HF 826

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/14/2013 08:20pm

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
1.4120B.36, subdivision 1; 121A.55; 122A.60, subdivisions 1a, 3; 124D.10,
1.5subdivision 8; 124D.895, subdivision 1; 124D.8955; 125B.15; 127A.42,
1.6subdivision 2; proposing coding for new law in Minnesota Statutes, chapters
1.7121A; 127A; repealing Minnesota Statutes 2012, sections 121A.03; 121A.0695.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

1.23    Sec. 2. Minnesota Statutes 2012, section 120B.36, subdivision 1, is amended to read:
2.1    Subdivision 1. School performance report cards. (a) The commissioner
2.2shall report student academic performance under section 120B.35, subdivision 2; the
2.3percentages of students showing low, medium, and high growth under section 120B.35,
2.4subdivision 3 , paragraph (b); school safety and student engagement and connection
2.5under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section
2.6120B.35, subdivision 3 , paragraph (c); two separate student-to-teacher ratios that clearly
2.7indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for
2.8purposes of determining these ratios; staff characteristics excluding salaries; student
2.9enrollment demographics; district mobility; summary data on incidents of prohibited
2.10conduct and remedial responses to the incidents under section 121A.031, subdivision 4,
2.11paragraph (a), clause (10); and extracurricular activities. The report also must indicate
2.12a school's adequate yearly progress status, and must not set any designations applicable
2.13to high- and low-performing schools due solely to adequate yearly progress status. The
2.14commissioner must use the summary data on prohibited conduct reported under section
2.15121A.031, subdivision 4, paragraph (a), clause (10), to inform the work of the school
2.16climate center under section 127A.052 and to assist districts and schools in improving
2.17the educational outcomes of all students and specific categories of students affected by
2.18such prohibited conduct.
2.19    (b) The commissioner shall develop, annually update, and post on the department
2.20Web site school performance report cards.
2.21    (c) The commissioner must make available performance report cards by the
2.22beginning of each school year.
2.23    (d) A school or district may appeal its adequate yearly progress status in writing to
2.24the commissioner within 30 days of receiving the notice of its status. The commissioner's
2.25decision to uphold or deny an appeal is final.
2.26    (e) School performance report card data are nonpublic data under section 13.02,
2.27subdivision 9 , until the commissioner publicly releases the data. The commissioner shall
2.28annually post school performance report cards to the department's public Web site no later
2.29than September 1, except that in years when the report card reflects new performance
2.30standards, the commissioner shall post the school performance report cards no later than
2.31October 1.
2.32EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
2.33later.

2.34    Sec. 3. [121A.031] SCHOOL STUDENT BULLYING POLICY.
3.1    Subdivision 1. Student bullying policy; scope and application. (a) This section
3.2applies to bullying by a student against another student attending or enrolled in the same
3.3school which occurs:
3.4(1) on the school premises, at the school functions or activities, or on the school
3.5transportation;
3.6(2) by use of electronic technology and communications on the school premises,
3.7during the school functions or activities, on the school transportation, or on the school
3.8computers, networks, forums, and mailing lists; or
3.9(3) by use of electronic technology and communications off the school premises
3.10to the extent such use is reasonably foreseeable to substantially and materially disrupt
3.11student learning or the school environment.
3.12(b) "District" under this section means a district as defined in section 120A.05,
3.13subdivision 8. "School" under this section means a public school as defined in section
3.14120A.05, subdivisions 9, 11, 13, and 17, and a charter school formed under section
3.15124D.10. "Student" under this section means a person enrolled in and attending a school
3.16as defined under this paragraph.
3.17(c) A nonpublic school under section 123B.41, subdivision 9, consistent with its
3.18school accreditation cycle, is encouraged to electronically transmit to the commissioner its
3.19antibullying policy, if any, and any summary data on its bullying incidents.
3.20(d) This section does not apply to a home school under sections 120A.22,
3.21subdivision 4, and 120A.24.
3.22    Subd. 2. Local district and school policy. (a) Districts and schools, in consultation
3.23with students, parents, and community organizations, shall adopt, implement, and annually
3.24review, and revise where appropriate, a written policy to prevent and prohibit student
3.25bullying consistent with this section. The policy must conform with sections 121A.41 to
3.26121A.56. A district or school must adopt and implement a local policy under subdivisions
3.272 to 5 or comply with the provisions of the state model policy in subdivision 6.
3.28(b) Each local district and school policy must establish research-based,
3.29developmentally appropriate best practices that include preventive and remedial measures
3.30and effective discipline for deterring policy violations; apply throughout the school or
3.31district; and foster active student, parent, and community participation. A district or
3.32school may request assistance from the school climate center under section 127A.052 in
3.33complying with local policy requirements. The policy shall:
3.34(1) apply to all students, school personnel, and volunteers;
3.35(2) specifically list the characteristics contained in subdivision 3, paragraph (d);
3.36(3) emphasize remedial responses over punitive measures;
4.1(4) be conspicuously posted throughout the school building;
4.2(5) be given to each school employee and independent contractor, if a contractor
4.3regularly interacts with students, at the time of employment with the district or school;
4.4(6) be included in the student handbook on school policies; and
4.5(7) be available to all parents and other school community members in accessible
4.6languages and format on the district or school Web site.
4.7    (c) Each district and school under this subdivision must discuss its policy with
4.8students, school personnel, and volunteers and provide training for all school personnel
4.9and volunteers to prevent, identify, and appropriately respond to prohibited conduct.
4.10Districts and schools must establish a training cycle, not to exceed a period of three
4.11school years, for school personnel and volunteers under this paragraph. Newly employed
4.12school personnel and new volunteers must receive the training within the first year of
4.13their employment with or volunteer service to the district or school. A district or school
4.14administrator may accelerate the training cycle or provide additional training based on a
4.15particular need or circumstance.
4.16    (d) Each district and school under this subdivision must submit an electronic copy of
4.17its prohibited conduct policy to the commissioner.
4.18    Subd. 3. Definitions. (a) The terms defined in this subdivision have the meanings
4.19given them for purposes of this section.
4.20(b) "Bullying" means intimidating, threatening, abusive, or harassing conduct that is
4.21objectively offensive and:
4.22(1) causes physical harm to a student or a student's property or causes a student to be
4.23in reasonable fear of harm to person or property;
4.24(2) materially and substantially interferes with a student's educational opportunities
4.25or performance or ability to participate in the school functions or activities or receive
4.26the school benefits, services, or privileges;
4.27(3) under Minnesota common law, violates a student's reasonable expectation
4.28of privacy, defames a student, or constitutes intentional infliction of emotional distress
4.29against a student; or
4.30(4) materially and substantially disrupts the work and discipline of the school.
4.31(c) "Cyberbullying" means bullying using technology or other electronic
4.32communication, including, but not limited to, a transfer of a sign, signal, writing, image,
4.33sound, or data, including a post on a social network Internet Web site or forum, transmitted
4.34through a computer, cell phone, or other electronic device.
4.35(d) Intimidating, threatening, abusive, or harassing conduct may involve, but is not
4.36limited to, conduct that is directed at a student or students based on a person's actual or
5.1perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex,
5.2age, marital status, familial status, socioeconomic status, physical appearance, sexual
5.3orientation, gender identity and expression, academic status, disability, or status with
5.4regard to public assistance, age, or any additional characteristic defined in chapter 363A.
5.5However, prohibited conduct need not be based on any particular characteristic defined in
5.6this paragraph or chapter 363A.
5.7(e) "Prohibited conduct" means bullying or cyberbullying as defined under this
5.8subdivision or retaliation for asserting, alleging, reporting, or providing information about
5.9such conduct.
5.10(f) "Remedial response" means a measure to stop and correct prohibited conduct,
5.11prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of
5.12the student who is the target of the prohibited conduct. Districts and schools may seek the
5.13assistance of the school climate center under section 127A.052 to develop and implement
5.14remedial responses on behalf of a student who is the target of prohibited conduct, to
5.15stop and correct a student engaging in prohibited conduct, and for use with students and
5.16adults in the school community. Districts and schools need not report the use of remedial
5.17responses when their use is unrelated to any particular incident of prohibited conduct.
5.18    Subd. 4. Local policy components. (a) Each district and school policy implemented
5.19under this section must, at a minimum:
5.20(1) designate a staff member as the primary contact person in the school building
5.21to receive reports of prohibited conduct under clause (3), ensure the policy and its
5.22procedures including restorative practices, consequences, and sanctions are fairly and
5.23fully implemented, and serve as the primary contact on policy and procedural matters
5.24implicating both the district or school and the department;
5.25(2) require school employees and trained volunteers who witness prohibited conduct
5.26or possess reliable information that would lead a reasonable person to suspect that a
5.27student is a target of prohibited conduct to make reasonable efforts to address and resolve
5.28the prohibited conduct;
5.29(3) provide a procedure to promptly investigate reports of prohibited conduct within
5.30three school days of the report, and make the primary contact person responsible for the
5.31investigation and any resulting record and for keeping and regulating access to any record;
5.32(4) indicate how a school will respond to an identified incident of prohibited
5.33conduct, including immediately intervening to protect the target of the prohibited conduct;
5.34at the school administrator's discretion and consistent with state and federal data practices
5.35law governing access to data, notifying the parent of the reported target of the prohibited
5.36conduct and the parent of the actor engaged in the prohibited conduct, or law enforcement
6.1officials or officials of a park and recreation public agency that has adopted a policy
6.2substantially similar to the requirements of section 121A.031 and provides training to
6.3those who have regular contact with youth patrons and personnel who have access to
6.4private data on youth patrons; providing other remedial responses to the prohibited
6.5conduct; and ensuring that remedial responses are tailored to the particular incident and
6.6nature of the conduct and the student's developmental age and behavioral history;
6.7(5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports
6.8prohibited conduct or provides information about such conduct and establish appropriate
6.9consequences for a person who engages in reprisal or retaliation;
6.10(6) allow anonymous reporting but do not rely solely on an anonymous report to
6.11determine discipline;
6.12(7) provide information about available community resources to the target, actor,
6.13and other affected individuals, as appropriate;
6.14(8) where appropriate for a child with a disability to prevent or respond to prohibited
6.15conduct, require the child's individualized education program or section 504 plan to
6.16address the skills and proficiencies the child needs to respond to or not engage in
6.17prohibited conduct;
6.18(9) use new employee training materials, the school publication on school rules,
6.19procedures, and standards of conduct, and the student handbook on school policies
6.20to publicize the policy;
6.21(10) require annual reporting, collection, and analysis of summary data on incidents
6.22of prohibited conduct and on remedial responses both to students and throughout the
6.23school; and
6.24(11) require ongoing professional development, consistent with section 122A.60,
6.25to build the skills of all school personnel and volunteers, including, but not limited to,
6.26educators, administrators, school nurses, cafeteria workers, custodians, bus drivers,
6.27athletic coaches, extracurricular activities advisors, volunteers, and paraprofessionals to
6.28identify, prevent, and appropriately address prohibited conduct.
6.29(b) Professional development under a local policy includes, but is not limited to,
6.30information about:
6.31(1) developmentally appropriate strategies both to prevent and to immediately and
6.32effectively intervene to stop prohibited conduct;
6.33(2) the complex dynamics affecting an actor, target, and witnesses to prohibited
6.34conduct;
6.35(3) research on prohibited conduct, including specific categories of students at risk
6.36for prohibited conduct in school;
7.1(4) the incidence and nature of cyberbullying; and
7.2(5) Internet safety and cyberbullying.
7.3    Subd. 5. Safe and supportive schools programming. (a) Districts and schools
7.4are encouraged to provide developmentally appropriate programmatic instruction
7.5to help students identify, prevent, and reduce prohibited conduct; value diversity in
7.6school and society; develop and improve students' knowledge and skills for solving
7.7problems, managing conflict, engaging in civil discourse, and recognizing, responding
7.8to, and reporting prohibited conduct; and make effective prevention and intervention
7.9programs available to students. Upon request, the school climate center under section
7.10127A.052 must assist a district or school in helping students understand social media
7.11and cyberbullying. Districts and schools must establish strategies for creating a positive
7.12school climate and use evidence-based social-emotional learning to prevent and reduce
7.13discrimination and other improper conduct.
7.14(b) Districts and schools are encouraged to:
7.15(1) engage all students in creating a safe and supportive school environment;
7.16(2) partner with parents and other community members to develop and implement
7.17prevention and intervention programs;
7.18(3) engage all students and adults in integrating education, intervention, and other
7.19remedial responses into the school environment;
7.20(4) train student bystanders to intervene in and report incidents of prohibited conduct
7.21to the school's primary contact person;
7.22(5) teach students to advocate for themselves and others;
7.23(6) prevent inappropriate referrals to special education of students who may engage
7.24in prohibited conduct; and
7.25(7) foster student collaborations that foster a safe and supportive school climate.
7.26    Subd. 6. State model policy. (a) The commissioner, in consultation with the
7.27commissioner of human rights, shall develop and maintain a state model policy. A district
7.28or school that does not adopt and implement a local policy under subdivisions 2 to 5
7.29must implement and may supplement the provisions of the state model policy. The
7.30commissioner must assist districts and schools under this subdivision to implement the
7.31state policy. The state model policy must:
7.32(1) define prohibited conduct, consistent with this section;
7.33(2) apply the prohibited conduct policy components in this section;
7.34(3) for a child with a disability, whenever an evaluation by an individualized
7.35education program team or a section 504 team indicates that the child's disability affects
7.36the child's social skills development or the child is vulnerable to prohibited conduct
8.1because of the child's disability, the child's individualized education program or section
8.2504 plan must address the skills and proficiencies the child needs to not engage in and
8.3respond to such conduct; and
8.4(4) encourage violence prevention and character development education programs
8.5under section 120B.232, subdivision 1.
8.6(b) The commissioner shall develop and post departmental procedures for:
8.7(1) periodically reviewing district and school programs and policies for compliance
8.8with this section;
8.9(2) investigating, reporting, and responding to noncompliance with this section,
8.10which may include an annual review of plans to improve and provide a safe and supportive
8.11school climate;
8.12(3) allowing students, parents, and educators to file a complaint about noncompliance
8.13with the commissioner; and
8.14(4) annually publishing statewide summary data on incidents of prohibited conduct,
8.15consistent with section 120B.36, subdivision 1.
8.16    (c) Department records under this subdivision are private data on individuals. An
8.17individual subject of the data shall have access to the data except that the name of a
8.18reporter is confidential.
8.19    (d) The commissioner must post on the department's Web site information indicating
8.20that when districts and schools allow noncurriculum-related student groups access to
8.21school facilities, the district or school must give all student groups equal access to the
8.22school facilities regardless of the content of the group members' speech.
8.23    Subd. 7. Relation to existing law. This section does not:
8.24(1) establish any private right of action;
8.25(2) limit rights currently available to an individual under other civil or criminal law,
8.26including, but not limited to, chapter 363A; or
8.27(3) interfere with a person's rights of religious expression and free speech and
8.28expression under the First Amendment of the Unites States Constitution.
8.29EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
8.30later.

8.31    Sec. 4. Minnesota Statutes 2012, section 121A.55, is amended to read:
8.32121A.55 POLICIES TO BE ESTABLISHED.
8.33(a) The commissioner of education shall promulgate guidelines to assist each school
8.34board. Each school board shall to establish uniform criteria for dismissal and adopt
9.1written policies and rules to effectuate the purposes of sections 121A.031 and 121A.40 to
9.2121A.56 . The policies shall emphasize preventing dismissals through early detection of
9.3problems and shall be designed to address prevent students' inappropriate behavior from
9.4recurring. The policies shall recognize the continuing responsibility of the school for the
9.5education of to educate the pupil during the dismissal period. The alternative educational
9.6services, if the pupil wishes to take advantage of them, must be adequate to allow the
9.7pupil to make progress towards meeting the graduation standards adopted under section
9.8120B.02 and help prepare the pupil for readmission.
9.9(b) An area learning center under section 123A.05 may not prohibit an expelled or
9.10excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
9.11board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
9.12exclude a pupil or to require an admission plan.
9.13(c) Each school district shall develop a policy and report it to the commissioner on
9.14the appropriate use of peace officers and crisis teams to remove students who have an
9.15individualized education program from school grounds.
9.16EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
9.17later.

9.18    Sec. 5. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:
9.19    Subd. 1a. Effective staff development activities. (a) Staff development activities
9.20must:
9.21(1) focus on the school classroom and research-based strategies that improve student
9.22learning;
9.23(2) provide opportunities for teachers to practice and improve their instructional
9.24skills over time;
9.25(3) provide opportunities for teachers to use student data as part of their daily work
9.26to increase student achievement;
9.27(4) enhance teacher content knowledge and instructional skills, including to
9.28accommodate the delivery of digital and blended learning and curriculum and engage
9.29students with technology;
9.30(5) align with state and local academic standards;
9.31(6) provide opportunities to build professional relationships, foster collaboration
9.32among principals and staff who provide instruction, and provide opportunities for
9.33teacher-to-teacher mentoring; and
9.34(7) align with the plan of the district or site for an alternative teacher professional
9.35pay system.
10.1Staff development activities may include curriculum development and curriculum training
10.2programs, and activities that provide teachers and other members of site-based teams
10.3training to enhance team performance. The school district also may implement other
10.4staff development activities required by law and activities associated with professional
10.5teacher compensation models.
10.6(b) Release time provided for teachers to supervise students on field trips and school
10.7activities, or independent tasks not associated with enhancing the teacher's knowledge
10.8and instructional skills, such as preparing report cards, calculating grades, or organizing
10.9classroom materials, may not be counted as staff development time that is financed with
10.10staff development reserved revenue under section 122A.61.
10.11(c) Staff development activities also may include training for school counselors,
10.12school nurses, social workers, psychologists, and other mental health professionals
10.13to support students, teachers, and school administrators in implementing restorative
10.14and reparative best practices to prevent and appropriately address prohibited conduct,
10.15consistent with section 121A.031.
10.16EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
10.17later.

10.18    Sec. 6. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:
10.19    Subd. 3. Staff development outcomes. The advisory staff development committee
10.20must adopt a staff development plan for improving student achievement. The plan must
10.21be consistent with education outcomes that the school board determines. The plan
10.22must include ongoing staff development activities that contribute toward continuous
10.23improvement in achievement of the following goals:
10.24(1) improve student achievement of state and local education standards in all areas
10.25of the curriculum by using best practices methods;
10.26(2) effectively meet the needs of a diverse student population, including at-risk
10.27children, children with disabilities, and gifted children, within the regular classroom
10.28and other settings;
10.29(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
10.30student population that is consistent with the state education diversity rule and the district's
10.31education diversity plan;
10.32(4) improve staff collaboration and develop mentoring and peer coaching programs
10.33for teachers new to the school or district;
10.34(5) effectively teach and model violence prevention policy and curriculum that
10.35address early intervention alternatives, issues of harassment, train all school staff and
11.1school volunteers who regularly interact with students in best practices to create and
11.2maintain a safe and supportive learning environment, consistent with section 121A.031,
11.3and teach nonviolent alternatives for conflict resolution, including restorative and
11.4reparative processes;
11.5(6) effectively deliver digital and blended learning and curriculum and engage
11.6students with technology; and
11.7(7) provide teachers and other members of site-based management teams with
11.8appropriate management and financial management skills.
11.9EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
11.10later.

11.11    Sec. 7. Minnesota Statutes 2012, section 124D.10, subdivision 8, is amended to read:
11.12    Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
11.13federal, state, and local health and safety requirements applicable to school districts.
11.14    (b) A school must comply with statewide accountability requirements governing
11.15standards and assessments in chapter 120B.
11.16    (c) A school authorized by a school board may be located in any district, unless the
11.17school board of the district of the proposed location disapproves by written resolution.
11.18    (d) A charter school must be nonsectarian in its programs, admission policies,
11.19employment practices, and all other operations. An authorizer may not authorize a charter
11.20school or program that is affiliated with a nonpublic sectarian school or a religious
11.21institution. A charter school student must be released for religious instruction, consistent
11.22with section 120A.22, subdivision 12, clause (3).
11.23    (e) Charter schools must not be used as a method of providing education or
11.24generating revenue for students who are being home-schooled. This paragraph does not
11.25apply to shared time aid under section 126C.19.
11.26    (f) The primary focus of a charter school must be to provide a comprehensive
11.27program of instruction for at least one grade or age group from five through 18 years
11.28of age. Instruction may be provided to people younger than five years and older than
11.2918 years of age.
11.30    (g) A charter school may not charge tuition.
11.31    (h) A charter school is subject to and must comply with chapter 363A and section
11.32121A.04 .
11.33    (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
11.34Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
11.35123B.34 to 123B.39.
12.1    (j) A charter school is subject to the same financial audits, audit procedures, and
12.2audit requirements as a district. Audits must be conducted in compliance with generally
12.3accepted governmental auditing standards, the federal Single Audit Act, if applicable,
12.4and section 6.65. A charter school is subject to and must comply with sections 15.054;
12.5118A.01 ; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and
12.6471.425 . The audit must comply with the requirements of sections 123B.75 to 123B.83,
12.7except to the extent deviations are necessary because of the program at the school.
12.8Deviations must be approved by the commissioner and authorizer. The Department of
12.9Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
12.10or compliance audits. A charter school determined to be in statutory operating debt under
12.11sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.
12.12    (k) A charter school is a district for the purposes of tort liability under chapter 466.
12.13    (l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
12.14subdivision 7 ; 121A.75; and 260B.171, subdivisions 3 and 5.
12.15    (m) A charter school is subject to the Pledge of Allegiance requirement under
12.16section 121A.11, subdivision 3.
12.17    (n) A charter school offering online courses or programs must comply with section
12.18124D.095 .
12.19    (o) A charter school and charter school board of directors are subject to chapter 181.
12.20    (p) A charter school must comply with section 120A.22, subdivision 7, governing
12.21the transfer of students' educational records and sections 138.163 and 138.17 governing
12.22the management of local records.
12.23    (q) A charter school that provides early childhood health and developmental
12.24screening must comply with sections 121A.16 to 121A.19.
12.25(r) A charter school that provides school-sponsored youth athletic activities must
12.26comply with section 121A.38.
12.27(s) A charter school must comply with section 121A.031 governing policies on
12.28prohibited conduct.
12.29EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
12.30later.

12.31    Sec. 8. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read:
12.32    Subdivision 1. Program goals. The department, in consultation with the state
12.33curriculum advisory committee, must develop guidelines and model plans for parental
12.34involvement programs that will:
13.1(1) engage the interests and talents of parents or guardians in recognizing and
13.2meeting the emotional, intellectual, and physical needs of their school-age children;
13.3(2) promote healthy self-concepts among parents or guardians and other family
13.4members;
13.5(3) offer parents or guardians a chance to share and learn about educational skills,
13.6techniques, and ideas;
13.7(4) provide creative learning experiences for parents or guardians and their
13.8school-age children, including involvement from parents or guardians of color;
13.9(5) encourage parents to actively participate in their district's curriculum advisory
13.10committee under section 120B.11 in order to assist the school board in improving
13.11children's education programs; and
13.12(6) encourage parents to help in promoting school desegregation/integration; and
13.13(7) partner with parents in establishing a positive school climate by developing
13.14and implementing prevention and intervention programs on prohibited conduct under
13.15section 121A.031.
13.16EFFECTIVE DATE.This section is effective the day following final enactment.

13.17    Sec. 9. Minnesota Statutes 2012, section 124D.8955, is amended to read:
13.18124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.
13.19    (a) In order to promote and support student achievement, a local school board is
13.20encouraged to formally adopt and implement a parent and family involvement policy that
13.21promotes and supports:
13.22    (1) communication between home and school that is regular, two-way, and
13.23meaningful;
13.24    (2) parenting skills;
13.25    (3) parents and caregivers who play an integral role in assisting student learning and
13.26learn about fostering students' academic success and learning at home and school;
13.27    (4) welcoming parents in the school and seeking their support and assistance;
13.28    (5) partnerships with parents in the decisions that affect children and families
13.29in the schools; and
13.30    (6) providing community resources to strengthen schools, families, and student
13.31learning, including establishing a safe and supportive school climate by developing and
13.32implementing prevention and intervention programs on prohibited conduct under section
13.33121A.031.
14.1    (b) A school board that implements a parent and family involvement policy under
14.2paragraph (a) must convene an advisory committee composed of an equal number of
14.3resident parents who are not district employees and school staff to make recommendations
14.4to the board on developing and evaluating the board's parent and family involvement
14.5policy. If possible, the advisory committee must represent the diversity of the district. The
14.6advisory committee must consider the district's demographic diversity and barriers to
14.7parent involvement when developing its recommendations. The advisory committee must
14.8recommend to the school board and district or school how programs serving children and
14.9adolescents can collaborate on:
14.10(1) understanding child and adolescent development;
14.11(2) encouraging healthy communication between parents and children;
14.12(3) managing students' behavior through positive reinforcement;
14.13(4) establishing expectations for student behavior;
14.14(5) providing media and Internet guidance, limits, and supervision; and
14.15(6) promoting resilience and reducing risks for children.
14.16The advisory committee must present its recommendations to the board for board
14.17consideration.
14.18    (c) The board must consider best practices when implementing this policy.
14.19    (d) The board periodically must review this policy to determine whether it is aligned
14.20with the most current research findings on parent involvement policies and practices and
14.21how effective the policy is in supporting increased student achievement.
14.22    (e) Nothing in this section obligates a school district to exceed any parent or family
14.23involvement requirement under federal law.
14.24EFFECTIVE DATE.This section is effective the day following final enactment.

14.25    Sec. 10. Minnesota Statutes 2012, section 125B.15, is amended to read:
14.26125B.15 INTERNET ACCESS FOR STUDENTS.
14.27    (a) Recognizing the difference between school libraries, school computer labs, and
14.28school media centers, which serve unique educational purposes, and public libraries,
14.29which are designed for public inquiry, all computers at a school site with access to the
14.30Internet available for student use must be equipped to restrict, including by use of
14.31available software filtering technology or other effective methods, all student access
14.32to material that is reasonably believed to be obscene or child pornography or material
14.33harmful to minors under federal or state law.
15.1    (b) A school site is not required to purchase filtering technology if the school site
15.2would incur more than incidental expense in making the purchase.
15.3    (c) A school district receiving technology revenue under section 125B.26 must
15.4prohibit, including through use of available software filtering technology or other effective
15.5methods, adult access to material that under federal or state law is reasonably believed to
15.6be obscene or child pornography.
15.7    (d) A school district, its agents or employees, are immune from liability for failure
15.8to comply with this section if they have made a good faith effort to comply with the
15.9requirements of this section.
15.10    (e) "School site" means an education site as defined in section 123B.04, subdivision
15.111 , or charter school under section 124D.10.
15.12    (f) All school sites having computers with Internet access must adopt and implement
15.13a policy to prohibit cyberbullying, consistent with section 121A.031.
15.14EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
15.15later.

15.16    Sec. 11. [127A.051] SCHOOL CLIMATE COUNCIL.
15.17    Subdivision 1. Establishment and membership; terms. (a) A 24-member
15.18multiagency leadership council is established to improve school climate and school
15.19safety so that all Minnesota students in prekindergarten through grade 12 schools and
15.20higher education institutions have a safe and supportive learning environment in order to
15.21maximize each student's learning potential.
15.22(b) The council shall consist of:
15.23(1) the commissioners or their designees from the Departments of Education,
15.24Health, Human Rights, Human Services, Public Safety, and Corrections, and the Office of
15.25Higher Education;
15.26(2) one representative each from the Board of Teaching, Board of School
15.27Administrators, Minnesota School Boards Association, Elementary School Principals
15.28Association, Association of Secondary School Principals, and Education Minnesota as
15.29selected by each organization;
15.30(3) two representatives each of student support personnel, parents, and students as
15.31selected by the commissioner of education;
15.32(4) two representatives of local law enforcement as selected by the commissioner of
15.33public safety;
15.34(5) two representatives of the judicial branch as selected by the chief justice of
15.35the Supreme Court; and
16.1(6) one charter school representative selected by the Minnesota Association of
16.2Charter Schools.
16.3(c) A member serves at the pleasure of their appointing authority and continues
16.4to serve until their successor is appointed.
16.5    Subd. 2. Duties. The council must provide leadership for the following activities:
16.6(1) establishment of norms and standards for prevention, intervention, and support
16.7around issues of prohibited conduct;
16.8(2) advancement of evidence-based policy and best practices to improve school
16.9climate and promote school safety; and
16.10(3) development and dissemination of resources and training for schools and
16.11communities about issues of prohibited conduct under section 121A.031, and other school
16.12safety-related issues.
16.13    Subd. 3. Meetings; chair. The commissioner of education must convene the first
16.14meeting of the council by October 1, 2013, and must serve as chair. The council must meet
16.15at least one time per year. The council does not need a quorum to conduct its meetings.
16.16    Subd. 4. Compensation. Council members are not eligible for compensation or
16.17reimbursement for expenses related to council activities.
16.18    Subd. 5. Support. The Department of Education and the Department of Public
16.19Safety must provide technical assistance to council members upon request. The council,
16.20upon request, must consult with the school climate center and the school safety center.
16.21    Subd. 6. Reporting. The council must report its activities annually by October 1,
16.22to the commissioner of education. The Department of Education must post the council's
16.23meeting notices and other relevant information regarding its duties on the agency's Web site.
16.24    Subd. 7. Expiration. The school climate council does not expire.

16.25    Sec. 12. [127A.052] SCHOOL CLIMATE CENTER.
16.26(a) The commissioner shall establish a school climate center at the department to
16.27help districts and schools under section 121A.031 provide a safe and supportive learning
16.28environment and foster academic achievement for all students by focusing on prevention,
16.29intervention, support, and recovery efforts to develop and maintain safe and supportive
16.30schools. The center must work collaboratively with implicated state agencies identified
16.31by the center and schools, communities, and interested individuals and organizations to
16.32determine how to best use available resources.
16.33(b) The center's services shall include:
16.34(1) evidence-based policy review, development, and dissemination;
17.1(2) single, point-of-contact services designed for schools, parents, and students
17.2seeking information or other help;
17.3(3) qualitative and quantitative data gathering, interpretation, and dissemination of
17.4summary data for existing reporting systems and student surveys and the identification
17.5and pursuit of emerging trends and issues;
17.6(4) assistance to districts and schools in using Minnesota student survey results to
17.7inform intervention and prevention programs;
17.8(5) education and skill building;
17.9(6) multisector and multiagency planning and advisory activities incorporating
17.10best practices and research; and
17.11(7) administrative and financial support for school and district planning, schools
17.12recovering from incidents of violence, and school and district violence prevention
17.13education.
17.14(c) The center shall:
17.15(1) compile and make available to all districts and schools evidence-based elements
17.16and resources to develop and maintain safe and supportive schools;
17.17(2) establish and maintain a central repository for collecting and analyzing
17.18information about prohibited conduct under section 121A.031, including, but not limited to:
17.19(i) training materials on strategies and techniques to prevent and appropriately
17.20address prohibited conduct under section 121A.031;
17.21(ii) model programming;
17.22(iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph
17.23(f); and
17.24(iv) other resources for improving the school climate and preventing prohibited
17.25conduct under section 121A.031;
17.26(3) assist districts and schools to develop strategies and techniques for effectively
17.27communicating with and engaging parents in efforts to protect and deter students from
17.28prohibited conduct under section 121A.031; and
17.29(4) solicit input from social media experts on implementing this section.
17.30(d) The commissioner shall provide administrative services including personnel,
17.31budget, payroll and contract services, and staff support for center activities including
17.32developing and disseminating materials, providing seminars, and developing and
17.33maintaining a Web site. Center staff shall include a center director, a data analyst
17.34coordinator, and trainers who provide training to affected state and local organizations
17.35under a fee-for-service agreement. The financial, administrative, and staff support the
18.1commissioner provides under this section must be based on an annual budget and work
18.2program developed by the center and submitted to the commissioner by the center director.
18.3(e) School climate center staff may consult with school safety center staff at the
18.4Department of Public Safety in providing services under this section.
18.5EFFECTIVE DATE.This section is effective beginning July 1, 2013.

18.6    Sec. 13. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read:
18.7    Subd. 2. Violations of law. The commissioner may reduce or withhold the district's
18.8state aid for any school year whenever the board of the district authorizes or permits
18.9violations of law within the district by:
18.10(1) employing a teacher who does not hold a valid teaching license or permit in a
18.11public school;
18.12(2) noncompliance with a mandatory rule of general application promulgated by the
18.13commissioner in accordance with statute, unless special circumstances make enforcement
18.14inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
18.15the district's best interests;
18.16(3) the district's continued performance of a contract made for the rental of rooms
18.17or buildings for school purposes or for the rental of any facility owned or operated by or
18.18under the direction of any private organization, if the contract has been disapproved, the
18.19time for review of the determination of disapproval has expired, and no proceeding for
18.20review is pending;
18.21(4) any practice which is a violation of sections 1 and 2 of article 13 of the
18.22Constitution of the state of Minnesota;
18.23(5) failure to reasonably provide for a resident pupil's school attendance under
18.24Minnesota Statutes;
18.25(6) noncompliance with state laws prohibiting discrimination because of race, color,
18.26creed, religion, national origin, sex, sexual orientation, gender identity and expression,
18.27 age, marital status, status with regard to public assistance or, disability, as defined in
18.28sections 363A.08 to 363A.19 and 363A.28, subdivision 10, or noncompliance with
18.29prohibited conduct under section 121A.031; or
18.30(7) using funds contrary to the statutory purpose of the funds.
18.31The reduction or withholding must be made in the amount and upon the procedure
18.32provided in this section, or, in the case of the violation stated in clause (1), upon the
18.33procedure provided in section 127A.43.
19.1EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
19.2later.

19.3    Sec. 14. REPEALER.
19.4Minnesota Statutes 2012, sections 121A.03; and 121A.0695, are repealed effective
19.5July 1, 2013.