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HF 826

7th Engrossment - 88th Legislature (2013 - 2014) Posted on 04/30/2014 09:29am

KEY: stricken = removed, old language. underscored = added, new language.



Version List Authors and Status

A bill for an act
relating to education; providing for safe and supportive schools by prohibiting
bullying; amending Minnesota Statutes 2012, sections 124D.895, subdivision 1;
124D.8955; Minnesota Statutes 2013 Supplement, section 124D.10, subdivision
8; proposing coding for new law in Minnesota Statutes, chapters 121A; 127A;
repealing Minnesota Statutes 2012, section 121A.0695.


Section 1.


Subdivision 1.

Student bullying policy; scope and application.

(a) This section
applies to bullying by a student against another student enrolled in a public school and
which occurs:

(1) on the school premises, at the school functions or activities, or on the school

(2) by use of electronic technology and communications on the school premises,
during the school functions or activities, on the school transportation, or on the school
computers, networks, forums, and mailing lists; or

(3) by use of electronic technology and communications off the school premises to
the extent such use substantially and materially disrupts student learning or the school

(b) 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, if any, and any summary data on its bullying incidents.

(c) This section does not apply to a home school under sections 120A.22, subdivision
4, and 120A.24, or a nonpublic school under section 123B.41, subdivision 9.

(d) A school-aged child who voluntarily participates in a public school activity such
as a co-curricular or extra-curricular activity, is subject to the same student bullying policy
provisions applicable to the public school students participating in the activity.

Subd. 2.


(a) For purposes of this section, the following terms have
the meanings given them.

(b) "District" means a district under section 120A.05, subdivision 8.

(c) "Public school" or "school" means a public school under section 120A.05,
subdivisions 9, 11, 13, and 17, and a charter school under section 124D.10.

(d) "Student" means a student enrolled in a school under paragraph (c).

(e) "Bullying" means intimidating, threatening, abusive, or harming conduct that is
objectively offensive and:

(1) there is an actual or perceived imbalance of power between the student engaging
in prohibited conduct and the target of the behavior and the conduct is repeated or forms a
pattern; or

(2) materially and substantially interferes with a student's educational opportunities
or performance or ability to participate in school functions or activities or receive school
benefits, services, or privileges.

(f) "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, transmitted
through a computer, cell phone, or other electronic device.

(g) Intimidating, threatening, abusive, or harming conduct may involve, but is not
limited to, conduct that 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; 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; is directed at
any student or students, including those based on a person's actual or perceived race,
ethnicity, color, creed, religion, national origin, immigration status, sex, marital status,
familial status, socioeconomic status, physical appearance, sexual orientation, including
gender identity and expression, academic status related to student performance, disability,
or status with regard to public assistance, age, or any additional characteristic defined
in chapter 363A. However, prohibited conduct need not be based on any particular
characteristic defined in this paragraph or chapter 363A.

(h) "Prohibited conduct" means bullying or cyberbullying as defined under this
subdivision or retaliation for asserting, alleging, reporting, or providing information about
such conduct or knowingly making a false report about bullying.

(i) "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 safety technical assistance 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.

Subd. 3.

Local district and school policy.

(a) Districts and schools, in consultation
with students, parents, and community organizations, to the extent practicable, shall adopt,
implement, and, on a cycle consistent with other district policies, review, and revise where
appropriate, a written policy to prevent and prohibit student bullying 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 3 to 5 or comply with the
provisions of the state model policy in subdivision 6.

(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 safety technical assistance center under
section 127A.052 in complying with local policy requirements. The policy shall:

(1) define the roles and responsibilities of students, school personnel, and volunteers
under the policy;

(2) specifically list the characteristics contained in subdivision 2, paragraph (g);

(3) emphasize remedial responses;

(4) be conspicuously posted in the administrative offices of the school and school
district in summary form;

(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;

(6) be included in the student handbook on school policies; and

(7) be available to all parents and other school community members in an electronic
format in the languages appearing on the district or school Web site, consistent with
the district policies and practices.

(c) Consistent with its applicable policies and practices, Each district and school
under this subdivision must discuss its policy with students, school personnel, and
volunteers and provide appropriate training for all school personnel to prevent, identify,
and respond to prohibited conduct. Districts and schools must establish a training cycle,
not to exceed a period of three school years, for school personnel under this paragraph.
Newly employed school personnel must receive the training within the first year of their
employment with the district or school. A district or school administrator may accelerate
the training cycle or provide additional training based on a particular need or circumstance.

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

Subd. 4.

Local policy components.

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

(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;

(2) require school employees 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;

(3) provide a procedure to begin to 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;

(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; at the school administrator's discretion and consistent with state and federal
data practices law governing access to data, including section 13.02, subdivision 8, a
presumption that a district or school official will notify the parent of the reported target
of the prohibited conduct and the parent of the actor engaged in the prohibited conduct;
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;

(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;

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

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

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

(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;

(10) require ongoing professional development, consistent with section 122A.60, to
build the skills of all school personnel who regularly interact with students, including, but
not limited to, educators, administrators, school counselors, social workers, psychologists,
other school mental health professionals, school nurses, cafeteria workers, custodians,
bus drivers, athletic coaches, extracurricular activities advisors, and paraprofessionals to
identify, prevent, and appropriately address prohibited conduct;

(11) allow the alleged actor in an investigation of prohibited conduct to present
a defense; and

(12) inform affected students and their parents of their rights under state and federal
data practices laws to obtain access to data related to the incident and their right to contest
the accuracy or completeness of the data.

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

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

(2) the complex dynamics affecting an actor, target, and witnesses to prohibited

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

(4) the incidence and nature of cyberbullying; and

(5) Internet safety and cyberbullying.

Subd. 5.

Safe and supportive schools programming.

(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 safety technical assistance 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.

(b) Districts and schools are encouraged to:

(1) engage all students in creating a safe and supportive school environment;

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

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

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

(5) teach students to advocate for themselves and others;

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

(7) foster student collaborations that foster a safe and supportive school climate.

Subd. 6.

State model policy.

(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 3 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:

(1) define prohibited conduct, consistent with this section;

(2) apply the prohibited conduct policy components in this section;

(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 prohibited conduct
because of the child's disability, the child's individualized education program or section
504 plan may address the skills and proficiencies the child needs to not engage in and
respond to such conduct; and

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

(b) The commissioner shall develop and post departmental procedures for:

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

(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; and

(3) allowing students, parents, and educators to file a complaint about noncompliance
with the commissioner.

(c) 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.

Subd. 7.

Relation to existing law.

This section does not:

(1) establish any private right of action;

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

(3) interfere with a person's rights of religious expression and free speech and
expression under the First Amendment of the Unites States Constitution.


This section is effective for the 2014-2015 school year and

Sec. 2.


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.


This section is effective for the 2014-2015 school year and

Sec. 3.

Minnesota Statutes 2013 Supplement, 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

(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, except as required under subdivision 6a. 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

(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.

(s) A charter school is subject to and must comply with continuing truant notification
under section 260A.03.

(t) A charter school must develop and implement a teacher evaluation and peer
review process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (12).

(u) A charter school must adopt a policy, plan, budget, and process, consistent with
section 120B.11, to review curriculum, instruction, and student achievement and strive
for the world's best workforce.

(v) A charter school must comply with section 121A.031 governing policies on
prohibited conduct.


This section is effective for the 2014-2015 school year and

Sec. 4.

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

(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; and

(6) encourage parents to help in promoting school desegregation/integration; and

(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


This section is effective the day following final enactment.

Sec. 5.

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


(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

(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
learning, including establishing a safe and supportive school climate by developing and
implementing prevention and intervention programs on prohibited conduct under section

(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. The advisory committee must
recommend to the school board and district or school how programs serving children and
adolescents can collaborate on:

(1) understanding child and adolescent development;

(2) encouraging healthy communication between parents and children;

(3) managing students' behavior through positive reinforcement;

(4) establishing expectations for student behavior;

(5) providing media and Internet limits and supervision; and

(6) promoting resilience and reducing risks for children.

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

(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.


This section is effective the day following final enactment.

Sec. 6.


Subdivision 1.

Establishment and membership; terms.

(a) A 23-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.

(b) The council shall consist of:

(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;

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

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

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

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

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

(c) A member serves at the pleasure of their appointing authority and continues
to serve until their successor is appointed.

Subd. 2.


The council must provide leadership for the following activities:

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

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

(3) development and dissemination of resources and training for schools and
communities about issues of prohibited conduct under section 121A.031, and other school
safety-related issues; and

(4) develop policies and procedures for the services provided by the school climate
center under section 127A.052.

Subd. 3.

Meetings; chair.

The commissioner of education must convene the first
meeting of the council by October 1, 2014, and must serve as chair. The council must meet
at least one time per year. The council does not need a quorum to conduct its meetings.

Subd. 4.


Council members are not eligible for compensation or
reimbursement for expenses related to council activities.

Subd. 5.


The Department of Education and the Department of Public
Safety must provide technical assistance to council members upon request. The council,
upon request, must consult with the school safety technical assistance center and the
school safety center.

Subd. 6.


The council must report its activities annually by October 1,
to the commissioner of education. The Department of Education must post the council's
meeting notices and other relevant information regarding its duties on the agency's Web site.

Subd. 7.


The council expires on June 30, 2019.

Sec. 7.


(a) The commissioner shall establish a school safety technical assistance 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.

(b) The center's services shall include:

(1) evidence-based policy review, development, and dissemination;

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

(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;

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

(5) education and skill building;

(6) multisector and multiagency planning and advisory activities incorporating
best practices and research; and

(7) administrative and financial support for school and district planning, schools
recovering from incidents of violence, and school and district violence prevention

(c) The center shall:

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

(2) establish and maintain a central repository for collecting and analyzing
information about prohibited conduct under section 121A.031, including, but not limited to:

(i) training materials on strategies and techniques to prevent and appropriately
address prohibited conduct under section 121A.031;

(ii) model programming;

(iii) remedial responses consistent with section 121A.031, subdivision 2, paragraph
(i); and

(iv) other resources for improving the school climate and preventing prohibited
conduct under section 121A.031;

(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 under section 121A.031; and

(4) solicit input from social media experts on implementing this section.

(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.

(e) School safety technical assistance center staff may consult with school safety
center staff at the Department of Public Safety in providing services under this section.

(f) The center is voluntary and advisory. The center does not have enforcement,
rulemaking, oversight, or regulatory authority.

(g) The center expires on June 30, 2019.


This section is effective beginning July 1, 2014.


Minnesota Statutes 2012, section 121A.0695, is repealed effective July 1, 2014.

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10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10
11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25
12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7
14.9 14.10

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