A bill for an act
relating to education; prohibiting dismissals of students in kindergarten through
grade 3; amending Minnesota Statutes 2020, section 121A.425.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 121A.425, is amended to read:
new text begin(a) new text endA pupil enrolled innew text begin the following
is not subject to dismissals under this chapter:
new text end
new text begin (1)new text end a preschool or prekindergarten program, including deleted text begina child participating indeleted text end early
childhood family education, school readiness, school readiness plus, voluntary
prekindergarten, Head Start, or other school-based preschool or prekindergarten programdeleted text begin,
may not be subject to dismissals under this chapterdeleted text endnew text begin; or
new text end
new text begin (2) kindergarten through grade 3new text end.
new text begin (b)new text end Notwithstanding this subdivision, expulsions and exclusions may be used only after
resources outlined in subdivision 2 have been exhausted, and only in circumstances where
there is an ongoing serious safety threat to the child or others.
For purposes of this section, nonexclusionary
discipline must include at least one of the following:
(1) collaborating with the pupil's family or guardian, child mental health consultant or
provider, education specialist, or other community-based support;
(2) creating a plan, written with the parent or guardian, that details the action and support
needed for the pupil to fully participate in new text beginthe current educational program, including new text enda
preschool or prekindergarten program; or
(3) providing a referral for needed support services, including parenting education, home
visits, other supportive education interventions, or, where appropriate, an evaluation to
determine if the pupil is eligible for special education services or section 504 services.
new text begin
This section is effective July 1, 2021.
new text end