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SF 783

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/14/2013 03:21pm

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

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Introduction Pdf Posted on 02/22/2013
1st Engrossment Pdf Posted on 03/06/2013
2nd Engrossment Pdf Posted on 03/20/2013

Current Version - 2nd Engrossment

1.1A bill for an act
1.2relating to education; providing for safe and supportive schools; authorizing
1.3rulemaking; appropriating money;amending Minnesota Statutes 2012, sections
1.4120B.36, subdivision 1; 121A.55; 121A.69, subdivision 3; 122A.60, subdivisions
1.51a, 3; 124D.10, subdivision 8; 124D.895, subdivision 1; 124D.8955; 125B.15;
1.6127A.42, subdivision 2; proposing coding for new law in Minnesota Statutes,
1.7chapters 121A; 127A; repealing Minnesota Statutes 2012, sections 121A.03;
1.8121A.0695.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. TITLE.
1.11This act may be cited as the "Safe and Supportive Minnesota Schools Act."

1.12    Sec. 2. Minnesota Statutes 2012, section 120B.36, subdivision 1, is amended to read:
1.13    Subdivision 1. School performance report cards. (a) The commissioner
1.14shall report student academic performance under section 120B.35, subdivision 2; the
1.15percentages of students showing low, medium, and high growth under section 120B.35,
1.16subdivision 3
, paragraph (b); school safety and student engagement and connection
1.17under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section
1.18120B.35, subdivision 3 , paragraph (c); two separate student-to-teacher ratios that clearly
1.19indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for
1.20purposes of determining these ratios; staff characteristics excluding salaries; student
1.21enrollment demographics; district mobility; summary data on incidents of student
1.22bullying, cyberbullying, harassment, and intimidation and remedial responses to the
1.23incidents under section 121A.031, subdivision 4, clause (10); and extracurricular
1.24activities. The report also must indicate a school's adequate yearly progress status, and
1.25must not set any designations applicable to high- and low-performing schools due solely
2.1to adequate yearly progress status. The commissioner must use the summary data on
2.2prohibited conduct reported under section 121A.031, subdivision 4, clause (10), to inform
2.3the work of the school climate center under section 127A.052 and to assist districts and
2.4schools in improving the educational outcomes of all students and specific categories of
2.5students affected by such prohibited conduct.
2.6    (b) The commissioner shall develop, annually update, and post on the department
2.7Web site school performance report cards.
2.8    (c) The commissioner must make available performance report cards by the
2.9beginning of each school year.
2.10    (d) A school or district may appeal its adequate yearly progress status in writing to
2.11the commissioner within 30 days of receiving the notice of its status. The commissioner's
2.12decision to uphold or deny an appeal is final.
2.13    (e) School performance report card data are nonpublic data under section 13.02,
2.14subdivision 9
, until the commissioner publicly releases the data. The commissioner shall
2.15annually post school performance report cards to the department's public Web site no later
2.16than September 1, except that in years when the report card reflects new performance
2.17standards, the commissioner shall post the school performance report cards no later than
2.18October 1.
2.19EFFECTIVE DATE.This section is effective for the 2015-2016 school year and
2.20later.

2.21    Sec. 3. [121A.031] SCHOOL POLICY TO PROVIDE SAFE AND SUPPORTIVE
2.22SCHOOLS.
2.23    Subdivision 1. Local and state policy; scope and application. (a) This section
2.24applies to:
2.25(1) conduct on school premises, at school functions or activities, and on school
2.26transportation;
2.27(2) use of electronic technology and communications on school premises, during
2.28school functions or activities, on school transportation, and on school computers,
2.29networks, forums, and mailing lists; and
2.30(3) use of electronic technology and communications off school premises to the
2.31extent such use is reasonably foreseeable to substantially and materially disrupt student
2.32learning or the school environment.
2.33(b) This section applies to school districts as defined in section 121A.41, subdivision
2.343, and schools as defined in section 120A.05, subdivisions 9, 11, 13, and 17, and in
3.1123B.41, subdivision 9, if the school has more than 15 enrolled students and receives
3.2public funds or other public resources.
3.3    Subd. 2. Local district and school policy. (a) Districts and schools, in consultation
3.4with students, parents, teachers, other school personnel, and community organizations,
3.5shall adopt, implement, and annually review, and revise where appropriate, a written policy
3.6to prevent and prohibit student bullying, cyberbullying, harassment, and intimidation,
3.7consistent with this section. The policy must conform with sections 121A.41 to 121A.56.
3.8A district or school must adopt and implement a local policy under subdivisions 2 to 5 or
3.9comply with the provisions of the state model policy in subdivision 6.
3.10(b) Each local district and school policy must establish research-based,
3.11developmentally appropriate best practices that include preventive and remedial measures
3.12and effective discipline for deterring policy violations; apply throughout the school or
3.13district; and foster active student, parent, and community participation. A district or
3.14school may request assistance from the school climate center under section 127A.052 in
3.15complying with local policy requirements. The policy shall:
3.16(1) apply to all students, school personnel, and volunteers;
3.17(2) specifically list the characteristics contained in the definition of prohibited
3.18conduct under subdivision 3, paragraph (f);
3.19(3) emphasize remedial responses over punitive measures;
3.20(4) be conspicuously posted throughout the school building;
3.21(5) be given to each school employee and independent contractor, if a contractor
3.22regularly interacts with students, at the time of employment with the district or school;
3.23(6) be included in the student handbook on school policies; and
3.24(7) be available to all parents and other school community members in accessible
3.25languages and format on the district or school Web site.
3.26    (c) Each district and school under this subdivision must discuss its policy with
3.27students, school personnel, and volunteers and provide training for all school personnel
3.28and volunteers who regularly have direct contact with students to prevent, identify, and
3.29appropriately respond to prohibited conduct.
3.30    (d) Each district and school under this subdivision must submit an electronic copy
3.31of its bullying, cyberbullying, harassment, and intimidation policy to the commissioner
3.32for review.
3.33    Subd. 3. Definitions. (a) The terms defined in this subdivision have the meanings
3.34given them for purposes of this act.
3.35(b) "Bullying" means use of one or a series of words, images, or actions, directly or
3.36indirectly between individuals or through technology, that a reasonable person knows or
4.1should know, under the circumstances, will have the effect of materially interfering with
4.2the ability of an individual, including a student who observes the conduct, to participate
4.3in a safe and supportive learning environment. Examples of bullying may include, but
4.4are not limited to, conduct that:
4.5(1) places an individual in reasonable fear of harm to person or property, including
4.6through intimidation;
4.7(2) has a detrimental effect on the physical, social, or emotional health of a student;
4.8(3) interferes with a student's educational performance or ability to participate in
4.9educational opportunities;
4.10(4) encourages the deliberate exclusion of a student from a school service, activity,
4.11or privilege;
4.12(5) creates or exacerbates a real or perceived imbalance of power between students;
4.13(6) violates the reasonable expectation of privacy of one or more individuals; or
4.14(7) relates to the actual or perceived race, ethnicity, color, creed, religion, national
4.15origin, immigration status, sex, age, marital status, familial status, socioeconomic status,
4.16physical appearance, sexual orientation, gender identity and expression, academic status,
4.17disability, or status with regard to public assistance, age, or any additional characteristic
4.18defined in chapter 363A of a person or of a person with whom that person associates, but
4.19the conduct does not rise to the level of harassment.
4.20(c) "Cyberbullying" means bullying through use of technology or any electronic
4.21communication, including, but not limited to, a transfer of signs, signals, writing, images,
4.22sounds, or data, including a post on a social network Internet Web site or forum transmitted
4.23through a computer, cell phone, or other electronic device.
4.24(d) "Harassment" means intimidating or abusive behavior toward an individual based
4.25on actual or perceived race, ethnicity, color, creed, religion, national origin, immigration
4.26status, sex, age, marital status, familial status, socioeconomic status, physical appearance,
4.27sexual orientation, gender identity and expression, academic status, disability, or status
4.28with regard to public assistance, age, or any additional characteristic defined in chapter
4.29363A that creates a hostile environment by materially interfering with or denying a student
4.30or other individual the ability to participate in or receive a benefit, service, or opportunity
4.31in a district or school program. Harassing conduct is unwelcome if the person does not
4.32request or invite it and considers the conduct to be undesirable or offensive.
4.33(e) "Intimidation" means a method used to bully or harass an individual.
4.34(f) "Prohibited conduct" means bullying, cyberbullying, harassment, or intimidation
4.35as defined under this subdivision, retaliation for asserting or alleging such conduct,
4.36perpetuating such conduct by transmitting or otherwise communicating hurtful or
5.1demeaning material, or engaging in speech that will materially disrupt a student's learning
5.2environment. Prohibited conduct includes discriminatory conduct based on a person's
5.3actual or perceived race, ethnicity, color, creed, religion, national origin, immigration
5.4status, sex, marital status, familial status, socioeconomic status, physical appearance,
5.5sexual orientation, gender identity and expression, academic status, disability, or status
5.6with regard to public assistance, age, or any additional characteristic defined in chapter
5.7363A, as well as association with a person or group of persons with one or more of these
5.8actual or perceived characteristics; however, prohibited conduct need not be based on any
5.9particular characteristic defined in this paragraph or chapter 363A. Each district and
5.10school must list in their policy the characteristics identified in this paragraph.
5.11(g) "Remedial response" means a measure designed to stop and correct prohibited
5.12conduct, prevent prohibited conduct from recurring, and protect, support, and intervene on
5.13behalf of the student who is the target of the prohibited conduct. Districts and schools
5.14may seek the assistance of the school climate center under section 127A.052 to develop
5.15and implement remedial responses on behalf of a student who is the target of prohibited
5.16conduct, to stop and correct a student engaging in prohibited conduct, and for use with
5.17students and adults in the school community. Districts and schools need not report the
5.18use of remedial responses when their use is unrelated to any particular incident of student
5.19bullying, cyberbullying, harassment, or intimidation.
5.20    Subd. 4. Local policy components. (a) Each district and school policy, in
5.21prohibiting bullying, cyberbullying, harassment, and intimidation against all students and
5.22specific categories of students based on actual or perceived characteristics listed under
5.23subdivision 3, paragraph (f), must, at a minimum:
5.24(1) designate a staff member as the primary contact person in the school building to
5.25receive reports of all formal complaints, ensure the policy and its procedures including
5.26restorative practices, consequences, and sanctions are fairly and fully implemented, and
5.27serve as the primary contact on policy and procedural matters implicating both the district
5.28or school and the department;
5.29(2) require school employees and trained volunteers who witness bullying,
5.30cyberbullying, harassment, or intimidation incidents or possess reliable information
5.31that would lead to a reasonable person to suspect that a student is a target of bullying,
5.32cyberbullying, harassment, or intimidation to make reasonable efforts to address and
5.33resolve the prohibited conduct to the extent it does not materially disrupt the education
5.34process;
5.35(3) where prohibited conduct appears to materially disrupt the education process,
5.36provide a procedure to promptly begin investigation of a bullying, cyberbullying,
6.1harassment, or intimidation report within three school days of the report, and make the
6.2primary contact person responsible for the investigation and any resulting record and for
6.3keeping and regulating access to any record;
6.4(4) indicate how a school will respond to an identified incident of bullying,
6.5cyberbullying, harassment, or intimidation, including immediately intervening to protect
6.6the target of the prohibited conduct; at the school administrator's discretion and consistent
6.7with state and federal data practices law governing access to data, notifying the parent of
6.8the reported target of the prohibited conduct, the parent of the student who bullies, law
6.9enforcement officials, or officials of a park and recreation public agency that has adopted a
6.10policy substantially similar to the requirements of section 121A.031 and provides training
6.11to those who have regular contact with youth patrons and personnel who have access
6.12to private data on youth patrons; providing other remedial responses to the prohibited
6.13conduct; and ensuring that remedial responses are tailored to the particular incident and
6.14nature of the conduct and the student's developmental age and behavioral history;
6.15(5) prohibit reprisals or retaliation against any person who reports bullying,
6.16cyberbullying, harassment, or intimidation and establish appropriate consequences for a
6.17person who engages in reprisal or retaliation;
6.18(6) allow anonymous reporting;
6.19(7) refer the target, individual who bullies, and other affected individuals to
6.20information about available community resources, as appropriate;
6.21(8) where appropriate for a child with a disability to prevent or respond to prohibited
6.22conduct, require the child's individualized education program or section 504 team to
6.23consider the skills and proficiencies the child needs to respond to or not engage in
6.24prohibited conduct;
6.25(9) use new employee training materials, the school publication on school rules,
6.26procedures, and standards of conduct, and the student handbook on school policies
6.27to publicize the policy;
6.28(10) require annual reporting, collection, and analysis of summary data on incidents
6.29of bullying, cyberbullying, harassment, and intimidation and on remedial responses both
6.30to individuals and throughout the school; and
6.31(11) require ongoing professional development, consistent with section 122A.60,
6.32to build the skills of all school personnel and volunteers, including, but not limited to,
6.33educators, administrators, school nurses, cafeteria workers, custodians, bus drivers,
6.34athletic coaches, extracurricular activities advisors, volunteers who regularly have direct
6.35contact with students, and paraprofessionals to identify, prevent, and appropriately address
6.36bullying, cyberbullying, harassment, and intimidation.
7.1(b) Professional development under a local policy includes, but is not limited to,
7.2information about:
7.3(1) developmentally appropriate strategies both to prevent and to immediately and
7.4effectively intervene to stop bullying, cyberbullying, harassment, and intimidation;
7.5(2) the complex dynamics affecting an individual who bullies, target, and witnesses
7.6to bullying, cyberbullying, harassment, and intimidation;
7.7(3) research on bullying, cyberbullying, harassment, and intimidation, including
7.8specific categories of students at risk for bullying, cyberbullying, harassment, and
7.9intimidation in school;
7.10(4) the incidence and nature of cyberbullying; and
7.11(5) Internet safety and cyberbullying.
7.12    Subd. 5. Safe and supportive schools programming. (a) Districts and schools
7.13are encouraged to provide developmentally appropriate programmatic instruction to
7.14help students identify, prevent, and reduce bullying, cyberbullying, harassment, and
7.15intimidation; value diversity in school and society; develop and improve students'
7.16knowledge and skills for solving problems, managing conflict, engaging in civil discourse,
7.17and recognizing, responding to, and reporting prohibited conduct; and make effective
7.18prevention and intervention programs available to students, school personnel, and parents.
7.19Upon request, the school climate center under section 127A.052 must assist a district
7.20or school in helping students understand social media and cyberbullying. Districts
7.21and schools must establish strategies for creating a positive school climate and use
7.22evidence-based social-emotional learning to prevent and reduce discrimination and other
7.23prohibited conduct.
7.24(b) Districts and schools are encouraged to:
7.25(1) engage all students in creating a safe and supportive school environment;
7.26(2) partner with parents and other community members to develop and implement
7.27prevention and intervention programs;
7.28(3) engage all students and adults in integrating education, intervention, and other
7.29remedial responses into the school environment;
7.30(4) train student bystanders to intervene in and report incidents of prohibited conduct
7.31to the school's primary contact person;
7.32(5) teach students to advocate for themselves and others;
7.33(6) prevent inappropriate referrals to special education of students who may engage
7.34in prohibited conduct; and
7.35(7) foster student collaborations that support a healthy and safe school climate.
8.1    Subd. 6. State model policy. (a) The commissioner, in consultation with the
8.2commissioner of human rights, shall develop and maintain a state model policy. A district
8.3or school that does not adopt and implement a local policy under subdivisions 2 to 5
8.4must implement and may supplement the provisions of the state model policy. The
8.5commissioner must assist districts and schools under this subdivision to implement the
8.6state policy. The state model policy must:
8.7(1) define bullying, cyberbullying, harassment, and intimidation, consistent with
8.8this section;
8.9(2) apply the bullying, cyberbullying, harassment, and intimidation policy
8.10components in this section;
8.11(3) for a child with a disability, whenever an evaluation by an individualized
8.12education program team or a section 504 team indicates that the child's disability affects
8.13the child's social skills development or the child is vulnerable to bullying, cyberbullying,
8.14harassment, or intimidation because of the child's disability, the child's individualized
8.15education program or section 504 plan team must consider the skills and proficiencies
8.16the child needs to avoid and respond to such conduct; and
8.17(4) encourage violence prevention and character development education programs
8.18under section 120B.232, subdivision 1.
8.19(b) The commissioner shall develop and post departmental procedures for:
8.20(1) periodically reviewing district and school programs and policies for compliance
8.21with this section;
8.22(2) investigating, reporting, and responding to noncompliance with this section,
8.23which may include an annual review of plans to improve and provide a safe and supportive
8.24school climate;
8.25(3) allowing students, parents, and educators to file a complaint about noncompliance
8.26with the commissioner; and
8.27(4) annually publishing statewide summary data on incidents of bullying,
8.28cyberbullying, harassment, and intimidation, consistent with section 120B.36, subdivision
8.291.
8.30(c) Government data of the department on reports and complaints under procedures
8.31developed under paragraph (b), clause (2) or (3), are private data on individuals as defined
8.32in section 13.02, except that the name of a reporter is confidential data on individuals.
8.33    (d) The commissioner must post on the department's Web site information indicating
8.34that when districts and schools allow noncurriculum-related student groups access to
8.35school facilities, the district or school must give all student groups equal access to the
8.36school facilities regardless of the content of the group members' speech.
9.1    Subd. 7. Relation to existing law. This section does not:
9.2(1) establish any private right of action;
9.3(2) limit rights currently available to an individual under other civil or criminal law,
9.4including, but not limited to, chapter 363A; or
9.5(3) interfere with a person's rights of religious expression and free speech and
9.6expression under the First Amendment of the Unites States Constitution.
9.7EFFECTIVE DATE.Subdivision 6, paragraph (b), is effective the day following
9.8final enactment; the remainder of this section applies beginning July 1, 2014.

9.9    Sec. 4. [121A.0315] SAFE AND SUPPORTIVE SCHOOL GRANTS.
9.10    Subdivision 1. Grant program established. The commissioner of education, after
9.11consulting with the commissioners of human rights, human services, and health, shall
9.12establish a safe and supportive schools grant program to enable a school district or school
9.13to implement the requirements in section 121A.031 and foster academic achievement.
9.14All districts and schools participating under section 121A.031 are eligible to apply for a
9.15grant under this section.
9.16    Subd. 2. Grant application. To be eligible to receive a grant, a district or school
9.17must submit an application to the commissioner in the form and manner and according
9.18to the timeline established by the commissioner. The application must describe how
9.19the applicant will create and maintain a safe and supportive school environment and
9.20foster academic achievement given the characteristics and circumstances of its students,
9.21their families, and the school community. The commissioner may require additional
9.22information from the applicant. When reviewing the applications, the commissioner
9.23must determine whether the applicant met the requirements of this section and is able to
9.24meet the requirements of section 121A.031.
9.25    Subd. 3. Grant awards. The commissioner may award grants to eligible applicants
9.26for creating and maintaining a safe and supportive school environment and fostering
9.27academic achievement. Grant amounts may not exceed $....... per resident pupil unit in the
9.28district or school in the prior school year. Grant recipients should be located throughout
9.29the state.
9.30    Subd. 4. Grant proceeds. A grant recipient must use grant funds to create and
9.31maintain a safe and supportive school environment and foster academic achievement
9.32according to the terms of its grant application.
9.33EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

10.1    Sec. 5. Minnesota Statutes 2012, section 121A.55, is amended to read:
10.2121A.55 POLICIES TO BE ESTABLISHED.
10.3(a) The commissioner of education shall promulgate guidelines to assist each school
10.4board. Each school board shall to establish uniform criteria for dismissal and adopt
10.5written policies and rules to effectuate the purposes of sections 121A.031 and 121A.40 to
10.6121A.56 . The policies shall emphasize preventing dismissals through early detection of
10.7problems and shall be designed to address prevent students' inappropriate behavior from
10.8recurring. The policies shall recognize the continuing responsibility of the school for the
10.9education of to educate the pupil during the dismissal period. The alternative educational
10.10services, if the pupil wishes to take advantage of them, must be adequate to allow the
10.11pupil to make progress towards meeting the graduation standards adopted under section
10.12120B.02 and help prepare the pupil for readmission.
10.13(b) An area learning center under section 123A.05 may not prohibit an expelled or
10.14excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
10.15board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
10.16exclude a pupil or to require an admission plan.
10.17(c) Each school district shall develop a policy and report it to the commissioner on
10.18the appropriate use of peace officers and crisis teams to remove students who have an
10.19individualized education program from school grounds.
10.20EFFECTIVE DATE.This section is effective July 1, 2014.

10.21    Sec. 6. Minnesota Statutes 2012, section 121A.69, subdivision 3, is amended to read:
10.22    Subd. 3. School board policy. Each school board shall adopt a written policy
10.23governing student or staff hazing. The policy must apply to student behavior that occurs
10.24on or off school property and during and after school hours and be consistent with section
10.25121A.031. The policy must include reporting procedures and disciplinary consequences
10.26for violating the policy. Disciplinary consequences must be sufficiently severe to deter
10.27violations and appropriately discipline prohibited behavior. Disciplinary consequences
10.28must conform with sections 121A.031 and 121A.41 to 121A.56. Each school must include
10.29the policy in the student handbook on school policies.
10.30EFFECTIVE DATE.This section is effective July 1, 2014.

10.31    Sec. 7. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:
10.32    Subd. 1a. Effective staff development activities. (a) Staff development activities
10.33must:
11.1(1) focus on the school classroom and research-based strategies that improve student
11.2learning;
11.3(2) provide opportunities for teachers to practice and improve their instructional
11.4skills over time;
11.5(3) provide opportunities for teachers to use student data as part of their daily work
11.6to increase student achievement;
11.7(4) enhance teacher content knowledge and instructional skills, including to
11.8accommodate the delivery of digital and blended learning and curriculum and engage
11.9students with technology;
11.10(5) align with state and local academic standards;
11.11(6) provide opportunities to build professional relationships, foster collaboration
11.12among principals and staff who provide instruction, and provide opportunities for
11.13teacher-to-teacher mentoring; and
11.14(7) align with the plan of the district or site for an alternative teacher professional
11.15pay system.
11.16Staff development activities may include curriculum development and curriculum training
11.17programs, and activities that provide teachers and other members of site-based teams
11.18training to enhance team performance. The school district also may implement other
11.19staff development activities required by law and activities associated with professional
11.20teacher compensation models.
11.21(b) Release time provided for teachers to supervise students on field trips and school
11.22activities, or independent tasks not associated with enhancing the teacher's knowledge
11.23and instructional skills, such as preparing report cards, calculating grades, or organizing
11.24classroom materials, may not be counted as staff development time that is financed with
11.25staff development reserved revenue under section 122A.61.
11.26(c) Staff development activities also may include training for school nurses, school
11.27counselors, social workers, psychologists, and other mental health professionals to support
11.28students, teachers, and school administrators in implementing restorative and reparative
11.29best practices to prevent and appropriately address student bullying, cyberbullying,
11.30harassment, and intimidation, consistent with section 121A.031, subdivision 4, paragraph
11.31(b).
11.32EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
11.33later.

11.34    Sec. 8. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:
12.1    Subd. 3. Staff development outcomes. The advisory staff development committee
12.2must adopt a staff development plan for improving student achievement. The plan must
12.3be consistent with education outcomes that the school board determines. The plan
12.4must include ongoing staff development activities that contribute toward continuous
12.5improvement in achievement of the following goals:
12.6(1) improve student achievement of state and local education standards in all areas
12.7of the curriculum by using best practices methods;
12.8(2) effectively meet the needs of a diverse student population, including at-risk
12.9children, children with disabilities, and gifted children, within the regular classroom
12.10and other settings;
12.11(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
12.12student population that is consistent with the state education diversity rule and the district's
12.13education diversity plan;
12.14(4) improve staff collaboration and develop mentoring and peer coaching programs
12.15for teachers new to the school or district;
12.16(5) effectively teach and model violence prevention policy and curriculum that
12.17address early intervention alternatives, issues of harassment, annually train all school staff
12.18and school volunteers who regularly have direct contact with students in best practices to
12.19create and maintain a safe and supportive learning environment, consistent with section
12.20121A.031, and teach nonviolent alternatives for conflict resolution, including restorative
12.21and reparative processes;
12.22(6) effectively deliver digital and blended learning and curriculum and engage
12.23students with technology; and
12.24(7) provide teachers and other members of site-based management teams with
12.25appropriate management and financial management skills.
12.26EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
12.27later.

12.28    Sec. 9. Minnesota Statutes 2012, section 124D.10, subdivision 8, is amended to read:
12.29    Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
12.30federal, state, and local health and safety requirements applicable to school districts.
12.31    (b) A school must comply with statewide accountability requirements governing
12.32standards and assessments in chapter 120B.
12.33    (c) A school authorized by a school board may be located in any district, unless the
12.34school board of the district of the proposed location disapproves by written resolution.
13.1    (d) A charter school must be nonsectarian in its programs, admission policies,
13.2employment practices, and all other operations. An authorizer may not authorize a charter
13.3school or program that is affiliated with a nonpublic sectarian school or a religious
13.4institution. A charter school student must be released for religious instruction, consistent
13.5with section 120A.22, subdivision 12, clause (3).
13.6    (e) Charter schools must not be used as a method of providing education or
13.7generating revenue for students who are being home-schooled. This paragraph does not
13.8apply to shared time aid under section 126C.19.
13.9    (f) The primary focus of a charter school must be to provide a comprehensive
13.10program of instruction for at least one grade or age group from five through 18 years
13.11of age. Instruction may be provided to people younger than five years and older than
13.1218 years of age.
13.13    (g) A charter school may not charge tuition.
13.14    (h) A charter school is subject to and must comply with chapter 363A and section
13.15121A.04 .
13.16    (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
13.17Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
13.18123B.34 to 123B.39.
13.19    (j) A charter school is subject to the same financial audits, audit procedures, and
13.20audit requirements as a district. Audits must be conducted in compliance with generally
13.21accepted governmental auditing standards, the federal Single Audit Act, if applicable,
13.22and section 6.65. A charter school is subject to and must comply with sections 15.054;
13.23118A.01 ; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and
13.24471.425 . The audit must comply with the requirements of sections 123B.75 to 123B.83,
13.25except to the extent deviations are necessary because of the program at the school.
13.26Deviations must be approved by the commissioner and authorizer. The Department of
13.27Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
13.28or compliance audits. A charter school determined to be in statutory operating debt under
13.29sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.
13.30    (k) A charter school is a district for the purposes of tort liability under chapter 466.
13.31    (l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
13.32subdivision 7
; 121A.75; and 260B.171, subdivisions 3 and 5.
13.33    (m) A charter school is subject to the Pledge of Allegiance requirement under
13.34section 121A.11, subdivision 3.
13.35    (n) A charter school offering online courses or programs must comply with section
13.36124D.095 .
14.1    (o) A charter school and charter school board of directors are subject to chapter 181.
14.2    (p) A charter school must comply with section 120A.22, subdivision 7, governing
14.3the transfer of students' educational records and sections 138.163 and 138.17 governing
14.4the management of local records.
14.5    (q) A charter school that provides early childhood health and developmental
14.6screening must comply with sections 121A.16 to 121A.19.
14.7(r) A charter school that provides school-sponsored youth athletic activities must
14.8comply with section 121A.38.
14.9(s) A charter school must comply with section 121A.031 governing policies on
14.10student bullying, cyberbullying, harassment, and intimidation.
14.11EFFECTIVE DATE.This section is effective July 1, 2014.

14.12    Sec. 10. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read:
14.13    Subdivision 1. Program goals. The department, in consultation with the state
14.14curriculum advisory committee, must develop guidelines and model plans for parental
14.15involvement programs that will:
14.16(1) engage the interests and talents of parents or guardians in recognizing and
14.17meeting the emotional, intellectual, and physical needs of their school-age children;
14.18(2) promote healthy self-concepts among parents or guardians and other family
14.19members;
14.20(3) offer parents or guardians a chance to share and learn about educational skills,
14.21techniques, and ideas;
14.22(4) provide creative learning experiences for parents or guardians and their
14.23school-age children, including involvement from parents or guardians of color;
14.24(5) encourage parents to actively participate in their district's curriculum advisory
14.25committee under section 120B.11 in order to assist the school board in improving
14.26children's education programs; and
14.27(6) encourage parents to help in promoting school desegregation/integration; and
14.28(7) partner with parents in establishing a positive school climate by developing and
14.29implementing prevention and intervention programs on student bullying, cyberbullying,
14.30harassment, and intimidation under section 121A.031.
14.31EFFECTIVE DATE.This section is effective the day following final enactment.

14.32    Sec. 11. Minnesota Statutes 2012, section 124D.8955, is amended to read:
14.33124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.
15.1    (a) In order to promote and support student achievement, a local school board is
15.2encouraged to formally adopt and implement a parent and family involvement policy that
15.3promotes and supports:
15.4    (1) communication between home and school that is regular, two-way, and
15.5meaningful;
15.6    (2) parenting skills;
15.7    (3) parents and caregivers who play an integral role in assisting student learning and
15.8learn about fostering students' academic success and learning at home and school;
15.9    (4) welcoming parents in the school and seeking their support and assistance;
15.10    (5) partnerships with parents in the decisions that affect children and families
15.11in the schools; and
15.12    (6) providing community resources to strengthen schools, families, and student
15.13learning, including establishing a positive school climate by developing and implementing
15.14prevention and intervention programs on student bullying, cyberbullying, harassment,
15.15and intimidation under section 121A.031.
15.16    (b) A school board that implements a parent and family involvement policy under
15.17paragraph (a) must convene an advisory committee composed of an equal number of
15.18resident parents who are not district employees and school staff to make recommendations
15.19to the board on developing and evaluating the board's parent and family involvement
15.20policy. If possible, the advisory committee must represent the diversity of the district. The
15.21advisory committee must consider the district's demographic diversity and barriers to
15.22parent involvement when developing its recommendations. The advisory committee must
15.23recommend to the school board and district or school how programs serving children and
15.24adolescents can collaborate on:
15.25(1) understanding normal child and adolescent development;
15.26(2) encouraging healthy communication between parents and children;
15.27(3) managing students' behavior through positive reinforcement;
15.28(4) establishing expectations for student behavior;
15.29(5) providing media and Internet guidance, limits, and supervision; and
15.30(6) promoting resilience and reducing risks for children.
15.31The advisory committee must present its recommendations to the board for board
15.32consideration.
15.33    (c) The board must consider best practices when implementing this policy.
15.34    (d) The board periodically must review this policy to determine whether it is aligned
15.35with the most current research findings on parent involvement policies and practices and
15.36how effective the policy is in supporting increased student achievement.
16.1    (e) Nothing in this section obligates a school district to exceed any parent or family
16.2involvement requirement under federal law.
16.3EFFECTIVE DATE.This section is effective the day following final enactment.

16.4    Sec. 12. Minnesota Statutes 2012, section 125B.15, is amended to read:
16.5125B.15 INTERNET ACCESS FOR STUDENTS.
16.6    (a) Recognizing the difference between school libraries, school computer labs, and
16.7school media centers, which serve unique educational purposes, and public libraries,
16.8which are designed for public inquiry, all computers at a school site with access to the
16.9Internet available for student use must be equipped to restrict, including by use of
16.10available software filtering technology or other effective methods, all student access
16.11to material that is reasonably believed to be obscene or child pornography or material
16.12harmful to minors under federal or state law.
16.13    (b) A school site is not required to purchase filtering technology if the school site
16.14would incur more than incidental expense in making the purchase.
16.15    (c) A school district receiving technology revenue under section 125B.26 must
16.16prohibit, including through use of available software filtering technology or other effective
16.17methods, adult access to material that under federal or state law is reasonably believed to
16.18be obscene or child pornography.
16.19    (d) A school district, its agents or employees, are immune from liability for failure
16.20to comply with this section if they have made a good faith effort to comply with the
16.21requirements of this section.
16.22    (e) "School site" means an education site as defined in section 123B.04, subdivision
16.231
, or charter school under section 124D.10.
16.24    (f) All school sites having computers with Internet access must adopt and implement
16.25a policy to prohibit cyberbullying, consistent with section 121A.031.
16.26EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
16.27later.

16.28    Sec. 13. [127A.052] SCHOOL CLIMATE CENTER.
16.29(a) The commissioner shall establish a school climate center at the department to
16.30help districts and schools under section 121A.031 provide a safe and supportive learning
16.31environment and foster academic achievement for all students by focusing on prevention,
16.32intervention, support, and recovery. The center must work collaboratively with implicated
16.33state agencies identified by the center including, but not limited to, the school safety center
17.1in the Department of Public Safety, and schools, communities, and interested individuals
17.2and organizations to determine how to best use available resources.
17.3(b) The center's services shall include:
17.4(1) evidence-based policy review, development, and dissemination;
17.5(2) single, point-of-contact services for schools, parents, and students seeking
17.6information or other help;
17.7(3) qualitative and quantitative data gathering, interpretation, and dissemination of
17.8summary data for existing reporting systems and student surveys and the identification
17.9and pursuit of emerging trends and issues;
17.10(4) assistance to districts and schools in using Minnesota student survey results to
17.11inform intervention and prevention programs;
17.12(5) education and skill building;
17.13(6) multisector and multiagency planning and advisory activities incorporating
17.14best practices and research; and
17.15(7) administrative and financial support for school site-based planning, school sites
17.16recovering from incidents of violence, and violence prevention education.
17.17(c) The center shall:
17.18(1) compile and make available to all districts and schools evidence-based elements
17.19and resources to develop and maintain safe and supportive schools;
17.20(2) establish and maintain a central repository for collecting and analyzing
17.21information about bullying, cyberbullying, harassment, and intimidation, including, but
17.22not limited to:
17.23(i) training materials on strategies and techniques to prevent and appropriately
17.24address prohibited conduct;
17.25(ii) model programming;
17.26(iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph
17.27(g); and
17.28(iv) other resources for improving the school climate and preventing bullying,
17.29cyberbullying, harassment, and intimidation;
17.30(3) assist districts and schools to develop strategies and techniques for effectively
17.31communicating with and engaging parents in efforts to protect students from bullying,
17.32cyberbullying, harassment, and intimidation by other students and adults; and
17.33(4) solicit input from social media experts on implementing this section.
17.34(d) The commissioner shall provide administrative services including personnel,
17.35budget, payroll and contract services, and staff support for center activities including
17.36developing and disseminating materials, providing seminars, and developing and
18.1maintaining a Web site. Center staff shall include a center director, a data analyst
18.2coordinator, and trainers who provide training to affected state and local organizations
18.3under a fee-for-service agreement. The financial, administrative, and staff support the
18.4commissioner provides under this section must be based on an annual budget and work
18.5program developed by the center and submitted to the commissioner by the center director.
18.6EFFECTIVE DATE.This section is effective beginning July 1, 2013.

18.7    Sec. 14. [121A.07] SCHOOL CLIMATE COUNCIL.
18.8    Subdivision 1. Establishment and membership. (a) A multiagency leadership
18.9council is established to improve school climate and school safety so that all Minnesota
18.10students in prekindergarten through grade 12 schools and higher education institutions
18.11are provided with safe and welcoming learning environments in order to maximize each
18.12student's learning potential.
18.13(b) The council must strive to include balanced representation from rural, suburban,
18.14and metro area communities.
18.15(c) The council shall consist of:
18.16(1) the commissioners or their designees from the Departments of Education,
18.17Health, Human Rights, Human Services, Public Safety, and Corrections and the Office of
18.18Higher Education;
18.19(2) one representative each from the Board of Teaching, Minnesota Association
18.20of School Administrators, Minnesota School Boards Association, Elementary School
18.21Principals Association, Association of Secondary School Principals, Minnesota
18.22Association of Charter Schools, Nonpublic Education Council, and Education Minnesota
18.23as selected by each organization;
18.24(3) two representatives each for student support personnel, parents, and students as
18.25selected by the commissioner of education;
18.26(4) two representatives of local law enforcement as selected by the commissioner of
18.27public safety; and
18.28(5) two representatives of the judicial branch as selected by the chief justice of
18.29the Supreme Court.
18.30    Subd. 2. Duties. The council must provide leadership for the following activities:
18.31(1) establishment of norms and standards for prevention, intervention, and support
18.32around issues of bullying, harassment, and intimidation;
18.33(2) advancement of evidence-based policy and best practices to improve school
18.34climate and promote school safety; and
19.1(3) development and dissemination of resources and training for schools and
19.2communities about issues of bullying, harassment, and intimidation and other school
19.3safety-related issues.

19.4    Sec. 15. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read:
19.5    Subd. 2. Violations of law. The commissioner may reduce or withhold the district's
19.6state aid for any school year whenever the board of the district authorizes or permits
19.7violations of law within the district by:
19.8(1) employing a teacher who does not hold a valid teaching license or permit in a
19.9public school;
19.10(2) noncompliance with a mandatory rule of general application promulgated by the
19.11commissioner in accordance with statute, unless special circumstances make enforcement
19.12inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
19.13the district's best interests;
19.14(3) the district's continued performance of a contract made for the rental of rooms
19.15or buildings for school purposes or for the rental of any facility owned or operated by or
19.16under the direction of any private organization, if the contract has been disapproved, the
19.17time for review of the determination of disapproval has expired, and no proceeding for
19.18review is pending;
19.19(4) any practice which is a violation of sections 1 and 2 of article 13 of the
19.20Constitution of the state of Minnesota;
19.21(5) failure to reasonably provide for a resident pupil's school attendance under
19.22Minnesota Statutes;
19.23(6) noncompliance with state laws prohibiting discrimination because of race,
19.24color, creed, religion, national origin, sex, age, marital status, status with regard to
19.25public assistance or, disability, as defined in sections 363A.08 to 363A.19 and 363A.28,
19.26subdivision 10
, or with state law prohibiting student bullying, cyberbullying, harassment,
19.27and intimidation under section 121A.031; or
19.28(7) using funds contrary to the statutory purpose of the funds.
19.29The reduction or withholding must be made in the amount and upon the procedure
19.30provided in this section, or, in the case of the violation stated in clause (1), upon the
19.31procedure provided in section 127A.43.
19.32EFFECTIVE DATE.This section is effective July 1, 2014.

19.33    Sec. 16. APPROPRIATIONS.
20.1(a) $....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from
20.2the general fund to the commissioner of education for the school climate center under
20.3Minnesota Statutes, section 127A.052.
20.4(b) $....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from
20.5the general fund to the commissioner of education for grants to districts and schools to
20.6provide safe and supportive learning environments and foster academic achievement for
20.7all students under Minnesota Statutes, section 121A.0315. This appropriation is part of the
20.8base budget for subsequent fiscal years.
20.9EFFECTIVE DATE.This section is effective July 1, 2013.

20.10    Sec. 17. REPEALER.
20.11Minnesota Statutes 2012, sections 121A.03; and 121A.0695, are repealed effective
20.12July 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