HF 1899

as introduced - 91st Legislature (2019 - 2020) Posted on 02/28/2019 02:31pm

A bill for an act
relating to education; requiring healthy and safe relationships instruction;
appropriating money; 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.24] HEALTHY AND SAFE RELATIONSHIPS EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Healthy and safe relationships curriculum. new text end

new text begin (a) The commissioner of
education, in consultation with the Department of Health, must assist districts and charter
schools in developing and implementing a healthy and safe relationships curriculum that,
among other goals, seeks to prevent and reduce the incidence of sexual assault. Each district
must have a curriculum that includes age-appropriate instruction on healthy and safe
relationships in grades 6 to 12 and includes at least the following:
new text end

new text begin (1) planning materials and guidelines;
new text end

new text begin (2) in-service training for appropriate district staff and school board members;
new text end

new text begin (3) collaboration with local community health services, agencies, and organizations
having similar teaching programs;
new text end

new text begin (4) participation by state and local student organizations; and
new text end

new text begin (5) age-appropriate information on affirmative consent.
new text end

new text begin (b) If a district fails to develop and implement a healthy and safe relationships curriculum,
the department must assist the service cooperative in the region serving that district or
charter school to develop or implement the program.
new text end

new text begin (c) "Affirmative consent" curriculum as used in this section includes the following topics:
new text end

new text begin (1) all parties to sexual activity must affirmatively express their consent to the activity.
Consent must be knowing and voluntary and not the result of force, coercion, or intimidation.
Consent must be active. Consent must be given by words or actions that create mutually
understandable, unambiguous permission regarding willingness to engage in, and the
conditions of, sexual activity;
new text end

new text begin (2) silence, lack of protest, or failure to resist, without active indications of consent, is
not consent;
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new text begin (3) consent to any one form of sexual activity does not imply consent to any other forms
of sexual activity;
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new text begin (4) consent may be withdrawn at any time;
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new text begin (5) previous relationships or prior consent do not imply consent to future sexual acts;
and
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new text begin (6) a person is deemed incapable of consenting when that person is unable to
communicate or understand the nature or extent of a sexual situation due to mental or
physical incapacitation or impairment, the influence of drugs or alcohol, or because the
person is asleep.
new text end

new text begin Subd. 2. new text end

new text begin Funding sources. new text end

new text begin (a) The commissioner of education must provide funding to
districts and charter schools for up to 12 hours of in-service training per year to implement
a healthy and safe relationships curriculum.
new text end

new text begin (b) In addition to funds received under paragraph (a), districts and charter schools may
accept funds for healthy and safe relationships curriculum developed and implemented
under this section from public and private sources, including public health funds and
foundations, department professional development funds, federal block grants, or other
federal or state grants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Healthy and safe relationships instruction. new text end

new text begin To assist districts in implementing
a healthy and safe relationships curriculum according to Minnesota Statutes, section 121A.24:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2020 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2021 new text end