1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:45am
|Introduction||Posted on 03/02/2009|
|1st Engrossment||Posted on 04/06/2009|
A bill for an act
relating to education; providing for harassment, bullying, intimidation, and
violence policies; amending Minnesota Statutes 2008, sections 121A.03;
124D.10, subdivision 8; repealing Minnesota Statutes 2008, section 121A.0695.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, 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.
new text beginnew text endA school board must adopt a written deleted text beginsexual, religious, and racial
harassment and sexual, religious, and racial violencedeleted text end policy deleted text beginthat conformsdeleted text endnew text beginnew text end with
chapter 363Anew text beginnew text end. The policy shallnew text beginnew text end
new text begin new text end
new text beginnew text end apply to pupils, teachers, administrators, and other school personneldeleted text begin,deleted text endnew text beginnew text end
new text beginnew text end include reporting proceduresdeleted text begin,deleted text endnew text beginnew text end and
new text beginnew text endset 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 beginsexual, religious, and racialdeleted text end harassmentnew text beginnew text end
and violence policy with students and school employees. new text beginnew text end
new text beginnew text end
Each school board must submit to the
commissioner a copy of the deleted text beginsexual, religious, and racial harassment and sexual, religious,
and racial violencedeleted text end policy the board has adoptednew text beginnew text end.
Minnesota Statutes 2008, section 124D.10, subdivision 8, is amended to read:
(a) A charter school shall meet all
applicable state and local health and safety requirements.
(b) A school sponsored 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.
(c) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. A sponsor may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
(d) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled.
(e) 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.
(f) A charter school may not charge tuition.
(g) A charter school is subject to and must comply with chapter 363A and deleted text beginsectiondeleted text endnew text beginnew text end 121A.04.
(i) 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; 123B.52, subdivision 5;
471.38; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13,
and 15; 471.881; and 471.89. 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. The Department
of Education, state auditor, or legislative auditor 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.
(j) A charter school is a district for the purposes of tort liability under chapter 466.
(l) A charter school is subject to the Pledge of Allegiance requirement under section
121A.11, subdivision 3.
new text begin new text end new text begin new text end