HF 826

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/14/2013 08:20 p.m.

1.1A bill for an act 1.2relating to education; providing for safe and supportive schools by prohibiting 1.3bullying; authorizing rulemaking;amending Minnesota Statutes 2012, sections 1.4120B.36, subdivision 1; 121A.55; 122A.60, subdivisions 1a, 3; 124D.10, 1.5subdivision 8; 124D.895, subdivision 1; 124D.8955; 125B.15; 127A.42, 1.6subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 1.7121A; 127A; repealing Minnesota Statutes 2012, sections 121A.03; 121A.0695. 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9    Section 1. new text begin LEGISLATIVE PURPOSE AND INTENT. new text end 1.10 new text begin Bullying by a student against another student is a significant problem in our schools. new text end 1.11 new text begin Such conduct cannot only adversely impact the educational opportunities of another new text end 1.12 new text begin student or students, but it may also substantially disrupt the orderly functioning of a new text end 1.13 new text begin school. Schools have a responsibility to try to prevent such adverse consequences and new text end 1.14 new text begin disruptions for the benefit of all students. new text end 1.15 new text begin Consistent with United States Supreme Court precedent, under this Act, which may new text end 1.16 new text begin be cited as the "Safe and Supportive Minnesota Schools Act," bullying involves plainly new text end 1.17 new text begin offensive conduct that improperly interferes with the rights of other students and the work new text end 1.18 new text begin or discipline of the school. Bullying may occur on school premises or school buses, at new text end 1.19 new text begin school events or functions, or by use of technology. This legislation is intended to prevent new text end 1.20 new text begin bullying by a student to facilitate a safe and conducive educational environment for all new text end 1.21 new text begin students, ameliorate the effects of bullying and teach students the boundaries of socially new text end 1.22 new text begin appropriate behavior. new text end 1.23    Sec. 2. Minnesota Statutes 2012, section 120B.36, subdivision 1, is amended to read: 2.1    Subdivision 1. School performance report cards. (a) The commissioner 2.2shall report student academic performance under section 120B.35, subdivision 2; the 2.3percentages of students showing low, medium, and high growth under section 120B.35, 2.4subdivision 3 , paragraph (b); school safety and student engagement and connection 2.5under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section 2.6120B.35, subdivision 3 , paragraph (c); two separate student-to-teacher ratios that clearly 2.7indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for 2.8purposes of determining these ratios; staff characteristics excluding salaries; student 2.9enrollment demographics; district mobility; new text begin summary data on incidents of prohibited new text end 2.10 new text begin conduct and remedial responses to the incidents under section 121A.031, subdivision 4, new text end 2.11 new text begin paragraph (a), clause (10); new text end and extracurricular activities. The report also must indicate 2.12a school's adequate yearly progress status, and must not set any designations applicable 2.13to high- and low-performing schools due solely to adequate yearly progress status. new text begin The new text end 2.14 new text begin commissioner must use the summary data on prohibited conduct reported under section new text end 2.15 new text begin 121A.031, subdivision 4, paragraph (a), clause (10), to inform the work of the school new text end 2.16 new text begin climate center under section 127A.052 and to assist districts and schools in improving new text end 2.17 new text begin the educational outcomes of all students and specific categories of students affected by new text end 2.18 new text begin such prohibited conduct. new text end 2.19    (b) The commissioner shall develop, annually update, and post on the department 2.20Web site school performance report cards. 2.21    (c) The commissioner must make available performance report cards by the 2.22beginning of each school year. 2.23    (d) A school or district may appeal its adequate yearly progress status in writing to 2.24the commissioner within 30 days of receiving the notice of its status. The commissioner's 2.25decision to uphold or deny an appeal is final. 2.26    (e) School performance report card data are nonpublic data under section 13.02, 2.27subdivision 9 , until the commissioner publicly releases the data. The commissioner shall 2.28annually post school performance report cards to the department's public Web site no later 2.29than September 1, except that in years when the report card reflects new performance 2.30standards, the commissioner shall post the school performance report cards no later than 2.31October 1. 2.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2014-2015 school year and new text end 2.33 new text begin later. new text end 2.34    Sec. 3. new text begin [121A.031] SCHOOL STUDENT BULLYING POLICY. new text end 3.1     new text begin Subdivision 1. new text end new text begin Student bullying policy; scope and application. new text end new text begin (a) This section new text end 3.2 new text begin applies to bullying by a student against another student attending or enrolled in the same new text end 3.3 new text begin school which occurs: new text end 3.4 new text begin (1) on the school premises, at the school functions or activities, or on the school new text end 3.5 new text begin transportation; new text end 3.6 new text begin (2) by use of electronic technology and communications on the school premises, new text end 3.7 new text begin during the school functions or activities, on the school transportation, or on the school new text end 3.8 new text begin computers, networks, forums, and mailing lists; or new text end 3.9 new text begin (3) by use of electronic technology and communications off the school premises new text end 3.10 new text begin to the extent such use is reasonably foreseeable to substantially and materially disrupt new text end 3.11 new text begin student learning or the school environment. new text end 3.12 new text begin (b) "District" under this section means a district as defined in section 120A.05, new text end 3.13 new text begin subdivision 8. "School" under this section means a public school as defined in section new text end 3.14 new text begin 120A.05, subdivisions 9, 11, 13, and 17, and a charter school formed under section new text end 3.15 new text begin 124D.10. "Student" under this section means a person enrolled in and attending a school new text end 3.16 new text begin as defined under this paragraph. new text end 3.17 new text begin (c) A nonpublic school under section 123B.41, subdivision 9, consistent with its new text end 3.18 new text begin school accreditation cycle, is encouraged to electronically transmit to the commissioner its new text end 3.19 new text begin antibullying policy, if any, and any summary data on its bullying incidents. new text end 3.20 new text begin (d) This section does not apply to a home school under sections 120A.22, new text end 3.21 new text begin subdivision 4, and 120A.24. new text end 3.22     new text begin Subd. 2. new text end new text begin Local district and school policy. new text end new text begin (a) Districts and schools, in consultation new text end 3.23 new text begin with students, parents, and community organizations, shall adopt, implement, and annually new text end 3.24 new text begin review, and revise where appropriate, a written policy to prevent and prohibit student new text end 3.25 new text begin bullying consistent with this section. The policy must conform with sections 121A.41 to new text end 3.26 new text begin 121A.56. A district or school must adopt and implement a local policy under subdivisions new text end 3.27 new text begin 2 to 5 or comply with the provisions of the state model policy in subdivision 6. new text end 3.28 new text begin (b) Each local district and school policy must establish research-based, new text end 3.29 new text begin developmentally appropriate best practices that include preventive and remedial measures new text end 3.30 new text begin and effective discipline for deterring policy violations; apply throughout the school or new text end 3.31 new text begin district; and foster active student, parent, and community participation. A district or new text end 3.32 new text begin school may request assistance from the school climate center under section 127A.052 in new text end 3.33 new text begin complying with local policy requirements. The policy shall: new text end 3.34 new text begin (1) apply to all students, school personnel, and volunteers; new text end 3.35 new text begin (2) specifically list the characteristics contained in subdivision 3, paragraph (d); new text end 3.36 new text begin (3) emphasize remedial responses over punitive measures; new text end 4.1 new text begin (4) be conspicuously posted throughout the school building; new text end 4.2 new text begin (5) be given to each school employee and independent contractor, if a contractor new text end 4.3 new text begin regularly interacts with students, at the time of employment with the district or school; new text end 4.4 new text begin (6) be included in the student handbook on school policies; and new text end 4.5 new text begin (7) be available to all parents and other school community members in accessible new text end 4.6 new text begin languages and format on the district or school Web site. new text end 4.7     new text begin (c) Each district and school under this subdivision must discuss its policy with new text end 4.8 new text begin students, school personnel, and volunteers and provide training for all school personnel new text end 4.9 new text begin and volunteers to prevent, identify, and appropriately respond to prohibited conduct. new text end 4.10 new text begin Districts and schools must establish a training cycle, not to exceed a period of three new text end 4.11 new text begin school years, for school personnel and volunteers under this paragraph. Newly employed new text end 4.12 new text begin school personnel and new volunteers must receive the training within the first year of new text end 4.13 new text begin their employment with or volunteer service to the district or school. A district or school new text end 4.14 new text begin administrator may accelerate the training cycle or provide additional training based on a new text end 4.15 new text begin particular need or circumstance. new text end 4.16     new text begin (d) Each district and school under this subdivision must submit an electronic copy of new text end 4.17 new text begin its prohibited conduct policy to the commissioner. new text end 4.18     new text begin Subd. 3. new text end new text begin Definitions. new text end new text begin (a) The terms defined in this subdivision have the meanings new text end 4.19 new text begin given them for purposes of this section. new text end 4.20 new text begin (b) "Bullying" means intimidating, threatening, abusive, or harassing conduct that is new text end 4.21 new text begin objectively offensive and: new text end 4.22 new text begin (1) causes physical harm to a student or a student's property or causes a student to be new text end 4.23 new text begin in reasonable fear of harm to person or property; new text end 4.24 new text begin (2) materially and substantially interferes with a student's educational opportunities new text end 4.25 new text begin or performance or ability to participate in the school functions or activities or receive new text end 4.26 new text begin the school benefits, services, or privileges; new text end 4.27 new text begin (3) under Minnesota common law, violates a student's reasonable expectation new text end 4.28 new text begin of privacy, defames a student, or constitutes intentional infliction of emotional distress new text end 4.29 new text begin against a student; or new text end 4.30 new text begin (4) materially and substantially disrupts the work and discipline of the school. new text end 4.31 new text begin (c) "Cyberbullying" means bullying using technology or other electronic new text end 4.32 new text begin communication, including, but not limited to, a transfer of a sign, signal, writing, image, new text end 4.33 new text begin sound, or data, including a post on a social network Internet Web site or forum, transmitted new text end 4.34 new text begin through a computer, cell phone, or other electronic device. new text end 4.35 new text begin (d) Intimidating, threatening, abusive, or harassing conduct may involve, but is not new text end 4.36 new text begin limited to, conduct that is directed at a student or students based on a person's actual or new text end 5.1 new text begin perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex, new text end 5.2 new text begin age, marital status, familial status, socioeconomic status, physical appearance, sexual new text end 5.3 new text begin orientation, gender identity and expression, academic status, disability, or status with new text end 5.4 new text begin regard to public assistance, age, or any additional characteristic defined in chapter 363A. new text end 5.5 new text begin However, prohibited conduct need not be based on any particular characteristic defined in new text end 5.6 new text begin this paragraph or chapter 363A. new text end 5.7 new text begin (e) "Prohibited conduct" means bullying or cyberbullying as defined under this new text end 5.8 new text begin subdivision or retaliation for asserting, alleging, reporting, or providing information about new text end 5.9 new text begin such conduct. new text end 5.10 new text begin (f) "Remedial response" means a measure to stop and correct prohibited conduct, new text end 5.11 new text begin prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of new text end 5.12 new text begin the student who is the target of the prohibited conduct. Districts and schools may seek the new text end 5.13 new text begin assistance of the school climate center under section 127A.052 to develop and implement new text end 5.14 new text begin remedial responses on behalf of a student who is the target of prohibited conduct, to new text end 5.15 new text begin stop and correct a student engaging in prohibited conduct, and for use with students and new text end 5.16 new text begin adults in the school community. Districts and schools need not report the use of remedial new text end 5.17 new text begin responses when their use is unrelated to any particular incident of prohibited conduct. new text end 5.18     new text begin Subd. 4. new text end new text begin Local policy components. new text end new text begin (a) Each district and school policy implemented new text end 5.19 new text begin under this section must, at a minimum: new text end 5.20 new text begin (1) designate a staff member as the primary contact person in the school building new text end 5.21 new text begin to receive reports of prohibited conduct under clause (3), ensure the policy and its new text end 5.22 new text begin procedures including restorative practices, consequences, and sanctions are fairly and new text end 5.23 new text begin fully implemented, and serve as the primary contact on policy and procedural matters new text end 5.24 new text begin implicating both the district or school and the department; new text end 5.25 new text begin (2) require school employees and trained volunteers who witness prohibited conduct new text end 5.26 new text begin or possess reliable information that would lead a reasonable person to suspect that a new text end 5.27 new text begin student is a target of prohibited conduct to make reasonable efforts to address and resolve new text end 5.28 new text begin the prohibited conduct; new text end 5.29 new text begin (3) provide a procedure to promptly investigate reports of prohibited conduct within new text end 5.30 new text begin three school days of the report, and make the primary contact person responsible for the new text end 5.31 new text begin investigation and any resulting record and for keeping and regulating access to any record; new text end 5.32 new text begin (4) indicate how a school will respond to an identified incident of prohibited new text end 5.33 new text begin conduct, including immediately intervening to protect the target of the prohibited conduct; new text end 5.34 new text begin at the school administrator's discretion and consistent with state and federal data practices new text end 5.35 new text begin law governing access to data, notifying the parent of the reported target of the prohibited new text end 5.36 new text begin conduct and the parent of the actor engaged in the prohibited conduct, or law enforcement new text end 6.1 new text begin officials or officials of a park and recreation public agency that has adopted a policy new text end 6.2 new text begin substantially similar to the requirements of section 121A.031 and provides training to new text end 6.3 new text begin those who have regular contact with youth patrons and personnel who have access to new text end 6.4 new text begin private data on youth patrons; providing other remedial responses to the prohibited new text end 6.5 new text begin conduct; and ensuring that remedial responses are tailored to the particular incident and new text end 6.6 new text begin nature of the conduct and the student's developmental age and behavioral history; new text end 6.7 new text begin (5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports new text end 6.8 new text begin prohibited conduct or provides information about such conduct and establish appropriate new text end 6.9 new text begin consequences for a person who engages in reprisal or retaliation; new text end 6.10 new text begin (6) allow anonymous reporting but do not rely solely on an anonymous report to new text end 6.11 new text begin determine discipline; new text end 6.12 new text begin (7) provide information about available community resources to the target, actor, new text end 6.13 new text begin and other affected individuals, as appropriate; new text end 6.14 new text begin (8) where appropriate for a child with a disability to prevent or respond to prohibited new text end 6.15 new text begin conduct, require the child's individualized education program or section 504 plan to new text end 6.16 new text begin address the skills and proficiencies the child needs to respond to or not engage in new text end 6.17 new text begin prohibited conduct; new text end 6.18 new text begin (9) use new employee training materials, the school publication on school rules, new text end 6.19 new text begin procedures, and standards of conduct, and the student handbook on school policies new text end 6.20 new text begin to publicize the policy; new text end 6.21 new text begin (10) require annual reporting, collection, and analysis of summary data on incidents new text end 6.22 new text begin of prohibited conduct and on remedial responses both to students and throughout the new text end 6.23 new text begin school; and new text end 6.24 new text begin (11) require ongoing professional development, consistent with section 122A.60, new text end 6.25 new text begin to build the skills of all school personnel and volunteers, including, but not limited to, new text end 6.26 new text begin educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, new text end 6.27 new text begin athletic coaches, extracurricular activities advisors, volunteers, and paraprofessionals to new text end 6.28 new text begin identify, prevent, and appropriately address prohibited conduct. new text end 6.29 new text begin (b) Professional development under a local policy includes, but is not limited to, new text end 6.30 new text begin information about: new text end 6.31 new text begin (1) developmentally appropriate strategies both to prevent and to immediately and new text end 6.32 new text begin effectively intervene to stop prohibited conduct; new text end 6.33 new text begin (2) the complex dynamics affecting an actor, target, and witnesses to prohibited new text end 6.34 new text begin conduct; new text end 6.35 new text begin (3) research on prohibited conduct, including specific categories of students at risk new text end 6.36 new text begin for prohibited conduct in school; new text end 7.1 new text begin (4) the incidence and nature of cyberbullying; and new text end 7.2 new text begin (5) Internet safety and cyberbullying. new text end 7.3     new text begin Subd. 5. new text end new text begin Safe and supportive schools programming. new text end new text begin (a) Districts and schools new text end 7.4 new text begin are encouraged to provide developmentally appropriate programmatic instruction new text end 7.5 new text begin to help students identify, prevent, and reduce prohibited conduct; value diversity in new text end 7.6 new text begin school and society; develop and improve students' knowledge and skills for solving new text end 7.7 new text begin problems, managing conflict, engaging in civil discourse, and recognizing, responding new text end 7.8 new text begin to, and reporting prohibited conduct; and make effective prevention and intervention new text end 7.9 new text begin programs available to students. Upon request, the school climate center under section new text end 7.10 new text begin 127A.052 must assist a district or school in helping students understand social media new text end 7.11 new text begin and cyberbullying. Districts and schools must establish strategies for creating a positive new text end 7.12 new text begin school climate and use evidence-based social-emotional learning to prevent and reduce new text end 7.13 new text begin discrimination and other improper conduct. new text end 7.14 new text begin (b) Districts and schools are encouraged to: new text end 7.15 new text begin (1) engage all students in creating a safe and supportive school environment; new text end 7.16 new text begin (2) partner with parents and other community members to develop and implement new text end 7.17 new text begin prevention and intervention programs; new text end 7.18 new text begin (3) engage all students and adults in integrating education, intervention, and other new text end 7.19 new text begin remedial responses into the school environment; new text end 7.20 new text begin (4) train student bystanders to intervene in and report incidents of prohibited conduct new text end 7.21 new text begin to the school's primary contact person; new text end 7.22 new text begin (5) teach students to advocate for themselves and others; new text end 7.23 new text begin (6) prevent inappropriate referrals to special education of students who may engage new text end 7.24 new text begin in prohibited conduct; and new text end 7.25 new text begin (7) foster student collaborations that foster a safe and supportive school climate. new text end 7.26     new text begin Subd. 6. new text end new text begin State model policy. new text end new text begin (a) The commissioner, in consultation with the new text end 7.27 new text begin commissioner of human rights, shall develop and maintain a state model policy. A district new text end 7.28 new text begin or school that does not adopt and implement a local policy under subdivisions 2 to 5 new text end 7.29 new text begin must implement and may supplement the provisions of the state model policy. The new text end 7.30 new text begin commissioner must assist districts and schools under this subdivision to implement the new text end 7.31 new text begin state policy. The state model policy must: new text end 7.32 new text begin (1) define prohibited conduct, consistent with this section; new text end 7.33 new text begin (2) apply the prohibited conduct policy components in this section; new text end 7.34 new text begin (3) for a child with a disability, whenever an evaluation by an individualized new text end 7.35 new text begin education program team or a section 504 team indicates that the child's disability affects new text end 7.36 new text begin the child's social skills development or the child is vulnerable to prohibited conduct new text end 8.1 new text begin because of the child's disability, the child's individualized education program or section new text end 8.2 new text begin 504 plan must address the skills and proficiencies the child needs to not engage in and new text end 8.3 new text begin respond to such conduct; and new text end 8.4 new text begin (4) encourage violence prevention and character development education programs new text end 8.5 new text begin under section 120B.232, subdivision 1. new text end 8.6 new text begin (b) The commissioner shall develop and post departmental procedures for: new text end 8.7 new text begin (1) periodically reviewing district and school programs and policies for compliance new text end 8.8 new text begin with this section; new text end 8.9 new text begin (2) investigating, reporting, and responding to noncompliance with this section, new text end 8.10 new text begin which may include an annual review of plans to improve and provide a safe and supportive new text end 8.11 new text begin school climate; new text end 8.12 new text begin (3) allowing students, parents, and educators to file a complaint about noncompliance new text end 8.13 new text begin with the commissioner; and new text end 8.14 new text begin (4) annually publishing statewide summary data on incidents of prohibited conduct, new text end 8.15 new text begin consistent with section 120B.36, subdivision 1. new text end 8.16     new text begin (c) Department records under this subdivision are private data on individuals. An new text end 8.17 new text begin individual subject of the data shall have access to the data except that the name of a new text end 8.18 new text begin reporter is confidential. new text end 8.19     new text begin (d) The commissioner must post on the department's Web site information indicating new text end 8.20 new text begin that when districts and schools allow noncurriculum-related student groups access to new text end 8.21 new text begin school facilities, the district or school must give all student groups equal access to the new text end 8.22 new text begin school facilities regardless of the content of the group members' speech. new text end 8.23     new text begin Subd. 7. new text end new text begin Relation to existing law. new text end new text begin This section does not: new text end 8.24 new text begin (1) establish any private right of action; new text end 8.25 new text begin (2) limit rights currently available to an individual under other civil or criminal law, new text end 8.26 new text begin including, but not limited to, chapter 363A; or new text end 8.27 new text begin (3) interfere with a person's rights of religious expression and free speech and new text end 8.28 new text begin expression under the First Amendment of the Unites States Constitution. new text end 8.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2013-2014 school year and new text end 8.30 new text begin later. new text end 8.31    Sec. 4. Minnesota Statutes 2012, section 121A.55, is amended to read: 8.32121A.55 POLICIES TO BE ESTABLISHED. 8.33(a) The commissioner of education shall promulgate guidelines to assist each school 8.34board. Each school board shall new text begin to new text end establish uniform criteria for dismissal and adopt 9.1written policies and rules to effectuate the purposes of sections new text begin 121A.031 and new text end 121A.40 to 9.2121A.56 . The policies shall emphasize preventing dismissals through early detection of 9.3problems and shall be designed to address new text begin prevent new text end students' inappropriate behavior from 9.4recurring. The policies shall recognize the continuing responsibility of the school for the 9.5education of new text begin to educate new text end the pupil during the dismissal period. The alternative educational 9.6services, if the pupil wishes to take advantage of them, must be adequate to allow the 9.7pupil to make progress towards meeting the graduation standards adopted under section 9.8120B.02 and help prepare the pupil for readmission. 9.9(b) An area learning center under section 123A.05 may not prohibit an expelled or 9.10excluded pupil from enrolling solely because a district expelled or excluded the pupil. The 9.11board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to 9.12exclude a pupil or to require an admission plan. 9.13(c) Each school district shall develop a policy and report it to the commissioner on 9.14the appropriate use of peace officers and crisis teams to remove students who have an 9.15individualized education program from school grounds. 9.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2013-2014 school year and new text end 9.17 new text begin later. new text end 9.18    Sec. 5. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read: 9.19    Subd. 1a. Effective staff development activities. (a) Staff development activities 9.20must: 9.21(1) focus on the school classroom and research-based strategies that improve student 9.22learning; 9.23(2) provide opportunities for teachers to practice and improve their instructional 9.24skills over time; 9.25(3) provide opportunities for teachers to use student data as part of their daily work 9.26to increase student achievement; 9.27(4) enhance teacher content knowledge and instructional skills, including to 9.28accommodate the delivery of digital and blended learning and curriculum and engage 9.29students with technology; 9.30(5) align with state and local academic standards; 9.31(6) provide opportunities to build professional relationships, foster collaboration 9.32among principals and staff who provide instruction, and provide opportunities for 9.33teacher-to-teacher mentoring; and 9.34(7) align with the plan of the district or site for an alternative teacher professional 9.35pay system. 10.1Staff development activities may include curriculum development and curriculum training 10.2programs, and activities that provide teachers and other members of site-based teams 10.3training to enhance team performance. The school district also may implement other 10.4staff development activities required by law and activities associated with professional 10.5teacher compensation models. 10.6(b) Release time provided for teachers to supervise students on field trips and school 10.7activities, or independent tasks not associated with enhancing the teacher's knowledge 10.8and instructional skills, such as preparing report cards, calculating grades, or organizing 10.9classroom materials, may not be counted as staff development time that is financed with 10.10staff development reserved revenue under section 122A.61. 10.11 new text begin (c) Staff development activities also may include training for school counselors, new text end 10.12 new text begin school nurses, social workers, psychologists, and other mental health professionals new text end 10.13 new text begin to support students, teachers, and school administrators in implementing restorative new text end 10.14 new text begin and reparative best practices to prevent and appropriately address prohibited conduct, new text end 10.15 new text begin consistent with section 121A.031. new text end 10.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2013-2014 school year and new text end 10.17 new text begin later. new text end 10.18    Sec. 6. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read: 10.19    Subd. 3. Staff development outcomes. The advisory staff development committee 10.20must adopt a staff development plan for improving student achievement. The plan must 10.21be consistent with education outcomes that the school board determines. The plan 10.22must include ongoing staff development activities that contribute toward continuous 10.23improvement in achievement of the following goals: 10.24(1) improve student achievement of state and local education standards in all areas 10.25of the curriculum by using best practices methods; 10.26(2) effectively meet the needs of a diverse student population, including at-risk 10.27children, children with disabilities, and gifted children, within the regular classroom 10.28and other settings; 10.29(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse 10.30student population that is consistent with the state education diversity rule and the district's 10.31education diversity plan; 10.32(4) improve staff collaboration and develop mentoring and peer coaching programs 10.33for teachers new to the school or district; 10.34(5) effectively teach and model violence prevention policy and curriculum that 10.35address early intervention alternatives, issues of harassment, new text begin train all school staff and new text end 11.1 new text begin school volunteers who regularly interact with students in best practices to create and new text end 11.2 new text begin maintain a safe and supportive learning environment, consistent with section 121A.031, new text end 11.3and teach nonviolent alternatives for conflict resolution new text begin , including restorative and new text end 11.4 new text begin reparative processes new text end ; 11.5(6) effectively deliver digital and blended learning and curriculum and engage 11.6students with technology; and 11.7(7) provide teachers and other members of site-based management teams with 11.8appropriate management and financial management skills. 11.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2013-2014 school year and new text end 11.10 new text begin later. new text end 11.11    Sec. 7. Minnesota Statutes 2012, section 124D.10, subdivision 8, is amended to read: 11.12    Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all 11.13federal, state, and local health and safety requirements applicable to school districts. 11.14    (b) A school must comply with statewide accountability requirements governing 11.15standards and assessments in chapter 120B. 11.16    (c) A school authorized by a school board may be located in any district, unless the 11.17school board of the district of the proposed location disapproves by written resolution. 11.18    (d) A charter school must be nonsectarian in its programs, admission policies, 11.19employment practices, and all other operations. An authorizer may not authorize a charter 11.20school or program that is affiliated with a nonpublic sectarian school or a religious 11.21institution. A charter school student must be released for religious instruction, consistent 11.22with section 120A.22, subdivision 12, clause (3). 11.23    (e) Charter schools must not be used as a method of providing education or 11.24generating revenue for students who are being home-schooled. This paragraph does not 11.25apply to shared time aid under section 126C.19. 11.26    (f) The primary focus of a charter school must be to provide a comprehensive 11.27program of instruction for at least one grade or age group from five through 18 years 11.28of age. Instruction may be provided to people younger than five years and older than 11.2918 years of age. 11.30    (g) A charter school may not charge tuition. 11.31    (h) A charter school is subject to and must comply with chapter 363A and section 11.32121A.04 . 11.33    (i) A charter school is subject to and must comply with the Pupil Fair Dismissal 11.34Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 11.35123B.34 to 123B.39. 12.1    (j) A charter school is subject to the same financial audits, audit procedures, and 12.2audit requirements as a district. Audits must be conducted in compliance with generally 12.3accepted governmental auditing standards, the federal Single Audit Act, if applicable, 12.4and section 6.65. A charter school is subject to and must comply with sections 15.054; 12.5118A.01 ; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and 12.6471.425 . The audit must comply with the requirements of sections 123B.75 to 123B.83, 12.7except to the extent deviations are necessary because of the program at the school. 12.8Deviations must be approved by the commissioner and authorizer. The Department of 12.9Education, state auditor, legislative auditor, or authorizer may conduct financial, program, 12.10or compliance audits. A charter school determined to be in statutory operating debt under 12.11sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4. 12.12    (k) A charter school is a district for the purposes of tort liability under chapter 466. 12.13    (l) A charter school must comply with chapters 13 and 13D; and sections 120A.22, 12.14subdivision 7 ; 121A.75; and 260B.171, subdivisions 3 and 5. 12.15    (m) A charter school is subject to the Pledge of Allegiance requirement under 12.16section 121A.11, subdivision 3. 12.17    (n) A charter school offering online courses or programs must comply with section 12.18124D.095 . 12.19    (o) A charter school and charter school board of directors are subject to chapter 181. 12.20    (p) A charter school must comply with section 120A.22, subdivision 7, governing 12.21the transfer of students' educational records and sections 138.163 and 138.17 governing 12.22the management of local records. 12.23    (q) A charter school that provides early childhood health and developmental 12.24screening must comply with sections 121A.16 to 121A.19. 12.25(r) A charter school that provides school-sponsored youth athletic activities must 12.26comply with section 121A.38. 12.27 new text begin (s) A charter school must comply with section 121A.031 governing policies on new text end 12.28 new text begin prohibited conduct. new text end 12.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2013-2014 school year and new text end 12.30 new text begin later. new text end 12.31    Sec. 8. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read: 12.32    Subdivision 1. Program goals. The department, in consultation with the state 12.33curriculum advisory committee, must develop guidelines and model plans for parental 12.34involvement programs that will: 13.1(1) engage the interests and talents of parents or guardians in recognizing and 13.2meeting the emotional, intellectual, and physical needs of their school-age children; 13.3(2) promote healthy self-concepts among parents or guardians and other family 13.4members; 13.5(3) offer parents or guardians a chance to share and learn about educational skills, 13.6techniques, and ideas; 13.7(4) provide creative learning experiences for parents or guardians and their 13.8school-age children, including involvement from parents or guardians of color; 13.9(5) encourage parents to actively participate in their district's curriculum advisory 13.10committee under section 120B.11 in order to assist the school board in improving 13.11children's education programs; and 13.12(6) encourage parents to help in promoting school desegregation/integration new text begin ; and new text end 13.13 new text begin (7) partner with parents in establishing a positive school climate by developing new text end 13.14 new text begin and implementing prevention and intervention programs on prohibited conduct under new text end 13.15 new text begin section 121A.031 new text end . 13.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 13.17    Sec. 9. Minnesota Statutes 2012, section 124D.8955, is amended to read: 13.18124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY. 13.19    (a) In order to promote and support student achievement, a local school board is 13.20encouraged to formally adopt and implement a parent and family involvement policy that 13.21promotes and supports: 13.22    (1) communication between home and school that is regular, two-way, and 13.23meaningful; 13.24    (2) parenting skills; 13.25    (3) parents and caregivers who play an integral role in assisting student learning and 13.26learn about fostering students' academic success and learning at home and school; 13.27    (4) welcoming parents in the school and seeking their support and assistance; 13.28    (5) partnerships with parents in the decisions that affect children and families 13.29in the schools; and 13.30    (6) providing community resources to strengthen schools, families, and student 13.31learning new text begin , including establishing a safe and supportive school climate by developing and new text end 13.32 new text begin implementing prevention and intervention programs on prohibited conduct under section new text end 13.33 new text begin 121A.031 new text end . 14.1    (b) A school board that implements a parent and family involvement policy under 14.2paragraph (a) must convene an advisory committee composed of an equal number of 14.3resident parents who are not district employees and school staff to make recommendations 14.4to the board on developing and evaluating the board's parent and family involvement 14.5policy. If possible, the advisory committee must represent the diversity of the district. The 14.6advisory committee must consider the district's demographic diversity and barriers to 14.7parent involvement when developing its recommendations. new text begin The advisory committee must new text end 14.8 new text begin recommend to the school board and district or school how programs serving children and new text end 14.9 new text begin adolescents can collaborate on: new text end 14.10 new text begin (1) understanding child and adolescent development; new text end 14.11 new text begin (2) encouraging healthy communication between parents and children; new text end 14.12 new text begin (3) managing students' behavior through positive reinforcement; new text end 14.13 new text begin (4) establishing expectations for student behavior; new text end 14.14 new text begin (5) providing media and Internet guidance, limits, and supervision; and new text end 14.15 new text begin (6) promoting resilience and reducing risks for children. new text end 14.16The advisory committee must present its recommendations to the board for board 14.17consideration. 14.18    (c) The board must consider best practices when implementing this policy. 14.19    (d) The board periodically must review this policy to determine whether it is aligned 14.20with the most current research findings on parent involvement policies and practices and 14.21how effective the policy is in supporting increased student achievement. 14.22    (e) Nothing in this section obligates a school district to exceed any parent or family 14.23involvement requirement under federal law. 14.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 14.25    Sec. 10. Minnesota Statutes 2012, section 125B.15, is amended to read: 14.26125B.15 INTERNET ACCESS FOR STUDENTS. 14.27    (a) Recognizing the difference between school libraries, school computer labs, and 14.28school media centers, which serve unique educational purposes, and public libraries, 14.29which are designed for public inquiry, all computers at a school site with access to the 14.30Internet available for student use must be equipped to restrict, including by use of 14.31available software filtering technology or other effective methods, all student access 14.32to material that is reasonably believed to be obscene or child pornography or material 14.33harmful to minors under federal or state law. 15.1    (b) A school site is not required to purchase filtering technology if the school site 15.2would incur more than incidental expense in making the purchase. 15.3    (c) A school district receiving technology revenue under section 125B.26 must 15.4prohibit, including through use of available software filtering technology or other effective 15.5methods, adult access to material that under federal or state law is reasonably believed to 15.6be obscene or child pornography. 15.7    (d) A school district, its agents or employees, are immune from liability for failure 15.8to comply with this section if they have made a good faith effort to comply with the 15.9requirements of this section. 15.10    (e) "School site" means an education site as defined in section 123B.04, subdivision 15.111 , or charter school under section 124D.10. 15.12     new text begin (f) All school sites having computers with Internet access must adopt and implement new text end 15.13 new text begin a policy to prohibit cyberbullying, consistent with section 121A.031. new text end 15.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2013-2014 school year and new text end 15.15 new text begin later. new text end 15.16    Sec. 11. new text begin [127A.051] SCHOOL CLIMATE COUNCIL. new text end 15.17     new text begin Subdivision 1. new text end new text begin Establishment and membership; terms. new text end new text begin (a) A 24-member new text end 15.18 new text begin multiagency leadership council is established to improve school climate and school new text end 15.19 new text begin safety so that all Minnesota students in prekindergarten through grade 12 schools and new text end 15.20 new text begin higher education institutions have a safe and supportive learning environment in order to new text end 15.21 new text begin maximize each student's learning potential. new text end 15.22 new text begin (b) The council shall consist of: new text end 15.23 new text begin (1) the commissioners or their designees from the Departments of Education, new text end 15.24 new text begin Health, Human Rights, Human Services, Public Safety, and Corrections, and the Office of new text end 15.25 new text begin Higher Education; new text end 15.26 new text begin (2) one representative each from the Board of Teaching, Board of School new text end 15.27 new text begin Administrators, Minnesota School Boards Association, Elementary School Principals new text end 15.28 new text begin Association, Association of Secondary School Principals, and Education Minnesota as new text end 15.29 new text begin selected by each organization; new text end 15.30 new text begin (3) two representatives each of student support personnel, parents, and students as new text end 15.31 new text begin selected by the commissioner of education; new text end 15.32 new text begin (4) two representatives of local law enforcement as selected by the commissioner of new text end 15.33 new text begin public safety; new text end 15.34 new text begin (5) two representatives of the judicial branch as selected by the chief justice of new text end 15.35 new text begin the Supreme Court; and new text end 16.1 new text begin (6) one charter school representative selected by the Minnesota Association of new text end 16.2 new text begin Charter Schools. new text end 16.3 new text begin (c) A member serves at the pleasure of their appointing authority and continues new text end 16.4 new text begin to serve until their successor is appointed. new text end 16.5     new text begin Subd. 2. new text end new text begin Duties. new text end new text begin The council must provide leadership for the following activities: new text end 16.6 new text begin (1) establishment of norms and standards for prevention, intervention, and support new text end 16.7 new text begin around issues of prohibited conduct; new text end 16.8 new text begin (2) advancement of evidence-based policy and best practices to improve school new text end 16.9 new text begin climate and promote school safety; and new text end 16.10 new text begin (3) development and dissemination of resources and training for schools and new text end 16.11 new text begin communities about issues of prohibited conduct under section 121A.031, and other school new text end 16.12 new text begin safety-related issues. new text end 16.13     new text begin Subd. 3. new text end new text begin Meetings; chair. new text end new text begin The commissioner of education must convene the first new text end 16.14 new text begin meeting of the council by October 1, 2013, and must serve as chair. The council must meet new text end 16.15 new text begin at least one time per year. The council does not need a quorum to conduct its meetings. new text end 16.16     new text begin Subd. 4. new text end new text begin Compensation. new text end new text begin Council members are not eligible for compensation or new text end 16.17 new text begin reimbursement for expenses related to council activities. new text end 16.18     new text begin Subd. 5. new text end new text begin Support. new text end new text begin The Department of Education and the Department of Public new text end 16.19 new text begin Safety must provide technical assistance to council members upon request. The council, new text end 16.20 new text begin upon request, must consult with the school climate center and the school safety center. new text end 16.21     new text begin Subd. 6. new text end new text begin Reporting. new text end new text begin The council must report its activities annually by October 1, new text end 16.22 new text begin to the commissioner of education. The Department of Education must post the council's new text end 16.23 new text begin meeting notices and other relevant information regarding its duties on the agency's Web site. new text end 16.24     new text begin Subd. 7. new text end new text begin Expiration. new text end new text begin The school climate council does not expire. new text end 16.25    Sec. 12. new text begin [127A.052] SCHOOL CLIMATE CENTER. new text end 16.26 new text begin (a) The commissioner shall establish a school climate center at the department to new text end 16.27 new text begin help districts and schools under section 121A.031 provide a safe and supportive learning new text end 16.28 new text begin environment and foster academic achievement for all students by focusing on prevention, new text end 16.29 new text begin intervention, support, and recovery efforts to develop and maintain safe and supportive new text end 16.30 new text begin schools. The center must work collaboratively with implicated state agencies identified new text end 16.31 new text begin by the center and schools, communities, and interested individuals and organizations to new text end 16.32 new text begin determine how to best use available resources. new text end 16.33 new text begin (b) The center's services shall include: new text end 16.34 new text begin (1) evidence-based policy review, development, and dissemination; new text end 17.1 new text begin (2) single, point-of-contact services designed for schools, parents, and students new text end 17.2 new text begin seeking information or other help; new text end 17.3 new text begin (3) qualitative and quantitative data gathering, interpretation, and dissemination of new text end 17.4 new text begin summary data for existing reporting systems and student surveys and the identification new text end 17.5 new text begin and pursuit of emerging trends and issues; new text end 17.6 new text begin (4) assistance to districts and schools in using Minnesota student survey results to new text end 17.7 new text begin inform intervention and prevention programs; new text end 17.8 new text begin (5) education and skill building; new text end 17.9 new text begin (6) multisector and multiagency planning and advisory activities incorporating new text end 17.10 new text begin best practices and research; and new text end 17.11 new text begin (7) administrative and financial support for school and district planning, schools new text end 17.12 new text begin recovering from incidents of violence, and school and district violence prevention new text end 17.13 new text begin education. new text end 17.14 new text begin (c) The center shall: new text end 17.15 new text begin (1) compile and make available to all districts and schools evidence-based elements new text end 17.16 new text begin and resources to develop and maintain safe and supportive schools; new text end 17.17 new text begin (2) establish and maintain a central repository for collecting and analyzing new text end 17.18 new text begin information about prohibited conduct under section 121A.031, including, but not limited to: new text end 17.19 new text begin (i) training materials on strategies and techniques to prevent and appropriately new text end 17.20 new text begin address prohibited conduct under section 121A.031; new text end 17.21 new text begin (ii) model programming; new text end 17.22 new text begin (iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph new text end 17.23 new text begin (f); and new text end 17.24 new text begin (iv) other resources for improving the school climate and preventing prohibited new text end 17.25 new text begin conduct under section 121A.031; new text end 17.26 new text begin (3) assist districts and schools to develop strategies and techniques for effectively new text end 17.27 new text begin communicating with and engaging parents in efforts to protect and deter students from new text end 17.28 new text begin prohibited conduct under section 121A.031; and new text end 17.29 new text begin (4) solicit input from social media experts on implementing this section. new text end 17.30 new text begin (d) The commissioner shall provide administrative services including personnel, new text end 17.31 new text begin budget, payroll and contract services, and staff support for center activities including new text end 17.32 new text begin developing and disseminating materials, providing seminars, and developing and new text end 17.33 new text begin maintaining a Web site. Center staff shall include a center director, a data analyst new text end 17.34 new text begin coordinator, and trainers who provide training to affected state and local organizations new text end 17.35 new text begin under a fee-for-service agreement. The financial, administrative, and staff support the new text end 18.1 new text begin commissioner provides under this section must be based on an annual budget and work new text end 18.2 new text begin program developed by the center and submitted to the commissioner by the center director. new text end 18.3 new text begin (e) School climate center staff may consult with school safety center staff at the new text end 18.4 new text begin Department of Public Safety in providing services under this section. new text end 18.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective beginning July 1, 2013. new text end 18.6    Sec. 13. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read: 18.7    Subd. 2. Violations of law. The commissioner may reduce or withhold the district's 18.8state aid for any school year whenever the board of the district authorizes or permits 18.9violations of law within the district by: 18.10(1) employing a teacher who does not hold a valid teaching license or permit in a 18.11public school; 18.12(2) noncompliance with a mandatory rule of general application promulgated by the 18.13commissioner in accordance with statute, unless special circumstances make enforcement 18.14inequitable, impose an extraordinary hardship on the district, or the rule is contrary to 18.15the district's best interests; 18.16(3) the district's continued performance of a contract made for the rental of rooms 18.17or buildings for school purposes or for the rental of any facility owned or operated by or 18.18under the direction of any private organization, if the contract has been disapproved, the 18.19time for review of the determination of disapproval has expired, and no proceeding for 18.20review is pending; 18.21(4) any practice which is a violation of sections 1 and 2 of article 13 of the 18.22Constitution of the state of Minnesota; 18.23(5) failure to reasonably provide for a resident pupil's school attendance under 18.24Minnesota Statutes; 18.25(6) noncompliance with state laws prohibiting discrimination because of race, color, 18.26creed, religion, national origin, sex, new text begin sexual orientation, gender identity and expression, new text end 18.27 age, marital status, status with regard to public assistance or new text begin , new text end disability, as defined in 18.28sections 363A.08 to 363A.19 and 363A.28, subdivision 10 new text begin , or noncompliance with new text end 18.29 new text begin prohibited conduct under section 121A.031 new text end ; or 18.30(7) using funds contrary to the statutory purpose of the funds. 18.31The reduction or withholding must be made in the amount and upon the procedure 18.32provided in this section, or, in the case of the violation stated in clause (1), upon the 18.33procedure provided in section 127A.43. 19.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2013-2014 school year and new text end 19.2 new text begin later. new text end 19.3    Sec. 14. new text begin REPEALER. new text end 19.4 new text begin Minnesota Statutes 2012, sections 121A.03; and 121A.0695, new text end new text begin are repealed effective new text end 19.5 new text begin July 1, 2013. new text end