HF 2696

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; directing school boards to 
  1.3             adopt a policy on student-on-student abuse; directing 
  1.4             school boards to develop policy requirements 
  1.5             consistent with existing related policies; amending 
  1.6             Minnesota Statutes 2000, section 121A.03, subdivisions 
  1.7             2, 3, by adding a subdivision.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 121A.03, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2. [SEXUAL, RELIGIOUS, AND RACIAL HARASSMENT AND 
  1.12  VIOLENCE POLICY.] (a) A school board must adopt a written 
  1.13  sexual, religious, and racial harassment and sexual, religious, 
  1.14  and racial violence policy that conforms with sections 363.01 to 
  1.15  363.15.  The policy shall apply to pupils, teachers, 
  1.16  administrators, and other school personnel, include reporting 
  1.17  procedures, and set forth disciplinary actions that will be 
  1.18  taken for violation of the policy.  Disciplinary actions must 
  1.19  conform with collective bargaining agreements and sections 
  1.20  121A.41 to 121A.56.  The policy must be conspicuously posted 
  1.21  throughout each school building, given to each district employee 
  1.22  and independent contractor at the time of entering into the 
  1.23  person's employment contract, and included in each school's 
  1.24  student handbook on school policies.  Each school must develop a 
  1.25  process for discussing the school's sexual, religious, and 
  1.26  racial harassment and violence policy with students and school 
  2.1   employees.  
  2.2      (b) To the extent applicable, school officials must use the 
  2.3   requirements under paragraph (a) to develop and implement a 
  2.4   policy on student-on-student abuse under subdivision 2a.  
  2.5      [EFFECTIVE DATE.] This section is effective the day 
  2.6   following final enactment.  
  2.7      Sec. 2.  Minnesota Statutes 2000, section 121A.03, is 
  2.8   amended by adding a subdivision to read: 
  2.9      Subd. 2a.  [STUDENT-ON-STUDENT ABUSE POLICY.] (a) 
  2.10  Consistent with the applicable requirements under subdivision 2, 
  2.11  and section 626.556, a school board must adopt a written policy 
  2.12  prohibiting student-on-student abuse, including at least: 
  2.13     (1) student-on-student sexual abuse, consistent with the 
  2.14  definition of "sexual abuse" under section 626.556, subdivision 
  2.15  2, paragraph (a); and 
  2.16     (2) student-on-student physical assault or battery, 
  2.17  consistent with the definition of assault in sections 609.221, 
  2.18  subdivision 1; 609.222, subdivision 1; 609.223, subdivision 1; 
  2.19  609.2231; and 609.224, subdivision 1. 
  2.20     (b) The policy must require a teacher, administrator, or 
  2.21  other school personnel who knows or has reason to believe that 
  2.22  student-on-student abuse is occurring or has occurred to report 
  2.23  the information to the local welfare agency, agency responsible 
  2.24  for assessing or investigating the report, police department or 
  2.25  the county sheriff immediately after learning the information.  
  2.26     (c) The policy must encourage a student who knows or has 
  2.27  reason to believe that student-on-student abuse is occurring or 
  2.28  has occurred to report the information to a teacher, school 
  2.29  administrator, or other school personnel immediately after 
  2.30  learning the information. 
  2.31     (d) For the purposes of this subdivision, "immediately" 
  2.32  means as soon as possible but in no event longer than 24 hours. 
  2.33     [EFFECTIVE DATE.] This section is effective the day 
  2.34  following final enactment.  
  2.35     Sec. 3.  Minnesota Statutes 2000, section 121A.03, 
  2.36  subdivision 3, is amended to read: 
  3.1      Subd. 3.  [SUBMISSION TO COMMISSIONER.] Each school board 
  3.2   must submit to the commissioner a copy of the sexual, religious, 
  3.3   and racial harassment and sexual, religious, and racial violence 
  3.4   policy under subdivision 2 and the student-on-student abuse 
  3.5   policy under subdivision 2a the board has adopted.  
  3.6      [EFFECTIVE DATE.] This section is effective the day 
  3.7   following final enactment.