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Minnesota Legislature

Office of the Revisor of Statutes

SF 1001

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 08/31/2015 01:41pm

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; modifying certain student discipline provisions;amending
Minnesota Statutes 2014, sections 121A.46, by adding a subdivision; 121A.53;
121A.55; 121A.575; 121A.61, subdivision 3; 121A.67, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 121A.46, is amended by adding a
subdivision to read:


new text begin Subd. 5. new text end

new text begin Suspensions, exclusions, and expulsions prohibited for young children.
new text end

new text begin School administrators shall not suspend, exclude, or expel pupils in prekindergarten
through grade 3 but may use alternatives to pupil suspension under section 121A.575,
except where it appears to the school administrator that the pupil will create an immediate
and substantial danger to self or surrounding persons or property.
new text end

Sec. 2.

Minnesota Statutes 2014, section 121A.53, is amended to read:


121A.53 REPORT TO COMMISSIONER OF EDUCATION.

Subdivision 1.

Exclusions and expulsions.

The school board must report through
the department electronic reporting system each exclusion deleted text beginordeleted text endnew text begin,new text end expulsionnew text begin, and verbal or
written agreement of parents to withdraw a child from school as an alternative to expulsion
new text end
within 30 days of the effective date of the action to the commissioner of education. This
report must include a statement of alternative educational services given the pupil and the
reason for, the effective date, and the duration of the exclusion or expulsion. The report
must also include the student's age, grade, gender, race, and special education status.

Subd. 2.

Report.

The school board must include state student identification
numbers of affected pupils on all dismissal reports required by the department. The
department must report annually to the commissioner summary data on the number of
dismissals by age, grade, gender, race, and special education status of the affected pupils.
All dismissal reports must be submitted through the department electronic reporting
system.new text begin The school board must also provide this summary data at the school level on
the district Web site, except when doing so would unreasonably risk exposing student's
personal identifiable information.
new text end

Sec. 3.

Minnesota Statutes 2014, 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 deleted text beginand shalldeleted text endnew text begin;
avoid using suspension and expulsion from school until alternatives have been tried under
section 121A.575, except where it appears to the school administrator that the pupil will
create an immediate and substantial danger to self or surrounding persons or property;
new text end be
designed to deleted text beginaddressdeleted text endnew text begin preventnew text end students' inappropriate behavior from recurringnew text begin; and include
strategies to reengage the student in learning
new text end. The policies shall recognize the continuing
responsibility of the school for the education of the pupil during the dismissal periodnew text begin and
during the period when an agreement of parents to withdraw a child from school as an
alternative to expulsion is in effect
new text end. The alternative educational servicesdeleted text begin, if the pupil
wishes to take advantage of them,
deleted text end must be adequate to allow the pupil to make progress
towards meeting the graduation standards adopted under section 120B.02 and help prepare
the pupil for readmission.

(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. 4.

Minnesota Statutes 2014, section 121A.575, is amended to read:


121A.575 ALTERNATIVES TO PUPIL SUSPENSION.

Notwithstanding any law to the contrary and in accordance with sections 121A.40
to 121A.56, after a school administration notifies a pupil of the grounds for suspension,
the school administration may, instead of imposing the suspension, do one or more of
the following:

(1) strongly encourage a parent or guardian of the pupil to attend school with the
pupil for one day;

(2) assign the pupil to attend school on Saturday as supervised by the principal
or the principal's designee; deleted text beginand
deleted text end

(3) petition the juvenile court that the student is in need of services under chapter
260Cnew text begin;
new text end

new text begin (4) implement an alternate restorative consequence such as restitution, community
service, or circle of support;
new text end

new text begin (5) impose an in-school suspension;
new text end

new text begin (6) develop a positive behavior intervention plan based on a functional behavioral
assessment; or
new text end

new text begin (7) coordinate crisis services to the extent funds are available with the county board
responsible for implementing sections 245.487 to 245.4889 for students whose behavior
may be addressed by crisis intervention
new text end.

Sec. 5.

Minnesota Statutes 2014, section 121A.61, subdivision 3, is amended to read:


Subd. 3.

Policy components.

The policy must include at least the following
components:

(a) rules governing student conduct and procedures for informing students of the
rules;

(b) the grounds for removal of a student from a class;

(c) the authority of the classroom teacher to remove students from the classroom
pursuant to procedures and rules established in the district's policy;

(d) the procedures for removal of a student from a class by a teacher, school
administrator, or other school district employee;

(e) the period of time for which a student may be removed from a class, which may
not exceed five class periods for a violation of a rule of conduct;

(f) provisions relating to the responsibility for and custody of a student removed
from a class;

(g) the procedures for return of a student to the specified class from which the
student has been removed;

(h) the procedures for notifying a student and the student's parents or guardian of
violations of the rules of conduct and of resulting disciplinary actions;

(i) any procedures determined appropriate for encouraging early involvement of
parents or guardians in attempts to improve a student's behavior;

(j) any procedures determined appropriate for encouraging early detection of
behavioral problems;

(k) any procedures determined appropriate for referring a student in need of special
education services to those services;

(1) the procedures for consideration of whether there is a need for a further
assessment or of whether there is a need for a review of the adequacy of a current
individualized education program of a student with a disability who is removed from class;

(m) procedures for detecting and addressing chemical abuse problems of a student
while on the school premises;

(n) the minimum consequences for violations of the code of conduct;

(o) procedures for immediate and appropriate interventions tied to violations of
the code;

(p) a provision that states that a teacher, school employee, school bus driver, or
other agent of a district may use reasonable force in compliance with section 121A.582
and other laws; and

(q) an agreement regarding procedures to coordinate crisis servicesnew text begin, including the
use of mobile crisis response teams,
new text end to the extent funds are available with the county board
responsible for implementing sections 245.487 to 245.4889 for students deleted text beginwith a serious
emotional disturbance or other students who have an individualized education program
deleted text end
whose behavior may be addressed by crisis intervention.

Sec. 6.

Minnesota Statutes 2014, section 121A.67, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Notification of parents. new text end

new text begin A school administrator must make reasonable
efforts to immediately contact the parent of any student who is removed from a school
building, or school grounds by a peace officer, unless otherwise prohibited by law.
new text end