SF3723

Purpose

• The bill aims to ensure full and equitable participation in early learning by changing how students in preschool through early elementary grades are disciplined. It shifts away from automatic dismissals, expulsions, and exclusions, and requires nonexclusionary supports and safeguards to address behavior while keeping students in their educational programs.

Main Provisions

• Subdivision 1 – Disciplinary dismissals prohibited

  • A student enrolled in certain early learning programs (preschool, prekindergarten, early childhood family education, school readiness, School Readiness Plus, voluntary prekindergarten, Head Start, or other schoolbased preschool/prekindergarten programs) and students in kindergarten through third grade may not be dismissed under this chapter.
  • The prohibition does not apply to dismissals from school for less than one school day, except as allowed under chapter 125A and federal law for students receiving special education services.
  • Expulsions and exclusions may only be used after the resources listed in Subdivision 2 have been exhausted and only if there is an ongoing serious safety threat to the student or others.

• Subdivision 2 – Nonexclusionary discipline

  • Requires at least one of the following:
  • Collaborating with the student’s family or guardian, a mental health professional, an education specialist, or other community-based supports.
  • Creating a written plan with the parent/guardian detailing actions and support needed for the student to participate fully in the current program (preschool/prekindergarten, etc.).
  • Providing referrals for needed support services (e.g., parenting education, home visits, other educational interventions) or, where appropriate, an evaluation to determine eligibility for special education services or a Section 504 plan.

• Subdivision 3 – Suspension

  • A suspension may occur only if there is an ongoing serious safety threat to the student or others and only after nonexclusionary discipline has been exhausted.
  • The procedural requirements in section 121A.46 apply to suspensions.

• Subdivision 4 – Exclusion and expulsion

  • Exclusion or expulsion may occur only if there is an ongoing serious safety threat and after nonexclusionary discipline has been exhausted.
  • The procedural requirements in section 121A.47 apply to exclusions or expulsions.

Significant Changes to Existing Law

• Replaces automatic disciplinary dismissals for early learning students with a framework focused on nonexclusionary supports and collaboration.
• Requires proactive engagement with families, mental health professionals, and community supports before considering suspension, exclusion, or expulsion.
• Establishes clear thresholds and due process requirements (121A.46 for suspensions; 121A.47 for exclusions/expulsions) to protect students while addressing safety concerns.
• Emphasizes that most discipline should prioritize ongoing participation in early learning programs rather than removal from the program.

Practical Implications

• Schools and early learning providers would prioritize supports and individualized planning over removing students from their learning environment.
• Families would be more directly involved in planning and accessing services.
• Any use of suspension, exclusion, or expulsion would be tightly limited and governed by explicit procedural requirements.

Relevant Terms - early learning programs, preschool, prekindergarten, school readiness, School Readiness Plus, Head Start - kindergarten through grade 3 - disciplinary dismissals, suspensions, exclusions, expulsions - nonexclusionary discipline - family/guardian collaboration - mental health consultant/provider - education specialist - community-based supports - action plan, parental involvement - referrals for support services, home visits - special education services, Section 504 services - ongoing serious safety threat - Minnesota Statutes 121A.46, 121A.47 - chapter 125A (special education context)