SF 1685

as introduced - 90th Legislature (2017 - 2018) Posted on 03/03/2017 09:14am

A bill for an act
relating to education; modifying school disciplinary actions; amending Minnesota
Statutes 2016, sections 120B.11, subdivision 5; 121A.45, subdivision 2, by adding
a subdivision; 121A.61, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 120B.11, subdivision 5, is amended to read:

Subd. 5.

Report.

Consistent with requirements for school performance reports under
section 120B.36, subdivision 1, the school board shall publish a report in the local newspaper
with the largest circulation in the district, by mail, or by electronic means on the district
Web site. The school board shall hold an annual public meeting to review, and revise where
appropriate, student achievement goals, local assessment outcomes, plans, strategies, and
practices for improving curriculum and instruction and cultural competency, and efforts to
equitably distribute diverse, effective, experienced, and in-field teachers, and to review
district success in realizing the previously adopted student achievement goals and related
benchmarks and the improvement plans leading to the world's best workforce. new text begin The report
must include data on school discipline along with school district efforts to reduce suspensions,
including but not limited to staff development for teachers and administrators, restorative
justice practices, positive behavioral interventions and supports, trauma-informed curriculum
and practices, parental involvement, after-school interventions, and the use of culturally
competent staff development and policies. new text end The school board must transmit an electronic
summary of its report to the commissioner in the form and manner the commissioner
determines.

Sec. 2.

Minnesota Statutes 2016, section 121A.45, subdivision 2, is amended to read:

Subd. 2.

Grounds for dismissal.

A pupil may be dismissed on any of the following
grounds:

(a) willful violation of any reasonable school board regulation. Such regulation must be
clear and definite to provide notice to pupils that they must conform their conduct to its
requirements;

(b) willful conduct that significantly disrupts the rights of others to an education, or the
ability of school personnel to perform their duties, or school sponsored extracurricular
activities; or

(c) willful conduct that endangers the pupil or other pupils, or surrounding persons,
including school district employees, or property of the school.

new text begin A pupil's conduct that constitutes a violation of the district's student bullying policy,
sexual, religious, and racial harassment and violence policy, hazing policy, discrimination
policy, or dangerous weapons policy is not subject to the willful requirement in clause (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to dismissals commenced on or after August
1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2016, section 121A.45, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Suspension of elementary school pupils. new text end

new text begin Before beginning the suspension
procedures required under section 121A.46 for a pupil in kindergarten through grade 5, the
school administration must consider whether a suspension pursuant to subdivision 2 is
consistent with school district policies that emphasize preventing dismissal through early
detection of problems and that are designed to prevent students' inappropriate behavior from
recurring.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to suspensions commenced on or after August
1, 2017.
new text end

Sec. 4.

Minnesota Statutes 2016, section 121A.61, subdivision 2, is amended to read:

Subd. 2.

Grounds for removal from class.

The policy must establish the various grounds
for which a student may be removed from a class in the district for a period of time under
the procedures specified in the policy. The policy must include a procedure for notifying
and meeting with a student's parent or guardian to discuss the problem that is causing the
student to be removed from class after the student has been removed from class more than
ten times in one school year. The grounds in the policy must include at least the following
provisions as well as other grounds determined appropriate by the board:

(a) willful conduct that significantly disrupts the rights of others to an education, including
conduct that interferes with a teacher's ability to teach or communicate effectively with
students in a class or with the ability of other students to learn;

(b) willful conduct that endangers surrounding persons, including school district
employees, the student or other students, or the property of the school; and

(c) willful violation of any rule of conduct specified in the discipline policy adopted by
the board.

new text begin A pupil's conduct that constitutes a violation of the district's student bullying policy,
sexual, religious, and racial harassment and violence policy, hazing policy, discrimination
policy, or dangerous weapons policy is not subject to the willful requirement in clause (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to removals commenced on or after August
1, 2017.
new text end