HF 826

2nd Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 03/06/2014 05:00pm

1.1A bill for an act

1.2relating to education; providing for safe and supportive schools by prohibiting
1.3bullying; authorizing rulemaking;amending Minnesota Statutes 2012, sections
1.4121A.55; 122A.60, subdivisions 1a, 3; 124D.895, subdivision 1; 124D.8955;
1.5125B.15; 127A.42, subdivision 2; Minnesota Statutes 2013 Supplement, sections
1.6120B.36, subdivision 1; 124D.10, subdivision 8; proposing coding for new law
1.7in Minnesota Statutes, chapters 121A; 127A; repealing Minnesota Statutes 2012,
1.8sections 121A.03; 121A.0695.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. LEGISLATIVE PURPOSE AND INTENT.
1.11Bullying by a student against another student is a significant problem in our schools.
1.12Such conduct cannot only adversely impact the educational opportunities of another
1.13student or students, but it may also substantially disrupt the orderly functioning of a
1.14school. Schools have a responsibility to try to prevent such adverse consequences and
1.15disruptions for the benefit of all students.
1.16Consistent with United States Supreme Court precedent, under this Act, which may
1.17be cited as the "Safe and Supportive Minnesota Schools Act," bullying involves plainly
1.18offensive conduct that improperly interferes with the rights of other students and the work
1.19or discipline of the school. Bullying may occur on school premises or school buses, at
1.20school events or functions, or by use of technology. This legislation is intended to prevent
1.21bullying by a student to facilitate a safe and conducive educational environment for all
1.22students, ameliorate the effects of bullying and teach students the boundaries of socially
1.23appropriate behavior.

1.24    Sec. 2. Minnesota Statutes 2013 Supplement, section 120B.36, subdivision 1, is
1.25amended to read:
2.1    Subdivision 1. School performance reports. (a) The commissioner shall report
2.2student academic performance under section 120B.35, subdivision 2; the percentages of
2.3students showing low, medium, and high growth under section 120B.35, subdivision
2.43 , paragraph (b); school safety and student engagement and connection under section
2.5120B.35 , subdivision 3, paragraph (d); rigorous coursework under section 120B.35,
2.6subdivision 3 , paragraph (c); the percentage of students under section 120B.35,
2.7subdivision 3 , paragraph (b), clause (2), whose progress and performance levels are
2.8meeting career and college readiness benchmarks under sections 120B.30, subdivision 1,
2.9and 120B.35, subdivision 3, paragraph (e); longitudinal data on the progress of eligible
2.10districts in reducing disparities in students' academic achievement and realizing racial and
2.11economic integration under section 124D.861; two separate student-to-teacher ratios that
2.12clearly indicate the definition of teacher consistent with sections 122A.06 and 122A.15
2.13for purposes of determining these ratios; staff characteristics excluding salaries; student
2.14enrollment demographics; district mobility; summary data on incidents of prohibited
2.15conduct and remedial responses to the incidents under section 121A.031, subdivision 4,
2.16paragraph (a), clause (10); and extracurricular activities. The report also must indicate a
2.17school's adequate yearly progress status under applicable federal law, and must not set any
2.18designations applicable to high- and low-performing schools due solely to adequate yearly
2.19progress status. The commissioner must use the summary data on prohibited conduct
2.20reported under section 121A.031, subdivision 4, paragraph (a), clause (10), to inform
2.21the work of the school climate center under section 127A.052 and to assist districts and
2.22schools in improving the educational outcomes of all students and specific categories of
2.23students affected by such prohibited conduct.
2.24    (b) The commissioner shall develop, annually update, and post on the department
2.25Web site school performance reports.
2.26    (c) The commissioner must make available performance reports by the beginning
2.27of each school year.
2.28    (d) A school or district may appeal its adequate yearly progress status in writing to
2.29the commissioner within 30 days of receiving the notice of its status. The commissioner's
2.30decision to uphold or deny an appeal is final.
2.31    (e) School performance data are nonpublic data under section 13.02, subdivision 9,
2.32until the commissioner publicly releases the data. The commissioner shall annually post
2.33school performance reports to the department's public Web site no later than September 1,
2.34except that in years when the reports reflect new performance standards, the commissioner
2.35shall post the school performance reports no later than October 1.
3.1EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
3.2later.

3.3    Sec. 3. [121A.031] SCHOOL STUDENT BULLYING POLICY.
3.4    Subdivision 1. Student bullying policy; scope and application. (a) This section
3.5applies to bullying by a student against another student attending or enrolled in the same
3.6school which occurs:
3.7(1) on the school premises, at the school functions or activities, or on the school
3.8transportation;
3.9(2) by use of electronic technology and communications on the school premises,
3.10during the school functions or activities, on the school transportation, or on the school
3.11computers, networks, forums, and mailing lists; or
3.12(3) by use of electronic technology and communications off the school premises
3.13to the extent such use is reasonably foreseeable to substantially and materially disrupt
3.14student learning or the school environment.
3.15(b) "District" under this section means a district as defined in section 120A.05,
3.16subdivision 8. "School" under this section means a public school as defined in section
3.17120A.05, subdivisions 9, 11, 13, and 17, and a charter school formed under section
3.18124D.10. "Student" under this section means a person enrolled in and attending a school
3.19as defined under this paragraph.
3.20(c) A nonpublic school under section 123B.41, subdivision 9, consistent with its
3.21school accreditation cycle, is encouraged to electronically transmit to the commissioner its
3.22antibullying policy, if any, and any summary data on its bullying incidents.
3.23(d) This section does not apply to a home school under sections 120A.22,
3.24subdivision 4, and 120A.24.
3.25    Subd. 2. Local district and school policy. (a) Districts and schools, in consultation
3.26with students, parents, and community organizations, shall adopt, implement, and annually
3.27review, and revise where appropriate, a written policy to prevent and prohibit student
3.28bullying consistent with this section. The policy must conform with sections 121A.41 to
3.29121A.56. A district or school must adopt and implement a local policy under subdivisions
3.302 to 5 or comply with the provisions of the state model policy in subdivision 6.
3.31(b) Each local district and school policy must establish research-based,
3.32developmentally appropriate best practices that include preventive and remedial measures
3.33and effective discipline for deterring policy violations; apply throughout the school or
3.34district; and foster active student, parent, and community participation. A district or
4.1school may request assistance from the school climate center under section 127A.052 in
4.2complying with local policy requirements. The policy shall:
4.3(1) apply to all students, school personnel, and volunteers;
4.4(2) specifically list the characteristics contained in subdivision 3, paragraph (d);
4.5(3) emphasize remedial responses over punitive measures;
4.6(4) be conspicuously posted throughout the school building;
4.7(5) be given to each school employee and independent contractor, if a contractor
4.8regularly interacts with students, at the time of employment with the district or school;
4.9(6) be included in the student handbook on school policies; and
4.10(7) be available to all parents and other school community members in accessible
4.11languages and format on the district or school Web site.
4.12    (c) Each district and school under this subdivision must discuss its policy with
4.13students, school personnel, and volunteers and provide training for all school personnel
4.14and volunteers to prevent, identify, and appropriately respond to prohibited conduct.
4.15Districts and schools must establish a training cycle, not to exceed a period of three
4.16school years, for school personnel and volunteers under this paragraph. Newly employed
4.17school personnel and new volunteers must receive the training within the first year of
4.18their employment with or volunteer service to the district or school. A district or school
4.19administrator may accelerate the training cycle or provide additional training based on a
4.20particular need or circumstance.
4.21    (d) Each district and school under this subdivision must submit an electronic copy of
4.22its prohibited conduct policy to the commissioner.
4.23    Subd. 3. Definitions. (a) The terms defined in this subdivision have the meanings
4.24given them for purposes of this section.
4.25(b) "Bullying" means intimidating, threatening, abusive, or harassing conduct that is
4.26objectively offensive and:
4.27(1) causes physical harm to a student or a student's property or causes a student to be
4.28in reasonable fear of harm to person or property;
4.29(2) materially and substantially interferes with a student's educational opportunities
4.30or performance or ability to participate in the school functions or activities or receive
4.31the school benefits, services, or privileges;
4.32(3) under Minnesota common law, violates a student's reasonable expectation
4.33of privacy, defames a student, or constitutes intentional infliction of emotional distress
4.34against a student; or
4.35(4) materially and substantially disrupts the work and discipline of the school.
5.1(c) "Cyberbullying" means bullying using technology or other electronic
5.2communication, including, but not limited to, a transfer of a sign, signal, writing, image,
5.3sound, or data, including a post on a social network Internet Web site or forum, transmitted
5.4through a computer, cell phone, or other electronic device.
5.5(d) Intimidating, threatening, abusive, or harassing conduct may involve, but is not
5.6limited to, conduct that is directed at a student or students based on a person's actual or
5.7perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex,
5.8age, marital status, familial status, socioeconomic status, physical appearance, sexual
5.9orientation, gender identity and expression, academic status, disability, or status with
5.10regard to public assistance, age, or any additional characteristic defined in chapter 363A.
5.11However, prohibited conduct need not be based on any particular characteristic defined in
5.12this paragraph or chapter 363A.
5.13(e) "Prohibited conduct" means bullying or cyberbullying as defined under this
5.14subdivision or retaliation for asserting, alleging, reporting, or providing information about
5.15such conduct.
5.16(f) "Remedial response" means a measure to stop and correct prohibited conduct,
5.17prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of
5.18the student who is the target of the prohibited conduct. Districts and schools may seek the
5.19assistance of the school climate center under section 127A.052 to develop and implement
5.20remedial responses on behalf of a student who is the target of prohibited conduct, to
5.21stop and correct a student engaging in prohibited conduct, and for use with students and
5.22adults in the school community. Districts and schools need not report the use of remedial
5.23responses when their use is unrelated to any particular incident of prohibited conduct.
5.24    Subd. 4. Local policy components. (a) Each district and school policy implemented
5.25under this section must, at a minimum:
5.26(1) designate a staff member as the primary contact person in the school building
5.27to receive reports of prohibited conduct under clause (3), ensure the policy and its
5.28procedures including restorative practices, consequences, and sanctions are fairly and
5.29fully implemented, and serve as the primary contact on policy and procedural matters
5.30implicating both the district or school and the department;
5.31(2) require school employees and trained volunteers who witness prohibited conduct
5.32or possess reliable information that would lead a reasonable person to suspect that a
5.33student is a target of prohibited conduct to make reasonable efforts to address and resolve
5.34the prohibited conduct;
5.35(3) provide a procedure to promptly begin to investigate reports of prohibited
5.36conduct within three school days of the report, and make the primary contact person
6.1responsible for the investigation and any resulting record and for keeping and regulating
6.2access to any record;
6.3(4) indicate how a school will respond to an identified incident of prohibited conduct,
6.4including immediately intervening to protect the target of the prohibited conduct; at the
6.5school administrator's discretion and consistent with state and federal data practices law
6.6governing access to data, a presumption that a district or school official will notify the
6.7parent of the reported target of the prohibited conduct and the parent of the actor engaged
6.8in the prohibited conduct, or law enforcement officials or officials of a park and recreation
6.9public agency that has adopted a policy substantially similar to the requirements of section
6.10121A.031 and provides training to those who have regular contact with youth patrons and
6.11personnel who have access to private data on youth patrons; providing other remedial
6.12responses to the prohibited conduct; and ensuring that remedial responses are tailored to
6.13the particular incident and nature of the conduct and the student's developmental age and
6.14behavioral history;
6.15(5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports
6.16prohibited conduct or provides information about such conduct and establish appropriate
6.17consequences for a person who engages in reprisal or retaliation;
6.18(6) allow anonymous reporting but do not rely solely on an anonymous report to
6.19determine discipline;
6.20(7) provide information about available community resources to the target, actor,
6.21and other affected individuals, as appropriate;
6.22(8) where appropriate for a child with a disability to prevent or respond to prohibited
6.23conduct, require the child's individualized education program or section 504 plan to
6.24address the skills and proficiencies the child needs to respond to or not engage in
6.25prohibited conduct;
6.26(9) use new employee training materials, the school publication on school rules,
6.27procedures, and standards of conduct, and the student handbook on school policies
6.28to publicize the policy;
6.29(10) require annual reporting, collection, and analysis of summary data on incidents
6.30of prohibited conduct and on remedial responses both to students and throughout the
6.31school; and
6.32(11) require ongoing professional development, consistent with section 122A.60,
6.33to build the skills of all school personnel and volunteers, including, but not limited to,
6.34educators, administrators, school nurses, cafeteria workers, custodians, bus drivers,
6.35athletic coaches, extracurricular activities advisors, volunteers, and paraprofessionals to
6.36identify, prevent, and appropriately address prohibited conduct.
7.1(b) Professional development under a local policy includes, but is not limited to,
7.2information about:
7.3(1) developmentally appropriate strategies both to prevent and to immediately and
7.4effectively intervene to stop prohibited conduct;
7.5(2) the complex dynamics affecting an actor, target, and witnesses to prohibited
7.6conduct;
7.7(3) research on prohibited conduct, including specific categories of students at risk
7.8for prohibited conduct in school;
7.9(4) the incidence and nature of cyberbullying; and
7.10(5) Internet safety and cyberbullying.
7.11    Subd. 5. Safe and supportive schools programming. (a) Districts and schools
7.12are encouraged to provide developmentally appropriate programmatic instruction
7.13to help students identify, prevent, and reduce prohibited conduct; value diversity in
7.14school and society; develop and improve students' knowledge and skills for solving
7.15problems, managing conflict, engaging in civil discourse, and recognizing, responding
7.16to, and reporting prohibited conduct; and make effective prevention and intervention
7.17programs available to students. Upon request, the school climate center under section
7.18127A.052 must assist a district or school in helping students understand social media
7.19and cyberbullying. Districts and schools must establish strategies for creating a positive
7.20school climate and use evidence-based social-emotional learning to prevent and reduce
7.21discrimination and other improper conduct.
7.22(b) Districts and schools are encouraged to:
7.23(1) engage all students in creating a safe and supportive school environment;
7.24(2) partner with parents and other community members to develop and implement
7.25prevention and intervention programs;
7.26(3) engage all students and adults in integrating education, intervention, and other
7.27remedial responses into the school environment;
7.28(4) train student bystanders to intervene in and report incidents of prohibited conduct
7.29to the school's primary contact person;
7.30(5) teach students to advocate for themselves and others;
7.31(6) prevent inappropriate referrals to special education of students who may engage
7.32in prohibited conduct; and
7.33(7) foster student collaborations that foster a safe and supportive school climate.
7.34    Subd. 6. State model policy. (a) The commissioner, in consultation with the
7.35commissioner of human rights, shall develop and maintain a state model policy. A district
7.36or school that does not adopt and implement a local policy under subdivisions 2 to 5
8.1must implement and may supplement the provisions of the state model policy. The
8.2commissioner must assist districts and schools under this subdivision to implement the
8.3state policy. The state model policy must:
8.4(1) define prohibited conduct, consistent with this section;
8.5(2) apply the prohibited conduct policy components in this section;
8.6(3) for a child with a disability, whenever an evaluation by an individualized
8.7education program team or a section 504 team indicates that the child's disability affects
8.8the child's social skills development or the child is vulnerable to prohibited conduct
8.9because of the child's disability, the child's individualized education program or section
8.10504 plan must address the skills and proficiencies the child needs to not engage in and
8.11respond to such conduct; and
8.12(4) encourage violence prevention and character development education programs
8.13under section 120B.232, subdivision 1.
8.14(b) The commissioner shall develop and post departmental procedures for:
8.15(1) periodically reviewing district and school programs and policies for compliance
8.16with this section;
8.17(2) investigating, reporting, and responding to noncompliance with this section,
8.18which may include an annual review of plans to improve and provide a safe and supportive
8.19school climate;
8.20(3) allowing students, parents, and educators to file a complaint about noncompliance
8.21with the commissioner; and
8.22(4) annually publishing statewide summary data on incidents of prohibited conduct,
8.23consistent with section 120B.36, subdivision 1.
8.24    (c) Department records under this subdivision are private data on individuals. An
8.25individual subject of the data shall have access to the data except that the name of a
8.26reporter is confidential.
8.27    (d) The commissioner must post on the department's Web site information indicating
8.28that when districts and schools allow noncurriculum-related student groups access to
8.29school facilities, the district or school must give all student groups equal access to the
8.30school facilities regardless of the content of the group members' speech.
8.31    Subd. 7. Relation to existing law. This section does not:
8.32(1) establish any private right of action;
8.33(2) limit rights currently available to an individual under other civil or criminal law,
8.34including, but not limited to, chapter 363A; or
8.35(3) interfere with a person's rights of religious expression and free speech and
8.36expression under the First Amendment of the Unites States Constitution.
9.1EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
9.2later.

9.3    Sec. 4. [121A.0311] NOTICE OF THE RIGHTS AND RESPONSIBILITIES
9.4OF STUDENTS AND PARENTS UNDER THE SAFE AND SUPPORTIVE
9.5MINNESOTA SCHOOLS ACT.
9.6A district or school subject to section 121A.031 must include in the student
9.7discipline policy it distributes or otherwise transmits to students and their parents annually
9.8at the beginning of each school year notice about the rights and responsibilities of students
9.9and their parents under the Safe and Supportive Minnesota Schools Act.
9.10EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
9.11later.

9.12    Sec. 5. Minnesota Statutes 2012, section 121A.55, is amended to read:
9.13121A.55 POLICIES TO BE ESTABLISHED.
9.14(a) The commissioner of education shall promulgate guidelines to assist each school
9.15board. Each school board shall to establish uniform criteria for dismissal and adopt
9.16written policies and rules to effectuate the purposes of sections 121A.031 and 121A.40 to
9.17121A.56 . The policies shall emphasize preventing dismissals through early detection of
9.18problems and shall be designed to address prevent students' inappropriate behavior from
9.19recurring. The policies shall recognize the continuing responsibility of the school for the
9.20education of to educate the pupil during the dismissal period. The alternative educational
9.21services, if the pupil wishes to take advantage of them, must be adequate to allow the
9.22pupil to make progress towards meeting the graduation standards adopted under section
9.23120B.02 and help prepare the pupil for readmission.
9.24(b) An area learning center under section 123A.05 may not prohibit an expelled or
9.25excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
9.26board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
9.27exclude a pupil or to require an admission plan.
9.28(c) Each school district shall develop a policy and report it to the commissioner on
9.29the appropriate use of peace officers and crisis teams to remove students who have an
9.30individualized education program from school grounds.
9.31EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
9.32later.

10.1    Sec. 6. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:
10.2    Subd. 1a. Effective staff development activities. (a) Staff development activities
10.3must:
10.4(1) focus on the school classroom and research-based strategies that improve student
10.5learning;
10.6(2) provide opportunities for teachers to practice and improve their instructional
10.7skills over time;
10.8(3) provide opportunities for teachers to use student data as part of their daily work
10.9to increase student achievement;
10.10(4) enhance teacher content knowledge and instructional skills, including to
10.11accommodate the delivery of digital and blended learning and curriculum and engage
10.12students with technology;
10.13(5) align with state and local academic standards;
10.14(6) provide opportunities to build professional relationships, foster collaboration
10.15among principals and staff who provide instruction, and provide opportunities for
10.16teacher-to-teacher mentoring; and
10.17(7) align with the plan of the district or site for an alternative teacher professional
10.18pay system.
10.19Staff development activities may include curriculum development and curriculum training
10.20programs, and activities that provide teachers and other members of site-based teams
10.21training to enhance team performance. The school district also may implement other
10.22staff development activities required by law and activities associated with professional
10.23teacher compensation models.
10.24(b) Release time provided for teachers to supervise students on field trips and school
10.25activities, or independent tasks not associated with enhancing the teacher's knowledge
10.26and instructional skills, such as preparing report cards, calculating grades, or organizing
10.27classroom materials, may not be counted as staff development time that is financed with
10.28staff development reserved revenue under section 122A.61.
10.29(c) Staff development activities also may include training for school counselors,
10.30school nurses, social workers, psychologists, and other mental health professionals
10.31to support students, teachers, and school administrators in implementing restorative
10.32and reparative best practices to prevent and appropriately address prohibited conduct,
10.33consistent with section 121A.031.
10.34EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
10.35later.

11.1    Sec. 7. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:
11.2    Subd. 3. Staff development outcomes. The advisory staff development committee
11.3must adopt a staff development plan for improving student achievement. The plan must
11.4be consistent with education outcomes that the school board determines. The plan
11.5must include ongoing staff development activities that contribute toward continuous
11.6improvement in achievement of the following goals:
11.7(1) improve student achievement of state and local education standards in all areas
11.8of the curriculum by using best practices methods;
11.9(2) effectively meet the needs of a diverse student population, including at-risk
11.10children, children with disabilities, and gifted children, within the regular classroom
11.11and other settings;
11.12(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
11.13student population that is consistent with the state education diversity rule and the district's
11.14education diversity plan;
11.15(4) improve staff collaboration and develop mentoring and peer coaching programs
11.16for teachers new to the school or district;
11.17(5) effectively teach and model violence prevention policy and curriculum that
11.18address early intervention alternatives, issues of harassment, train all school staff and
11.19school volunteers who regularly interact with students in best practices to create and
11.20maintain a safe and supportive learning environment, consistent with section 121A.031,
11.21and teach nonviolent alternatives for conflict resolution, including restorative and
11.22reparative processes;
11.23(6) effectively deliver digital and blended learning and curriculum and engage
11.24students with technology; and
11.25(7) provide teachers and other members of site-based management teams with
11.26appropriate management and financial management skills.
11.27EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
11.28later.

11.29    Sec. 8. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 8, is
11.30amended to read:
11.31    Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
11.32federal, state, and local health and safety requirements applicable to school districts.
11.33    (b) A school must comply with statewide accountability requirements governing
11.34standards and assessments in chapter 120B.
12.1    (c) A school authorized by a school board may be located in any district, unless the
12.2school board of the district of the proposed location disapproves by written resolution.
12.3    (d) A charter school must be nonsectarian in its programs, admission policies,
12.4employment practices, and all other operations. An authorizer may not authorize a charter
12.5school or program that is affiliated with a nonpublic sectarian school or a religious
12.6institution. A charter school student must be released for religious instruction, consistent
12.7with section 120A.22, subdivision 12, clause (3).
12.8    (e) Charter schools must not be used as a method of providing education or
12.9generating revenue for students who are being home-schooled. This paragraph does not
12.10apply to shared time aid under section 126C.19.
12.11    (f) The primary focus of a charter school must be to provide a comprehensive
12.12program of instruction for at least one grade or age group from five through 18 years
12.13of age. Instruction may be provided to people younger than five years and older than
12.1418 years of age.
12.15    (g) A charter school may not charge tuition.
12.16    (h) A charter school is subject to and must comply with chapter 363A and section
12.17121A.04 .
12.18    (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
12.19Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
12.20123B.34 to 123B.39.
12.21    (j) A charter school is subject to the same financial audits, audit procedures, and
12.22audit requirements as a district, except as required under subdivision 6a. Audits must be
12.23conducted in compliance with generally accepted governmental auditing standards, the
12.24federal Single Audit Act, if applicable, and section 6.65. A charter school is subject
12.25to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04;
12.26118A.05 ; 118A.06; 471.38; 471.391; 471.392; and 471.425. The audit must comply with
12.27the requirements of sections 123B.75 to 123B.83, except to the extent deviations are
12.28necessary because of the program at the school. Deviations must be approved by the
12.29commissioner and authorizer. The Department of Education, state auditor, legislative
12.30auditor, or authorizer may conduct financial, program, or compliance audits. A charter
12.31school determined to be in statutory operating debt under sections 123B.81 to 123B.83
12.32must submit a plan under section 123B.81, subdivision 4.
12.33    (k) A charter school is a district for the purposes of tort liability under chapter 466.
12.34    (l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
12.35subdivision 7 ; 121A.75; and 260B.171, subdivisions 3 and 5.
13.1    (m) A charter school is subject to the Pledge of Allegiance requirement under
13.2section 121A.11, subdivision 3.
13.3    (n) A charter school offering online courses or programs must comply with section
13.4124D.095 .
13.5    (o) A charter school and charter school board of directors are subject to chapter 181.
13.6    (p) A charter school must comply with section 120A.22, subdivision 7, governing
13.7the transfer of students' educational records and sections 138.163 and 138.17 governing
13.8the management of local records.
13.9    (q) A charter school that provides early childhood health and developmental
13.10screening must comply with sections 121A.16 to 121A.19.
13.11    (r) A charter school that provides school-sponsored youth athletic activities must
13.12comply with section 121A.38.
13.13    (s) A charter school is subject to and must comply with continuing truant notification
13.14under section 260A.03.
13.15(t) A charter school must develop and implement a teacher evaluation and peer
13.16review process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (12).
13.17(u) A charter school must adopt a policy, plan, budget, and process, consistent with
13.18section 120B.11, to review curriculum, instruction, and student achievement and strive
13.19for the world's best workforce.
13.20(v) A charter school must comply with section 121A.031 governing policies on
13.21prohibited conduct.
13.22EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
13.23later.

13.24    Sec. 9. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read:
13.25    Subdivision 1. Program goals. The department, in consultation with the state
13.26curriculum advisory committee, must develop guidelines and model plans for parental
13.27involvement programs that will:
13.28(1) engage the interests and talents of parents or guardians in recognizing and
13.29meeting the emotional, intellectual, and physical needs of their school-age children;
13.30(2) promote healthy self-concepts among parents or guardians and other family
13.31members;
13.32(3) offer parents or guardians a chance to share and learn about educational skills,
13.33techniques, and ideas;
13.34(4) provide creative learning experiences for parents or guardians and their
13.35school-age children, including involvement from parents or guardians of color;
14.1(5) encourage parents to actively participate in their district's curriculum advisory
14.2committee under section 120B.11 in order to assist the school board in improving
14.3children's education programs; and
14.4(6) encourage parents to help in promoting school desegregation/integration; and
14.5(7) partner with parents in establishing a positive school climate by developing
14.6and implementing prevention and intervention programs on prohibited conduct under
14.7section 121A.031.
14.8EFFECTIVE DATE.This section is effective the day following final enactment.

14.9    Sec. 10. Minnesota Statutes 2012, section 124D.8955, is amended to read:
14.10124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.
14.11    (a) In order to promote and support student achievement, a local school board is
14.12encouraged to formally adopt and implement a parent and family involvement policy that
14.13promotes and supports:
14.14    (1) communication between home and school that is regular, two-way, and
14.15meaningful;
14.16    (2) parenting skills;
14.17    (3) parents and caregivers who play an integral role in assisting student learning and
14.18learn about fostering students' academic success and learning at home and school;
14.19    (4) welcoming parents in the school and seeking their support and assistance;
14.20    (5) partnerships with parents in the decisions that affect children and families
14.21in the schools; and
14.22    (6) providing community resources to strengthen schools, families, and student
14.23learning, including establishing a safe and supportive school climate by developing and
14.24implementing prevention and intervention programs on prohibited conduct under section
14.25121A.031.
14.26    (b) A school board that implements a parent and family involvement policy under
14.27paragraph (a) must convene an advisory committee composed of an equal number of
14.28resident parents who are not district employees and school staff to make recommendations
14.29to the board on developing and evaluating the board's parent and family involvement
14.30policy. If possible, the advisory committee must represent the diversity of the district. The
14.31advisory committee must consider the district's demographic diversity and barriers to
14.32parent involvement when developing its recommendations. The advisory committee must
14.33recommend to the school board and district or school how programs serving children and
14.34adolescents can collaborate on:
15.1(1) understanding child and adolescent development;
15.2(2) encouraging healthy communication between parents and children;
15.3(3) managing students' behavior through positive reinforcement;
15.4(4) establishing expectations for student behavior;
15.5(5) providing media and Internet guidance, limits, and supervision; and
15.6(6) promoting resilience and reducing risks for children.
15.7The advisory committee must present its recommendations to the board for board
15.8consideration.
15.9    (c) The board must consider best practices when implementing this policy.
15.10    (d) The board periodically must review this policy to determine whether it is aligned
15.11with the most current research findings on parent involvement policies and practices and
15.12how effective the policy is in supporting increased student achievement.
15.13    (e) Nothing in this section obligates a school district to exceed any parent or family
15.14involvement requirement under federal law.
15.15EFFECTIVE DATE.This section is effective the day following final enactment.

15.16    Sec. 11. Minnesota Statutes 2012, section 125B.15, is amended to read:
15.17125B.15 INTERNET ACCESS FOR STUDENTS.
15.18    (a) Recognizing the difference between school libraries, school computer labs, and
15.19school media centers, which serve unique educational purposes, and public libraries,
15.20which are designed for public inquiry, all computers at a school site with access to the
15.21Internet available for student use must be equipped to restrict, including by use of
15.22available software filtering technology or other effective methods, all student access
15.23to material that is reasonably believed to be obscene or child pornography or material
15.24harmful to minors under federal or state law.
15.25    (b) A school site is not required to purchase filtering technology if the school site
15.26would incur more than incidental expense in making the purchase.
15.27    (c) A school district receiving technology revenue under section 125B.26 must
15.28prohibit, including through use of available software filtering technology or other effective
15.29methods, adult access to material that under federal or state law is reasonably believed to
15.30be obscene or child pornography.
15.31    (d) A school district, its agents or employees, are immune from liability for failure
15.32to comply with this section if they have made a good faith effort to comply with the
15.33requirements of this section.
16.1    (e) "School site" means an education site as defined in section 123B.04, subdivision
16.21 , or charter school under section 124D.10.
16.3    (f) All school sites having computers with Internet access must adopt and implement
16.4a policy to prohibit cyberbullying, consistent with section 121A.031.
16.5EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
16.6later.

16.7    Sec. 12. [127A.051] SCHOOL CLIMATE COUNCIL.
16.8    Subdivision 1. Establishment and membership; terms. (a) A 24-member
16.9multiagency leadership council is established to improve school climate and school
16.10safety so that all Minnesota students in prekindergarten through grade 12 schools and
16.11higher education institutions have a safe and supportive learning environment in order to
16.12maximize each student's learning potential.
16.13(b) The council shall consist of:
16.14(1) the commissioners or their designees from the Departments of Education,
16.15Health, Human Rights, Human Services, Public Safety, and Corrections, and the Office of
16.16Higher Education;
16.17(2) one representative each from the Board of Teaching, Board of School
16.18Administrators, Minnesota School Boards Association, Elementary School Principals
16.19Association, Association of Secondary School Principals, and Education Minnesota as
16.20selected by each organization;
16.21(3) two representatives each of student support personnel, parents, and students as
16.22selected by the commissioner of education;
16.23(4) two representatives of local law enforcement as selected by the commissioner of
16.24public safety;
16.25(5) two representatives of the judicial branch as selected by the chief justice of
16.26the Supreme Court; and
16.27(6) one charter school representative selected by the Minnesota Association of
16.28Charter Schools.
16.29(c) A member serves at the pleasure of their appointing authority and continues
16.30to serve until their successor is appointed.
16.31    Subd. 2. Duties. The council must provide leadership for the following activities:
16.32(1) establishment of norms and standards for prevention, intervention, and support
16.33around issues of prohibited conduct;
16.34(2) advancement of evidence-based policy and best practices to improve school
16.35climate and promote school safety; and
17.1(3) development and dissemination of resources and training for schools and
17.2communities about issues of prohibited conduct under section 121A.031, and other school
17.3safety-related issues.
17.4    Subd. 3. Meetings; chair. The commissioner of education must convene the first
17.5meeting of the council by October 1, 2013, and must serve as chair. The council must meet
17.6at least one time per year. The council does not need a quorum to conduct its meetings.
17.7    Subd. 4. Compensation. Council members are not eligible for compensation or
17.8reimbursement for expenses related to council activities.
17.9    Subd. 5. Support. The Department of Education and the Department of Public
17.10Safety must provide technical assistance to council members upon request. The council,
17.11upon request, must consult with the school climate center and the school safety center.
17.12    Subd. 6. Reporting. The council must report its activities annually by October 1,
17.13to the commissioner of education. The Department of Education must post the council's
17.14meeting notices and other relevant information regarding its duties on the agency's Web site.
17.15    Subd. 7. Expiration. The school climate council does not expire.

17.16    Sec. 13. [127A.052] SCHOOL CLIMATE CENTER.
17.17(a) The commissioner shall establish a school climate center at the department to
17.18help districts and schools under section 121A.031 provide a safe and supportive learning
17.19environment and foster academic achievement for all students by focusing on prevention,
17.20intervention, support, and recovery efforts to develop and maintain safe and supportive
17.21schools. The center must work collaboratively with implicated state agencies identified
17.22by the center and schools, communities, and interested individuals and organizations to
17.23determine how to best use available resources.
17.24(b) The center's services shall include:
17.25(1) evidence-based policy review, development, and dissemination;
17.26(2) single, point-of-contact services designed for schools, parents, and students
17.27seeking information or other help;
17.28(3) qualitative and quantitative data gathering, interpretation, and dissemination of
17.29summary data for existing reporting systems and student surveys and the identification
17.30and pursuit of emerging trends and issues;
17.31(4) assistance to districts and schools in using Minnesota student survey results to
17.32inform intervention and prevention programs;
17.33(5) education and skill building;
17.34(6) multisector and multiagency planning and advisory activities incorporating
17.35best practices and research; and
18.1(7) administrative and financial support for school and district planning, schools
18.2recovering from incidents of violence, and school and district violence prevention
18.3education.
18.4(c) The center shall:
18.5(1) compile and make available to all districts and schools evidence-based elements
18.6and resources to develop and maintain safe and supportive schools;
18.7(2) establish and maintain a central repository for collecting and analyzing
18.8information about prohibited conduct under section 121A.031, including, but not limited to:
18.9(i) training materials on strategies and techniques to prevent and appropriately
18.10address prohibited conduct under section 121A.031;
18.11(ii) model programming;
18.12(iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph
18.13(f); and
18.14(iv) other resources for improving the school climate and preventing prohibited
18.15conduct under section 121A.031;
18.16(3) assist districts and schools to develop strategies and techniques for effectively
18.17communicating with and engaging parents in efforts to protect and deter students from
18.18prohibited conduct under section 121A.031; and
18.19(4) solicit input from social media experts on implementing this section.
18.20(d) The commissioner shall provide administrative services including personnel,
18.21budget, payroll and contract services, and staff support for center activities including
18.22developing and disseminating materials, providing seminars, and developing and
18.23maintaining a Web site. Center staff shall include a center director, a data analyst
18.24coordinator, and trainers who provide training to affected state and local organizations
18.25under a fee-for-service agreement. The financial, administrative, and staff support the
18.26commissioner provides under this section must be based on an annual budget and work
18.27program developed by the center and submitted to the commissioner by the center director.
18.28(e) School climate center staff may consult with school safety center staff at the
18.29Department of Public Safety in providing services under this section.
18.30EFFECTIVE DATE.This section is effective beginning July 1, 2013.

18.31    Sec. 14. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read:
18.32    Subd. 2. Violations of law. The commissioner may reduce or withhold the district's
18.33state aid for any school year whenever the board of the district authorizes or permits
18.34violations of law within the district by:
19.1(1) employing a teacher who does not hold a valid teaching license or permit in a
19.2public school;
19.3(2) noncompliance with a mandatory rule of general application promulgated by the
19.4commissioner in accordance with statute, unless special circumstances make enforcement
19.5inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
19.6the district's best interests;
19.7(3) the district's continued performance of a contract made for the rental of rooms
19.8or buildings for school purposes or for the rental of any facility owned or operated by or
19.9under the direction of any private organization, if the contract has been disapproved, the
19.10time for review of the determination of disapproval has expired, and no proceeding for
19.11review is pending;
19.12(4) any practice which is a violation of sections 1 and 2 of article 13 of the
19.13Constitution of the state of Minnesota;
19.14(5) failure to reasonably provide for a resident pupil's school attendance under
19.15Minnesota Statutes;
19.16(6) noncompliance with state laws prohibiting discrimination because of race, color,
19.17creed, religion, national origin, sex, sexual orientation, gender identity and expression,
19.18 age, marital status, status with regard to public assistance or, disability, as defined in
19.19sections 363A.08 to 363A.19 and 363A.28, subdivision 10, or noncompliance with
19.20prohibited conduct under section 121A.031; or
19.21(7) using funds contrary to the statutory purpose of the funds.
19.22The reduction or withholding must be made in the amount and upon the procedure
19.23provided in this section, or, in the case of the violation stated in clause (1), upon the
19.24procedure provided in section 127A.43.
19.25EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
19.26later.

19.27    Sec. 15. REPEALER.
19.28Minnesota Statutes 2012, sections 121A.03; and 121A.0695, are repealed effective
19.29July 1, 2013.