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Minnesota Legislature

Office of the Revisor of Statutes

SF 2920

as introduced - 90th Legislature (2017 - 2018) Posted on 03/06/2018 08:42am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; providing for nonexclusionary pupil disciplinary policies
and practices; requiring a report;amending Minnesota Statutes 2016, sections
121A.41, by adding a subdivision; 121A.42; 121A.45; 121A.46, subdivisions 2,
3, by adding subdivisions; 121A.47, subdivision 2; 121A.53, subdivision 1;
121A.55; 121A.61; 121A.67, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 121A.41, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Nonexclusionary disciplinary policies and practices; alternatives to pupil
removal and dismissal.
new text end

new text begin "Nonexclusionary disciplinary policies and practices" means
policies and practices that are alternatives to removing a pupil from class or dismissing a
pupil from school, including positive behavioral interventions and supports and alternative
education services, that require school officials to intervene in, redirect, and support a pupil's
behavior before removing a pupil from class or beginning dismissal proceedings.
Nonexclusionary disciplinary policies and practices include but are not limited to the policies
and practices under sections 121A.031, subdivision 4, paragraph (a), clause (1); 121A.575,
clauses (1) and (2); and 121A.61, subdivision 3, paragraph (q).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2016, section 121A.42, is amended to read:


121A.42 POLICY.

new text begin (a) new text endNo public school shall deny due process or equal protection of the law to any public
school pupil involved in a dismissal proceeding which may result in suspension, exclusion,
or expulsion.

new text begin (b) School officials are encouraged to use nonexclusionary disciplinary policies and
practices before beginning dismissal proceedings.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 3.

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


121A.45 GROUNDS FOR DISMISSAL.

Subdivision 1.

Provision of alternative programs.

No school shall dismiss any pupil
without attempting to provide alternative educational servicesnew text begin or use nonexclusionary
disciplinary policies and practices
new text end before dismissal proceedings, except where it appears
that the pupil will create an immediate and substantial danger to self or to surrounding
persons or property.

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin For purposes of this chapter, "willful" or "willfully" means
deliberate, intentional, and knowing.
new text end

Subd. 2.

Grounds for dismissal.

A pupil may be dismissed deleted text beginon any of the following
grounds
deleted text endnew text begin fornew text end:

deleted text begin (a)deleted text end new text begin(1) new text endwillful violation of any reasonable school board regulationdeleted text begin. Such regulation must
be
deleted text endnew text begin that is specific and sufficientlynew text end clear and definite to provide notice to pupils that they
must conform their conduct to its requirements;

deleted text begin (b)deleted text endnew text begin (2)new text end 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

deleted text begin (c)deleted text endnew text begin (3)new text end willful conduct that endangers the pupil or other pupils, or surrounding persons,
including school district employees, or property of the school.

deleted text begin Subd. 3. deleted text end

deleted text begin Parent notification and meeting. deleted text end

deleted text begin If a pupil's total days of removal from school
exceeds ten cumulative days in a school year, the school district shall make reasonable
attempts to convene a meeting with the pupil and the pupil's parent or guardian before
subsequently removing the pupil from school and, with the permission of the parent or
guardian, arrange for a mental health screening for the pupil. The district is not required to
pay for the mental health screening. The purpose of this meeting is to attempt to determine
the pupil's need for assessment or other services or whether the parent or guardian should
have the pupil assessed or diagnosed to determine whether the pupil needs treatment for a
mental health disorder.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 4.

Minnesota Statutes 2016, section 121A.46, subdivision 2, is amended to read:


Subd. 2.

Administrator notifies pupil of grounds for suspension.

At the informal
administrative conference, a school administrator shall notify the pupil of the grounds for
the suspensiondeleted text begin, provide an explanation ofdeleted text end new text beginand explain new text endthe evidence the authorities havedeleted text begin,
and
deleted text endnew text begin. The pupil may present the pupil's version of the facts and ask questions but is not
required to do so. A school administrator must inform the pupil that
new text end the pupil deleted text beginmaydeleted text end new text beginis not
required to
new text endpresent the pupil's version of the facts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 5.

Minnesota Statutes 2016, section 121A.46, subdivision 3, is amended to read:


Subd. 3.

Written notice of grounds for suspension.

A written notice deleted text begincontainingdeleted text endnew text begin of
grounds for suspension shall be personally served upon the pupil at or before the time the
suspension is to take effect and served upon the pupil's parent or guardian by mail within
48 hours of the conference. A written notice required under this section must contain:
new text end

new text begin (1)new text end the grounds for suspensiondeleted text begin,deleted text endnew text begin;
new text end

new text begin (2)new text end a brief statement of the factsdeleted text begin,deleted text endnew text begin;
new text end

new text begin (3)new text end a description of the testimonydeleted text begin,deleted text endnew text begin;
new text end

new text begin (4) documents indicating the nonexclusionary disciplinary policies and practices initially
used with the pupil, if applicable;
new text end

new text begin (5) new text end new text begin the length of the suspension;
new text end

new text begin (6) new text enda readmission plandeleted text begin,deleted text endnew text begin that includes the pupil's date of return to school;
new text end

new text begin (7) a request for a meeting with the pupil's parent or guardian consistent with subdivision
3a;
new text endand

new text begin (8)new text end a copy of sections 121A.40 to 121A.56deleted text begin, shall be personally served upon the pupil at
or before the time the suspension is to take effect, and upon the pupil's parent or guardian
by mail within 48 hours of the conference
deleted text end.

The district shall make reasonable efforts to notify the parents of the suspension by telephone
new text begin or electronically new text endas soon as possible following new text beginthe new text endsuspension. In the event a pupil is
suspended without an informal administrative conference on the grounds that the pupil will
create an immediate and substantial danger to surrounding persons or property, the written
notice shall be served upon the pupil and the pupil's parent or guardian within 48 hours of
the suspension. Service by mail is complete upon mailing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 6.

Minnesota Statutes 2016, section 121A.46, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Parent notification and meeting; suspension; mental health screening. new text end

new text begin (a)
After suspending a pupil from school, a school official must make reasonable attempts to
convene a meeting with the pupil and the pupil's parent or guardian within 30 calendar days
of the dismissal. The purpose of the meeting is to engage the pupil's parent or guardian in
developing a plan to help the pupil succeed in school by addressing the behavior that led
to the dismissal.
new text end

new text begin (b) If a pupil's total days of removal from school exceeds ten cumulative days in a school
year, the school district shall make reasonable attempts to convene a meeting with the pupil
and the pupil's parent or guardian before subsequently removing the pupil from school and,
with the permission of the parent or guardian, arrange for a mental health screening for the
pupil. The district is not required to pay for the mental health screening. The purpose of
this meeting is to attempt to determine the pupil's need for assessment or other services or
whether the parent or guardian should have the pupil assessed or diagnosed to determine
whether the pupil needs treatment for a mental health disorder.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 7.

Minnesota Statutes 2016, section 121A.46, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Minimum education services. new text end

new text begin School officials must give a suspended pupil
the opportunity to complete all school work assigned during the period of the pupil's
suspension and to receive full credit for satisfactorily completing the assignments. The
school principal or other person having administrative control of the school building or
program is encouraged to designate a district or school employee as a liaison to work with
the pupil's teachers to allow the suspended pupil to (1) receive timely course materials and
other information, and (2) complete daily and weekly assignments and receive teachers'
feedback.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 8.

Minnesota Statutes 2016, section 121A.47, subdivision 2, is amended to read:


Subd. 2.

Written notice.

Written notice of intent to take action shall:

deleted text begin (a)deleted text endnew text begin (1)new text end be served upon the pupil and the pupil's parent or guardian personally or by mail;

deleted text begin (b)deleted text endnew text begin (2)new text end contain a complete statement of the facts, a list of the witnesses and a description
of their testimony;

deleted text begin (c) deleted text end new text begin (3) explain the grounds for expelling the pupil instead of imposing nonexclusionary
disciplinary policies and practices under section 121A.41, subdivision 12;
new text end

new text begin (4)new text end state the date, time, and place of the hearing;

deleted text begin (d)deleted text endnew text begin (5)new text end be accompanied by a copy of sections 121A.40 to 121A.56;

deleted text begin (e)deleted text endnew text begin (6)new text end describe alternative educational services accorded the pupil in an attempt to avoid
the new text beginexclusion or new text endexpulsion proceedings; and

deleted text begin (f)deleted text endnew text begin (7)new text end inform the pupil and parent or guardian of the right to:

deleted text begin (1)deleted text endnew text begin (i)new text end have a representative of the pupil's own choosing, including legal counsel, at the
hearing. The district deleted text beginshalldeleted text endnew text begin mustnew text end 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;

deleted text begin (2)deleted text endnew text begin (ii)new text end examine the pupil's records before the hearing;

deleted text begin (3)deleted text endnew text begin (iii)new text end present evidence; and

deleted text begin (4)deleted text endnew text begin (iv)new text end confront and cross-examine witnesses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 9.

Minnesota Statutes 2016, section 121A.53, subdivision 1, is amended to read:


Subdivision 1.

Exclusions and expulsions; physical assaults.

new text begin(a) Consistent with
subdivision 2,
new text endthe school board must deleted text beginreport throughdeleted text end new text beginuse new text endthe department electronic reporting
system new text beginto report to the commissioner new text endeach exclusion or expulsion deleted text beginanddeleted text endnew text begin,new text end each physical assault
of a district employee by a deleted text beginstudentdeleted text end new text beginpupil, and each verbal or written agreement of a parent
or guardian to withdraw a pupil from the school or district instead of having the pupil
excluded or expelled
new text endwithin 30 days of the effective date of the dismissal action or assault
deleted text begin to the commissioner of educationdeleted text end. This report must deleted text begininclude a statement of alternative
educational services, or other sanction, intervention, or resolution in response to the assault
given the pupil and the reason for,
deleted text end new text beginidentify:
new text end

new text begin (1) the pupil's behavior leading to the discipline;
new text end

new text begin (2) the nonexclusionary disciplinary policies and practices used, if applicable;
new text end

new text begin (3) any attempts to provide the pupil with alternative education services before excluding
or expelling the pupil;
new text end

new text begin (4) new text endthe effective datedeleted text begin, anddeleted text end new text beginof the disciplinary action; and
new text end

new text begin (5) new text endthe duration of the exclusion or expulsion or other sanction, intervention, or resolution.

The report must also include the deleted text beginstudent'sdeleted text endnew text begin pupil'snew text end age, grade, gender, race, and special
education status.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 10.

Minnesota Statutes 2016, 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 deleted text beginstudents'deleted text endnew text begin pupils'new text end inappropriate behavior from recurring. The policies
shall recognize the continuing responsibility of the school for the education of the pupil
during the dismissal period. The alternative educational services, if the pupil wishes to take
advantage of them, 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
readmission.

(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 new text beginand school resource new text endofficers and crisis teams to remove deleted text beginstudentsdeleted text endnew text begin
pupils
new text end who have an individualized education program from school grounds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 11.

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


121A.61 DISCIPLINE AND REMOVAL OF deleted text beginSTUDENTSdeleted text endnew text begin PUPILSnew text end FROM CLASS.

Subdivision 1.

Required policy.

Each school board must adopt a written districtwide
school discipline policy which includes written rules of conduct for deleted text beginstudentsdeleted text endnew text begin pupilsnew text end, deleted text beginminimumdeleted text end
new text begin potential new text endconsequences for violations of the rules, new text beginparental notification requirements, new text endand
grounds and procedures for removal of a deleted text beginstudentdeleted text endnew text begin pupilnew text end from class. The new text beginboard must develop
the
new text endpolicy deleted text beginmust be developeddeleted text end in consultation with administrators, teachers, employees,
pupils, parents, community members, law enforcement agencies, county attorney offices,
social service agencies, and such other individuals or organizations as the board determines
appropriate. A school site council may adopt additional provisions to the policy subject to
the approval of the school board.

Subd. 2.

Grounds for removal from class.

The policy must establish the various grounds
for which a deleted text beginstudentdeleted text end new text beginpupil new text endmay 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 deleted text beginstudent'sdeleted text endnew text begin pupil'snew text end parent or guardian to discuss the problem that
is causing the deleted text beginstudentdeleted text endnew text begin pupilnew text end to be removed from class after the deleted text beginstudentdeleted text endnew text begin pupilnew text end has been removed
from class more than deleted text begintendeleted text end new text beginfive new text endtimes 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
deleted text begin studentsdeleted text endnew text begin pupilsnew text end in a class or with the ability of other deleted text beginstudentsdeleted text endnew text begin pupilsnew text end to learn;

(b) willful conduct that endangers surrounding persons, including school district
employees, the deleted text beginstudentdeleted text endnew text begin pupil,new text end or other deleted text beginstudentsdeleted text endnew text begin pupilsnew text end, or the property of the school; and

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

Subd. 3.

Policy components.

The policy must include at least the following components:

(a) rules governing deleted text beginstudentdeleted text endnew text begin pupilnew text end conduct and procedures for informing deleted text beginstudentsdeleted text endnew text begin pupilsnew text end
of the rules;

(b) the grounds for removal of a deleted text beginstudentdeleted text endnew text begin pupilnew text end from a class;

(c) the authority of the classroom teacher to remove deleted text beginstudentsdeleted text endnew text begin pupilsnew text end from the classroom
pursuant to procedures and rules established in the district's policy;

(d) the procedures for removal of a deleted text beginstudentdeleted text endnew text begin pupilnew text end from a class by a teacher, school
administrator, or other school district employee;

(e) the period of time for which a deleted text beginstudentdeleted text endnew text begin pupilnew text end may be removed from a class, which
may not exceed five class periods for a violation of a rule of conduct;

(f) provisions relating to the responsibility for and custody of a deleted text beginstudentdeleted text endnew text begin pupilnew text end removed
from a class;

(g) the procedures for return of a deleted text beginstudentdeleted text endnew text begin pupilnew text end to the specified class from which the
deleted text begin studentdeleted text endnew text begin pupilnew text end has been removed;

(h) the procedures for notifying a deleted text beginstudentdeleted text endnew text begin pupilnew text end and the deleted text beginstudent'sdeleted text endnew text begin pupil'snew text end parents or
guardian of violations of the rules of conduct and of resulting disciplinary actions;

(i) any procedures determined appropriate for encouraging early involvement of parents
or guardians in attempts to improve a deleted text beginstudent'sdeleted text endnew text begin pupil'snew text end behavior;

(j) any procedures determined appropriate for encouraging early detection of behavioral
problems;

(k) any procedures determined appropriate for referring a deleted text beginstudentdeleted text endnew text begin pupilnew text end in need of special
education services to those services;

(1) the procedures for consideration of whether there is a need for a further assessment
or of whether there is a need for a review of the adequacy of a current individualized
education program of a deleted text beginstudentdeleted text endnew text begin pupilnew text end with a disability who is removed from class;

(m) procedures for detecting and addressing chemical abuse problems of a deleted text beginstudentdeleted text endnew text begin pupilnew text end
while on the school premises;

(n) the deleted text beginminimumdeleted text end new text beginpotential new text endconsequences for violations of the code of conduct;

(o) procedures for immediate and appropriate interventions tied to violations deleted text beginof the codedeleted text end;

(p) a provision that states that a teacher, school employee, school bus driver, or other
agent of a district may use reasonable force in compliance with section 121A.582 and other
laws;

(q) an agreement regarding procedures to coordinate crisis services to the extent funds
are available with the county board responsible for implementing sections 245.487 to
245.4889 for deleted text beginstudentsdeleted text endnew text begin pupilsnew text end with a serious emotional disturbance or other deleted text beginstudentsdeleted text endnew text begin pupil'snew text end
who have an individualized education program whose behavior may be addressed by crisis
intervention; and

(r) a provision that states a deleted text beginstudentdeleted text endnew text begin pupilnew text end must be removed from class immediately if the
deleted text begin studentdeleted text endnew text begin pupilnew text end engages in assault or violent behavior. For purposes of this paragraph, "assault"
has the meaning given it in section 609.02, subdivision 10. The removal shall be for a period
of time deemed appropriate by the principal, in consultation with the teacher.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 12.

Minnesota Statutes 2016, section 121A.67, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Parent notification. new text end

new text begin A school administrator must make and document efforts
to immediately contact the parent or guardian of a pupil removed from a school building
or school grounds by a peace or school resource officer unless such notice is specifically
prohibited by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end