HF 54

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; requiring a school district 
  1.3             policy on student-on-student abuse; amending Minnesota 
  1.4             Statutes 2002, section 121A.03, subdivisions 2, 3, by 
  1.5             adding a subdivision.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 121A.03, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [SEXUAL, RELIGIOUS, AND RACIAL HARASSMENT AND 
  1.10  VIOLENCE POLICY.] (a) A school board must adopt a written 
  1.11  sexual, religious, and racial harassment and sexual, religious, 
  1.12  and racial violence policy that conforms with sections 363.01 to 
  1.13  363.15.  The policy shall apply to pupils, teachers, 
  1.14  administrators, and other school personnel, include reporting 
  1.15  procedures, and set forth disciplinary actions that will be 
  1.16  taken for violation of the policy.  Disciplinary actions must 
  1.17  conform with collective bargaining agreements and sections 
  1.18  121A.41 to 121A.56.  The policy must be conspicuously posted 
  1.19  throughout each school building, given to each district employee 
  1.20  and independent contractor at the time of entering into the 
  1.21  person's employment contract, and included in each school's 
  1.22  student handbook on school policies.  Each school must develop a 
  1.23  process for discussing the school's sexual, religious, and 
  1.24  racial harassment and violence policy with students and school 
  1.25  employees.  
  2.1      (b) To the extent applicable, school officials must use the 
  2.2   requirements under paragraph (a) to develop and implement a 
  2.3   policy for reporting student-on-student abuse that is occurring 
  2.4   or has occurred on school district property.  
  2.5      [EFFECTIVE DATE.] This section is effective January 1, 2004.
  2.6      Sec. 2.  Minnesota Statutes 2000, section 121A.03, is 
  2.7   amended by adding a subdivision to read: 
  2.8      Subd. 2a.  [STUDENT-ON-STUDENT ABUSE POLICY.] (a) 
  2.9   Consistent with the applicable requirements under subdivision 2, 
  2.10  and section 626.556, a school board must adopt a written policy 
  2.11  prohibiting student-on-student abuse, including at least: 
  2.12     (1) student-on-student sexual abuse, consistent with the 
  2.13  definition of "criminal sexual conduct" in sections 609.342, 
  2.14  subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1; 
  2.15  609.345, subdivision 1; and 609.3451, subdivision 1.  Sexual 
  2.16  abuse also includes an act that violates prostitution offenses 
  2.17  under sections 609.321 to 609.324 or 617.246; and 
  2.18     (2) student-on-student physical assault or battery, 
  2.19  consistent with the definition of assault in sections 609.221, 
  2.20  subdivision 1; 609.222, subdivision 1; 609.223, subdivision 1; 
  2.21  and 609.2231. 
  2.22     (b) The policy must require a teacher, school 
  2.23  administrator, or other school personnel who knows or has reason 
  2.24  to believe that student-on-student abuse is occurring or has 
  2.25  occurred on school district property to report the information 
  2.26  to the commissioner of children, families, and learning, 
  2.27  immediately after receiving the information, according to the 
  2.28  requirements under section 626.556.  The commissioner's report 
  2.29  and investigation must also comply with section 626.556. 
  2.30     (c) The policy must allow student-on-student abuse to be 
  2.31  reported to the commissioner by fax, certified mail, e-mail, or 
  2.32  by telephone or orally with a written report to follow within 72 
  2.33  hours, exclusive of weekends and holidays. 
  2.34     (d) The policy must encourage a student who knows or has 
  2.35  reason to believe that student-on-student abuse is occurring or 
  2.36  has occurred on school district property to report the 
  3.1   information to a teacher, school administrator, or other school 
  3.2   personnel immediately after learning the information. 
  3.3      (e) The handling of data under this section must comply 
  3.4   with the requirements of section 626.556. 
  3.5      (f) For the purposes of this subdivision, "immediately" 
  3.6   means as soon as possible but in no event longer than 24 hours. 
  3.7      [EFFECTIVE DATE.] This section is effective January 1, 2004.
  3.8      Sec. 3.  Minnesota Statutes 2002, section 121A.03, 
  3.9   subdivision 3, is amended to read: 
  3.10     Subd. 3.  [SUBMISSION TO COMMISSIONER.] Each school board 
  3.11  must submit to the commissioner a copy of the sexual, religious, 
  3.12  and racial harassment and sexual, religious, and racial violence 
  3.13  policy under subdivision 2 and the student-on-student abuse 
  3.14  policy under subdivision 2a the board has adopted.  
  3.15     [EFFECTIVE DATE.] This section is effective January 1, 2004.