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Minnesota Legislature

Office of the Revisor of Statutes

HF 1661

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; promoting character development
education; amending Minnesota Statutes 2004, sections
120B.23; 121A.03, subdivision 1; 121A.47, subdivision
14; 121A.55; 123A.06, subdivision 1; 126C.44;
proposing coding for new law in Minnesota Statutes,
chapter 120B.

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

Section 1.

new text begin [120B.225] CHARACTER DEVELOPMENT EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Character development education. new text end

new text begin The
legislature encourages districts to integrate or offer
instruction on character education including, but not limited
to, character qualities such as attentiveness, truthfulness,
respect for authority, diligence, gratefulness, self-discipline,
patience, forgiveness, respect for others, peacemaking, and
resourcefulness. Districts are not limited to, but may use
programs such as Character First and Character Counts.
Instruction should be integrated into a district's existing
programs, curriculum, or the general school environment. The
commissioner shall provide assistance at the request of a
district to develop character education curriculum and programs.
new text end

new text begin Subd. 2.new text end

new text beginFunding sources.new text end

new text beginThe commissioner must first
use federal funds for character development education programs
to the extent available under United States Code, title 20,
section 7247. Districts may accept funds from private and other
public sources for character development education programs
developed and implemented under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 120B.23, is
amended to read:


120B.23 VIOLENCE PREVENTION new text beginAND CHARACTER DEVELOPMENT
new text end EDUCATION GRANTS.

Subdivision 1.

Grant program established.

The
commissioner of education, after consulting with the assistant
commissioner of the Office of Drug Policy and Violence
Prevention, shall establish a violence prevention new text beginand character
development
new text endeducation grant programnew text begin, consistent with section
120B.255, subdivision 1,
new text endto enable a school district, an
education district, or a group of districts that cooperate for a
particular purpose to develop and implement or to continue a
violence prevention new text beginand character development new text endprogram for
students in kindergarten through grade 12 that can be integrated
into existing curriculum. A district or group of districts that
elects to develop and implement or to continue a violence
prevention new text beginand character development new text endprogram under section
120B.22 is eligible to apply for a grant under this section.

Subd. 2.

Grant application.

To be eligible to receive a
grant, a school district, an education district, a service
cooperative, or a group of districts that cooperate for a
particular purpose must submit an application to the
commissioner in the form and manner and according to the
timeline established by the commissioner. The application must
describe how the applicant will: (1) continue or integrate into
its existing K-12 curriculum new text beginor into cocurricular or
extracurricular activities
new text enda program for violence prevention
deleted text begin that contains the program components listed in section
120B.22
deleted text endnew text beginand character developmentnew text end; (2) collaborate with local
organizations involved in violence prevention and
intervention new text beginand character developmentnew text end; and (3) structure the
program to reflect the characteristics of the children, their
families and the community involved in the program. The
commissioner may require additional information from the
applicant. When reviewing the applications, the commissioner
shall determine whether the applicant has met the requirements
of this subdivision.

Subd. 3.

Grant awards.

The commissioner may award grants
for a violence prevention new text beginand character development new text endeducation
program to eligible applicants as defined in subdivision 2.
Grant amounts may not exceed $3 per resident pupil unit in the
district or group of districts in the prior school year. Grant
recipients should be geographically distributed throughout the
state.

Subd. 4.

Grant proceeds.

A successful applicant must use
the grant money to develop and implement or to continue a
violence prevention new text beginand character development new text endprogram according
to the terms of the grant application.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2004, section 121A.03,
subdivision 1, is amended to read:


Subdivision 1.

Model policy.

The commissioner shall
maintain and make available to school boards a model sexual,
religious, and racial harassment and violence policy. The model
policy shall address the requirements of subdivision 2new text begin, and may
encourage violence prevention and character development
education programs, consistent with section 120B.225,
subdivision 1, to prevent and reduce policy violations
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2004, section 121A.47,
subdivision 14, is amended to read:


Subd. 14.

Admission or readmission plan.

A school
administrator shall prepare and enforce an admission or
readmission plan for any pupil who is excluded or expelled from
school. The plan may include measures to improve the pupil's
behaviornew text begin, including completing a character education program,
consistent with section 120B.225, subdivision 1,
new text endand require
parental involvement in the admission or readmission process,
and may indicate the consequences to the pupil of not improving
the pupil's behavior.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2004, section 121A.55, is
amended to read:


121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education shall promulgate
guidelines to assist each school board. Each school board shall
establish uniform criteria for dismissal and adopt written
policies and rules to effectuate the purposes of sections
121A.40 to 121A.56. The policies shall emphasize preventing
dismissals through early detection of problemsnew text begin, using character
development or other programs, consistent with section 120B.225,
subdivision 1,
new text endand shall be designed to address students'
inappropriate behavior from recurring. The policies shall
recognize the continuing responsibility of the school for the
education of the pupil during the dismissal period. The
alternative educational services, if the pupil wishes to take
advantage of them, must be adequate to allow the pupil to make
progress towards meeting the graduation standards adopted under
section 120B.02 and help prepare the pupil for readmission.

(b) An area learning center under section 123A.05 may not
prohibit an expelled or excluded pupil from enrolling solely
because a district expelled or excluded the pupil. The board of
the area learning center may use the provisions of the Pupil
Fair Dismissal Act to exclude a pupil or to require an admission
plan.

(c) Each school district shall develop a policy and report
it to the commissioner on the appropriate use of peace officers
and crisis teams to remove students who have an individualized
education plan from school grounds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2004, section 123A.06,
subdivision 1, is amended to read:


Subdivision 1.

Program focus.

(a) The programs and
services of a center must focus on academic and learning skills,
applied learning opportunities, trade and vocational skills,
work-based learning opportunities, work experience, youth
service to the community, transition services, and English
language and literacy programs for children whose primary
language is a language other than Englishnew text begin, and may focus on
character development, consistent with section 120B.225,
subdivision 1
new text end. Applied learning, work-based learning, and
service learning may best be developed in collaboration with a
local education and transitions partnership, culturally based
organizations, mutual assistance associations, or other
community resources. In addition to offering programs, the
center shall coordinate the use of other available educational
services, special education services, social services, health
services, and postsecondary institutions in the community and
services area.

(b) Consistent with the requirements of sections 121A.40 to
121A.56, a school district may provide an alternative education
program for a student who is within the compulsory attendance
age under section 120A.20, and who is involved in severe or
repeated disciplinary action.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2004, section 126C.44, is
amended to read:


126C.44 SAFE SCHOOLS LEVY.

Each district may make a levy on all taxable property
located within the district for the purposes specified in this
section. The maximum amount which may be levied for all costs
under this section shall be equal to $27 multiplied by the
district's adjusted marginal cost pupil units for the school
year. The proceeds of the levy must be used for directly
funding the following purposes or for reimbursing the cities and
counties who contract with the district for the following
purposes: (1) to pay the costs incurred for the salaries,
benefits, and transportation costs of peace officers and
sheriffs for liaison in services in the district's schools; (2)
to pay the costs for a drug abuse prevention program as defined
in section 609.101, subdivision 3, paragraph (e), in the
elementary schools; (3) to pay the costs for a gang resistance
education training curriculum in the district's schools; (4) to
pay the costs for security in the district's schools and on
school property; or (5) to pay the costs for other crime
prevention, drug abuse, student and staff safety, and violence
prevention measuresnew text begin, including character development programs,
consistent with section 120B.225, subdivision 1,
new text endtaken by the
school district. The district must initially attempt to
contract for services to be provided by peace officers or
sheriffs with the police department of each city or the
sheriff's department of the county within the district
containing the school receiving the services. If a local police
department or a county sheriff's department does not wish to
provide the necessary services, the district may contract for
these services with any other police or sheriff's department
located entirely or partially within the school district's
boundaries. The levy authorized under this section is not
included in determining the school district's levy limitations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end