Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


                         Laws of Minnesota 1987 

                        CHAPTER 295-S.F.No. 300 
           An act relating to education; establishing chemical 
          abuse pre-assessment teams and community advisory 
          teams; requiring teachers to report possession, use, 
          and transfer of chemical substances by students; 
          amending Minnesota Statutes 1986, sections 127.41, 
          subdivision 3; and 260.161, subdivision 3; proposing 
          coding for new law in Minnesota Statutes, chapter 126.
    Section 1.  [126.033] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 1 to 10. 
    Subd. 2.  [CONTROLLED SUBSTANCES.] "Controlled substances" 
means the term as defined in section 152.01, subdivision 4 and 
"marijuana" as defined in section 152.01, subdivision 9. 
    Subd. 3.  [CHEMICAL ABUSE.] "Chemical abuse" means use of 
any psychoactive or mood-altering chemical substance, without 
compelling medical reason, in a manner that induces mental, 
emotional, or physical impairment and causes socially 
dysfunctional or socially disordering behavior, to the extent 
that the minor's normal functioning in academic, school, or 
social activities is chronically impaired. 
    Subd. 4.  [CONTRABAND.] "Contraband" means property that is 
illegal to possess under state law. 
    Subd. 5.  [TEACHERS.] "Teachers" has the meaning given it 
in section 125.03, subdivision 1.  
    Sec. 2.  [126.034] [SCHOOL PRE-ASSESSMENT TEAMS.] 
    Every public school, and every nonpublic school that 
participates in a school district chemical abuse program shall 
establish a chemical abuse pre-assessment team.  The 
pre-assessment team must be composed of classroom teachers, 
administrators, and to the extent possible, school nurse, school 
counselor or psychologist, social worker, chemical abuse 
specialist, and other appropriate professional staff.  The 
superintendents or their designees shall designate the team 
members in the public schools.  The pre-assessment team is 
responsible for addressing reports of chemical abuse problems 
and making recommendations for appropriate responses to the 
individual reported cases.  
    The superintendent, with the advice of the school board, 
shall establish a school and community advisory team to address 
chemical abuse problems in the district.  The school and 
community advisory team must be composed of representatives from 
the school pre-assessment team established in section 2, to the 
extent possible, law enforcement agencies, county attorney's 
office, social service agencies, chemical abuse treatment 
programs, parents, and the business community.  The community 
advisory team shall: 
    (1) build awareness of the problem within the community, 
identify available treatment and counseling programs for 
students, and develop good working relationships and enhance 
communication between the schools and other community agencies; 
    (2) develop a written procedure clarifying the notification 
process to be used by the chemical abuse pre-assessment team 
established under section 2 when a student is believed to be in 
possession of or under the influence of alcohol or a controlled 
substance.  The procedure must include contact with the student, 
and the student's parents or guardian; and 
    (3) develop a written memorandum of understanding between 
school personnel and law enforcement agencies identifying when 
the school shall notify the local law enforcement agency that a 
violation of its drug and alcohol policy has occurred, and when 
the law enforcement agency shall notify the school chemical 
abuse pre-assessment team of incidents occurring off the school 
premises involving chemical abuse by students enrolled in that 
school pursuant to the possession or purchase of alcohol in 
violation of section 340A.503, subdivision 2 or 3, or in the 
case of controlled substances, a violation of section 152.09, 
subdivision 1.  
    Sec. 4.  [126.037] [REPORTING; CHEMICAL ABUSE.] 
    A teacher in a nonpublic school participating in a school 
district chemical use program, or a public school teacher, who 
knows or has reason to believe that a student is using, 
possessing, or transferring alcohol or a controlled substance 
while on the school premises or involved in school-related 
activities, shall immediately notify the school's chemical abuse 
pre-assessment team of this information. 
    Sec. 5.  Minnesota Statutes 1986, section 127.41, 
subdivision 3, is amended to read: 
    Subd. 3.  [POLICY COMPONENTS.] The policy shall include at 
least the following components:  
    (a) rules governing pupil conduct and procedures for 
informing pupils of the rules;  
    (b) the grounds for removal of a pupil from a class;  
    (c) the authority of the classroom teacher to remove pupils 
from the classroom pursuant to procedures and rules established 
in the district's policy;  
    (d) the procedures for removal of a pupil from a class by a 
teacher, school administrator, or other school district employee;
    (e) the period of time for which a pupil may be removed 
from a class, which may not exceed three class periods for a 
violation of a rule of conduct;  
    (f) provisions relating to the responsibility for and 
custody of a pupil removed from a class;  
    (g) the procedures for return of a pupil to the specified 
class from which the pupil has been removed;  
    (h) the procedures for notifying pupils and parents or 
guardians 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 pupil's behavior; 
    (j) any procedures determined appropriate for encouraging 
early detection of behavioral problems;  
    (k) any procedures determined appropriate for referring 
pupils 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 individual education plan 
of a handicapped pupil who is removed from class; and 
    (m) procedures for detecting and addressing chemical abuse 
problems of pupils while on the school premises.  
    Sec. 6.  Minnesota Statutes 1986, section 260.161, 
subdivision 3, is amended to read: 
    Subd. 3.  Peace officers' records of children shall be kept 
separate from records of persons 18 years of age or older and 
shall not be open to public inspection or their contents 
disclosed to the public except by order of the juvenile court or 
except as required by a written memorandum of understanding 
adopted under section 3.  No photographs of a child taken into 
custody for any purpose may be taken without the consent of the 
juvenile court.  Any person violating any of the provisions of 
this subdivision shall be guilty of a misdemeanor. 
    Approved May 28, 1987

Official Publication of the State of Minnesota
Revisor of Statutes