HF 309

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2021 04:07pm

A bill for an act
relating to education; modifying classroom placement and school attendance
provisions; modifying the world's best workforce; modifying student discipline
policy requirements; codifying a teacher code of ethics in statute and repealing
code of ethics in rule; restricting contracts with school employees; amending
Minnesota Statutes 2020, sections 120A.36; 120A.38; 120B.11, subdivision 2;
121A.55; 122A.09, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 122A; repealing Minnesota Statutes 2020, section 122A.09,
subdivision 1; Minnesota Rules, part 8710.2100, subparts 1, 2.

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

Section 1.

Minnesota Statutes 2020, section 120A.36, is amended to read:

120A.36 SCHOOL ATTENDANCE.

new text begin (a) new text end Attendance at a particular public school is a privilege not a right for a pupil.

new text begin (b) Notwithstanding paragraph (a), parents have the right to choose a high-quality,
culturally affirming education for their children, regardless of their zoned public school.
new text end

Sec. 2.

Minnesota Statutes 2020, section 120A.38, is amended to read:

120A.38 CLASSROOM PLACEMENT; PARENT DISCRETION.

new text begin Subdivision 1. new text end

new text begin Twins; higher order multiples. new text end

(a) A parent or guardian of twins or
higher order multiples may request that the children be placed in the same classroom or in
separate classrooms if the children are in the same grade level at the same school. The school
may recommend classroom placement to the parents and provide professional education
advice to the parents to assist them in making the best decision for their children's education.
A school must provide the placement requested by the children's parent or guardian, unless
the school board makes a classroom placement determination following the school principal's
request according to this section. The parent or guardian must request the classroom
placement no later than 14 days after the first day of each school year or 14 days after the
first day of attendance of the children during a school year if the children are enrolled in
the school after the school year commences. At the end of the initial grading period, if the
school principal, in consultation with the children's classroom teacher, determines that the
requested classroom placement is disruptive to the school, the school principal may request
that the school board determine the children's classroom placement.

(b) For purposes of this section, "higher order multiples" means triplets, quadruplets,
quintuplets, or more.

new text begin Subd. 2. new text end

new text begin Change of teacher. new text end

new text begin A parent or guardian has the right to request a change of
teacher for their child in public school unless no other teacher is available.
new text end

Sec. 3.

Minnesota Statutes 2020, section 120B.11, subdivision 2, is amended to read:

Subd. 2.

Adopting plans and budgets.

A school board, at a public meeting, deleted text begin shall deleted text end new text begin must new text end
adopt a comprehensive, long-term strategic plan to support and improve teaching and
learning that is aligned with deleted text begin creating deleted text end the world's best workforce new text begin goals new text end and includes:

(1) clearly defined district and school site goals and benchmarks new text begin to meet statewide goals
new text end for instruction and student achievement for all student subgroups identified in section
120B.35, subdivision 3, paragraph (b), clause (2);

(2) a process to assess and evaluate each student's progress toward meeting state and
local academic standards, assess and identify students to participate in gifted and talented
programs and accelerate their instruction, and adopt early-admission procedures consistent
with section 120B.15, and identifying the strengths and weaknesses of instruction in pursuit
of student and school success and curriculum affecting students' progress and growth toward
career and college readiness and leading to the world's best workforce;

(3) a system to periodically review and evaluate the effectiveness of all instruction and
curriculum, taking into account strategies and best practices, student outcomes, school
principal evaluations under section 123B.147, subdivision 3, students' access to effective
teachers who are members of populations underrepresented among the licensed teachers in
the district or school and who reflect the diversity of enrolled students under section 120B.35,
subdivision 3, paragraph (b), clause (2), and teacher evaluations under section 122A.40,
subdivision 8, or 122A.41, subdivision 5;

(4) strategies for improving instruction, curriculum, and student achievement, including
the English and, where practicable, the native language development and the academic
achievement of English learners;

new text begin (5) strategies for identifying and reducing disparities in student discipline;
new text end

new text begin (6) strategies for integrating or improving character education, consistent with section
120B.232, and citizenship education;
new text end

deleted text begin (5) deleted text end new text begin (7) new text end a process to examine the equitable distribution of teachers and strategies to ensure
low-income and minority children are not taught at higher rates than other children by
inexperienced, ineffective, or out-of-field teachers;

deleted text begin (6) deleted text end new text begin (8) new text end education effectiveness practices that integrate high-quality instruction, rigorous
curriculum, technology, and a collaborative professional culture that develops and supports
teacher quality, performance, and effectiveness; and

deleted text begin (7) deleted text end new text begin (9) new text end an annual budget for continuing to implement the district plan.

Sec. 4.

Minnesota Statutes 2020, 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 students' 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 deleted text begin towards deleted text end new text begin toward new text end
meeting the graduation standards adopted under section 120B.02 and help prepare the pupil
for readmission. new text begin In addition to other requirements under this paragraph, a policy adopted
by a school board under this paragraph must include:
new text end

new text begin (1) a requirement that a school must notify any student facing possible dismissal of their
rights, including the right against self-incrimination;
new text end

new text begin (2) a requirement that a school must allow any student facing possible dismissal to have
a parent present if the student is questioned by school employees; and
new text end

new text begin (3) a requirement that a school and school district must keep a record of the school
employee who made each discipline referral.
new text end

(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 officers and crisis teams to remove students who have an
individualized education program from school grounds.

Sec. 5.

new text begin [122A.051] CODE OF ETHICS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Each teacher, upon entering the teaching profession, assumes a
number of obligations, one of which is to adhere to a set of principles that defines professional
conduct. These principles are reflected in the code of ethics, which sets forth to the education
profession and the public it serves standards of professional conduct. This code applies to
all persons licensed according to rules established by the Professional Educator Licensing
and Standards Board.
new text end

new text begin Subd. 2. new text end

new text begin Standards of professional conduct. new text end

new text begin (a) A teacher must provide professional
education services in a nondiscriminatory manner, including not discriminating on the basis
of political, ideological, or religious beliefs.
new text end

new text begin (b) A teacher must make a reasonable effort to protect students from conditions harmful
to health and safety.
new text end

new text begin (c) In accordance with state and federal laws, a teacher must disclose confidential
information about individuals only when a compelling professional purpose is served or
when required by law.
new text end

new text begin (d) A teacher must take reasonable disciplinary action in exercising the authority to
provide an atmosphere conducive to learning.
new text end

new text begin (e) A teacher must not use professional relationships with students, parents, and
colleagues to personal advantage.
new text end

new text begin (f) A teacher must delegate authority for teaching responsibilities only to licensed
personnel or as otherwise provided by law.
new text end

new text begin (g) A teacher must not deliberately suppress or distort subject matter.
new text end

new text begin (h) A teacher must not knowingly falsify or misrepresent records or facts relating to that
teacher's own qualifications or to other teachers' qualifications.
new text end

new text begin (i) A teacher must not knowingly make false or malicious statements about students or
colleagues.
new text end

new text begin (j) A teacher must only accept a contract for a teaching position that requires licensing
if properly or provisionally licensed for that position.
new text end

new text begin (k) A teacher must not engage in any sexual contact with a student.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2020, section 122A.09, subdivision 2, is amended to read:

Subd. 2.

Advise members of profession.

new text begin (a) new text end The Professional Educator Licensing and
Standards Board must act in an advisory capacity to members of the profession in matters
of interpretation of the code of ethics new text begin in section 122A.051 new text end .

new text begin (b) The board must develop a process for a school district to receive a written complaint
about a teacher under the code of ethics and forward the complaint to the board. A school
board must inform parents and guardians in the school district of their ability to submit a
complaint to the school board under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7. new text begin RESTRICTION ON CONTRACTS WITH SCHOOL EMPLOYEES.
new text end

new text begin Notwithstanding any law to the contrary, employment contracts and collective bargaining
agreements with school employees must not contain protections against discipline or
termination for school employees who engage in immoral, unethical, or illegal actions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to all contracts entered into on or after that date.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Rules, part 8710.2100, subparts 1 and 2, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2020, section 122A.09, subdivision 1, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-01351

122A.09 DUTIES.

Subdivision 1.

Code of ethics.

The Professional Educator Licensing and Standards Board must develop by rule a code of ethics covering standards of professional teaching practices, including areas of ethical conduct and professional performance and methods of enforcement.

Repealed Minnesota Rule: 21-01351

8710.2100 CODE OF ETHICS FOR MINNESOTA TEACHERS.

Subpart 1.

Scope.

Each teacher, upon entering the teaching profession, assumes a number of obligations, one of which is to adhere to a set of principles which defines professional conduct. These principles are reflected in the following code of ethics, which sets forth to the education profession and the public it serves standards of professional conduct and procedures for implementation.

This code shall apply to all persons licensed according to rules established by the Professional Educator Licensing and Standards Board.

Subp. 2.

Standards of professional conduct.

The standards of professional conduct are as follows:

A.

A teacher shall provide professional education services in a nondiscriminatory manner.

B.

A teacher shall make reasonable effort to protect the student from conditions harmful to health and safety.

C.

In accordance with state and federal laws, a teacher shall disclose confidential information about individuals only when a compelling professional purpose is served or when required by law.

D.

A teacher shall take reasonable disciplinary action in exercising the authority to provide an atmosphere conducive to learning.

E.

A teacher shall not use professional relationships with students, parents, and colleagues to private advantage.

F.

A teacher shall delegate authority for teaching responsibilities only to licensed personnel.

G.

A teacher shall not deliberately suppress or distort subject matter.

H.

A teacher shall not knowingly falsify or misrepresent records or facts relating to that teacher's own qualifications or to other teachers' qualifications.

I.

A teacher shall not knowingly make false or malicious statements about students or colleagues.

J.

A teacher shall accept a contract for a teaching position that requires licensing only if properly or provisionally licensed for that position.