HF 192

as introduced - 88th Legislature (2013 - 2014) Posted on 01/28/2013 01:42pm

A bill for an act
relating to education; establishing a state policy to protect students from bullying;
proposing coding for new law in Minnesota Statutes, chapter 121A; repealing
Minnesota Statutes 2012, section 121A.0695.

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

Section 1.

new text begin [121A.07] PROHIBITING BULLYING IN SCHOOLS.
new text end

new text begin Subdivision 1. new text end

new text begin Policy to prohibit bullying. new text end

new text begin (a) School districts, in collaboration
with interested community members, must adopt and implement a policy under this
section to prohibit bullying and other conduct that materially disrupts a student's learning
environment. The policy must prohibit bullying and other such conduct on school
premises, during a school-sponsored event or activity at any location, while students are
being transported by or on behalf of the district, and while students are using information
technology, communication devices, or other technology to communicate or to access the
Internet, regardless of location. The policy must contain the definition of bullying under
subdivision 2.
new text end

new text begin (b) The policy must establish appropriate procedures to:
new text end

new text begin (1) proactively address bullying and other prohibited conduct;
new text end

new text begin (2) report alleged bullying to designated school personnel;
new text end

new text begin (3) investigate reports of alleged bullying;
new text end

new text begin (4) notify the parent when school personnel determine the parent's student was
bullying or bullied;
new text end

new text begin (5) discipline a student who bullied another student and provide support to a student
who was bullied; and
new text end

new text begin (6) protect information in an investigative report, consistent with paragraph (e)
and section 13.32 and related law.
new text end

new text begin (c) Districts must apply the policy uniformly to all students.
new text end

new text begin (d) The policy must specifically require that nothing infringe upon a student's first
amendment rights or prohibit a student from expressing a religious, philosophical, moral,
or political viewpoint to the extent the student's expression does not materially disrupt
the learning environment.
new text end

new text begin (e) Investigative and disciplinary information under this section are private data on
individuals but such information may be reported to law enforcement agencies, including
the juvenile justice system, if the reporter reasonably believes the prohibited conduct
violates Minnesota's criminal code.
new text end

new text begin (f) Consistent with section 121A.55, paragraph (a), districts at least annually must
provide students, school personnel, and parents with a copy of the antibullying policy
in an electronic or paper format sufficient to give each person notice and also post an
electronic copy of the policy on the district's official Web site.
new text end

new text begin Subd. 2. new text end

new text begin Definition of bullying. new text end

new text begin For purposes of this section, "bullying" means
severe or persistent conduct by a student or group of students against another student
that causes the student physical harm or emotional distress and which school personnel
determine will materially disrupt the student's learning environment. Bullying also
includes student speech, whether oral, written, or electronic, if, according to school
personnel, it is lewd, indecent, or obscene; advocates illegal conduct; involves use of
threatening words; or will materially disrupt the learning environment.
new text end

new text begin Subd. 3. new text end

new text begin Retaliation and intentionally false reports. new text end

new text begin (a) Retaliation is prohibited
against a person who, in good faith, reports bullying or is thought to have reported bullying,
or participates in a bullying investigation. Reports of alleged retaliation are subject to the
same procedures under subdivision 1, paragraph (b), as reports of alleged bullying.
new text end

new text begin (b) Making intentionally false reports about bullying is prohibited and must be a
cause for discipline.
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new text begin Subd. 4. new text end

new text begin Interpretation and application. new text end

new text begin District personnel who comply in good
faith with the provisions of this section are immune from civil or criminal liability that
might otherwise result from their actions.
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. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 121A.0695, new text end new text begin is repealed.
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