1.1 	A bill for an act
1.2 	relating to education; providing for safe and supportive schools by prohibiting 
1.3 	bullying; authorizing rulemaking;amending Minnesota Statutes 2012, sections 
1.4 	120B.36, subdivision 1, as amended; 121A.55; 122A.60, subdivisions 1a, 3; 
1.5 	124D.10, subdivision 8, as amended; 124D.895, subdivision 1; 124D.8955; 
1.6 	125B.15; 127A.42, subdivision 2; proposing coding for new law in Minnesota 
1.7 	Statutes, chapters 121A; 127A; repealing Minnesota Statutes 2012, sections 
1.8 	121A.03; 121A.0695.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. LEGISLATIVE PURPOSE AND INTENT.
 1.11 	Bullying by a student against another student is a significant problem in our schools. 
1.12 	Such conduct cannot only adversely impact the educational opportunities of another 
1.13 	student or students, but it may also substantially disrupt the orderly functioning of a 
1.14 	school. Schools have a responsibility to try to prevent such adverse consequences and 
1.15 	disruptions for the benefit of all students.
1.16 	Consistent with United States Supreme Court precedent, under this Act, which may 
1.17 	be cited as the "Safe and Supportive Minnesota Schools Act," bullying involves plainly 
1.18 	offensive conduct that improperly interferes with the rights of other students and the work 
1.19 	or discipline of the school. Bullying may occur on school premises or school buses, at 
1.20 	school events or functions, or by use of technology. This legislation is intended to prevent 
1.21 	bullying by a student to facilitate a safe and conducive educational environment for all 
1.22 	students, ameliorate the effects of bullying and teach students the boundaries of socially 
1.23 	appropriate behavior.

2.1 	Sec. 2. Minnesota Statutes 2012, section 120B.36, subdivision 1, as amended by 
2.2 	Laws 2013, chapter 116, article 2, section 16, and Laws 2013, chapter 144, section 8, 
2.3 	is amended to read:
2.4 		Subdivision 1.School performance reports. (a) The commissioner shall report 
2.5 	student academic performance under section 120B.35, subdivision 2; the percentages of 
2.6 	students showing low, medium, and high growth under section 120B.35, subdivision 
2.7 	3, paragraph (b); school safety and student engagement and connection under section 
2.8 	120B.35, subdivision 3, paragraph (d); rigorous coursework under section 120B.35, 
2.9 	subdivision 3, paragraph (c); the percentage of students under section 120B.35, 
2.10 	subdivision 3, paragraph (b), clause (2), whose progress and performance levels are 
2.11 	meeting career and college readiness benchmarks under sections 120B.30, subdivision 1, 
2.12 	and 120B.35, subdivision 3, paragraph (e); longitudinal data on the progress of eligible 
2.13 	districts in reducing disparities in students' academic achievement and realizing racial and 
2.14 	economic integration under section 124D.861; two separate student-to-teacher ratios that 
2.15 	clearly indicate the definition of teacher consistent with sections 122A.06 and 122A.15 
2.16 	for purposes of determining these ratios; staff characteristics excluding salaries; student 
2.17 	enrollment demographics; district mobility; summary data on incidents of prohibited 
2.18 	conduct and remedial responses to the incidents under section 121A.031, subdivision 4, 
2.19 	paragraph (a), clause (10); and extracurricular activities. The report also must indicate a 
2.20 	school's adequate yearly progress status under applicable federal law, and must not set any 
2.21 	designations applicable to high- and low-performing schools due solely to adequate yearly 
2.22 	progress status. The commissioner must use the summary data on prohibited conduct 
2.23 	reported under section 121A.031, subdivision 4, paragraph (a), clause (10), to inform 
2.24 	the work of the school climate center under section 127A.052 and to assist districts and 
2.25 	schools in improving the educational outcomes of all students and specific categories of 
2.26 	students affected by such prohibited conduct.
2.27 	(b) The commissioner shall develop, annually update, and post on the department 
2.28 	Web site school performance reports.
2.29 	(c) The commissioner must make available performance reports by the beginning 
2.30 	of each school year.
2.31 	(d) A school or district may appeal its adequate yearly progress status in writing to 
2.32 	the commissioner within 30 days of receiving the notice of its status. The commissioner's 
2.33 	decision to uphold or deny an appeal is final.
2.34 	(e) School performance data are nonpublic data under section 13.02, subdivision 9, 
2.35 	until the commissioner publicly releases the data. The commissioner shall annually post 
2.36 	school performance reports to the department's public Web site no later than September 1, 
3.1 	except that in years when the reports reflect new performance standards, the commissioner 
3.2 	shall post the school performance reports no later than October 1.

3.3 	EFFECTIVE DATE. This section is effective for the 2015-2016 school year and 
3.4 	later.

3.5 	Sec. 3. [121A.031] SCHOOL STUDENT BULLYING POLICY.
3.6 		Subdivision 1.Student bullying policy; scope and application. (a) This section 
3.7 	applies to bullying by a student against another student attending or enrolled in the same 
3.8 	school which occurs:
3.9 	(1) on the school premises, at the school functions or activities, or on the school 
3.10 	transportation;
3.11 	(2) by use of electronic technology and communications on the school premises, 
3.12 	during the school functions or activities, on the school transportation, or on the school 
3.13 	computers, networks, forums, and mailing lists; or
3.14 	(3) by use of electronic technology and communications off the school premises 
3.15 	to the extent such use is reasonably foreseeable to substantially and materially disrupt 
3.16 	student learning or the school environment.
3.17 	(b) "District" under this section means a district as defined in section 120A.05, 
3.18 	subdivision 8. "School" under this section means a public school as defined in section 
3.19 	120A.05, subdivisions 9, 11, 13, and 17, and a charter school formed under section 
3.20 	124D.10. "Student" under this section means a person enrolled in and attending a school 
3.21 	as defined under this paragraph.
3.22 	(c) A nonpublic school under section 123B.41, subdivision 9, consistent with its 
3.23 	school accreditation cycle, is encouraged to electronically transmit to the commissioner its 
3.24 	antibullying policy, if any, and any summary data on its bullying incidents.
3.25 	(d) This section does not apply to a home school under sections 120A.22, 
3.26 	subdivision 4, and 120A.24.
3.27 		Subd. 2.Local district and school policy. (a) Districts and schools, in consultation 
3.28 	with students, parents, and community organizations, shall adopt, implement, and annually 
3.29 	review, and revise where appropriate, a written policy to prevent and prohibit student 
3.30 	bullying consistent with this section. The policy must conform with sections 121A.41 to 
3.31 	121A.56. A district or school must adopt and implement a local policy under subdivisions 
3.32 	2 to 5 or comply with the provisions of the state model policy in subdivision 6.
3.33 	(b) Each local district and school policy must establish research-based, 
3.34 	developmentally appropriate best practices that include preventive and remedial measures 
3.35 	and effective discipline for deterring policy violations; apply throughout the school or 
4.1 	district; and foster active student, parent, and community participation. A district or 
4.2 	school may request assistance from the school climate center under section 127A.052 in 
4.3 	complying with local policy requirements. The policy shall:
4.4 	(1) apply to all students, school personnel, and volunteers;
4.5 	(2) specifically list the characteristics contained in subdivision 3, paragraph (d);
4.6 	(3) emphasize remedial responses over punitive measures;
4.7 	(4) be conspicuously posted throughout the school building;
4.8 	(5) be given to each school employee and independent contractor, if a contractor 
4.9 	regularly interacts with students, at the time of employment with the district or school;
4.10 	(6) be included in the student handbook on school policies; and
4.11 	(7) be available to all parents and other school community members in accessible 
4.12 	languages and format on the district or school Web site.
4.13 	(c) Each district and school under this subdivision must discuss its policy with 
4.14 	students, school personnel, and volunteers and provide training for all school personnel 
4.15 	and volunteers to prevent, identify, and appropriately respond to prohibited conduct. 
4.16 	Districts and schools must establish a training cycle, not to exceed a period of three 
4.17 	school years, for school personnel and volunteers under this paragraph. Newly employed 
4.18 	school personnel and new volunteers must receive the training within the first year of 
4.19 	their employment with or volunteer service to the district or school. A district or school 
4.20 	administrator may accelerate the training cycle or provide additional training based on a 
4.21 	particular need or circumstance.
4.22 	(d) Each district and school under this subdivision must submit an electronic copy of 
4.23 	its prohibited conduct policy to the commissioner.
4.24 		Subd. 3.Definitions. (a) The terms defined in this subdivision have the meanings 
4.25 	given them for purposes of this section.
4.26 	(b) "Bullying" means intimidating, threatening, abusive, or harassing conduct that is 
4.27 	objectively offensive and:
4.28 	(1) causes physical harm to a student or a student's property or causes a student to be 
4.29 	in reasonable fear of harm to person or property;
4.30 	(2) materially and substantially interferes with a student's educational opportunities 
4.31 	or performance or ability to participate in the school functions or activities or receive 
4.32 	the school benefits, services, or privileges;
4.33 	(3) under Minnesota common law, violates a student's reasonable expectation 
4.34 	of privacy, defames a student, or constitutes intentional infliction of emotional distress 
4.35 	against a student; or
4.36 	(4) materially and substantially disrupts the work and discipline of the school.
5.1 	(c) "Cyberbullying" means bullying using technology or other electronic 
5.2 	communication, including, but not limited to, a transfer of a sign, signal, writing, image, 
5.3 	sound, or data, including a post on a social network Internet Web site or forum, transmitted 
5.4 	through a computer, cell phone, or other electronic device.
5.5 	(d) Intimidating, threatening, abusive, or harassing conduct may involve, but is not 
5.6 	limited to, conduct that is directed at a student or students based on a person's actual or 
5.7 	perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex, 
5.8 	age, marital status, familial status, socioeconomic status, physical appearance, sexual 
5.9 	orientation, gender identity and expression, academic status, disability, or status with 
5.10 	regard to public assistance, age, or any additional characteristic defined in chapter 363A. 
5.11 	However, prohibited conduct need not be based on any particular characteristic defined in 
5.12 	this paragraph or chapter 363A.
5.13 	(e) "Prohibited conduct" means bullying or cyberbullying as defined under this 
5.14 	subdivision or retaliation for asserting, alleging, reporting, or providing information about 
5.15 	such conduct.
5.16 	(f) "Remedial response" means a measure to stop and correct prohibited conduct, 
5.17 	prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of 
5.18 	the student who is the target of the prohibited conduct. Districts and schools may seek the 
5.19 	assistance of the school climate center under section 127A.052 to develop and implement 
5.20 	remedial responses on behalf of a student who is the target of prohibited conduct, to 
5.21 	stop and correct a student engaging in prohibited conduct, and for use with students and 
5.22 	adults in the school community. Districts and schools need not report the use of remedial 
5.23 	responses when their use is unrelated to any particular incident of prohibited conduct.
5.24 		Subd. 4.Local policy components. (a) Each district and school policy implemented 
5.25 	under this section must, at a minimum:
5.26 	(1) designate a staff member as the primary contact person in the school building 
5.27 	to receive reports of prohibited conduct under clause (3), ensure the policy and its 
5.28 	procedures including restorative practices, consequences, and sanctions are fairly and 
5.29 	fully implemented, and serve as the primary contact on policy and procedural matters 
5.30 	implicating both the district or school and the department;
5.31 	(2) require school employees and trained volunteers who witness prohibited conduct 
5.32 	or possess reliable information that would lead a reasonable person to suspect that a 
5.33 	student is a target of prohibited conduct to make reasonable efforts to address and resolve 
5.34 	the prohibited conduct;
6.1 	(3) provide a procedure to promptly investigate reports of prohibited conduct within 
6.2 	three school days of the report, and make the primary contact person responsible for the 
6.3 	investigation and any resulting record and for keeping and regulating access to any record;
6.4 	(4) indicate how a school will respond to an identified incident of prohibited 
6.5 	conduct, including immediately intervening to protect the target of the prohibited conduct; 
6.6 	at the school administrator's discretion and consistent with state and federal data practices 
6.7 	law governing access to data, notifying the parent of the reported target of the prohibited 
6.8 	conduct and the parent of the actor engaged in the prohibited conduct, or law enforcement 
6.9 	officials or officials of a park and recreation public agency that has adopted a policy 
6.10 	substantially similar to the requirements of section 121A.031 and provides training to 
6.11 	those who have regular contact with youth patrons and personnel who have access to 
6.12 	private data on youth patrons; providing other remedial responses to the prohibited 
6.13 	conduct; and ensuring that remedial responses are tailored to the particular incident and 
6.14 	nature of the conduct and the student's developmental age and behavioral history;
6.15 	(5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports 
6.16 	prohibited conduct or provides information about such conduct and establish appropriate 
6.17 	consequences for a person who engages in reprisal or retaliation;
6.18 	(6) allow anonymous reporting but do not rely solely on an anonymous report to 
6.19 	determine discipline;
6.20 	(7) provide information about available community resources to the target, actor, 
6.21 	and other affected individuals, as appropriate;
6.22 	(8) where appropriate for a child with a disability to prevent or respond to prohibited 
6.23 	conduct, require the child's individualized education program or section 504 plan to 
6.24 	address the skills and proficiencies the child needs to respond to or not engage in 
6.25 	prohibited conduct;
6.26 	(9) use new employee training materials, the school publication on school rules, 
6.27 	procedures, and standards of conduct, and the student handbook on school policies 
6.28 	to publicize the policy;
6.29 	(10) require annual reporting, collection, and analysis of summary data on incidents 
6.30 	of prohibited conduct and on remedial responses both to students and throughout the 
6.31 	school; and
6.32 	(11) require ongoing professional development, consistent with section 122A.60, 
6.33 	to build the skills of all school personnel and volunteers, including, but not limited to, 
6.34 	educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, 
6.35 	athletic coaches, extracurricular activities advisors, volunteers, and paraprofessionals to 
6.36 	identify, prevent, and appropriately address prohibited conduct.
7.1 	(b) Professional development under a local policy includes, but is not limited to, 
7.2 	information about:
7.3 	(1) developmentally appropriate strategies both to prevent and to immediately and 
7.4 	effectively intervene to stop prohibited conduct;
7.5 	(2) the complex dynamics affecting an actor, target, and witnesses to prohibited 
7.6 	conduct;
7.7 	(3) research on prohibited conduct, including specific categories of students at risk 
7.8 	for prohibited conduct in school;
7.9 	(4) the incidence and nature of cyberbullying; and
7.10 	(5) Internet safety and cyberbullying.
7.11 		Subd. 5.Safe and supportive schools programming. (a) Districts and schools 
7.12 	are encouraged to provide developmentally appropriate programmatic instruction 
7.13 	to help students identify, prevent, and reduce prohibited conduct; value diversity in 
7.14 	school and society; develop and improve students' knowledge and skills for solving 
7.15 	problems, managing conflict, engaging in civil discourse, and recognizing, responding 
7.16 	to, and reporting prohibited conduct; and make effective prevention and intervention 
7.17 	programs available to students. Upon request, the school climate center under section 
7.18 	127A.052 must assist a district or school in helping students understand social media 
7.19 	and cyberbullying. Districts and schools must establish strategies for creating a positive 
7.20 	school climate and use evidence-based social-emotional learning to prevent and reduce 
7.21 	discrimination and other improper conduct.
7.22 	(b) Districts and schools are encouraged to:
7.23 	(1) engage all students in creating a safe and supportive school environment;
7.24 	(2) partner with parents and other community members to develop and implement 
7.25 	prevention and intervention programs;
7.26 	(3) engage all students and adults in integrating education, intervention, and other 
7.27 	remedial responses into the school environment;
7.28 	(4) train student bystanders to intervene in and report incidents of prohibited conduct 
7.29 	to the school's primary contact person;
7.30 	(5) teach students to advocate for themselves and others;
7.31 	(6) prevent inappropriate referrals to special education of students who may engage 
7.32 	in prohibited conduct; and
7.33 	(7) foster student collaborations that foster a safe and supportive school climate.
7.34 		Subd. 6.State model policy. (a) The commissioner, in consultation with the 
7.35 	commissioner of human rights, shall develop and maintain a state model policy. A district 
7.36 	or school that does not adopt and implement a local policy under subdivisions 2 to 5 
8.1 	must implement and may supplement the provisions of the state model policy. The 
8.2 	commissioner must assist districts and schools under this subdivision to implement the 
8.3 	state policy. The state model policy must:
8.4 	(1) define prohibited conduct, consistent with this section;
8.5 	(2) apply the prohibited conduct policy components in this section;
8.6 	(3) for a child with a disability, whenever an evaluation by an individualized 
8.7 	education program team or a section 504 team indicates that the child's disability affects 
8.8 	the child's social skills development or the child is vulnerable to prohibited conduct 
8.9 	because of the child's disability, the child's individualized education program or section 
8.10 	504 plan must address the skills and proficiencies the child needs to not engage in and 
8.11 	respond to such conduct; and
8.12 	(4) encourage violence prevention and character development education programs 
8.13 	under section 120B.232, subdivision 1.
8.14 	(b) The commissioner shall develop and post departmental procedures for:
8.15 	(1) periodically reviewing district and school programs and policies for compliance 
8.16 	with this section;
8.17 	(2) investigating, reporting, and responding to noncompliance with this section, 
8.18 	which may include an annual review of plans to improve and provide a safe and supportive 
8.19 	school climate;
8.20 	(3) allowing students, parents, and educators to file a complaint about noncompliance 
8.21 	with the commissioner; and
8.22 	(4) annually publishing statewide summary data on incidents of prohibited conduct, 
8.23 	consistent with section 120B.36, subdivision 1.
8.24 	(c) Department records under this subdivision are private data on individuals. An 
8.25 	individual subject of the data shall have access to the data except that the name of a 
8.26 	reporter is confidential.
8.27 	(d) The commissioner must post on the department's Web site information indicating 
8.28 	that when districts and schools allow noncurriculum-related student groups access to 
8.29 	school facilities, the district or school must give all student groups equal access to the 
8.30 	school facilities regardless of the content of the group members' speech.
8.31 		Subd. 7.Relation to existing law.  This section does not:
8.32 	(1) establish any private right of action;
8.33 	(2) limit rights currently available to an individual under other civil or criminal law, 
8.34 	including, but not limited to, chapter 363A; or
8.35 	(3) interfere with a person's rights of religious expression and free speech and 
8.36 	expression under the First Amendment of the Unites States Constitution.

9.1 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
9.2 	later.

9.3 	Sec. 4. Minnesota Statutes 2012, section 121A.55, is amended to read:
9.4 	121A.55 POLICIES TO BE ESTABLISHED.
9.5 	(a) The commissioner of education shall promulgate guidelines to assist each school 
9.6 	board. Each school board shall to establish uniform criteria for dismissal and adopt 
9.7 	written policies and rules to effectuate the purposes of sections 121A.031 and 121A.40 to 
9.8 	121A.56. The policies shall emphasize preventing dismissals through early detection of 
9.9 	problems and shall be designed to address prevent students' inappropriate behavior from 
9.10 	recurring. The policies shall recognize the continuing responsibility of the school for the 
9.11 	education of to educate the pupil during the dismissal period. The alternative educational 
9.12 	services, if the pupil wishes to take advantage of them, must be adequate to allow the 
9.13 	pupil to make progress towards meeting the graduation standards adopted under section 
9.14 	120B.02 and help prepare the pupil for readmission.
9.15 	(b) An area learning center under section 123A.05 may not prohibit an expelled or 
9.16 	excluded pupil from enrolling solely because a district expelled or excluded the pupil. The 
9.17 	board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to 
9.18 	exclude a pupil or to require an admission plan.
9.19 	(c) Each school district shall develop a policy and report it to the commissioner on 
9.20 	the appropriate use of peace officers and crisis teams to remove students who have an 
9.21 	individualized education program from school grounds.

9.22 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
9.23 	later.

9.24 	Sec. 5. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:
9.25 		Subd. 1a.Effective staff development activities. (a) Staff development activities 
9.26 	must:
9.27 	(1) focus on the school classroom and research-based strategies that improve student 
9.28 	learning;
9.29 	(2) provide opportunities for teachers to practice and improve their instructional 
9.30 	skills over time;
9.31 	(3) provide opportunities for teachers to use student data as part of their daily work 
9.32 	to increase student achievement;
10.1 	(4) enhance teacher content knowledge and instructional skills, including to 
10.2 	accommodate the delivery of digital and blended learning and curriculum and engage 
10.3 	students with technology;
10.4 	(5) align with state and local academic standards;
10.5 	(6) provide opportunities to build professional relationships, foster collaboration 
10.6 	among principals and staff who provide instruction, and provide opportunities for 
10.7 	teacher-to-teacher mentoring; and
10.8 	(7) align with the plan of the district or site for an alternative teacher professional 
10.9 	pay system.
10.10 	Staff development activities may include curriculum development and curriculum training 
10.11 	programs, and activities that provide teachers and other members of site-based teams 
10.12 	training to enhance team performance. The school district also may implement other 
10.13 	staff development activities required by law and activities associated with professional 
10.14 	teacher compensation models.
10.15 	(b) Release time provided for teachers to supervise students on field trips and school 
10.16 	activities, or independent tasks not associated with enhancing the teacher's knowledge 
10.17 	and instructional skills, such as preparing report cards, calculating grades, or organizing 
10.18 	classroom materials, may not be counted as staff development time that is financed with 
10.19 	staff development reserved revenue under section 122A.61.
10.20 	(c) Staff development activities also may include training for school counselors, 
10.21 	school nurses, social workers, psychologists, and other mental health professionals 
10.22 	to support students, teachers, and school administrators in implementing restorative 
10.23 	and reparative best practices to prevent and appropriately address prohibited conduct, 
10.24 	consistent with section 121A.031.

10.25 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
10.26 	later.

10.27 	Sec. 6. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:
10.28 		Subd. 3.Staff development outcomes. The advisory staff development committee 
10.29 	must adopt a staff development plan for improving student achievement. The plan must 
10.30 	be consistent with education outcomes that the school board determines. The plan 
10.31 	must include ongoing staff development activities that contribute toward continuous 
10.32 	improvement in achievement of the following goals:
10.33 	(1) improve student achievement of state and local education standards in all areas 
10.34 	of the curriculum by using best practices methods;
11.1 	(2) effectively meet the needs of a diverse student population, including at-risk 
11.2 	children, children with disabilities, and gifted children, within the regular classroom 
11.3 	and other settings;
11.4 	(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse 
11.5 	student population that is consistent with the state education diversity rule and the district's 
11.6 	education diversity plan;
11.7 	(4) improve staff collaboration and develop mentoring and peer coaching programs 
11.8 	for teachers new to the school or district;
11.9 	(5) effectively teach and model violence prevention policy and curriculum that 
11.10 	address early intervention alternatives, issues of harassment, train all school staff and 
11.11 	school volunteers who regularly interact with students in best practices to create and 
11.12 	maintain a safe and supportive learning environment, consistent with section 121A.031, 
11.13 	and teach nonviolent alternatives for conflict resolution, including restorative and 
11.14 	reparative processes;
11.15 	(6) effectively deliver digital and blended learning and curriculum and engage 
11.16 	students with technology; and
11.17 	(7) provide teachers and other members of site-based management teams with 
11.18 	appropriate management and financial management skills.

11.19 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
11.20 	later.

11.21 	Sec. 7. Minnesota Statutes 2012, section 124D.10, subdivision 8, as amended by Laws 
11.22 	2013, chapter 116, article 4, section 1, is amended to read:
11.23 		Subd. 8.Federal, state, and local requirements. (a) A charter school shall meet all 
11.24 	federal, state, and local health and safety requirements applicable to school districts.
11.25 	(b) A school must comply with statewide accountability requirements governing 
11.26 	standards and assessments in chapter 120B.
11.27 	(c) A school authorized by a school board may be located in any district, unless the 
11.28 	school board of the district of the proposed location disapproves by written resolution.
11.29 	(d) A charter school must be nonsectarian in its programs, admission policies, 
11.30 	employment practices, and all other operations. An authorizer may not authorize a charter 
11.31 	school or program that is affiliated with a nonpublic sectarian school or a religious 
11.32 	institution. A charter school student must be released for religious instruction, consistent 
11.33 	with section 120A.22, subdivision 12, clause (3).
12.1 	(e) Charter schools must not be used as a method of providing education or 
12.2 	generating revenue for students who are being home-schooled. This paragraph does not 
12.3 	apply to shared time aid under section 126C.19.
12.4 	(f) The primary focus of a charter school must be to provide a comprehensive 
12.5 	program of instruction for at least one grade or age group from five through 18 years 
12.6 	of age. Instruction may be provided to people younger than five years and older than 
12.7 	18 years of age.
12.8 	(g) A charter school may not charge tuition.
12.9 	(h) A charter school is subject to and must comply with chapter 363A and section 
12.10 	121A.04.
12.11 	(i) A charter school is subject to and must comply with the Pupil Fair Dismissal 
12.12 	Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 
12.13 	123B.34 to 123B.39.
12.14 	(j) A charter school is subject to the same financial audits, audit procedures, and 
12.15 	audit requirements as a district, except as required under subdivision 6a. Audits must be 
12.16 	conducted in compliance with generally accepted governmental auditing standards, the 
12.17 	federal Single Audit Act, if applicable, and section 6.65. A charter school is subject 
12.18 	to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04; 
12.19 	118A.05; 118A.06; 471.38; 471.391; 471.392; and 471.425. The audit must comply with 
12.20 	the requirements of sections 123B.75 to 123B.83, except to the extent deviations are 
12.21 	necessary because of the program at the school. Deviations must be approved by the 
12.22 	commissioner and authorizer. The Department of Education, state auditor, legislative 
12.23 	auditor, or authorizer may conduct financial, program, or compliance audits. A charter 
12.24 	school determined to be in statutory operating debt under sections 123B.81 to 123B.83
12.25 	must submit a plan under section 123B.81, subdivision 4.
12.26 	(k) A charter school is a district for the purposes of tort liability under chapter 466.
12.27 	(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22, 
12.28 	subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.
12.29 	(m) A charter school is subject to the Pledge of Allegiance requirement under 
12.30 	section 121A.11, subdivision 3.
12.31 	(n) A charter school offering online courses or programs must comply with section 
12.32 	124D.095.
12.33 	(o) A charter school and charter school board of directors are subject to chapter 181.
12.34 	(p) A charter school must comply with section 120A.22, subdivision 7, governing 
12.35 	the transfer of students' educational records and sections 138.163 and 138.17 governing 
12.36 	the management of local records.
13.1 	(q) A charter school that provides early childhood health and developmental 
13.2 	screening must comply with sections 121A.16 to 121A.19.
13.3 	(r) A charter school that provides school-sponsored youth athletic activities must 
13.4 	comply with section 121A.38.
13.5 	(s) A charter school is subject to and must comply with continuing truant notification 
13.6 	under section 260A.03.
13.7 	(t) A charter school must develop and implement a teacher evaluation and peer 
13.8 	review process, under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (12).
13.9 	(u) A charter school most adopt a policy, plan, budget, and process, consistent with 
13.10 	section 120B.11, to review curriculum, instruction, and student achievement and strive 
13.11 	for the world's best workforce.
13.12 	(v) A charter school must comply with section 121A.031 governing policies on 
13.13 	prohibited conduct.

13.14 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
13.15 	later.

13.16 	Sec. 8. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read:
13.17 		Subdivision 1.Program goals. The department, in consultation with the state 
13.18 	curriculum advisory committee, must develop guidelines and model plans for parental 
13.19 	involvement programs that will:
13.20 	(1) engage the interests and talents of parents or guardians in recognizing and 
13.21 	meeting the emotional, intellectual, and physical needs of their school-age children;
13.22 	(2) promote healthy self-concepts among parents or guardians and other family 
13.23 	members;
13.24 	(3) offer parents or guardians a chance to share and learn about educational skills, 
13.25 	techniques, and ideas;
13.26 	(4) provide creative learning experiences for parents or guardians and their 
13.27 	school-age children, including involvement from parents or guardians of color;
13.28 	(5) encourage parents to actively participate in their district's curriculum advisory 
13.29 	committee under section 120B.11 in order to assist the school board in improving 
13.30 	children's education programs; and
13.31 	(6) encourage parents to help in promoting school desegregation/integration; and
13.32 	(7) partner with parents in establishing a positive school climate by developing 
13.33 	and implementing prevention and intervention programs on prohibited conduct under 
13.34 	section 121A.031.

14.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

14.2 	Sec. 9. Minnesota Statutes 2012, section 124D.8955, is amended to read:
14.3 	124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.
14.4 	(a) In order to promote and support student achievement, a local school board is 
14.5 	encouraged to formally adopt and implement a parent and family involvement policy that 
14.6 	promotes and supports:
14.7 	(1) communication between home and school that is regular, two-way, and 
14.8 	meaningful;
14.9 	(2) parenting skills;
14.10 	(3) parents and caregivers who play an integral role in assisting student learning and 
14.11 	learn about fostering students' academic success and learning at home and school;
14.12 	(4) welcoming parents in the school and seeking their support and assistance;
14.13 	(5) partnerships with parents in the decisions that affect children and families 
14.14 	in the schools; and
14.15 	(6) providing community resources to strengthen schools, families, and student 
14.16 	learning, including establishing a safe and supportive school climate by developing and 
14.17 	implementing prevention and intervention programs on prohibited conduct under section 
14.18 	121A.031.
14.19 	(b) A school board that implements a parent and family involvement policy under 
14.20 	paragraph (a) must convene an advisory committee composed of an equal number of 
14.21 	resident parents who are not district employees and school staff to make recommendations 
14.22 	to the board on developing and evaluating the board's parent and family involvement 
14.23 	policy. If possible, the advisory committee must represent the diversity of the district. The 
14.24 	advisory committee must consider the district's demographic diversity and barriers to 
14.25 	parent involvement when developing its recommendations. The advisory committee must 
14.26 	recommend to the school board and district or school how programs serving children and 
14.27 	adolescents can collaborate on:
14.28 	(1) understanding child and adolescent development;
14.29 	(2) encouraging healthy communication between parents and children;
14.30 	(3) managing students' behavior through positive reinforcement;
14.31 	(4) establishing expectations for student behavior;
14.32 	(5) providing media and Internet guidance, limits, and supervision; and
14.33 	(6) promoting resilience and reducing risks for children.
14.34 	The advisory committee must present its recommendations to the board for board 
14.35 	consideration.
15.1 	(c) The board must consider best practices when implementing this policy.
15.2 	(d) The board periodically must review this policy to determine whether it is aligned 
15.3 	with the most current research findings on parent involvement policies and practices and 
15.4 	how effective the policy is in supporting increased student achievement.
15.5 	(e) Nothing in this section obligates a school district to exceed any parent or family 
15.6 	involvement requirement under federal law.

15.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

15.8 	Sec. 10. Minnesota Statutes 2012, section 125B.15, is amended to read:
15.9 	125B.15 INTERNET ACCESS FOR STUDENTS.
15.10 	(a) Recognizing the difference between school libraries, school computer labs, and 
15.11 	school media centers, which serve unique educational purposes, and public libraries, 
15.12 	which are designed for public inquiry, all computers at a school site with access to the 
15.13 	Internet available for student use must be equipped to restrict, including by use of 
15.14 	available software filtering technology or other effective methods, all student access 
15.15 	to material that is reasonably believed to be obscene or child pornography or material 
15.16 	harmful to minors under federal or state law.
15.17 	(b) A school site is not required to purchase filtering technology if the school site 
15.18 	would incur more than incidental expense in making the purchase.
15.19 	(c) A school district receiving technology revenue under section 125B.26 must 
15.20 	prohibit, including through use of available software filtering technology or other effective 
15.21 	methods, adult access to material that under federal or state law is reasonably believed to 
15.22 	be obscene or child pornography.
15.23 	(d) A school district, its agents or employees, are immune from liability for failure 
15.24 	to comply with this section if they have made a good faith effort to comply with the 
15.25 	requirements of this section.
15.26 	(e) "School site" means an education site as defined in section 123B.04, subdivision 
15.27 	1, or charter school under section 124D.10.
15.28 	(f) All school sites having computers with Internet access must adopt and implement 
15.29 	a policy to prohibit cyberbullying, consistent with section 121A.031.

15.30 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
15.31 	later.

15.32 	Sec. 11. [127A.051] SCHOOL CLIMATE COUNCIL.
16.1 		Subdivision 1.Establishment and membership; terms. (a) A 24-member 
16.2 	multiagency leadership council is established to improve school climate and school 
16.3 	safety so that all Minnesota students in prekindergarten through grade 12 schools and 
16.4 	higher education institutions have a safe and supportive learning environment in order to 
16.5 	maximize each student's learning potential.
16.6 	(b) The council shall consist of:
16.7 	(1) the commissioners or their designees from the Departments of Education, 
16.8 	Health, Human Rights, Human Services, Public Safety, and Corrections, and the Office of 
16.9 	Higher Education;
16.10 	(2) one representative each from the Board of Teaching, Board of School 
16.11 	Administrators, Minnesota School Boards Association, Elementary School Principals 
16.12 	Association, Association of Secondary School Principals, and Education Minnesota as 
16.13 	selected by each organization;
16.14 	(3) two representatives each of student support personnel, parents, and students as 
16.15 	selected by the commissioner of education;
16.16 	(4) two representatives of local law enforcement as selected by the commissioner of 
16.17 	public safety;
16.18 	(5) two representatives of the judicial branch as selected by the chief justice of 
16.19 	the Supreme Court; and
16.20 	(6) one charter school representative selected by the Minnesota Association of 
16.21 	Charter Schools.
16.22 	(c) A member serves at the pleasure of their appointing authority and continues 
16.23 	to serve until their successor is appointed.
16.24 		Subd. 2.Duties. The council must provide leadership for the following activities:
16.25 	(1) establishment of norms and standards for prevention, intervention, and support 
16.26 	around issues of prohibited conduct;
16.27 	(2) advancement of evidence-based policy and best practices to improve school 
16.28 	climate and promote school safety; and
16.29 	(3) development and dissemination of resources and training for schools and 
16.30 	communities about issues of prohibited conduct under section 121A.031, and other school 
16.31 	safety-related issues.
16.32 		Subd. 3.Meetings; chair. The commissioner of education must convene the first 
16.33 	meeting of the council by October 1, 2013, and must serve as chair. The council must meet 
16.34 	at least one time per year. The council does not need a quorum to conduct its meetings.
16.35 		Subd. 4.Compensation. Council members are not eligible for compensation or 
16.36 	reimbursement for expenses related to council activities.
17.1 		Subd. 5.Support. The Department of Education and the Department of Public 
17.2 	Safety must provide technical assistance to council members upon request. The council, 
17.3 	upon request, must consult with the school climate center and the school safety center.
17.4 		Subd. 6.Reporting. The council must report its activities annually by October 1, 
17.5 	to the commissioner of education. The Department of Education must post the council's 
17.6 	meeting notices and other relevant information regarding its duties on the agency's Web site.
17.7 		Subd. 7.Expiration. The school climate council does not expire.

17.8 	Sec. 12. [127A.052] SCHOOL CLIMATE CENTER.
17.9 	(a) The commissioner shall establish a school climate center at the department to 
17.10 	help districts and schools under section 121A.031 provide a safe and supportive learning 
17.11 	environment and foster academic achievement for all students by focusing on prevention, 
17.12 	intervention, support, and recovery efforts to develop and maintain safe and supportive 
17.13 	schools. The center must work collaboratively with implicated state agencies identified 
17.14 	by the center and schools, communities, and interested individuals and organizations to 
17.15 	determine how to best use available resources.
17.16 	(b) The center's services shall include:
17.17 	(1) evidence-based policy review, development, and dissemination;
17.18 	(2) single, point-of-contact services designed for schools, parents, and students 
17.19 	seeking information or other help;
17.20 	(3) qualitative and quantitative data gathering, interpretation, and dissemination of 
17.21 	summary data for existing reporting systems and student surveys and the identification 
17.22 	and pursuit of emerging trends and issues;
17.23 	(4) assistance to districts and schools in using Minnesota student survey results to 
17.24 	inform intervention and prevention programs;
17.25 	(5) education and skill building;
17.26 	(6) multisector and multiagency planning and advisory activities incorporating 
17.27 	best practices and research; and
17.28 	(7) administrative and financial support for school and district planning, schools 
17.29 	recovering from incidents of violence, and school and district violence prevention 
17.30 	education.
17.31 	(c) The center shall:
17.32 	(1) compile and make available to all districts and schools evidence-based elements 
17.33 	and resources to develop and maintain safe and supportive schools;
17.34 	(2) establish and maintain a central repository for collecting and analyzing 
17.35 	information about prohibited conduct under section 121A.031, including, but not limited to:
18.1 	(i) training materials on strategies and techniques to prevent and appropriately 
18.2 	address prohibited conduct under section 121A.031;
18.3 	(ii) model programming;
18.4 	(iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph 
18.5 	(f); and
18.6 	(iv) other resources for improving the school climate and preventing prohibited 
18.7 	conduct under section 121A.031;
18.8 	(3) assist districts and schools to develop strategies and techniques for effectively 
18.9 	communicating with and engaging parents in efforts to protect and deter students from 
18.10 	prohibited conduct under section 121A.031; and
18.11 	(4) solicit input from social media experts on implementing this section.
18.12 	(d) The commissioner shall provide administrative services including personnel, 
18.13 	budget, payroll and contract services, and staff support for center activities including 
18.14 	developing and disseminating materials, providing seminars, and developing and 
18.15 	maintaining a Web site. Center staff shall include a center director, a data analyst 
18.16 	coordinator, and trainers who provide training to affected state and local organizations 
18.17 	under a fee-for-service agreement. The financial, administrative, and staff support the 
18.18 	commissioner provides under this section must be based on an annual budget and work 
18.19 	program developed by the center and submitted to the commissioner by the center director.
18.20 	(e) School climate center staff may consult with school safety center staff at the 
18.21 	Department of Public Safety in providing services under this section.

18.22 	EFFECTIVE DATE. This section is effective beginning July 1, 2014.

18.23 	Sec. 13. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read:
18.24 		Subd. 2.Violations of law. The commissioner may reduce or withhold the district's 
18.25 	state aid for any school year whenever the board of the district authorizes or permits 
18.26 	violations of law within the district by:
18.27 	(1) employing a teacher who does not hold a valid teaching license or permit in a 
18.28 	public school;
18.29 	(2) noncompliance with a mandatory rule of general application promulgated by the 
18.30 	commissioner in accordance with statute, unless special circumstances make enforcement 
18.31 	inequitable, impose an extraordinary hardship on the district, or the rule is contrary to 
18.32 	the district's best interests;
18.33 	(3) the district's continued performance of a contract made for the rental of rooms 
18.34 	or buildings for school purposes or for the rental of any facility owned or operated by or 
18.35 	under the direction of any private organization, if the contract has been disapproved, the 
19.1 	time for review of the determination of disapproval has expired, and no proceeding for 
19.2 	review is pending;
19.3 	(4) any practice which is a violation of sections 1 and 2 of article 13 of the 
19.4 	Constitution of the state of Minnesota;
19.5 	(5) failure to reasonably provide for a resident pupil's school attendance under 
19.6 	Minnesota Statutes;
19.7 	(6) noncompliance with state laws prohibiting discrimination because of race, color, 
19.8 	creed, religion, national origin, sex, sexual orientation, gender identity and expression,
19.9 	 age, marital status, status with regard to public assistance or, disability, as defined in 
19.10 	sections 363A.08 to 363A.19 and 363A.28, subdivision 10, or noncompliance with 
19.11 	prohibited conduct under section 121A.031; or
19.12 	(7) using funds contrary to the statutory purpose of the funds.
19.13 	The reduction or withholding must be made in the amount and upon the procedure 
19.14 	provided in this section, or, in the case of the violation stated in clause (1), upon the 
19.15 	procedure provided in section 127A.43.

19.16 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
19.17 	later.

19.18 	Sec. 14.  REPEALER.
 19.19 	Minnesota Statutes 2012, sections 121A.03; and 121A.0695, are repealed effective 
19.20 	July 1, 2014.