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June 21, 2023
Legislative Update on Student Discipline and the Pupil Fair Dismissal Act (PFDA)
The following amendments are effective for the 2023-24 school year and later, unless otherwise noted.
The Pupil Fair Dismissal Act (PFDA), contained in Minnesota Statutes, sections 121A.40 to 121A.56, and applicable to students with and without disabilities, was amended as follows:
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Amends the definition of “pupil” under the PFDA to mean “any student (1) without a disability under 21 years of age; or (2) with a disability under 22 years old who has not received a regular high school diploma; and (3) who remains eligible to attend a public elementary or secondary school,” consistent with the amendment in Minnesota Statutes, section 120A.20, subdivision 1, setting the age limitations for public school enrollment. Minn. Stat. § 121A.41, subd. 7 (2023).
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Defines “nonexclusionary disciplinary policies and practices” as “policies and practices that are alternatives to dismissing a pupil from school, including but not limited to evidence-based positive behavior interventions and supports, social and emotional services, school-linked mental health services, counseling services, social work services, academic screening for Title 1 services or reading interventions, and alternative education services. Nonexclusionary disciplinary policies and practices include but are not limited to the policies and practices under Minnesota Statutes, sections 120B.12; 121A.575, clauses (1) and (2); 121A.031, subdivision 4, paragraph (a), clause (1); 121A.61, subdivision 3, paragraph (r); and 122A.627, clause (3).” Minn. Stat. § 121A.41, subd. 12 (2023).
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Defines “pupil withdrawal agreement” as “a verbal or written agreement between a school administrator or district administrator and a pupil's parent to withdraw a student from the school district to avoid expulsion or exclusion dismissal proceedings. The duration of the withdrawal agreement cannot be for more than a 12-month period.” Minn. Stat. § 121A.41, subd. 13 (2023).
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Adds pupils enrolled in “kindergarten through grade 3” to the pupils for whom disciplinary dismissals are prohibited and for whom nonexclusionary discipline resources must be exhausted and “an ongoing serious safety threat to the child or others” must be present before expulsions and exclusions may be used, effective July 1, 2023. The amended statute states that “[t]his provision does not apply to a dismissal from school for less than one school day, except as provided under chapter 125A and federal law for a student receiving special education services.” This statute also continues to apply to pupils enrolled in preschool or prekindergarten programs, including early childhood family education, school readiness, school readiness plus, voluntary prekindergarten, Head Start, or other school-based preschool or prekindergarten programs. Minn. Stat. § 121A.425 (2023).
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Amends the statute requiring the provision of alternative programs before dismissal to state: “No school shall dismiss any pupil without attempting to use nonexclusionary disciplinary policies and practices before dismissal proceedings or pupil withdrawal agreements, except where it appears that the pupil will create an immediate and substantial danger to self or to surrounding persons or property.” Minn. Stat. § 121A.45, subd. 1 (2023).
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Adds a requirement to the suspension procedures that “[a]lternative education services must be provided to a pupil who is suspended for more than five consecutive school days.” The amended statute also clarifies that the provision requiring alternative educational services when a pupil is suspended pending the school board’s decision in an expulsion or exclusion hearing applies “to the extent that suspension exceeds five consecutive school days.” Minn. Stat. § 121A.46, subd. 4 (2023).
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Adds a new subdivision to the suspension procedures requiring “Minimum education services. School administration must allow a suspended pupil the opportunity to complete all school work assigned during the period of the pupil's suspension and to receive full credit for satisfactorily completing the assignments. The school principal or other person having administrative control of the school building or program is encouraged to designate a district or school employee as a liaison to work with the pupil's teachers to allow the suspended pupil to (1) receive timely course materials and other information, and (2) complete daily and weekly assignments and receive teachers' feedback.” Minn. Stat. § 121A.46, subd. 5 (2023).
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Amends the exclusion and expulsion procedures to require that written notice “describe the nonexclusionary discipline practices accorded the pupil in an attempt to avoid the expulsion proceedings” and to require that the district advise the pupil's parent or guardian “that a legal assistance resource list is available from the Department of Education and is posted on their website.” Minn. Stat. § 121A.47, subd. 2 (2023).
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Amends the exclusion and expulsion procedures to make mandatory the requirement that an admission or readmission plan for a pupil who is excluded or expelled contain “measures to improve the pupil's behavior” and expands the list of options to include “social and emotional learning, counseling, social work services, mental health services, referrals for special education or 504 evaluation, and evidence-based academic interventions” in addition to completing a character education program. The amended statute also clarifies: “The plan must include reasonable attempts to obtain parental involvement in the admission or readmission process, and may indicate the consequences to the pupil of not improving the pupil's behavior.” Minn. Stat. § 121A.47, subd. 14(a) (2023).
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Changes the definition of suspension under Minnesota Statutes, section 121A.41, subdivision 10, so that it “does not apply to a student's dismissal from school for less than one school day, except as provided under federal law for a student with a disability.” Minn. Stat. § 121A.47, subd. 14(b) (2023).
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Expands reporting requirements to require school districts to report to the Minnesota Department of Education (MDE) “each pupil withdrawal agreement within 30 days of the effective date of the . . . pupil withdrawal” as well as “a statement of nonexclusionary disciplinary practices.” Minn. Stat. § 121A.53, subd. 1 (2023).
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Adds “nonexclusionary disciplinary policies and practices consistent with section 121A.41, subdivision 12” to the policies that must be established by each school board. Minn. Stat. § 121A.55(a) (2023).
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Adds the following policies that must be established by each school board “[f]or expulsion and exclusion dismissals and pupil withdrawal agreements as defined in section 121A.41, subdivision 13:
(1) for a pupil who remains enrolled in the district or is awaiting enrollment in a new district, a school district's continuing responsibility includes reviewing the pupil's schoolwork and grades on a quarterly basis to ensure the pupil is on track for readmission with the pupil's peers. A school district must communicate on a regular basis with the pupil's parent or guardian to ensure that the pupil is completing the work assigned through the alternative educational services as defined in section 121A.41, subdivision 11. These services are required until the pupil enrolls in another school or returns to the same school;
(2) a pupil receiving school-based or school-linked mental health services in the district under section 245.4889 continues to be eligible for those services until the pupil is enrolled in a new district; and
(3) a school district must provide to the pupil's parent or guardian information on accessing mental health services, including any free or sliding fee providers in the community. The information must also be posted on the district or charter school website.” Minn. Stat. § 121A.55(d) (2023).
Additional statutory provisions amended or added pertaining to discipline related issues that fall outside of the PFDA include: Minnesota Statutes, section 121A.031 (Safety Requirement Guidelines); Minnesota Statutes, section 121A.0312 (Malicious and Sadistic Conduct); Minnesota Statutes, section 121A.038 (Students Safe at School); Minnesota Statutes, section 121A.58 (Corporal Punishment; Prone Restraint; and Certain Physical Holds); Minnesota Statutes, section 121A.582 (Student Discipline; Reasonable Force); Minnesota Statutes, section § 121A.61 (Discipline and Removal of Student from Class); Minnesota Statutes, section 121A.611 (Recess and Other Breaks); and Minnesota Statutes, section 121A.0942 (Standards for Restrictive Procedures).
View the legislative update pertaining to Restrictive Procedures, Prone Restraint, and Reasonable Force on the MDE website.
Please direct any questions for the MDE to consider while developing guidance for the field on this topic to mde.assistance-compliance@state.mn.us.
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