1.1.................... moves to amend H.F. No. 1179, the first engrossment, as follows:
1.2Page 59, line 22, after the second period insert "(a)"
1.3Page 59, after line 28, insert
1.4"(b) A "student with a disability" or a "pupil with a disability" has the same meaning
1.5as a "child with a disability" under section 125A.02.

1.6    Sec. 2. Minnesota Statutes 2008, section 121A.41, subdivision 10, is amended to read:
1.7    Subd. 10. Suspension. "Suspension" means an action by the school administration,
1.8under rules promulgated by the school board, prohibiting a pupil from attending school
1.9for a period of no more than ten school days. If a suspension is longer than five days,
1.10the suspending administrator must provide the superintendent with a reason for the
1.11longer suspension. This definition does not apply to dismissal from school for one school
1.12day or less, except as provided in federal law for a student with a disability. Each
1.13suspension action may include a readmission plan. The readmission plan shall include,
1.14where appropriate, a provision for implementing alternative educational services upon
1.15readmission and may not be used to extend the current suspension. Consistent with section
1.16125A.091, subdivision 5 , the readmission plan must not obligate a parent to provide a
1.17sympathomimetic medication for the parent's child as a condition of readmission. The
1.18school administration may not impose consecutive suspensions against the same pupil
1.19for the same course of conduct, or incident of misconduct, except where the pupil will
1.20create an immediate and substantial danger to self or to surrounding persons or property,
1.21or where the district is in the process of initiating an expulsion, in which case the school
1.22administration may extend the suspension to a total of 15 school days. In the case
1.23of a student with a disability, the student's individual education plan team must meet
1.24immediately but not more than ten school days after the date on which the decision to
1.25remove the student from the student's current education placement is made. The individual
1.26education plan team and other qualified personnel shall at that meeting: conduct a review
2.1of the relationship between the child's disability and the behavior subject to disciplinary
2.2action; and determine the appropriateness of the child's education plan.
2.3The requirements of the individual education plan team meeting apply when:
2.4(1) the parent requests a meeting;
2.5(2) the student is removed from the student's current placement for five or more
2.6consecutive days; or
2.7(3) the student's total days of removal from the student's placement during the
2.8school year exceed ten cumulative days in a school year. The school administration shall
2.9implement alternative educational services when the suspension exceeds five days. A
2.10separate administrative conference is required for each period of suspension.

2.11    Sec. 3. Minnesota Statutes 2008, section 121A.43, is amended to read:
2.12121A.43 EXCLUSION AND EXPULSION OF PUPILS WITH A DISABILITY.
2.13(a) Consistent with federal law governing days of removal and section 121A.46,
2.14school personnel may suspend a child with a disability. When a child with a disability
2.15has been suspended for more than five consecutive school days or 10 cumulative school
2.16days in the same school year, and that suspension does not involve a recommendation
2.17for expulsion or exclusion or other change of placement under federal law, relevant
2.18members of the child's individualized education program team, including at least one of
2.19the child's teachers, shall meet and determine the extent the child needs services in order
2.20to continue to participate in the general education curriculum, although in another setting,
2.21and to progress toward meeting the goals in the child's individualized education program.
2.22That meeting must occur as soon as possible, but no more than 10 days after the sixth
2.23consecutive day of suspension or the tenth cumulative day of suspension has elapsed.
2.24(b) A dismissal for one school day or less is a day of suspension if the child with a
2.25disability does not receive regular or special education instruction during that dismissal
2.26period. The notice requirements under section 121A.46 do not apply to a dismissal
2.27of one day or less.
2.28(c) A child with a disability shall be provided alternative educational services to the
2.29extent a suspension exceeds five consecutive school days.
2.30(d) Before initiating an expulsion or exclusion under sections 121A.40 to 121A.56,
2.31the district, relevant members of the child's individualized education program team,
2.32and the child's parent shall, consistent with federal law, determine whether the child's
2.33behavior was caused by or had a direct and substantial relationship to the child's disability
2.34and whether the child's conduct was a direct result of a failure to implement the child's
2.35individualized education program. When a pupil child with a disability who has an
2.36individual individualized education plan program is excluded or expelled under sections
3.1121A.40 to 121A.56 for misbehavior that is not a manifestation of the pupil's child's
3.2disability, the district shall continue to provide special education and related services after
3.3a period of suspension, if suspension is imposed. The district shall initiate a review of
3.4the pupil's individual education plan and conduct a review of the relationship between
3.5the pupil's disability and the behavior subject to disciplinary action and determine
3.6the appropriateness of the pupil's education plan before commencing an expulsion or
3.7exclusion during the exclusion or expulsion. "
3.8Renumber the sections in sequence and correct the internal references
3.9Amend the title accordingly