1.1 	A bill for an act
1.2 	relating to education; providing for harassment, bullying, intimidation, and 
1.3 	violence policies;amending Minnesota Statutes 2010, sections 121A.03; 
1.4 	124D.10, subdivision 8; repealing Minnesota Statutes 2010, section 121A.0695.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2010, section 121A.03, is amended to read:
1.7 	121A.03 MODEL POLICY SCHOOL BOARD POLICY; PROHIBITING 
1.8 	HARASSMENT, BULLYING, INTIMIDATION, AND VIOLENCE.
1.9 		Subdivision 1.Model policy. The commissioner shall maintain and make available 
1.10 	to school boards a model sexual, religious, and racial harassment, bullying, intimidation,
1.11 	and violence policy. The model policy shall address the requirements of subdivision 2, 
1.12 	and may encourage violence prevention and character development education programs, 
1.13 	consistent with section 120B.232, subdivision 1, to prevent and reduce policy violations.
1.14 		Subd. 2.Sexual, religious, and racial harassment and violence policy
1.15 	Harassment, bullying, intimidation, and violence policy. A school board must adopt a 
1.16 	written sexual, religious, and racial harassment and sexual, religious, and racial violence 
1.17 	policy that conforms with chapter 363A.By January 1, 2012, a school board must adopt a 
1.18 	written policy that prohibits harassment, bullying, intimidation, and violence based on, but 
1.19 	not limited to, actual or perceived race, color, creed, religion, national origin, sex, marital 
1.20 	status, disability, socioeconomic status, sexual orientation, gender identity or expression, 
1.21 	age, physical characteristics, or association with a person or group with one or more of 
1.22 	these actual or perceived characteristics. The policy shall address harassment, bullying, 
1.23 	intimidation, and violence in all forms including, but not limited to, electronic forms and 
1.24 	forms requiring Internet use. The policy shall apply to pupils, teachers, administrators, 
2.1 	and other school personnel, include reporting procedures, and set forth disciplinary 
2.2 	actions that will be taken for violation of the policy. Disciplinary actions must conform 
2.3 	with collective bargaining agreements and sections 121A.41 to 121A.56. The policy must 
2.4 	be conspicuously posted throughout each school building, posted on the district's Web 
2.5 	site, given to each district employee and independent contractor at the time of entering 
2.6 	into the person's employment contract, and included in each school's student handbook 
2.7 	on school policies. Each school must develop a process for discussing the school's 
2.8 	sexual, religious, and racial harassment, bullying, intimidation, and violence policy with 
2.9 	students and school employees. School employees shall receive training on preventing 
2.10 	and responding to harassment, bullying, intimidation, and violence. The board of directors 
2.11 	of a school district shall develop and maintain a system to collect harassment, bullying, 
2.12 	intimidation, and violence incidents data.
2.13 		Subd. 3.Submission to commissioner. Each school board must submit to 
2.14 	the commissioner a copy of the sexual, religious, and racial harassment, bullying, 
2.15 	intimidation, and sexual, religious, and racial violence policy the board has adopted.
2.16 	The commissioner shall review the policies for compliance and make them available to 
2.17 	the public upon request.

2.18 	EFFECTIVE DATE. This section is effective January 1, 2012.

2.19 	Sec. 2. Minnesota Statutes 2010, section 124D.10, subdivision 8, is amended to read:
2.20 		Subd. 8.Federal, state, and local requirements. (a) A charter school shall meet all 
2.21 	federal, state, and local health and safety requirements applicable to school districts.
2.22 	(b) A school must comply with statewide accountability requirements governing 
2.23 	standards and assessments in chapter 120B.
2.24 	(c) A school authorized by a school board may be located in any district, unless the 
2.25 	school board of the district of the proposed location disapproves by written resolution.
2.26 	(d) A charter school must be nonsectarian in its programs, admission policies, 
2.27 	employment practices, and all other operations. An authorizer may not authorize a charter 
2.28 	school or program that is affiliated with a nonpublic sectarian school or a religious 
2.29 	institution. A charter school student must be released for religious instruction, consistent 
2.30 	with section 120A.22, subdivision 12, clause (3).
2.31 	(e) Charter schools must not be used as a method of providing education or 
2.32 	generating revenue for students who are being home-schooled.
2.33 	(f) The primary focus of a charter school must be to provide a comprehensive 
2.34 	program of instruction for at least one grade or age group from five through 18 years 
3.1 	of age. Instruction may be provided to people younger than five years and older than 
3.2 	18 years of age.
3.3 	(g) A charter school may not charge tuition.
3.4 	(h) A charter school is subject to and must comply with chapter 363A and section
3.5 	sections 121A.03 and121A.04.
3.6 	(i) A charter school is subject to and must comply with the Pupil Fair Dismissal 
3.7 	Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 
3.8 	123B.34 to 123B.39.
3.9 	(j) A charter school is subject to the same financial audits, audit procedures, and 
3.10 	audit requirements as a district. Audits must be conducted in compliance with generally 
3.11 	accepted governmental auditing standards, the federal Single Audit Act, if applicable, 
3.12 	and section 6.65. A charter school is subject to and must comply with sections 15.054; 
3.13 	118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and 
3.14 	471.425. The audit must comply with the requirements of sections 123B.75 to 123B.83, 
3.15 	except to the extent deviations are necessary because of the program at the school. 
3.16 	Deviations must be approved by the commissioner and authorizer. The Department of 
3.17 	Education, state auditor, legislative auditor, or authorizer may conduct financial, program, 
3.18 	or compliance audits. A charter school determined to be in statutory operating debt under 
3.19 	sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.
3.20 	(k) A charter school is a district for the purposes of tort liability under chapter 466.
3.21 	(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22, 
3.22 	subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.
3.23 	(m) A charter school is subject to the Pledge of Allegiance requirement under 
3.24 	section 121A.11, subdivision 3.
3.25 	(n) A charter school offering online courses or programs must comply with section 
3.26 	124D.095.
3.27 	(o) A charter school and charter school board of directors are subject to chapter 181.
3.28 	(p) A charter school must comply with section 120A.22, subdivision 7, governing 
3.29 	the transfer of students' educational records and sections 138.163 and 138.17 governing 
3.30 	the management of local records.
3.31 	(q) A charter school that provides early childhood health and developmental 
3.32 	screening must comply with sections 121A.16 to 121A.19.

3.33 	Sec. 3.  REPEALER.
 3.34 	Minnesota Statutes 2010, section 121A.0695, is repealed.

3.35 	EFFECTIVE DATE. This section is effective January 1, 2012.