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HF 826

3rd Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 03/19/2014 04:43pm

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1.1A bill for an act
1.2relating to education; providing for safe and supportive schools by prohibiting
1.3bullying; amending Minnesota Statutes 2012, sections 124D.895, subdivision
1.41; 124D.8955; 127A.42, subdivision 2; Minnesota Statutes 2013 Supplement,
1.5section 124D.10, subdivision 8; proposing coding for new law in Minnesota
1.6Statutes, chapters 121A; 127A; repealing Minnesota Statutes 2012, section
1.7121A.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. [121A.031] SCHOOL STUDENT BULLYING POLICY.
2.1    Subdivision 1. Student bullying policy; scope and application. (a) This section
2.2applies to bullying by a student against another student enrolled in a public school and
2.3which occurs:
2.4(1) on the school premises, at the school functions or activities, or on the school
2.5transportation;
2.6(2) by use of electronic technology and communications on the school premises,
2.7during the school functions or activities, on the school transportation, or on the school
2.8computers, networks, forums, and mailing lists; or
2.9(3) by use of electronic technology and communications off the school premises to
2.10the extent such use substantially and materially disrupts student learning or the school
2.11environment.
2.12(b) A nonpublic school under section 123B.41, subdivision 9, consistent with its
2.13school accreditation cycle, is encouraged to electronically transmit to the commissioner its
2.14antibullying policy, if any, and any summary data on its bullying incidents.
2.15(c) This section does not apply to a home school under sections 120A.22, subdivision
2.164, and 120A.24.
2.17    (d) A school-aged child who voluntarily participates in a public school activity such
2.18as a co-curricular or extra-curricular activity, is subject to the same student bullying policy
2.19provisions applicable to the public school students participating in the activity.
2.20    Subd. 2. Definitions. (a) For purposes of this section, the following terms have
2.21the meanings given them.
2.22    (b) "District" means a district under section 120A.05, subdivision 8.
2.23    (c) "Public school" or "school" means a public school under section 120A.05,
2.24subdivisions 9, 11, 13, and 17, and a charter school under section 124D.10.
2.25    (d) "Student" means a student enrolled in a school under paragraph (c).
2.26    (e) "Bullying" means intimidating, threatening, abusive, or harming conduct that is
2.27objectively offensive and:
2.28    (1) there is an actual or perceived imbalance of power between the student engaging
2.29in prohibited conduct and the target of the behavior and the conduct is repeated or forms a
2.30pattern; or
2.31    (2) materially and substantially interferes with a student's educational opportunities
2.32or performance or ability to participate in school functions or activities or receive school
2.33benefits, services, or privileges.
2.34    (f) "Cyberbullying" means bullying using technology or other electronic
2.35communication, including, but not limited to, a transfer of a sign, signal, writing, image,
3.1sound, or data, including a post on a social network Internet Web site or forum, transmitted
3.2through a computer, cell phone, or other electronic device.
3.3    (g) Intimidating, threatening, abusive, or harming conduct may involve, but is not
3.4limited to, conduct that causes physical harm to a student or a student's property or
3.5causes a student to be in reasonable fear of harm to person or property; under Minnesota
3.6common law, violates a student's reasonable expectation of privacy, defames a student,
3.7or constitutes intentional infliction of emotional distress against a student; is directed
3.8at a student or students based on a person's actual or perceived race, ethnicity, color,
3.9creed, religion, national origin, immigration status, sex, age, marital status, familial status,
3.10socioeconomic status, physical appearance, sexual orientation, including gender identity
3.11and expression, academic status related to student performance, disability, or status with
3.12regard to public assistance, age, or any additional characteristic defined in chapter 363A.
3.13However, prohibited conduct need not be based on any particular characteristic defined in
3.14this paragraph or chapter 363A.
3.15    (h) "Prohibited conduct" means bullying or cyberbullying as defined under this
3.16subdivision or retaliation for asserting, alleging, reporting, or providing information about
3.17such conduct.
3.18    (i) "Remedial response" means a measure to stop and correct prohibited conduct,
3.19prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of
3.20the student who is the target of the prohibited conduct. Districts and schools may seek the
3.21assistance of the school climate center under section 127A.052 to develop and implement
3.22remedial responses on behalf of a student who is the target of prohibited conduct, to
3.23stop and correct a student engaging in prohibited conduct, and for use with students and
3.24adults in the school community.
3.25    Subd. 3. Local district and school policy. (a) Districts and schools, in consultation
3.26with students, parents, and community organizations, to the extent practicable, shall adopt,
3.27implement, and, on a cycle consistent with other district policies, review, and revise where
3.28appropriate, a written policy to prevent and prohibit student bullying consistent with this
3.29section. The policy must conform with sections 121A.41 to 121A.56. A district or school
3.30must adopt and implement a local policy under subdivisions 3 to 5 or comply with the
3.31provisions of the state model policy in subdivision 6.
3.32(b) Each local district and school policy must establish research-based,
3.33developmentally appropriate best practices that include preventive and remedial measures
3.34and effective discipline for deterring policy violations; apply throughout the school or
3.35district; 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) define the roles and responsibilities of students, school personnel, and volunteers
4.4under the policy;
4.5(2) specifically list the characteristics contained in subdivision 2, paragraph (g);
4.6(3) emphasize remedial responses;
4.7(4) be conspicuously posted in the administrative offices of the school and school
4.8district in summary form;
4.9(5) be given to each school employee and independent contractor, if a contractor
4.10regularly interacts with students, at the time of employment with the district or school;
4.11(6) be included in the student handbook on school policies; and
4.12(7) be available to all parents and other school community members in an electronic
4.13format in the languages appearing on the district or school Web site, consistent with
4.14the district policies and practices.
4.15    (c) Consistent with its applicable policies and practices, Each district and school
4.16under this subdivision must discuss its policy with students, school personnel, and
4.17volunteers and provide appropriate training for all school personnel to prevent, identify,
4.18and respond to prohibited conduct. Districts and schools must establish a training cycle,
4.19not to exceed a period of three school years, for school personnel under this paragraph.
4.20Newly employed school personnel must receive the training within the first year of their
4.21employment with the district or school. A district or school administrator may accelerate
4.22the training cycle or provide additional training based on a particular need or circumstance.
4.23    (d) Each district and school under this subdivision must submit an electronic copy of
4.24its prohibited conduct policy to the commissioner.
4.25    Subd. 4. Local policy components. (a) Each district and school policy implemented
4.26under this section must, at a minimum:
4.27(1) designate a staff member as the primary contact person in the school building
4.28to receive reports of prohibited conduct under clause (3), ensure the policy and its
4.29procedures including restorative practices, consequences, and sanctions are fairly and
4.30fully implemented, and serve as the primary contact on policy and procedural matters
4.31implicating both the district or school and the department;
4.32(2) require school employees who witness prohibited conduct or possess reliable
4.33information that would lead a reasonable person to suspect that a student is a target of
4.34prohibited conduct to make reasonable efforts to address and resolve the prohibited conduct;
5.1(3) provide a procedure to begin to investigate reports of prohibited conduct within
5.2three school days of the report, and make the primary contact person responsible for the
5.3investigation and any resulting record and for keeping and regulating access to any record;
5.4(4) indicate how a school will respond to an identified incident of prohibited
5.5conduct, including immediately intervening to protect the target of the prohibited
5.6conduct; at the school administrator's discretion and consistent with state and federal
5.7data practices law governing access to data, including section 13.02, subdivision 8, a
5.8presumption that a district or school official will notify the parent of the reported target
5.9of the prohibited conduct and the parent of the actor engaged in the prohibited conduct;
5.10providing other remedial responses to the prohibited conduct; and ensuring that remedial
5.11responses are tailored to the particular incident and nature of the conduct and the student's
5.12developmental age and behavioral history;
5.13(5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports
5.14prohibited conduct or provides information about such conduct and establish appropriate
5.15consequences for a person who engages in reprisal or retaliation;
5.16(6) allow anonymous reporting but do not rely solely on an anonymous report to
5.17determine discipline;
5.18(7) provide information about available community resources to the target, actor,
5.19and other affected individuals, as appropriate;
5.20(8) where appropriate for a child with a disability to prevent or respond to prohibited
5.21conduct, allow the child's individualized education program or section 504 plan to address
5.22the skills and proficiencies the child needs to respond to or not engage in prohibited conduct;
5.23(9) use new employee training materials, the school publication on school rules,
5.24procedures, and standards of conduct, and the student handbook on school policies
5.25to publicize the policy;
5.26(10) require ongoing professional development, consistent with section 122A.60, to
5.27build the skills of all school personnel who regularly interact with students, including, but
5.28not limited to, educators, administrators, school counselors, social workers, psychologists,
5.29other school mental health professionals, school nurses, cafeteria workers, custodians,
5.30bus drivers, athletic coaches, extracurricular activities advisors, and paraprofessionals to
5.31identify, prevent, and appropriately address prohibited conduct.
5.32(b) Professional development under a local policy includes, but is not limited to,
5.33information about:
5.34(1) developmentally appropriate strategies both to prevent and to immediately and
5.35effectively intervene to stop prohibited conduct;
6.1(2) the complex dynamics affecting an actor, target, and witnesses to prohibited
6.2conduct;
6.3(3) research on prohibited conduct, including specific categories of students at risk
6.4for prohibited conduct in school;
6.5(4) the incidence and nature of cyberbullying; and
6.6(5) Internet safety and cyberbullying.
6.7    Subd. 5. Safe and supportive schools programming. (a) Districts and schools
6.8are encouraged to provide developmentally appropriate programmatic instruction
6.9to help students identify, prevent, and reduce prohibited conduct; value diversity in
6.10school and society; develop and improve students' knowledge and skills for solving
6.11problems, managing conflict, engaging in civil discourse, and recognizing, responding
6.12to, and reporting prohibited conduct; and make effective prevention and intervention
6.13programs available to students. Upon request, the school climate center under section
6.14127A.052 must assist a district or school in helping students understand social media
6.15and cyberbullying. Districts and schools must establish strategies for creating a positive
6.16school climate and use evidence-based social-emotional learning to prevent and reduce
6.17discrimination and other improper conduct.
6.18(b) Districts and schools are encouraged to:
6.19(1) engage all students in creating a safe and supportive school environment;
6.20(2) partner with parents and other community members to develop and implement
6.21prevention and intervention programs;
6.22(3) engage all students and adults in integrating education, intervention, and other
6.23remedial responses into the school environment;
6.24(4) train student bystanders to intervene in and report incidents of prohibited conduct
6.25to the school's primary contact person;
6.26(5) teach students to advocate for themselves and others;
6.27(6) prevent inappropriate referrals to special education of students who may engage
6.28in prohibited conduct; and
6.29(7) foster student collaborations that foster a safe and supportive school climate.
6.30    Subd. 6. State model policy. (a) The commissioner, in consultation with the
6.31commissioner of human rights, shall develop and maintain a state model policy. A district
6.32or school that does not adopt and implement a local policy under subdivisions 3 to 5
6.33must implement and may supplement the provisions of the state model policy. The
6.34commissioner must assist districts and schools under this subdivision to implement the
6.35state policy. The state model policy must:
6.36(1) define prohibited conduct, consistent with this section;
7.1(2) apply the prohibited conduct policy components in this section;
7.2(3) for a child with a disability, whenever an evaluation by an individualized
7.3education program team or a section 504 team indicates that the child's disability affects
7.4the child's social skills development or the child is vulnerable to prohibited conduct
7.5because of the child's disability, the child's individualized education program or section
7.6504 plan may address the skills and proficiencies the child needs to not engage in and
7.7respond to such conduct; and
7.8(4) encourage violence prevention and character development education programs
7.9under section 120B.232, subdivision 1.
7.10(b) The commissioner shall develop and post departmental procedures for:
7.11(1) periodically reviewing district and school programs and policies for compliance
7.12with this section;
7.13(2) investigating, reporting, and responding to noncompliance with this section,
7.14which may include an annual review of plans to improve and provide a safe and supportive
7.15school climate; and
7.16(3) allowing students, parents, and educators to file a complaint about noncompliance
7.17with the commissioner.
7.18    (c) The commissioner must post on the department's Web site information indicating
7.19that when districts and schools allow noncurriculum-related student groups access to
7.20school facilities, the district or school must give all student groups equal access to the
7.21school facilities regardless of the content of the group members' speech.
7.22    Subd. 7. Relation to existing law. This section does not:
7.23(1) establish any private right of action;
7.24(2) limit rights currently available to an individual under other civil or criminal law,
7.25including, but not limited to, chapter 363A; or
7.26(3) interfere with a person's rights of religious expression and free speech and
7.27expression under the First Amendment of the Unites States Constitution.
7.28EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
7.29later.

7.30    Sec. 3. [121A.0311] NOTICE OF THE RIGHTS AND RESPONSIBILITIES
7.31OF STUDENTS AND PARENTS UNDER THE SAFE AND SUPPORTIVE
7.32MINNESOTA SCHOOLS ACT.
7.33A district or school subject to section 121A.031 must include in the student
7.34discipline policy it distributes or otherwise transmits to students and their parents annually
8.1at the beginning of each school year notice about the rights and responsibilities of students
8.2and their parents under the Safe and Supportive Minnesota Schools Act.
8.3EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
8.4later.

8.5    Sec. 4. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 8, is
8.6amended to read:
8.7    Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
8.8federal, state, and local health and safety requirements applicable to school districts.
8.9    (b) A school must comply with statewide accountability requirements governing
8.10standards and assessments in chapter 120B.
8.11    (c) A school authorized by a school board may be located in any district, unless the
8.12school board of the district of the proposed location disapproves by written resolution.
8.13    (d) A charter school must be nonsectarian in its programs, admission policies,
8.14employment practices, and all other operations. An authorizer may not authorize a charter
8.15school or program that is affiliated with a nonpublic sectarian school or a religious
8.16institution. A charter school student must be released for religious instruction, consistent
8.17with section 120A.22, subdivision 12, clause (3).
8.18    (e) Charter schools must not be used as a method of providing education or
8.19generating revenue for students who are being home-schooled. This paragraph does not
8.20apply to shared time aid under section 126C.19.
8.21    (f) The primary focus of a charter school must be to provide a comprehensive
8.22program of instruction for at least one grade or age group from five through 18 years
8.23of age. Instruction may be provided to people younger than five years and older than
8.2418 years of age.
8.25    (g) A charter school may not charge tuition.
8.26    (h) A charter school is subject to and must comply with chapter 363A and section
8.27121A.04 .
8.28    (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
8.29Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
8.30123B.34 to 123B.39.
8.31    (j) A charter school is subject to the same financial audits, audit procedures, and
8.32audit requirements as a district, except as required under subdivision 6a. Audits must be
8.33conducted in compliance with generally accepted governmental auditing standards, the
8.34federal Single Audit Act, if applicable, and section 6.65. A charter school is subject
8.35to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04;
9.1118A.05 ; 118A.06; 471.38; 471.391; 471.392; and 471.425. The audit must comply with
9.2the requirements of sections 123B.75 to 123B.83, except to the extent deviations are
9.3necessary because of the program at the school. Deviations must be approved by the
9.4commissioner and authorizer. The Department of Education, state auditor, legislative
9.5auditor, or authorizer may conduct financial, program, or compliance audits. A charter
9.6school determined to be in statutory operating debt under sections 123B.81 to 123B.83
9.7must submit a plan under section 123B.81, subdivision 4.
9.8    (k) A charter school is a district for the purposes of tort liability under chapter 466.
9.9    (l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
9.10subdivision 7
; 121A.75; and 260B.171, subdivisions 3 and 5.
9.11    (m) A charter school is subject to the Pledge of Allegiance requirement under
9.12section 121A.11, subdivision 3.
9.13    (n) A charter school offering online courses or programs must comply with section
9.14124D.095 .
9.15    (o) A charter school and charter school board of directors are subject to chapter 181.
9.16    (p) A charter school must comply with section 120A.22, subdivision 7, governing
9.17the transfer of students' educational records and sections 138.163 and 138.17 governing
9.18the management of local records.
9.19    (q) A charter school that provides early childhood health and developmental
9.20screening must comply with sections 121A.16 to 121A.19.
9.21    (r) A charter school that provides school-sponsored youth athletic activities must
9.22comply with section 121A.38.
9.23    (s) A charter school is subject to and must comply with continuing truant notification
9.24under section 260A.03.
9.25(t) A charter school must develop and implement a teacher evaluation and peer
9.26review process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (12).
9.27(u) A charter school must adopt a policy, plan, budget, and process, consistent with
9.28section 120B.11, to review curriculum, instruction, and student achievement and strive
9.29for the world's best workforce.
9.30(v) A charter school must comply with section 121A.031 governing policies on
9.31prohibited conduct.
9.32EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
9.33later.

9.34    Sec. 5. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read:
10.1    Subdivision 1. Program goals. The department, in consultation with the state
10.2curriculum advisory committee, must develop guidelines and model plans for parental
10.3involvement programs that will:
10.4(1) engage the interests and talents of parents or guardians in recognizing and
10.5meeting the emotional, intellectual, and physical needs of their school-age children;
10.6(2) promote healthy self-concepts among parents or guardians and other family
10.7members;
10.8(3) offer parents or guardians a chance to share and learn about educational skills,
10.9techniques, and ideas;
10.10(4) provide creative learning experiences for parents or guardians and their
10.11school-age children, including involvement from parents or guardians of color;
10.12(5) encourage parents to actively participate in their district's curriculum advisory
10.13committee under section 120B.11 in order to assist the school board in improving
10.14children's education programs; and
10.15(6) encourage parents to help in promoting school desegregation/integration; and
10.16(7) partner with parents in establishing a positive school climate by developing
10.17and implementing prevention and intervention programs on prohibited conduct under
10.18section 121A.031.
10.19EFFECTIVE DATE.This section is effective the day following final enactment.

10.20    Sec. 6. Minnesota Statutes 2012, section 124D.8955, is amended to read:
10.21124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.
10.22    (a) In order to promote and support student achievement, a local school board is
10.23encouraged to formally adopt and implement a parent and family involvement policy that
10.24promotes and supports:
10.25    (1) communication between home and school that is regular, two-way, and
10.26meaningful;
10.27    (2) parenting skills;
10.28    (3) parents and caregivers who play an integral role in assisting student learning and
10.29learn about fostering students' academic success and learning at home and school;
10.30    (4) welcoming parents in the school and seeking their support and assistance;
10.31    (5) partnerships with parents in the decisions that affect children and families
10.32in the schools; and
10.33    (6) providing community resources to strengthen schools, families, and student
10.34learning, including establishing a safe and supportive school climate by developing and
11.1implementing prevention and intervention programs on prohibited conduct under section
11.2121A.031.
11.3    (b) A school board that implements a parent and family involvement policy under
11.4paragraph (a) must convene an advisory committee composed of an equal number of
11.5resident parents who are not district employees and school staff to make recommendations
11.6to the board on developing and evaluating the board's parent and family involvement
11.7policy. If possible, the advisory committee must represent the diversity of the district. The
11.8advisory committee must consider the district's demographic diversity and barriers to
11.9parent involvement when developing its recommendations. The advisory committee must
11.10recommend to the school board and district or school how programs serving children and
11.11adolescents can collaborate on:
11.12(1) understanding child and adolescent development;
11.13(2) encouraging healthy communication between parents and children;
11.14(3) managing students' behavior through positive reinforcement;
11.15(4) establishing expectations for student behavior;
11.16(5) providing media and Internet limits and supervision; and
11.17(6) promoting resilience and reducing risks for children.
11.18The advisory committee must present its recommendations to the board for board
11.19consideration.
11.20    (c) The board must consider best practices when implementing this policy.
11.21    (d) The board periodically must review this policy to determine whether it is aligned
11.22with the most current research findings on parent involvement policies and practices and
11.23how effective the policy is in supporting increased student achievement.
11.24    (e) Nothing in this section obligates a school district to exceed any parent or family
11.25involvement requirement under federal law.
11.26EFFECTIVE DATE.This section is effective the day following final enactment.

11.27    Sec. 7. [127A.051] SCHOOL CLIMATE COUNCIL.
11.28    Subdivision 1. Establishment and membership; terms. (a) A 23-member
11.29multiagency leadership council is established to improve school climate and school
11.30safety so that all Minnesota students in prekindergarten through grade 12 schools and
11.31higher education institutions have a safe and supportive learning environment in order to
11.32maximize each student's learning potential.
11.33(b) The council shall consist of:
12.1(1) the commissioners or their designees from the Departments of Education,
12.2Health, Human Rights, Human Services, Public Safety, and Corrections, and the Office of
12.3Higher Education;
12.4(2) one representative each from the Minnesota Association of School
12.5Administrators, Minnesota School Boards Association, Elementary School Principals
12.6Association, Association of Secondary School Principals, and Education Minnesota as
12.7selected by each organization;
12.8(3) two representatives each of student support personnel, parents, and students as
12.9selected by the commissioner of education;
12.10(4) two representatives of local law enforcement as selected by the commissioner of
12.11public safety;
12.12(5) two representatives of the judicial branch as selected by the chief justice of
12.13the Supreme Court; and
12.14(6) one charter school representative selected by the Minnesota Association of
12.15Charter Schools.
12.16(c) A member serves at the pleasure of their appointing authority and continues
12.17to serve until their successor is appointed.
12.18    Subd. 2. Duties. The council must provide leadership for the following activities:
12.19(1) establishment of norms and standards for prevention, intervention, and support
12.20around issues of prohibited conduct;
12.21(2) advancement of evidence-based policy and best practices to improve school
12.22climate and promote school safety;
12.23(3) development and dissemination of resources and training for schools and
12.24communities about issues of prohibited conduct under section 121A.031, and other school
12.25safety-related issues; and
12.26(4) develop policies and procedures for the services provided by the school climate
12.27center under section 127A.052.
12.28    Subd. 3. Meetings; chair. The commissioner of education must convene the first
12.29meeting of the council by October 1, 2014, and must serve as chair. The council must meet
12.30at least one time per year. The council does not need a quorum to conduct its meetings.
12.31    Subd. 4. Compensation. Council members are not eligible for compensation or
12.32reimbursement for expenses related to council activities.
12.33    Subd. 5. Support. The Department of Education and the Department of Public
12.34Safety must provide technical assistance to council members upon request. The council,
12.35upon request, must consult with the school climate center and the school safety center.
13.1    Subd. 6. Reporting. The council must report its activities annually by October 1,
13.2to the commissioner of education. The Department of Education must post the council's
13.3meeting notices and other relevant information regarding its duties on the agency's Web site.
13.4    Subd. 7. Expiration. The school climate council does not expire.

13.5    Sec. 8. [127A.052] SCHOOL CLIMATE CENTER.
13.6(a) The commissioner shall establish a school climate center at the department to
13.7help districts and schools under section 121A.031 provide a safe and supportive learning
13.8environment and foster academic achievement for all students by focusing on prevention,
13.9intervention, support, and recovery efforts to develop and maintain safe and supportive
13.10schools. The center must work collaboratively with implicated state agencies identified
13.11by the center and schools, communities, and interested individuals and organizations to
13.12determine how to best use available resources.
13.13(b) The center's services shall include:
13.14(1) evidence-based policy review, development, and dissemination;
13.15(2) single, point-of-contact services designed for schools, parents, and students
13.16seeking information or other help;
13.17(3) qualitative and quantitative data gathering, interpretation, and dissemination of
13.18summary data for existing reporting systems and student surveys and the identification
13.19and pursuit of emerging trends and issues;
13.20(4) assistance to districts and schools in using Minnesota student survey results to
13.21inform intervention and prevention programs;
13.22(5) education and skill building;
13.23(6) multisector and multiagency planning and advisory activities incorporating
13.24best practices and research; and
13.25(7) administrative and financial support for school and district planning, schools
13.26recovering from incidents of violence, and school and district violence prevention
13.27education.
13.28(c) The center shall:
13.29(1) compile and make available to all districts and schools evidence-based elements
13.30and resources to develop and maintain safe and supportive schools;
13.31(2) establish and maintain a central repository for collecting and analyzing
13.32information about prohibited conduct under section 121A.031, including, but not limited to:
13.33(i) training materials on strategies and techniques to prevent and appropriately
13.34address prohibited conduct under section 121A.031;
13.35(ii) model programming;
14.1(iii) remedial responses consistent with section 121A.031, subdivision 2, paragraph
14.2(i); and
14.3(iv) other resources for improving the school climate and preventing prohibited
14.4conduct under section 121A.031;
14.5(3) assist districts and schools to develop strategies and techniques for effectively
14.6communicating with and engaging parents in efforts to protect and deter students from
14.7prohibited conduct under section 121A.031; and
14.8(4) solicit input from social media experts on implementing this section.
14.9(d) The commissioner shall provide administrative services including personnel,
14.10budget, payroll and contract services, and staff support for center activities including
14.11developing and disseminating materials, providing seminars, and developing and
14.12maintaining a Web site. Center staff shall include a center director, a data analyst
14.13coordinator, and trainers who provide training to affected state and local organizations
14.14under a fee-for-service agreement. The financial, administrative, and staff support the
14.15commissioner provides under this section must be based on an annual budget and work
14.16program developed by the center and submitted to the commissioner by the center director.
14.17(e) School climate center staff may consult with school safety center staff at the
14.18Department of Public Safety in providing services under this section.
14.19EFFECTIVE DATE.This section is effective beginning July 1, 2014.

14.20    Sec. 9. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read:
14.21    Subd. 2. Violations of law. The commissioner may reduce or withhold the district's
14.22state aid for any school year whenever the board of the district authorizes or permits
14.23violations of law within the district by:
14.24(1) employing a teacher who does not hold a valid teaching license or permit in a
14.25public school;
14.26(2) noncompliance with a mandatory rule of general application promulgated by the
14.27commissioner in accordance with statute, unless special circumstances make enforcement
14.28inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
14.29the district's best interests;
14.30(3) the district's continued performance of a contract made for the rental of rooms
14.31or buildings for school purposes or for the rental of any facility owned or operated by or
14.32under the direction of any private organization, if the contract has been disapproved, the
14.33time for review of the determination of disapproval has expired, and no proceeding for
14.34review is pending;
15.1(4) any practice which is a violation of sections 1 and 2 of article 13 of the
15.2Constitution of the state of Minnesota;
15.3(5) failure to reasonably provide for a resident pupil's school attendance under
15.4Minnesota Statutes;
15.5(6) noncompliance with state laws prohibiting discrimination because of race, color,
15.6creed, religion, national origin, sex, sexual orientation, including gender identity and
15.7expression, age, marital status, status with regard to public assistance or, disability, as
15.8defined in sections 363A.08 to 363A.19 and 363A.28, subdivision 10, or noncompliance
15.9with prohibited conduct under section 121A.031; or
15.10(7) using funds contrary to the statutory purpose of the funds.
15.11The reduction or withholding must be made in the amount and upon the procedure
15.12provided in this section, or, in the case of the violation stated in clause (1), upon the
15.13procedure provided in section 127A.43.
15.14EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
15.15later.

15.16    Sec. 10. REPEALER.
15.17Minnesota Statutes 2012, section 121A.0695, is repealed effective July 1, 2014.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569