SF 1861

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 09:43am

A bill for an act
relating to education; affecting student inclusion and engagement; making
nonexclusionary policies and practices a central focus of pupil discipline;
appropriating money; amending Minnesota Statutes 2016, sections 121A.41, by
adding subdivisions; 121A.46, by adding a subdivision; 121A.47, by adding a
subdivision; 122A.60, subdivision 1a.

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

Section 1.

Minnesota Statutes 2016, section 121A.41, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Positive behavior interventions and supports. new text end

new text begin "Positive behavior
interventions and supports" has the meaning given in section 125A.0941, paragraph (d),
and is consistent with section 125A.0942, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2016, section 121A.41, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Nonexclusionary disciplinary policies and practices; alternatives to pupil
removal and dismissal. new text end

new text begin "Nonexclusionary disciplinary policies and practices" means those
policies and practices that are alternatives to removing a pupil from class or dismissing a
pupil from school, including positive behavior interventions and supports and alternative
education services, which require school officials to intervene in, redirect, and support a
pupil's behavior before removing a pupil from class or beginning dismissal proceedings.
Nonexclusionary disciplinary policies and practices include those policies and practices
under sections 121A.575, clause (1) or (2); 121A.031, subdivision 4, paragraph (a), clause
(1); 121A.61, subdivision 3, paragraph (q); 125A.0941; and 125A.0942, subdivision 6,
among other such related policies and practices.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2016, section 121A.46, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Nonexclusionary disciplinary policies and practices. new text end

new text begin (a) To the extent
practicable, school officials must use nonexclusionary practices, including positive behavior
interventions and supports, and attempt to provide alternative interventions and strategies
under section 121A.575, clause (1) or (2), among other interventions and strategies, before
suspending a pupil.
new text end

new text begin (b) A school superintendent must work annually with school administrators, consistent
with sections 122A.60 and 122A.61, to provide district educators with professional
development opportunities to acquire the knowledge and skills to use nonexclusionary
disciplinary policies and practices under section 121A.41, subdivision 13, and to use more
serious forms of discipline involving dismissal only if the pupil's conduct endangers the
pupil, other pupils, or surrounding persons, including school district employees.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 4.

Minnesota Statutes 2016, section 121A.47, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Nonexclusionary practices required first. new text end

new text begin A school superintendent must
work annually with school administrators, consistent with sections 122A.60 and 122A.61
to: provide district educators with professional development opportunities to understand
the significance, severity, and short- and long-term consequences of excluding and expelling
pupils, including the impact on pupils' learning and career and college opportunities; initially
use nonexclusionary disciplinary policies and practices under section 121A.41, subdivision
13, including positive behavior interventions and supports; and use more serious forms of
discipline, including exclusion and expulsion, only if the pupil's conduct endangers the
pupil, other pupils, or surrounding persons, including school district employees.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 5.

Minnesota Statutes 2016, section 122A.60, subdivision 1a, is amended to read:

Subd. 1a.

Effective staff development activities.

(a) Staff development activities must:

(1) focus on the school classroom and new text begin nonexclusionary policies and practices to keep
students in the classroom and in school and on new text end research-based strategies that improve student
learning;

(2) provide opportunities for teachers to practice and improve their instructional skills
over time;

(3) provide opportunities for teachers to use student data as part of their daily work to
increase student achievement;

(4) enhance teacher content knowledge and instructional skills, including to accommodate
the delivery of digital and blended learning and curriculum and engage students with
technology;

(5) align with state and local academic standards;

(6) provide opportunities to build professional relationships, foster collaboration among
principals and staff who provide instruction, and provide opportunities for teacher-to-teacher
mentoring;

(7) align with the plan of the district or site for an alternative teacher professional pay
system;

(8) provide teachers of English learners, including English as a second language and
content teachers, with differentiated instructional strategies critical for ensuring students'
long-term academic success; the means to effectively use assessment data on the academic
literacy, oral academic language, and English language development of English learners;
and skills to support native and English language development across the curriculum; deleted text begin and
deleted text end

(9) provide opportunities for staff to learn about current workforce trends, the connections
between workforce trends and postsecondary education, and training options, including
career and technical education options deleted text begin . deleted text end new text begin ; and
new text end

new text begin (10) provide opportunities for teachers to understand the significance, severity, and
short- and long-term consequences of removing, excluding, and expelling pupils, including
the impact on pupils' learning and career and college opportunities.
new text end

Staff development activities may include curriculum development and curriculum training
programs, and activities that provide teachers and other members of site-based teams training
to enhance team performance. The school district also may implement other staff
development activities required by law and activities associated with professional teacher
compensation models.

(b) Release time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's knowledge and
instructional skills, such as preparing report cards, calculating grades, or organizing classroom
materials, may not be counted as staff development time that is financed with staff
development reserved revenue under section 122A.61.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 6. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

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

new text begin Subd. 2. new text end

new text begin Staff development activities. new text end

new text begin For schools to provide staff development and
training opportunities related to nonexclusionary policies and practices under Minnesota
Statutes, section 122A.60, subdivision 1a:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2018 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2019 new text end

new text begin Any appropriation in the first year does not cancel but is available in the second year.
new text end