HF 619

as introduced - 93rd Legislature (2023 - 2024) Posted on 05/17/2023 09:58pm

A bill for an act
relating to education; requiring parental notification of adverse incidents; amending
Minnesota Statutes 2022, section 121A.031, subdivision 4; proposing coding for
new law in Minnesota Statutes, chapter 121A.

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

Section 1.

Minnesota Statutes 2022, section 121A.031, subdivision 4, is amended to read:

Subd. 4.

Local policy components.

(a) Each district and school policy implemented
under this section must, at a minimum:

(1) designate a staff member as the primary contact person in the school building to
receive reports of prohibited conduct under clause (3), ensure the policy and its procedures
including restorative practices, consequences, and sanctions are fairly and fully implemented,
and serve as the primary contact on policy and procedural matters implicating both the
district or school and the department;

(2) require school employees who witness prohibited conduct or possess reliable
information that would lead a reasonable person to suspect that a student is a target of
prohibited conduct to make reasonable efforts to address and resolve the prohibited conduct;

(3) provide a procedure to begin to investigate reports of prohibited conduct within three
school days of the report, and make the primary contact person responsible for the
investigation and any resulting record and for keeping and regulating access to any record;

(4) indicate how a school will respond to an identified incident of prohibited conduct,
including immediately intervening to protect the target of the prohibited conduct; deleted text begin at the
school administrator's discretion and deleted text end consistent with state and federal data practices law
governing access to data, including section 13.02, subdivision 8, deleted text begin a presumption that deleted text end new text begin requiring new text end
a district or school official deleted text begin will deleted text end new text begin to new text end notify the parent of the reported target of the prohibited
conduct and the parent of the actor engaged in the prohibited conduct new text begin within 24 hours of
receiving the report of the incident new text end ; providing other remedial responses to the prohibited
conduct; and ensuring that remedial responses are tailored to the particular incident and
nature of the conduct and the student's developmental age and behavioral history;

(5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports
prohibited conduct or provides information about such conduct and establish appropriate
consequences for a person who engages in reprisal or retaliation;

(6) allow anonymous reporting but do not rely solely on an anonymous report to
determine discipline;

(7) provide information about available community resources to the target, actor, and
other affected individuals, as appropriate;

(8) where appropriate for a child with a disability to prevent or respond to prohibited
conduct, allow the child's individualized education program or section 504 plan to address
the skills and proficiencies the child needs to respond to or not engage in prohibited conduct;

(9) use new employee training materials, the school publication on school rules,
procedures, and standards of conduct, and the student handbook on school policies to
publicize the policy;

(10) require ongoing professional development, consistent with section 122A.60, to
build the skills of all school personnel who regularly interact with students, including but
not limited to educators, administrators, school counselors, social workers, psychologists,
other school mental health professionals, school nurses, cafeteria workers, custodians, bus
drivers, athletic coaches, extracurricular activities advisors, and paraprofessionals to identify,
prevent, and appropriately address prohibited conduct;

(11) allow the alleged actor in an investigation of prohibited conduct to present a defense;
and

(12) inform affected students and their parents of their rights under state and federal
data practices laws to obtain access to data related to the incident and their right to contest
the accuracy or completeness of the data.

(b) Professional development under a local policy includes, but is not limited to,
information about:

(1) developmentally appropriate strategies both to prevent and to immediately and
effectively intervene to stop prohibited conduct;

(2) the complex dynamics affecting an actor, target, and witnesses to prohibited conduct;

(3) research on prohibited conduct, including specific categories of students at risk for
prohibited conduct in school;

(4) the incidence and nature of cyberbullying; and

(5) Internet safety and cyberbullying.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 2.

new text begin [121A.07] NOTIFICATION OF ADVERSE INCIDENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "prohibited conduct" has the
meaning given in section 121A.031, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Notification. new text end

new text begin A school district or charter school must notify the parent or
guardian of a student within 24 hours of receiving a report that:
new text end

new text begin (1) the student was the target of violence, harassment, or prohibited conduct by another
student or district or school employee or agent;
new text end

new text begin (2) the student engaged in violence, harassment, or prohibited conduct; or
new text end

new text begin (3) a teacher, principal, employee, bus driver, or other agent of the district or school has
used reasonable force against the student under section 121A.582.
new text end

new text begin Subd. 3. new text end

new text begin Access to data. new text end

new text begin A notification under this section must be consistent with state
and federal data practices law governing access to data, including section 13.02, subdivision
8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end