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Minnesota Legislature

Office of the Revisor of Statutes

SF 177

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:24pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to education; requiring school safety assessment teams; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 121A.

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

Section 1.

new text begin [121A.35] SCHOOL SAFETY ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin School safety assessment. new text end

new text begin "School safety assessment" means a fact-based
process using an integrated team approach that helps schools evaluate and assess potentially
threatening situations or students whose behavior may pose a threat to the safety of the
school, staff, or students.
new text end

new text begin Subd. 2. new text end

new text begin Policy. new text end

new text begin A school board must adopt a policy to establish safety assessment teams
to conduct school safety assessments consistent with subdivision 1. A safety assessment
policy must be consistent with district policies in section 121A.035 and with any guidance
provided by the Department of Public Safety's School Safety Center. A safety assessment
policy must include procedures for referrals to mental health providers or health care
providers for evaluation or treatment when appropriate. A safety assessment policy must
require notice to the parent or guardian of a student whose behavior is assessed under this
section unless notice to the parent or guardian is not in the minor's best interests, consistent
with sections 13.02, subdivision 8, and 13.32, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Oversight. new text end

new text begin The superintendent of a school district must establish a committee
or individual charged with oversight of the safety assessment teams operating within the
district, which may be an existing committee established by the school board.
new text end

new text begin Subd. 4. new text end

new text begin Safety assessment teams. new text end

new text begin (a) The superintendent of a school district must
establish for each school a safety assessment team that includes, to the extent practicable,
school officials with expertise in counseling, school psychology, school administration,
students with disabilities, and law enforcement. The team may include human resources or
legal counsel if the potential threatening behavior involves someone who is not a student.
The team may include the juvenile prosecutor whose jurisdiction includes the area within
the school district. A safety assessment team may serve one or more schools, as determined
by the superintendent.
new text end

new text begin (b) A safety assessment team must:
new text end

new text begin (1) provide guidance to school staff and students regarding recognition of threatening
or concerning behavior that may represent a threat to the community, school, staff, or
students, and the members of the school to whom threatening or aberrant behavior should
be reported;
new text end

new text begin (2) consider whether there is sufficient information to determine whether a student or
another individual poses a threat;
new text end

new text begin (3) implement a policy adopted by the school board under subdivision 2; and
new text end

new text begin (4) report summary data on its activities according to guidance developed by the School
Safety Center.
new text end

new text begin (c) Upon a preliminary determination that a student poses a threat of violence or physical
harm to others, a safety assessment team must immediately report its determination to the
district superintendent or the superintendent's designee, who must immediately attempt to
notify the student's parent or legal guardian. The safety assessment team must consider
services to address the student's underlying behavioral or mental health issues, which may
include mental health treatment, social work services, character education consistent with
section 120B.232, evidence-based social emotional learning, and referrals for special
education or section 504 evaluations.
new text end

new text begin (d) Upon determining that a student exhibits suicidal ideation or self-harm, a school
safety assessment team must follow the district's suicide prevention policy or protocol or
refer the student to an appropriate school-linked mental health professional or other support
personnel. Access to information regarding a student exhibiting suicidal ideation or self-harm
is subject to section 13.32, subdivision 2.
new text end

new text begin (e) Nothing in this section precludes a school district official or employee from acting
immediately to address an imminent threat.
new text end

new text begin Subd. 5. new text end

new text begin Redisclosure. new text end

new text begin (a) A safety assessment team member must not redisclose
educational records or use any record of an individual beyond the purpose for which the
disclosure was made to the safety assessment team. A school district employee who has
access to information related to a safety assessment is subject to this subdivision.
new text end

new text begin (b) Nothing in this section prohibits the disclosure of educational records in health,
including mental health, and safety emergencies in accordance with state and federal law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 2. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Commissioner of education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the commissioner of education in the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Safety assessment grants. new text end

new text begin (a) For grants to school districts for training for
members of safety assessment teams and oversight committees under Minnesota Statutes,
section 121A.35:
new text end

new text begin $
new text end
new text begin 300,000
new text end
new text begin .....
new text end
new text begin 2020
new text end
new text begin $
new text end
new text begin 0
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) The commissioner and the director of the Minnesota School Safety Center are
encouraged to develop safety assessment training guidelines and provide school districts a
list of approved safety assessment training programs.
new text end

new text begin (c) Of these amounts, up to three percent is for administering the grant. The commissioner
may use the administration funds for developing model safety assessment policies,
procedures, and guidelines.
new text end

new text begin (d) This is a onetime appropriation. This appropriation is available until June 30, 2021.
new text end