HF 3817

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for the use of 
  1.3             historical documents in school without censorship; 
  1.4             modifying violence prevention curriculum; providing 
  1.5             for character education; amending Minnesota Statutes 
  1.6             1998, sections 120A.22, subdivision 9; 120B.22, 
  1.7             subdivision 1; and 120B.23; Laws 1999, chapter 205, 
  1.8             article 3, section 5, subdivision 2; proposing coding 
  1.9             for new law in Minnesota Statutes, chapter 120B. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 120A.22, 
  1.12  subdivision 9, is amended to read: 
  1.13     Subd. 9.  [CURRICULUM.] (a) Instruction must be provided in 
  1.14  at least the following subject areas:  
  1.15     (1) basic communication skills including reading and 
  1.16  writing, literature, and fine arts; 
  1.17     (2) mathematics and science; 
  1.18     (3) social studies including history, geography, and 
  1.19  government; and 
  1.20     (4) health and physical education. 
  1.21     (b) All students shall be encouraged, and have the 
  1.22  opportunity, to read and study America's uncensored founding 
  1.23  documents that are pertinent to understanding the principles, 
  1.24  values, and worldview of America's founders; or that contributed 
  1.25  to the foundation of America's representative republican form of 
  1.26  government, the Bill of Rights, and our free market economic 
  1.27  system.  Districts shall permit a principal or teacher to use, 
  2.1   read, or post in a public school building, classroom, or at any 
  2.2   public school event any excerpts or portions of the documents, 
  2.3   writings, speeches, or records relating to the history, 
  2.4   heritage, or foundation of the United States or the state of 
  2.5   Minnesota, including, but not limited to: 
  2.6      (1) the Mayflower compact; 
  2.7      (2) the Declaration of Independence; 
  2.8      (3) the Constitution of the United States; 
  2.9      (4) the National Motto; 
  2.10     (5) the Federalist Papers; 
  2.11     (6) the Pledge of Allegiance; 
  2.12     (7) the National Anthem; 
  2.13     (8) the Preamble to the Constitution of the State of 
  2.14  Minnesota; 
  2.15     (9) Washington's Farewell Address to the Nation; 
  2.16     (10) Patrick Henry's "Liberty or Death" speech; 
  2.17     (11) Lincoln's Gettysburg Address; 
  2.18     (12) the writings, speeches, documents, or proclamations of 
  2.19  America's founding fathers, or the presidents of the United 
  2.20  States; 
  2.21     (13) the acts and published records of Congress; and 
  2.22     (14) the United States Supreme Court decisions and records. 
  2.23     (c) Districts may not permit the censorship of American or 
  2.24  Minnesota state history or heritage based on religious 
  2.25  references in a writing, document, or record under paragraph 
  2.26  (b).  The use, reading, or posting of the types of documents, 
  2.27  writings, or records permitted under paragraphs (b) and (d) must 
  2.28  be for educational purposes only and must not be to promote or 
  2.29  establish any religion or religious belief. 
  2.30     (d) Districts may not permit the censorship of students who 
  2.31  voluntarily choose to read, write, share, report, or otherwise 
  2.32  study a topic which is religious in nature provided other 
  2.33  students are provided with the same opportunity to freely choose 
  2.34  a topic. 
  2.35     (e) Instruction, textbooks, and materials must be in the 
  2.36  English language.  Another language may be used pursuant to 
  3.1   sections 124D.59 to 124D.61. 
  3.2      Sec. 2.  Minnesota Statutes 1998, section 120B.22, 
  3.3   subdivision 1, is amended to read: 
  3.4      Subdivision 1.  [VIOLENCE PREVENTION CURRICULUM.] (a) The 
  3.5   commissioner of children, families, and learning, in 
  3.6   consultation with the commissioners of health and human 
  3.7   services, state minority councils, battered women's programs, 
  3.8   sexual assault centers, representatives of religious 
  3.9   communities, and the assistant commissioner of the office of 
  3.10  drug policy and violence prevention, shall assist districts on 
  3.11  request in developing or implementing a violence prevention 
  3.12  program for students in kindergarten to grade 12 that can be 
  3.13  integrated into existing curriculum.  The purpose of the program 
  3.14  is to help students learn how to resolve conflicts within their 
  3.15  families and communities in nonviolent, effective ways.  
  3.16     (b) Each district is encouraged to integrate into its 
  3.17  existing curriculum a program for violence prevention that 
  3.18  includes at least: 
  3.19     (1) a comprehensive, accurate, and age appropriate 
  3.20  curriculum on violence prevention, nonviolent conflict 
  3.21  resolution, sexual, racial, and cultural harassment, and student 
  3.22  hazing that promotes equality, respect, understanding, effective 
  3.23  communication, individual responsibility, thoughtful decision 
  3.24  making, positive conflict resolution, useful coping skills, 
  3.25  critical thinking, listening and watching skills, and personal 
  3.26  safety; 
  3.27     (2) planning materials, guidelines, and other accurate 
  3.28  information on preventing physical and emotional violence, 
  3.29  identifying and reducing the incidence of sexual, racial, and 
  3.30  cultural harassment, and reducing child abuse and neglect; 
  3.31     (3) a special parent education component of early childhood 
  3.32  family education programs to prevent child abuse and neglect and 
  3.33  to promote positive parenting skills, giving priority to 
  3.34  services and outreach programs for at-risk families; 
  3.35     (4) involvement of parents and other community members, 
  3.36  including the clergy, business representatives, civic leaders, 
  4.1   local elected officials, law enforcement officials, and the 
  4.2   county attorney; 
  4.3      (5) collaboration with local community services, agencies, 
  4.4   and organizations that assist in violence intervention or 
  4.5   prevention, including family-based services, crisis services, 
  4.6   life management skills services, case coordination services, 
  4.7   mental health services, and early intervention services; 
  4.8      (6) collaboration among districts and service cooperatives; 
  4.9      (7) targeting early adolescents for prevention efforts, 
  4.10  especially early adolescents whose personal circumstances may 
  4.11  lead to violent or harassing behavior; 
  4.12     (8) opportunities for teachers to receive in-service 
  4.13  training or attend other programs on strategies or curriculum 
  4.14  designed to assist students in intervening in or preventing 
  4.15  violence in school and at home; and 
  4.16     (9) administrative policies that reflect, and a staff that 
  4.17  models, nonviolent behaviors that do not display or condone 
  4.18  sexual, racial, or cultural harassment or student hazing. 
  4.19     (c) The department may provide assistance at a neutral site 
  4.20  to a nonpublic school participating in a district's program. 
  4.21     Sec. 3.  [120B.225] [CHARACTER DEVELOPMENT EDUCATION.] 
  4.22     Subdivision 1.  [POLICY.] As stated by Benjamin Franklin, 
  4.23  only a virtuous people are capable of freedom.  As nations 
  4.24  become corrupt and vicious they have more need of masters.  The 
  4.25  legislature recognizes the foundational principles of freedom 
  4.26  based on self-government.  Having citizens with positive and 
  4.27  constructive character qualities is necessary to develop 
  4.28  effective citizens for self-government.  Therefore, the 
  4.29  legislature finds that character development is an important 
  4.30  part of school curriculum. 
  4.31     Subd. 2.  [CHARACTER DEVELOPMENT EDUCATION.] The 
  4.32  legislature encourages districts to offer instruction on 
  4.33  character education including, but not limited to, character 
  4.34  qualities such as attentiveness, truthfulness, respect for 
  4.35  authority, citizenship, diligence, gratefulness, 
  4.36  self-discipline, forgiveness, and resourcefulness.  Districts 
  5.1   are encouraged to use the Character First, Character Counts, or 
  5.2   similar programs.  Instruction may be offered within a 
  5.3   district's existing programs and curriculum or as a program 
  5.4   similar to Character First or Character Counts.  The 
  5.5   commissioner shall provide assistance at the request of a 
  5.6   district to develop character education curriculum and programs. 
  5.7      Subd. 3.  [FUNDING SOURCES.] The commissioner must first 
  5.8   use federal funds for character development education programs 
  5.9   to the extent available under United States Code, title 20, 
  5.10  section 8003.  Districts may accept funds from private and other 
  5.11  public sources for character development education programs 
  5.12  developed and implemented under this section. 
  5.13     Sec. 4.  Minnesota Statutes 1998, section 120B.23, is 
  5.14  amended to read: 
  5.15     120B.23 [VIOLENCE PREVENTION AND CHARACTER DEVELOPMENT 
  5.16  EDUCATION GRANTS.] 
  5.17     Subdivision 1.  [GRANT PROGRAM ESTABLISHED.] The 
  5.18  commissioner of children, families, and learning, after 
  5.19  consulting with the assistant commissioner of the office of drug 
  5.20  policy and violence prevention, shall establish a violence 
  5.21  prevention education and character development education grant 
  5.22  program to enable a school district, an education district, or a 
  5.23  group of districts that cooperate for a particular purpose to 
  5.24  develop and implement or to continue a violence prevention 
  5.25  program, character development program, or both, for students in 
  5.26  kindergarten through grade 12 that can be integrated into 
  5.27  existing curriculum.  A district or group of districts that 
  5.28  elects to develop and implement or to continue a violence 
  5.29  prevention program under section 120B.22, a character 
  5.30  development program under section 120B.225, or both, is eligible 
  5.31  to apply for a grant under this section. 
  5.32     Subd. 2.  [GRANT APPLICATION.] To be eligible to receive a 
  5.33  grant, a school district, an education district, a service 
  5.34  cooperative, or a group of districts that cooperate for a 
  5.35  particular purpose must submit an application to the 
  5.36  commissioner in the form and manner and according to the 
  6.1   timeline established by the commissioner.  The application must 
  6.2   describe how the applicant will:  (1) continue or integrate into 
  6.3   its existing K-12 curriculum a program for violence prevention 
  6.4   that contains the program components listed in section 120B.22, 
  6.5   character development, or both; (2) collaborate with local 
  6.6   organizations involved in violence prevention and intervention, 
  6.7   character development, or both; and (3) structure the program to 
  6.8   reflect the characteristics of the children, their families and 
  6.9   the community involved in the program.  The commissioner may 
  6.10  require additional information from the applicant.  When 
  6.11  reviewing the applications, the commissioner shall determine 
  6.12  whether the applicant has met the requirements of this 
  6.13  subdivision. 
  6.14     Subd. 3.  [GRANT AWARDS.] The commissioner may award grants 
  6.15  for a violence prevention education program, character 
  6.16  development education program, or both, to eligible applicants 
  6.17  as defined in subdivision 2.  Grant amounts may not exceed $3 
  6.18  per resident pupil unit in the district or group of districts in 
  6.19  the prior school year.  Grant recipients should be 
  6.20  geographically distributed throughout the state. 
  6.21     Subd. 4.  [GRANT PROCEEDS.] A successful applicant must use 
  6.22  the grant money to develop and implement or to continue a 
  6.23  violence prevention program, character development program, or 
  6.24  both, according to the terms of the grant application. 
  6.25     Sec. 5.  Laws 1999, chapter 205, article 3, section 5, 
  6.26  subdivision 2, is amended to read: 
  6.27     Subd. 2.  [VIOLENCE PREVENTION AND CHARACTER DEVELOPMENT 
  6.28  EDUCATION GRANTS.] For violence prevention education and 
  6.29  character development education grants according to Minnesota 
  6.30  Statutes, section 120B.23: 
  6.31       $1,450,000     .....     2000
  6.32       $1,450,000     .....     2001
  6.33     Any balance in the first year does not cancel but is 
  6.34  available in the second year. 
  6.35     Sec. 6.  [APPROVAL STANDARD; VIOLENCE PREVENTION AND 
  6.36  CHARACTER DEVELOPMENT EDUCATION.] 
  7.1      The commissioner may approve a fund transfer from any fund 
  7.2   or account if the district requesting the transfer demonstrates 
  7.3   to the commissioner's satisfaction that the fund or account has 
  7.4   a surplus balance and that the amount transferred will be spent 
  7.5   on services for violence prevention education, character 
  7.6   development education, or both. 
  7.7      Sec. 7.  [EFFECTIVE DATE.] 
  7.8      Sections 1 to 6 are effective the day following final 
  7.9   enactment.