HF 905

as introduced - 90th Legislature (2017 - 2018) Posted on 02/09/2017 01:32pm

A bill for an act
relating to education; modifying school disciplinary actions; amending Minnesota
Statutes 2016, sections 121A.45, subdivision 2, by adding a subdivision; 121A.61,
subdivision 2.

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

Section 1.

Minnesota Statutes 2016, section 121A.45, subdivision 2, is amended to read:

Subd. 2.

Grounds for dismissal.

A pupil may be dismissed on any of the following
grounds:

(a) willful violation of any reasonable school board regulation policy. Such regulation
policy must be clear and definite to provide notice to pupils that they must conform their
conduct to its requirements;

(b) 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

(c) willful conduct that endangers the pupil or other pupils, or surrounding persons,
including school district employees, or property of the school.

EFFECTIVE DATE.

This section applies to dismissals commenced on or after August
1, 2017.

Sec. 2.

Minnesota Statutes 2016, section 121A.45, is amended by adding a subdivision to
read:

Subd. 4.

Suspension of elementary school pupils.

Before beginning the suspension
procedures required under section 121A.46 for a pupil in kindergarten through grade 5, the
school administration must consider whether a suspension pursuant to subdivision 2 of this
section is consistent with school district policies that emphasize preventing dismissal through
early detection of problems and that are designed to prevent students' inappropriate behavior
from recurring.

EFFECTIVE DATE.

This section applies to suspensions commenced on or after August
1, 2017.

Sec. 3.

Minnesota Statutes 2016, section 121A.61, subdivision 2, is amended to read:

Subd. 2.

Grounds for removal from class.

The policy must establish the various grounds
for which a student may 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 student's parent or guardian to discuss the problem that is causing the
student to be removed from class after the student has been removed from class more than
ten times 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
students in a class or with the ability of other students to learn;

(b) willful conduct that endangers surrounding persons, including school district
employees, the student or other students, or the property of the school; and

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

EFFECTIVE DATE.

This section applies to removals commenced on or after August
1, 2017.