HF 408

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing for a model policy
prohibiting intimidation or bullying; proposing coding
for new law in Minnesota Statutes, chapter 121A.

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

Section 1.

[121A.0695] SCHOOL BOARD POLICY; PROHIBITING
INTIMIDATION AND BULLYING.

Subdivision 1.

Intimidation or bullying
defined.

"Intimidation or bullying" means an intentional
gesture or a written, oral, or physical act or threat that a
reasonable person under the circumstances knows or should know
has the effect of:

(1) harming a student;

(2) damaging a student's property;

(3) placing a student in reasonable fear of harm to the
student's person;

(4) placing a student in reasonable fear of damage to the
student's property; or

(5) creating a severe or persistent environment of
intimidation or abuse.

Subd. 2.

Model policy.

The commissioner of education
shall maintain and make available to school boards and other
schools a model policy prohibiting intimidation and bullying
that addresses the requirements of subdivision 3.

Subd. 3.

School board policy.

Each school board shall
adopt a written policy prohibiting intimidation and bullying of
any student. The policy must describe the behavior expected of
each student and state the consequences for and the appropriate
remedial action to be taken against the person acting to
intimidate or bully. The policy must include reporting
procedures, including, at a minimum, requiring school personnel
to report student intimidation or bullying incidents and
allowing persons to report incidents anonymously. Each district
must integrate into its violence prevention program under
section 120B.22, if applicable, behavior and expectations
established under this section. Each school must include the
policy in the student handbook on school policies.

EFFECTIVE DATE.

This section is effective for the
2005-2006 school year and later.

Sec. 2. MODEL POLICY.

The commissioner of education shall work with the Minnesota
School Boards Association to develop a model policy that
prohibits intimidating and bullying as required in section 1,
subdivision 2.