1.1                          A bill for an act 
  1.2             relating to education; coordinating crisis services 
  1.3             with removal of certain students; providing for 
  1.4             district student removal reports to department of 
  1.5             children, families, and learning; increasing 
  1.6             graduation rates of students with emotional or 
  1.7             behavioral disturbance; requiring warning signs of 
  1.8             mental illness to be included in continuing education 
  1.9             requirements for teachers; providing for rulemaking; 
  1.10            amending Minnesota Statutes 2002, sections 121A.55; 
  1.11            121A.61, subdivision 3; 122A.09, subdivision 4; 
  1.12            125A.08. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2002, section 121A.55, is 
  1.15  amended to read: 
  1.16     121A.55 [POLICIES TO BE ESTABLISHED.] 
  1.17     (a) The commissioner of children, families, and learning 
  1.18  shall promulgate guidelines to assist each school board.  Each 
  1.19  school board shall establish uniform criteria for dismissal and 
  1.20  adopt written policies and rules to effectuate the purposes of 
  1.21  sections 121A.40 to 121A.56.  The policies shall emphasize 
  1.22  preventing dismissals through early detection of problems and 
  1.23  shall be designed to address students' inappropriate behavior 
  1.24  from recurring.  The policies shall recognize the continuing 
  1.25  responsibility of the school for the education of the pupil 
  1.26  during the dismissal period.  The alternative educational 
  1.27  services, if the pupil wishes to take advantage of them, must be 
  1.28  adequate to allow the pupil to make progress towards meeting the 
  1.29  graduation standards adopted under section 120B.02 and help 
  2.1   prepare the pupil for readmission.  
  2.2      (b) An area learning center under section 123A.05 may not 
  2.3   prohibit an expelled or excluded pupil from enrolling solely 
  2.4   because a district expelled or excluded the pupil.  The board of 
  2.5   the area learning center may use the provisions of the Pupil 
  2.6   Fair Dismissal Act to exclude a pupil or to require an admission 
  2.7   plan. 
  2.8      (c) The commissioner shall actively encourage and assist 
  2.9   school districts to cooperatively establish alternative 
  2.10  educational services within school buildings or at alternative 
  2.11  program sites that offer instruction to pupils who are dismissed 
  2.12  from school for willfully engaging in dangerous, disruptive, or 
  2.13  violent behavior, including for possessing a firearm in a school 
  2.14  zone. 
  2.15     (d) Each school district shall report to the commissioner 
  2.16  on the use of peace officers and crisis teams to remove students 
  2.17  who have an individualized education plan from school grounds. 
  2.18     Sec. 2.  Minnesota Statutes 2002, section 121A.61, 
  2.19  subdivision 3, is amended to read: 
  2.20     Subd. 3.  [POLICY COMPONENTS.] The policy must include at 
  2.21  least the following components:  
  2.22     (a) rules governing student conduct and procedures for 
  2.23  informing students of the rules; 
  2.24     (b) the grounds for removal of a student from a class; 
  2.25     (c) the authority of the classroom teacher to remove 
  2.26  students from the classroom pursuant to procedures and rules 
  2.27  established in the district's policy; 
  2.28     (d) the procedures for removal of a student from a class by 
  2.29  a teacher, school administrator, or other school district 
  2.30  employee; 
  2.31     (e) the period of time for which a student may be removed 
  2.32  from a class, which may not exceed five class periods for a 
  2.33  violation of a rule of conduct; 
  2.34     (f) provisions relating to the responsibility for and 
  2.35  custody of a student removed from a class; 
  2.36     (g) the procedures for return of a student to the specified 
  3.1   class from which the student has been removed; 
  3.2      (h) the procedures for notifying a student and the 
  3.3   student's parents or guardian of violations of the rules of 
  3.4   conduct and of resulting disciplinary actions; 
  3.5      (i) any procedures determined appropriate for encouraging 
  3.6   early involvement of parents or guardians in attempts to improve 
  3.7   a student's behavior; 
  3.8      (j) any procedures determined appropriate for encouraging 
  3.9   early detection of behavioral problems; 
  3.10     (k) any procedures determined appropriate for referring a 
  3.11  student in need of special education services to those services; 
  3.12     (1) the procedures for consideration of whether there is a 
  3.13  need for a further assessment or of whether there is a need for 
  3.14  a review of the adequacy of a current individual education plan 
  3.15  of a student with a disability who is removed from class; 
  3.16     (m) procedures for detecting and addressing chemical abuse 
  3.17  problems of a student while on the school premises; 
  3.18     (n) the minimum consequences for violations of the code of 
  3.19  conduct; 
  3.20     (o) procedures for immediate and appropriate interventions 
  3.21  tied to violations of the code; ~~and~~ 
  3.22     (p) a provision that states that a teacher, school 
  3.23  employee, school bus driver, or other agent of a district may 
  3.24  use reasonable force in compliance with section 121A.582 and 
  3.25  other laws; and 
  3.26     (q) an agreement of procedures to coordinate crisis 
  3.27  services with the county board responsible for implementing 
  3.28  sections 245.487 to 245.4888 for students with a serious 
  3.29  emotional disturbance or students who have an individualized 
  3.30  education plan who are being removed from school or class. 
  3.31     Sec. 3.  Minnesota Statutes 2002, section 122A.09, 
  3.32  subdivision 4, is amended to read: 
  3.33     Subd. 4.  [LICENSE AND RULES.] (a) The board must adopt 
  3.34  rules to license public school teachers and interns subject to 
  3.35  chapter 14. 
  3.36     (b) The board must adopt rules requiring a person to 
  4.1   successfully complete a skills examination in reading, writing, 
  4.2   and mathematics as a requirement for initial teacher licensure.  
  4.3   Such rules must require college and universities offering a 
  4.4   board approved teacher preparation program to provide remedial 
  4.5   assistance to persons who did not achieve a qualifying score on 
  4.6   the skills examination, including those for whom English is a 
  4.7   second language. 
  4.8      (c) The board must adopt rules to approve teacher 
  4.9   preparation programs.  The board, upon the request of a 
  4.10  post-secondary student preparing for teacher licensure or a 
  4.11  licensed graduate of a teacher preparation program, shall assist 
  4.12  in resolving a dispute between the person and a post-secondary 
  4.13  institution providing a teacher preparation program when the 
  4.14  dispute involves an institution's recommendation for licensure 
  4.15  affecting the person or the person's credentials.  At the 
  4.16  board's discretion, assistance may include the application of 
  4.17  chapter 14. 
  4.18     (d) The board must provide the leadership and shall adopt 
  4.19  rules for the redesign of teacher education programs to 
  4.20  implement a research based, results-oriented curriculum that 
  4.21  focuses on the skills teachers need in order to be effective.  
  4.22  The board shall implement new systems of teacher preparation 
  4.23  program evaluation to assure program effectiveness based on 
  4.24  proficiency of graduates in demonstrating attainment of program 
  4.25  outcomes. 
  4.26     (e) The board must adopt rules requiring successful 
  4.27  completion of an examination of general pedagogical knowledge 
  4.28  and examinations of licensure-specific teaching skills.  The 
  4.29  rules shall be effective on the dates determined by the board 
  4.30  but not later than September 1, 2001.  
  4.31     (f) The board must adopt rules requiring teacher educators 
  4.32  to work directly with elementary or secondary school teachers in 
  4.33  elementary or secondary schools to obtain periodic exposure to 
  4.34  the elementary or secondary teaching environment. 
  4.35     (g) The board must grant licenses to interns and to 
  4.36  candidates for initial licenses. 
  5.1      (h) The board must design and implement an assessment 
  5.2   system which requires a candidate for an initial license and 
  5.3   first continuing license to demonstrate the abilities necessary 
  5.4   to perform selected, representative teaching tasks at 
  5.5   appropriate levels. 
  5.6      (i) The board must receive recommendations from local 
  5.7   committees as established by the board for the renewal of 
  5.8   teaching licenses. 
  5.9      (j) The board must grant life licenses to those who qualify 
  5.10  according to requirements established by the board, and suspend 
  5.11  or revoke licenses pursuant to sections 122A.20 and 214.10.  The 
  5.12  board must not establish any expiration date for application for 
  5.13  life licenses.  
  5.14     (k) The board must adopt rules that require all licensed 
  5.15  teachers who are renewing their continuing license to include in 
  5.16  their renewal requirements further preparation in the areas of 
  5.17  using positive behavior interventions and in accommodating, 
  5.18  modifying, and adapting curricula, materials, and strategies to 
  5.19  appropriately meet the needs of individual students and ensure 
  5.20  adequate progress toward the state's graduation rule.  
  5.21     (l) In adopting rules to license public school teachers who 
  5.22  provide health-related services for disabled children, the board 
  5.23  shall adopt rules consistent with license or registration 
  5.24  requirements of the commissioner of health and the 
  5.25  health-related boards who license personnel who perform similar 
  5.26  services outside of the school. 
  5.27     (m) The board must adopt rules that require all licensed 
  5.28  teachers who are renewing their continuing license to include in 
  5.29  their renewal requirements further reading preparation, 
  5.30  consistent with section 122A.06, subdivision 4.  The rules do 
  5.31  not take effect until they are approved by law.  
  5.32     (n) The board must adopt rules that require all licensed 
  5.33  teachers who are renewing their continuing license to include in 
  5.34  their renewal requirements further preparation in understanding 
  5.35  and identifying the key warning signs of early-onset mental 
  5.36  illness in children and adolescents. 
  6.1      Sec. 4.  Minnesota Statutes 2002, section 125A.08, is 
  6.2   amended to read: 
  6.3      125A.08 [SCHOOL DISTRICT OBLIGATIONS.] 
  6.4      (a) As defined in this section, every district must ensure 
  6.5   the following: 
  6.6      (1) all students with disabilities are provided the special 
  6.7   instruction and services which are appropriate to their needs.  
  6.8   Where the individual education plan team has determined 
  6.9   appropriate goals and objectives based on the student's needs, 
  6.10  including the extent to which the student can be included in the 
  6.11  least restrictive environment, and where there are essentially 
  6.12  equivalent and effective instruction, related services, or 
  6.13  assistive technology devices available to meet the student's 
  6.14  needs, cost to the district may be among the factors considered 
  6.15  by the team in choosing how to provide the appropriate services, 
  6.16  instruction, or devices that are to be made part of the 
  6.17  student's individual education plan.  The individual education 
  6.18  plan team shall consider and may authorize services covered by 
  6.19  medical assistance according to section 256B.0625, subdivision 
  6.20  26.  The student's needs and the special education instruction 
  6.21  and services to be provided must be agreed upon through the 
  6.22  development of an individual education plan.  The plan must 
  6.23  address the student's need to develop skills to live and work as 
  6.24  independently as possible within the community.  The individual 
  6.25  education plan team must consider positive behavioral 
  6.26  interventions, strategies, and supports that address behavior 
  6.27  for children with attention deficit disorder or attention 
  6.28  deficit hyperactivity disorder.  By grade 9 or age 14, the plan 
  6.29  must address the student's needs for transition from secondary 
  6.30  services to post-secondary education and training, employment, 
  6.31  community participation, recreation, and leisure and home 
  6.32  living.  In developing the plan, districts must inform parents 
  6.33  of the full range of transitional goals and related services 
  6.34  that should be considered.  The plan must include a statement of 
  6.35  the needed transition services, including a statement of the 
  6.36  interagency responsibilities or linkages or both before 
  7.1   secondary services are concluded; 
  7.2      (2) children with a disability under age five and their 
  7.3   families are provided special instruction and services 
  7.4   appropriate to the child's level of functioning and needs; 
  7.5      (3) children with a disability and their parents or 
  7.6   guardians are guaranteed procedural safeguards and the right to 
  7.7   participate in decisions involving identification, assessment 
  7.8   including assistive technology assessment, and educational 
  7.9   placement of children with a disability; 
  7.10     (4) eligibility and needs of children with a disability are 
  7.11  determined by an initial assessment or reassessment, which may 
  7.12  be completed using existing data under United States Code, title 
  7.13  20, section 33, et seq.; 
  7.14     (5) to the maximum extent appropriate, children with a 
  7.15  disability, including those in public or private institutions or 
  7.16  other care facilities, are educated with children who are not 
  7.17  disabled, and that special classes, separate schooling, or other 
  7.18  removal of children with a disability from the regular 
  7.19  educational environment occurs only when and to the extent that 
  7.20  the nature or severity of the disability is such that education 
  7.21  in regular classes with the use of supplementary services cannot 
  7.22  be achieved satisfactorily; 
  7.23     (6) in accordance with recognized professional standards, 
  7.24  testing and evaluation materials, and procedures used for the 
  7.25  purposes of classification and placement of children with a 
  7.26  disability are selected and administered so as not to be 
  7.27  racially or culturally discriminatory; ~~and~~ 
  7.28     (7) the rights of the child are protected when the parents 
  7.29  or guardians are not known or not available, or the child is a 
  7.30  ward of the state~~.~~; 
  7.31     (8) strategies are developed by the district in conjunction 
  7.32  with the county board responsible for implementing sections 
  7.33  245.487 to 245.4888 to keep a student with emotional or 
  7.34  behavioral disorders in school, when the district has a drop-out 
  7.35  rate for students with an emotional or behavioral disorder 
  7.36  exceeding 25 percent; and 
  8.1      (9) a plan is developed by the district in conjunction with 
  8.2   the local mental health authority to increase the graduation 
  8.3   rates of students with emotional or behavioral disorders.  A 
  8.4   district with a drop-out rate for children with an emotional or 
  8.5   behavioral disturbance in the top 25 percent of all districts 
  8.6   shall submit a plan for review and oversight to the commissioner.
  8.7      (b) For paraprofessionals employed to work in programs for 
  8.8   students with disabilities, the school board in each district 
  8.9   shall ensure that: 
  8.10     (1) before or immediately upon employment, each 
  8.11  paraprofessional develops sufficient knowledge and skills in 
  8.12  emergency procedures, building orientation, roles and 
  8.13  responsibilities, confidentiality, vulnerability, and 
  8.14  reportability, among other things, to begin meeting the needs of 
  8.15  the students with whom the paraprofessional works; 
  8.16     (2) annual training opportunities are available to enable 
  8.17  the paraprofessional to continue to further develop the 
  8.18  knowledge and skills that are specific to the students with whom 
  8.19  the paraprofessional works, including understanding 
  8.20  disabilities, following lesson plans, and implementing follow-up 
  8.21  instructional procedures and activities; and 
  8.22     (3) a districtwide process obligates each paraprofessional 
  8.23  to work under the ongoing direction of a licensed teacher and, 
  8.24  where appropriate and possible, the supervision of a school 
  8.25  nurse.