Minnesota Legislature
SF 2
as introduced - 86th Legislature, 2010 2nd Special Session (2010 - 2010) Posted on 10/18/2010 10:15am
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - as introduced
1.2relating to education; creating the Minnesota Safe Schools for All Act; providing
1.3for harassment, bullying, intimidation, and violence policies;amending
1.4Minnesota Statutes 2010, sections 121A.03; 124D.10, subdivision 8; repealing
1.5Minnesota Statutes 2010, section 121A.0695.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 121A.03, is amended to read:
1.8121A.03MODEL POLICY SCHOOL BOARD POLICY; PROHIBITING
1.9HARASSMENT, BULLYING, INTIMIDATION, AND VIOLENCE.
1.10 Subdivision 1. Model policy. The commissioner shall maintain and make available
1.11to school boards a modelsexual, religious, and racial harassment, bullying, intimidation,
1.12and violence policy. The model policy shall address the requirements of subdivision 2,
1.13and may encourage violence prevention and character development education programs,
1.14consistent with section120B.232, subdivision 1 , to prevent and reduce policy violations.
1.15 Subd. 2.Sexual, religious, and racial harassment and violence policy
1.16Harassment, bullying, intimidation, and violence policy.A school board must adopt a
1.17written sexual, religious, and racial harassment and sexual, religious, and racial violence
1.18policy that conforms with chapter 363A. By January 1, 2011, a school board must adopt a
1.19written policy that prohibits harassment, bullying, intimidation, and violence based on, but
1.20not limited to, actual or perceived race, color, creed, religion, national origin, sex, marital
1.21status, disability, socioeconomic status, sexual orientation, gender identity or expression,
1.22age, physical characteristics, and association with a person or group with one or more of
1.23these actual or perceived characteristics. The policy shall address harassment, bullying,
1.24intimidation, and violence in all forms, including, but not limited to, electronic forms and
2.1forms requiring internet use. The policy shall apply to pupils, teachers, administrators,
2.2and other school personnel, include reporting procedures, and set forth disciplinary
2.3actions that will be taken for violation of the policy. Disciplinary actions must conform
2.4with collective bargaining agreements and sections121A.41 to
121A.56 . The policy must
2.5be conspicuously posted throughout each school building, posted on the district's Web
2.6site, given to each district employee and independent contractor at the time of entering
2.7into the person's employment contract, and included in each school's student handbook
2.8on school policies. Each school must develop a process for discussing the school's
2.9sexual, religious, and racial harassment, bullying, intimidation, and violence policy with
2.10students and school employees. School employees shall receive training on preventing
2.11and responding to harassment, bullying, intimidation, and violence. The board of directors
2.12of a school district shall develop and maintain a system to collect harassment, bullying,
2.13intimidation, and violence incidents data.
2.14 Subd. 3. Submission to commissioner. Each school board must submit to
2.15the commissioner a copy of thesexual, religious, and racial harassment, bullying,
2.16intimidation, andsexual, religious, and racial violence policy the board has adopted.
2.17The commissioner shall review the policies for compliance and make them available to
2.18the public upon request.
2.19EFFECTIVE DATE.This section is effective January 1, 2011.
2.20 Sec. 2. Minnesota Statutes 2010, section 124D.10, subdivision 8, is amended to read:
2.21 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
2.22federal, state, and local health and safety requirements applicable to school districts.
2.23(b) A school must comply with statewide accountability requirements governing
2.24standards and assessments in chapter 120B.
2.25(c) A school authorized by a school board may be located in any district, unless the
2.26school board of the district of the proposed location disapproves by written resolution.
2.27(d) A charter school must be nonsectarian in its programs, admission policies,
2.28employment practices, and all other operations. An authorizer may not authorize a charter
2.29school or program that is affiliated with a nonpublic sectarian school or a religious
2.30institution. A charter school student must be released for religious instruction, consistent
2.31with section120A.22, subdivision 12 , clause (3).
2.32(e) Charter schools must not be used as a method of providing education or
2.33generating revenue for students who are being home-schooled.
2.34(f) The primary focus of a charter school must be to provide a comprehensive
2.35program of instruction for at least one grade or age group from five through 18 years
3.1of age. Instruction may be provided to people younger than five years and older than
3.218 years of age.
3.3(g) A charter school may not charge tuition.
3.4(h) A charter school is subject to and must comply with chapter 363A andsection
3.5sections 121A.03 and121A.04 .
3.6(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
3.7Act, sections121A.40 to
121A.56 , and the Minnesota Public School Fee Law, sections
3.8123B.34
to
123B.39 .
3.9(j) A charter school is subject to the same financial audits, audit procedures, and
3.10audit requirements as a district. Audits must be conducted in compliance with generally
3.11accepted governmental auditing standards, the federal Single Audit Act, if applicable,
3.12and section6.65 . A charter school is subject to and must comply with sections
15.054 ;
3.13118A.01
;
118A.02 ;
118A.03 ;
118A.04 ;
118A.05 ;
118A.06 ;
471.38 ;
471.391 ;
471.392 ; and
3.14471.425
. The audit must comply with the requirements of sections
123B.75 to
123B.83 ,
3.15except to the extent deviations are necessary because of the program at the school.
3.16Deviations must be approved by the commissioner and authorizer. The Department of
3.17Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
3.18or compliance audits. A charter school determined to be in statutory operating debt under
3.19sections123B.81 to
123B.83 must submit a plan under section
123B.81, subdivision 4 .
3.20(k) A charter school is a district for the purposes of tort liability under chapter 466.
3.21(l) A charter school must comply with chapters 13 and 13D; and sections120A.22,
3.22subdivision 7 ;
121A.75 ; and
260B.171, subdivisions 3 and 5 .
3.23(m) A charter school is subject to the Pledge of Allegiance requirement under
3.24section121A.11, subdivision 3 .
3.25(n) A charter school offering online courses or programs must comply with section
3.26124D.095
.
3.27(o) A charter school and charter school board of directors are subject to chapter 181.
3.28(p) A charter school must comply with section120A.22, subdivision 7 , governing
3.29the transfer of students' educational records and sections138.163 and
138.17 governing
3.30the management of local records.
3.31(q) A charter school that provides early childhood health and developmental
3.32screening must comply with sections121A.16 to
121A.19 .
3.33 Sec. 3. REPEALER.
3.34Minnesota Statutes 2010, section 121A.0695, is repealed.
3.35EFFECTIVE DATE.This section is effective January 1, 2011.
1.3for harassment, bullying, intimidation, and violence policies;amending
1.4Minnesota Statutes 2010, sections 121A.03; 124D.10, subdivision 8; repealing
1.5Minnesota Statutes 2010, section 121A.0695.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 121A.03, is amended to read:
1.8121A.03
1.9HARASSMENT, BULLYING, INTIMIDATION, AND VIOLENCE.
1.10 Subdivision 1. Model policy. The commissioner shall maintain and make available
1.11to school boards a model
1.12and violence policy. The model policy shall address the requirements of subdivision 2,
1.13and may encourage violence prevention and character development education programs,
1.14consistent with section
1.15 Subd. 2.
1.16Harassment, bullying, intimidation, and violence policy.
1.17
1.18
1.19written policy that prohibits harassment, bullying, intimidation, and violence based on, but
1.20not limited to, actual or perceived race, color, creed, religion, national origin, sex, marital
1.21status, disability, socioeconomic status, sexual orientation, gender identity or expression,
1.22age, physical characteristics, and association with a person or group with one or more of
1.23these actual or perceived characteristics. The policy shall address harassment, bullying,
1.24intimidation, and violence in all forms, including, but not limited to, electronic forms and
2.1forms requiring internet use. The policy shall apply to pupils, teachers, administrators,
2.2and other school personnel, include reporting procedures, and set forth disciplinary
2.3actions that will be taken for violation of the policy. Disciplinary actions must conform
2.4with collective bargaining agreements and sections
2.5be conspicuously posted throughout each school building, posted on the district's Web
2.6site, given to each district employee and independent contractor at the time of entering
2.7into the person's employment contract, and included in each school's student handbook
2.8on school policies. Each school must develop a process for discussing the school's
2.9
2.10students and school employees. School employees shall receive training on preventing
2.11and responding to harassment, bullying, intimidation, and violence. The board of directors
2.12of a school district shall develop and maintain a system to collect harassment, bullying,
2.13intimidation, and violence incidents data.
2.14 Subd. 3. Submission to commissioner. Each school board must submit to
2.15the commissioner a copy of the
2.16intimidation, and
2.17The commissioner shall review the policies for compliance and make them available to
2.18the public upon request.
2.19EFFECTIVE DATE.This section is effective January 1, 2011.
2.20 Sec. 2. Minnesota Statutes 2010, section 124D.10, subdivision 8, is amended to read:
2.21 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
2.22federal, state, and local health and safety requirements applicable to school districts.
2.23(b) A school must comply with statewide accountability requirements governing
2.24standards and assessments in chapter 120B.
2.25(c) A school authorized by a school board may be located in any district, unless the
2.26school board of the district of the proposed location disapproves by written resolution.
2.27(d) A charter school must be nonsectarian in its programs, admission policies,
2.28employment practices, and all other operations. An authorizer may not authorize a charter
2.29school or program that is affiliated with a nonpublic sectarian school or a religious
2.30institution. A charter school student must be released for religious instruction, consistent
2.31with section
2.32(e) Charter schools must not be used as a method of providing education or
2.33generating revenue for students who are being home-schooled.
2.34(f) The primary focus of a charter school must be to provide a comprehensive
2.35program of instruction for at least one grade or age group from five through 18 years
3.1of age. Instruction may be provided to people younger than five years and older than
3.218 years of age.
3.3(g) A charter school may not charge tuition.
3.4(h) A charter school is subject to and must comply with chapter 363A and
3.5sections 121A.03 and
3.6(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
3.7Act, sections
3.9(j) A charter school is subject to the same financial audits, audit procedures, and
3.10audit requirements as a district. Audits must be conducted in compliance with generally
3.11accepted governmental auditing standards, the federal Single Audit Act, if applicable,
3.12and section
3.15except to the extent deviations are necessary because of the program at the school.
3.16Deviations must be approved by the commissioner and authorizer. The Department of
3.17Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
3.18or compliance audits. A charter school determined to be in statutory operating debt under
3.19sections
3.20(k) A charter school is a district for the purposes of tort liability under chapter 466.
3.21(l) A charter school must comply with chapters 13 and 13D; and sections
3.22subdivision 7
3.23(m) A charter school is subject to the Pledge of Allegiance requirement under
3.24section
3.25(n) A charter school offering online courses or programs must comply with section
3.27(o) A charter school and charter school board of directors are subject to chapter 181.
3.28(p) A charter school must comply with section
3.29the transfer of students' educational records and sections
3.30the management of local records.
3.31(q) A charter school that provides early childhood health and developmental
3.32screening must comply with sections
3.33 Sec. 3. REPEALER.
3.34Minnesota Statutes 2010, section 121A.0695, is repealed.
3.35EFFECTIVE DATE.This section is effective January 1, 2011.