1998 Minnesota Statutes

CHAPTER 121A. Student rights, responsibilities, and behavior

     121A.01 Definitions. 

    For purposes of this chapter, the words defined in section 
 120A.05 have the same meaning. 

    HIST: Ex1959 c 71 art 7 s 1; 1998 c 397 art 9 s 26; art 11 s 3 

     121A.03 Model policy. 

    Subdivision 1.    Model policy.  The commissioner shall 
 maintain and make available to school boards a model sexual, 
 religious, and racial harassment and violence policy.  The model 
 policy shall address the requirements of subdivision 2.  

    Subd. 2.   Sexual, religious, and racial harassment and 
 violence policy.  A school board must adopt a written sexual, 
 religious, and racial harassment and sexual, religious, and 
 racial violence policy that conforms with sections 363.01 to 
 363.15.  The policy shall apply to pupils, teachers, 
 administrators, and other school personnel, include reporting 
 procedures, and set forth disciplinary actions that will be 
 taken for violation of the policy.  Disciplinary actions must 
 conform with collective bargaining agreements and sections 
 121A.41 to 121A.56.  The policy must be conspicuously posted 
 throughout each school building, given to each district employee 
 and independent contractor at the time of entering into the 
 person's employment contract, and included in each school's 
 student handbook on school policies.  Each school must develop a 
 process for discussing the school's sexual, religious, and 
 racial harassment and violence policy with students and school 
 employees.  

    Subd. 3.    Submission to commissioner.  Each school 
 board must submit to the commissioner a copy of the sexual, 
 religious, and racial harassment and sexual, religious, and 
 racial violence policy the board has adopted.  

    HIST: 1989 c 329 art 8 s 7,8; 1990 c 426 art 1 s 17; 1992 c 
 499 art 8 s 17; 1992 c 571 art 10 s 7; 1993 c 224 art 9 s 37,38; 
 1994 c 647 art 8 s 25; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 9 
 s 21,22,26; art 11 s 3 

     121A.04 Athletic programs; sex discrimination. 

    Subdivision 1.    Purpose.  The legislature recognizes 
 certain past inequities in access to athletic programs and in 
 the various degrees of athletic opportunity previously afforded 
 members of each sex.  The purpose of this section is to provide 
 an equal opportunity for members of both sexes to participate in 
 athletic programs.  

    Subd. 2.    Equal opportunity in athletic programs.  
 Each educational institution or public service shall provide 
 equal opportunity for members of both sexes to participate in 
 its athletic program.  In determining whether equal opportunity 
 to participate in athletic programs is available for the 
 purposes of this section, at least the following factors shall 
 be considered to the extent that they are applicable to a given 
 situation:  whether the opportunity for males and females to 
 participate in the athletic program reflects the demonstrated 
 interest in athletics of the males and females in the student 
 body of the educational institution or the population served by 
 the public service; whether the variety and selection of sports 
 and levels of competition effectively accommodate the 
 demonstrated interests of members of both sexes; the provision 
 of equipment and supplies; scheduling of games and practice 
 times; assignment of coaches; provision of locker rooms; 
 practice and competitive facilities; and the provision of 
 necessary funds for teams of one sex.  

    Subd. 3.    Exceptions.  (a) Notwithstanding any other 
 state law to the contrary, in athletic programs operated by 
 educational institutions or public services and designed for 
 participants 12 years old or older or in the 7th grade or above, 
 it is not an unfair discriminatory practice to restrict 
 membership on an athletic team to participants of one sex whose 
 overall athletic opportunities have previously been limited. 

    (b) When an educational institution or a public service 
 provides athletic teams for children 11 years old or younger or 
 in the 6th grade or below, those teams shall be operated without 
 restrictions on the basis of sex, except that when overall 
 athletic opportunities for one sex have previously been limited 
 and there is a demonstrated interest by members of that sex to 
 participate on a team restricted to members of that sex, the 
 educational institution or public service may provide a team 
 restricted to members of that sex. 

    (c) When two teams in the same sport are in fact separated 
 or substantially separated according to sex, the two teams shall 
 be provided with substantially equal budgets per participant, 
 exclusive of gate receipts and other revenues generated by that 
 sport, and in all other respects shall be treated in a 
 substantially equal manner.  However, nothing in this section 
 shall be construed to require the two teams to conduct combined 
 practice sessions or any other combined activities related to 
 athletics. 

    (d) If two teams are provided in the same sport, one of 
 these teams may be restricted to members of a sex whose overall 
 athletic opportunities have previously been limited, and members 
 of either sex shall be permitted to try out for the other team. 

    (e) Notwithstanding the provisions of paragraphs (a), (b), 
 and (d), any wrestling team may be restricted to members of one 
 sex whether or not the overall athletic opportunities of that 
 sex have previously been limited, provided that programs or 
 events are provided for each sex to the extent the educational 
 institution or public service determines that these programs or 
 events are necessary to accommodate the demonstrated interest of 
 each sex to participate in wrestling. 

    Subd. 4.    Provision of separate teams.  When an equal 
 opportunity to participate in the elementary or secondary school 
 level athletic program of an educational institution or public 
 service is not provided to members of a sex whose overall 
 athletic opportunities have previously been limited, that 
 educational institution or public service shall, where there is 
 demonstrated interest, provide separate teams for members of the 
 excluded sex in sports which it determines will provide members 
 of that excluded sex with an equal opportunity to participate in 
 its athletic program and which will attempt to accommodate their 
 demonstrated interests.  

    Subd. 5.    Rules.  The state board of education, after 
 consultation with the commissioner of human rights must 
 promulgate rules in accordance with chapter 14 to implement this 
 section to prevent discrimination in elementary and secondary 
 school athletic programs operated by educational institutions.  
 The rules promulgated by the state board pursuant to this 
 section shall not require athletic competition or tournaments 
 for teams whose membership may be restricted to members of a sex 
 whose overall athletic opportunities have previously been 
 limited to be scheduled in conjunction with the scheduling of 
 athletic competition or tournaments for teams whose membership 
 is not so restricted by this section.  Any organization, 
 association or league entered into by elementary or secondary 
 schools or public services for the purpose of promoting sports 
 or adopting rules and regulations for the conduct of athletic 
 contests between members shall provide rules and regulations and 
 conduct its activities so as to permit its members to comply 
 fully with this section.  The rules of that organization, 
 association or league may provide separate seasons for athletic 
 competition or tournaments in a sport for teams whose membership 
 may be restricted to members of a sex whose overall athletic 
 opportunities have previously been limited from athletic 
 competition or tournaments established for teams in that same 
 sport whose membership is not so restricted by this section, and 
 its rules may prohibit a participating student from competing on 
 more than one school team in a given sport during a single 
 school year.  

    HIST: 1975 c 338 s 1; 1980 c 355 s 1; 1981 c 339 s 1; 1982 c 
 424 s 130; 1998 c 397 art 9 s 8,9,26 

     121A.05 Policy to refer firearms possessor. 

    A school board must have a policy requiring the appropriate 
 school official to, as soon as practicable, refer to the 
 criminal justice or juvenile delinquency system, as appropriate, 
 a pupil who brings a firearm to school unlawfully. 

    HIST: 1995 c 226 art 3 s 12; 1998 c 397 art 9 s 24,26 

     121A.06 Reports of dangerous weapon incidents in school 
  zones. 

    Subdivision 1.    Definitions.  As used in this section: 

    (1) "dangerous weapon" has the meaning given it in section 
 609.02, subdivision 6; 

    (2) "school" has the meaning given it in section 120A.22, 
 subdivision 4; and 

    (3) "school zone" has the meaning given it in section 
 152.01, subdivision 14a, clauses (1) and (3). 

    Subd. 2.    Reports; content.  By January 1, 1994, the 
 commissioner, in consultation with the criminal and juvenile 
 information policy group, shall develop a standardized form to 
 be used by schools to report incidents involving the use or 
 possession of a dangerous weapon in school zones.  The form 
 shall include the following information: 

    (1) a description of each incident, including a description 
 of the dangerous weapon involved in the incident; 

    (2) where, at what time, and under what circumstances the 
 incident occurred; 

    (3) information about the offender, other than the 
 offender's name, including the offender's age; whether the 
 offender was a student and, if so, where the offender attended 
 school; and whether the offender was under school expulsion or 
 suspension at the time of the incident; 

    (4) information about the victim other than the victim's 
 name, if any, including the victim's age; whether the victim was 
 a student and, if so, where the victim attended school; and if 
 the victim was not a student, whether the victim was employed at 
 the school; 

    (5) the cost of the incident to the school and to the 
 victim; and 

    (6) the action taken by the school administration to 
 respond to the incident. 

    The commissioner also shall develop an alternative 
 reporting format that allows school districts to provide 
 aggregate data, with an option to use computer technology to 
 report the data. 

    Subd. 3.    Reports; filing requirements.  By February 1 
 and July 1 of each year, each school shall report incidents 
 involving the use or possession of a dangerous weapon in school 
 zones to the commissioner.  The reports must be made on the 
 standardized forms or using the alternative format developed by 
 the commissioner under subdivision 2.  The commissioner shall 
 compile the information it receives from the schools and report 
 it annually to the commissioner of public safety, the criminal 
 and juvenile information policy group, and the legislature. 

    HIST: 1993 c 326 art 1 s 1; 1Sp1995 c 3 art 9 s 7,8; art 16 s 
 13; 1998 c 397 art 9 s 1,2,26; art 11 s 3 

     121A.10 Moment of silence. 

    A moment of silence may be observed. 

    HIST: 1996 c 412 art 9 s 10; 1998 c 397 art 9 s 26 

     121A.11 United States flag. 

    Subdivision 1.    Displayed by schools.  Every public 
 school in Minnesota must display an appropriate United States 
 flag when in session.  The flag shall be displayed upon the 
 school grounds or outside the school building, on a proper 
 staff, on every legal holiday occurring during the school term 
 and at such other times as the board of the district may 
 direct.  The flag must be displayed within the principal rooms 
 of the school building at all other times while school is in 
 session. 

    Subd. 2.    School boards to provide flags and staffs.  
 The board must provide the flag for each of the school buildings 
 in their districts, together with a suitable staff to display 
 the flag outside of the school building and proper arrangement 
 to display the flag in the building, and a suitable receptacle 
 for the safekeeping of the flag when not in use.  

    HIST: Ex1959 c 71 art 7 s 14; 1998 c 397 art 9 s 4,26 

     121A.15 Health standards; immunizations; school children.

    Subdivision 1.  Except as provided in subdivisions 3, 4, 
 and 10, no person over two months old may be allowed to enroll 
 or remain enrolled in any elementary or secondary school or 
 child care facility in this state until the person has submitted 
 to the administrator or other person having general control and 
 supervision of the school or child care facility, one of the 
 following statements: 

    (1) a statement from a physician or a public clinic which 
 provides immunizations stating that the person has received 
 immunization, consistent with medically acceptable standards, 
 against measles after having attained the age of 12 months, 
 rubella, diphtheria, tetanus, pertussis, polio, mumps, 
 haemophilus influenza type b, and hepatitis B; or 

    (2) a statement from a physician or a public clinic which 
 provides immunizations stating that the person has received 
 immunizations, consistent with medically acceptable standards, 
 against measles after having attained the age of 12 months, 
 rubella, mumps, and haemophilus influenza type b and that the 
 person has commenced a schedule of immunizations for diphtheria, 
 tetanus, pertussis, polio, and hepatitis B and which indicates 
 the month and year of each immunization received.  

    Subd. 2.    Schedule of immunizations.  No person who 
 has commenced a treatment schedule of immunization pursuant to 
 subdivision 1, clause (2), may remain enrolled in any child care 
 facility, elementary, or secondary school in this state after 18 
 months of enrollment unless there is submitted to the 
 administrator, or other person having general control and 
 supervision of the school or child care facility, a statement 
 from a physician or a public clinic which provides immunizations 
 that the person has completed the primary schedule of 
 immunizations for diphtheria, tetanus, pertussis, polio, and 
 hepatitis B.  The statement must include the month and year of 
 each additional immunization received.  For a child less than 
 seven years of age, a primary schedule of immunizations shall 
 consist of four doses of vaccine for diphtheria, tetanus, and 
 pertussis and three doses of vaccine for poliomyelitis and 
 hepatitis B.  For a child seven years of age or older, a primary 
 schedule of immunizations shall consist of three doses of 
 vaccine for diphtheria, tetanus, polio, and hepatitis B. 

    Subd. 3.    Exemptions from immunizations.  (a) If a 
 person is at least seven years old and has not been immunized 
 against pertussis, the person must not be required to be 
 immunized against pertussis. 

    (b) If a person is at least 18 years old and has not 
 completed a series of immunizations against poliomyelitis, the 
 person must not be required to be immunized against 
 poliomyelitis.  

    (c) If a statement, signed by a physician, is submitted to 
 the administrator or other person having general control and 
 supervision of the school or child care facility stating that an 
 immunization is contraindicated for medical reasons or that 
 laboratory confirmation of the presence of adequate immunity 
 exists, the immunization specified in the statement need not be 
 required.  

    (d) If a notarized statement signed by the minor child's 
 parent or guardian or by the emancipated person is submitted to 
 the administrator or other person having general control and 
 supervision of the school or child care facility stating that 
 the person has not been immunized as prescribed in subdivision 1 
 because of the conscientiously held beliefs of the parent or 
 guardian of the minor child or of the emancipated person, the 
 immunizations specified in the statement shall not be required.  
 This statement must also be forwarded to the commissioner of the 
 department of health.  

    (e) If the person is under 15 months, the person is not 
 required to be immunized against measles, rubella, or mumps. 

    (f) If a person is at least five years old and has not been 
 immunized against haemophilus influenza type b, the person is 
 not required to be immunized against haemophilus influenza type 
 b. 

    Subd. 4.    Substitute immunization statement.  (a) A 
 person who is enrolling or enrolled in an elementary or 
 secondary school or child care facility may substitute a 
 statement from the emancipated person or a parent or guardian if 
 the person is a minor child in lieu of the statement from a 
 physician or public clinic which provides immunizations.  If the 
 statement is from a parent or guardian or emancipated person, 
 the statement must indicate the month and year of each 
 immunization given. 

    (b) In order for the statement to be acceptable for a 
 person who is enrolling in an elementary school and who is six 
 years of age or younger, it must indicate that the following was 
 given:  no less than one dose of vaccine each for measles, 
 mumps, and rubella given separately or in combination; no less 
 than four doses of vaccine for poliomyelitis, unless the third 
 dose was given after the fourth birthday, then three doses are 
 minimum; no less than five doses of vaccine for diphtheria, 
 tetanus, and pertussis, unless the fourth dose was given after 
 the fourth birthday, then four doses are minimum; and no less 
 than three doses of vaccine for hepatitis B.  

    (c) In order for the statement to be consistent with 
 subdivision 10 and acceptable for a person who is enrolling in 
 an elementary or secondary school and is age seven through age 
 19, the statement must indicate that the person has received no 
 less than one dose of vaccine each for measles, mumps, and 
 rubella given separately or in combination, and no less than 
 three doses of vaccine for poliomyelitis, diphtheria, tetanus, 
 and hepatitis B.  

    (d) In order for the statement to be acceptable for a 
 person who is enrolling in a secondary school, and who was born 
 after 1956 and is 20 years of age or older, the statement must 
 indicate that the person has received no less than one dose of 
 vaccine each for measles, mumps, and rubella given separately or 
 in combination, and no less than one dose of vaccine for 
 diphtheria and tetanus within the preceding ten years. 

    (e) In order for the statement to be acceptable for a 
 person who is enrolling in a child care facility and who is at 
 least 15 months old but who has not reached five years of age, 
 it must indicate that the following were given:  no less than 
 one dose of vaccine each for measles, mumps, and rubella given 
 separately or in combination; no less than one dose of vaccine 
 for haemophilus influenza type b; no less than four doses of 
 vaccine for diphtheria, tetanus, and pertussis; and no less than 
 three doses of vaccine for poliomyelitis. 

    (f) In order for the statement to be acceptable for a 
 person who is enrolling in a child care facility and who is five 
 or six years of age, it must indicate that the following was 
 given:  no less than one dose of vaccine each for measles, 
 mumps, and rubella given separately or in combination; no less 
 than four doses of vaccine for diphtheria, tetanus, and 
 pertussis; and no less than three doses of vaccine for 
 poliomyelitis. 

    (g) In order for the statement to be acceptable for a 
 person who is enrolling in a child care facility and who is 
 seven years of age or older, the statement must indicate that 
 the person has received no less than one dose of vaccine each 
 for measles, mumps, and rubella given separately or in 
 combination and consistent with subdivision 10, and no less than 
 three doses of vaccine for poliomyelitis, diphtheria, and 
 tetanus.  

    (h) The commissioner of health, on finding that any of the 
 above requirements are not necessary to protect the public's 
 health, may suspend for one year that requirement.  

    Subd. 5.    Transfer of immunization statements.  If a 
 person transfers from one elementary or secondary school to 
 another, the school board of a public school district or the 
 administrator of a nonpublic school may allow the person up to a 
 maximum of 30 days to submit one or more of the statements as 
 specified in subdivision 1 or 3, during which time the person 
 may enroll in and attend the school.  If a person enrolls in a 
 child care facility in which at least 75 percent of children in 
 the facility participate on a one-time only or occasional basis 
 to a maximum of 45 hours per child, per month, or is placed in a 
 facility by a crisis nursery, the person shall be exempt from 
 all requirements of this section for up to five consecutive 
 days, starting from the first day of attendance. 

    Subd. 6.    Suspension of immunization requirement.  The 
 commissioner of health, on finding that an immunization required 
 pursuant to this section is not necessary to protect the 
 public's health, may suspend for one year the requirement that 
 children receive that immunization. 

    Subd. 7.    File on immunization records.  Each school 
 or child care facility shall maintain on file immunization 
 records for all persons in attendance that contain the 
 information required by subdivisions 1, 2, and 3.  The school 
 shall maintain the records for at least five years after the 
 person attains the age of majority.  The department of health 
 and the board of health, as defined in section 145A.02, 
 subdivision 2, in whose jurisdiction the school or child care 
 facility is located, shall have access to the files maintained 
 pursuant to this subdivision.  When a person transfers to 
 another elementary or secondary school or child care facility, 
 the administrator or other person having general control and 
 supervision of the school or child care facility shall assist 
 the person's parent or guardian in the transfer of the 
 immunization file to the person's new school or child care 
 facility within 30 days of the transfer.  Upon the request of a 
 public or private post-secondary educational institution, as 
 defined in section 135A.14, the administrator or other person 
 having general control or supervision of a school shall assist 
 in the transfer of a student's immunization file to the 
 post-secondary institution. 

    Subd. 8.    Report.  The administrator or other person 
 having general control and supervision of the elementary or 
 secondary school shall file a report with the commissioner on 
 all persons enrolled in the school.  The superintendent of each 
 district shall file a report with the commissioner for all 
 persons within the district receiving instruction in a home 
 school in compliance with sections 120A.22 and 120A.24.  The 
 parent of persons receiving instruction in a home school shall 
 submit the statements as required by subdivisions 1, 2, 3, and 4 
 to the superintendent of the district in which the person 
 resides by October 1 of each school year.  The school report 
 must be prepared on forms developed jointly by the commissioner 
 of health and the commissioner of children, families, and 
 learning and be distributed to the local districts by the 
 commissioner of health.  The school report must state the number 
 of persons attending the school, the number of persons who have 
 not been immunized according to subdivision 1 or 2, and the 
 number of persons who received an exemption under subdivision 3, 
 clause (c) or (d).  The school report must be filed with the 
 commissioner of children, families, and learning within 60 days 
 of the commencement of each new school term.  Upon request, a 
 district must be given a 60-day extension for filing the school 
 report.  The commissioner of children, families, and learning 
 shall forward the report, or a copy thereof, to the commissioner 
 of health who shall provide summary reports to boards of health 
 as defined in section 145A.02, subdivision 2.  The administrator 
 or other person having general control and supervision of the 
 child care facility shall file a report with the commissioner of 
 human services on all persons enrolled in the child care 
 facility.  The child care facility report must be prepared on 
 forms developed jointly by the commissioner of health and the 
 commissioner of human services and be distributed to child care 
 facilities by the commissioner of health.  The child care 
 facility report must state the number of persons enrolled in the 
 facility, the number of persons with no immunizations, the 
 number of persons who received an exemption under subdivision 3, 
 clause (c) or (d), and the number of persons with partial or 
 full immunization histories.  The child care facility report 
 must be filed with the commissioner of human services by 
 November 1 of each year.  The commissioner of human services 
 shall forward the report, or a copy thereof, to the commissioner 
 of health who shall provide summary reports to boards of health 
 as defined in section 145A.02, subdivision 2.  The report 
 required by this subdivision is not required of a family child 
 care or group family child care facility, for prekindergarten 
 children enrolled in any elementary or secondary school provided 
 services according to sections 125A.05 and 125A.06, nor for 
 child care facilities in which at least 75 percent of children 
 in the facility participate on a one-time only or occasional 
 basis to a maximum of 45 hours per child, per month.  

    Subd. 9.    Definitions.  As used in this section the 
 following terms have the meanings given them. 

    (a) "Elementary or secondary school" includes any public 
 school as defined in section 120A.05, subdivisions 9, 11, 13, 
 and 17, or nonpublic school, church, or religious organization, 
 or home school in which a child is provided instruction in 
 compliance with sections 120A.22 and 120A.24. 

    (b) "Person enrolled in any elementary or secondary school" 
 means a person born after 1956 and enrolled in grades 
 kindergarten through 12, and a child with a disability receiving 
 special instruction and services as required in sections 125A.03 
 to 125A.24 and 125A.65, excluding a child being provided 
 services according to section 125A.05, paragraph (c), or 
 125A.06, paragraph (d).  

    (c) "Child care facility" includes those child care 
 programs subject to licensure under chapter 245A, and Minnesota 
 Rules, chapters 9502 and 9503. 

    (d) "Family child care" means child care for no more than 
 ten children at one time of which no more than six are under 
 school age.  The licensed capacity must include all children of 
 any caregiver when the children are present in the residence. 

    (e) "Group family child care" means child care for no more 
 than 14 children at any one time.  The total number of children 
 includes all children of any caregiver when the children are 
 present in the residence. 

    Subd. 10.    Requirements for immunization statements.  
 A statement required to be submitted under subdivisions 1, 2, 
 and 4 to document evidence of immunization shall include month, 
 day, and year for immunizations administered after January 1, 
 1990.  

    (a) For persons enrolled in grades 7 and 12 during the 
 1996-1997 school term, the statement must indicate that the 
 person has received a dose of tetanus and diphtheria toxoid no 
 earlier than 11 years of age. 

    (b) Except as specified in paragraph (e), for persons 
 enrolled in grades 7, 8, and 12 during the 1997-1998 school 
 term, the statement must indicate that the person has received a 
 dose of tetanus and diphtheria toxoid no earlier than 11 years 
 of age.  

    (c) Except as specified in paragraph (e), for persons 
 enrolled in grades 7 through 12 during the 1998-1999 school term 
 and for each year thereafter, the statement must indicate that 
 the person has received a dose of tetanus and diphtheria toxoid 
 no earlier than 11 years of age.  

    (d) For persons enrolled in grades 7 through 12 during the 
 1996-1997 school year and for each year thereafter, the 
 statement must indicate that the person has received at least 
 two doses of vaccine against measles, mumps, and rubella, given 
 alone or separately and given not less than one month apart. 

    (e) A person who has received at least three doses of 
 tetanus and diphtheria toxoids, with the most recent dose given 
 after age six and before age 11, is not required to have 
 additional immunization against diphtheria and tetanus until ten 
 years have elapsed from the person's most recent dose of tetanus 
 and diphtheria toxoid. 

    (f) The requirement for hepatitis B vaccination shall apply 
 to persons enrolling in kindergarten beginning with the 
 2000-2001 school term. 

    (g) The requirement for hepatitis B vaccination shall apply 
 to persons enrolling in grade 7 beginning with the 2001-2002 
 school term. 

    Subd. 11.    Commissioner of human services; continued 
 responsibilities.  Nothing in this section relieves the 
 commissioner of human services of the responsibility, under 
 chapter 245A, to inspect and assure that statements required by 
 this section are on file at child care programs subject to 
 licensure. 

    HIST: 1967 c 858 s 1,2; 1973 c 137 s 1-3; 1977 c 305 s 45; 
 1978 c 758 s 1; 1980 c 504 s 1; 1986 c 444; 1987 c 309 s 24; 
 1988 c 430 s 1-8; 1989 c 215 s 1-7; 1991 c 30 s 1-10; 1991 c 265 
 art 3 s 38; 1Sp1995 c 3 art 9 s 26; art 16 s 13; 1996 c 398 s 
 25; 1Sp1997 c 3 s 20-22; 1Sp1997 c 4 art 6 s 8-10; 1998 c 305 s 
 1-4; 1998 c 397 art 3 s 54-56,103; art 11 s 3; 1998 c 407 art 2 
 s 24 

     121A.16 Early childhood health and development 
  screening; purpose. 

    The legislature finds that early detection of children's 
 health and developmental problems can reduce their later need 
 for costly care, minimize their physical and educational 
 handicaps, and aid in their rehabilitation.  The purpose of 
 sections 121A.16 to 121A.19 is to assist parents and communities 
 in improving the health of Minnesota children and in planning 
 educational and health programs. 

    HIST: 1977 c 437 s 1; 1994 c 465 art 2 s 1; 1998 c 397 art 3 s 
 103; art 11 s 3 

     121A.17 School board responsibilities. 

    Subdivision 1.    Early childhood developmental screening. 
  Every school board must provide for a mandatory program of 
 early childhood developmental screening for children once before 
 school entrance, targeting children who are between 3-1/2 and 
 four years old.  This screening program must be established 
 either by one board, by two or more boards acting in 
 cooperation, by service cooperatives, by early childhood family 
 education programs, or by other existing programs.  This 
 screening examination is a mandatory requirement for a student 
 to continue attending kindergarten or first grade in a public 
 school.  A child need not submit to developmental screening 
 provided by a board if the child's health records indicate to 
 the board that the child has received comparable developmental 
 screening from a public or private health care organization or 
 individual health care provider.  Districts are encouraged to 
 reduce the costs of preschool developmental screening programs 
 by utilizing volunteers in implementing the program. 

    Subd. 2.    Screening required before kindergarten 
 enrollment.  A child must not be enrolled in kindergarten in a 
 public school unless the parent or guardian of the child submits 
 to the school principal or other person having general control 
 and supervision of the school a record indicating the months and 
 year the child received developmental screening and the results 
 of the screening not later than 30 days after the first day of 
 attendance.  If a child is transferred from one kindergarten to 
 another, the parent or guardian of the child must be allowed 30 
 days to submit the child's record, during which time the child 
 may attend school. 

    Subd. 3.    Screening program.  (a) A screening program 
 must include at least the following components:  developmental 
 assessments, hearing and vision screening or referral, 
 immunization review and referral, the child's height and weight, 
 identification of risk factors that may influence learning, an 
 interview with the parent about the child, and referral for 
 assessment, diagnosis, and treatment when potential needs are 
 identified.  The district and the person performing or 
 supervising the screening must provide a parent or guardian with 
 clear written notice that the parent or guardian may decline to 
 answer questions or provide information about family 
 circumstances that might affect development and identification 
 of risk factors that may influence learning.  The notice must 
 clearly state that declining to answer questions or provide 
 information does not prevent the child from being enrolled in 
 kindergarten or first grade if all other screening components 
 are met.  If a parent or guardian is not able to read and 
 comprehend the written notice, the district and the person 
 performing or supervising the screening must convey the 
 information in another manner.  The notice must also inform the 
 parent or guardian that a child need not submit to the district 
 screening program if the child's health records indicate to the 
 school that the child has received comparable developmental 
 screening performed within the preceding 365 days by a public or 
 private health care organization or individual health care 
 provider.  The notice must be given to a parent or guardian at 
 the time the district initially provides information to the 
 parent or guardian about screening and must be given again at 
 the screening location.  

    (b) All screening components shall be consistent with the 
 standards of the state commissioner of health for early 
 developmental screening programs.  A developmental screening 
 program must not provide laboratory tests or a physical 
 examination to any child.  The district must request from the 
 public or private health care organization or the individual 
 health care provider the results of any laboratory test or 
 physical examination within the 12 months preceding a child's 
 scheduled screening.  

    (c) If a child is without health coverage, the school 
 district must refer the child to an appropriate health care 
 provider.  

    (d) A board may offer additional components such as 
 nutritional, physical and dental assessments, review of family 
 circumstances that might affect development, blood pressure, 
 laboratory tests, and health history.  

    (e) If a statement signed by the child's parent or guardian 
 is submitted to the administrator or other person having general 
 control and supervision of the school that the child has not 
 been screened because of conscientiously held beliefs of the 
 parent or guardian, the screening is not required.  

    Subd. 4.    Follow-up screening.  If any child's 
 screening indicates a condition which requires diagnosis or 
 treatment, the child's parents shall be notified of the 
 condition and the board shall ensure that an appropriate 
 follow-up and referral process is available.  

    Subd. 5.    Developmental screening program information. 
  The board must inform each resident family with a child 
 eligible to participate in the developmental screening program 
 about the availability of the program and the state's 
 requirement that a child receive developmental screening not 
 later than 30 days after the first day of attending kindergarten 
 in a public school. 

    Subd. 6.    Developmental screening services.  A board 
 may contract with or purchase service from an approved early 
 developmental screening program in the area.  Developmental 
 screening must be conducted by either an individual who is 
 licensed as, or has training that is similar to a special 
 education teacher, school psychologist, kindergarten teacher, 
 prekindergarten teacher, school nurse, public health nurse, 
 registered nurse, or physician.  The individual may be a 
 volunteer.  

    Subd. 7.    Screening record.  The district must provide 
 the parent or guardian of the child screened with a record 
 indicating the month and year the child received developmental 
 screening and the results of the screening.  The district must 
 keep a duplicate copy of the record of each child screened.  

    Subd. 8.    Volunteer screening programs.  Every board 
 must integrate and utilize volunteer screening programs in 
 implementing sections 121A.17 to 121A.19 wherever possible.  

    Subd. 9.    Health care provider societies.  A board may 
 consult with local societies of health care providers.  

    Subd. 10.    Priority to volunteers.  In selecting 
 personnel to implement the screening program, the district must 
 give priority first to qualified volunteers. 

    HIST: 1977 c 305 s 45; 1977 c 437 s 2; 1979 c 334 art 6 s 
 12,13; 1981 c 358 art 6 s 14; 1982 c 548 art 6 s 5; 1983 c 314 
 art 6 s 7; 1Sp1985 c 12 art 6 s 2; 1986 c 444; 1989 c 329 art 4 
 s 20; 1991 c 265 art 4 s 6,32; 1992 c 499 art 4 s 1-4; 1993 c 
 224 art 4 s 12-17; 1993 c 374 s 12; 1996 c 305 art 1 s 138; 1998 
 c 397 art 3 s 57-65,103; art 11 s 3 

     121A.18 Data use. 

    Data on individuals collected in screening programs 
 established pursuant to section 121A.17 is private, as defined 
 by section 13.02, subdivision 12.  Individual and summary data 
 must be reported to the district by the health provider who 
 performs the screening services, for the purposes of developing 
 appropriate educational programs to meet the individual needs of 
 children and designing appropriate health education programs for 
 the district.  No data on an individual shall be disclosed to 
 the district without the consent of that individual's parent or 
 guardian. 

    HIST: 1977 c 437 s 4; 1981 c 311 s 39; 1982 c 545 s 24; 1989 c 
 329 art 4 s 20; 1991 c 265 art 4 s 32; 1998 c 397 art 3 s 
 66,103; art 11 s 3 

     121A.19 Developmental screening aid. 

    Each school year, the state must pay a district $25 for 
 each child screened according to the requirements of section 
 121A.17.  If this amount of aid is insufficient, the district 
 may permanently transfer from the general fund an amount that, 
 when added to the aid, is sufficient. 

    HIST: 1991 c 265 art 4 s 7; 1993 c 224 art 4 s 18; 1998 c 397 
 art 3 s 67,103; art 11 s 3 

     121A.21 School health services. 

    (a) Every school board must provide services to promote the 
 health of its pupils. 

    (b) The board of a district with 1,000 pupils or more in 
 average daily membership in early childhood family education, 
 preschool handicapped, elementary, and secondary programs must 
 comply with the requirements of this paragraph.  It may use one 
 or a combination of the following methods: 

    (1) employ personnel, including at least one full-time 
 equivalent licensed school nurse or continue to employ a 
 registered nurse not yet certified as a public health nurse as 
 defined in section 145A.02, subdivision 18, who is enrolled in a 
 program that would lead to certification within four years of 
 August 1, 1988; 

    (2) contract with a public or private health organization 
 or another public agency for personnel during the regular school 
 year, determined appropriate by the board, who are currently 
 licensed under chapter 148 and who are certified public health 
 nurses; or 

    (3) enter into another arrangement approved by the 
 commissioner.  

    HIST: Ex1959 c 71 art 4 s 17; 1961 c 225 s 1; 1967 c 173 s 2; 
 1969 c 21 s 1; 1969 c 104 s 1; 1973 c 491 s 1; 1975 c 359 s 23; 
 1978 c 616 s 5; 1979 c 334 art 6 s 9; 1980 c 609 art 6 s 16; 
 1981 c 194 s 1; 1981 c 358 art 7 s 22; 1982 c 548 art 6 s 4; 
 1986 c 444; 1987 c 309 s 24; 1987 c 398 art 7 s 20; 1988 c 626 s 
 1; 1988 c 668 s 2; 1988 c 718 art 7 s 21; 1991 c 265 art 6 s 22; 
 art 9 s 36; 1992 c 499 art 12 s 8; 1993 c 224 art 12 s 16; art 
 13 s 17; 1994 c 647 art 6 s 11-13; 1Sp1995 c 3 art 9 s 20; art 
 16 s 13; 1996 c 412 art 3 s 10; art 6 s 1; 1Sp1997 c 4 art 6 s 
 7; art 7 s 4; 1998 c 397 art 1 s 54; art 3 s 53,103; art 5 s 
 88-90; art 6 s 62-68; art 8 s 1,2; art 11 s 3; 1998 c 398 art 6 
 s 17 

     121A.22 Administration of drugs and medicine. 

    Subdivision 1.    Applicability.  This section applies 
 only: 

    (1) when the parent of a pupil requests school personnel to 
 administer drugs or medicine to the pupil; or 

    (2) when administration is allowed by the individual 
 education plan of a child with a disability. 

    The request of a parent may be oral or in writing.  An oral 
 request must be reduced to writing within two school days, 
 provided that the district may rely on an oral request until a 
 written request is received. 

    Subd. 2.    Exclusions.  In addition, this section does 
 not apply to drugs or medicine: 

    (1) that can be purchased without a prescription; 

    (2) that are used by a pupil who is 18 years old or older; 

    (3) that are used in connection with services for which a 
 minor may give effective consent, including section 144.343, 
 subdivision 1, and any other law; 

    (4) that are used in situations in which, in the judgment 
 of the school personnel who are present or available, the risk 
 to the pupil's life or health is of such a nature that drugs or 
 medicine should be given without delay; 

    (5) that are used off the school grounds; 

    (6) that are used in connection with athletics or extra 
 curricular activities; 

    (7) that are used in connection with activities that occur 
 before or after the regular school day; or 

    (8) that are provided or administered by a public health 
 agency in order to prevent or control an illness or a disease 
 outbreak as provided for in sections 144.05 and 144.12. 

    Subd. 3.    Labeling.  Drugs or medicine subject to this 
 section must be in a container with a label prepared by a 
 pharmacist according to section 151.212 and applicable rules.  

    Subd. 4.    Administration.  Drugs and medicine subject 
 to this section must be administered in a manner consistent with 
 instructions on the label.  Drugs and medicine subject to this 
 section must be administered, to the extent possible, according 
 to school board procedures that must be developed in 
 consultation:  

    (1) with a school nurse, in a district that employs a 
 school nurse; 

    (2) with a licensed school nurse, in a district that 
 employs a licensed school nurse; 

    (3) with a public or private health or health-related 
 organization, in a district that contracts with a public or 
 private health or health-related organization, according to 
 section 121A.21; or 

    (4) with the appropriate party, in a district that has an 
 arrangement approved by the state board of education, according 
 to section 121A.21.  

    Subd. 5.    Children with a disability.  For drugs or 
 medicine used by children with a disability, administration may 
 be as provided in the individual education plan. 

    Subd. 6.    Health treatments.  For the purpose of this 
 section, special health treatments and health functions, such as 
 catheterization, tracheostomy suctioning, and gastrostomy 
 feedings, do not constitute administration of drugs or medicine. 

    HIST: 1988 c 626 s 2; 1991 c 265 art 3 s 38; 1998 c 397 art 3 
 s 103; art 11 s 3 

     121A.23 Health-related programs. 

    Subdivision 1.    AIDS program.  The commissioner of 
 children, families, and learning, in consultation with the 
 commissioner of health, shall assist districts in developing and 
 implementing a program to prevent and reduce the risk of 
 acquired immune deficiency syndrome.  Each district must have a 
 program that includes at least: 

    (1) planning materials, guidelines, and other technically 
 accurate and updated information; 

    (2) a comprehensive, technically accurate, and updated 
 curriculum; 

    (3) cooperation and coordination among districts and SCs; 

    (4) a targeting of adolescents, especially those who may be 
 at high risk of contracting AIDS, for prevention efforts; 

    (5) involvement of parents and other community members; 

    (6) in-service training for appropriate district staff and 
 school board members; 

    (7) collaboration with state agencies and organizations 
 having an AIDS prevention or AIDS risk reduction program; 

    (8) collaboration with local community health services, 
 agencies and organizations having an AIDS prevention or AIDS 
 risk reduction program; and 

    (9) participation by state and local student organizations. 

    The department may provide assistance at a neutral site to 
 a nonpublic school participating in a district's program.  
 District programs must not conflict with the health and wellness 
 curriculum developed under Laws 1987, chapter 398, article 5, 
 section 2, subdivision 7. 

    If a district fails to develop and implement a program to 
 prevent and reduce the risk of AIDS, the department must assist 
 the service cooperative in the region serving that district to 
 develop or implement the program. 

    Subd. 2.    Funding sources.  Districts may accept funds 
 for AIDS programs developed and implemented under this section 
 from public and private sources including public health funds 
 and foundations, department professional development funds, 
 federal block grants or other federal or state grants. 

    HIST: 1988 c 718 art 5 s 1; 1Sp1995 c 3 art 16 s 13; 1996 c 
 305 art 1 s 138; 1998 c 397 art 3 s 3,103 

     121A.25 Chemical abuse preassessment teams; definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to Laws 1987, chapter 295. 

    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.    Teachers.  "Teachers" has the meaning given 
 it in section 122A.15, subdivision 1.  

    HIST: 1987 c 295 s 1; 1998 c 397 art 9 s 26; art 11 s 3 

     121A.26 School preassessment teams. 

    Every public school, and every nonpublic school that 
 participates in a school district chemical abuse program shall 
 establish a chemical abuse preassessment team.  The 
 preassessment team must be composed of classroom teachers, 
 administrators, and to the extent they exist in each school, 
 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 preassessment team 
 is responsible for addressing reports of chemical abuse problems 
 and making recommendations for appropriate responses to the 
 individual reported cases.  

    Within 45 days after receiving an individual reported case, 
 the preassessment team shall make a determination whether to 
 provide the student and, in the case of a minor, the student's 
 parents with information about school and community services in 
 connection with chemical abuse.  Data may be disclosed without 
 consent in health and safety emergencies pursuant to section 
 13.32 and applicable federal law and regulations.  

    Notwithstanding section 138.163, destruction of records 
 identifying individual students shall be governed by this 
 section.  If the preassessment team decides not to provide a 
 student and, in the case of a minor, the student's parents with 
 information about school or community services in connection 
 with chemical abuse, records created or maintained by the 
 preassessment team about the student shall be destroyed not 
 later than six months after the determination is made.  If the 
 preassessment team decides to provide a student and, in the case 
 of a minor, the student's parents with information about school 
 or community services in connection with chemical abuse, records 
 created or maintained by the preassessment team about the 
 student shall be destroyed not later than six months after the 
 student is no longer enrolled in the district. 

    HIST: 1987 c 295 s 2; 1988 c 691 s 1; 1998 c 397 art 9 s 26 

     121A.27 School and community advisory team. 

    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 preassessment team established in section 121A.26, 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; 
 and 

    (2) develop a written procedure clarifying the notification 
 process to be used by the chemical abuse preassessment team 
 established under section 121A.26 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 in the case 
 of a minor student.  

    HIST: 1987 c 295 s 3; 1988 c 691 s 2; 1998 c 397 art 9 s 26; 
 art 11 s 3 

     121A.28 Law enforcement records. 

    A law enforcement agency shall provide notice of any drug 
 incident occurring within the agency's jurisdiction, in which 
 the agency has probable cause to believe a student violated 
 section 152.021, 152.022, 152.023, 152.024, 152.025, 152.027, 
 152.097, or 340A.503, subdivision 1, 2, or 3.  The notice shall 
 be in writing and shall be provided, within two weeks after an 
 incident occurs, to the chemical abuse preassessment team in the 
 school where the student is enrolled. 

    HIST: 1988 c 691 s 3; 1991 c 199 art 1 s 33; 1998 c 397 art 9 
 s 26 

     121A.29 Reporting; chemical abuse. 

    Subdivision 1.    Teacher's duty.  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 preassessment team of this 
 information.  A teacher who complies with this section shall be 
 defended and indemnified under section 466.07, subdivision 1, in 
 any action for damages arising out of the compliance. 

    Subd. 2.    Other reports.  Nothing in this section 
 prevents a teacher or any other school employee from reporting 
 to a law enforcement agency any violation of law occurring on 
 school premises or at school sponsored events. 

    HIST: 1987 c 295 s 4; 1988 c 691 s 4; 1998 c 397 art 9 s 26 

     121A.31 Safety requirement guidelines. 

    The department, in cooperation with the Minnesota fire 
 marshal's division, must develop guidelines for school lab 
 safety.  The guidelines shall include a list of safety 
 requirements and an explanation of the minimum state and 
 national laws, codes, and standards affecting school lab safety 
 the Minnesota fire marshal considers necessary for schools to 
 implement.  The district superintendent shall ensure that every 
 school lab within the district complies with the school lab 
 safety requirements.  Lack of funding is not an excuse for 
 noncompliance. 

    HIST: 1989 c 329 art 9 s 13; 1Sp1995 c 3 art 16 s 13; 1998 c 
 397 art 9 s 7,26 

     121A.32 Eye protective devices. 

    Subdivision 1.    Requirement to wear eye protective 
 devices.  Every person shall wear industrial quality eye 
 protective devices when participating in, observing or 
 performing any function in connection with, any courses or 
 activities taking place in eye protection areas, as defined in 
 subdivision 3, of any school, college, university or other 
 educational institution in the state.  

    Subd. 2.    Penalty for failure to wear eye protective 
 devices.  Any student failing to comply with such requirements 
 may be temporarily suspended from participation in said course 
 and the registration of a student for such course may be 
 canceled for willful, flagrant, or repeated failure to observe 
 the above requirements.  

    Subd. 3.    Eye protection areas.  Eye protection areas 
 shall include, but not to be limited to, vocational or 
 industrial art shops, science or other school laboratories, or 
 school or institutional facilities in which activities are 
 taking place and materials are being used involving: 

    (1) hot molten metals; 

    (2) milling, sawing, turning, shaping, cutting, grinding or 
 stamping of any solid materials; 

    (3) heat treatment, tempering or kiln firing of any metal 
 or other materials; 

    (4) gas or electric arc welding; 

    (5) repair or servicing of any vehicle or mechanical 
 equipment; 

    (6) any other activity or operation involving work in any 
 area that is potentially hazardous to the eye. 

    Subd. 4.    Protective-corrective lenses.  Any person 
 desiring protective-corrective lenses instead of the protective 
 devices supplied by the educational institution shall pay for, 
 procure, keep, and use industrial quality eye protective devices.

    Subd. 5.    Industrial quality eye protective devices 
 defined.  "Industrial quality eye protective devices," as used 
 in this section, shall mean devices meeting the standards of the 
 American National Standard Institute, currently identified as 
 Z87.1-1968. 

    HIST: Ex1967 c 14 s 1 subds 1-6; 1976 c 40 s 1; 1986 c 444; 
 1998 c 397 art 9 s 26 

     121A.34 School safety patrols. 

    Subdivision 1.    Establishment.  In the exercise of 
 authorized control and supervision over pupils attending schools 
 and other educational institutions, both public and private, the 
 governing board or other directing authority of any such school 
 or institution is empowered to authorize the organization and 
 supervision of school safety patrols for the purpose of 
 influencing and encouraging other pupils to refrain from 
 crossing public highways at points other than regular crossings 
 and for the purpose of directing pupils when and where to cross 
 highways.  

    Subd. 2.    Appointment of members.  Unless the parents 
 or guardian of a pupil object in writing to the school 
 authorities to the appointment of the pupil on a school safety 
 patrol, it is lawful for any pupil over nine years of age to be 
 appointed and designated as a member of the patrol in any school 
 in which there are no pupils who have attained such age, any 
 pupil in the highest grade therein may be so appointed and 
 designated.  School authorities may also appoint and designate 
 nonpupil adults as members of a school safety patrol on a 
 voluntary or for-hire basis. 

    Subd. 3.    Liability not to attach.  No liability shall 
 attach either to the school, educational institution, governing 
 board, directing authority, or any individual director, board 
 member, superintendent, principal, teacher, or other school 
 authority by virtue of the organization, maintenance, or 
 operation of such a school safety patrol because of injuries 
 sustained by any pupil, whether a member of the patrol or 
 otherwise by reason of the operation and maintenance of the 
 patrol.  

    Subd. 4.    Identify, operation.  Identification and 
 operation of school safety patrols shall be uniform throughout 
 the state and the method of identification and signals to be 
 used shall be as prescribed by the commissioner of public 
 safety.  School safety patrol members may wear fluorescent 
 reflective vests. 

    HIST: Ex1959 c 71 art 7 s 15; 1971 c 491 s 4; 1994 c 647 art 
 12 s 10; 1995 c 103 s 1; 1Sp1995 c 3 art 2 s 29; 1998 c 397 art 
 9 s 5,6,26 

     121A.36 Motorcycle safety education program. 

    Subdivision 1.    Established; administration; rules.  A 
 motorcycle safety education program is established.  The program 
 shall be administered by the commissioners of public safety and 
 children, families, and learning.  The program shall include but 
 is not limited to training and coordination of motorcycle safety 
 instructors, motorcycle safety promotion and public information, 
 and reimbursement for the cost of approved courses offered by 
 schools and organizations.  

    Subd. 2.    Reimbursements.  The commissioner of 
 children, families, and learning, to the extent that funds are 
 available, may reimburse schools and other approved 
 organizations offering approved motorcycle safety education 
 courses for up to 50 percent of the actual cost of the courses.  
 If sufficient funds are not available, reimbursements shall be 
 prorated.  The commissioner may conduct audits and otherwise 
 examine the records and accounts of schools and approved 
 organizations offering the courses to insure the accuracy of the 
 costs.  

    Subd. 3.    Appropriation.  (a) All funds in the 
 motorcycle safety fund created by section 171.06, subdivision 
 2a, are hereby annually appropriated to the commissioner of 
 public safety to carry out the purposes of subdivisions 1 and 
 2.  The commissioner of public safety may make grants from the 
 fund to the commissioner of children, families, and learning at 
 such times and in such amounts as the commissioner deems 
 necessary to carry out the purposes of subdivisions 1 and 2.  

    (b) Of the money appropriated under paragraph (a): 

    (1) In each of fiscal years 1997, 1998, and 1999, not more 
 than $25,000, and in subsequent years not more than five 
 percent, shall be expended to defray the administrative costs of 
 carrying out the purposes of subdivisions 1 and 2. 

    (2) In each of fiscal years 1997, 1998, and 1999, not more 
 than 65 percent, and in subsequent years not more than 60 
 percent, shall be expended for the combined purpose of training 
 and coordinating the activities of motorcycle safety instructors 
 and making reimbursements to schools and other approved 
 organizations. 

    HIST: 1982 c 583 s 3; 1986 c 444; 1988 c 715 s 1; 1Sp1995 c 3 
 art 16 s 13; 1996 c 329 s 1; 1998 c 397 art 4 s 51 

     121A.40 Citation. 

    Sections 121A.40 to 121A.56 may be cited as the "Pupil Fair 
 Dismissal Act."  

    HIST: 1974 c 572 s 1; 1Sp1997 c 4 art 7 s 10; 1998 c 397 art 9 
 s 26; art 11 s 3 

     121A.41 Definitions. 

    Subdivision 1.    Applicability.  As used in sections 
 121A.40 to 121A.56, the terms defined in this section shall have 
 the meanings assigned them. 

    Subd. 2.    Dismissal.  "Dismissal" means the denial of 
 the current educational program to any pupil, including 
 exclusion, expulsion, and suspension.  It does not include 
 removal from class.  

    Subd. 3.    District.  "District" means any school 
 district. 

    Subd. 4.    Exclusion.  "Exclusion" means an action 
 taken by the school board to prevent enrollment or reenrollment 
 of a pupil for a period that shall not extend beyond the school 
 year. 

    Subd. 5.    Expulsion.  "Expulsion" means a school board 
 action to prohibit an enrolled pupil from further attendance for 
 up to 12 months from the date the pupil is expelled. 

    Subd. 6.    Parent.  "Parent" means (a) one of the 
 pupil's parents, (b) in the case of divorce or legal separation, 
 the parent or parents with physical custody of the pupil, 
 including a noncustodial parent with legal custody who has 
 provided the district with a current address and telephone 
 number, or (c) a legally appointed guardian.  In the case of a 
 pupil with a disability under the age of 18, parent may include 
 a district-appointed surrogate parent. 

    Subd. 7.    Pupil.  "Pupil" means any student: 

    (1) without a disability under 21 years of age; or 

    (2) with a disability until September 1 after the child 
 with a disability becomes 22 years of age; 

    (3) and who remains eligible to attend a public elementary 
 or secondary school. 

    Subd. 8.    School.  "School" means any school defined 
 in section 120A.05, subdivisions 9, 11, 13, and 17. 

    Subd. 9.    School board.  "School board" means the 
 governing body of any school district. 

    Subd. 10.    Suspension.  "Suspension" means an action 
 by the school administration, under rules promulgated by the 
 school board, prohibiting a pupil from attending school for a 
 period of no more than ten school days.  If a suspension is 
 longer than five days, the suspending administrator must provide 
 the superintendent with a reason for the longer suspension.  
 This definition does not apply to dismissal from school for one 
 school day or less, except as provided in federal law for a 
 student with a disability.  Each suspension action may include a 
 readmission plan.  The readmission plan shall include, where 
 appropriate, a provision for implementing alternative 
 educational services upon readmission and may not be used to 
 extend the current suspension.  The school administration may 
 not impose consecutive suspensions against the same pupil for 
 the same course of conduct, or incident of misconduct, except 
 where the pupil will create an immediate and substantial danger 
 to self or to surrounding persons or property, or where the 
 district is in the process of initiating an expulsion, in which 
 case the school administration may extend the suspension to a 
 total of 15 days.  In the case of a pupil with a disability, 
 school districts must comply with applicable federal law.  The 
 school administration shall implement alternative educational 
 services when the suspension exceeds five days.  A separate 
 administrative conference is required for each period of 
 suspension. 

    Subd. 11.    Alternative educational services.  
 "Alternative educational services" may include, but are not 
 limited to, special tutoring, modified curriculum, modified 
 instruction, other modifications or adaptations, instruction 
 through electronic media, special education services as 
 indicated by appropriate assessment, homebound instruction, 
 supervised homework, or enrollment in another district or in an 
 alternative learning center under section 123A.05 selected to 
 allow the pupil to progress toward meeting graduation standards 
 under section 120B.02, although in a different setting. 

    HIST: 1974 c 572 s 2; 1975 c 162 s 41; 1983 c 7 s 1; 1983 c 
 163 s 1; 1983 c 243 s 5 subd 1; 1986 c 444; 1991 c 265 art 3 s 
 38; 1994 c 647 art 4 s 36; 1995 c 226 art 3 s 9; 1Sp1997 c 4 art 
 7 s 11-16; 1998 c 397 art 9 s 26; art 11 s 3; 1998 c 398 art 2 s 
 39-41 

     121A.42 Policy.  

    No public school shall deny due process or equal protection 
 of the law to any public school pupil involved in a dismissal 
 proceeding which may result in suspension, exclusion, or 
 expulsion.  

    HIST: 1974 c 572 s 3; 1998 c 397 art 9 s 26 

     121A.43 Exclusion and expulsion of pupils with a 
  disability. 

    When a pupil who has an individual education plan is 
 excluded or expelled under sections 121A.40 to 121A.56 for 
 misbehavior that is not a manifestation of the pupil's 
 disability, the district shall continue to provide special 
 education and related services after a period of suspension, if 
 suspension is imposed.  The district shall initiate a review of 
 the individual education plan within five school days of 
 commencing an expulsion, exclusion, or a suspension.  

    HIST: 1991 c 265 art 3 s 19,38; 1Sp1997 c 4 art 7 s 17; 1998 c 
 397 art 9 s 26; art 11 s 3 

     121A.44 Expulsion for possession of firearm. 

    (a) Notwithstanding the time limitation in section 121A.41, 
 subdivision 5, a school board must expel for a period of at 
 least one year a pupil who is determined to have brought a 
 firearm to school except the board may modify this expulsion 
 requirement for a pupil on a case-by-case basis.  For the 
 purposes of this section, firearm is as defined in United States 
 Code, title 18, section 921. 

    (b) Notwithstanding chapter 13, a student's expulsion or 
 withdrawal or transfer from a school after an expulsion action 
 is initiated against the student for a weapons violation under 
 paragraph (a) may be disclosed by the school district initiating 
 the expulsion proceeding.  Unless the information is otherwise 
 public, the disclosure may be made only to another school 
 district in connection with the possible admission of the 
 student to the other district. 

    HIST: 1995 c 226 art 3 s 10; 1998 c 397 art 9 s 26; art 11 s 3 

     121A.45 Grounds for dismissal. 

    Subdivision 1.    Provision of alternative programs.  No 
 school shall dismiss any pupil without attempting to provide 
 alternative educational services before dismissal proceedings, 
 except where it appears that the pupil will create an immediate 
 and substantial danger to self or to surrounding persons or 
 property.  

    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.  Such regulation must be clear and definite to 
 provide notice to pupils that they must conform their conduct to 
 its requirements; 

    (b) willful conduct that materially and substantially 
 disrupts the rights of others to an education; or 

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

    HIST: 1974 c 572 s 4; 1978 c 764 s 93; 1986 c 444; 1Sp1997 c 4 
 art 7 s 18; 1998 c 397 art 9 s 26 

     121A.46 Suspension procedures. 

    Subdivision 1.    Informal administrative conference 
 before suspension.  The school administration shall not 
 suspend a pupil from school without an informal administrative 
 conference with the pupil.  The informal administrative 
 conference shall take place before the suspension, except where 
 it appears that the pupil will create an immediate and 
 substantial danger to self or to surrounding persons or 
 property, in which case the conference shall take place as soon 
 as practicable following the suspension. 

    Subd. 2.    Administrator notifies pupil of grounds for 
 suspension.  At the informal administrative conference, a 
 school administrator shall notify the pupil of the grounds for 
 the suspension, provide an explanation of the evidence the 
 authorities have, and the pupil may present the pupil's version 
 of the facts. 

    Subd. 3.    Written notice of grounds for suspension.  A 
 written notice containing the grounds for suspension, a brief 
 statement of the facts, a description of the testimony, a 
 readmission plan, and a copy of sections 121A.40 to 121A.56, 
 shall be personally served upon the pupil at or before the time 
 the suspension is to take effect, and upon the pupil's parent or 
 guardian by mail within 48 hours of the conference.  The 
 district shall make reasonable efforts to notify the parents of 
 the suspension by telephone as soon as possible following 
 suspension.  In the event a pupil is suspended without an 
 informal administrative conference on the grounds that the pupil 
 will create an immediate and substantial danger to surrounding 
 persons or property, the written notice shall be served upon the 
 pupil and the pupil's parent or guardian within 48 hours of the 
 suspension.  Service by mail is complete upon mailing. 

    Subd. 4.    Suspension pending expulsion or exclusion 
 hearing.  Notwithstanding the provisions of subdivisions 1 and 
 3, the pupil may be suspended pending the school board's 
 decision in the expulsion or exclusion hearing; provided that 
 alternative educational services are implemented to the extent 
 that suspension exceeds five days. 

    HIST: 1974 c 572 s 5; 1978 c 764 s 94; 1986 c 444; 1Sp1997 c 4 
 art 7 s 19-22; 1998 c 397 art 9 s 26; art 11 s 3 

     121A.47 Exclusion and expulsion procedures. 

    Subdivision 1.    Requiring a hearing; pupil may waive 
 hearing.  No exclusion or expulsion shall be imposed without a 
 hearing, unless the right to a hearing is waived in writing by 
 the pupil and parent or guardian.  The action shall be initiated 
 by the school board or its agent.  

    Subd. 2.    Written notice.  Written notice of intent to 
 take action shall: 

    (a) be served upon the pupil and the pupil's parent or 
 guardian personally or by mail; 

    (b) contain a complete statement of the facts, a list of 
 the witnesses and a description of their testimony; 

    (c) state the date, time, and place of the hearing; 

    (d) be accompanied by a copy of sections 121A.40 to 
 121A.56; 

    (e) describe alternative educational services accorded the 
 pupil in an attempt to avoid the expulsion proceedings; and 

    (f) inform the pupil and parent or guardian of the right to:

    (1) have a representative of the pupil's own choosing, 
 including legal counsel, at the hearing.  The district shall 
 advise the pupil's parent or guardian that free or low-cost 
 legal assistance may be available and that a legal assistance 
 resource list is available from the department of children, 
 families, and learning; 

    (2) examine the pupil's records before the hearing; 

    (3) present evidence; and 

    (4) confront and cross-examine witnesses.  

    Subd. 3.    Hearing schedule.  The hearing shall be 
 scheduled within ten days of the service of the written notice 
 unless an extension, not to exceed five days, is requested for 
 good cause by the school board, pupil, parent or guardian.  

    Subd. 4.    Convenient time and place of hearing.  The 
 hearing shall be at a time and place reasonably convenient to 
 pupil, parent or guardian.  

    Subd. 5.    Closed or open hearing.  The hearing shall 
 be closed unless the pupil, parent or guardian requests an open 
 hearing.  

    Subd. 6.    Impartial hearer.  The hearing shall take 
 place before: 

    (1) an independent hearing officer; 

    (2) a member of the school board; 

    (3) a committee of the school board; or 

    (4) the full school board; 

 as determined by the school board.  The hearing shall be 
 conducted in a fair and impartial manner. 

    Subd. 7.    Creating hearing record.  The school board 
 shall record the hearing proceedings at district expense, and a 
 party may obtain a transcript at its own expense.  Testimony 
 shall be given under oath.  The hearing officer or a member of 
 the school board shall have the power to issue subpoenas and 
 administer oaths.  

    Subd. 8.    Access to pupil's records.  At a reasonable 
 time prior to the hearing, the pupil, parent or guardian, or 
 representative, shall be given access to all public school 
 system records pertaining to the pupil, including any tests or 
 reports upon which the proposed action may be based.  

    Subd. 9.    Pupil's right to compel testimony.  The 
 pupil, parent or guardian, or representative, shall have the 
 right to compel the attendance of any official employee or agent 
 of the public school system or any public employee or any other 
 person who may have evidence upon which the proposed action may 
 be based, and to confront and to cross-examine any witness 
 testifying for the public school system.  

    Subd. 10.    Pupil's right to present evidence and 
 testimony.  The pupil, parent or guardian, or representative, 
 shall have the right to present evidence and testimony, 
 including expert psychological or educational testimony.  

    Subd. 11.    Pupil not compelled to testify.  The pupil 
 cannot be compelled to testify in the dismissal proceedings.  

    Subd. 12.    Hearer's recommendation limited to evidence 
 at hearing; service within two days.  The recommendation of 
 the hearing officer or school board member or committee shall be 
 based solely upon substantial evidence presented at the hearing 
 and must be made to the school board and served upon the parties 
 within two days of the end of the hearing.  

    Subd. 13.    Basis of school board decision; opportunity 
 for comment.  The school board shall base its decision upon 
 the recommendation of the hearing officer or school board member 
 or committee and shall render its decision at a meeting held 
 within five days after receiving the recommendation.  The school 
 board may provide the parties with the opportunity to present 
 exceptions and comments to the hearing officer's recommendations 
 provided that neither party presents any evidence not admitted 
 at the hearing.  The decision by the school board must be based 
 on the record, must be in writing, and must state the 
 controlling facts on which the decision is made in sufficient 
 detail to apprise the parties and the commissioner of children, 
 families, and learning of the basis and reason for the decision. 

    Subd. 14.    Admission or readmission plan.  A school 
 administrator shall prepare and enforce an admission or 
 readmission plan for any pupil who is excluded or expelled from 
 school.  The plan may include measures to improve the pupil's 
 behavior and require parental involvement in the admission or 
 readmission process, and may indicate the consequences to the 
 pupil of not improving the pupil's behavior. 

    HIST: 1974 c 572 s 6; 1986 c 444; 1994 c 647 art 4 s 37; 
 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 art 7 s 23-28; 1998 c 397 
 art 9 s 26; art 11 s 3; 1998 c 398 art 2 s 42 

     121A.48 Good faith exception. 

    A violation of the technical provisions of the Pupil Fair 
 Dismissal Act, made in good faith, is not a defense to a 
 disciplinary procedure under the act unless the pupil can 
 demonstrate actual prejudice as a result of the violation. 

    HIST: 1Sp1995 c 3 art 9 s 30; 1Sp1997 c 4 art 7 s 29; 1998 c 
 397 art 9 s 26 

     121A.49 Appeal. 

    A party to an exclusion or expulsion decision made under 
 sections 121A.40 to 121A.56 may appeal the decision to the 
 commissioner of children, families, and learning within 21 
 calendar days of school board action.  Upon being served with a 
 notice of appeal, the district shall provide the commissioner 
 and the parent or guardian with a complete copy of the hearing 
 record within five days of its receipt of the notice of appeal.  
 All written submissions by the appellant must be submitted and 
 served on the respondent within ten days of its actual receipt 
 of the transcript.  All written submissions by the respondent 
 must be submitted and served on the appellant within ten days of 
 its actual receipt of the written submissions of the appellant.  
 The decision of the school board must be implemented during the 
 appeal to the commissioner. 

    In an appeal under this section, the commissioner may 
 affirm the decision of the agency, may remand the decision for 
 additional findings, or may reverse or modify the decision if 
 the substantial rights of the petitioners have been prejudiced 
 because the administrative findings, inferences, conclusions, or 
 decisions are: 

    (1) in violation of constitutional provisions; 

    (2) in excess of the statutory authority or jurisdiction of 
 the school district; 

    (3) made upon unlawful procedure, except as provided in 
 section 121A.48; 

    (4) affected by other error of law; 

    (5) unsupported by substantial evidence in view of the 
 entire record submitted; or 

    (6) arbitrary or capricious. 

 The commissioner or the commissioner's representative shall make 
 a final decision based upon the record.  The commissioner shall 
 issue a decision within 30 calendar days of receiving the entire 
 record and the parties' written submission on appeal.  The 
 commissioner's decision shall be final and binding upon the 
 parties after the time for appeal expires under section 121A.50. 

    HIST: 1974 c 572 s 7; 1986 c 444; 1Sp1995 c 3 art 16 s 13; 
 1Sp1997 c 4 art 7 s 30; 1998 c 397 art 9 s 26; art 11 s 3; 1998 
 c 398 art 2 s 43 

     121A.50 Judicial review. 

    The decision of the commissioner of children, families, and 
 learning made under sections 121A.40 to 121A.56 is subject to 
 judicial review under sections 14.63 to 14.69.  The decision of 
 the commissioner is stayed pending an appeal under this section. 

    HIST: 1974 c 572 s 8; 1983 c 247 s 60; 1Sp1995 c 3 art 16 s 
 13; 1Sp1997 c 4 art 7 s 31; 1998 c 397 art 9 s 26; art 11 s 3 

     121A.51 Reports to service agency.  

    The school board shall report any action taken pursuant to 
 sections 121A.40 to 121A.56 to the appropriate public service 
 agency, when the pupil is under the supervision of such agency.  

    HIST: 1974 c 572 s 9; 1998 c 397 art 9 s 26; art 11 s 3 

     121A.52 Nonapplication of compulsory attendance law. 

    The provisions of section 120A.22, subdivision 5, shall not 
 apply to any pupil during a dismissal pursuant to sections 
 121A.40 to 121A.56. 

    HIST: 1974 c 572 s 10; 1989 c 209 art 2 s 11; 1998 c 397 art 9 
 s 26; art 11 s 3 

     121A.53 Report to commissioner of children, families, 
  and learning. 

    Subdivision 1.    Exclusions and expulsions.  The school 
 board shall report each exclusion or expulsion within 30 days of 
 the effective date of the action to the commissioner of 
 children, families, and learning.  This report shall 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.  

    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. 

    HIST: 1974 c 572 s 11; 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 
 art 7 s 32; 1998 c 397 art 9 s 26; 1998 c 398 art 2 s 44 

     121A.54 Notice of right to be reinstated. 

    Whenever a pupil fails to return to school within ten 
 school days of the termination of dismissal, a school 
 administrator shall inform the pupil and the pupil's parents by 
 mail of the pupil's right to attend and to be reinstated in the 
 public school.  

    HIST: 1974 c 572 s 12; 1986 c 444; 1Sp1997 c 4 art 7 s 33; 
 1998 c 397 art 9 s 26 

     121A.55 Policies to be established. 

    (a) The commissioner of children, families, and learning 
 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 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) The commissioner shall actively encourage and assist 
 school districts to cooperatively establish alternative 
 educational services within school buildings or at alternative 
 program sites that offer instruction to pupils who are dismissed 
 from school for willfully engaging in dangerous, disruptive, or 
 violent behavior, including for possessing a firearm in a school 
 zone. 

    HIST: 1974 c 572 s 13; 1986 c 444; 1994 c 647 art 4 s 38; 
 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 art 7 s 34; 1998 c 397 art 
 9 s 26; art 11 s 3; 1998 c 398 art 2 s 45 

     121A.56 Application.  

    Subdivision 1.    Prohibition against discrimination 
 remains in effect.  Sections 121A.40 to 121A.56 shall not be 
 deemed to amend or otherwise affect or change section 363.03, 
 subdivision 5, clause (2).  

    Subd. 2.    Portions of school program for credit.  
 Sections 121A.40 to 121A.56 shall apply only to those portions 
 of the school program for which credit is granted. 

    HIST: 1974 c 572 s 14,15; 1998 c 397 art 9 s 26; art 11 s 3 

     121A.58 Corporal punishment. 

    Subdivision 1.    Definition.  For the purpose of this 
 section, "corporal punishment" means conduct involving:  

    (1) hitting or spanking a person with or without an object; 
 or 

    (2) unreasonable physical force that causes bodily harm or 
 substantial emotional harm. 

    Subd. 2.    Corporal punishment not allowed.  An 
 employee or agent of a district shall not inflict corporal 
 punishment or cause corporal punishment to be inflicted upon a 
 pupil to reform unacceptable conduct or as a penalty for 
 unacceptable conduct. 

    Subd. 3.    Violation.  Conduct that violates 
 subdivision 2 is not a crime under section 645.241, but may be a 
 crime under chapter 609 if the conduct violates a provision of 
 chapter 609. 

    HIST: 1989 c 114 s 1; 1990 c 382 s 1; 1998 c 397 art 9 s 20,26 

     121A.585 Notice of recording device on a school bus. 

    If a video or audio recording device is placed on a school 
 bus, the bus also must contain a sign or signs, conspicuously 
 placed, notifying riders that their conversations or actions may 
 be recorded on tape.  

    HIST: 1994 c 647 art 12 s 5; 1998 c 397 art 7 s 164 

     121A.59 Bus transportation a privilege not a right. 

    Transportation by school bus is a privilege not a right for 
 an eligible student.  A student's eligibility to ride a school 
 bus may be revoked for a violation of school bus safety or 
 conduct policies, or for violation of any other law governing 
 student conduct on a school bus, pursuant to a written school 
 district discipline policy.  Revocation of a student's bus 
 riding privilege is not an exclusion, expulsion, or suspension 
 under the Pupil Fair Dismissal Act.  Revocation procedures for a 
 student who is an individual with a disability under the 
 Individuals with Disabilities Education Act, United States Code, 
 title 20, section 1400 et seq., section 504 of the 
 Rehabilitation Act of 1973, United States Code, title 29, 
 section 794, and the Americans with Disabilities Act, Public Law 
 Number 101-336, are governed by these provisions. 

    HIST: 1994 c 647 art 12 s 6; 1998 c 397 art 7 s 8,164 

     121A.60 Definitions. 

    Subdivision 1.    Removal from class.  "Removal from 
 class" and "removal" mean any actions taken by a teacher, 
 principal, or other school district employee to prohibit a pupil 
 from attending a class or activity period for a period of time 
 not to exceed five days, pursuant to procedures established in 
 the school district discipline policy adopted by the school 
 board pursuant to section 121A.61.  

    Subd. 2.    Class period.  "Class period" or "activity 
 period" means a period of time as defined in the district's 
 written discipline policy.  

    Subd. 3.    School site mediation board.  "School site 
 mediation board" means a board representative of parents of 
 students in the building, staff, and students that shall have 
 the responsibilities as defined in section 121A.62.  The 
 principal or other person having general control and supervision 
 of the school, shall serve as an ex officio member of the board. 

    Subd. 4.    School-based ombudsperson.  "School-based 
 ombudsperson" means an administrator, a teacher, a parent, or a 
 student representative who shall have the responsibilities under 
 section 121A.63. 

    HIST: 1983 c 163 s 2; 1Sp1995 c 3 art 9 s 31; 1998 c 397 art 9 
 s 13,26; art 11 s 3 

     121A.61 Discipline and removal of students from class. 

    Subdivision 1.    Required policy.  Each school board 
 must adopt a written districtwide school discipline policy which 
 includes written rules of conduct for students, minimum 
 consequences for violations of the rules, and grounds and 
 procedures for removal of a student from class.  The policy must 
 be developed with the participation of administrators, teachers, 
 employees, pupils, parents, community members, and such other 
 individuals or organizations as the board determines 
 appropriate.  A school site council may adopt additional 
 provisions to the policy subject to the approval of the school 
 board. 

    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 
 pursuant to the procedures specified in the policy.  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 which materially and substantially 
 disrupts the rights of others to an education; 

    (b) willful conduct which endangers 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.  

    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 individual education plan 
 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; and 

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

    HIST: 1983 c 163 s 3; 1987 c 295 s 5; 1991 c 265 art 3 s 38; 
 1Sp1995 c 3 art 9 s 32; 1998 c 397 art 9 s 14,26 

     121A.62 School site mediation board. 

    Subdivision 1.    Board allowed.  A school district or 
 school site council may establish a school site mediation 
 board.  The board must consist of equal numbers of staff and 
 parents and, in the case of secondary schools, student 
 representatives.  Members shall be representative of the school 
 community and must be selected by a method as determined in the 
 district's discipline policy. 

    Subd. 2.    Purposes and duties.  The board must mediate 
 issues in dispute at the school site related to the 
 implementation of district and school site codes of conduct 
 under sections 121A.60 to 121A.64, and the application of the 
 codes to a student. 

    HIST: 1Sp1995 c 3 art 9 s 33; 1998 c 397 art 9 s 15,26; art 11 
 s 3 

     121A.63 Ombudsperson service. 

    A school district or school site council may establish an 
 ombudsperson service for students, parents, and staff.  The 
 service must consist of an administrator, a student, a parent, 
 and a teacher.  The school site must notify students, parents, 
 and staff of the availability of the service.  The service must 
 provide advocacy for enforcement of the codes of conduct and the 
 procedures to remediate disputes related to implementation of 
 the code of conduct and the goals of the school in maintaining 
 an orderly learning environment for all students. 

    HIST: 1Sp1995 c 3 art 9 s 34; 1998 c 397 art 9 s 16,26 

     121A.64 Notification. 

    Representatives of the school board and the exclusive 
 representative of the teachers shall discuss issues related to 
 notification prior to placement in classrooms of students with 
 histories of violent behavior and any need for intervention 
 services or conflict resolution or training for staff in these 
 cases. 

    HIST: 1Sp1995 c 3 art 9 s 35; 1998 c 397 art 9 s 17,26 

     121A.65 Review of policy. 

    The principal or other person having general control and 
 supervision of the school, and representatives of parents, 
 students, and staff in a school building shall confer at least 
 annually to review the discipline policy and to assess whether 
 the policy has been enforced.  A school board must conduct an 
 annual review of the districtwide discipline policy. 

    HIST: 1983 c 163 s 4; 1Sp1995 c 3 art 9 s 36; 1998 c 397 art 9 
 s 18,26 

     121A.66 Definitions. 

    Subdivision 1.    Application.  For the purposes of 
 providing instruction to children with a disability under 
 sections 125A.03 to 125A.24, 125A.26 to 125A.48, 125A.65, this 
 section, and section 121A.67, the following terms have the 
 meanings given them.  

    Subd. 2.    Aversive procedure.  "Aversive procedure" 
 means the planned application of an aversive stimulus. 

    Subd. 3.    Aversive stimulus.  "Aversive stimulus" 
 means an object that is used, or an event or situation that 
 occurs immediately after a specified behavior in order to 
 suppress that behavior.  

    Subd. 4.    Deprivation procedure.  "Deprivation 
 procedure" means the planned delay or withdrawal of goods, 
 services, or activities that the person would otherwise receive. 

    Subd. 5.    Emergency.  "Emergency" means a situation in 
 which immediate intervention is necessary to protect a pupil or 
 other individual from physical injury or to prevent property 
 damage.  

    HIST: 1988 c 554 s 1; 1990 c 495 s 1; 1991 c 265 art 3 s 38; 
 1994 c 647 art 13 s 11; 1998 c 397 art 9 s 26; art 11 s 3 

     121A.67 Aversive and deprivation procedures. 

    The state board must adopt rules governing the use of 
 aversive and deprivation procedures by school district employees 
 or persons under contract with a school district.  The rules 
 must: 

    (1) promote the use of positive approaches and must not 
 encourage or require the use of aversive or deprivation 
 procedures; 

    (2) require that planned application of aversive and 
 deprivation procedures be a part of an individual education 
 plan; 

    (3) require parents or guardians to be notified after the 
 use of aversive or deprivation procedures in an emergency; 

    (4) establish health and safety standards for the use of 
 time-out procedures that require a safe environment, continuous 
 monitoring of the child, ventilation, and adequate space; and 

    (5) contain a list of prohibited procedures. 

    HIST: 1988 c 554 s 2; 1990 c 495 s 2; 1998 c 397 art 9 s 19,26 

     121A.69 Hazing policy. 

    Subdivision 1.    Definitions.  (a) "Hazing" means 
 committing an act against a student, or coercing a student into 
 committing an act, that creates a substantial risk of harm to a 
 person in order for the student to be initiated into or 
 affiliated with a student organization. 

    (b) "Student organization" means a group, club, or 
 organization having students as its primary members or 
 participants. 

    Subd. 2.    Model policy.  The commissioner of children, 
 families, and learning shall maintain and make available to 
 school boards a model policy on student or staff hazing that 
 addresses the requirements of subdivision 3.  

    Subd. 3.    School board policy.  Each school board 
 shall adopt a written policy governing student or staff hazing.  
 The policy must apply to student behavior that occurs on or off 
 school property and during and after school hours.  The policy 
 must include reporting procedures and disciplinary consequences 
 for violating the policy.  Disciplinary consequences must be 
 sufficiently severe to deter violations and appropriately 
 discipline prohibited behavior.  Disciplinary consequences must 
 conform with sections 121A.41 to 121A.56.  Each school must 
 include the policy in the student handbook on school policies. 

    HIST: 1Sp1997 c 4 art 7 s 35; 1998 c 397 art 9 s 26; art 11 s 
 3 

     121A.70 Secret fraternities and societies. 

    Subdivision 1.    Membership regulated.  It is unlawful 
 for any pupil, registered and attending any public school to 
 join, become a member of, or to solicit any other pupil of any 
 public school to join, or become a member of, any secret 
 fraternity or society wholly or partially formed from the 
 membership of pupils attending any public schools or to take 
 part in the organization or formation of any fraternity or 
 society, except societies or associations sanctioned by the 
 district school board.  

    Subd. 2.    Penalties.  A school board may suspend or 
 dismiss any pupil from school, or prevent the pupil from 
 graduating or participating in school honors when, after 
 investigation, in the judgment of the board or a majority of its 
 membership, the pupil is guilty of violating any of the 
 provisions of this section or is guilty of violating any rule or 
 regulation adopted by the board for the purpose of governing its 
 schools, or enforcing this section.  

    Subd. 3.    "Rushing" or soliciting forbidden.  It is a 
 misdemeanor for any person, not a pupil of the schools, to be 
 upon school grounds, or to enter any school building, for the 
 purpose of "rushing" or soliciting any pupil of the schools to 
 join any fraternity, society, or association organized outside 
 of the schools.  The district court has jurisdiction of offenses 
 committed under this subdivision.  All persons found guilty 
 shall be fined not less than $2, nor more than $10, to be paid 
 to the county treasurer or, upon failure to pay the fine, to be 
 imprisoned for not more than ten days. 

    HIST: Ex1959 c 71 art 8 s 17; 1973 c 123 art 5 s 7; 1973 c 349 
 s 2; 1983 c 359 s 8; 1987 c 258 s 12; 1989 c 246 s 2; 1998 c 254 
 art 2 s 8; 1998 c 397 art 9 s 10-12,26; art 11 s 3 

     121A.72 School locker policy. 

    Subdivision 1.    Policy.  It is the policy of the state 
 of Minnesota that:  

    "School lockers are the property of the school district.  
 At no time does the school district relinquish its exclusive 
 control of lockers provided for the convenience of students.  
 Inspection of the interior of lockers may be conducted by school 
 authorities for any reason at any time, without notice, without 
 student consent, and without a search warrant.  The personal 
 possessions of students within a school locker may be searched 
 only when school authorities have a reasonable suspicion that 
 the search will uncover evidence of a violation of law or school 
 rules.  As soon as practicable after the search of a student's 
 personal possessions, the school authorities must provide notice 
 of the search to students whose lockers were searched unless 
 disclosure would impede an ongoing investigation by police or 
 school officials." 

    Subd. 2.    Dissemination.  The locker policy must be 
 disseminated to parents and students in the way that other 
 policies of general application to students are disseminated.  A 
 copy of the policy must be provided to a student the first time 
 that the student is given the use of a locker. 

    HIST: 1995 c 226 art 3 s 11; 1998 c 397 art 9 s 23,26