HF 1016

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/01/2023 05:28pm

A bill for an act
relating to education; prohibiting malicious and sadistic conduct involving race,
gender, religion, sexual harassment, sexual orientation, and sexual exploitation;
proposing coding for new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.0312] MALICIOUS AND SADISTIC CONDUCT.
new text end

new text begin (a) For purposes of this section, "malicious and sadistic conduct" means creating a hostile
learning environment by acting with the intent to cause harm by intentionally injuring
another without just cause or reason or engaging in extreme or excessive cruelty or delighting
in cruelty.
new text end

new text begin (b) A school board must adopt a written policy to address malicious and sadistic conduct
involving race, gender, religion, sexual harassment, sexual orientation, and sexual exploitation
by a district or school staff member or student enrolled in a public or charter school against
a staff member or student that occurs as described in section 121A.031, subdivision 1.
new text end

new text begin (c) The policy must apply to students, teachers, administrators, and other school
personnel; must include at a minimum the components under section 121A.031, subdivision
4, paragraph (a); and must include disciplinary actions for each violation of the policy.
Disciplinary actions must conform with collective bargaining agreements and sections
121A.41 to 121A.56.
new text end

new text begin (d) The policy must be conspicuously posted throughout each school building, distributed
to each district employee and independent contractor at the time of entering into an
employment contract, and included in each school's student handbook on school policies.
Each school must develop a process for discussing with students, parents of students, and
school employees the school's policy addressing malicious and sadistic conduct involving
race, gender, religion, sexual harassment, sexual orientation, and sexual exploitation.
new text end