as introduced - 87th Legislature (2011 - 2012) Posted on 02/28/2011 10:31am
|Introduction||Posted on 02/28/2011|
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:
Minnesota Statutes 2010, section 121A.03, is amended to read:
The commissioner shall maintain and make available
to school boards a model deleted text beginsexual, religious, and racialdeleted text end harassmentnew text beginnew 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.
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 beginnew 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 beginnew 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 beginnew text end and violence policy with
students and school employees. new text beginnew text end
Each school board must submit to
the commissioner a copy of the deleted text beginsexual, religious, and racialdeleted text end harassmentnew text beginnew text end and deleted text beginsexual, religious, and racialdeleted text end violence policy the board has adopted.new text beginnew text end
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Minnesota Statutes 2010, section 124D.10, subdivision 8, is amended to read:
(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 beginnew text end 121A.04.
(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.
(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
(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.
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