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With a 6-year-old recently shooting a teacher in Virginia, and with lots of talk these days about accountability, perhaps the moment will provide some insight into teachers' rights to a safe workplace in Minnesota.
In 2016, Gov. Mark Dayton signed into law Teacher Protection Statutes (121A.64; 122A.42; 121A.53). These laws acknowledge a teacher's legitimate right to know which students have a history of violence. They give the general control of schools to teachers with authority to remove students from class for violent and disruptive conduct. And they require that physical assaults on a district employee must be reported to the commissioner of education. These statues were groundbreaking for two reasons:
- They recognized the teacher's right to govern a safe and secure classroom for all students.
- They were passed without any support from the Department of Education and the teachers union.
What happened? These provisions were sent to the Department of Education for implementation. With no action taken, they were then sent to the superintendent's association for implementation. Nothing happened there either. As a result of this response to this unprecedented legislation, the Minnesota Department of Human Rights sent a letter to 43 districts directing modification of discipline policies based on measures of racial differences.
Unfortunately, this set in place a system whereby teachers feared holding students accountable for malicious acts. With professional school resource officers being replaced by community members, chances increased for a volatile situation to develop. Consequently, children needing consistent guidance have continued to fall behind, with a drastic drop in academic achievement across-the-board. When teachers can't teach and instruction time is lost, standards drop.
Most teachers still do not know that these laws have their backs should they remove a disruptive student from their classroom. While these statutes support teachers' rights to remove students who intentionally threaten the well-being of classmates, where that student goes and for how long is then up to the district. In too many cases, threats and acts of aggression are pushed right back into class.
If you doubt this, ask your child's teacher. Better yet, ask the school principal about the school's procedures for enforcing these laws.