HF 3004

as introduced - 87th Legislature (2011 - 2012) Posted on 04/23/2012 02:16pm

A bill for an act
relating to education; providing for policies to prevent harassment, bullying,
intimidation, and violence in education; amending Minnesota Statutes 2010,
section 363A.13, subdivisions 1, 2; Minnesota Statutes 2011 Supplement,
sections 124D.10, subdivision 8; 127A.42, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 121A; repealing Minnesota Statutes
2010, sections 121A.03; 121A.0695; 363A.27.

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

Section 1. new text begin TITLE.
new text end

new text begin This act shall be known as the "Safe Schools for All Students Act."
new text end

Sec. 2.

new text begin [121A.031] SCHOOL BOARD POLICY PROHIBITING
DISCRIMINATION UNDER THE MINNESOTA HUMAN RIGHTS ACT.
new text end

new text begin Each school board shall adopt a written nondiscrimination policy in accordance
with chapter 363A which prohibits discrimination on the basis of actual or perceived
race; color; creed; religion; national origin; sex; marital status; familial status; disability;
sexual orientation, including gender identity and expression; and status with regard to
public assistance, age, and any additional characteristics as defined in chapter 363A, as
well as association with a person or group with any person with one or more of the actual
or perceived characteristics listed above. The policy shall apply to students, teachers,
administrators, independent contractors, and other school personnel. The policy must be
conspicuously posted throughout each school building, given to each district employee and
independent contractor at the time of entering into the person's employment contract, and
included in each school's student handbook on school policies. Each school must develop a
process for discussing the school's nondiscrimination with students and school employees.
new text end

Sec. 3.

new text begin [121A.0696] SCHOOL BOARD POLICY; PROHIBITING
INTIMIDATION, BULLYING, HARASSMENT, AND CYBERBULLYING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions and scope of proscribed conduct. new text end

new text begin (a) This section
applies to conduct occurring on all public and nonpublic elementary and secondary
school premises, at any school-sponsored functions or activities, and on school-sponsored
transportation. This section also applies to usage of electronic technology and electronic
communications that occurs on all public and nonpublic elementary and secondary
school premises, at any school-sponsored functions or activities, on school-sponsored
transportation, and on school computers, networks, forums, and mailing lists. This section
also applies to usage of electronic technology and electronic communications that occurs
outside of school premises to the extent that prohibited conduct is reasonably foreseeable
to substantially and materially disrupt education or the school environment.
new text end

new text begin (b) As used in this chapter:
new text end

new text begin (1) the term "intimidation, bullying, harassment, or cyberbullying":
new text end

new text begin (i) means conduct that adversely affects the ability of one or more students to
participate in or benefit from the school's educational programs or activities by placing a
student in reasonable fear of physical harm or participate in or benefit from the school's
educational programs or activities because the conduct as reasonably perceived by the
student is severe, persistent, or pervasive;
new text end

new text begin (ii) includes, but is not limited to, conduct based on a student's actual or perceived
race; color; creed; religion; national origin; sex; marital status; familial status; disability;
status with regard to public assistance; sexual orientation, including gender identity and
expression; age; or any other distinguishing characteristics that may be defined by the
commissioner; and
new text end

new text begin (iii) includes conduct based on association with a person or group with any person
with one or more of the actual or perceived characteristics listed in item (ii);
new text end

new text begin (2) the term "educational institution" means the school board of any school district,
the governing body of any charter school, or the governing body of any nonpublic school;
and
new text end

new text begin (3) the term "remedial response" means measures designed to correct the
inappropriate behavior, prevent another occurrence of the behavior, and protect the victim
of the act. Appropriate remedial measures may include, but are not limited to:
new text end

new text begin (i) restitution and restoration;
new text end

new text begin (ii) peer support group;
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new text begin (iii) corrective instruction or other relevant learning or service experience;
new text end

new text begin (iv) supportive intervention;
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new text begin (v) behavioral assessment or evaluation;
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new text begin (vi) student counseling;
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new text begin (vii) parent conferences;
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new text begin (viii) student treatment or therapy;
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new text begin (ix) adoption of research-based, systemic bullying prevention programs;
new text end

new text begin (x) modification of schedules;
new text end

new text begin (xi) adjustment in hallway traffic and other student routes of travel;
new text end

new text begin (xii) targeted use of monitors;
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new text begin (xiii) staff professional development; or
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new text begin (xiv) involvement of parent-teacher organizations.
new text end

new text begin Subd. 2. new text end

new text begin Department of Education intimidation, bullying, harassment, and
cyberbullying policy. new text end

new text begin (a) To assist educational institutions to develop policies for the
prevention of intimidation, bullying, harassment, and cyberbullying, the commissioner
shall develop and maintain a model policy that:
new text end

new text begin (1) contains definitions of intimidation, bullying, harassment, and cyberbullying
consistent with this section;
new text end

new text begin (2) contains each of the intimidation, bullying, harassment, and cyberbullying policy
components described in this section; and
new text end

new text begin (3) may encourage violence prevention and character development education
programs, consistent with section 120B.232, subdivision 1.
new text end

new text begin (b) To assist with implementation of this section, the commissioner shall:
new text end

new text begin (1) compile and make available to all educational institutions a list of programs
appropriate for the prevention of intimidation, bullying, harassment, and cyberbullying of
students; and
new text end

new text begin (2) establish and maintain a central repository for the collection and analysis of
information regarding intimidation, bullying, harassment, and cyberbullying, including,
but not limited to:
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new text begin (i) training materials;
new text end

new text begin (ii) curriculum; and
new text end

new text begin (iii) other resources aimed at improving school climate and preventing intimidation,
bullying, harassment, and cyberbullying.
new text end

new text begin (c) The commissioner shall adopt rules to implement this section no later than nine
months after enactment of this section.
new text end

new text begin (d) The commissioner shall develop appropriate procedures within the Department
of Education for:
new text end

new text begin (1) biannual review of school district programs and policies to determine whether
the school districts are complying with this section;
new text end

new text begin (2) investigating, reporting, and responding to failures to implement this section
by districts, schools, and administrators;
new text end

new text begin (3) annual publication of statewide statistics concerning intimidation, bullying,
harassment, and cyberbullying, as defined in this section; and
new text end

new text begin (4) students, parents, and educators to file complaints with the commissioner
regarding failure to develop and implement policies that provide the protections set forth
in this section.
new text end

new text begin (e) The commissioner shall require that:
new text end

new text begin (1) any candidate in a program of teacher preparation leading to professional
certification shall complete a component of the program focused on school intimidation,
bullying, harassment, and cyberbullying, as defined in this section; and
new text end

new text begin (2) a teacher must understand how to create a learning environment free of
intimidation, bullying, harassment, and cyberbullying, as a standard for effective practice
for teachers.
new text end

new text begin Subd. 3. new text end

new text begin School board intimidation, bullying, harassment, and cyberbullying
policy. new text end

new text begin (a) Each educational institution shall adopt a policy prohibiting intimidation,
bullying, harassment, and cyberbullying as defined in this section. The policies shall, at
a minimum, incorporate each of the components described in this subdivision. Each
educational institution must submit to the commissioner a copy of the intimidation,
bullying, harassment, and cyberbullying policy the educational institution has adopted.
new text end

new text begin (b) Each educational institution shall adopt policies pursuant to this section that,
at a minimum:
new text end

new text begin (1) prohibit intimidation, bullying, harassment, and cyberbullying against all
students, as specified and defined in this section;
new text end

new text begin (2) designate one administrator in each educational institution as the primary contact
regarding the antibullying and harassment policy. The primary contact shall receive copies
of all formal and informal complaints, have responsibility for assuring the implementation
of the policy and procedure, and serve as the primary contact on the policy and procedures
between the educational institution and the Department of Education;
new text end

new text begin (3) require that school employees and trained volunteers who witness incidents
of intimidation, bullying, harassment, or cyberbullying or possess reliable information
that would lead a reasonable person to suspect that a student is a target of intimidation,
bullying, harassment, or cyberbullying promptly report that information to the school
principal or designee;
new text end

new text begin (4) provide a procedure for promptly beginning investigation of reports of
intimidation, bullying, harassment, or cyberbullying within three days of the report,
identifying either the principal or the principal's designee as the person responsible for the
investigation;
new text end

new text begin (5) delineate the range of ways in which a school will respond once an incident
of intimidation, bullying, harassment, or cyberbullying is identified, including a range
of age-appropriate remedial responses and consequences that may or will attach to the
prohibited bullying and harassment, and provide that any consequences shall be tailored
to the individual incident and vary in method and severity according to the nature of
the behavior, the developmental age of the student, and the student's history of problem
behaviors;
new text end

new text begin (6) prohibit reprisal or retaliation against any person who reports an act
of intimidation, bullying, harassment, or cyberbullying and describe appropriate
consequences for a person who engages in reprisal or retaliation;
new text end

new text begin (7) allow for anonymous reporting while clarifying that no punishments may be
issued solely on the basis of an anonymous report;
new text end

new text begin (8) include a statement of how the policy is to be publicized, including that the
school district's policy shall appear in new employee training materials, any publication of
the school district that sets forth the comprehensive rules, procedures, and standards of
conduct for schools within the school district, and any student handbook;
new text end

new text begin (9) describe a process by which data on incidents of intimidation, bullying,
harassment, and cyberbullying shall be collected, reported, and analyzed at least on an
annual basis; and
new text end

new text begin (10) require ongoing professional development to build the skills of all school
employees and volunteers, including, but not limited to, educators; administrators;
school nurses; cafeteria workers; custodians; bus drivers; athletic coaches; advisors to
extracurricular activities; volunteers; and paraprofessionals, to prevent, identify, and
respond to intimidation, bullying, harassment, and cyberbullying. The content of the
professional development shall include, but not be limited to:
new text end

new text begin (i) developmentally appropriate strategies to prevent incidents of intimidation,
bullying, harassment, and cyberbullying;
new text end

new text begin (ii) developmentally appropriate strategies for immediate, effective interventions to
stop incidents of intimidation, bullying, harassment, and cyberbullying;
new text end

new text begin (iii) information regarding the complex interaction and power differential that can
take place between and among a perpetrator, victim, and witnesses to the intimidation,
bullying, harassment, and cyberbullying;
new text end

new text begin (iv) research findings on intimidation, bullying, harassment, and cyberbullying,
including information about specific categories of students who have been shown to be
particularly at risk for intimidation, bullying, harassment, and cyberbullying in the school
environment;
new text end

new text begin (v) information on the incidence and nature of cyberbullying; and
new text end

new text begin (vi) Internet safety issues as they relate to cyberbullying.
new text end

new text begin Subd. 4. new text end

new text begin Relation to existing law. new text end

new text begin (a) This section is not intended to establish
any private right of action.
new text end

new text begin (b) This section is not intended to limit the rights of any individual currently
available under any other available law, civil or criminal, including, but not limited to,
chapter 363A.
new text end

new text begin (c) Nothing in this section is intended to interfere with the rights of free speech and
expression under the first amendment of the Unites States Constitution of any person
affected.
new text end

new text begin (d) Disciplinary actions based on this section must conform with collective
bargaining agreements and sections 121A.41 to 121A.56.
new text end

Sec. 4.

Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 8, is
amended to read:

Subd. 8.

Federal, state, and local requirements.

(a) A charter school shall meet all
federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.

(c) A school authorized by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.

(d) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. An authorizer may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution. A charter school student must be released for religious instruction, consistent
with section 120A.22, subdivision 12, clause (3).

(e) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled.

(f) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.

(g) A charter school may not charge tuition.

(h) A charter school is subject to and must comply with chapter 363A and deleted text begin section deleted text end new text begin
sections 121A.031, new text end 121A.04 new text begin , and 121A.0696 new text end .

(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(j) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the federal Single Audit Act, if applicable,
and section 6.65. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and
471.425. The audit must comply with the requirements of sections 123B.75 to 123B.83,
except to the extent deviations are necessary because of the program at the school.
Deviations must be approved by the commissioner and authorizer. The Department of
Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
or compliance audits. A charter school determined to be in statutory operating debt under
sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

(k) A charter school is a district for the purposes of tort liability under chapter 466.

(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.

(m) A charter school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(n) A charter school offering online courses or programs must comply with section
124D.095.

(o) A charter school and charter school board of directors are subject to chapter 181.

(p) A charter school must comply with section 120A.22, subdivision 7, governing
the transfer of students' educational records and sections 138.163 and 138.17 governing
the management of local records.

(q) A charter school that provides early childhood health and developmental
screening must comply with sections 121A.16 to 121A.19.

(r) A charter school that provides school-sponsored youth athletic activities must
comply with section 121A.38.

Sec. 5.

Minnesota Statutes 2011 Supplement, section 127A.42, subdivision 2, is
amended to read:

Subd. 2.

Violations of law.

The commissioner may reduce or withhold the district's
state aid for any school year whenever the board of the district authorizes or permits
violations of law within the district by:

(1) employing a teacher who does not hold a valid teaching license or permit in a
public school;

(2) noncompliance with a mandatory rule of general application promulgated by the
commissioner in accordance with statute, unless special circumstances make enforcement
inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
the district's best interests;

(3) the district's continued performance of a contract made for the rental of rooms
or buildings for school purposes or for the rental of any facility owned or operated by or
under the direction of any private organization, if the contract has been disapproved, the
time for review of the determination of disapproval has expired, and no proceeding for
review is pending;

(4) any practice which is a violation of sections 1 and 2 of article 13 of the
Constitution of the state of Minnesota;

(5) failure to reasonably provide for a resident pupil's school attendance under
Minnesota Statutes;

(6) noncompliance with state laws prohibiting discrimination because of race, color,
creed, religion, national origin, sex, age, marital status, new text begin familial status, new text end status with regard to
public assistance new text begin , sexual orientation, including gender identity or expression, new text end or disability,
as defined in sections new text begin 363A.03, new text end 363A.08 to 363A.19 new text begin , new text end and 363A.28, subdivision 10; or

(7) using funds contrary to the statutory purpose of the funds.

The reduction or withholding must be made in the amount and upon the procedure
provided in this section, or, in the case of the violation stated in clause (1), upon the
procedure provided in section 127A.43.

Sec. 6.

Minnesota Statutes 2010, section 363A.13, subdivision 1, is amended to read:

Subdivision 1.

Utilization; benefit or services.

It is an unfair discriminatory
practice to discriminate in any manner in the full utilization of or benefit from any
educational institution, or the services rendered thereby to any person because of race,
color, creed, religion, national origin, sex, age, marital status, new text begin familial status, new text end status with
regard to public assistance, sexual orientation, or disability, or to fail to ensure physical
and program access for disabled persons. For purposes of this subdivision, program
access includes but is not limited to providing taped texts, interpreters or other methods
of making orally delivered materials available, readers in libraries, adapted classroom
equipment, and similar auxiliary aids or services. Program access does not include
providing attendants, individually prescribed devices, readers for personal use or study, or
other devices or services of a personal nature.

Sec. 7.

Minnesota Statutes 2010, section 363A.13, subdivision 2, is amended to read:

Subd. 2.

Exclude, expel, or selection.

It is an unfair discriminatory practice to
exclude, expel, or otherwise discriminate against a person seeking admission as a student,
or a person enrolled as a student because of race, color, creed, religion, national origin,
sex, age, marital status, new text begin familial status, new text end status with regard to public assistance, sexual
orientation, or disability.

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 121A.03; 121A.0695; and 363A.27, new text end new text begin are repealed.
new text end