Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1052 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to education; modifying student discipline provisions; amending Minnesota
3	3	1.3 Statutes 2024, sections 121A.425, subdivision 1; 121A.45, subdivision 1; 121A.55;
4	4	1.4 repealing Minnesota Statutes 2024, sections 121A.425, subdivision 2; 121A.611.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 121A.425, subdivision 1, is amended to read:
7	7	1.7 Subdivision 1.Disciplinary dismissals prohibited.(a) A pupil enrolled in the following
8	8	1.8is not subject to dismissals under this chapter:
9	9	1.9 (1) a preschool or prekindergarten program, including an early childhood family
10	10	1.10education, school readiness, school readiness plus, voluntary prekindergarten, Head Start,
11	11	1.11or other school-based preschool or prekindergarten program; or.
12	12	1.12 (2) kindergarten through grade 3.
13	13	1.13 (b) This provision does not apply to a dismissal from school for less than one school
14	14	1.14day, except as provided under chapter 125A and federal law for a student receiving special
15	15	1.15education services.
16	16	1.16 (c) A pupil enrolled in kindergarten through grade 3 may only be dismissed for a period
17	17	1.17of up to three school days.
18	18	1.18 (c) (d) Notwithstanding this subdivision, expulsions and exclusions may be used only
19	19	1.19after resources outlined in subdivision 2 have been exhausted, and only in circumstances
20	20	1.20where there is an ongoing serious a safety threat to the child or others.
21	21	1.21 EFFECTIVE DATE.This section is effective July 1, 2025.
22	22	1Section 1.
23	23	REVISOR CR/RC 25-0317002/05/25
24	24	State of Minnesota
25	25	This Document can be made available
26	26	in alternative formats upon request
27	27	HOUSE OF REPRESENTATIVES
28	28	H. F. No. 1052
29	29	NINETY-FOURTH SESSION
30	30	Authored by Bakeberg, Myers, Hudson, Niska and Engen02/17/2025
31	31	The bill was read for the first time and referred to the Committee on Education Policy 2.1 Sec. 2. Minnesota Statutes 2024, section 121A.45, subdivision 1, is amended to read:
32	32	2.2 Subdivision 1.Provision of alternative programs.No school shall dismiss any pupil
33	33	2.3without attempting to use nonexclusionary disciplinary policies and practices provide
34	34	2.4alternative educational services before dismissal proceedings or pupil withdrawal agreements,
35	35	2.5except where it appears that the pupil will create an immediate and substantial danger to
36	36	2.6self or to surrounding persons or property.
37	37	2.7 EFFECTIVE DATE.This section is effective July 1, 2025.
38	38	2.8 Sec. 3. Minnesota Statutes 2024, section 121A.55, is amended to read:
39	39	2.9 121A.55 POLICIES TO BE ESTABLISHED.
40	40	2.10 (a) The commissioner of education must promulgate guidelines to assist each school
41	41	2.11board. Each school board must establish uniform criteria for dismissal and adopt written
42	42	2.12policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies
43	43	2.13must include nonexclusionary disciplinary policies and practices consistent with section
44	44	2.14121A.41, subdivision 12, and must emphasize preventing dismissals through early detection
45	45	2.15of problems. The policies must be designed to address students' inappropriate behavior from
46	46	2.16recurring.
47	47	2.17 (b) The policies must recognize the continuing responsibility of the school for the
48	48	2.18education of the pupil during the dismissal period.
49	49	2.19 (c) The school is responsible for ensuring that alternative educational services, if the
50	50	2.20pupil wishes to take advantage of them, must be adequate to allow the pupil to make progress
51	51	2.21toward meeting the graduation standards adopted under section 120B.02 and help prepare
52	52	2.22the pupil for readmission in accordance with section 121A.46, subdivision 5.
53	53	2.23 (d) For expulsion and exclusion dismissals and pupil withdrawal agreements as defined
54	54	2.24in section 121A.41, subdivision 13:
55	55	2.25 (1) for a pupil who remains enrolled in the district or is awaiting enrollment in a new
56	56	2.26district, a school district's continuing responsibility includes reviewing the pupil's schoolwork
57	57	2.27and grades on a quarterly basis to ensure the pupil is on track for readmission with the pupil's
58	58	2.28peers. A school district must communicate on a regular basis with the pupil's parent or
59	59	2.29guardian to ensure that the pupil is completing the work assigned through the alternative
60	60	2.30educational services as defined in section 121A.41, subdivision 11. These services are
61	61	2.31required until the pupil enrolls in another school or returns to the same school;
62	62	2Sec. 3.
63	63	REVISOR CR/RC 25-0317002/05/25 3.1 (2) a pupil receiving school-based or school-linked mental health services in the district
64	64	3.2under section 245.4889 continues to be eligible for those services until the pupil is enrolled
65	65	3.3in a new district; and
66	66	3.4 (3) a school district must provide to the pupil's parent or guardian information on
67	67	3.5accessing mental health services, including any free or sliding fee providers in the
68	68	3.6community. The information must also be posted on the district or charter school website.
69	69	3.7 (e) An area learning center under section 123A.05 may not prohibit an expelled or
70	70	3.8excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
71	71	3.9board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
72	72	3.10exclude a pupil or to require an admission plan.
73	73	3.11 (f) Each school district shall develop a policy and report it to the commissioner on the
74	74	3.12appropriate use of peace officers and crisis teams to remove students who have an
75	75	3.13individualized education program from school grounds.
76	76	3.14 EFFECTIVE DATE.This section is effective July 1, 2025.
77	77	3.15 Sec. 4. REPEALER.
78	78	3.16 Minnesota Statutes 2024, sections 121A.425, subdivision 2; and 121A.611, are repealed.
79	79	3.17 EFFECTIVE DATE.This section is effective July 1, 2025.
80	80	3Sec. 4.
81	81	REVISOR CR/RC 25-0317002/05/25 121A.425 FULL AND EQUITABLE PARTICIPATION IN EARLY LEARNING.
82	82	Subd. 2.Nonexclusionary discipline.For purposes of this section, nonexclusionary discipline
83	83	must include at least one of the following:
84	84	(1) collaborating with the pupil's family or guardian, child mental health consultant or provider,
85	85	education specialist, or other community-based support;
86	86	(2) creating a plan, written with the parent or guardian, that details the action and support needed
87	87	for the pupil to fully participate in the current educational program, including a preschool or
88	88	prekindergarten program; or
89	89	(3) providing a referral for needed support services, including parenting education, home visits,
90	90	other supportive education interventions, or, where appropriate, an evaluation to determine if the
91	91	pupil is eligible for special education services or section 504 services.
92	92	121A.611 RECESS AND OTHER BREAKS.
93	93	(a) "Recess detention" as used in this chapter means excluding or excessively delaying a student
94	94	from participating in a scheduled recess period as a consequence for student behavior. Recess
95	95	detention does not include, among other things, providing alternative recess at the student's choice.
96	96	(b) A school district or charter school is encouraged to ensure student access to structured breaks
97	97	from the demands of school and to support teachers, principals, and other school staff in their efforts
98	98	to use evidence-based approaches to reduce exclusionary forms of discipline.
99	99	(c) A school district or charter school must not use recess detention unless:
100	100	(1) a student causes or is likely to cause serious physical harm to other students or staff;
101	101	(2) the student's parent or guardian specifically consents to the use of recess detention; or
102	102	(3) for students receiving special education services, the student's individualized education
103	103	program team has determined that withholding recess is appropriate based on the individualized
104	104	needs of the student.
105	105	(d) A school district or charter school must not withhold recess from a student based on
106	106	incomplete schoolwork.
107	107	(e) A school district or charter school must require school staff to make a reasonable attempt
108	108	to notify a parent or guardian within 24 hours of using recess detention.
109	109	(f) A school district or charter school must compile information on each recess detention at the
110	110	end of each school year, including the student's age, grade, gender, race or ethnicity, and special
111	111	education status. This information must be available to the public upon request. A school district
112	112	or charter school is encouraged to use the data in professional development promoting the use of
113	113	nonexclusionary discipline.
114	114	(g) A school district or charter school must not withhold or excessively delay a student's
115	115	participation in scheduled mealtimes. This section does not alter a district or school's existing
116	116	responsibilities under section 124D.111 or other state or federal law.
117	117	1R
118	118	APPENDIX
119	119	Repealed Minnesota Statutes: 25-03170