SF 2624

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for immunity from 
  1.3             liability for school district and district employee 
  1.4             notification of students with a history of violent 
  1.5             behavior; amending Minnesota Statutes 2002, section 
  1.6             121A.75, by adding a subdivision; Minnesota Statutes 
  1.7             2003 Supplement, section 121A.64. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.10  121A.64, is amended to read: 
  1.11     121A.64 [NOTIFICATION; TEACHERS' LEGITIMATE EDUCATIONAL 
  1.12  INTEREST.] 
  1.13     (a) A classroom teacher has a legitimate educational 
  1.14  interest in knowing which students placed in the teacher's 
  1.15  classroom have a history of violent behavior and must be 
  1.16  notified before such students are placed in the teacher's 
  1.17  classroom.  
  1.18     (b) Representatives of the school board and the exclusive 
  1.19  representative of the teachers shall discuss issues related to 
  1.20  the model policy on student records adopted under Laws 1999, 
  1.21  chapter 241, article 9, section 50, and any modifications 
  1.22  adopted under Laws 2003, First Special Session chapter 9, for 
  1.23  notifying classroom teachers and other school district employees 
  1.24  having a legitimate educational interest in knowing about 
  1.25  students with a history of violent behavior placed in 
  1.26  classrooms.  The representatives of the school board and the 
  2.1   exclusive representative of the teachers also may discuss the 
  2.2   need for intervention services or conflict resolution or 
  2.3   training for staff related to placing students with a history of 
  2.4   violent behavior in teachers' classrooms. 
  2.5      (c) A school district or employee of a school district is 
  2.6   immune from liability in any civil, administrative, or criminal 
  2.7   action relating to this section if a good faith effort has been 
  2.8   made to comply with the notification requirement.  A school 
  2.9   district is not required to adopt the model policy under Laws 
  2.10  2003, First Special Session chapter 9, article 2, section 53. 
  2.11     Sec. 2.  Minnesota Statutes 2002, section 121A.75, is 
  2.12  amended by adding a subdivision to read: 
  2.13     Subd. 4.  [IMMUNITY FROM LIABILITY.] A school district or 
  2.14  employee of a school district is immune from liability in any 
  2.15  civil, administrative, or criminal action relating to this 
  2.16  section if a good faith effort has been made to comply with the 
  2.17  notification requirements.  A school district is not required to 
  2.18  adopt the model policy under Laws 2003, First Special Session 
  2.19  chapter 9, article 2, section 53.