1.1 	A bill for an act
1.2 	relating to education; providing for a model policy
1.3 	prohibiting intimidation or bullying; proposing coding
1.4 	for new law in Minnesota Statutes, chapter 121A.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [121A.0695] SCHOOL BOARD POLICY; PROHIBITING
1.7 	INTIMIDATION AND BULLYING.
1.8 		Subdivision 1.Intimidation or bullying
1.9 	defined. "Intimidation or bullying" means an intentional
1.10 	gesture or a written, oral, or physical act or threat that a
1.11 	reasonable person under the circumstances knows or should know
1.12 	has the effect of:
1.13 	(1) harming a student;
1.14 	(2) damaging a student's property;
1.15 	(3) placing a student in reasonable fear of harm to the
1.16 	student's person;
1.17 	(4) placing a student in reasonable fear of damage to the
1.18 	student's property; or 
1.19 	(5) creating a severe or persistent environment of
1.20 	intimidation or abuse.
1.21 		Subd. 2.Model policy. The commissioner of education
1.22 	shall maintain and make available to school boards and other
1.23 	schools a model policy prohibiting intimidation and bullying
1.24 	that addresses the requirements of subdivision 3.
1.25 		Subd. 3.School board policy. Each school board shall
2.1 	adopt a written policy prohibiting intimidation and bullying of
2.2 	any student.  The policy must describe the behavior expected of
2.3 	each student and state the consequences for and the appropriate
2.4 	remedial action to be taken against the person acting to
2.5 	intimidate or bully.  The policy must include reporting
2.6 	procedures, including, at a minimum, requiring school personnel
2.7 	to report student intimidation or bullying incidents and
2.8 	allowing persons to report incidents anonymously.  Each district
2.9 	must integrate into its violence prevention program under
2.10 	section 120B.22, if applicable, behavior and expectations
2.11 	established under this section.  Each school must include the
2.12 	policy in the student handbook on school policies.
2.13 	
EFFECTIVE DATE. This section is effective for the
2.14 	2005-2006 school year and later.

2.15 	Sec. 2. MODEL POLICY.
 2.16 	The commissioner of education shall work with the Minnesota
2.17 	School Boards Association to develop a model policy that
2.18 	prohibits intimidating and bullying as required in section 1,
2.19 	subdivision 2.