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Minnesota Legislature

Office of the Revisor of Statutes

HF 250

as introduced - 91st Legislature (2019 - 2020) Posted on 01/31/2019 04:00pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/22/2019

Current Version - as introduced

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A bill for an act
relating to education; requiring affirmative consent instruction; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.24] PROGRAM TO PREVENT SEXUAL ASSAULT.
new text end

new text begin Subdivision 1. new text end

new text begin Consent. new text end

new text begin (a) The commissioner of education, in consultation with the
Department of Health, must assist districts and charter schools in developing and
implementing a consent program to prevent and reduce the incidence of sexual assault. Each
district must have a program that includes age appropriate instruction on consent in grades
8 to 12, consistent with paragraph (c), that includes at least the following:
new text end

new text begin (1) planning materials and guidelines;
new text end

new text begin (2) in-service training for appropriate district staff and school board members;
new text end

new text begin (3) collaboration with local community health services, agencies, and organizations
having a consent program; and
new text end

new text begin (4) participation by state and local student organizations.
new text end

new text begin (b) If a district fails to develop and implement a consent program, the department must
assist the service cooperative in the region serving that district or charter school to develop
or implement the program.
new text end

new text begin (c) "Consent" as used in this section means affirmative, conscious, and voluntary
agreement to engage in sexual activity. It is a responsibility of each person involved in
sexual activity to ensure that the other or others consent to engage in the sexual activity.
Lack of protest or resistance does not mean consent. Consent must be ongoing throughout
a sexual activity and can be revoked at any time. The existence of a dating relationship
between the persons involved or the fact of past sexual relations between them should never
by itself be assumed to be an indicator of consent.
new text end

new text begin Subd. 2. new text end

new text begin Funding sources. new text end

new text begin Districts and charter schools may accept funds for consent
programs developed and implemented under this section from public and private sources
including public health funds and foundations, department professional development funds,
federal block grants, or other federal or state grants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sum indicated in this section is
appropriated from the general fund to the commissioner of education for the fiscal year
designated.
new text end

new text begin Subd. 2. new text end

new text begin Affirmative consent instruction. new text end

new text begin To assist districts in implementing a consent
program in accordance with Minnesota Statutes, section 121A.24:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2020
new text end