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Office of the Revisor of Statutes

CHAPTER 121A. STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR

Table of Sections
SectionHeadnote
121A.001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
121A.01DEFINITIONS.

DISCRIMINATION; HARASSMENT; VIOLENCE

121A.03MODEL POLICY.
121A.035CRISIS MANAGEMENT POLICY.
121A.037121A.037 SCHOOL SAFETY DRILLS.
121A.04ATHLETIC PROGRAMS; SEX DISCRIMINATION.
121A.05POLICY TO REFER FIREARMS POSSESSOR.
121A.06REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL ZONES.
121A.0695SCHOOL BOARD POLICY; PROHIBITING INTIMIDATION AND BULLYING.

MOMENT OF SILENCE; UNITED STATES FLAG

121A.10MOMENT OF SILENCE.
121A.11UNITED STATES FLAG.

STUDENT HEALTH AND SAFETY

121A.15HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.
121A.16EARLY CHILDHOOD HEALTH AND DEVELOPMENT SCREENING; PURPOSE.
121A.17SCHOOL BOARD RESPONSIBILITIES.
121A.18DATA USE.
121A.19DEVELOPMENTAL SCREENING AID.
121A.21SCHOOL HEALTH SERVICES.
121A.22ADMINISTRATION OF DRUGS AND MEDICINE.
121A.2205POSSESSION AND USE OF NONSYRINGE INJECTORS OF EPINEPHRINE; MODEL POLICY.
121A.221POSSESSION AND USE OF ASTHMA INHALERS BY ASTHMATIC STUDENTS.
121A.222POSSESSION AND USE OF NONPRESCRIPTION PAIN RELIEVERS BY SECONDARY STUDENTS.
121A.23PROGRAMS TO PREVENT AND REDUCE THE RISKS OF SEXUALLY TRANSMITTED INFECTIONS AND DISEASES.
121A.25CHEMICAL ABUSE PREASSESSMENT TEAMS; DEFINITIONS.
121A.26SCHOOL PREASSESSMENT TEAMS.
121A.27SCHOOL AND COMMUNITY ADVISORY TEAM.
121A.28LAW ENFORCEMENT RECORDS.
121A.29REPORTING; CHEMICAL ABUSE.
121A.30PESTICIDE APPLICATION AT SCHOOLS.
121A.31SAFETY REQUIREMENT GUIDELINES.
121A.32EYE PROTECTIVE DEVICES.
121A.34SCHOOL SAFETY PATROLS.
121A.36MOTORCYCLE SAFETY EDUCATION PROGRAM.

PUPIL FAIR DISMISSAL ACT

121A.40CITATION.
121A.41DEFINITIONS.
121A.42POLICY.
121A.43EXCLUSION AND EXPULSION OF PUPILS WITH A DISABILITY.
121A.44EXPULSION FOR POSSESSION OF FIREARM.
121A.45GROUNDS FOR DISMISSAL.
121A.46SUSPENSION PROCEDURES.
121A.47EXCLUSION AND EXPULSION PROCEDURES.
121A.48GOOD FAITH EXCEPTION.
121A.49APPEAL.
121A.50JUDICIAL REVIEW.
121A.51REPORTS TO SERVICE AGENCY.
121A.52NONAPPLICATION OF COMPULSORY ATTENDANCE LAW.
121A.53REPORT TO COMMISSIONER OF EDUCATION.
121A.54NOTICE OF RIGHT TO BE REINSTATED.
121A.55POLICIES TO BE ESTABLISHED.
121A.56APPLICATION.
121A.57Renumbered 121A.035
121A.575ALTERNATIVES TO PUPIL SUSPENSION.

DISCIPLINE; ALL STUDENTS

121A.58CORPORAL PUNISHMENT.
121A.582STUDENT DISCIPLINE; REASONABLE FORCE.
121A.585NOTICE OF RECORDING DEVICE ON A SCHOOL BUS.
121A.59BUS TRANSPORTATION A PRIVILEGE NOT A RIGHT.
121A.60DEFINITIONS.
121A.61DISCIPLINE AND REMOVAL OF STUDENTS FROM CLASS.
121A.62SCHOOL SITE MEDIATION BOARD.
121A.63OMBUDSPERSON SERVICE.
121A.64NOTIFICATION; TEACHERS' LEGITIMATE EDUCATIONAL INTEREST.
121A.65REVIEW OF POLICY.
121A.66DEFINITIONS.
121A.67AVERSIVE AND DEPRIVATION PROCEDURES.
121A.69HAZING POLICY.
121A.70SECRET FRATERNITIES AND SOCIETIES.
121A.72SCHOOL LOCKER POLICY.

JUVENILE JUSTICE DATA

121A.75RECEIPT OF RECORDS; SHARING.
121A.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
121A.01 DEFINITIONS.
For purposes of this chapter, the words defined in section 120A.05 have the same meaning.
History: Ex1959 c 71 art 7 s 1; 1998 c 397 art 9 s 26; art 11 s 3

DISCRIMINATION; HARASSMENT; VIOLENCE

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, and may encourage violence prevention and
character development education programs, consistent with section 120B.232, subdivision 1, to
prevent and reduce policy violations.
    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 chapter 363A. 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.
History: 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; 1Sp2005 c 5 art 2 s 25
121A.035 CRISIS MANAGEMENT POLICY.
    Subdivision 1. Model policy. The commissioner shall maintain and make available to school
boards and charter schools a model crisis management policy that includes, among other items,
school lock-down and tornado drills, consistent with subdivision 2, and school fire drills under
section 299F.30.
    Subd. 2. School district and charter school policy. A school board and a charter school
must adopt a crisis management policy to address potential violent crisis situations in the district
or charter school. The policy must be developed cooperatively with administrators, teachers,
employees, students, parents, community members, law enforcement agencies, other emergency
management officials, county attorney offices, social service agencies, emergency medical
responders, and any other appropriate individuals or organizations. The policy must include at
least five school lock-down drills, five school fire drills consistent with section 299F.30, and
one tornado drill.
History: 1999 c 241 art 9 s 6; 2006 c 263 art 2 s 6
121A.037 SCHOOL SAFETY DRILLS.
Private schools and educational institutions not subject to section 121A.035 must have at
least five school lock-down drills, five school fire drills consistent with section 299F.30, and
one tornado drill.
History: 2006 c 263 art 2 s 7
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 commissioner 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 commissioner 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.
History: 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; 1998 c 398 art 5 s 55; 2003 c 130 s 12
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.
History: 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. School districts must electronically report to the commissioner
of education incidents involving the use or possession of a dangerous weapon in school zones.
The form must 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 shall provide an electronic reporting format that allows school districts
to provide aggregate data.
    Subd. 3. Reports; filing requirements. By July 31 of each year, each public school shall
report incidents involving the use or possession of a dangerous weapon in school zones to the
commissioner. The reports must be submitted using the electronic reporting system 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 and the legislature.
History: 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; 1Sp2005 c 5 art 2 s 26,27
121A.0695 SCHOOL BOARD POLICY; PROHIBITING INTIMIDATION AND
BULLYING.
Each school board shall adopt a written policy prohibiting intimidation and bullying of
any student.
History: 1Sp2005 c 5 art 2 s 28

MOMENT OF SILENCE; UNITED STATES FLAG

121A.10 MOMENT OF SILENCE.
A moment of silence may be observed.
History: 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.
    Subd. 3. Pledge of Allegiance. (a) All public and charter school students shall recite the
Pledge of Allegiance to the flag of the United States of America one or more times each week.
The recitation shall be conducted:
(1) by each individual classroom teacher or the teacher's surrogate; or
(2) over a school intercom system by a person designated by the school principal or other
person having administrative control over the school.
A local school board or a charter school board of directors may annually, by majority vote,
waive this requirement.
(b) Any student or teacher may decline to participate in recitation of the pledge.
(c) A school district or charter school that has a student handbook or school policy guide
must include a statement that anyone who does not wish to participate in reciting the Pledge of
Allegiance for any personal reasons may elect not to do so and that students must respect another
person's right to make that choice.
(d) A local school board or a charter school board of directors that waives the requirement
to recite the Pledge of Allegiance under paragraph (a) may adopt a district or school policy
regarding the reciting of the Pledge of Allegiance.
    Subd. 4. Instruction. Unless the requirement in subdivision 3 is waived by a majority vote
of the school board, a school district must instruct students in the proper etiquette toward, correct
display of, and respect for the flag, and in patriotic exercises.
History: Ex1959 c 71 art 7 s 14; 1998 c 397 art 9 s 4,26; 2003 c 120 s 1,2

STUDENT HEALTH AND SAFETY

121A.15 HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.
    Subdivision 1. School and child care facility immunization requirements. 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.
(g) If a person who is not a Minnesota resident enrolls in a Minnesota school online learning
course or program that delivers instruction to the person only by computer and does not provide
any teacher or instructor contact time or require classroom attendance, the person is not subject to
the immunization, statement, and other requirements of this section.
    Subd. 3a. Disclosures required. (a) This paragraph applies to any written information about
immunization requirements for enrollment in a school or child care facility that:
(1) is provided to a person to be immunized or enrolling or enrolled in a school or child
care facility, or to the person's parent or guardian if the person is under 18 years of age and
not emancipated; and
(2) is provided by the Department of Health; the Department of Education; the Department
of Human Services; an immunization provider; or a school or child care facility.
Such written information must describe the exemptions from immunizations permitted under
subdivision 3, paragraphs (c) and (d). The information on exemptions from immunizations
provided according to this paragraph must be in a font size at least equal to the font size of the
immunization requirements, in the same font style as the immunization requirements, and on the
same page of the written document as the immunization requirements.
(b) Before immunizing a person, an immunization provider must provide the person, or the
person's parent or guardian if the person is under 18 years of age and not emancipated, with the
following information in writing:
(1) a list of the immunizations required for enrollment in a school or child care facility;
(2) a description of the exemptions from immunizations permitted under subdivision 3,
paragraphs (c) and (d);
(3) a list of additional immunizations currently recommended by the commissioner; and
(4) in accordance with federal law, a copy of the vaccine information sheet from the
federal Department of Health and Human Services that lists possible adverse reactions to the
immunization to be provided.
(c) The commissioner will continue the educational campaign to providers and hospitals on
vaccine safety including, but not limited to, information on the vaccine adverse events reporting
system (VAERS), the federal vaccine information statements (VIS), and medical precautions and
contraindications to immunizations.
(d) The commissioner will encourage providers to provide the vaccine information
statements at multiple visits and in anticipation of subsequent immunizations.
(e) The commissioner will encourage providers to use existing screening for immunization
precautions and contraindication materials and make proper use of the vaccine adverse events
reporting system (VAERS).
(f) In consultation with groups and people identified in subdivision 12, paragraph (a), clause
(1), the commissioner will continue to develop and make available patient education materials on
immunizations including, but not limited to, contraindications and precautions regarding vaccines.
(g) The commissioner will encourage health care providers to use thimerosal-free vaccines
when available.
    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 onetime 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.[Repealed, 1Sp2001 c 9 art 1 s 62]
    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 postsecondary
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 postsecondary 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 education 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
education 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 education 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 onetime 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) 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.
(b) 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.
(c) The requirement for hepatitis B vaccination shall apply to persons enrolling in
kindergarten beginning with the 2000-2001 school term.
(d) 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.
    Subd. 12. Modifications to schedule. (a) The commissioner of health may adopt
modifications to the immunization requirements of this section. A proposed modification
made under this subdivision must be part of the current immunization recommendations
of each of the following organizations: the United States Public Health Service's Advisory
Committee on Immunization Practices, the American Academy of Family Physicians, and the
American Academy of Pediatrics. In proposing a modification to the immunization schedule, the
commissioner must:
(1) consult with (i) the commissioner of education; the commissioner of human services;
the chancellor of the Minnesota State Colleges and Universities; and the president of the
University of Minnesota; and (ii) the Minnesota Natural Health Coalition, Vaccine Awareness
Minnesota, Biological Education for Autism Treatment (BEAT), the Minnesota Academy of
Family Physicians, the American Academy of Pediatrics-Minnesota Chapter, and the Minnesota
Nurses Association; and
(2) consider the following criteria: the epidemiology of the disease, the morbidity and
mortality rates for the disease, the safety and efficacy of the vaccine, the cost of a vaccination
program, the cost of enforcing vaccination requirements, and a cost-benefit analysis of the
vaccination.
(b) Before a proposed modification may be adopted, the commissioner must notify the
chairs of the house and senate committees with jurisdiction over health policy issues. If the
chairs of the relevant standing committees determine a public hearing regarding the proposed
modifications is in order, the hearing must be scheduled within 60 days of receiving notice from
the commissioner. If a hearing is scheduled, the commissioner may not adopt any proposed
modifications until after the hearing is held.
(c) The commissioner shall comply with the requirements of chapter 14 regarding the
adoption of any proposed modifications to the immunization schedule.
(d) In addition to the publication requirements of chapter 14, the commissioner of health
must inform all immunization providers of any adopted modifications to the immunization
schedule in a timely manner.
History: 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; 1Sp2001 c 9 art 1 s 24,25; 2002 c 379 art 1 s 113; 2003 c 130 s 12; 2004 c 279 art 10 s 1,2;
1Sp2005 c 5 art 2 s 29; 2006 c 263 art 7 s 2
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 disabilities,
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.
History: 1977 c 437 s 1; 1994 c 465 art 2 s 1; 1998 c 397 art 3 s 103; art 11 s 3; 2005 c 56 s 1
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 at
least once before school entrance, targeting children who are between three 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. A student identification number, as defined
by the commissioner of education, shall be assigned at the time of early childhood developmental
screening or at the time of the provision of health records indicating a comparable screening. Each
school district must provide the essential data in accordance with section 125B.07, subdivision
6
, to the Department of Education. Districts are encouraged to reduce the costs of preschool
developmental screening programs by utilizing volunteers and public or private health care
organizations or individual health care providers 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 a developmental
screening or provide health records indicating that the child received a comparable developmental
screening from a public or private health care organization or individual health care provider not
later than 30 days after the first day of attending kindergarten in a public school. A school district
must inform all resident families with eligible children under age seven that their children may
receive a developmental screening conducted either by the school district or by a public or private
health care organization or individual health care provider.
    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.
History: 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; 1Sp2005 c 5 art 7 s 1,2
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.
History: 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 for each child or student screened by the
district according to the requirements of section 121A.17. The amount of state aid for each child
or student screened shall be: (1) $50 for a child screened at age three; (2) $40 for a child screened
at age four; (3) $30 for a child screened at age five or six prior to kindergarten; and (4) $30 for a
student screened within 30 days after first enrolling in a public school kindergarten if the student
has not previously been 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. Developmental screening aid shall not be paid for any student
who is screened more than 30 days after the first day of attendance at a public school kindergarten,
except if a student transfers to another public school kindergarten within 30 days after first
enrolling in a Minnesota public school kindergarten program. In this case, if the student has not
been screened, the district to which the student transfers may receive developmental screening aid
for screening that student when the screening is performed within 30 days of the transfer date.
History: 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;
1999 c 205 art 1 s 40; 1Sp2005 c 5 art 7 s 3; 2006 c 282 art 2 s 5
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 disabled, 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;
(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.
History: 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; 1Sp2003 c 9 art 12 s 2; 2005 c 56 s 1
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 that are:
(1) purchased without a prescription;
(2) used by a pupil who is 18 years old or older;
(3) used in connection with services for which a minor may give effective consent, including
section 144.343, subdivision 1, and any other law;
(4) 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) used off the school grounds;
(6) used in connection with athletics or extra curricular activities;
(7) used in connection with activities that occur before or after the regular school day;
(8) provided or administered by a public health agency to prevent or control an illness or a
disease outbreak as provided for in sections 144.05 and 144.12;
(9) prescription asthma or reactive airway disease medications self-administered by a pupil
with an asthma inhaler if the district has received a written authorization from the pupil's parent
permitting the pupil to self-administer the medication, the inhaler is properly labeled for that
student, and the parent has not requested school personnel to administer the medication to the
pupil. The parent must submit written authorization for the pupil to self-administer the medication
each school year; or
(10) prescription nonsyringe injectors of epinephrine, consistent with section 121A.2205, if
the parent and prescribing medical professional annually inform the pupil's school in writing that
(i) the pupil may possess the epinephrine or (ii) the pupil is unable to possess the epinephrine and
requires immediate access to nonsyringe injectors of epinephrine that the parent provides properly
labeled to the school for the pupil as needed.
    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
commissioner 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.
History: 1988 c 626 s 2; 1991 c 265 art 3 s 38; 1998 c 397 art 3 s 103; art 11 s 3; 1998 c
398 art 5 s 55; 2001 c 84 s 1; 2003 c 130 s 12; 2004 c 294 art 2 s 6
121A.2205 POSSESSION AND USE OF NONSYRINGE INJECTORS OF EPINEPHRINE;
MODEL POLICY.
(a) At the start of each school year or at the time a student enrolls in school, whichever is
first, a student's parent, school staff, including those responsible for student health care, and the
prescribing medical professional must develop and implement an individualized written health
plan for a student who is prescribed nonsyringe injectors of epinephrine that enables the student to:
(1) possess nonsyringe injectors of epinephrine; or
(2) if the parent and prescribing medical professional determine the student is unable to
possess the epinephrine, have immediate access to nonsyringe injectors of epinephrine in close
proximity to the student at all times during the instructional day.
The plan must designate the school staff responsible for implementing the student's health
plan, including recognizing anaphylaxis and administering nonsyringe injectors of epinephrine
when required, consistent with section 121A.22, subdivision 2, clause (10). This health plan may
be included in a student's 504 plan.
(b) A school under this section is a public school under section 120A.22, subdivision 4, or a
nonpublic school, excluding a home school, under section 120A.22, subdivision 4, that is subject
to the federal Americans with Disabilities Act. Other nonpublic schools are encouraged to develop
and implement an individualized written health plan for students requiring nonsyringe injectors of
epinephrine, consistent with this section and section 121A.22, subdivision 2, clause (10).
(c) A school district and its agents and employees are immune from liability for any act or
failure to act, made in good faith, in implementing this section.
(d) The education commissioner may develop and transmit to interested schools a model
policy and individualized health plan form consistent with this section and federal 504 plan
requirements. The policy and form may:
(1) assess a student's ability to safely possess nonsyringe injectors of epinephrine;
(2) identify staff training needs related to recognizing anaphylaxis and administering
epinephrine when needed;
(3) accommodate a student's need to possess or have immediate access to nonsyringe injectors
of epinephrine in close proximity to the student at all times during the instructional day; and
(4) ensure that the student's parent provides properly labeled nonsyringe injectors of
epinephrine to the school for the student as needed.
(e) Additional nonsyringe injectors of epinephrine may be available in school first aid kits.
(f) The school board of the school district must define instructional day for the purposes
of this section.
History: 2004 c 294 art 2 s 7
121A.221 POSSESSION AND USE OF ASTHMA INHALERS BY ASTHMATIC
STUDENTS.
(a) In a school district that employs a school nurse or provides school nursing services
under another arrangement, the school nurse or other appropriate party must assess the student's
knowledge and skills to safely possess and use an asthma inhaler in a school setting and enter into
the student's school health record a plan to implement safe possession and use of asthma inhalers.
(b) In a school that does not have a school nurse or school nursing services, the student's
parent or guardian must submit written verification from the prescribing professional that
documents an assessment of the student's knowledge and skills to safely possess and use an
asthma inhaler in a school setting has been completed.
History: 2001 c 84 s 2
121A.222 POSSESSION AND USE OF NONPRESCRIPTION PAIN RELIEVERS BY
SECONDARY STUDENTS.
A secondary student may possess and use nonprescription pain relief in a manner consistent
with the labeling, if the district has received a written authorization from the student's parent or
guardian permitting the student to self-administer the medication. The parent or guardian must
submit written authorization for the student to self-administer the medication each school year.
The district may revoke a student's privilege to possess and use nonprescription pain relievers if
the district determines that the student is abusing the privilege. This section does not apply to
the possession or use of any drug or product containing ephedrine or pseudoephedrine as its sole
active ingredient or as one of its active ingredients.
History: 2005 c 126 s 1
121A.23 PROGRAMS TO PREVENT AND REDUCE THE RISKS OF SEXUALLY
TRANSMITTED INFECTIONS AND DISEASES.
    Subdivision 1. Sexually transmitted infections and diseases program. The commissioner
of education, in consultation with the commissioner of health, shall assist districts in developing
and implementing a program to prevent and reduce the risk of sexually transmitted infections and
diseases, including but not exclusive to human immune deficiency virus and human papilloma
virus. 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 that includes helping
students to abstain from sexual activity until marriage;
(3) cooperation and coordination among districts and SCs;
(4) a targeting of adolescents, especially those who may be at high risk of contracting
sexually transmitted infections and diseases, 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 a sexually transmitted infection
and disease prevention or sexually transmitted infection and disease risk reduction program;
(8) collaboration with local community health services, agencies and organizations having
a sexually transmitted infection and disease prevention or sexually transmitted infection and
disease 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
sexually transmitted infection and disease, 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 sexually transmitted infection
and disease prevention 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.
History: 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; 1999 c 241 art 2 s 1; 2003 c 130 s 12
121A.25 CHEMICAL ABUSE PREASSESSMENT TEAMS; DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 121A.26 to
121A.29 and 121A.61, subdivision 3.
    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.
History: 1987 c 295 s 1; 1998 c 397 art 9 s 26; art 11 s 3; 2000 c 254 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.
History: 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.
History: 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, 152.0262, 152.027, 152.092, 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.
History: 1988 c 691 s 3; 1991 c 199 art 1 s 33; 1998 c 397 art 9 s 26; 2001 c 18 s 1;
2005 c 136 art 7 s 21
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.
History: 1987 c 295 s 4; 1988 c 691 s 4; 1998 c 397 art 9 s 26
121A.30 PESTICIDE APPLICATION AT SCHOOLS.
    Subdivision 1. Parents' Right-to-Know Act. Subdivisions 2 to 14 may be cited as the Janet
B. Johnson Parents' Right-to-Know Act of 2000.
    Subd. 2. Pesticide application notification. A school that plans to apply a pesticide which is
a toxicity category I, II, or III pesticide product, as classified by the United States Environmental
Protection Agency, or a restricted use pesticide, as designated under the Federal Insecticide,
Fungicide, and Rodenticide Act, on school property, must provide a notice to parents and
employees that it applies such pesticides. The notice required under subdivision 3 must:
(1) provide that an estimated schedule of the pesticide applications is available for review or
copying at the school offices where such pesticides are applied;
(2) state that long-term health effects on children from the application of such pesticides or
the class of chemicals to which they belong may not be fully understood;
(3) inform parents that a parent may request to be notified by the school in the manner
specified in subdivision 6 before any application of a pesticide listed in this subdivision.
    Subd. 3. Notice; timing; distribution. The notice must be provided no later than September
15 of each school year during which pesticides listed in subdivision 2 are planned to be applied.
The notice may be included with other notices provided by the school, but must be separately
identified and clearly visible to the reader.
    Subd. 4. School handbook or statement of policies. In addition to the notice provided
according to subdivision 3, a school that is required to provide notice under this section shall
include in an official school handbook or official school policy guide of a general nature a section
informing parents that an estimated schedule of applications of pesticides listed in subdivision 2 is
available for review or copying at the school offices, and that a parent may receive prior notice
of each application if specifically requested.
    Subd. 5. Notice availability. A school that uses a pesticide listed in subdivision 2 must keep
a copy of all notifications required under subdivisions 2 and 3 for at least six years in a manner
available to the public.
    Subd. 6. Notification for individual parents. A parent of a student at a school may request
that the school principal or other person having general control and supervision of the school
notify the parent prior to the application of any pesticides listed in subdivision 2 at the school on a
day different from the days specified in the notice under subdivision 3. The school principal or
other person having general control and supervision of the school must provide reasonable notice
to a parent who has requested such notification prior to applying such pesticides. The notice may
be waived for emergency applications required only by appropriate state or local health officials.
The notice must include the pesticide to be applied, the time of the planned application, and
the location at the school of the planned application. A school may request reimbursement for
the school's reasonable costs of providing notice under this subdivision, including any costs of
mailing, from individuals requesting notification under this subdivision.
    Subd. 7. Model notice. The Department of Health, in consultation with the Department of
Education, the Pollution Control Agency, and University of Minnesota Extension Service, shall
develop and make available to schools by August 1, 2000, a model notice in a form that can be
used by a school if it chooses to do so. The model notice must include the information required by
this section. The Department of Health must provide an opportunity for environmental groups,
interested parents, public health organizations, and other parties to work with the department in
developing the model notice.
    Subd. 8. Plan. A school is not required to adopt an integrated pest management plan. A
school board may only notify students, parents, or employees that it has adopted an integrated
pest management plan if the plan is a managed pest control program designed to minimize the
risk to human health and the environment and to reduce the use of chemical pesticides, and which
ranks the district's response to pests in the following manner:
(1) identifying pests which need to be controlled;
(2) establishing tolerable limits of each identified pest;
(3) designing future buildings and landscapes to prevent identified pests;
(4) excluding identified pests from sites and buildings using maintenance practices;
(5) adapting cleaning activities and best management practices to minimize the number of
pests;
(6) using mechanical methods of controlling identified pests; and
(7) controlling identified pests using the least toxic pesticides with the least exposure
to persons as is practicable.
    Subd. 9. Pesticide defined; cleaning products excluded. For purposes of this section, the
term "pesticide" has the meaning given it in section 18B.01, subdivision 18, except that it does
not include any disinfectants, sanitizers, deodorizers, or antimicrobial agents used for general
cleaning purposes.
    Subd. 10. Pest defined. For purposes of this section, the term "pest" has the meaning given it
in section 18B.01, subdivision 17.
    Subd. 11. School defined. For the purposes of this section, "school" means a school as
defined in section 120A.22, subdivision 4, excluding home schools.
    Subd. 12. Immunity from liability. No cause of action may be brought against a school
district, a school, or the districts or school's employees or agents for any failure to comply with
the requirements under this section.
    Subd. 13. Evidence of failure to comply excluded. A failure to comply with the
requirements of this section may not be presented as evidence in any lawsuit based upon physical
injury resulting from exposure to pesticides applied at a school.
    Subd. 14. No special rights. Nothing in this section affects the duty of a parent or a student
to comply with the compulsory attendance law or the duty of a school employee to comply with
the provisions of an applicable employment contract or policy.
History: 1986 c 444; 2000 c 489 art 7 s 1; 2003 c 130 s 12; 1Sp2005 c 1 art 2 s 161
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.
History: 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.
History: 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.
    Subd. 5. Belts and other accessories. Notwithstanding Minnesota Rules, part 7415.0300,
vests, sashes, ponchos, and Sam Browne belts worn by school safety patrol members may be
fluorescent yellow, fluorescent yellow-green, or blaze orange.
    Subd. 6. School safety patrol flags. Notwithstanding any rule of the commissioner of public
safety, school safety patrol flags may be (1) blaze orange with a yellow octagon bearing the word
"Stop" in black letters, or (2) fluorescent yellow or fluorescent yellow-green with an octagon of
sharply contrasting color bearing the word "Stop" in black letters.
History: 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; 2004 c 294 art 1 s 1,2
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
education. 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 education, 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 education 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) not more than five percent shall be expended to defray the administrative costs of
carrying out the purposes of subdivisions 1 and 2; and
(2) not more than 65 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.
History: 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; 1999 c 238 art 2 s 1; 2003 c 130 s 12

PUPIL FAIR DISMISSAL ACT

121A.40 CITATION.
Sections 121A.40 to 121A.56 may be cited as the "Pupil Fair Dismissal Act."
History: 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.
Consistent with section 125A.091, subdivision 5, the readmission plan must not obligate a parent
to provide a sympathomimetic medication for the parent's child as a condition of readmission.
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 student with a disability, the student's
individual education plan team must meet immediately but not more than ten school days after the
date on which the decision to remove the student from the student's current education placement
is made. The individual education plan team and other qualified personnel shall at that meeting:
conduct a review of the relationship between the child's disability and the behavior subject to
disciplinary action; and determine the appropriateness of the child's education plan.
The requirements of the individual education plan team meeting apply when:
(1) the parent requests a meeting;
(2) the student is removed from the student's current placement for five or more consecutive
days; or
(3) the student's total days of removal from the student's placement during the school
year exceed ten cumulative days in a school year. 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.
History: 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; 1999 c 123 s 1; 1Sp2001 c 6
art 3 s 1; 1Sp2003 c 9 art 3 s 1; 1Sp2005 c 5 art 11 s 2
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.
History: 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 pupil's individual education plan
and conduct a review of the relationship between the pupil's disability and the behavior subject
to disciplinary action and determine the appropriateness of the pupil's education plan before
commencing an expulsion or exclusion.
History: 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;
1999 c 123 s 2; 1999 c 241 art 2 s 2
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.
History: 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 significantly disrupts the rights of others to an education, or the ability
of school personnel to perform their duties, or school sponsored extracurricular activities; or
(c) willful conduct that endangers the pupil or other pupils, or surrounding persons, including
school district employees, or property of the school.
    Subd. 3. Parent notification and meeting. If a pupil's total days of removal from school
exceeds ten cumulative days in a school year, the school district shall make reasonable attempts
to convene a meeting with the pupil and the pupil's parent or guardian before subsequently
removing the pupil from school and, with the permission of the parent or guardian, arrange for
a mental health screening for the pupil. The district is not required to pay for the mental health
screening. The purpose of this meeting is to attempt to determine the pupil's need for assessment
or other services or whether the parent or guardian should have the pupil assessed or diagnosed to
determine whether the pupil needs treatment for a mental health disorder.
History: 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; 2001 c 183 s 1,2; 2004 c 294 art 2 s 8
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.
History: 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 Education;
(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 education of the basis
and reason for the decision.
    Subd. 14. Admission or readmission plan. (a) 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, including completing a character
education program, consistent with section 120B.232, subdivision 1, 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.
(b) The definition of suspension under section 121A.41, subdivision 10, does not apply to
a student's dismissal from school for one school day or less, except as provided under federal
law for a student with a disability. Each suspension action may include a readmission plan. A
readmission plan must provide, where appropriate, alternative education services, which must
not be used to extend the student's current suspension period. Consistent with section 125A.091,
subdivision 5
, a readmission plan must not obligate a parent or guardian to provide psychotropic
drugs to their student as a condition of readmission. School officials must not use the refusal of a
parent or guardian to consent to the administration of psychotropic drugs to their student or to
consent to a psychiatric evaluation, screening or examination of the student as a ground, by itself,
to prohibit the student from attending class or participating in a school-related activity, or as a
basis of a charge of child abuse, child neglect or medical or educational neglect.
History: 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; 2003 c 130 s
12; 1Sp2005 c 5 art 2 s 30
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.
History: 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 education 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.
History: 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; 2003 c 130 s 12
121A.50 JUDICIAL REVIEW.
The decision of the commissioner of education 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.
History: 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; 2003 c 130 s 12
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.
History: 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.
History: 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 EDUCATION.
    Subdivision 1. Exclusions and expulsions. The school board must report through the
department electronic reporting system each exclusion or expulsion within 30 days of the
effective date of the action to the commissioner of education. This report must include a statement
of alternative educational services given the pupil and the reason for, the effective date, and the
duration of the exclusion or expulsion. The report must also include the student's age, grade,
gender, race, and special education status.
    Subd. 2. Report. The school board must include state student identification numbers of
affected pupils on all dismissal reports required by the department. The department must report
annually to the commissioner summary data on the number of dismissals by age, grade, gender,
race, and special education status of the affected pupils. All dismissal reports must be submitted
through the department electronic reporting system.
History: 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; 2003 c 130 s 12; 1Sp2005 c 5 art 2 s 31
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.
History: 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 education shall promulgate guidelines to assist each school board.
Each school board shall establish uniform criteria for dismissal and adopt written policies and
rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies shall emphasize
preventing dismissals through early detection of problems and shall be designed to address
students' inappropriate behavior from recurring. The policies shall recognize the continuing
responsibility of the school for the education of the pupil during the dismissal period. The
alternative educational services, if the pupil wishes to take advantage of them, must be adequate
to allow the pupil to make progress towards meeting the graduation standards adopted under
section 120B.02 and help prepare the pupil for readmission.
(b) An area learning center under section 123A.05 may not prohibit an expelled or excluded
pupil from enrolling solely because a district expelled or excluded the pupil. The board of the area
learning center may use the provisions of the Pupil Fair Dismissal Act to exclude a pupil or to
require an admission plan.
(c) Each school district shall develop a policy and report it to the commissioner on the
appropriate use of peace officers and crisis teams to remove students who have an individualized
education plan from school grounds.
History: 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; 1Sp2003 c
9 art 2 s 4
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 363A.13,
subdivision 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.
History: 1974 c 572 s 14,15; 1998 c 397 art 9 s 26; art 11 s 3
121A.57 [Renumbered 121A.035]
121A.575 ALTERNATIVES TO PUPIL SUSPENSION.
Notwithstanding any law to the contrary and in accordance with sections 121A.40 to
121A.56, after a school administration notifies a pupil of the grounds for suspension, the school
administration may, instead of imposing the suspension, do one or more of the following:
(1) strongly encourage a parent or guardian of the pupil to attend school with the pupil
for one day;
(2) assign the pupil to attend school on Saturday as supervised by the principal or the
principal's designee; and
(3) petition the juvenile court that the student is in need of services under chapter 260C.
History: 1Sp2005 c 5 art 2 s 32

DISCIPLINE; ALL STUDENTS

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.
History: 1989 c 114 s 1; 1990 c 382 s 1; 1998 c 397 art 9 s 20,26
121A.582 STUDENT DISCIPLINE; REASONABLE FORCE.
    Subdivision 1. Reasonable force standard. (a) A teacher or school principal, in exercising
the person's lawful authority, may use reasonable force when it is necessary under the
circumstances to correct or restrain a student or prevent bodily harm or death to another.
(b) A school employee, school bus driver, or other agent of a district, in exercising the
person's lawful authority, may use reasonable force when it is necessary under the circumstances
to restrain a student or prevent bodily harm or death to another.
(c) Paragraphs (a) and (b) do not authorize conduct prohibited under sections 121A.58 and
121A.67.
    Subd. 2. Civil liability. (a) A teacher or school principal who, in the exercise of the person's
lawful authority, uses reasonable force under the standard in subdivision 1, paragraph (a), has a
defense against a civil action for damages under section 123B.25.
(b) A school employee, bus driver, or other agent of a district who, in the exercise of the
person's lawful authority, uses reasonable force under the standard in subdivision 1, paragraph (b),
has a defense against a civil action for damages under section 123B.25.
    Subd. 3. Criminal prosecution. (a) A teacher or school principal who, in the exercise of the
person's lawful authority, uses reasonable force under the standard in subdivision 1, paragraph (a),
has a defense against a criminal prosecution under section 609.06, subdivision 1.
(b) A school employee, bus driver, or other agent of a district who, in the exercise of the
person's lawful authority, uses reasonable force under the standard in subdivision 1, paragraph (b),
has a defense against a criminal prosecution under section 609.06, subdivision 1.
    Subd. 4. Supplementary rights and defenses. Any right or defense in this section is
supplementary to those specified in section 121A.58, 121A.67, 123B.25, or 609.06, subdivision 1.
History: 2000 c 489 art 6 s 3; 1Sp2001 c 6 art 2 s 6
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.
History: 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 101-336, are governed by these provisions.
History: 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.
History: 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 in consultation with administrators, teachers, employees, pupils, parents,
community members, law enforcement agencies, county attorney offices, social service agencies,
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 under the
procedures specified in the policy. The policy must include a procedure for notifying and meeting
with a student's parent or guardian to discuss the problem that is causing the student to be
removed from class after the student has been removed from class more than ten times in one
school year. 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 that significantly disrupts the rights of others to an education, including
conduct that interferes with a teacher's ability to teach or communicate effectively with students
in a class or with the ability of other students to learn;
(b) willful conduct that endangers surrounding persons, including 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;
(o) procedures for immediate and appropriate interventions tied to violations of the code;
(p) a provision that states that a teacher, school employee, school bus driver, or other agent
of a district may use reasonable force in compliance with section 121A.582 and other laws; and
(q) an agreement regarding procedures to coordinate crisis services to the extent funds are
available with the county board responsible for implementing sections 245.487 to 245.4887 for
students with a serious emotional disturbance or other students who have an individualized
education plan whose behavior may be addressed by crisis intervention.
History: 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; 1999 c 241 art 9 s 5; 2000 c 489 art 6 s 4; 2001 c 183 s 3; 1Sp2003 c 9
art 2 s 5; 1Sp2003 c 14 art 11 s 11
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.
History: 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.
History: 1Sp1995 c 3 art 9 s 34; 1998 c 397 art 9 s 16,26
121A.64 NOTIFICATION; TEACHERS' LEGITIMATE EDUCATIONAL INTEREST.
(a) A classroom teacher has a legitimate educational interest in knowing which students
placed in the teacher's classroom have a history of violent behavior and must be notified before
such students are placed in the teacher's classroom.
(b) Representatives of the school board and the exclusive representative of the teachers
shall discuss issues related to the model policy on student records adopted under Laws 1999,
chapter 241, article 9, section 50, and any modifications adopted under Laws 2003, First Special
Session chapter 9, for notifying classroom teachers and other school district employees having a
legitimate educational interest in knowing about students with a history of violent behavior placed
in classrooms. The representatives of the school board and the exclusive representative of the
teachers also may discuss the need for intervention services or conflict resolution or training for
staff related to placing students with a history of violent behavior in teachers' classrooms.
History: 1Sp1995 c 3 art 9 s 35; 1998 c 397 art 9 s 17,26; 1Sp2003 c 9 art 2 s 6
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.
History: 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 serious
property damage.
    Subd. 6. Positive behavioral interventions and supports. "Positive behavioral interventions
and supports" means those strategies used to improve the school environment and teach pupils
skills likely to increase pupil ability to exhibit appropriate behaviors.
    Subd. 7. Time-out. "Time-out" means:
(1) a contingent observation, which is not a regulated intervention, and involves instructing
the pupil to leave the school activity during the school day and not participate for a period of time,
but to observe the activity and listen to the discussion from a time-out area within the same setting;
(2) an exclusionary time-out, which is not a regulated intervention, and involves instructing
the pupil to leave the school activity during the school day and not participate in or observe the
classroom activity, but to go to another area from which the pupil may leave; or
(3) a locked time-out, which is a regulated intervention, and involves involuntarily removing
the pupil from the school activity during the school day and placing the pupil in a specially
designed and continuously supervised isolation room that the pupil is prevented from leaving.
History: 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; 1Sp2005 c 5 art 3 s 1-3
121A.67 AVERSIVE AND DEPRIVATION PROCEDURES.
    Subdivision 1. Rules. The commissioner, after consultation with interested parent
organizations and advocacy groups, the Minnesota Administrators for Special Education, the
Minnesota Association of School Administrators, Education Minnesota, the Minnesota School
Boards Association, the Minnesota Police Officers Association, a representative of a bargaining
unit that represents paraprofessionals, the Elementary School Principals Association, and the
Secondary School Principals Association, must amend 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 behavioral interventions and supports and must not encourage
or require the use of aversive or deprivation procedures;
(2) require that planned application of aversive and deprivation procedures only be instituted
after completing a functional behavior assessment and developing a behavior intervention plan
that is included in or maintained with the individual education plan;
(3) require educational personnel to notify a parent or guardian of a pupil with an individual
education plan on the same day aversive or deprivation procedures are used in an emergency or in
writing within two school days if district personnel are unable to provide same-day notice;
(4) establish health and safety standards for the use of locked time-out procedures that
require a safe environment, continuous monitoring of the child, ventilation, adequate space, a
locking mechanism that disengages automatically when not continuously engaged by school
personnel, and full compliance with state and local fire and building codes, including state rules
on time-out rooms;
(5) contain a list of prohibited procedures;
(6) consolidate and clarify provisions related to behavior intervention plans;
(7) require school districts to register with the commissioner any room used for locked
time-out, which the commissioner must monitor by making announced and unannounced on-site
visits;
(8) place a student in locked time-out only if the intervention is:
(i) part of the comprehensive behavior intervention plan that is included in or maintained
with the student's individual education plan, and the plan uses positive behavioral interventions
and supports, and data support its continued use; or
(ii) used in an emergency for the duration of the emergency only; and
(9) require a providing school district or cooperative to establish an oversight committee
composed of at least one member with training in behavioral analysis and other appropriate
education personnel to annually review aggregate data regarding the use of aversive and
deprivation procedures.
    Subd. 2. Removal by peace officer. If a pupil who has an individual education plan is
restrained or removed from a classroom, school building, or school grounds by a peace officer at
the request of a school administrator or a school staff person during the school day twice in a
30-day period, the pupil's individual education program team must meet to determine if the pupil's
individual education plan is adequate or if additional evaluation is needed.
History: 1988 c 554 s 2; 1990 c 495 s 2; 1998 c 397 art 9 s 19,26; 1998 c 398 art 5 s
55; 1Sp2005 c 5 art 3 s 4
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 education 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.
History: 1Sp1997 c 4 art 7 s 35; 1998 c 397 art 9 s 26; art 11 s 3; 2003 c 130 s 12
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.
History: 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.
History: 1995 c 226 art 3 s 11; 1998 c 397 art 9 s 23,26

JUVENILE JUSTICE DATA

121A.75 RECEIPT OF RECORDS; SHARING.
    Subdivision 1. Definitions. (a) For purposes of this section "principal" means a principal or
other person having general administrative control and supervision of a school.
(b) For purposes of this section, "school" means a public school under section 120A.22,
subdivision 4
; a nonpublic school under section 120A.22, subdivision 4, that elects to comply
with this section; and a charter school under section 124D.10, but does not mean a home school.
    Subd. 2. Disposition orders. (a) On receipt of a disposition order under section 260B.171,
subdivision 3
, the superintendent of the student's school district or chief administrative officer
of the student's school must immediately transmit the order to the principal of the school where
the student is in attendance. The principal must place the disposition order in the student's
permanent education record. The principal must also immediately notify any counselor directly
supervising or reporting on the behavior or progress of the student. In addition, the principal must
immediately notify any teacher or administrator who directly supervises or reports on the behavior
or progress of the student whom the principal believes needs the data to work with the student in
an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from
needless vulnerability. The principal may also notify other district employees, substitutes, and
volunteers who are in direct contact with the student, if they determine these individuals need the
data to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to
protect other persons from needless vulnerability. When provided in the disposition order, the
notice given under this paragraph by the principal must identify the student, outline the offense,
and describe any conditions of probation about which the school must provide information.
(b) Information received under this subdivision is private data on individuals as defined in
section 13.32 and is received for the limited purpose of serving the educational needs of the
student and protecting students or staff. The data may not be further disseminated by the teacher,
counselor, staff member, administrator, substitute, or volunteer, except as necessary to serve the
student, to protect students or staff, or as otherwise required by law, and only to the following
persons:
(1) the student; or
(2) the student's parent or guardian.
(c) If a student is removed from school as part of the disposition order, the superintendent of
the student's school district or chief administrative officer of the student's school must maintain
the copy of the order in a secure file and shall notify the principal when the student is returned to
school. If the student is returned to a different school district or school, the student's probation
officer must send a copy of the disposition order to the superintendent of the new school district
or the chief administrative officer of the new school.
(d) The disposition order must be included if the student's permanent education record is
released to another school district or educational entity to which the student is transferring under
section 120A.22, subdivision 7.
(e) Notwithstanding section 138.17, a disposition order received under section 260B.171,
subdivision 3
, paragraph (a), must be destroyed when the student graduates from school or at the
end of the school year in which the student reaches age 23, whichever is earlier. A disposition
order received under section 260B.171, subdivision 3, paragraph (b), must be destroyed when the
student is discharged from probation.
    Subd. 3. Peace officer records of children. (a) A law enforcement agency must transmit
the notice required by section 260B.171, subdivision 5, to the superintendent of the student's
school district who must immediately transmit the notice to the principal of the school the
student attends, or to the principal of the school the student attends if there is no superintendent.
The principal must place the notice in the student's educational record. The principal must
immediately notify any teacher, counselor, or administrator directly supervising the student who
the principal believes needs the data to work with the student in an appropriate manner, to avoid
being needlessly vulnerable, or to protect other persons from needless vulnerability. The principal
may also notify other district employees, substitutes, or volunteers who are in direct contact with
the student if the principal determines these individuals need the data to work with the juvenile in
an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from
needless vulnerability. When provided in the peace officer notice, the notice from the principal
must identify the student and describe the alleged offense.
(b) Data received under this subdivision are private data on individuals under section 13.32
and are received for the limited purpose of serving the student's educational needs and protecting
students or staff. The teacher, counselor, staff member, administrator, substitute, or volunteer must
not further disseminate the data, except to communicate with the student or the student's parent or
guardian as needed to serve the student, protect students or staff, or as otherwise required by law.
(c) The principal must include the notice in the student's educational record as required
by section 120A.22, subdivision 7.
(d) If the county attorney determines not to proceed with a petition alleging any offense
in section 260B.171, subdivision 3, paragraph (a), clauses (1) to (3), or directs the student
into a diversion or mediation program, the county attorney must notify the superintendent of
the student's school district who must immediately transmit the notice to the principal of the
school the student attends, or to the principal of the school that the student attends if there is no
superintendent. The notice must contain the name of the student and a summary of the resolution
of the case. Notwithstanding section 138.17, the principal must delete the peace officer's report
and notice from the student's educational record and destroy the data and make reasonable
efforts to notify any teacher, counselor, staff member, administrator, substitute, or volunteer who
received data from the peace officer notice.
(e) If the juvenile court makes a decision on a petition that alleges any offense in section
260B.171, subdivision 3, paragraph (a), clauses (1) to (3), and the decision affects a student and is
not a disposition order, the court must notify the superintendent of the student's school district
who must immediately transmit the notice to the principal of the school the student attends, or to
the principal of the school that the student attends if there is no superintendent, of the decision.
Notwithstanding section 138.17, the principal must delete the peace officer's report and notice
from the student's educational record and destroy the data and make reasonable efforts to notify
any teacher, counselor, staff member, administrator, substitute, or volunteer who received data
from the peace officer notice.
(f) In addition to the data destruction requirements of this subdivision, a principal must
comply with the requirements of section 120A.22, subdivision 7.
History: 2000 c 451 s 3; 2002 c 352 s 9