1.1 A bill for an act
1.2 relating to education; modifying requirements for students with mental illness;
1.3 requiring mental health instruction that is approved by the Department of Education;
1.4 providing for youth sports program training on mental illness and suicide
1.5 prevention; modifying requirements of the statewide plan on restrictive procedures;
amending Minnesota Statutes 2024, sections 120B.21; 121A.37; 125A.0942, subdivision 3.1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2024, section 120B.21, is amended to read:
1.10 120B.21 MENTAL HEALTH EDUCATION.
1.11 (a) School districts and charter schools are encouraged to provide mental health instruction
1.12 for students in grades 4 through 12 aligned with local health standards and integrated into
1.13 existing programs, curriculum, or the general school environment of a district or charter
1.14 school. The commissioner, in consultation with the commissioner of human services,
1.15 commissioner of health, and mental health organizations, must, by July 1, 2020, and July
1.16 1 of each even-numbered year thereafter, provide districts and charter schools with resources
1.17 gathered by Minnesota mental health advocates, including:
1.18 (1) age-appropriate model learning activities for grades 4 through 12 that encompass
1.19 the mental health components of the National Health Education Standards and the
1.20 benchmarks developed by the department's quality teaching network in health and best
1.21 practices in mental health education; and
1.22 (2) a directory of resources for planning and implementing age-appropriate mental health
1.23 curriculum and instruction in grades 4 through 12 that includes resources on suicide and
1.24 self-harm prevention. A district or charter school providing instruction or presentations on
2.1 preventing suicide or self-harm must use either the resources provided by the commissioner
2.2 or other evidence-based instruction.
2.3 (b) Starting in the 2026-2027 school year, school districts and charter schools must
2.4 provide mental health instruction in accordance with paragraph (a) with curriculum that is
2.5 approved by the Department of Education.
2.6 Sec. 2. Minnesota Statutes 2024, section 121A.37, is amended to read:
2.7 121A.37 YOUTH SPORTS PROGRAMS.
2.8 (a) Consistent with section 121A.38, any municipality, business, or nonprofit organization
2.9 that organizes a youth athletic activity for which an activity fee is charged shall:
2.10 (1) make information accessible to all participating coaches, officials, and youth athletes
2.11 and their parents or guardians about the nature and risks of concussions, including the effects
2.12 and risks of continuing to play after receiving a concussion, and the protocols and content,
2.13 consistent with current medical knowledge from the Centers for Disease Control and
2.14 Prevention, related to:
2.15 (i) the nature and risks of concussions associated with athletic activity;
2.16 (ii) the signs, symptoms, and behaviors consistent with a concussion;
2.17 (iii) the need to alert appropriate medical professionals for urgent diagnosis and treatment
2.18 when a youth athlete is suspected or observed to have received a concussion; and
2.19 (iv) the need for a youth athlete who sustains a concussion to follow proper medical
2.20 direction and protocols for treatment and returning to play; and
2.21 (2) require all participating coaches and officials to receive initial online training and
2.22 online training at least once every three calendar years thereafter, consistent with clause (1)
2.23 and the Concussion in Youth Sports online training program available on the Centers for
2.24 Disease Control and Prevention website.; and
2.25 (3) provide training on the key warning signs of mental illness in children and adolescents
2.26 and training on suicide prevention. A teacher who has completed the mental illness training
2.27 renewal requirement under section 122A.187, subdivision 6, has satisfied this requirement.
2.28 (b) A coach or official shall remove a youth athlete from participating in any youth
2.29 athletic activity when the youth athlete:
2.30 (1) exhibits signs, symptoms, or behaviors consistent with a concussion; or
2.31 (2) is suspected of sustaining a concussion.
3.1 (c) When a coach or official removes a youth athlete from participating in a youth athletic
3.2 activity because of a concussion, the youth athlete may not again participate in the activity
3.3 until the youth athlete:
3.4 (1) no longer exhibits signs, symptoms, or behaviors consistent with a concussion; and
3.5 (2) is evaluated by a provider trained and experienced in evaluating and managing
3.6 concussions and the provider gives the youth athlete written permission to again participate
3.7 in the activity.
3.8 (d) Failing to remove a youth athlete from an activity under this section does not violate
3.9 section 604A.11, subdivision 2, clause (6), consistent with paragraph (e).
3.10 (e) This section does not create any additional liability for, or create any new cause of
3.11 legal action against, a municipality, business, or nonprofit organization or any officer,
3.12 employee, or volunteer of a municipality, business, or nonprofit organization.
3.13 (f) For the purposes of this section, a municipality means a home rule charter city, a
3.14 statutory city, or a town.
3.15 Sec. 3. Minnesota Statutes 2024, section 125A.0942, subdivision 3, is amended to read:
3.16 Subd. 3.Physical holding or seclusion. (a) Physical holding or seclusion may be used
3.17 only in an emergency. A school that uses physical holding or seclusion shall meet the
3.18 following requirements:
3.19 (1) physical holding or seclusion is the least intrusive intervention that effectively
3.20 responds to the emergency;
3.21 (2) physical holding or seclusion is not used to discipline a noncompliant child;
3.22 (3) physical holding or seclusion ends when the threat of harm ends and the staff
3.23 determines the child can safely return to the classroom or activity;
3.24 (4) staff directly observes the child while physical holding or seclusion is being used;
3.25 (5) each time physical holding or seclusion is used, the staff person who implements or
3.26 oversees the physical holding or seclusion documents, as soon as possible after the incident
3.27 concludes, the following information:
3.28 (i) a description of the incident that led to the physical holding or seclusion;
3.29 (ii) why a less restrictive measure failed or was determined by staff to be inappropriate
3.30 or impractical;
3.31 (iii) the time the physical holding or seclusion began and the time the child was released;
4.1 (iv) a brief record of the child's behavioral and physical status; and
4.2 (v) a brief description of the post-use debriefing that occurred as a result of the use of
4.3 the physical hold or seclusion;
4.4 (6) the room used for seclusion must:
4.5 (i) be at least six feet by five feet;
4.6 (ii) be well lit, well ventilated, adequately heated, and clean;
4.7 (iii) have a window that allows staff to directly observe a child in seclusion;
4.8 (iv) have tamperproof fixtures, electrical switches located immediately outside the door,
4.9 and secure ceilings;
4.10 (v) have doors that open out and are unlocked, locked with keyless locks that have
4.11 immediate release mechanisms, or locked with locks that have immediate release mechanisms
4.12 connected with a fire and emergency system; and
4.13 (vi) not contain objects that a child may use to injure the child or others; and
4.14 (7) before using a room for seclusion, a school must:
4.15 (i) receive written notice from local authorities that the room and the locking mechanisms
4.16 comply with applicable building, fire, and safety codes; and
4.17 (ii) register the room with the commissioner, who may view that room.
4.18 (b) By February 1, 2015, and annually thereafter, stakeholders may, as necessary,
4.19 recommend to the commissioner specific and measurable implementation and outcome
4.20 goals for reducing the use of restrictive procedures and the commissioner must submit to
4.21 the legislature a report on districts' progress in reducing the use of restrictive procedures
4.22 that recommends how to further reduce these procedures and eliminate the use of seclusion.
4.23 The statewide plan includes the following components: measurable goals; the resources,
4.24 training, technical assistance, mental health services, and collaborative efforts needed to
4.25 significantly reduce districts' use of seclusion; and recommendations to reduce disparities
4.26 and to clarify and improve the law governing districts' use of restrictive procedures. The
4.27 commissioner must consultcontinue the current advisory committee to review data and
4.28 obtain information and recommendations with interested stakeholders parties when preparing
4.29 the report, including representatives of advocacy organizations, special education directors,
4.30 teachers, paraprofessionals, intermediate school districts, school boards, day treatment
4.31 providers, county social services, state human services department staff, mental health
4.32 professionals, and autism experts. The commissioner must use methods to gain input from
5.1 students and their families and to conduct outreach to underserved communities. Beginning
5.2 with the 2016-2017 school year, in a form and manner determined by the commissioner,
5.3 districts must report data quarterly to the department by January 15, April 15, July 15, and
5.4 October 15 about individual students who have been secluded. By July 15 each year, districts
5.5 must report summary data on their use of restrictive procedures to the department for the
5.6 prior school year, July 1 through June 30, in a form and manner determined by the
5.7 commissioner. The summary data must include information about the use of restrictive
5.8 procedures, including use of reasonable force under section 121A.582.
