Minnesota 2025-2026 Regular Session

Minnesota House Bill HF236 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) Notwithstanding this subdivision, expulsions and exclusions may be used only after
17	17	1.17resources outlined in subdivision 2 have been exhausted, and only in circumstances where
18	18	1.18there is an ongoing serious a safety threat to the child or others.
19	19	1.19 EFFECTIVE DATE.This section is effective July 1, 2025.
20	20	1Section 1.
21	21	REVISOR CR/KR 25-0160112/20/24
22	22	State of Minnesota
23	23	This Document can be made available
24	24	in alternative formats upon request
25	25	HOUSE OF REPRESENTATIVES
26	26	H. F. No. 236
27	27	NINETY-FOURTH SESSION
28	28	Authored by Bakeberg, Nadeau, Myers, Witte, Mueller and others01/23/2025
29	29	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:
30	30	2.2 Subdivision 1.Provision of alternative programs.No school shall dismiss any pupil
31	31	2.3without attempting to use nonexclusionary disciplinary policies and practices provide
32	32	2.4alternative educational services before dismissal proceedings or pupil withdrawal agreements,
33	33	2.5except where it appears that the pupil will create an immediate and substantial danger to
34	34	2.6self or to surrounding persons or property.
35	35	2.7 EFFECTIVE DATE.This section is effective July 1, 2025.
36	36	2.8 Sec. 3. Minnesota Statutes 2024, section 121A.55, is amended to read:
37	37	2.9 121A.55 POLICIES TO BE ESTABLISHED.
38	38	2.10 (a) The commissioner of education must promulgate guidelines to assist each school
39	39	2.11board. Each school board must establish uniform criteria for dismissal and adopt written
40	40	2.12policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies
41	41	2.13must include nonexclusionary disciplinary policies and practices consistent with section
42	42	2.14121A.41, subdivision 12, and must emphasize preventing dismissals through early detection
43	43	2.15of problems. The policies must be designed to address students' inappropriate behavior from
44	44	2.16recurring.
45	45	2.17 (b) The policies must recognize the continuing responsibility of the school for the
46	46	2.18education of the pupil during the dismissal period.
47	47	2.19 (c) The school is responsible for ensuring that alternative educational services, if the
48	48	2.20pupil wishes to take advantage of them, must be adequate to allow the pupil to make progress
49	49	2.21toward meeting the graduation standards adopted under section 120B.02 and help prepare
50	50	2.22the pupil for readmission in accordance with section 121A.46, subdivision 5.
51	51	2.23 (d) For expulsion and exclusion dismissals and pupil withdrawal agreements as defined
52	52	2.24in section 121A.41, subdivision 13:
53	53	2.25 (1) for a pupil who remains enrolled in the district or is awaiting enrollment in a new
54	54	2.26district, a school district's continuing responsibility includes reviewing the pupil's schoolwork
55	55	2.27and grades on a quarterly basis to ensure the pupil is on track for readmission with the pupil's
56	56	2.28peers. A school district must communicate on a regular basis with the pupil's parent or
57	57	2.29guardian to ensure that the pupil is completing the work assigned through the alternative
58	58	2.30educational services as defined in section 121A.41, subdivision 11. These services are
59	59	2.31required until the pupil enrolls in another school or returns to the same school;
60	60	2Sec. 3.
61	61	REVISOR CR/KR 25-0160112/20/24 3.1 (2) a pupil receiving school-based or school-linked mental health services in the district
62	62	3.2under section 245.4889 continues to be eligible for those services until the pupil is enrolled
63	63	3.3in a new district; and
64	64	3.4 (3) a school district must provide to the pupil's parent or guardian information on
65	65	3.5accessing mental health services, including any free or sliding fee providers in the
66	66	3.6community. The information must also be posted on the district or charter school website.
67	67	3.7 (e) An area learning center under section 123A.05 may not prohibit an expelled or
68	68	3.8excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
69	69	3.9board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
70	70	3.10exclude a pupil or to require an admission plan.
71	71	3.11 (f) Each school district shall develop a policy and report it to the commissioner on the
72	72	3.12appropriate use of peace officers and crisis teams to remove students who have an
73	73	3.13individualized education program from school grounds.
74	74	3.14 EFFECTIVE DATE.This section is effective July 1, 2025.
75	75	3.15 Sec. 4. REPEALER.
76	76	3.16 Minnesota Statutes 2024, sections 121A.425, subdivision 2; and 121A.611, are repealed.
77	77	3.17 EFFECTIVE DATE.This section is effective July 1, 2025.
78	78	3Sec. 4.
79	79	REVISOR CR/KR 25-0160112/20/24 121A.425 FULL AND EQUITABLE PARTICIPATION IN EARLY LEARNING.
80	80	Subd. 2.Nonexclusionary discipline.For purposes of this section, nonexclusionary discipline
81	81	must include at least one of the following:
82	82	(1) collaborating with the pupil's family or guardian, child mental health consultant or provider,
83	83	education specialist, or other community-based support;
84	84	(2) creating a plan, written with the parent or guardian, that details the action and support needed
85	85	for the pupil to fully participate in the current educational program, including a preschool or
86	86	prekindergarten program; or
87	87	(3) providing a referral for needed support services, including parenting education, home visits,
88	88	other supportive education interventions, or, where appropriate, an evaluation to determine if the
89	89	pupil is eligible for special education services or section 504 services.
90	90	121A.611 RECESS AND OTHER BREAKS.
91	91	(a) "Recess detention" as used in this chapter means excluding or excessively delaying a student
92	92	from participating in a scheduled recess period as a consequence for student behavior. Recess
93	93	detention does not include, among other things, providing alternative recess at the student's choice.
94	94	(b) A school district or charter school is encouraged to ensure student access to structured breaks
95	95	from the demands of school and to support teachers, principals, and other school staff in their efforts
96	96	to use evidence-based approaches to reduce exclusionary forms of discipline.
97	97	(c) A school district or charter school must not use recess detention unless:
98	98	(1) a student causes or is likely to cause serious physical harm to other students or staff;
99	99	(2) the student's parent or guardian specifically consents to the use of recess detention; or
100	100	(3) for students receiving special education services, the student's individualized education
101	101	program team has determined that withholding recess is appropriate based on the individualized
102	102	needs of the student.
103	103	(d) A school district or charter school must not withhold recess from a student based on
104	104	incomplete schoolwork.
105	105	(e) A school district or charter school must require school staff to make a reasonable attempt
106	106	to notify a parent or guardian within 24 hours of using recess detention.
107	107	(f) A school district or charter school must compile information on each recess detention at the
108	108	end of each school year, including the student's age, grade, gender, race or ethnicity, and special
109	109	education status. This information must be available to the public upon request. A school district
110	110	or charter school is encouraged to use the data in professional development promoting the use of
111	111	nonexclusionary discipline.
112	112	(g) A school district or charter school must not withhold or excessively delay a student's
113	113	participation in scheduled mealtimes. This section does not alter a district or school's existing
114	114	responsibilities under section 124D.111 or other state or federal law.
115	115	1R
116	116	APPENDIX
117	117	Repealed Minnesota Statutes: 25-01601