, subdivisions 4 and 6; 123.61; 123.67; 
  8.18  123.709; 123.744; 124.615; 124.62; 124.64; 124.645; 124.67; 
  8.19  124.68; 124.69; 124.79; 125.12, subdivisions 3a and 4a; 125.17, 
  8.20  subdivisions 2a and 3a; 126.09; 126.111; 126.112; 126.20, 
  8.21  subdivision 4; 126.24; and 126.268, are repealed. 
  8.22     (b) Minnesota Statutes 1992, section 121.11, subdivision 
  8.23  15, is repealed. 
  8.24     (c) Minnesota Statutes 1992, sections 120.101, subdivision 
  8.25  5b; 121.11, subdivision 16; 121.585, subdivision 3; 124.19, 
  8.26  subdivisions 1, 1b, 6, and 7; 126.02; 126.025; 126.031; 126.06; 
  8.27  126.08; 126.12, subdivision 2; 126.662; 126.663; 126.664; 
  8.28  126.665; 126.666; 126.67; 126.68; 126A.01; 126A.02; 126A.04; 
  8.29  126A.05; 126A.07; 126A.08; 126A.09; 126A.10; 126A.11; and 
  8.30  126A.12, are repealed. 
  8.31     Sec. 14.  [APPROPRIATIONS.] 
  8.32     Subdivision 1.  [DEPARTMENT OF EDUCATION.] The sums 
  8.33  indicated in this section are appropriated from the general fund 
  8.34  to the department of education for the fiscal year indicated. 
  8.35     Subd. 2.  [ETHICS CURRICULUM GRANTS.] For awarding grants 
  8.36  to school districts that implement a kindergarten through grade 
  9.1   12 ethics curriculum under section 11:  
  9.2        $50,000     ....     1996 
  9.3      Subd. 3.  [PARENTING CURRICULUM GRANTS.] For awarding 
  9.4   grants to school districts that develop and implement a 
  9.5   parenting skills curriculum for students in high school under 
  9.6   section 12: 
  9.7        $50,000     ....     1996 
  9.8      Sec. 15.  [APPROPRIATION; DEPARTMENT OF PUBLIC SAFETY.] 
  9.9      $40,000 is appropriated from the general fund to the 
  9.10  commissioner of public safety for the biennium ending June 30, 
  9.11  1997, to operate the statewide school-related crime telephone 
  9.12  line and to pay rewards for information received over the 
  9.13  statewide telephone line under Minnesota Statutes, section 
  9.14  299A.60.  Any unexpended funds in fiscal year 1996 do not cancel 
  9.15  but carry forward to fiscal year 1997.