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SF 3388

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 03:10pm

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; modifying provisions requiring a safe and supportive school
environment and student admission or readmission plan; amending Minnesota
Statutes 2018, sections 121A.031, subdivisions 5, 6; 121A.47, subdivision 14.

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

Section 1.

Minnesota Statutes 2018, section 121A.031, subdivision 5, is amended to read:


Subd. 5.

Safe and supportive schools programming.

(a) Districts and schools are
encouraged to provide developmentally appropriate programmatic instruction to help students
identify, prevent, and reduce prohibited conduct; value diversity in school and society;
develop and improve students' knowledge and skills for solving problems, managing conflict,
engaging in civil discourse, and recognizing, responding to, and reporting prohibited conduct;
and make effective prevention and intervention programs available to students. Upon request,
the school safety technical assistance center under section 127A.052 must assist a district
or school in helping students understand social media and cyberbullying. Districts and
schools must establish strategies for creating a positive school climate and use evidence-based
social-emotional learning to prevent and reduce discrimination and other improper conduct.

(b) Districts and schools deleted text beginare encouraged todeleted text endnew text begin mustnew text end:

(1) engage all students in creating a safe and supportive school environment;

(2) partner with parents and other community members to develop and implement
prevention and intervention programs;

(3) engage all students and adults in integrating education, intervention, and other
remedial responses into the school environment;

(4) train student bystanders to intervene in and report incidents of prohibited conduct to
the school's primary contact person;

(5) teach students to advocate for themselves and others;

(6) prevent inappropriate referrals to special education of students who may engage in
prohibited conduct; and

(7) foster student collaborations that foster a safe and supportive school climate.

Sec. 2.

Minnesota Statutes 2018, section 121A.031, subdivision 6, is amended to read:


Subd. 6.

State model policy.

(a) The commissioner, in consultation with the
commissioner of human rights, shall develop and maintain a state model policy. A district
or school that does not adopt and implement a local policy under subdivisions 3 to 5 must
implement and may supplement the provisions of the state model policy. The commissioner
must assist districts and schools under this subdivision to implement the state policy. The
state model policy must:

(1) define prohibited conduct, consistent with this section;

(2) apply the prohibited conduct policy components in this section;

(3) for a child with a disability, whenever an evaluation by an individualized education
program team or a section 504 team indicates that the child's disability affects the child's
social skills development or the child is vulnerable to prohibited conduct because of the
child's disability, the child's individualized education program or section 504 plan may
address the skills and proficiencies the child needs to not engage in and respond to such
conduct; and

(4) encourage violence prevention and character development education programs under
section 120B.232, subdivision 1.

(b) The commissioner shall develop and post departmental procedures for:

(1) periodically reviewing district and school programs and policies for compliance with
this section;

(2) investigating, reporting, and responding to noncompliance with this section, which
may include an annual review of plans to improve and provide a safe and supportive school
climate; and

(3) allowing students, parents, and educators to file a complaint about noncompliance
with the commissioner.

(c) The commissioner must post on the department's website information indicating that
when districts and schools allow non-curriculum-related student groups access to school
facilities, the district or school must give all student groups equal access to the school
facilities regardless of the content of the group members' speech.

new text begin (d) The commissioner must develop and maintain resources to assist a district or school
in implementing strategies for creating a positive school climate and using evidence-based
social-emotional learning to prevent and reduce discrimination and other improper conduct.
new text end

new text begin (e) The commissioner must develop and adopt state level standards for social, emotional,
and cognitive development.
new text end

Sec. 3.

Minnesota Statutes 2018, section 121A.47, subdivision 14, is amended to read:


Subd. 14.

Admission or readmission plan.

(a) A school administrator deleted text beginshalldeleted text endnew text begin mustnew text end prepare
and enforce an admission or readmission plan for any pupil who is excluded or expelled
from school. The plan deleted text beginmaydeleted text endnew text begin mustnew text end include measures to improve the pupil's behavior, deleted text beginincludingdeleted text endnew text begin
which may include
new text end completing a character education program, consistent with section
120B.232, subdivision 1, deleted text beginanddeleted text endnew text begin social and emotional learning, counseling, social work services,
mental health services, referrals for special education or 504 evaluation, and evidence-based
academic interventions. The plan must
new text end require parental involvement in the admission or
readmission process, and may indicate the consequences to the pupil of not improving the
pupil's behavior.

(b) The definition of suspension under section 121A.41, subdivision 10, does not apply
to a student's dismissal from school for new text beginless than new text endone school day deleted text beginor lessdeleted text end, except as provided
under federal law for a student with a disability. Each suspension action may include a
readmission plan. A readmission plan must provide, where appropriate, alternative education
services, which must not be used to extend the student's current suspension period. Consistent
with section 125A.091, subdivision 5, a readmission plan must not obligate a parent or
guardian to provide psychotropic drugs to their student as a condition of readmission. School
officials must not use the refusal of a parent or guardian to consent to the administration of
psychotropic drugs to their student or to consent to a psychiatric evaluation, screening or
examination of the student as a ground, by itself, to prohibit the student from attending class
or participating in a school-related activity, or as a basis of a charge of child abuse, child
neglect or medical or educational neglect.

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