Minnesota Legislature
HF 1198
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:45am
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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:
Section 1.
Minnesota Statutes 2008, section 121A.03, is amended to read:
121A.03 MODEL POLICY.
Subdivision 1.
deleted text begin Modeldeleted text end new text begin School boardnew text end policynew text begin ; prohibiting harassment, bullying,
intimidation, and violencenew text end .
The commissioner shall maintain and make available to
school boards a model deleted text begin sexual, 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 begin Sexual, religious, and racialdeleted text end Harassmentnew text begin , bullying, intimidation,new text end and
violence policy.
new text begin (a) new text end A school board must adopt a written deleted text begin sexual, religious, and racial
harassment and sexual, religious, and racial violencedeleted text end policy deleted text begin that conformsdeleted text end new text begin , consistentnew text end with
chapter 363Anew text begin , and this section, that prohibits harassment, bullying, intimidation, and
violence based on characteristics such as 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 characteristicsnew text end . The policy shallnew text begin :
new text end
new text begin
(1) address all forms of harassment, bullying, intimidation, and violence, including
electronic forms and forms involving Internet use, among other forms;
new text end
new text begin (2)new text end apply to pupils, teachers, administrators, and other school personneldeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end include reporting proceduresdeleted text begin ,deleted text end new text begin ;new text end and
new text begin (4) new text end 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 begin posted on the district's Web site, new text end given 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 begin School employees shall receive
training on preventing and responding to harassment, bullying, intimidation, and violence.
The training must reflect what is age-appropriate policy for the school's students.
new text end
new text begin (b) The school board policy under paragraph (a) also must address student and
staff hazing and include reporting procedures and disciplinary consequences for hazing,
consistent with section 121A.69.new text end
Subd. 3.
Submission to commissioner.
Each school board must submit to the
commissioner a copy of the deleted text begin sexual, religious, and racial harassment and sexual, religious,
and racial violencedeleted text end policy the board has adoptednew text begin under subdivision 2new text end .
Sec. 2.
Minnesota Statutes 2008, section 124D.10, subdivision 8, is amended to read:
Subd. 8.
State and local requirements.
(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
institution.
(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 begin sectiondeleted text end new text begin
sections 121A.03 and new text end 121A.04.
(h) 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.
(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.
(k) A charter school must comply with sections 13.32; 120A.22, subdivision 7;
121A.75; and 260B.171, subdivisions 3 and 5.
(l) A charter school is subject to the Pledge of Allegiance requirement under section
121A.11, subdivision 3.
Sec. 3. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 121A.0695,
new text end
new text begin
is repealed.
new text end