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	<title>Policies &#8211; The Journey School</title>
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	<link>https://www.thejourneyschool.org</link>
	<description>Free Public Charter School</description>
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	<title>Policies &#8211; The Journey School</title>
	<link>https://www.thejourneyschool.org</link>
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	<item>
		<title>Student Support</title>
		<link>https://www.thejourneyschool.org/student-support</link>
		
		<dc:creator><![CDATA[The Journey School]]></dc:creator>
		<pubDate>Tue, 02 Sep 2025 16:52:06 +0000</pubDate>
				<category><![CDATA[Policies]]></category>
		<category><![CDATA[Student Support]]></category>
		<guid isPermaLink="false">https://www.thejourneyschool.org/?p=12709</guid>

					<description><![CDATA[The Journey School Total Special Education System (TSES) The pdf document below serves as the Total Special Education System Plan for The Journey School in accordance with Minnesota Rule 3525.1100. This plan also includes an assurance for compliance with the <span class="readmore"><a href="https://www.thejourneyschool.org/student-support">Continue Reading</a></span>]]></description>
										<content:encoded><![CDATA[
<h2 class="wp-block-heading">The Journey School Total Special Education System (TSES)</h2>



<p>The pdf document below serves as the Total Special Education System Plan for The Journey School in accordance with Minnesota Rule 3525.1100. This plan also includes an assurance for compliance with the federal requirements pertaining to districts’ special education responsibilities found in United States Code, title 20, chapter 33, and Code of Federal Regulations, title 34, part 300. This document is a companion to the Application for Special Education Funds – Statement of Assurances (ED-01350-29).<br></p>



<div data-wp-interactive="core/file" class="wp-block-file"><object data-wp-bind--hidden="!state.hasPdfPreview" hidden class="wp-block-file__embed" data="https://www.thejourneyschool.org/wp-content/uploads/2025/02/TJS-TSES-Plan-2025-2026.pdf" type="application/pdf" style="width:100%;height:600px" aria-label="Embed of TJS TSES Plan 2025-2026."></object><a id="wp-block-file--media-891ceee4-69e4-4bdb-8f88-01d3d0ed47a1" href="https://www.thejourneyschool.org/wp-content/uploads/2025/02/TJS-TSES-Plan-2025-2026.pdf">TJS TSES Plan 2025-2026</a><a href="https://www.thejourneyschool.org/wp-content/uploads/2025/02/TJS-TSES-Plan-2025-2026.pdf" class="wp-block-file__button wp-element-button" download aria-describedby="wp-block-file--media-891ceee4-69e4-4bdb-8f88-01d3d0ed47a1">Download</a></div>



<div style="height:100px" aria-hidden="true" class="wp-block-spacer"></div>



<h2 class="wp-block-heading">The Journey School Restrictive Procedures Plan</h2>



<p>The pdf document below is The Journey School Restrictive Procedures Plan which discloses The Journey School&#8217;s use of restrictive procedures with special education students.</p>



<div data-wp-interactive="core/file" class="wp-block-file"><object data-wp-bind--hidden="!state.hasPdfPreview" hidden class="wp-block-file__embed" data="https://www.thejourneyschool.org/wp-content/uploads/2025/02/TJS-Restrictive-Procedures-Plan-2025-2026.pdf" type="application/pdf" style="width:100%;height:600px" aria-label="Embed of TJS Restrictive Procedures Plan 2025-2026."></object><a id="wp-block-file--media-51e9c3bb-81d9-4158-9628-b9e0a4789da6" href="https://www.thejourneyschool.org/wp-content/uploads/2025/02/TJS-Restrictive-Procedures-Plan-2025-2026.pdf">TJS Restrictive Procedures Plan 2025-2026</a><a href="https://www.thejourneyschool.org/wp-content/uploads/2025/02/TJS-Restrictive-Procedures-Plan-2025-2026.pdf" class="wp-block-file__button wp-element-button" download aria-describedby="wp-block-file--media-51e9c3bb-81d9-4158-9628-b9e0a4789da6">Download</a></div>
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			</item>
		<item>
		<title>Student Dismissal</title>
		<link>https://www.thejourneyschool.org/student-dismissal</link>
		
		<dc:creator><![CDATA[The Journey School]]></dc:creator>
		<pubDate>Mon, 10 Mar 2025 18:04:08 +0000</pubDate>
				<category><![CDATA[handbook]]></category>
		<category><![CDATA[Policies]]></category>
		<guid isPermaLink="false">https://www.thejourneyschool.org/?p=12731</guid>

					<description><![CDATA[&#8220;Dismissal&#8221; means the denial of the current educational program to any pupil, including exclusion, expulsion, and suspension. It does not include removal from class. MN Pupil Fair Dismissal Act]]></description>
										<content:encoded><![CDATA[
<p>&#8220;Dismissal&#8221; means the denial of the current educational program to any pupil, including exclusion, expulsion, and suspension. It does not include removal from class.</p>



<h2 class="wp-block-heading">MN Pupil Fair Dismissal Act</h2>



<div data-wp-interactive="core/file" class="wp-block-file"><object data-wp-bind--hidden="!state.hasPdfPreview" hidden class="wp-block-file__embed" data="https://www.thejourneyschool.org/wp-content/uploads/2025/03/MN-Pupil-Fair-Dismissal-Act-9.1.23-1.pdf" type="application/pdf" style="width:100%;height:600px" aria-label="Embed of MN Pupil Fair Dismissal Act 9.1.23."></object><a id="wp-block-file--media-ae7337f4-bb4c-4db6-878f-002adbb00e7b" href="https://www.thejourneyschool.org/wp-content/uploads/2025/03/MN-Pupil-Fair-Dismissal-Act-9.1.23-1.pdf">MN Pupil Fair Dismissal Act 9.1.23</a><a href="https://www.thejourneyschool.org/wp-content/uploads/2025/03/MN-Pupil-Fair-Dismissal-Act-9.1.23-1.pdf" class="wp-block-file__button wp-element-button" download aria-describedby="wp-block-file--media-ae7337f4-bb4c-4db6-878f-002adbb00e7b">Download</a></div>
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			</item>
		<item>
		<title>Chemical Use and Abuse</title>
		<link>https://www.thejourneyschool.org/chemical-use-and-abuse</link>
		
		<dc:creator><![CDATA[The Journey School]]></dc:creator>
		<pubDate>Tue, 12 Nov 2024 22:52:54 +0000</pubDate>
				<category><![CDATA[Policies]]></category>
		<guid isPermaLink="false">https://www.thejourneyschool.org/?p=12561</guid>

					<description><![CDATA[417 CHEMICAL USE AND ABUSE I. PURPOSE The Journey School (TJS) Board recognizes that chemical use and abuse constitutes a grave threat to the physical and mental well-being of students and employees and significantly impedes the learning process. Chemical use <span class="readmore"><a href="https://www.thejourneyschool.org/chemical-use-and-abuse">Continue Reading</a></span>]]></description>
										<content:encoded><![CDATA[
<p>417 CHEMICAL USE AND ABUSE</p>



<h2 class="wp-block-heading">I. PURPOSE</h2>



<p>The Journey School (TJS) Board recognizes that chemical use and abuse constitutes a grave threat to the physical and mental well-being of students and employees and significantly impedes the learning process. Chemical use and abuse also creates significant problems for society in general. The TJS Board believes that the public school has a role in education, intervention, and prevention of chemical use and abuse. The purpose of this policy is to assist TJS in its goal to prevent chemical use and abuse by providing procedures for education and intervention.</p>



<h2 class="wp-block-heading">II. GENERAL STATEMENT OF POLICY</h2>



<p>A. Use of controlled substances, medical cannabis, toxic substances, and alcohol is prohibited in the school setting in accordance with TJS policies with respect to a Drug-Free Workplace/Drug-Free School.</p>



<p>B. The policy of TJS is to provide an instructional program in every elementary and secondary school in chemical abuse and the prevention of chemical dependency.</p>



<p>C. TJS shall establish and maintain in every school a chemical abuse pre-assessment team. The team is responsible for addressing reports of chemical abuse problems and making recommendations for appropriate responses to the individual reported cases.</p>



<p>D. The Director, with the advice of the TJS Board, shall be responsible for establishing a school and community advisory team to address chemical abuse problems in the school.</p>



<p>E. TJS shall establish and maintain a program to educate and assist employees, students and others in understanding this policy and the goals of achieving drug-free schools and workplaces. </p>



<h2 class="wp-block-heading">III. DEFINITIONS</h2>



<p>A. “Chemical abuse” means use of any psychoactive or mood-altering chemical substance, without compelling medical reason, in a manner that induces mental, emotional, or physical impairment and causes socially dysfunctional or socially disordering behavior, to the extent that the student’s normal function in academic, school, or social activities is chronically impaired.</p>



<p>B. “Chemicals” includes, but is not limited to, alcohol, toxic substances, medical cannabis, and controlled substances as defined in TJS’s Drug-Free Workplace/Drug-Free School policy. </p>



<p>C. “Use” includes to sell, buy, manufacture, distribute, dispense, use, or be under the influence of alcohol and/or controlled substances, whether or not for the purpose of receiving remuneration.</p>



<p>D. “School location” includes any school building or on any school premises; on any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off-school property at any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of TJS; or during any period of time such employee is supervising students on behalf of TJS or otherwise engaged in TJS business.</p>



<h2 class="wp-block-heading">IV. STUDENTS</h2>



<h3 class="wp-block-heading">A. Instruction</h3>



<ol class="wp-block-list">
<li>Every school shall provide an instructional program in chemical abuse and the prevention of chemical dependency. TJS may involve parents, students, health care professionals, state department staff, and members of the community in developing the curriculum.</li>



<li>Each school shall have age-appropriate and developmentally based activities that: 
<ul class="wp-block-list">
<li>a. address the consequences of violence and the illegal use of drugs, as appropriate; </li>



<li>b. promote a sense of individual responsibility;</li>



<li>c. teach students that most people do not illegally use drugs;</li>



<li>d. teach students to recognize social and peer pressure to use drugs illegally and the skills for resisting illegal drug use;</li>



<li>e. teach students about the dangers of emerging drugs;</li>



<li>f. engage students in the learning process; and</li>



<li>g. incorporate activities in secondary schools that reinforce prevention activities implemented in elementary schools.</li>



<li>e. TJS will take appropriate disciplinary action in compliance with the student discipline code. Such discipline may include immediate suspension, initiation of expulsion proceedings, and/or referral to a detoxification center or medical center.</li>
</ul>
</li>
</ol>



<h3 class="wp-block-heading">B. Reports of Chemical Use and Abuse</h3>



<ol class="wp-block-list">
<li>In the event that a TJS employee knows that a student is abusing, possessing,<br>transferring, distributing, or selling chemicals in a school location:
<ul class="wp-block-list">
<li>a. The employee shall immediately either take the student to an director or notify an appropriate director of the observation and continue to observe the student until the director arrives. </li>



<li>b. The director will notify the student’s parents. If there is a medical emergency, the director will notify the school nurse and/or outside medical personnel as appropriate.</li>



<li>c. The director will notify law enforcement officials, the student’s counselor, and the chemical pre assessment team.</li>



<li>d. The director and/or law enforcement officials will confiscate the chemicals and/or conduct a search of the student’s person, effects, locker, vehicle, or areas within the student’s control.</li>
</ul>
</li>



<li>Searches by TJS officials shall be in accordance with school board policies regarding search and seizure.</li>



<li>Each school shall have activities that involve families, community sectors (which may include appropriately trained seniors), and a variety of drug and violence prevention providers in setting clear expectations against violence and illegal use of drugs and appropriate consequences for violence and illegal use of drugs.</li>



<li>Each school shall disseminate drug and violence prevention information within the school and to the community.</li>



<li>Each school shall have professional development and training for, and involvement of, school personnel, student services personnel, parents, and interested community members in prevention, education, early identification and intervention, mentoring, or rehabilitation referral, as related to drug and violence prevention.</li>



<li>Each school shall have drug and violence prevention activities that may include the following: 
<ul class="wp-block-list">
<li>a. Community-wide planning and organizing activities to reduce violence and illegal drug use, which may include gang activity prevention.</li>



<li>b. The hiring and mandatory training, based on scientific research, of school security personnel who interact with students in support of youth drug and violence prevention activities under this policy that are implemented in the school.</li>



<li>c. Conflict resolution programs, including peer mediation programs that educate and train peer mediators and a designated faculty supervisor, and youth anti-crime and anti-drug councils and activities.</li>



<li>d. Counseling, mentoring, referral services, and other student assistance practices<br>and programs, including assistance provided by qualified school-based mental health services providers and the training of teachers by school-based mental health services providers in appropriate identification and intervention techniques for students at risk of violent behavior and illegal use of drugs.</li>



<li>e. Programs that encourage students to seek advice from, and to confide in, a trusted adult regarding concerns about violence and illegal drug use.</li>
</ul>
</li>
</ol>



<h3 class="wp-block-heading">B. Reports of Chemical Use and Abuse</h3>



<ol class="wp-block-list">
<li>In the event that a TJS employee knows that a student is abusing, possessing, transferring, distributing, or selling chemicals in a school location:
<ul class="wp-block-list">
<li>a. The employee shall immediately either take the student to an director or notify an appropriate director of the observation and continue to observe the student until the director arrives. </li>



<li>b. The director will notify the student’s parents. If there is a medical emergency, the director will notify the school nurse and/or outside medical personnel as appropriate.</li>



<li>c. The director will notify law enforcement officials, the student’s counselor, and the chemical pre assessment team.</li>



<li>d. The director and/or law enforcement officials will confiscate the chemicals and/or conduct a search of the student’s person, effects, locker, vehicle, or areas within the student’s control. Searches by TJS officials shall be in accordance with school board policies regarding search and seizure.</li>
</ul>
</li>



<li>If a TJS employee has reason to believe that a student is abusing, possessing, transferring, distributing, or selling chemicals:
<ul class="wp-block-list">
<li>a. The employee shall notify the building director or a member of the pre-assessment team and shall describe the basis for the suspicion. The building director and/or team will determine what action should be taken. Action may include conducting an investigation, gathering data, scheduling a conference with the student or parents, or providing a meeting between a single member of the team and the student to discuss the behaviors that have been reported and attempting to ascertain facts regarding chemical abuse. </li>



<li>b. The team may determine there is no chemical abuse. If the team determines there is chemical abuse, the team will select an appropriate course of action, which may include referral to a school counselor; referral to a treatment program; referral for screening, assessment, and treatment planning; participation in support groups; or other appropriate measures.</li>
</ul>
</li>



<li>Students involved in the abuse, possession, transfer, distribution, or sale of chemicals may be suspended in compliance with the student discipline policy and the Pupil Fair Dismissal Act, Minn. Stat. § 121A.40-121A.56, and proposed for expulsion.</li>



<li>Searches by TJS officials in connection with the abuse, possession, transfer, distribution, or sale of chemicals will be conducted in accordance with school board policies related to search and seizure.</li>
</ol>



<h3 class="wp-block-heading">C. Pre-assessment Team</h3>



<ol class="wp-block-list">
<li>Every school shall have a chemical abuse preassessment team designated by the Director or designee. The team will be composed of classroom teachers, directors, and other appropriate professional staff to the extent they exist in each school, such as the school nurse, school counselor or psychologist, social worker, chemical abuse specialist, or others.</li>



<li>The team is responsible for addressing reports of chemical abuse problems and making recommendations for appropriate responses to the individual reported cases. </li>



<li>Within forty-five (45) days after receiving an individual reported case, the team shall make a determination whether to provide the student and, in the case of a minor, the student’s parents with information about school and community services in connection with chemical abuse.</li>
</ol>



<h3 class="wp-block-heading">D. Data Practices</h3>



<ol class="wp-block-list">
<li>Student data may be disclosed without consent in health and safety emergencies pursuant to Minn. Stat. § 13.32 and applicable federal law and regulations.</li>



<li>Destruction of Records
<ul class="wp-block-list">
<li>a. If the preassessment team decides not to provide a student and, in the case of a minor, the student’s parents with information about school or community services in connection with chemical abuse, records created or maintained by the team about the student shall be destroyed not later than six (6) months after the determination is made.</li>



<li>b. If the team decides to provide the student and, in the case of a minor or a dependent student, the student’s parents with such information, records created or maintained by the team about the student shall be destroyed not later than six (6) months after the student is no longer enrolled in the district.</li>



<li>c. This section shall govern destruction of records notwithstanding provisions of the Records Management Act, Minn. Stat. § 138.163.</li>
</ul>
</li>
</ol>



<h3 class="wp-block-heading">E. Consent</h3>



<p>Any minor may give effective consent for medical, mental, and other health services to determine the presence of or to treat conditions associated with alcohol and other drug abuse, and the consent of no other person is required.</p>



<h3 class="wp-block-heading">F. School and Community Advisory Team</h3>



<ol class="wp-block-list">
<li>The Director, with the advice of the school board, shall establish a school and community advisory team to address chemical abuse problems. The advisory team will be composed of representatives from the school preassessment teams to the extent possible, law enforcement agencies, county attorney’s office, social service agencies, chemical abuse treatment programs, parents, and the business community.</li>



<li>The advisory team shall:
<ul class="wp-block-list">
<li>a. build awareness of the problem within the community, identify available treatment and counseling programs for students, and develop good working relationships and enhance communication between the schools and other community agencies; and</li>



<li>b. develop a written procedure clarifying the notification process to be used by the chemical abuse pre-assessment team when a student is believed to be in possession of or under the influence of alcohol or a controlled substance. The procedure must include contact with the student and the student’s parents or guardian in the case of a minor student.</li>
</ul>
</li>
</ol>



<h2 class="wp-block-heading">V. EMPLOYEES</h2>



<p>A. The Director or designee shall undertake and maintain a drug-free awareness<br>and prevention program to inform employees, students, and others<br>about:</p>



<ol class="wp-block-list">
<li>The dangers and health risks of chemical abuse in the workplace/school.</li>



<li>TJS’s drug-free workplace/drug-free school policy.</li>



<li>Any available drug or alcohol counseling, treatment, rehabilitation, re-entry, and/or assistance programs available to employees and/or students.</li>



<li>The penalties that may be imposed on employees for drug abuse violations.<br></li>
</ol>



<p>B. The Director or designee shall notify any federal granting agency required to be notified under the Drug-Free Workplace Act within ten (10) days after receiving notice of a conviction of an employee for a criminal drug statute violation occurring in the workplace. To facilitate the giving of such notice, any employee aware of such a conviction shall report the same to the Director.</p>



<h5 class="wp-block-heading">Legal References: </h5>



<ul class="wp-block-list">
<li>Minn. Stat. § 13.32 (Educational Data)</li>



<li>Minn. Stat. § 121A.25-121A.29 (Chemical Abuse)</li>



<li>Minn. Stat. § 121A.40-121A.56 (Pupil Fair Dismissal Act)</li>



<li>Minn. Stat. § 138.163 (Records Management Act)</li>



<li>Minn. Stat. § 144.343 (Pregnancy, Venereal Disease, Alcohol or Drug Abuse, Abortion)  </li>



<li>Minn. Stat. § 152.22 (Medical Cannabis; Definitions)</li>



<li>Minn. Stat. § 152.23 (Medical Cannabis; Limitations)</li>



<li>20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)</li>



<li>20 U.S.C. §§ 7101-7165 (Safe and Drug-Free Schools and Communities Act)</li>



<li>41 U.S.C. §§ 8101-8106 (Drug-Free Workplace Act)</li>
</ul>



<p></p>
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			</item>
		<item>
		<title>Mandated Reporting of Child Neglect or Physical or Sexual Abuse</title>
		<link>https://www.thejourneyschool.org/mandated-reporting-of-neglect-or-abuse</link>
		
		<dc:creator><![CDATA[The Journey School]]></dc:creator>
		<pubDate>Tue, 12 Nov 2024 22:31:48 +0000</pubDate>
				<category><![CDATA[Policies]]></category>
		<guid isPermaLink="false">https://www.thejourneyschool.org/?p=12556</guid>

					<description><![CDATA[414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE I. PURPOSE The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child neglect or physical or sexual abuse. II. GENERAL <span class="readmore"><a href="https://www.thejourneyschool.org/mandated-reporting-of-neglect-or-abuse">Continue Reading</a></span>]]></description>
										<content:encoded><![CDATA[
<p>414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE</p>



<h2 class="wp-block-heading">I. PURPOSE</h2>



<p>The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child neglect or physical or sexual abuse.</p>



<h2 class="wp-block-heading">II. GENERAL STATEMENT OF POLICY</h2>



<p>A. The policy of The Journey School is to fully comply with Minn. Stat. §626.556 requiring school personnel to report suspected child neglect or physical or sexual abuse. </p>



<p>B. A violation of this policy occurs when any school personnel fails to immediately report instances of child neglect or physical or sexual abuse when the school personnel knows or has reason to believe a child is being neglected or physically or sexually abused or has been neglected or physically or sexually abused within the preceding three years.</p>



<h2 class="wp-block-heading">III. DEFINITIONS</h2>



<p>A. “Accidental” means a sudden, not reasonably foreseeable, and unexpected occurrence or event which:</p>



<ol class="wp-block-list">
<li>is not likely to occur and could not have been prevented by exercise of due care; and </li>



<li>if occurring while a child is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence of event.</li>
</ol>



<p>B. “Child” means one under age 18 and, for purposes of Minn. Stat. Ch. 260C (Child Protection) and Minn. Stat. Ch. 260D (Child in Voluntary Foster Care for Treatment), includes an individual under age 21 who is in foster care pursuant to Minn. Stat. § 260C.451 (Foster Care Benefits Past Age 18).</p>



<p>C. “Immediately” means as soon as possible but in no event longer than 24 hours. </p>



<p>D. “Mandated reporter” means any school personnel who knows or has reason to believe a child is being neglected or physically or sexually abused, or has been neglected or physically or sexually abused within the preceding three years.</p>



<p>E. “Neglect” means the commission or omission of any of the acts specified below, other than by accidental means:</p>



<ol class="wp-block-list">
<li>failure by a person responsible for a child’s care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child’s physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect; </li>



<li>failure to protect a child from conditions or actions that seriously endanger the child’s physical or mental health when reasonably</li>



<li>failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors such as the child’s age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for his or her own basic needs or safety or the basic needs or safety of another child in his or her care;</li>



<li>failure to ensure that a child is educated in accordance with state law, which does not include a parent’s refusal to provide his or her child with sympathomimetic medications; </li>



<li>prenatal exposure to a controlled substance used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child’s birth, or medical effects or developmental delays during the child’s first year of life that medically indicate prenatal exposure to a controlled substance or the presence of a fetal alcohol spectrum disorder; </li>



<li>medical neglect as defined by Minn. Stat. § 260C.007, Subd. 4(5);</li>



<li>chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child’s basic needs and safety; or </li>



<li>emotional harm from a pattern of behavior which contributes to impaired emotional functioning of the child which may be demonstrated by a substantial and observable effect in the child’s behavior, emotional response, or cognition that is not within the normal range for the child’s age and stage of development, with due regard to the child’s culture.</li>
</ol>



<p>F. Neglect does not include spiritual means or prayer for treatment or care of disease where the person responsible for the child’s care in good faith has selected and depended on those means for treatment or care of disease, except where the lack of medical care may cause serious danger to the child’s health.</p>



<p>G. “Non-maltreatment mistake” means: </p>



<ol class="wp-block-list">
<li>at the time of the incident, the individual was performing duties identified in the center’s child care program plan required under Minn. Rules Part 9503.0045; </li>



<li>the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years; </li>



<li>the individual has not been determined to have committed a similar non-maltreatment mistake under this paragraph for at least four years;</li>



<li>any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and </li>



<li>except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident. This definition only applies to child care centers licensed under Minn. Rules Ch. 9503.</li>
</ol>



<p>H. “Physical abuse” means any physical injury, mental injury, or threatened injury, inflicted by a person responsible for the child’s care other than by accidental means; or any physical or mental injury that cannot reasonably be explained by the child’s history of injuries or any aversive or deprivation procedures, or regulated interventions, that have not been authorized by Minn. Stat. § 125A.0942 or § 245.825. Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian which does not result in an injury. Abuse does not include the use of reasonable force by a teacher, principal/director, or school employee as allowed by Minn. Stat. § 121A.582. Actions which are not reasonable and moderate include, but are not limited to, any of the following: </p>



<ol class="wp-block-list">
<li>throwing, kicking, burning, biting, or cutting a child; </li>



<li>striking a child with a closed fist; </li>



<li>shaking a child under age three; </li>



<li>striking or other actions which result in any non-accidental injury to a child under 18 months of age;</li>



<li>unreasonable interference with a child’s breathing;</li>



<li>threatening a child with a weapon, as defined in Minn. Stat. § 609.02, Subd. 6; </li>



<li>striking a child under age one on the face or head; </li>



<li>striking a child who is at least age one but under age four on the face or head, which results in an injury;</li>



<li>purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances which were not prescribed for the child by a practitioner, in order to control or punish the child, or giving the child other substances that substantially affect the child’s behavior, motor coordination, or judgment or that result in sickness or internal injury, or subject the child to medical procedures that would be unnecessary if the child were not exposed to the substances;</li>



<li>unreasonable physical confinement or restraint not permitted under Minn. Stat. § 609.379 including, but not limited to, tying, caging, or chaining; or </li>



<li>in a school facility or school zone, an act by a person responsible for the child’s care that is a violation under Minn. Stat. § 121A.58.</li>
</ol>



<p>I. “Report” means any communication received by the local welfare agency, police department, county sheriff, or agency responsible for child protection pursuant to this section that describes neglect or physical or sexual abuse of a child and contains sufficient content to identify the child and any person believed to be responsible for the neglect or abuse, if known.</p>



<p>J. “School personnel” means professional employee or professional’s delegate of TJS who provides health, educational, social, psychological, law enforcement, or child care services.</p>



<p>K. “Sexual abuse” means the subjection of a child by a person responsible for the child’s care, by a person who has a significant relationship to the child (as defined in Minn. Stat. § 609.341, Subd. 15), or by a person in a position of authority (as defined in Minn. Stat. § 609.341, Subd. 10) to any act which constitutes a violation of Minnesota statutes prohibiting criminal sexual conduct. Such acts include sexual penetration as well as sexual contact. Sexual abuse also includes any act involving a minor which constitutes a violation of Minnesota statutes prohibiting prostitution or use of a minor in a sexual performance. Sexual abuse includes all reports of known or suspected child sex trafficking involving a child who is identified as a victim of sex trafficking. Sexual abuse includes threatened sexual abuse which includes the status of a parent or household member who has committed a violation which requires registration under Minn. Stat. § 243.166, Subd. 1b(a) or (b) (Registration of Predatory Offenders).</p>



<p>L. “Mental injury” means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child’s ability to function within a normal range of performance and behavior with due regard to the child’s culture.</p>



<p>M. “Person responsible for the child’s care” means </p>



<ol class="wp-block-list">
<li>an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or </li>



<li>an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employees or agents, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching.</li>
</ol>



<p>N. “Threatened injury” means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child’s care who has subjected the child to, or failed to protect a child from, egregious harm, or a person whose parental rights were involuntarily terminated, been found palpably unfit, or one from whom legal and physical custody of a child has been involuntarily transferred to another.</p>



<h2 class="wp-block-heading">IV. REPORTING PROCEDURES</h2>



<p>A. A mandated reporter as defined herein shall immediately report the neglect or physical or sexual abuse, which he or she knows or has reason to believe is happening or has happened within the preceding three years, to the local welfare agency, police department, county sheriff, tribal social services, or tribal police department. The reporter will include his or her name and address in the report.</p>



<p>B. If the immediate report has been made orally, by telephone or otherwise, the oral report shall be followed by a written report within 72 hours (exclusive of weekends and holidays) to the appropriate police department, the county sheriff, local welfare agency, or agency responsible for assisting or investigating maltreatment. The written report shall identify the child, any person believed to be responsible for the abuse or neglect of the child if the person is known, the nature and extent of the abuse or neglect and the name and address of the reporter.</p>



<p>C. Regardless of whether a report is made, as soon as practicable after a school receives information regarding an incident that may constitute maltreatment of a child in a school facility, the school shall inform the parent, legal guardian, or custodian of the child that an incident has occurred and may constitute maltreatment of the child, when the incident occurred, and the nature of the conduct that may constitute maltreatment.</p>



<p>D. A mandated reporter who knows or has reason to know of the deprivation of parental rights or the kidnapping of a child shall report the information to the local police department or the county sheriff.</p>



<p>E. With the exception of a healthcare professional or a social service professional who is providing the woman with prenatal care or other health care services, a mandated reporter shall immediately report to the local welfare agency if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive.</p>



<p>F. A person mandated by Minnesota law and this policy to report who fails to report may be subject to criminal penalties and/or discipline, up to and including termination of employment.</p>



<p>G. Submission of a good faith report under Minnesota law and this policy will not adversely affect the reporter’s employment, or the child’s access to school.</p>



<p>H. Any person who knowingly or recklessly makes a false report under the provisions of applicable Minnesota law or this policy shall be liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury, and the reckless making of a false report may result in discipline. The court may also award attorney’s fees.</p>



<h2 class="wp-block-heading">V. INVESTIGATION</h2>



<p>A. The responsibility for investigating reports of suspected neglect or physical or sexual abuse rests with the appropriate county, state, or local agency or agencies. The agency responsible for assessing or investigating reports of child maltreatment has the authority to interview the child, the person or persons responsible for the child’s care, the alleged perpetrator, and any other person with knowledge of the abuse or neglect for the purpose of gathering the facts, assessing safety and risk to the child, and formulating a plan. The investigating agency may interview the child at school. The interview may take place outside the presence of a school official. The investigating agency, not the school, is responsible for either notifying or withholding notification of the interview to the parent, guardian or person responsible for the child’s care. School officials may not disclose to the parent, legal custodian, or guardian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded.</p>



<p>B. When the investigating agency determines that an interview should take place on school property, written notification of intent to interview the child on school property will be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school property.</p>



<p>C. Except where the alleged perpetrator is believed to be a school official or employee, the time and place, and manner of the interview on school premises shall be within the discretion of school officials, but the local welfare or law enforcement agency shall have the exclusive authority to determine who may attend the interview. The conditions as to time, place, and manner of the interview set by the school officials shall be<br>reasonable and the interview shall be conducted not more than 24 hours after the receipt of the notification unless another time is considered necessary by agreement between the school officials and the local welfare or law enforcement agency. Every effort must be made to reduce the disruption of the educational program of the child, other students, or school employees when an interview is conducted on school premises.</p>



<p>D. Where the alleged perpetrator is believed to be a school official or employee, TJS shall conduct its own investigation independent of MDE and, if involved, the local welfare or law enforcement agency.</p>



<p>E. Upon request by MDE, TJS shall provide all requested data that are relevant to a report of maltreatment and are in the possession of a school facility, pursuant to an assessment or investigation of a maltreatment report of a student in school. TJS shall provide the requested data in accordance with the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.</p>



<h2 class="wp-block-heading">VI. MAINTENANCE OF SCHOOL RECORDS CONCERNING ABUSE OR POTENTIAL ABUSE</h2>



<p>A. When a local welfare or local law enforcement agency determines that a potentially abused or abused child should be interviewed on school property, written notification of the agency’s intent to interview on school property must be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct the interview. The notification shall be private data. School officials may not disclose to the parent, legal custodian, or guardian the contents of the notice or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation has been concluded.</p>



<p>B. All records regarding a report of maltreatment, including any notification of intent to interview which was received by the school as described above in Paragraph A., shall be destroyed by the school only when ordered by the agency conducting the investigation or by a court of competent jurisdiction.</p>



<h2 class="wp-block-heading">VII. PHYSICAL OR SEXUAL ABUSE AS SEXUAL HARASSMENT OR VIOLENCE </h2>



<p>Under certain circumstances, alleged physical or sexual abuse may also be sexual harassment or violence under Minnesota law. If so, the duties relating to the reporting and investigation of such harassment or violence may be applicable.</p>



<h2 class="wp-block-heading">VIII. DISSEMINATION OF POLICY AND TRAINING</h2>



<p>A. This policy shall appear in school personnel handbooks. </p>



<p>B. TJS will develop a method of discussing this policy with school personnel. </p>



<p>C. This policy shall be reviewed at least annually for compliance with state law.</p>



<h5 class="wp-block-heading">Legal References: </h5>



<ul class="wp-block-list">
<li>Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act) </li>



<li>Minn. Stat. § 121A.58 (Corporal Punishment)</li>



<li>Minn. Stat. § 121A.582 (Student Discipline; Reasonable Force)</li>



<li>Minn. Stat. § 125A.0942 (Standards for Restrictive Procedures)</li>



<li>Minn. Stat. § 243.166, Subd. 1b(a)(b) (Registration of Predatory Offenders) </li>



<li>Minn. Stat. § 245.825 (Use of Aversive or Deprivation Procedures)</li>



<li>Minn. Stat. § 260C.007, Subd. 4, Clause (5) (Child in Need of Protection) </li>



<li>Minn. Stat. § 260C.451 (Foster Care Benefits Past Age 18)</li>



<li>Minn. Stat. Ch. 260D (Child in Voluntary Foster Care for Treatment)</li>



<li>Minn. Stat. § 609.02, Subd. 6 (Definitions – Dangerous Weapon)</li>



<li>Minn. Stat. § 609.341, Subd. 10 (Definitions – Position of Authority)</li>



<li>Minn. Stat. § 609.341, Subd. 15 (Definitions – Significant Relationship)</li>



<li>Minn. Stat. § 609.379 (Reasonable Force)</li>



<li>Minn. Stat. § 626.556 et seq. (Reporting of Maltreatment of Minors)</li>



<li>Minn. Stat. § 626.5561 (Reporting of Prenatal Exposure to Controlled Substances) </li>



<li>20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)</li>
</ul>
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