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Minnesota Legislature

Office of the Revisor of Statutes

HF 826

6th Engrossment - 88th Legislature (2013 - 2014) Posted on 05/07/2013 08:49am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; providing for safe and supportive schools; authorizing
rulemaking; amending Minnesota Statutes 2012, sections 120B.36, subdivision
1; 121A.55; 121A.69, subdivision 3; 122A.60, subdivisions 1a, 3; 124D.10,
subdivision 8; 124D.895, subdivision 1; 124D.8955; 125B.15; 127A.42,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters
121A; 127A; repealing Minnesota Statutes 2012, sections 121A.03; 121A.0695.

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

Section 1. new text beginTITLE.
new text end

new text begin This act may be cited as the "Safe and Supportive Minnesota Schools Act."
new text end

Sec. 2.

Minnesota Statutes 2012, section 120B.36, subdivision 1, is amended to read:


Subdivision 1.

School performance report cards.

(a) The commissioner
shall report student academic performance under section 120B.35, subdivision 2; the
percentages of students showing low, medium, and high growth under section 120B.35,
subdivision 3
, paragraph (b); school safety and student engagement and connection
under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section
120B.35, subdivision 3, paragraph (c); two separate student-to-teacher ratios that clearly
indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for
purposes of determining these ratios; staff characteristics excluding salaries; student
enrollment demographics; district mobility; new text beginsummary data on incidents of prohibited
conduct and remedial responses to the incidents under section 121A.031, subdivision 4,
paragraph (a), clause (10);
new text endand extracurricular activities. The report also must indicate
a school's adequate yearly progress status, and must not set any designations applicable
to high- and low-performing schools due solely to adequate yearly progress status.new text begin The
commissioner must use the summary data on prohibited conduct reported under section
121A.031, subdivision 4, paragraph (a), clause (10), to inform the work of the school
climate center under section 127A.052 and to assist districts and schools in improving
the educational outcomes of all students and specific categories of students affected by
such prohibited conduct.
new text end

(b) The commissioner shall develop, annually update, and post on the department
Web site school performance report cards.

(c) The commissioner must make available performance report cards by the
beginning of each school year.

(d) A school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's
decision to uphold or deny an appeal is final.

(e) School performance report card data are nonpublic data under section 13.02,
subdivision 9
, until the commissioner publicly releases the data. The commissioner shall
annually post school performance report cards to the department's public Web site no later
than September 1, except that in years when the report card reflects new performance
standards, the commissioner shall post the school performance report cards no later than
October 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 3.

new text begin [121A.031] SCHOOL STUDENT BULLYING POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin Student bullying policy; scope and application. new text end

new text begin (a) This section
applies to bullying by a student against another student attending the same school which
occurs:
new text end

new text begin (1) on the school premises, at the school function or activity, or on the school
transportation;
new text end

new text begin (2) by use of electronic technology and communications on the school premises,
during the school function or activity, on the school transportation, or on the school
computers, networks, forums, and mailing lists; or
new text end

new text begin (3) by use of electronic technology and communications to the extent such use is
reasonably foreseeable to substantially and materially disrupt student learning or the
school environment.
new text end

new text begin (b) "District" under this section means a district as defined in section 120A.05,
subdivision 8. "School" under this section means a public school as defined in section
120A.05, subdivisions 9, 11, 13, and 17, and a charter school as defined in section
124D.10. "Student" under this section means a person enrolled in and attending a school
as defined under this paragraph.
new text end

new text begin (c) A nonpublic school under section 123B.41, subdivision 9, consistent with its
school accreditation cycle, is encouraged to electronically transmit to the commissioner its
antibullying policy and summary data on its bullying incidents.
new text end

new text begin (d) This section does not apply to a home school under sections 120A.22,
subdivision 4, and 120A.24.
new text end

new text begin Subd. 2. new text end

new text begin Local district and school policy. new text end

new text begin (a) Districts and schools, in consultation
with students, parents, and community organizations, shall adopt, implement, and annually
review, and revise where appropriate, a written policy to prevent and prohibit student
bullying, cyberbullying, harassment, and intimidation, consistent with this section. The
policy must conform with sections 121A.41 to 121A.56. A district or school must adopt
and implement a local policy under subdivisions 2 to 5 or comply with the provisions of
the state model policy in subdivision 6.
new text end

new text begin (b) Each local district and school policy must establish research-based,
developmentally appropriate best practices that include preventive and remedial measures
and effective discipline for deterring policy violations; apply throughout the school or
district; and foster active student, parent, and community participation. A district or
school may request assistance from the school climate center under section 127A.052 in
complying with local policy requirements. The policy shall:
new text end

new text begin (1) apply to all students, school personnel, and volunteers;
new text end

new text begin (2) specifically list the characteristics contained in subdivision 3, paragraph (d);
new text end

new text begin (3) emphasize remedial responses over punitive measures;
new text end

new text begin (4) be conspicuously posted throughout the school building;
new text end

new text begin (5) be given to each school employee and independent contractor, if a contractor
regularly interacts with students, at the time of employment with the district or school;
new text end

new text begin (6) be included in the student handbook on school policies; and
new text end

new text begin (7) be available to all parents and other school community members in accessible
languages and format on the district or school Web site.
new text end

new text begin (c) Each district and school under this subdivision must discuss its policy with
students, school personnel, and volunteers and provide training for all school personnel
and volunteers to prevent, identify, and appropriately respond to prohibited conduct.
new text end

new text begin (d) Each district and school under this subdivision must submit an electronic copy of
its prohibited conduct policy to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision have the meanings
given them for purposes of this section.
new text end

new text begin (b) "Bullying" means intimidating, threatening, abusive, or harassing conduct that is
objectively offensive and:
new text end

new text begin (1) causes physical harm to a student or a student's property or causes a student to be
in reasonable fear of harm to person or property;
new text end

new text begin (2) materially and substantially interferes with a student's educational opportunities
or performance or ability to participate in the school function or activity or receive the
school benefit, service, or privilege;
new text end

new text begin (3) under Minnesota common law, violates a student's reasonable expectation
of privacy, defames a student, or constitutes intentional infliction of emotional distress
against a student; or
new text end

new text begin (4) materially and substantially disrupts the work and discipline of the school.
new text end

new text begin (c) "Cyberbullying" means bullying using technology or other electronic
communication, including, but not limited to, a transfer of a sign, signal, writing, image,
sound, or data, including a post on a social network Internet Web site or forum, to transmit
through a computer, cell phone, or other electronic device speech that contains obscene
words or images, advocates illegal conduct, or otherwise materially and substantially
disrupts a student's learning environment.
new text end

new text begin (d) Intimidating, threatening, abusive, or harassing conduct may involve, but is not
limited to, conduct that is directed at a student or students based on a person's actual or
perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex,
age, marital status, familial status, socioeconomic status, physical appearance, sexual
orientation, gender identity and expression, academic status, disability, or status with
regard to public assistance, age, or any additional characteristic defined in chapter 363A.
new text end

new text begin (e) "Prohibited conduct" means bullying or cyberbullying as defined under this
subdivision or retaliation for asserting, alleging, reporting, or providing information about
such conduct.
new text end

new text begin (f) "Remedial response" means a measure to stop and correct prohibited conduct,
prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of
the student who is the target of the prohibited conduct. Districts and schools may seek the
assistance of the school climate center under section 127A.052 to develop and implement
remedial responses on behalf of a student who is the target of prohibited conduct, to
stop and correct a student engaging in prohibited conduct, and for use with students and
adults in the school community. Districts and schools need not report the use of remedial
responses when their use is unrelated to any particular incident of prohibited conduct.
new text end

new text begin Subd. 4. new text end

new text begin Local policy components. new text end

new text begin (a) Each district and school policy implemented
under this section must, at a minimum:
new text end

new text begin (1) designate a staff member as the primary contact person in the school building
to receive reports of prohibited conduct under clause (3), ensure the policy and its
procedures including restorative practices, consequences, and sanctions are fairly and
fully implemented, and serve as the primary contact on policy and procedural matters
implicating both the district or school and the department;
new text end

new text begin (2) require school employees and trained volunteers who witness prohibited conduct
or possess reliable information that would lead a reasonable person to suspect that a
student is a target of prohibited conduct to make reasonable efforts to address and resolve
the prohibited conduct;
new text end

new text begin (3) provide a procedure to promptly investigate reports of prohibited conduct within
three school days of the report, and make the primary contact person responsible for the
investigation and any resulting record and for keeping and regulating access to any record;
new text end

new text begin (4) indicate how a school will respond to an identified incident of prohibited
conduct, including immediately intervening to protect the target of the prohibited conduct;
consistent with state and federal data practices law governing access to private data, and,
at the school administrator's discretion, notifying law enforcement officials; immediately
notifying law enforcement officials if the person investigating a report of prohibited
conduct against a student by a teacher, other district or school employee, or school
volunteer reasonably believes that the prohibited conduct against the student is a crime;
providing other remedial responses to the prohibited conduct; and ensuring that remedial
responses are tailored to the particular incident and nature of the conduct and the student's
developmental age and behavioral history;
new text end

new text begin (5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports
prohibited conduct or provides information about such conduct and establish appropriate
consequences for a person who engages in reprisal or retaliation;
new text end

new text begin (6) allow anonymous reporting but do not rely solely on an anonymous report to
determine discipline;
new text end

new text begin (7) provide information about available community resources to the target, actor,
and other affected individuals, as appropriate;
new text end

new text begin (8) where appropriate for a child with a disability to prevent or respond to prohibited
conduct, require the child's individualized education program or section 504 plan to
address the skills and proficiencies the child needs to avoid, respond to, or not engage in
prohibited conduct;
new text end

new text begin (9) use new employee training materials, the school publication on school rules,
procedures, and standards of conduct, and the student handbook on school policies
to publicize the policy;
new text end

new text begin (10) require annual reporting, collection, and analysis of summary data on incidents
of prohibited conduct and on remedial responses both to students and throughout the school;
new text end

new text begin (11) require ongoing professional development, consistent with section 122A.60,
to build the skills of all school personnel and volunteers, including, but not limited to,
educators, administrators, school nurses, cafeteria workers, custodians, bus drivers,
athletic coaches, extracurricular activities advisors, volunteers, and paraprofessionals to
identify, prevent, and appropriately address prohibited conduct; and
new text end

new text begin (12) implement the following standards related to data on incidents of prohibited
conduct:
new text end

new text begin (i) a presumption that a district or school official will notify the parent of any student
affected by alleged prohibited conduct of facts related to the incident and any disciplinary
or remedial action taken by the school or district, unless notification to the parent is
otherwise prohibited by law or the official, in consultation with the district's responsible
authority, determines that notifying the parent is not in the best interest of the student, as
consistent with section 13.02, subdivision 8;
new text end

new text begin (ii) establishment of written procedures for affected students and parents of affected
students to access all data maintained by the school or district related to the incident,
including authorization for a student or parent to contest the accuracy or completeness
of the data, consistent with section 13.04, subdivision 4;
new text end

new text begin (iii) establishment of a schedule for retention and destruction of data related to
incidents of prohibited conduct, including expedited destruction of data related to
allegations of prohibited conduct determined to be without factual basis;
new text end

new text begin (iv) establishment of security procedures to ensure that, except for summary
data, data on incidents of prohibited conduct are not shared with or disseminated to
any individual or entity not expressly authorized by law to access the data, unless an
affected student or that student's parent consents to sharing or dissemination of data on
that student's involvement in the incident for the specific purpose for which the data will
be shared or disseminated; and
new text end

new text begin (v) establishment of procedures to ensure that data designated as "summary data"
comply with section 13.02, subdivision 19, requiring that the data do not identify an
individual or contain characteristics that could be used to ascertain an individual's identity.
new text end

new text begin (b) Professional development under a local policy includes, but is not limited to,
information about:
new text end

new text begin (1) developmentally appropriate strategies both to prevent and to immediately and
effectively intervene to stop prohibited conduct;
new text end

new text begin (2) the complex dynamics affecting an actor, target, and witnesses to prohibited
conduct;
new text end

new text begin (3) research on prohibited conduct, including specific categories of students at risk
for prohibited conduct in school;
new text end

new text begin (4) the incidence and nature of cyberbullying; and
new text end

new text begin (5) Internet safety and cyberbullying.
new text end

new text begin Subd. 5. new text end

new text begin Safe and supportive schools programming. new text end

new text begin (a) Districts and schools
are encouraged to provide developmentally appropriate programmatic instruction
to help students identify, prevent, and reduce prohibited conduct; value diversity in
school and society; develop and improve students' knowledge and skills for solving
problems, managing conflict, engaging in civil discourse, and recognizing, responding
to, and reporting prohibited conduct; and make effective prevention and intervention
programs available to students. Upon request, the school climate center under section
127A.052 must assist a district or school in helping students understand social media
and cyberbullying. Districts and schools must establish strategies for creating a positive
school climate and use evidence-based social-emotional learning to prevent and reduce
discrimination and other improper conduct.
new text end

new text begin (b) Districts and schools are encouraged to:
new text end

new text begin (1) engage all students in creating a safe and supportive school environment;
new text end

new text begin (2) partner with parents and other community members to develop and implement
prevention and intervention programs;
new text end

new text begin (3) engage all students and adults in integrating education, intervention, and other
remedial responses into the school environment;
new text end

new text begin (4) train student bystanders to intervene in and report incidents of prohibited conduct
to the school's primary contact person;
new text end

new text begin (5) teach students to advocate for themselves and others;
new text end

new text begin (6) prevent inappropriate referrals to special education of students who may engage
in prohibited conduct; and
new text end

new text begin (7) foster student collaborations that foster a safe and supportive school climate.
new text end

new text begin Subd. 6. new text end

new text begin State model policy. new text end

new text begin (a) The commissioner, in consultation with the
commissioner of human rights, shall develop and maintain a state model policy. A district
or school that does not adopt and implement a local policy under subdivisions 2 to 5
must implement and may supplement the provisions of the state model policy. The
commissioner must assist districts and schools under this subdivision to implement the
state policy. The state model policy must:
new text end

new text begin (1) define prohibited conduct, consistent with this section;
new text end

new text begin (2) apply the prohibited conduct policy components in this section;
new text end

new text begin (3) for a child with a disability, whenever an evaluation by an individualized
education program team or a section 504 team indicates that the child's disability affects
the child's social skills development or the child is vulnerable to bullying, cyberbullying,
harassment, or intimidation because of the child's disability, the child's individualized
education program or section 504 plan must address the skills and proficiencies the child
needs to avoid, respond to, or not engage in such conduct; and
new text end

new text begin (4) encourage violence prevention and character development education programs
under section 120B.232, subdivision 1.
new text end

new text begin (b) The commissioner shall develop and post departmental procedures for:
new text end

new text begin (1) periodically reviewing district and school programs and policies for compliance
with this section;
new text end

new text begin (2) investigating, reporting, and responding to noncompliance with this section,
which may include an annual review of plans to improve and provide a safe and supportive
school climate;
new text end

new text begin (3) allowing students, parents, and educators to file a complaint about noncompliance
with the commissioner; and
new text end

new text begin (4) annually publishing statewide summary data on incidents of prohibited conduct,
consistent with section 120B.36, subdivision 1.
new text end

new text begin (c) Department records under this subdivision are private data on individuals. An
individual subject of the data shall have access to the data except that the name of a
reporter is confidential.
new text end

new text begin (d) The commissioner must post on the department's Web site information indicating
that when districts and schools allow noncurriculum-related student groups access to
school facilities, the district or school must give all student groups equal access to the
school facilities regardless of the content of the group members' speech.
new text end

new text begin Subd. 7. new text end

new text begin Relation to existing law. new text end

new text begin This section does not:
new text end

new text begin (1) establish any private right of action;
new text end

new text begin (2) limit rights currently available to an individual under other civil or criminal law,
including, but not limited to, chapter 363A; or
new text end

new text begin (3) interfere with a person's rights of free speech and expression under the First
Amendment of the United States Constitution.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 4.

new text begin [121A.0311] NOTICE OF THE RIGHTS AND RESPONSIBILITIES
OF STUDENTS AND PARENTS UNDER THE SAFE AND SUPPORTIVE
MINNESOTA SCHOOLS ACT.
new text end

new text begin A district or school subject to section 121A.031 must include in the student
discipline policy it distributes or otherwise transmits to students and their parents annually
at the beginning of each school year notice about the rights and responsibilities of students
and their parents under the Safe and Supportive Minnesota Schools Act.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2012, section 121A.55, is amended to read:


121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education shall promulgate guidelines to assist each school
boarddeleted text begin. Each school board shalldeleted text endnew text begin tonew text end establish uniform criteria for dismissal and adopt
written policies and rules to effectuate deleted text beginthe purposes ofdeleted text end sections new text begin121A.031 and new text end121A.40 to
121A.56. The policies shall emphasize preventing dismissals through early detection of
problems and deleted text beginshalldeleted text end be designed to deleted text beginaddressdeleted text endnew text begin preventnew text end students' inappropriate behavior from
recurring. The policies shall recognize the continuing responsibility of the school deleted text beginfor the
education of
deleted text endnew text begin to educate new text end the pupil during the dismissal period. The alternative educational
services, if the pupil wishes to take advantage of them, must be adequate to allow the
pupil to make progress towards meeting the graduation standards adopted under section
120B.02 and help prepare the pupil for readmission.

(b) An area learning center under section 123A.05 may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.

(c) Each school district shall develop a policy and report it to the commissioner on
the appropriate use of peace officers and crisis teams to remove students who have an
individualized education program from school grounds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 6.

Minnesota Statutes 2012, section 121A.69, subdivision 3, is amended to read:


Subd. 3.

School board policy.

Each school board shall adopt a written policy
governing student or staff hazing. The policy must apply to student behavior that occurs
on or off school property and during and after school hoursnew text begin and be consistent with section
121A.031
new text end. The policy must include reporting procedures and disciplinary consequences
for violating the policy. Disciplinary consequences must be sufficiently severe to deter
violations and appropriately discipline prohibited behavior. Disciplinary consequences
must conform with sections new text begin121A.031 and new text end121A.41 to 121A.56. Each school must include
the policy in the student handbook on school policies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 7.

Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:


Subd. 1a.

Effective staff development activities.

(a) Staff development activities
must:

(1) focus on the school classroom and research-based strategies that improve student
learning;

(2) provide opportunities for teachers to practice and improve their instructional
skills over time;

(3) provide opportunities for teachers to use student data as part of their daily work
to increase student achievement;

(4) enhance teacher content knowledge and instructional skills, including to
accommodate the delivery of digital and blended learning and curriculum and engage
students with technology;

(5) align with state and local academic standards;

(6) provide opportunities to build professional relationships, foster collaboration
among principals and staff who provide instruction, and provide opportunities for
teacher-to-teacher mentoring; and

(7) align with the plan of the district or site for an alternative teacher professional
pay system.

Staff development activities may include curriculum development and curriculum training
programs, and activities that provide teachers and other members of site-based teams
training to enhance team performance. The school district also may implement other
staff development activities required by law and activities associated with professional
teacher compensation models.

(b) Release time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's knowledge
and instructional skills, such as preparing report cards, calculating grades, or organizing
classroom materials, may not be counted as staff development time that is financed with
staff development reserved revenue under section 122A.61.

new text begin (c) Staff development activities also may include training for school counselors,
school nurses, social workers, psychologists, and other mental health professionals to
support students, teachers, and school administrators in implementing restorative and
reparative best practices to prevent and appropriately address student prohibited conduct,
consistent with section 121A.031, subdivision 4, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:


Subd. 3.

Staff development outcomes.

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

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

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

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

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

(5) effectively teach and model violence prevention policy and curriculum that
address early intervention alternatives, deleted text beginissues of harassment,deleted text end new text begin annually train all school
staff and school volunteers who regularly interact with students in best practices to
create and maintain a safe and supportive learning environment, consistent with section
121A.031,
new text endand teach nonviolent alternatives for conflict resolutionnew text begin, including restorative
and reparative processes
new text end;

(6) effectively deliver digital and blended learning and curriculum and engage
students with technology; and

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2012, section 124D.10, subdivision 8, is amended to read:


Subd. 8.

Federal, state, and local requirements.

(a) A charter school shall meet all
federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.

(c) A school authorized by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.

(d) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. An authorizer may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution. A charter school student must be released for religious instruction, consistent
with section 120A.22, subdivision 12, clause (3).

(e) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled. This paragraph does not
apply to shared time aid under section 126C.19.

(f) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.

(g) A charter school may not charge tuition.

(h) A charter school is subject to and must comply with chapter 363A and section
121A.04.

(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(j) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the federal Single Audit Act, if applicable,
and section 6.65. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and
471.425. The audit must comply with the requirements of sections 123B.75 to 123B.83,
except to the extent deviations are necessary because of the program at the school.
Deviations must be approved by the commissioner and authorizer. The Department of
Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
or compliance audits. A charter school determined to be in statutory operating debt under
sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

(k) A charter school is a district for the purposes of tort liability under chapter 466.

(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
subdivision 7
; 121A.75; and 260B.171, subdivisions 3 and 5.

(m) A charter school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(n) A charter school offering online courses or programs must comply with section
124D.095.

(o) A charter school and charter school board of directors are subject to chapter 181.

(p) A charter school must comply with section 120A.22, subdivision 7, governing
the transfer of students' educational records and sections 138.163 and 138.17 governing
the management of local records.

(q) A charter school that provides early childhood health and developmental
screening must comply with sections 121A.16 to 121A.19.

(r) A charter school that provides school-sponsored youth athletic activities must
comply with section 121A.38.

new text begin (s) A charter school must comply with section 121A.031 governing policies on
prohibited conduct.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 10.

Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read:


Subdivision 1.

Program goals.

The department, in consultation with the state
curriculum advisory committee, must develop guidelines and model plans for parental
involvement programs that will:

(1) engage the interests and talents of parents or guardians in recognizing and
meeting the emotional, intellectual, and physical needs of their school-age children;

(2) promote healthy self-concepts among parents or guardians and other family
members;

(3) offer parents or guardians a chance to share and learn about educational skills,
techniques, and ideas;

(4) provide creative learning experiences for parents or guardians and their
school-age children, including involvement from parents or guardians of color;

(5) encourage parents to actively participate in their district's curriculum advisory
committee under section 120B.11 in order to assist the school board in improving
children's education programs; deleted text beginand
deleted text end

(6) encourage parents to help in promoting school desegregation/integrationnew text begin; and
new text end

new text begin (7) partner with parents in establishing a positive school climate by developing
and implementing prevention and intervention programs on prohibited conduct under
section 121A.031
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2012, section 124D.8955, is amended to read:


124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.

(a) In order to promote and support student achievement, a local school board is
encouraged to formally adopt and implement a parent and family involvement policy that
promotes and supports:

(1) communication between home and school that is regular, two-way, and
meaningful;

(2) parenting skills;

(3) parents and caregivers who play an integral role in assisting student learning and
learn about fostering students' academic success and learning at home and school;

(4) welcoming parents in the school and seeking their support and assistance;

(5) partnerships with parents in the decisions that affect children and families
in the schools; and

(6) providing community resources to strengthen schools, families, and student
learningnew text begin, including establishing a safe and supportive school climate by developing and
implementing prevention and intervention programs on prohibited conduct under section
121A.031
new text end.

(b) A school board that implements a parent and family involvement policy under
paragraph (a) must convene an advisory committee composed of an equal number of
resident parents who are not district employees and school staff to make recommendations
to the board on developing and evaluating the board's parent and family involvement
policy. If possible, the advisory committee must represent the diversity of the district. The
advisory committee must consider the district's demographic diversity and barriers to
parent involvement when developing its recommendations.new text begin The advisory committee must
recommend to the school board and district or school how programs serving children and
adolescents can collaborate on:
new text end

new text begin (1) understanding child and adolescent development;
new text end

new text begin (2) encouraging healthy communication between parents and children;
new text end

new text begin (3) managing students' behavior through positive reinforcement;
new text end

new text begin (4) establishing expectations for student behavior;
new text end

new text begin (5) providing media and Internet guidance, limits, and supervision; and
new text end

new text begin (6) promoting resilience and reducing risks for children.new text end

The advisory committee must present its recommendations to the board for board
consideration.

(c) The board must consider best practices when implementing this policy.

(d) The board periodically must review this policy to determine whether it is aligned
with the most current research findings on parent involvement policies and practices and
how effective the policy is in supporting increased student achievement.

(e) Nothing in this section obligates a school district to exceed any parent or family
involvement requirement under federal law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2012, section 125B.15, is amended to read:


125B.15 INTERNET ACCESS FOR STUDENTS.

(a) Recognizing the difference between school libraries, school computer labs, and
school media centers, which serve unique educational purposes, and public libraries,
which are designed for public inquiry, all computers at a school site with access to the
Internet available for student use must be equipped to restrict, including by use of
available software filtering technology or other effective methods, all student access
to material that is reasonably believed to be obscene or child pornography or material
harmful to minors under federal or state law.

(b) A school site is not required to purchase filtering technology if the school site
would incur more than incidental expense in making the purchase.

(c) A school district receiving technology revenue under section 125B.26 must
prohibit, including through use of available software filtering technology or other effective
methods, adult access to material that under federal or state law is reasonably believed to
be obscene or child pornography.

(d) A school district, its agents or employees, are immune from liability for failure
to comply with this section if they have made a good faith effort to comply with the
requirements of this section.

(e) "School site" means an education site as defined in section 123B.04, subdivision
1
, or charter school under section 124D.10.

new text begin (f) All school sites having computers with Internet access must adopt and implement
a policy to prohibit cyberbullying, consistent with section 121A.031.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

new text begin [127A.051] SCHOOL CLIMATE COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and membership. new text end

new text begin (a) A 24-member multiagency
leadership council is established to improve school climate and school safety so that all
Minnesota students in prekindergarten through grade 12 schools and higher education
institutions have a safe and supportive learning environment in order to maximize each
student's learning potential.
new text end

new text begin (b) The council shall consist of:
new text end

new text begin (1) the commissioners or their designees from the Departments of Education,
Health, Human Rights, Human Services, Public Safety, and Corrections, and the Office of
Higher Education;
new text end

new text begin (2) one representative each from the Board of Teaching, Board of School
Administrators, Minnesota School Boards Association, Elementary School Principals
Association, Association of Secondary School Principals, and Education Minnesota as
selected by each organization;
new text end

new text begin (3) two representatives each of student support personnel, parents, and students as
selected by the commissioner of education;
new text end

new text begin (4) two representatives of local law enforcement as selected by the commissioner of
public safety;
new text end

new text begin (5) two representatives of the judicial branch as selected by the chief justice of
the Supreme Court; and
new text end

new text begin (6) one charter school representative selected by the Minnesota Association of
Charter Schools.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The council must provide leadership for the following activities:
new text end

new text begin (1) establishment of norms and standards for prevention, intervention, and support
around issues of prohibited conduct;
new text end

new text begin (2) advancement of evidence-based policy and best practices to improve school
climate and promote school safety; and
new text end

new text begin (3) development and dissemination of resources and training for schools and
communities about issues of prohibited conduct and other school safety-related issues.
new text end

Sec. 14.

new text begin [127A.052] SCHOOL CLIMATE CENTER.
new text end

new text begin (a) The commissioner shall establish a school climate center at the department to
help districts and schools under section 121A.031 provide a safe and supportive learning
environment and foster academic achievement for all students by focusing on prevention,
intervention, support, and recovery efforts to develop and maintain safe and supportive
schools. The center must work collaboratively with implicated state agencies identified
by the center and schools, communities, and interested individuals and organizations to
determine how to best use available resources.
new text end

new text begin (b) The center's services shall include:
new text end

new text begin (1) evidence-based policy review, development, and dissemination;
new text end

new text begin (2) single, point-of-contact services designed for schools, parents, and students
seeking information or other help;
new text end

new text begin (3) qualitative and quantitative data gathering, interpretation, and dissemination of
summary data for existing reporting systems and student surveys and the identification
and pursuit of emerging trends and issues;
new text end

new text begin (4) assistance to districts and schools in using Minnesota student survey results to
inform intervention and prevention programs;
new text end

new text begin (5) education and skill building;
new text end

new text begin (6) multisector and multiagency planning and advisory activities incorporating
best practices and research; and
new text end

new text begin (7) administrative and financial support for school and district planning, schools
recovering from incidents of violence, and school and district violence prevention
education.
new text end

new text begin (c) The center shall:
new text end

new text begin (1) compile and make available to all districts and schools evidence-based elements
and resources to develop and maintain safe and supportive schools;
new text end

new text begin (2) establish and maintain a central repository for collecting and analyzing
information about prohibited conduct, including, but not limited to:
new text end

new text begin (i) training materials on strategies and techniques to prevent and appropriately
address prohibited conduct;
new text end

new text begin (ii) model programming;
new text end

new text begin (iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph
(f); and
new text end

new text begin (iv) other resources for improving the school climate and preventing prohibited
conduct;
new text end

new text begin (3) assist districts and schools to develop strategies and techniques for effectively
communicating with and engaging parents in efforts to protect and deter students from
prohibited conduct; and
new text end

new text begin (4) solicit input from social media experts on implementing this section.
new text end

new text begin (d) The commissioner shall provide administrative services including personnel,
budget, payroll and contract services, and staff support for center activities including
developing and disseminating materials, providing seminars, and developing and
maintaining a Web site. Center staff shall include a center director, a data analyst
coordinator, and trainers who provide training to affected state and local organizations
under a fee-for-service agreement. The financial, administrative, and staff support the
commissioner provides under this section must be based on an annual budget and work
program developed by the center and submitted to the commissioner by the center director.
new text end

new text begin (e) School climate center staff may consult with school safety center staff at the
Department of Public Safety in providing services under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning July 1, 2013.
new text end

Sec. 15.

Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read:


Subd. 2.

Violations of law.

The commissioner may reduce or withhold the district's
state aid for any school year whenever the board of the district authorizes or permits
violations of law within the district by:

(1) employing a teacher who does not hold a valid teaching license or permit in a
public school;

(2) noncompliance with a mandatory rule of general application promulgated by the
commissioner in accordance with statute, unless special circumstances make enforcement
inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
the district's best interests;

(3) the district's continued performance of a contract made for the rental of rooms
or buildings for school purposes or for the rental of any facility owned or operated by or
under the direction of any private organization, if the contract has been disapproved, the
time for review of the determination of disapproval has expired, and no proceeding for
review is pending;

(4) any practice which is a violation of sections 1 and 2 of article 13 of the
Constitution of the state of Minnesota;

(5) failure to reasonably provide for a resident pupil's school attendance under
Minnesota Statutes;

(6) noncompliance with state laws prohibiting discrimination because of race,
color, creed, religion, national origin, sex, age, marital status, status with regard to
public assistance deleted text beginordeleted text endnew text begin,new text end disability, as defined in sections 363A.08 to 363A.19 and 363A.28,
subdivision 10
new text begin, or noncompliance with prohibited conduct under section 121A.031new text end; or

(7) using funds contrary to the statutory purpose of the funds.

The reduction or withholding must be made in the amount and upon the procedure
provided in this section, or, in the case of the violation stated in clause (1), upon the
procedure provided in section 127A.43.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 121A.03; and 121A.0695, new text end new text begin are repealed effective
July 1, 2013.
new text end