Chapter 121A — Pupil Fair Dismissal Act
Minnesota Statutes Chapter 121A — Pupil Fair Dismissal Act
121A.001
Repealed section number reserved for Chapter 121A on school discipline and safety.
121A.01
Definitions
Defines key terms used throughout the school discipline and safety chapter by referencing section 120A.05.
121A.03
Model Policy
The education commissioner must provide a model policy on sexual, religious, and racial harassment and violence for …
121A.031
School Student Bullying Policy
Requires public schools to adopt a bullying prevention policy covering in-person and online bullying of students.
121A.0311
Notice of the Rights and Responsibilities of Students and Parents Under the Safe and Supportive Minnesota Schools Act
Schools must tell students and parents about their rights under the Safe and Supportive Minnesota Schools Act each year.
121A.0312
Malicious and Sadistic Conduct
Schools must have a written policy banning cruel, harmful conduct and sexual exploitation by staff or students.
121A.035
Crisis Management Policy
Schools must adopt a crisis management policy including lockdown drills, fire drills, and tornado drills.
121A.037
School Safety Drills
Private schools must hold at least five lockdown drills, five fire drills, and one tornado drill each year.
121A.038
Student Safety Drills at School
Sets rules for active shooter drills in schools, requiring they be age-appropriate, trauma-informed, and allow parents …
121A.04
Athletic Programs; Sex Discrimination
Schools must give boys and girls equal chances to play sports and may not discriminate based on sex in athletics.
121A.041
American Indian Mascots Prohibited
Public schools may not use American Indian mascots, names, or images for their teams or activities.
121A.05
Policy to Refer Firearms Possessor
Schools must have a policy to refer anyone found with a gun on school property to police.
121A.06
Reports of Dangerous Weapon Incidents and Active Shooter Incidents in School Zones
Schools must report dangerous weapon incidents and active shooter incidents in school zones to the state.
121A.065
District Surveys to Collect Student Information; Parent Notice and Opportunity for Opting Out
Schools must get written parent consent before surveying students about personal topics like politics, religion, or …
121A.0695
Repealed section previously related to student surveys or information collection.
121A.08
Smudging Permitted
Schools may allow American Indian students and staff to burn sage or other plants for spiritual smudging ceremonies.
121A.10
Moment of Silence
Schools may offer a moment of silence at the start of the school day for students to reflect or pray quietly.
121A.11
United States Flag
Every public school must display the United States flag, and students must be able to recite the Pledge of Allegiance.
121A.15
Health Standards; Immunizations; School Children
Children must get required vaccinations before starting school unless they have a medical or personal exemption.
121A.16
Repealed section previously related to immunization requirements for school children.
121A.17
Repealed section previously related to immunization requirements for school children.
121A.18
Repealed section previously related to immunization requirements for school children.
121A.19
Repealed section previously related to immunization requirements for school children.
121A.20
Licensed School Nurse
School districts may hire licensed school nurses to serve students and coordinate school health services.
121A.201
Mtss and Collaborative Minnesota Partnerships to Advance Student Success (compass)
Creates a partnership program (COMPASS) to help schools support student success through multi-tiered systems of support.
121A.21
School Health Services
School boards must provide health services for students, including screening, emergency care, and referrals.
121A.212
Access to Menstrual Products
Schools must provide free menstrual products in restrooms for students in grades 4 through 12.
121A.215
Local School District Wellness Policies; Website
School districts must post their wellness policies on their website for public access.
121A.216
Access to Space for Mental Health Care Through Telehealth
Schools must provide a private space where students can receive mental health care through telehealth.
121A.22
Administration of Drugs and Medicine
Sets rules for giving prescription and nonprescription medicine to students at school, requiring written parent and …
121A.2205
Possession and Use of Epinephrine Delivery Systems; Model Policy
Students with severe allergies can carry and use epinephrine auto-injectors (like EpiPens) at school.
121A.2207
Life-threatening Allergies in Schools; Stock Supply of Epinephrine Delivery Systems
Schools must keep a stock supply of epinephrine auto-injectors on hand for life-threatening allergic reactions.
121A.221
Possession and Use of Asthma Inhalers by Asthmatic Students
Students with asthma can carry and use their inhalers at school with a doctor's note and parent permission.
121A.222
Possession and Use of Nonprescription Pain Relievers by Secondary Students
High school students may carry and use nonprescription pain relievers like ibuprofen at school with parent permission.
121A.223
Possession and Use of Sunscreen
Students may carry and apply sunscreen at school without needing a doctor's note.
121A.224
Opiate Antagonists
Schools may stock and allow trained staff to give naloxone (Narcan) to respond to opioid overdoses.
121A.23
Programs to Prevent and Reduce the Risks of Sexually Transmitted Infections and Diseases
Schools may offer programs to teach students how to prevent sexually transmitted infections and diseases.
121A.24
Seizure Training and Action Plan
Schools must train staff on seizure awareness and have action plans for students with known seizure disorders.
121A.241
Cardiac Emergency Response Plan
Schools with athletic programs should have a cardiac emergency response plan and access to an AED (defibrillator).
121A.25
Chemical Abuse Preassessment Teams; Definitions
Defines key terms for the chemical abuse preassessment program, including what counts as chemical abuse.
121A.26
School Preassessment Teams
Each school must have a team to assess students who may be abusing drugs or alcohol and connect them to help.
121A.27
Repealed section previously related to school chemical abuse programs.
121A.28
Law Enforcement Records
Schools may share certain law enforcement records about students to help keep schools safe.
121A.29
Reporting; Chemical Abuse
Schools must report data about student chemical abuse to the education commissioner.
121A.30
Pesticide Application at Schools
Schools must notify parents before applying pesticides and post warning signs around treated areas.
121A.31
Safety Requirement Guidelines
The education commissioner must publish safety guidelines for school buildings and equipment.
121A.32
Eye Protective Devices
Students and teachers must wear protective eyewear during shop class, science labs, and other hazardous activities.
121A.33
Certain Mercury Use in Schools Prohibited
Schools may not use mercury thermometers or other mercury-containing items in the classroom.
121A.335
Lead in School Drinking Water
Schools must test drinking water for lead and fix any fixtures that have unsafe lead levels.
121A.336
Notification of Environmental Hazards
Schools must tell parents about known environmental hazards like lead paint, asbestos, or mold in school buildings.
121A.34
School Safety Patrols
Schools may set up student safety patrols to help younger students cross streets near school.
121A.35
Suicide Prevention Information; Identification Cards
Schools must print the suicide prevention hotline number on student ID cards for grades 6 through 12.
121A.36
Repealed section previously related to school safety or student welfare.
121A.37
Youth Sports Programs
Sets safety standards for youth sports programs, including rules about coaching qualifications and training.
121A.38
Concussion Procedures
Sets procedures for handling student concussions in school sports, including removal from play and return-to-play rules.
121A.39
School Counselors
Requires school districts to hire enough school counselors to meet student needs.
121A.40
Citation
States that sections 121A.40 through 121A.56 are called the Pupil Fair Dismissal Act.
121A.41
Definitions
Defines key terms for the Pupil Fair Dismissal Act, including dismissal, exclusion, expulsion, and suspension.
121A.42
Policy
Schools must have a written discipline policy that is shared with students and parents each year.
121A.425
Full and Equitable Participation in Early Learning
Children may not be expelled or excluded from early learning programs for behavioral reasons alone.
121A.43
Exclusion and Expulsion of Pupils With a Disability
Students with disabilities have extra protections before they can be excluded or expelled from school.
121A.44
Expulsion for Possession of Firearm
Schools must expel for at least one year any student who brings a firearm to school, with some exceptions.
121A.45
Grounds for Dismissal
Lists the reasons a school can dismiss a student, including willful conduct that disrupts school or endangers others.
121A.46
Suspension Procedures
Sets the rules schools must follow when suspending a student, including notice and a chance to be heard.
121A.47
Exclusion and Expulsion Procedures
Sets the rules for excluding or expelling a student, including notice, a hearing, and the right to an attorney.
121A.48
Good Faith Exception
A student acting in good faith self-defense or defense of others may not be punished under the dismissal act.
121A.49
Appeal
Parents can appeal a school's exclusion or expulsion decision to the education commissioner.
121A.50
Judicial Review
A parent can ask a court to review the commissioner's decision on a school exclusion or expulsion appeal.
121A.51
Reports to Service Agency
Schools must report excluded or expelled students to the county social services agency.
121A.52
Nonapplication of Compulsory Attendance Law
Students who are properly excluded or expelled do not have to attend school during the exclusion period.
121A.53
Report to Commissioner of Education
Schools must report all dismissal actions to the education commissioner.
121A.54
Notice of Right to Be Reinstated
Dismissed students must be told about their right to return to school when the dismissal period ends.
121A.55
Policies to Be Established
School boards must adopt policies on student dismissal, including graduated consequences for misbehavior.
121A.56
Application
The Pupil Fair Dismissal Act applies to all public schools and charter schools in Minnesota.
121A.57
Repealed section previously related to student discipline procedures.
121A.575
Alternatives to Pupil Suspension
Schools should try alternatives like counseling or mediation before suspending a student.
121A.58
Corporal Punishment; Prone Restraint; and Certain Physical Holds
Bans corporal punishment and prone restraint in schools. Physical force is only allowed to protect safety.
121A.582
Student Discipline; Reasonable Force
School staff may use reasonable force to restrain a student only when needed to prevent harm to the student or others.
121A.585
Notice of Recording Device on a School Bus
Schools must notify parents and students that recording cameras may be used on school buses.
121A.59
Bus Transportation a Privilege Not a Right
Riding the school bus is a privilege, not a right. Students can lose bus privileges for misbehavior.
121A.60
Definitions
Defines key terms for the student discipline and classroom removal rules in sections 121A.60 to 121A.67.
121A.61
Discipline and Removal of Students From Class
Sets the process for removing disruptive students from class, with required notice to parents and due process.
121A.611
Recess and Other Breaks
Schools must provide daily recess for elementary students and cannot take it away as punishment.
121A.612
Unscheduled Student Removal From Class; School Policy
Sets rules for when teachers remove students from class without advance planning, including documentation requirements.
121A.62
Repealed section previously related to student classroom removal procedures.
121A.63
Repealed section previously related to student classroom removal procedures.
121A.64
Notification; Teachers' Legitimate Educational Interest
Teachers can be told about students who have been involved in violent or drug-related incidents.
121A.642
Paraprofessional Training
Paraprofessionals who work with students must receive training on de-escalation and positive behavior support.
121A.65
Review of Policy
School discipline policies must be reviewed regularly and updated in consultation with parents and community.
121A.66
Repealed section previously related to student discipline policy review.
121A.67
Removal by Peace Officer
A peace officer may remove a student from school grounds if the student poses a danger or is breaking the law.
121A.69
Hazing Policy
Schools must have a policy against hazing and must discipline students who engage in hazing activities.
121A.70
Secret Fraternities and Societies
Secret fraternities and societies are banned in public schools. Members can be expelled.
121A.72
School Locker Policy
Schools must have a written policy on student locker searches, and students must be told lockers may be searched.
121A.73
School Cell Phone Policy
Schools must adopt a policy governing student use of cell phones and personal electronic devices during school.
121A.75
Receipt of Records; Sharing
Schools must share discipline and safety records when a student transfers to a new school.
121A.80
Student Journalism; Student Expression
Student journalists have the right to free expression in school publications, with limited restrictions.
142D.09
Early Childhood Health and Development Screening; Purpose
Sets up a program to screen young children for health and developmental problems before they start school.
142D.092
Data Use
Screening data about individual children is private and cannot be shared with schools without parent consent.
142D.093
Developmental Screening Aid
The state pays school districts for each child they screen, with higher payments for younger children.
171.335
Motorcycle Safety Education Program
Creates a state motorcycle safety education program that trains instructors and reimburses course costs.