Minnesota Legislature
SF 1575
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am
Current Version - as introduced
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A bill for an act
relating to education; permitting school districts to determine whether to offer
alternative educational services for students subject to dismissal; amending
Minnesota Statutes 2008, sections 121A.41, subdivision 10; 121A.46,
subdivision 4; 121A.47, subdivisions 2, 14; 121A.53, subdivision 1; 121A.55;
repealing Minnesota Statutes 2008, section 121A.45, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 121A.41, subdivision 10, is amended to
read:
Subd. 10.
Suspension.
"Suspension" means an action by the school administration,
under rules promulgated by the school board, prohibiting a pupil from attending school
for a period of no more than ten school days. If a suspension is longer than five days, the
suspending administrator must provide the superintendent with a reason for the longer
suspension. This definition does not apply to dismissal from school for one school day or
less, except as provided in federal law for a student with a disability. Each suspension
action may include a readmission plan. The readmission plan deleted text begin shalldeleted text end new text begin maynew text end include,
where appropriate, a provision for implementing alternative educational services upon
readmission and may not be used to extend the current suspension. Consistent with section
125A.091, subdivision 5, the readmission plan must not obligate a parent to provide a
sympathomimetic medication for the parent's child as a condition of readmission. The
school administration may not impose consecutive suspensions against the same pupil
for the same course of conduct, or incident of misconduct, except where the pupil will
create an immediate and substantial danger to self or to surrounding persons or property,
or where the district is in the process of initiating an expulsion, in which case the school
administration may extend the suspension to a total of 15 days. In the case of a student
with a disability, the student's individual education plan team must meet immediately
but not more than ten school days after the date on which the decision to remove the
student from the student's current education placement is made. The individual education
plan team and other qualified personnel shall at that meeting: conduct a review of the
relationship between the child's disability and the behavior subject to disciplinary action;
and determine the appropriateness of the child's education plan.
The requirements of the individual education plan team meeting apply when:
(1) the parent requests a meeting;
(2) the student is removed from the student's current placement for five or more
consecutive days; or
(3) the student's total days of removal from the student's placement during the school
year exceed ten cumulative days in a school year. The school administration deleted text begin shalldeleted text end new text begin maynew text end
implement alternative educational services when the suspension exceeds five days. A
separate administrative conference is required for each period of suspension.
Sec. 2.
Minnesota Statutes 2008, section 121A.46, subdivision 4, is amended to read:
Subd. 4.
Suspension pending expulsion or exclusion hearing.
Notwithstanding
the provisions of subdivisions 1 and 3, the pupil may be suspended pending the school
board's decision in the expulsion or exclusion hearingdeleted text begin ; provided that alternative
educational services are implemented to the extent that suspension exceeds five daysdeleted text end .
Sec. 3.
Minnesota Statutes 2008, section 121A.47, subdivision 2, is amended to read:
Subd. 2.
Written notice.
Written notice of intent to take action shall:
(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;
(b) contain a complete statement of the facts, a list of the witnesses and a description
of their testimony;
(c) state the date, time, and place of the hearing;
(d) be accompanied by a copy of sections 121A.40 to 121A.56;new text begin andnew text end
(e) deleted text begin describe alternative educational services accorded the pupil in an attempt to
avoid the expulsion proceedings; and
deleted text end
deleted text begin (f)deleted text end inform the pupil and parent or guardian of the right to:
(1) have a representative of the pupil's own choosing, including legal counsel, at
the hearing. The district shall advise the pupil's parent or guardian that free or low-cost
legal assistance may be available and that a legal assistance resource list is available
from the Department of Education;
(2) examine the pupil's records before the hearing;
(3) present evidence; and
(4) confront and cross-examine witnesses.
Sec. 4.
Minnesota Statutes 2008, section 121A.47, subdivision 14, is amended to read:
Subd. 14.
Admission or readmission plan.
(a) A school administrator shall prepare
and enforce an admission or readmission plan for any pupil who is excluded or expelled
from school. The plan may include measures to improve the pupil's behavior, including
completing a character education program, consistent with section 120B.232, subdivision
1, and require parental involvement in the admission or readmission process, and may
indicate the consequences to the pupil of not improving the pupil's behavior.
(b) The definition of suspension under section 121A.41, subdivision 10, does not
apply to a student's dismissal from school for one school day or less, except as provided
under federal law for a student with a disability. Each suspension action may include a
readmission plan. A readmission plan deleted text begin mustdeleted text end new text begin maynew text end provide, where appropriate, alternative
education services, which must not be used to extend the student's current suspension
period. Consistent with section 125A.091, subdivision 5, a readmission plan must not
obligate a parent or guardian to provide psychotropic drugs to their student as a condition
of readmission. School officials must not use the refusal of a parent or guardian to consent
to the administration of psychotropic drugs to their student or to consent to a psychiatric
evaluation, screening or examination of the student as a ground, by itself, to prohibit the
student from attending class or participating in a school-related activity, or as a basis of a
charge of child abuse, child neglect or medical or educational neglect.
Sec. 5.
Minnesota Statutes 2008, section 121A.53, subdivision 1, is amended to read:
Subdivision 1.
Exclusions and expulsions.
The school board must report through
the department electronic reporting system each exclusion or expulsion within 30 days of
the effective date of the action to the commissioner of education. This report must include
a statement of alternative educational servicesnew text begin , if any,new text end given the pupil and the reason for,
the effective date, and the duration of the exclusion or expulsion. The report must also
include the student's age, grade, gender, race, and special education status.
Sec. 6.
Minnesota Statutes 2008, section 121A.55, is amended to read:
121A.55 POLICIES TO BE ESTABLISHED.
(a) The commissioner of education shall promulgate guidelines to assist each school
board. Each school board shall establish uniform criteria for dismissal and adopt written
policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies
shall emphasize preventing dismissals through early detection of problems and shall be
designed to address students' inappropriate behavior from recurring. deleted text begin The policies shall
recognize the continuing responsibility of the school for the education of the pupil during
the dismissal period. Thedeleted text end Alternative educational servicesdeleted text begin ,deleted text end new text begin may be providednew text end if the pupil
wishes to take advantage of themdeleted text begin , must be adequate to allow the pupil to make progress
towards meeting the graduation standards adopted under section 120B.02 and help prepare
the pupil for readmissiondeleted text end .
(b) An area learning center under section 123A.05 may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.
(c) Each school district shall develop a policy and report it to the commissioner on
the appropriate use of peace officers and crisis teams to remove students who have an
individualized education plan from school grounds.
Sec. 7. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 121A.45, subdivision 1,
new text end
new text begin
is repealed.
new text end