SF 3239

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/18/2022 09:09am

A bill for an act
relating to education; providing for transparency in curriculum and expanding
parents' rights in schools; amending Minnesota Statutes 2020, sections 120B.20;
121A.06, subdivision 2; 123B.09, subdivisions 6, 10; 124E.07, subdivision 8;
proposing coding for new law in Minnesota Statutes, chapter 120B.

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

Section 1.

new text begin [120B.1999] PARENT'S RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative findings. new text end

new text begin (a) The legislature finds that it is a fundamental
right of a parent to direct the upbringing, education, and care of the parent's minor child.
The legislature further finds that important information relating to a minor child should not
be withheld, either inadvertently or purposefully, from the child's parent, including
information relating to the minor child's health, well-being, and education, while the minor
child is in the custody of a school district. The legislature further finds it necessary for a
school to establish a consistent mechanism for a parent to be notified of information relating
to the health and well-being of the parent's minor child.
new text end

new text begin (b) For the purposes of this section, "parent" means a person who has legal custody of
a minor child as a natural or adoptive parent or a legal guardian.
new text end

new text begin Subd. 2. new text end

new text begin Infringement of parental rights. new text end

new text begin The state, any of its political subdivisions,
any other governmental entity, or any other institution must not infringe on the fundamental
rights of a parent to direct the upbringing, health, well-being, mental health, and education
of the parent's minor child without demonstrating that the potential infringement of parental
rights is reasonable and necessary to achieve a compelling state interest, and that the potential
infringement of parental rights is narrowly tailored and is not otherwise served by a less
restrictive means.
new text end

Sec. 2.

Minnesota Statutes 2020, section 120B.20, is amended to read:

120B.20 PARENTAL CURRICULUM REVIEW.

new text begin Subdivision 1. new text end

new text begin Alternative instruction. new text end

Each school district shall have a procedure for
a parent, guardian, or an adult student, 18 years of age or older, to review the content of the
instructional materials to be provided to a minor child or to an adult student and, if the
parent, guardian, or adult student objects to the content, to make reasonable arrangements
with school personnel for alternative instruction. Alternative instruction may be provided
by the parent, guardian, or adult student if the alternative instruction, if any, offered by the
school board does not meet the concerns of the parent, guardian, or adult student. The school
board is not required to pay for the costs of alternative instruction provided by a parent,
guardian, or adult student. School personnel may not impose an academic or other penalty
upon a student merely for arranging alternative instruction under this section. School
personnel may evaluate and assess the quality of the student's work.

new text begin Subd. 2. new text end

new text begin Parental review and input. new text end

new text begin Each school district must provide a forum for
input on curriculum after review by a parent or guardian. Each school board must inform
parents and guardians annually of the member and meeting schedule of the district advisory
committee under section 120B.11, subdivision 3, and site team under section 120B.11,
subdivision 4.
new text end

Sec. 3.

Minnesota Statutes 2020, section 121A.06, subdivision 2, is amended to read:

Subd. 2.

Reports; content.

School districts must electronically report to the commissioner
of education incidents involving the use or possession of a dangerous weapon in school
zones. The form must include the following information:

(1) a description of each incident, including a description of the dangerous weapon
involved in the incident;

(2) where, at what time, and under what circumstances the incident occurred;

(3) information about the offender, other than the offender's name, including the offender's
age; whether the offender was a student and, if so, where the offender attended school; and
whether the offender was under school expulsion or suspension at the time of the incident;

(4) information about the victim other than the victim's name, if any, including the
victim's age; whether the victim was a student and, if so, where the victim attended school;
and if the victim was not a student, whether the victim was employed at the school;

(5) the cost of the incident to the school and to the victim; and

(6) the action taken by the school administration to respond to the incident.

The commissioner shall provide an electronic reporting format that allows school districts
to provide aggregate data. new text begin The aggregate data must be made available to parents and
guardians of students in each public school.
new text end

Sec. 4.

Minnesota Statutes 2020, section 123B.09, subdivision 6, is amended to read:

Subd. 6.

Meetings.

new text begin (a) new text end A majority of the voting members of the board shall constitute
a quorum. No contract shall be made or authorized, except at a regular meeting of the board
or at a special meeting at which all members are present or of which all members have had
notice. Special meetings may be called by the chair or clerk or any three members upon
notice mailed to each member at least three days prior thereto.

new text begin (b) The board must not require a person providing testimony at a board meeting to
disclose the person's address or other contact information.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 5.

Minnesota Statutes 2020, section 123B.09, subdivision 10, is amended to read:

Subd. 10.

Publishing proceedings.

The board must cause its official proceedings to be
published once in the official newspaper of the district. Such publication shall be made
within 30 days of the meeting at which such proceedings occurred. If the board determines
that publication of a summary of the proceedings would adequately inform the public of
the substance of the proceedings, the board may direct that only a summary be published,
conforming to the requirements of section 331A.01, subdivision 10. new text begin The board must not
publish the home address or other contact information of a person providing testimony at
a board meeting.
new text end

Sec. 6.

Minnesota Statutes 2020, section 124E.07, subdivision 8, is amended to read:

Subd. 8.

Meetings and information.

(a) Board of director meetings must comply with
chapter 13D governing open meetings.

(b) A charter school shall publish and maintain on the school's official website: (1) the
meeting minutes of the board of directors and of members and committees having
board-delegated authority, for at least 365 days from the date of publication; (2) directory
information for the board of directors and for the members of committees having
board-delegated authority; and (3) identifying and contact information for the school's
authorizer.

(c) A charter school must include identifying and contact information for the school's
authorizer in other school materials it makes available to the public.

new text begin (d) A board of directors must not require a person providing testimony at a board meeting
to disclose the person's address or other contact information.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end