HF 826

3rd Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 03/19/2014 04:43 p.m.

1.1A bill for an act 1.2relating to education; providing for safe and supportive schools by prohibiting 1.3bullying; amending Minnesota Statutes 2012, sections 124D.895, subdivision 1.41; 124D.8955; 127A.42, subdivision 2; Minnesota Statutes 2013 Supplement, 1.5section 124D.10, subdivision 8; proposing coding for new law in Minnesota 1.6Statutes, chapters 121A; 127A; repealing Minnesota Statutes 2012, section 1.7121A.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. new text begin [121A.031] SCHOOL STUDENT BULLYING POLICY. new text end 2.1     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 2.2 new text begin applies to bullying by a student against another student enrolled in a public school and new text end 2.3 new text begin which occurs: new text end 2.4 new text begin (1) on the school premises, at the school functions or activities, or on the school new text end 2.5 new text begin transportation; new text end 2.6 new text begin (2) by use of electronic technology and communications on the school premises, new text end 2.7 new text begin during the school functions or activities, on the school transportation, or on the school new text end 2.8 new text begin computers, networks, forums, and mailing lists; or new text end 2.9 new text begin (3) by use of electronic technology and communications off the school premises to new text end 2.10 new text begin the extent such use substantially and materially disrupts student learning or the school new text end 2.11 new text begin environment. new text end 2.12 new text begin (b) A nonpublic school under section 123B.41, subdivision 9, consistent with its new text end 2.13 new text begin school accreditation cycle, is encouraged to electronically transmit to the commissioner its new text end 2.14 new text begin antibullying policy, if any, and any summary data on its bullying incidents. new text end 2.15 new text begin (c) This section does not apply to a home school under sections 120A.22, subdivision new text end 2.16 new text begin 4, and 120A.24. new text end 2.17     new text begin (d) A school-aged child who voluntarily participates in a public school activity such new text end 2.18 new text begin as a co-curricular or extra-curricular activity, is subject to the same student bullying policy new text end 2.19 new text begin provisions applicable to the public school students participating in the activity. new text end 2.20     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms have new text end 2.21 new text begin the meanings given them. new text end 2.22     new text begin (b) "District" means a district under section 120A.05, subdivision 8. new text end 2.23     new text begin (c) "Public school" or "school" means a public school under section 120A.05, new text end 2.24 new text begin subdivisions 9, 11, 13, and 17, and a charter school under section 124D.10. new text end 2.25     new text begin (d) "Student" means a student enrolled in a school under paragraph (c). new text end 2.26     new text begin (e) "Bullying" means intimidating, threatening, abusive, or harming conduct that is new text end 2.27 new text begin objectively offensive and: new text end 2.28     new text begin (1) there is an actual or perceived imbalance of power between the student engaging new text end 2.29 new text begin in prohibited conduct and the target of the behavior and the conduct is repeated or forms a new text end 2.30 new text begin pattern; or new text end 2.31     new text begin (2) materially and substantially interferes with a student's educational opportunities new text end 2.32 new text begin or performance or ability to participate in school functions or activities or receive school new text end 2.33 new text begin benefits, services, or privileges. new text end 2.34     new text begin (f) "Cyberbullying" means bullying using technology or other electronic new text end 2.35 new text begin communication, including, but not limited to, a transfer of a sign, signal, writing, image, new text end 3.1 new text begin sound, or data, including a post on a social network Internet Web site or forum, transmitted new text end 3.2 new text begin through a computer, cell phone, or other electronic device. new text end 3.3     new text begin (g) Intimidating, threatening, abusive, or harming conduct may involve, but is not new text end 3.4 new text begin limited to, conduct that causes physical harm to a student or a student's property or new text end 3.5 new text begin causes a student to be in reasonable fear of harm to person or property; under Minnesota new text end 3.6 new text begin common law, violates a student's reasonable expectation of privacy, defames a student, new text end 3.7 new text begin or constitutes intentional infliction of emotional distress against a student; is directed new text end 3.8 new text begin at a student or students based on a person's actual or perceived race, ethnicity, color, new text end 3.9 new text begin creed, religion, national origin, immigration status, sex, age, marital status, familial status, new text end 3.10 new text begin socioeconomic status, physical appearance, sexual orientation, including gender identity new text end 3.11 new text begin and expression, academic status related to student performance, disability, or status with new text end 3.12 new text begin regard to public assistance, age, or any additional characteristic defined in chapter 363A. new text end 3.13 new text begin However, prohibited conduct need not be based on any particular characteristic defined in new text end 3.14 new text begin this paragraph or chapter 363A. new text end 3.15     new text begin (h) "Prohibited conduct" means bullying or cyberbullying as defined under this new text end 3.16 new text begin subdivision or retaliation for asserting, alleging, reporting, or providing information about new text end 3.17 new text begin such conduct. new text end 3.18     new text begin (i) "Remedial response" means a measure to stop and correct prohibited conduct, new text end 3.19 new text begin prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of new text end 3.20 new text begin the student who is the target of the prohibited conduct. Districts and schools may seek the new text end 3.21 new text begin assistance of the school climate center under section 127A.052 to develop and implement new text end 3.22 new text begin remedial responses on behalf of a student who is the target of prohibited conduct, to new text end 3.23 new text begin stop and correct a student engaging in prohibited conduct, and for use with students and new text end 3.24 new text begin adults in the school community. new text end 3.25     new text begin Subd. 3. 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 3.26 new text begin with students, parents, and community organizations, to the extent practicable, shall adopt, new text end 3.27 new text begin implement, and, on a cycle consistent with other district policies, review, and revise where new text end 3.28 new text begin appropriate, a written policy to prevent and prohibit student bullying consistent with this new text end 3.29 new text begin section. The policy must conform with sections 121A.41 to 121A.56. A district or school new text end 3.30 new text begin must adopt and implement a local policy under subdivisions 3 to 5 or comply with the new text end 3.31 new text begin provisions of the state model policy in subdivision 6. new text end 3.32 new text begin (b) Each local district and school policy must establish research-based, new text end 3.33 new text begin developmentally appropriate best practices that include preventive and remedial measures new text end 3.34 new text begin and effective discipline for deterring policy violations; apply throughout the school or new text end 3.35 new text begin district; and foster active student, parent, and community participation. A district or new text end 4.1 new text begin school may request assistance from the school climate center under section 127A.052 in new text end 4.2 new text begin complying with local policy requirements. The policy shall: new text end 4.3 new text begin (1) define the roles and responsibilities of students, school personnel, and volunteers new text end 4.4 new text begin under the policy; new text end 4.5 new text begin (2) specifically list the characteristics contained in subdivision 2, paragraph (g); new text end 4.6 new text begin (3) emphasize remedial responses; new text end 4.7 new text begin (4) be conspicuously posted in the administrative offices of the school and school new text end 4.8 new text begin district in summary form; new text end 4.9 new text begin (5) be given to each school employee and independent contractor, if a contractor new text end 4.10 new text begin regularly interacts with students, at the time of employment with the district or school; new text end 4.11 new text begin (6) be included in the student handbook on school policies; and new text end 4.12 new text begin (7) be available to all parents and other school community members in an electronic new text end 4.13 new text begin format in the languages appearing on the district or school Web site, consistent with new text end 4.14 new text begin the district policies and practices. new text end 4.15     new text begin (c) Consistent with its applicable policies and practices, Each district and school new text end 4.16 new text begin under this subdivision must discuss its policy with students, school personnel, and new text end 4.17 new text begin volunteers and provide appropriate training for all school personnel to prevent, identify, new text end 4.18 new text begin and respond to prohibited conduct. Districts and schools must establish a training cycle, new text end 4.19 new text begin not to exceed a period of three school years, for school personnel under this paragraph. new text end 4.20 new text begin Newly employed school personnel must receive the training within the first year of their new text end 4.21 new text begin employment with the district or school. A district or school administrator may accelerate new text end 4.22 new text begin the training cycle or provide additional training based on a particular need or circumstance. new text end 4.23     new text begin (d) Each district and school under this subdivision must submit an electronic copy of new text end 4.24 new text begin its prohibited conduct policy to the commissioner. new text end 4.25     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 4.26 new text begin under this section must, at a minimum: new text end 4.27 new text begin (1) designate a staff member as the primary contact person in the school building new text end 4.28 new text begin to receive reports of prohibited conduct under clause (3), ensure the policy and its new text end 4.29 new text begin procedures including restorative practices, consequences, and sanctions are fairly and new text end 4.30 new text begin fully implemented, and serve as the primary contact on policy and procedural matters new text end 4.31 new text begin implicating both the district or school and the department; new text end 4.32 new text begin (2) require school employees who witness prohibited conduct or possess reliable new text end 4.33 new text begin information that would lead a reasonable person to suspect that a student is a target of new text end 4.34 new text begin prohibited conduct to make reasonable efforts to address and resolve the prohibited conduct; new text end 5.1 new text begin (3) provide a procedure to begin to investigate reports of prohibited conduct within new text end 5.2 new text begin three school days of the report, and make the primary contact person responsible for the new text end 5.3 new text begin investigation and any resulting record and for keeping and regulating access to any record; new text end 5.4 new text begin (4) indicate how a school will respond to an identified incident of prohibited new text end 5.5 new text begin conduct, including immediately intervening to protect the target of the prohibited new text end 5.6 new text begin conduct; at the school administrator's discretion and consistent with state and federal new text end 5.7 new text begin data practices law governing access to data, including section 13.02, subdivision 8, a new text end 5.8 new text begin presumption that a district or school official will notify the parent of the reported target new text end 5.9 new text begin of the prohibited conduct and the parent of the actor engaged in the prohibited conduct; new text end 5.10 new text begin providing other remedial responses to the prohibited conduct; and ensuring that remedial new text end 5.11 new text begin responses are tailored to the particular incident and nature of the conduct and the student's new text end 5.12 new text begin developmental age and behavioral history; new text end 5.13 new text begin (5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports new text end 5.14 new text begin prohibited conduct or provides information about such conduct and establish appropriate new text end 5.15 new text begin consequences for a person who engages in reprisal or retaliation; new text end 5.16 new text begin (6) allow anonymous reporting but do not rely solely on an anonymous report to new text end 5.17 new text begin determine discipline; new text end 5.18 new text begin (7) provide information about available community resources to the target, actor, new text end 5.19 new text begin and other affected individuals, as appropriate; new text end 5.20 new text begin (8) where appropriate for a child with a disability to prevent or respond to prohibited new text end 5.21 new text begin conduct, allow the child's individualized education program or section 504 plan to address new text end 5.22 new text begin the skills and proficiencies the child needs to respond to or not engage in prohibited conduct; new text end 5.23 new text begin (9) use new employee training materials, the school publication on school rules, new text end 5.24 new text begin procedures, and standards of conduct, and the student handbook on school policies new text end 5.25 new text begin to publicize the policy; new text end 5.26 new text begin (10) require ongoing professional development, consistent with section 122A.60, to new text end 5.27 new text begin build the skills of all school personnel who regularly interact with students, including, but new text end 5.28 new text begin not limited to, educators, administrators, school counselors, social workers, psychologists, new text end 5.29 new text begin other school mental health professionals, school nurses, cafeteria workers, custodians, new text end 5.30 new text begin bus drivers, athletic coaches, extracurricular activities advisors, and paraprofessionals to new text end 5.31 new text begin identify, prevent, and appropriately address prohibited conduct. new text end 5.32 new text begin (b) Professional development under a local policy includes, but is not limited to, new text end 5.33 new text begin information about: new text end 5.34 new text begin (1) developmentally appropriate strategies both to prevent and to immediately and new text end 5.35 new text begin effectively intervene to stop prohibited conduct; new text end 6.1 new text begin (2) the complex dynamics affecting an actor, target, and witnesses to prohibited new text end 6.2 new text begin conduct; new text end 6.3 new text begin (3) research on prohibited conduct, including specific categories of students at risk new text end 6.4 new text begin for prohibited conduct in school; new text end 6.5 new text begin (4) the incidence and nature of cyberbullying; and new text end 6.6 new text begin (5) Internet safety and cyberbullying. new text end 6.7     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 6.8 new text begin are encouraged to provide developmentally appropriate programmatic instruction new text end 6.9 new text begin to help students identify, prevent, and reduce prohibited conduct; value diversity in new text end 6.10 new text begin school and society; develop and improve students' knowledge and skills for solving new text end 6.11 new text begin problems, managing conflict, engaging in civil discourse, and recognizing, responding new text end 6.12 new text begin to, and reporting prohibited conduct; and make effective prevention and intervention new text end 6.13 new text begin programs available to students. Upon request, the school climate center under section new text end 6.14 new text begin 127A.052 must assist a district or school in helping students understand social media new text end 6.15 new text begin and cyberbullying. Districts and schools must establish strategies for creating a positive new text end 6.16 new text begin school climate and use evidence-based social-emotional learning to prevent and reduce new text end 6.17 new text begin discrimination and other improper conduct. new text end 6.18 new text begin (b) Districts and schools are encouraged to: new text end 6.19 new text begin (1) engage all students in creating a safe and supportive school environment; new text end 6.20 new text begin (2) partner with parents and other community members to develop and implement new text end 6.21 new text begin prevention and intervention programs; new text end 6.22 new text begin (3) engage all students and adults in integrating education, intervention, and other new text end 6.23 new text begin remedial responses into the school environment; new text end 6.24 new text begin (4) train student bystanders to intervene in and report incidents of prohibited conduct new text end 6.25 new text begin to the school's primary contact person; new text end 6.26 new text begin (5) teach students to advocate for themselves and others; new text end 6.27 new text begin (6) prevent inappropriate referrals to special education of students who may engage new text end 6.28 new text begin in prohibited conduct; and new text end 6.29 new text begin (7) foster student collaborations that foster a safe and supportive school climate. new text end 6.30     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 6.31 new text begin commissioner of human rights, shall develop and maintain a state model policy. A district new text end 6.32 new text begin or school that does not adopt and implement a local policy under subdivisions 3 to 5 new text end 6.33 new text begin must implement and may supplement the provisions of the state model policy. The new text end 6.34 new text begin commissioner must assist districts and schools under this subdivision to implement the new text end 6.35 new text begin state policy. The state model policy must: new text end 6.36 new text begin (1) define prohibited conduct, consistent with this section; new text end 7.1 new text begin (2) apply the prohibited conduct policy components in this section; new text end 7.2 new text begin (3) for a child with a disability, whenever an evaluation by an individualized new text end 7.3 new text begin education program team or a section 504 team indicates that the child's disability affects new text end 7.4 new text begin the child's social skills development or the child is vulnerable to prohibited conduct new text end 7.5 new text begin because of the child's disability, the child's individualized education program or section new text end 7.6 new text begin 504 plan may address the skills and proficiencies the child needs to not engage in and new text end 7.7 new text begin respond to such conduct; and new text end 7.8 new text begin (4) encourage violence prevention and character development education programs new text end 7.9 new text begin under section 120B.232, subdivision 1. new text end 7.10 new text begin (b) The commissioner shall develop and post departmental procedures for: new text end 7.11 new text begin (1) periodically reviewing district and school programs and policies for compliance new text end 7.12 new text begin with this section; new text end 7.13 new text begin (2) investigating, reporting, and responding to noncompliance with this section, new text end 7.14 new text begin which may include an annual review of plans to improve and provide a safe and supportive new text end 7.15 new text begin school climate; and new text end 7.16 new text begin (3) allowing students, parents, and educators to file a complaint about noncompliance new text end 7.17 new text begin with the commissioner. new text end 7.18     new text begin (c) The commissioner must post on the department's Web site information indicating new text end 7.19 new text begin that when districts and schools allow noncurriculum-related student groups access to new text end 7.20 new text begin school facilities, the district or school must give all student groups equal access to the new text end 7.21 new text begin school facilities regardless of the content of the group members' speech. new text end 7.22     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 7.23 new text begin (1) establish any private right of action; new text end 7.24 new text begin (2) limit rights currently available to an individual under other civil or criminal law, new text end 7.25 new text begin including, but not limited to, chapter 363A; or new text end 7.26 new text begin (3) interfere with a person's rights of religious expression and free speech and new text end 7.27 new text begin expression under the First Amendment of the Unites States Constitution. new text end 7.28 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 7.29 new text begin later. new text end 7.30    Sec. 3. new text begin [121A.0311] NOTICE OF THE RIGHTS AND RESPONSIBILITIES new text end 7.31 new text begin OF STUDENTS AND PARENTS UNDER THE SAFE AND SUPPORTIVE new text end 7.32 new text begin MINNESOTA SCHOOLS ACT. new text end 7.33 new text begin A district or school subject to section 121A.031 must include in the student new text end 7.34 new text begin discipline policy it distributes or otherwise transmits to students and their parents annually new text end 8.1 new text begin at the beginning of each school year notice about the rights and responsibilities of students new text end 8.2 new text begin and their parents under the Safe and Supportive Minnesota Schools Act. new text end 8.3 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 8.4 new text begin later. new text end 8.5    Sec. 4. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 8, is 8.6amended to read: 8.7    Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all 8.8federal, state, and local health and safety requirements applicable to school districts. 8.9    (b) A school must comply with statewide accountability requirements governing 8.10standards and assessments in chapter 120B. 8.11    (c) A school authorized by a school board may be located in any district, unless the 8.12school board of the district of the proposed location disapproves by written resolution. 8.13    (d) A charter school must be nonsectarian in its programs, admission policies, 8.14employment practices, and all other operations. An authorizer may not authorize a charter 8.15school or program that is affiliated with a nonpublic sectarian school or a religious 8.16institution. A charter school student must be released for religious instruction, consistent 8.17with section 120A.22, subdivision 12, clause (3). 8.18    (e) Charter schools must not be used as a method of providing education or 8.19generating revenue for students who are being home-schooled. This paragraph does not 8.20apply to shared time aid under section 126C.19. 8.21    (f) The primary focus of a charter school must be to provide a comprehensive 8.22program of instruction for at least one grade or age group from five through 18 years 8.23of age. Instruction may be provided to people younger than five years and older than 8.2418 years of age. 8.25    (g) A charter school may not charge tuition. 8.26    (h) A charter school is subject to and must comply with chapter 363A and section 8.27121A.04 . 8.28    (i) A charter school is subject to and must comply with the Pupil Fair Dismissal 8.29Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 8.30123B.34 to 123B.39. 8.31    (j) A charter school is subject to the same financial audits, audit procedures, and 8.32audit requirements as a district, except as required under subdivision 6a. Audits must be 8.33conducted in compliance with generally accepted governmental auditing standards, the 8.34federal Single Audit Act, if applicable, and section 6.65. A charter school is subject 8.35to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04; 9.1118A.05 ; 118A.06; 471.38; 471.391; 471.392; and 471.425. The audit must comply with 9.2the requirements of sections 123B.75 to 123B.83, except to the extent deviations are 9.3necessary because of the program at the school. Deviations must be approved by the 9.4commissioner and authorizer. The Department of Education, state auditor, legislative 9.5auditor, or authorizer may conduct financial, program, or compliance audits. A charter 9.6school determined to be in statutory operating debt under sections 123B.81 to 123B.83 9.7must submit a plan under section 123B.81, subdivision 4. 9.8    (k) A charter school is a district for the purposes of tort liability under chapter 466. 9.9    (l) A charter school must comply with chapters 13 and 13D; and sections 120A.22, 9.10subdivision 7 ; 121A.75; and 260B.171, subdivisions 3 and 5. 9.11    (m) A charter school is subject to the Pledge of Allegiance requirement under 9.12section 121A.11, subdivision 3. 9.13    (n) A charter school offering online courses or programs must comply with section 9.14124D.095 . 9.15    (o) A charter school and charter school board of directors are subject to chapter 181. 9.16    (p) A charter school must comply with section 120A.22, subdivision 7, governing 9.17the transfer of students' educational records and sections 138.163 and 138.17 governing 9.18the management of local records. 9.19    (q) A charter school that provides early childhood health and developmental 9.20screening must comply with sections 121A.16 to 121A.19. 9.21    (r) A charter school that provides school-sponsored youth athletic activities must 9.22comply with section 121A.38. 9.23    (s) A charter school is subject to and must comply with continuing truant notification 9.24under section 260A.03. 9.25(t) A charter school must develop and implement a teacher evaluation and peer 9.26review process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (12). 9.27(u) A charter school must adopt a policy, plan, budget, and process, consistent with 9.28section 120B.11, to review curriculum, instruction, and student achievement and strive 9.29for the world's best workforce. 9.30 new text begin (v) A charter school must comply with section 121A.031 governing policies on new text end 9.31 new text begin prohibited conduct. new text end 9.32 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 9.33 new text begin later. new text end 9.34    Sec. 5. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read: 10.1    Subdivision 1. Program goals. The department, in consultation with the state 10.2curriculum advisory committee, must develop guidelines and model plans for parental 10.3involvement programs that will: 10.4(1) engage the interests and talents of parents or guardians in recognizing and 10.5meeting the emotional, intellectual, and physical needs of their school-age children; 10.6(2) promote healthy self-concepts among parents or guardians and other family 10.7members; 10.8(3) offer parents or guardians a chance to share and learn about educational skills, 10.9techniques, and ideas; 10.10(4) provide creative learning experiences for parents or guardians and their 10.11school-age children, including involvement from parents or guardians of color; 10.12(5) encourage parents to actively participate in their district's curriculum advisory 10.13committee under section 120B.11 in order to assist the school board in improving 10.14children's education programs; and 10.15(6) encourage parents to help in promoting school desegregation/integration new text begin ; and new text end 10.16 new text begin (7) partner with parents in establishing a positive school climate by developing new text end 10.17 new text begin and implementing prevention and intervention programs on prohibited conduct under new text end 10.18 new text begin section 121A.031 new text end . 10.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 10.20    Sec. 6. Minnesota Statutes 2012, section 124D.8955, is amended to read: 10.21124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY. 10.22    (a) In order to promote and support student achievement, a local school board is 10.23encouraged to formally adopt and implement a parent and family involvement policy that 10.24promotes and supports: 10.25    (1) communication between home and school that is regular, two-way, and 10.26meaningful; 10.27    (2) parenting skills; 10.28    (3) parents and caregivers who play an integral role in assisting student learning and 10.29learn about fostering students' academic success and learning at home and school; 10.30    (4) welcoming parents in the school and seeking their support and assistance; 10.31    (5) partnerships with parents in the decisions that affect children and families 10.32in the schools; and 10.33    (6) providing community resources to strengthen schools, families, and student 10.34learning new text begin , including establishing a safe and supportive school climate by developing and new text end 11.1 new text begin implementing prevention and intervention programs on prohibited conduct under section new text end 11.2 new text begin 121A.031 new text end . 11.3    (b) A school board that implements a parent and family involvement policy under 11.4paragraph (a) must convene an advisory committee composed of an equal number of 11.5resident parents who are not district employees and school staff to make recommendations 11.6to the board on developing and evaluating the board's parent and family involvement 11.7policy. If possible, the advisory committee must represent the diversity of the district. The 11.8advisory committee must consider the district's demographic diversity and barriers to 11.9parent involvement when developing its recommendations. new text begin The advisory committee must new text end 11.10 new text begin recommend to the school board and district or school how programs serving children and new text end 11.11 new text begin adolescents can collaborate on: new text end 11.12 new text begin (1) understanding child and adolescent development; new text end 11.13 new text begin (2) encouraging healthy communication between parents and children; new text end 11.14 new text begin (3) managing students' behavior through positive reinforcement; new text end 11.15 new text begin (4) establishing expectations for student behavior; new text end 11.16 new text begin (5) providing media and Internet limits and supervision; and new text end 11.17 new text begin (6) promoting resilience and reducing risks for children. new text end 11.18The advisory committee must present its recommendations to the board for board 11.19consideration. 11.20    (c) The board must consider best practices when implementing this policy. 11.21    (d) The board periodically must review this policy to determine whether it is aligned 11.22with the most current research findings on parent involvement policies and practices and 11.23how effective the policy is in supporting increased student achievement. 11.24    (e) Nothing in this section obligates a school district to exceed any parent or family 11.25involvement requirement under federal law. 11.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 11.27    Sec. 7. new text begin [127A.051] SCHOOL CLIMATE COUNCIL. new text end 11.28     new text begin Subdivision 1. new text end new text begin Establishment and membership; terms. new text end new text begin (a) A 23-member new text end 11.29 new text begin multiagency leadership council is established to improve school climate and school new text end 11.30 new text begin safety so that all Minnesota students in prekindergarten through grade 12 schools and new text end 11.31 new text begin higher education institutions have a safe and supportive learning environment in order to new text end 11.32 new text begin maximize each student's learning potential. new text end 11.33 new text begin (b) The council shall consist of: new text end 12.1 new text begin (1) the commissioners or their designees from the Departments of Education, new text end 12.2 new text begin Health, Human Rights, Human Services, Public Safety, and Corrections, and the Office of new text end 12.3 new text begin Higher Education; new text end 12.4 new text begin (2) one representative each from the Minnesota Association of School new text end 12.5 new text begin Administrators, Minnesota School Boards Association, Elementary School Principals new text end 12.6 new text begin Association, Association of Secondary School Principals, and Education Minnesota as new text end 12.7 new text begin selected by each organization; new text end 12.8 new text begin (3) two representatives each of student support personnel, parents, and students as new text end 12.9 new text begin selected by the commissioner of education; new text end 12.10 new text begin (4) two representatives of local law enforcement as selected by the commissioner of new text end 12.11 new text begin public safety; new text end 12.12 new text begin (5) two representatives of the judicial branch as selected by the chief justice of new text end 12.13 new text begin the Supreme Court; and new text end 12.14 new text begin (6) one charter school representative selected by the Minnesota Association of new text end 12.15 new text begin Charter Schools. new text end 12.16 new text begin (c) A member serves at the pleasure of their appointing authority and continues new text end 12.17 new text begin to serve until their successor is appointed. new text end 12.18     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 12.19 new text begin (1) establishment of norms and standards for prevention, intervention, and support new text end 12.20 new text begin around issues of prohibited conduct; new text end 12.21 new text begin (2) advancement of evidence-based policy and best practices to improve school new text end 12.22 new text begin climate and promote school safety; new text end 12.23 new text begin (3) development and dissemination of resources and training for schools and new text end 12.24 new text begin communities about issues of prohibited conduct under section 121A.031, and other school new text end 12.25 new text begin safety-related issues; and new text end 12.26 new text begin (4) develop policies and procedures for the services provided by the school climate new text end 12.27 new text begin center under section 127A.052. new text end 12.28     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 12.29 new text begin meeting of the council by October 1, 2014, and must serve as chair. The council must meet new text end 12.30 new text begin at least one time per year. The council does not need a quorum to conduct its meetings. new text end 12.31     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 12.32 new text begin reimbursement for expenses related to council activities. new text end 12.33     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 12.34 new text begin Safety must provide technical assistance to council members upon request. The council, new text end 12.35 new text begin upon request, must consult with the school climate center and the school safety center. new text end 13.1     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 13.2 new text begin to the commissioner of education. The Department of Education must post the council's new text end 13.3 new text begin meeting notices and other relevant information regarding its duties on the agency's Web site. new text end 13.4     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 13.5    Sec. 8. new text begin [127A.052] SCHOOL CLIMATE CENTER. new text end 13.6 new text begin (a) The commissioner shall establish a school climate center at the department to new text end 13.7 new text begin help districts and schools under section 121A.031 provide a safe and supportive learning new text end 13.8 new text begin environment and foster academic achievement for all students by focusing on prevention, new text end 13.9 new text begin intervention, support, and recovery efforts to develop and maintain safe and supportive new text end 13.10 new text begin schools. The center must work collaboratively with implicated state agencies identified new text end 13.11 new text begin by the center and schools, communities, and interested individuals and organizations to new text end 13.12 new text begin determine how to best use available resources. new text end 13.13 new text begin (b) The center's services shall include: new text end 13.14 new text begin (1) evidence-based policy review, development, and dissemination; new text end 13.15 new text begin (2) single, point-of-contact services designed for schools, parents, and students new text end 13.16 new text begin seeking information or other help; new text end 13.17 new text begin (3) qualitative and quantitative data gathering, interpretation, and dissemination of new text end 13.18 new text begin summary data for existing reporting systems and student surveys and the identification new text end 13.19 new text begin and pursuit of emerging trends and issues; new text end 13.20 new text begin (4) assistance to districts and schools in using Minnesota student survey results to new text end 13.21 new text begin inform intervention and prevention programs; new text end 13.22 new text begin (5) education and skill building; new text end 13.23 new text begin (6) multisector and multiagency planning and advisory activities incorporating new text end 13.24 new text begin best practices and research; and new text end 13.25 new text begin (7) administrative and financial support for school and district planning, schools new text end 13.26 new text begin recovering from incidents of violence, and school and district violence prevention new text end 13.27 new text begin education. new text end 13.28 new text begin (c) The center shall: new text end 13.29 new text begin (1) compile and make available to all districts and schools evidence-based elements new text end 13.30 new text begin and resources to develop and maintain safe and supportive schools; new text end 13.31 new text begin (2) establish and maintain a central repository for collecting and analyzing new text end 13.32 new text begin information about prohibited conduct under section 121A.031, including, but not limited to: new text end 13.33 new text begin (i) training materials on strategies and techniques to prevent and appropriately new text end 13.34 new text begin address prohibited conduct under section 121A.031; new text end 13.35 new text begin (ii) model programming; new text end 14.1 new text begin (iii) remedial responses consistent with section 121A.031, subdivision 2, paragraph new text end 14.2 new text begin (i); and new text end 14.3 new text begin (iv) other resources for improving the school climate and preventing prohibited new text end 14.4 new text begin conduct under section 121A.031; new text end 14.5 new text begin (3) assist districts and schools to develop strategies and techniques for effectively new text end 14.6 new text begin communicating with and engaging parents in efforts to protect and deter students from new text end 14.7 new text begin prohibited conduct under section 121A.031; and new text end 14.8 new text begin (4) solicit input from social media experts on implementing this section. new text end 14.9 new text begin (d) The commissioner shall provide administrative services including personnel, new text end 14.10 new text begin budget, payroll and contract services, and staff support for center activities including new text end 14.11 new text begin developing and disseminating materials, providing seminars, and developing and new text end 14.12 new text begin maintaining a Web site. Center staff shall include a center director, a data analyst new text end 14.13 new text begin coordinator, and trainers who provide training to affected state and local organizations new text end 14.14 new text begin under a fee-for-service agreement. The financial, administrative, and staff support the new text end 14.15 new text begin commissioner provides under this section must be based on an annual budget and work new text end 14.16 new text begin program developed by the center and submitted to the commissioner by the center director. new text end 14.17 new text begin (e) School climate center staff may consult with school safety center staff at the new text end 14.18 new text begin Department of Public Safety in providing services under this section. new text end 14.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective beginning July 1, 2014. new text end 14.20    Sec. 9. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read: 14.21    Subd. 2. Violations of law. The commissioner may reduce or withhold the district's 14.22state aid for any school year whenever the board of the district authorizes or permits 14.23violations of law within the district by: 14.24(1) employing a teacher who does not hold a valid teaching license or permit in a 14.25public school; 14.26(2) noncompliance with a mandatory rule of general application promulgated by the 14.27commissioner in accordance with statute, unless special circumstances make enforcement 14.28inequitable, impose an extraordinary hardship on the district, or the rule is contrary to 14.29the district's best interests; 14.30(3) the district's continued performance of a contract made for the rental of rooms 14.31or buildings for school purposes or for the rental of any facility owned or operated by or 14.32under the direction of any private organization, if the contract has been disapproved, the 14.33time for review of the determination of disapproval has expired, and no proceeding for 14.34review is pending; 15.1(4) any practice which is a violation of sections 1 and 2 of article 13 of the 15.2Constitution of the state of Minnesota; 15.3(5) failure to reasonably provide for a resident pupil's school attendance under 15.4Minnesota Statutes; 15.5(6) noncompliance with state laws prohibiting discrimination because of race, color, 15.6creed, religion, national origin, sex, new text begin sexual orientation, including gender identity and new text end 15.7 new text begin expression, new text end age, marital status, status with regard to public assistance or new text begin , new text end disability, as 15.8defined in sections 363A.08 to 363A.19 and 363A.28, subdivision 10 new text begin , or noncompliance new text end 15.9 new text begin with prohibited conduct under section 121A.031 new text end ; or 15.10(7) using funds contrary to the statutory purpose of the funds. 15.11The reduction or withholding must be made in the amount and upon the procedure 15.12provided in this section, or, in the case of the violation stated in clause (1), upon the 15.13procedure provided in section 127A.43. 15.14 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 15.15 new text begin later. new text end 15.16    Sec. 10. new text begin REPEALER. new text end 15.17 new text begin Minnesota Statutes 2012, section 121A.0695, new text end new text begin is repealed effective July 1, 2014. new text end