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Minnesota Legislature

Office of the Revisor of Statutes

HF 765

as introduced - 87th Legislature (2011 - 2012) Posted on 02/28/2011 10:31am

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

Bill Text Versions

Engrossments
Introduction Posted on 02/28/2011

Current Version - as introduced

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A bill for an act
relating to education; providing for harassment, bullying, intimidation, and
violence policies; amending Minnesota Statutes 2010, sections 121A.03;
124D.10, subdivision 8; repealing Minnesota Statutes 2010, section 121A.0695.

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

Section 1.

Minnesota Statutes 2010, section 121A.03, is amended to read:


121A.03 deleted text beginMODEL POLICYdeleted text endnew text begin SCHOOL BOARD POLICY; PROHIBITING
HARASSMENT, BULLYING, INTIMIDATION, AND VIOLENCE
new text end.

Subdivision 1.

Model policy.

The commissioner shall maintain and make available
to school boards a model deleted text beginsexual, religious, and racialdeleted text end harassmentnew text begin, bullying, intimidation,new text end
and violence policy. The model policy shall address the requirements of subdivision 2,
and may encourage violence prevention and character development education programs,
consistent with section 120B.232, subdivision 1, to prevent and reduce policy violations.

Subd. 2.

deleted text beginSexual, religious, and racial harassment and violence policydeleted text endnew text begin
Harassment, bullying, intimidation, and violence policy
new text end.

deleted text beginA school board must adopt a
written sexual, religious, and racial harassment and sexual, religious, and racial violence
policy that conforms with chapter 363A.
deleted text end new text beginBy January 1, 2012, a school board must adopt a
written policy that prohibits harassment, bullying, intimidation, and violence based on, but
not limited to, actual or perceived race, color, creed, religion, national origin, sex, marital
status, disability, socioeconomic status, sexual orientation, gender identity or expression,
age, physical characteristics, or association with a person or group with one or more of
these actual or perceived characteristics. The policy shall address harassment, bullying,
intimidation, and violence in all forms including, but not limited to, electronic forms and
forms requiring Internet use.
new text endThe policy shall apply to pupils, teachers, administrators,
and other school personnel, include reporting procedures, and set forth disciplinary
actions that will be taken for violation of the policy. Disciplinary actions must conform
with collective bargaining agreements and sections 121A.41 to 121A.56. The policy must
be conspicuously posted throughout each school building, new text beginposted on the district's Web
site,
new text endgiven to each district employee and independent contractor at the time of entering
into the person's employment contract, and included in each school's student handbook
on school policies. Each school must develop a process for discussing the school's
deleted text begin sexual, religious, and racialdeleted text end harassmentnew text begin, bullying, intimidation,new text end and violence policy with
students and school employees. new text beginSchool employees shall receive training on preventing
and responding to harassment, bullying, intimidation, and violence. The board of directors
of a school district shall develop and maintain a system to collect harassment, bullying,
intimidation, and violence incidents data.
new text end

Subd. 3.

Submission to commissioner.

Each school board must submit to
the commissioner a copy of the deleted text beginsexual, religious, and racialdeleted text end harassmentnew text begin, bullying,
intimidation,
new text end and deleted text beginsexual, religious, and racialdeleted text end violence policy the board has adopted.new text begin
The commissioner shall review the policies for compliance and make them available to
the public upon request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 2.

Minnesota Statutes 2010, section 124D.10, subdivision 8, is amended to read:


Subd. 8.

Federal, state, and local requirements.

(a) A charter school shall meet all
federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.

(c) A school authorized by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.

(d) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. An authorizer may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution. A charter school student must be released for religious instruction, consistent
with section 120A.22, subdivision 12, clause (3).

(e) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled.

(f) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.

(g) A charter school may not charge tuition.

(h) A charter school is subject to and must comply with chapter 363A and deleted text beginsectiondeleted text endnew text begin
sections 121A.03 and
new text end 121A.04.

(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(j) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the federal Single Audit Act, if applicable,
and section 6.65. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and
471.425. The audit must comply with the requirements of sections 123B.75 to 123B.83,
except to the extent deviations are necessary because of the program at the school.
Deviations must be approved by the commissioner and authorizer. The Department of
Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
or compliance audits. A charter school determined to be in statutory operating debt under
sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

(k) A charter school is a district for the purposes of tort liability under chapter 466.

(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
subdivision 7
; 121A.75; and 260B.171, subdivisions 3 and 5.

(m) A charter school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(n) A charter school offering online courses or programs must comply with section
124D.095.

(o) A charter school and charter school board of directors are subject to chapter 181.

(p) A charter school must comply with section 120A.22, subdivision 7, governing
the transfer of students' educational records and sections 138.163 and 138.17 governing
the management of local records.

(q) A charter school that provides early childhood health and developmental
screening must comply with sections 121A.16 to 121A.19.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 121A.0695, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end