SF 1254

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; empowering teachers; providing 
  1.3             attendance options to students dismissed from school; 
  1.4             amending Minnesota Statutes 1996, sections 120.063; 
  1.5             and 125.12, subdivision 14; proposing coding for new 
  1.6             law in Minnesota Statutes, chapter 127. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 120.063, is 
  1.9   amended to read: 
  1.10     120.063 [SCHOOL ATTENDANCE.] 
  1.11     Subdivision 1.  [ATTENDANCE A PRIVILEGE.] Attendance at 
  1.12  Attending a particular public school is a privilege not a right 
  1.13  for a pupil, and not a right.  Notwithstanding any law to the 
  1.14  contrary, a school board may revoke a pupil's privilege to 
  1.15  attend a particular school if the pupil violates a school's 
  1.16  sexual, religious, and racial harassment and violence policy 
  1.17  under section 127.46 or other school conduct policy under 
  1.18  section 127.38. 
  1.19     Subd. 2.  [DISMISSAL.] A school board may dismiss a pupil 
  1.20  who violates a school's sexual, religious, and racial harassment 
  1.21  and violence policy or other school conduct policy. 
  1.22     Subd. 3.  [DISABLED PUPILS.] A school board may dismiss a 
  1.23  pupil with an individual education plan under section 127.281 
  1.24  who violates a school conduct policy. 
  1.25     Subd. 4.  [PARENT AND STUDENT EMPOWERMENT.] A pupil and the 
  1.26  pupil's parent or guardian have 30 calendar days from the date 
  2.1   on which a school board dismisses the pupil to make reasonable 
  2.2   efforts to gain admittance for the pupil at a school or 
  2.3   alternative education program.  If the pupil and the pupil's 
  2.4   parent or guardian are unable to gain admittance for the pupil 
  2.5   at another school or alternative education program, then the 
  2.6   school district from which the student was dismissed shall find 
  2.7   a school or alternative education program to enroll the pupil. 
  2.8      Subd. 5.  [CONTRACT.] If a pupil enrolls in a school or 
  2.9   alternative education program under subdivision 6, the pupil's 
  2.10  resident school district shall contract with the school or 
  2.11  alternative education program to provide instructional services 
  2.12  to the pupil.  The tuition amount shall not exceed the amount of 
  2.13  per-pupil general education revenue that the pupil generates in 
  2.14  the pupil's resident school district. 
  2.15     Subd. 6.  [REVENUE.] If a pupil enrolls in a school in a 
  2.16  nonresident school district under subdivision 4, transportation 
  2.17  aid and adjustments to the general education aid shall be made 
  2.18  under section 120.092, subdivisions 9 and 12.  If a pupil 
  2.19  enrolls in a charter school under subdivision 4, the pupil's 
  2.20  resident school district shall pay the charter school the amount 
  2.21  of revenue determined under section 124.248. 
  2.22     Sec. 2.  Minnesota Statutes 1996, section 125.12, 
  2.23  subdivision 14, is amended to read: 
  2.24     Subd. 14.  [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 
  2.25  EXPUNGEMENT.] All evaluations and files generated within a 
  2.26  school district relating to each individual teacher shall be 
  2.27  available to each individual teacher upon written request.  
  2.28  Effective January 1, 1976, all evaluations and files, wherever 
  2.29  generated, relating to each individual teacher shall be 
  2.30  available to each individual teacher upon written request.  The 
  2.31  teacher shall have the right to reproduce any of the contents of 
  2.32  the files at the teacher's expense and to submit for inclusion 
  2.33  in the file written information in response to any material 
  2.34  contained therein. 
  2.35     A school district may destroy the files as provided by law 
  2.36  and shall expunge from the teacher's file any material found to 
  3.1   be false or substantially inaccurate through the grievance 
  3.2   procedure required pursuant to section 179A.20, subdivision 4; 
  3.3   provided, the grievance procedure promulgated by the director of 
  3.4   the bureau of mediation services, pursuant to section 179A.04, 
  3.5   subdivision 3, clause (h), shall apply to those principals and 
  3.6   supervisory employees not included in an appropriate unit as 
  3.7   defined in section 179A.03.  Expungement proceedings shall be 
  3.8   commenced within the time period provided in the collective 
  3.9   bargaining agreement for the commencement of a grievance.  If no 
  3.10  time period is provided in the bargaining agreement, the 
  3.11  expungement proceedings shall commence within 15 days after the 
  3.12  teacher has knowledge of the inclusion in the teacher's file of 
  3.13  the material the teacher seeks to have expunged. 
  3.14     Sec. 3.  [127.4105] [INFORMATION ON TEACHER LIABILITY.] 
  3.15     A school board shall, at the beginning of each school year, 
  3.16  disseminate to all teachers employed in the district a written 
  3.17  statement informing the teachers of the school district's 
  3.18  insurance coverage for the teachers' criminal and civil 
  3.19  liability for disciplining a student and the extent of the 
  3.20  liability of the district's liability insurer, and the extent of 
  3.21  district tort liability provisions under chapter 466 for torts 
  3.22  that teachers might commit while acting within the scope of 
  3.23  their employment. 
  3.24     Sec. 4.  [EFFECTIVE DATE.] 
  3.25     Sections 1 to 3 are effective for the 1997-1998 school year 
  3.26  and thereafter.