Minnesota School Discipline Laws And Regulations - Ed

Transcription

MinnesotaCompilation of SchoolDiscipline Laws andRegulationsPrepared: March 31, 2021

IntroductionThis compilation presents school discipline-related laws and regulations for U.S. states, U.S. territories,and the District of Columbia, and, where available, links to education agency websites or resourcesrelated to school discipline and student conduct. The discipline laws and regulations presented in thiscompilation have been categorized by type of specific discipline issue covered, according to anorganizational framework developed by the National Center for Safe and Supportive LearningEnvironments (NCSSLE). For example, one major category encompasses all laws or regulationsgoverning states or territories that mandate specific disciplinary sanctions (such as suspension) forspecific offenses (such as drug possession on school grounds). The school discipline laws andregulations were compiled through exhaustive searches of legislative websites that identified all laws andregulations relevant to each specific category. Compiled materials were subsequently reviewed by stateeducation agency (SEA) representatives in the 50 states, Washington D.C., and the U.S. territories.Discipline categories were not mutually exclusive. Laws and regulations often appeared across multiplecategories. For jurisdictions with more extensive laws covering a breadth of topical areas, relevantsections were excerpted from the larger legislative text for inclusion in the appropriate discipline category.Laws, ordered by chapter and section number, appear first within each category followed by regulations.All laws and regulations listed within categories in the compilation also appear in the sources cited sectionof the document, which lists laws by chapter and section number and title, and where available, includesactive hyperlinks to source websites supported or maintained by state legislatures. Additional links togovernment websites or resources are provided at the end of this document.Notes & DisclaimersTo the best of the preparer’s knowledge, this Compilation of School Discipline Laws and Regulations iscomplete and current as of March 2021. Readers should also note that the information in this documentwas compiled from individual sources that are created by each jurisdiction and which are maintained andupdated with varying frequencies. Readers should consult the source information provided directly inorder to check for updates to laws and regulations reported in this document or to conduct furtherresearch.For further information, including definitions of the different policy categories, please refer to the DisciplineLaws and Regulations Compendium posted on the Center’s website.Prepared by:Child TrendsEMT Associates, Inc.7315 Wisconsin Avenue1631 Creekside DriveSuite 1200WSuite 100Bethesda, Maryland 20814Folsom, California 95630

Table of ContentsMinnesota State Codes Cited. 1Codes of Conduct . 5Authority to Develop and Establish Codes of Conduct . 5Scope . 6Communication of Policy . 6In-School Discipline . 9Discipline Frameworks . 9Teacher Authority to Remove Students From Classrooms . 10Alternatives to Suspension . 11Conditions on Use of Certain Forms of Discipline . 13Corporal Punishment . 13Search and Seizure . 13Restraint and Seclusion . 14Exclusionary Discipline: Suspension, Expulsion, and Alternative Placement . 20Grounds for Suspension or Expulsion. 20Limitations or Conditions on Exclusionary Discipline . 21Due Process . 22Return to School Following Removal . 25Alternative Placements . 26Discipline Addressing Specific Code of Conduct Violations . 30Firearms and Other Weapons Violations . 30Students with Chronic Disciplinary Issues . 31Chronic Absenteeism and Truancy . 31Substance Use . 37Gang-related Activity . 40Bullying, Harassment, or Hazing . 41Dating and Relationship Violence . 47Prevention, Behavioral Intervention, and Supports . 48State Model Policies and Implementation Support . 48Multi-tiered Frameworks and Systems of Support . 49Prevention . 50Social-emotional Learning (SEL) . 53Trauma-informed Practices . 54Mental Health Literacy Training . 55School-based Behavioral Health Programs . 55Monitoring and Accountability . 59Formal Incident Reporting of Conduct Violations . 59Parental Notification . 60Data Collection, Review, and Reporting of Discipline Policies and Actions . 65

Partnerships between Schools and Law Enforcement . 67Referrals to Law Enforcement . 67School Resource Officer (SRO) or School Security Officer (SSO) Training or Certification . 68Authorizations, Memoranda of Understanding (MOUs), and/or Funding. 68Threat Assessment Protocols . 69State-Sponsored, Publicly Available Websites or Other Resources on School Discipline . 70

Minnesota State Codes CitedMinnesota Revised LawsEducation Code: Prekindergarten - Grade 12Chapter 120A. Education Code; Attendance; School CalendarSchool Attendance120A.22.120A.24.120A.26.Compulsory instructionReportingEnforcement and prosecutionChapter 120B. Curriculum and nce prevention educationViolence prevention education grantsCharacter development educationChapter 121A. Student Rights, Responsibilities, and BehaviorDiscrimination; Harassment; .Model policySchool student bullying policyNotice of the rights and responsibilities of students and parents under the Safe andSupportive Minnesota Schools ActPolicy to refer firearms possessorReports of dangerous weapon incidents in school zonesStudent Health and Safety121A.25.121A.26.121A.28.121A.29.Chemical abuse preassessment teams; definitionsSchool preassessment teamsLaw enforcement recordsReporting; chemical abusePupil Fair Dismissal 121A.50.121A.51.Expulsion for possession of firearmGrounds for dismissalSuspension proceduresExclusion and expulsion proceduresGood faith exceptionAppealJudicial reviewReports to service agencyMinnesota Compilation of School Discipline Laws and RegulationsPage 1

ation of compulsory attendance lawReport to commissioner of educationNotice of right to be reinstatedPolicies to be establishedAlternatives to pupil suspensionDiscipline; All 21A.67.121A.69.121A.72.Corporal punishmentStudent discipline; reasonable forceDefinitionsDiscipline and removal of students from classReview of policyRemoval by peace officerHazing policySchool locker policyChapter 122A. Teachers and Other EducatorsLicensure122A.187.Expiration and renewalTeacher Education and Training; Staff Development122A.42.122A.60.122A.627.General control of schoolsStaff development programPositive behavior interventions and supportsChapter 123A. School Districts; Forms for OrganizingState Approved Alternative Programs123A.05.123A.06.State-approved alternative program organizationState-approved alternative programs and servicesChapter 124D. Education ment options programFull-service community schoolsParental involvement programsPrekindergarten through grade 12 parental rights code elsewhereChapter 125A. Special Education and Special Programs125A.0941.125A.0942.DefinitionsStandards for restrictive proceduresChapter 126C. Education Funding126C.44.Safe schools levyChapter 128c. High School League128C.02.Duties, Policies, Criteria, Rules of BoardChapter 127A. State Administration of Education127A.051.School safety technical assistance councilMinnesota Compilation of School Discipline Laws and RegulationsPage 1

127A.052.School safety technical assistance centerHealthChapter 144. Department of HealthTobacco Use Prevention144.396.Tobacco use preventionChapter 145. Public Health ProvisionsYouth Violence Prevention145.958.Youth violence preventionPublic Welfare and Related ActivitiesChapter 245. Department of Human ServicesChildren’s Mental Health Act245.487.Citation; Declaration of policy; MissionChildren’s Mental Health Grants245.4889.Children’s mental health grantsSchool-linked Mental Health Grants245.4901.School-linked mental health grantsChapter 260A. A.06.260A.07.Truancy programs and servicesDefinitionsNotice to parent or guardian when child is a continuing truantCommunity-based truancy projects and service centersSchool attendance review boardsReferral of truant students to school attendance review boardCounty attorney truancy medication programChapter 256. Human ServicesBoard on Aging and Related Programs256.995.School-linked services for at-risk children and youthChapter 260C. Juvenile Safety and Placement260C.007.DefinitionsPublic SafetyChapter 299A. Department of Public Safety299A.62.Community-oriented policing (COPS) grant programMinnesota Compilation of School Discipline Laws and RegulationsPage 1

Minnesota RegulationsDepartment of Human ServicesChapter 9505. Health Care ProgramsEarly and Periodic Screening, Diagnosis, and Treatment9505.1748.Contracts for administrative servicesMinnesota Compilation of School Discipline Laws and RegulationsPage 1

Codes of ConductAuthority to Develop and Establish Codes of ConductLAWS121A.031. School student bullying policy.Subd. 3. Local district and school policy.(a) Districts and schools, in consultation with students, parents, and community organizations, to theextent practicable, shall adopt, implement, and, on a cycle consistent with other district policies, review,and revise where appropriate, a written policy to prevent and prohibit student bullying consistent withthis section. The policy must conform with sections 121A.41 to 121A.56. A district or school must adoptand implement a local policy under subdivisions 3 to 5 or comply with the provisions of the state modelpolicy in subdivision 6.121A.55. Policies to be established.(a) The commissioner of education shall promulgate guidelines to assist each school board. Each schoolboard shall establish uniform criteria for dismissal and adopt written policies and rules to effectuate thepurposes of sections 121A.40 to 121A.56. The policies shall emphasize preventing dismissals throughearly detection of problems and shall be designed to address students' inappropriate behavior fromrecurring. The policies shall recognize the continuing responsibility of the school for the education of thepupil during the dismissal period. The alternative educational services, if the pupil wishes to takeadvantage of them, must be adequate to allow the pupil to make progress towards meeting thegraduation 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 fromenrolling solely because a district expelled or excluded the pupil. The board of the area learning centermay 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 ofpeace officers and crisis teams to remove students who have an individualized education plan fromschool grounds.121A.61. Discipline and removal of students from class.Subdivision 1. Required policy. - Each school board must adopt a written districtwide school disciplinepolicy which includes written rules of conduct for students, minimum consequences for violations of therules, and grounds and procedures for removal of a student from class. The policy must be developed inconsultation with administrators, teachers, employees, pupils, parents, community members, lawenforcement agencies, county attorney offices, social service agencies, and such other individuals ororganizations as the board determines appropriate. A school site council may adopt additional provisionsto the policy subject to the approval of the school board.121A.69. Hazing policy.Subd. 3. School board policy. - Each school board shall adopt a written policy governing student or staffhazing. The policy must apply to student behavior that occurs on or off school property and during andafter school hours. The policy must include reporting procedures and disciplinary consequences forviolating the policy. Disciplinary consequences must be sufficiently severe to deter violations andappropriately discipline prohibited behavior. Disciplinary consequences must conform with sections121A.41 to 121A.56. Each school must include the policy in the student handbook on school policies.Minnesota Compilation of School Discipline Laws and RegulationsPage 1

REGULATIONSNo relevant regulations found.ScopeLAWS121A.031. School student bullying policy.Subdivision 1. Student bullying policy; scope and application.(a) This section applies to bullying by a student against another student enrolled in a public school andwhich occurs:(1) on the school premises, at the school functions or activities, or on the school transportation;(2) by use of electronic technology and communications on the school premises, during the schoolfunctions or activities, on the school transportation, or on the school computers, networks, forums,and mailing lists; or(3) by use of electronic technology and communications off the school premises to the extent suchuse substantially and materially disrupts student learning or the school environment.(b) A nonpublic school under section 123B.41, subdivision 9, consistent with its school accreditationcycle, is encouraged to electronically transmit to the commissioner its antibullying policy, if any, and anysummary data on its bullying incidents.(c) This section does not apply to a home school under sections 120A.22, subdivision 4, and 120A.24,or a nonpublic school under section 123B.41, subdivision 9.(d) A school-aged child who voluntarily participates in a public school activity such as a co-curricular orextra-curricular activity, is subject to the same student bullying policy provisions applicable to the publicschool students participating in the activity.121A.69. Hazing policy.Subd. 3. School board policy. - Each school board shall adopt a written policy governing student or staffhazing. The policy must apply to student behavior that occurs on or off school property and during andafter school hours. The policy must include reporting procedures and disciplinary consequences forviolating the policy. Disciplinary consequences must be sufficiently severe to deter violations andappropriately discipline prohibited behavior. Disciplinary consequences must conform with sections121A.41 to 121A.56. Each school must include the policy in the student handbook on school policies.REGULATIONSNo relevant regulations found.Communication of PolicyLAWS121A.03. Model policy.Subd. 2. Sexual, religious, and racial harassment and violence policy. - A school board must adopt awritten sexual, religious, and racial harassment and sexual, religious, and racial violence policy thatconforms with chapter 363A. The policy shall apply to pupils, teachers, administrators, and other schoolpersonnel, include reporting procedures, and set forth disciplinary actions that will be taken for violation ofMinnesota Compilation of School Discipline Laws and RegulationsPage 1

the policy. Disciplinary actions must conform with collective bargaining agreements and sections 121A.41to 121A.56. The policy must be conspicuously posted throughout each school building, given to eachdistrict employee and independent contractor at the time of entering into the person's employmentcontract, and included in each school's student handbook on school policies. Each school must develop aprocess for discussing the school's sexual, religious, and racial harassment and violence policy withstudents and school employees.Subd. 3. Submission to commissioner. - Each school board must submit to the commissioner a copy ofthe sexual, religious, and racial harassment and sexual, religious, and racial violence policy the board hasadopted.121A.031. School student bullying policy.Subd. 3. Local district and school policy.(b) Each local district and school policy must establish research-based, developmentally appropriatebest practices that include preventive and remedial measures and effective discipline for deterringpolicy violations; apply throughout the school or district; and foster active student, parent, andcommunity participation. A district or school may request assistance from the school safety technicalassistance center under section 127A.052 in complying with local policy requirements. The policy shall:(1) define the roles and responsibilities of students, school personnel, and volunteers under thepolicy;(2) specifically list the characteristics contained in subdivision 2, paragraph (g);(3) emphasize remedial responses;(4) be conspicuously posted in the administrative offices of the school and school district in summaryform;(5) be given to each school employee and independent contractor, if a contractor regularly interactswith students, at the time of employment with the district or school;(6) be included in the student handbook on school policies; and(7) be available to all parents and other school community members in an electronic format in thelanguages appearing on the district or school Web site, consistent with the district policies andpractices.121A.0311. Notice of the rights and responsibilities of students and parents under the Safe andSupportive Minnesota Schools Act.A district or school subject to section 121A.031 must include in the student discipline policy it distributesor otherwise transmits to students and their parents annually at the beginning of each school year noticeabout the rights and responsibilities of students and their parents under the Safe and SupportiveMinnesota Schools Act.121A.61. Discipline and removal of students from class.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.121A.69. Hazing policy.Subd. 3. School board policy. - Each school board shall adopt a written policy governing student or staffhazing. The policy must apply to student behavior that occurs on or off school property and during andafter school hours. The policy must include reporting procedures and disciplinary consequences forviolating the policy. Disciplinary consequences must be sufficiently severe to deter violations andMinnesota Compilation of School Discipline Laws and RegulationsPage 1

appropriately discipline prohibited behavior. Disciplinary consequences must conform with sections121A.41 to 121A.56. Each school must include the policy in the student handbook on school policies.121A.72. School locker policy.Subd. 2. Dissemination. - The locker policy must be disseminated to parents and students in the way thatother policies of general application to students are disseminated. A copy of the policy must be providedto a student the first time that the student is given the use of a locker.REGULATIONSNo relevant regulations found.Minnesota Compilation of School Discipline Laws and RegulationsPage 1

In-School DisciplineDiscipline FrameworksLAWS121A.61. Discipline and removal of students from class.Subdivision 1. Required policy. - Each school board must adopt a written districtwide school disciplinepolicy which includes written rules of conduct for students, minimum consequences for violations of therules, and grounds and procedures for removal of a student from class. The policy must be developed inconsultation with administrators, teachers, employees, pupils, parents, community members, lawenforcement agencies, county attorney offices, social service agencies, and such other individuals ororganizations as the board determines appropriate. A school site council may adopt additional provisionsto 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 astudent may be removed from a class in the district for a period of time under the procedures specified inthe policy. The policy must include a procedure for notifying and meeting with a student's parent orguardian to discuss the problem that is causing the student to be removed from class after the studenthas been removed from class more than ten times in one school year. The grounds in the policy mustinclude 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 thatinterferes with a teacher's ability to teach or communicate effectively with students in a class or with theability of other students to learn;(b) willful conduct that endangers surrounding persons, including school district employees, the studentor 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 toprocedures 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 otherschool district employee;(e) the period of time for which a student may be removed from a class, which may not exceed fiveclass 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 beenremoved;(h) the procedures for notifying a student and the student's parents or guardian of violations of the rulesof conduct and of resulting disciplinary actions;(i) any procedures determined appropriate for encouraging early involvement of parents or guardians inattempts to improve a student's behavior;(j) any procedures determined appropriate for encouraging early detection of behavioral problems;Minnesota Compilation of School Discipline Laws and RegulationsPage 1

(k) any procedures determined appropriate for referring a student in need of special education servicesto those services;(1) the procedures for consideration of whether there is a need for a further assessment or of whetherthere is a need for a review of the adequacy of a current individualized education program of astudent with a disability who is removed from class;(m) procedures for detecting and addressing chemical abuse problems of a student while on the schoolpremises;(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 districtmay use reasonable force in compliance with section 121A.582 and other laws;(q) an agreement regarding procedures to coordinate crisis services to the extent funds are availablewith the county board responsible for implementing sections 245.487 to 245.4889 for students with aserious emotional disturbance or other students who have an individualized education program whosebehavior may be addressed by crisis intervention; and(r) a provision that states a student must be removed from class immediately if the student engages inassault or violent behavior. For purposes of this paragraph, "assault" has the meaning given it in section609.02, subdivision 10. The removal shall be for a period of time deemed appropriate by the principal,in consultation with the teacher.REGULATIONSNo relevant regulations found.Teacher Authority to Remove Students From ClassroomsLAWS121A.60. Definitions.Subdivision 1. Removal from class. - "Removal from class" and "removal" mean any actions taken by ateacher, principal, or other school district employee to prohibit a pupil from attending a class or activityperiod for a period of time not to exceed five days, pursuant to procedures established in the schooldistrict 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 thedistrict's written discipline policy.121A.61. Discipline and removal of students from class.Subdivision 1. Required policy. - Each school board must adopt a written districtwide school disciplinepolicy which includes written rules of conduct for students, minimum consequences for violations of therules, and grounds and procedures for removal of a student from class. The policy must be developed inconsultation with administrators, teachers, employees, pupils, parents, community members, lawenforcement agencies, county attorney offices, social service agencies, and such other individuals ororganizations as the board determines appropriate. A school site council may adopt additional provisionsto 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 astudent may be removed from a class in the district for a period of time under the procedures specified inthe policy. The policy mus

245.4889. Children's mental health grants School-linked Mental Health Grants 245.4901. School-linked mental health grants Chapter 260A. Truancy 260A.01. Truancy programs and services 260A.02. Definitions 260A.03. Notice to parent or guardian when child is a continuing truant 260A.04. Community-based truancy projects and service centers 260A.05.