HF 1953

as introduced - 87th Legislature (2011 - 2012) Posted on 02/02/2012 10:05am

A bill for an act
relating to education; prohibiting bullying in public schools; amending Minnesota
Statutes 2010, section 122A.60, subdivision 3; proposing coding for new law
in Minnesota Statutes, chapter 121A.

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

Section 1.

new text begin [121A.07] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The definitions in this section apply to sections
121A.07 to 121A.09.
new text end

new text begin Subd. 2. new text end

new text begin Bullying. new text end

new text begin "Bullying" means conduct that occurs in a school, on school
district or charter school premises, in a district or charter school owned or leased school
bus or school vehicle, or at any school or school district sanctioned or sponsored activity
or event and that:
new text end

new text begin (1) is so severe, pervasive, or objectively offensive that it substantially interferes
with the student's educational opportunities;
new text end

new text begin (2) places the student in actual and reasonable fear of harm;
new text end

new text begin (3) places the student in actual and reasonable fear of damage to property of the
student; or
new text end

new text begin (4) substantially disrupts the orderly operation of the school.
new text end

new text begin Subd. 3. new text end

new text begin Conduct. new text end

new text begin "Conduct" includes the use of technology or other electronic
media.
new text end

new text begin Subd. 4. new text end

new text begin School. new text end

new text begin "School" means a public school under section 120A.22,
subdivision 4, or charter school under section 124D.10.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 2.

new text begin [121A.08] BULLYING PROHIBITION POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin Policy development and adoption. new text end

new text begin (a) Each school district and
charter school shall adopt a policy providing that while at a school, on school district or
charter school premises, in a district or charter school owned or leased school bus or
school vehicle, or at any school or school district sanctioned or sponsored activity or
event, a student may not engage in bullying or engage in reprisal or retaliation against:
new text end

new text begin (1) a victim of bullying;
new text end

new text begin (2) an individual who witnesses an alleged act of bullying;
new text end

new text begin (3) an individual who reports an alleged act of bullying; or
new text end

new text begin (4) an individual who provides information about an alleged act of bullying.
new text end

new text begin (b) In developing the bullying policy required by this section, a school district
or charter school shall involve parents, school district or charter school employees,
volunteers, students, school district or charter school administrators, law enforcement
personnel, domestic violence and sexual assault organizations, and community
representatives.
new text end

new text begin Subd. 2. new text end

new text begin Policy requirements. new text end

new text begin (a) The policy required by this section must:
new text end

new text begin (1) include a definition of bullying that at least encompasses the conduct described
in section 121A.07;
new text end

new text begin (2) establish procedures for reporting and documenting alleged acts of bullying,
reprisal, or retaliation, and include procedures for anonymous reporting of such acts;
new text end

new text begin (3) establish procedures, including timelines, for school district or charter school
personnel to follow in investigating reports of alleged bullying, reprisal, or retaliation;
new text end

new text begin (4) establish a schedule for the retention of any documents generated while
investigating reports of alleged bullying, reprisal, or retaliation;
new text end

new text begin (5) set forth the disciplinary measures applicable to an individual who engaged in
bullying or who engaged in reprisal or retaliation, as set forth in subdivision 1;
new text end

new text begin (6) require the notification of law enforcement personnel if an investigation by
school district or charter school personnel results in a reasonable suspicion that a crime
might have occurred;
new text end

new text begin (7) establish strategies to protect a victim of bullying, reprisal, or retaliation; and
new text end

new text begin (8) establish disciplinary measures to be imposed upon an individual who makes a
false accusation, report, or complaint pertaining to bullying, reprisal, or retaliation.
new text end

new text begin (b) Upon completion of the policy required by this section, a school district or
charter school shall:
new text end

new text begin (1) ensure that the policy is explained to and discussed with its students; and
new text end

new text begin (2) make the policy available in student and personnel handbooks.
new text end

new text begin (c) Each school district or charter school shall review and revise its policy as it
determines necessary.
new text end

new text begin (d) Each school district or charter school shall provide information regarding the
prevention of bullying to all volunteers and nonlicensed personnel who have contact
with students.
new text end

new text begin Subd. 3. new text end

new text begin Immunity. new text end

new text begin (a) An individual who promptly, reasonably, and in good faith
reports an incident of bullying, reprisal, or retaliation to the school district or charter
school employee or official designated in the school bullying policy is immune from civil
or criminal liability resulting from or relating to the report and the resulting proceedings.
new text end

new text begin (b) A school district or charter school and its employees are immune from any
liability that might otherwise be incurred as a result of a student having been the recipient
of bullying, if the school district or charter school implemented a bullying policy as
required in this section and substantially complied with that policy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 3.

new text begin [121A.09] BULLYING PREVENTION PROGRAMS.
new text end

new text begin Each school district or charter school shall provide bullying prevention programs to
all students from kindergarten through grade 12.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2010, section 122A.60, subdivision 3, is amended to read:

Subd. 3.

Staff development outcomes.

The advisory staff development committee
must adopt a staff development plan for improving student achievement. The plan must
be consistent with education outcomes that the school board determines. The plan
must include ongoing staff development activities that contribute toward continuous
improvement in achievement of the following goals:

(1) improve student achievement of state and local education standards in all areas
of the curriculum by using best practices methods;

(2) effectively meet the needs of a diverse student population, including at-risk
children, children with disabilities, and gifted children, within the regular classroom
and other settings;

(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
student population that is consistent with the state education diversity rule and the district's
education diversity plan;

(4) improve staff collaboration and develop mentoring and peer coaching programs
for teachers new to the school or district;

(5) effectively teach and model violence prevention policy and curriculum that
address new text begin the school's bullying policy under section 121A.08, new text end early intervention alternatives,
issues of harassment, and teach nonviolent alternatives for conflict resolution; and

(6) provide teachers and other members of site-based management teams with
appropriate management and financial management skills.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end