SF 2519

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; directing school boards to 
  1.3             adopt a policy on student-on-student sexual abuse; 
  1.4             directing school boards to develop policy requirements 
  1.5             consistent with existing related policies; 
  1.6             establishing a task force to examine and make 
  1.7             recommendations about eliminating violence, 
  1.8             discrimination, intimidation, and harassment against 
  1.9             Minnesota youth; amending Minnesota Statutes 2000, 
  1.10            section 121A.03, subdivisions 2, 3, by adding a 
  1.11            subdivision. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 121A.03, 
  1.14  subdivision 2, is amended to read: 
  1.15     Subd. 2. [SEXUAL, RELIGIOUS, AND RACIAL HARASSMENT AND 
  1.16  VIOLENCE POLICY.] (a) A school board must adopt a written 
  1.17  sexual, religious, and racial harassment and sexual, religious, 
  1.18  and racial violence policy that conforms with sections 363.01 to 
  1.19  363.15.  The policy shall apply to pupils, teachers, 
  1.20  administrators, and other school personnel, include reporting 
  1.21  procedures, and set forth disciplinary actions that will be 
  1.22  taken for violation of the policy.  Disciplinary actions must 
  1.23  conform with collective bargaining agreements and sections 
  1.24  121A.41 to 121A.56.  The policy must be conspicuously posted 
  1.25  throughout each school building, given to each district employee 
  1.26  and independent contractor at the time of entering into the 
  1.27  person's employment contract, and included in each school's 
  1.28  student handbook on school policies.  Each school must develop a 
  2.1   process for discussing the school's sexual, religious, and 
  2.2   racial harassment and violence policy with students and school 
  2.3   employees.  
  2.4      (b) To the extent applicable, school officials must use the 
  2.5   requirements under paragraph (a) to develop and implement a 
  2.6   policy on student-on-student sexual abuse under subdivision 2a.  
  2.7      [EFFECTIVE DATE.] This section is effective the day 
  2.8   following final enactment.  
  2.9      Sec. 2.  Minnesota Statutes 2000, section 121A.03, is 
  2.10  amended by adding a subdivision to read: 
  2.11     Subd. 2a.  [STUDENT-ON-STUDENT SEXUAL ABUSE POLICY.] (a) 
  2.12  Consistent with the applicable requirements under subdivision 2, 
  2.13  and section 626.556, a school board must adopt a written policy 
  2.14  prohibiting student-on-student sexual abuse, including at least, 
  2.15  student-on-student sexual abuse, consistent with the definition 
  2.16  of "sexual abuse" under section 626.556, subdivision 2, 
  2.17  paragraph (a).  
  2.18     (b) The policy must require a teacher, administrator, or 
  2.19  other school personnel who knows or has reason to believe that 
  2.20  student-on-student sexual abuse is occurring or has occurred to 
  2.21  report the information to the local welfare agency, agency 
  2.22  responsible for assessing or investigating the report, police 
  2.23  department or the county sheriff immediately after learning the 
  2.24  information.  
  2.25     (c) The policy must encourage a student who knows or has 
  2.26  reason to believe that student-on-student sexual abuse is 
  2.27  occurring or has occurred to report the information to a 
  2.28  teacher, school administrator, or other school personnel 
  2.29  immediately after learning the information. 
  2.30     (d) For the purposes of this subdivision, "immediately" 
  2.31  means as soon as possible but in no event longer than 24 hours. 
  2.32     [EFFECTIVE DATE.] This section is effective the day 
  2.33  following final enactment.  
  2.34     Sec. 3.  Minnesota Statutes 2000, section 121A.03, 
  2.35  subdivision 3, is amended to read: 
  2.36     Subd. 3.  [SUBMISSION TO COMMISSIONER.] Each school board 
  3.1   must submit to the commissioner a copy of the sexual, religious, 
  3.2   and racial harassment and sexual, religious, and racial violence 
  3.3   policy under subdivision 2 and the student-on-student sexual 
  3.4   abuse policy under subdivision 2a the board has adopted.  
  3.5      [EFFECTIVE DATE.] This section is effective the day 
  3.6   following final enactment. 
  3.7      Sec. 4.  [TASK FORCE ON VIOLENCE AND HARASSMENT AGAINST 
  3.8   MINNESOTA YOUTH.] 
  3.9      Subdivision 1.  [ESTABLISHMENT.] A task force to examine 
  3.10  and make recommendations to the governor and the legislature 
  3.11  about eliminating violence, discrimination, intimidation, and 
  3.12  harassment against Minnesota youth is established. 
  3.13     Subd. 2.  [TASK FORCE MEMBERSHIP; OPERATION.] (a) The 
  3.14  governor, in consultation with the commissioners of the 
  3.15  department of children, families, and learning and the 
  3.16  department of health, the speaker of the house, the majority 
  3.17  leader in the senate, and the affected interest group or 
  3.18  organization, shall appoint 27 task force members who shall 
  3.19  represent the following interests and organizations: 
  3.20     (1) students; 
  3.21     (2) parents; 
  3.22     (3) kindergarten through grade 12 regular education 
  3.23  teachers; 
  3.24     (4) kindergarten through grade 12 special education 
  3.25  teachers; 
  3.26     (5) community-based organizations serving youth; 
  3.27     (6) kindergarten through grade 12 school psychologists; 
  3.28     (7) kindergarten through grade 12 school counselors; 
  3.29     (8) kindergarten through grade 12 social workers; 
  3.30     (9) kindergarten through grade 12 school nurses; 
  3.31     (10) kindergarten through grade 12 school administrators; 
  3.32     (11) community-based mental health organizations 
  3.33  representing both consumers and providers; 
  3.34     (12) Minnesota minority education partnership; 
  3.35     (13) Minnesota immigrant community; 
  3.36     (14) early childhood and family educators; 
  4.1      (15) public health professionals; 
  4.2      (16) childhood behavioral researchers; 
  4.3      (17) childhood health researchers; 
  4.4      (18) medical professionals; 
  4.5      (19) the Minnesota department of children, families, and 
  4.6   learning; 
  4.7      (20) the Minnesota department of health; 
  4.8      (21) the Minnesota school boards association; 
  4.9      (22) community-focused foundations; 
  4.10     (23) local faith-based entities; 
  4.11     (24) a member of the majority party and a member of the 
  4.12  minority party in the Minnesota house of representatives; and 
  4.13     (25) a member of the majority party and a member of the 
  4.14  minority party in the Minnesota senate. 
  4.15     (b) The commissioner of the department of children, 
  4.16  families, and learning must convene the task force by August 1, 
  4.17  2002.  Task force members shall select a member to chair task 
  4.18  force meetings.  Task force members shall meet periodically at 
  4.19  times indicated by the chair.  Task force members shall not 
  4.20  receive compensation.  The staff of state agencies, including 
  4.21  the department of health and the department of children, 
  4.22  families, and learning, shall assist task force members at their 
  4.23  request. 
  4.24     Subd. 3.  [DUTIES; REPORT; EXPIRATION.] (a) Task force 
  4.25  members, in preparing the report under paragraph (b), shall: 
  4.26     (1) obtain statewide information about youth's experience 
  4.27  with and the long-term effects of violence, intimidation, 
  4.28  discrimination, and harassment against youth in kindergarten 
  4.29  through grade 12 schools; 
  4.30     (2) review public policy analyses on this issue; and 
  4.31     (3) examine local, state, national, and international 
  4.32  programs and policies that successfully address this issue. 
  4.33     (b) Task force members shall prepare a report to present to 
  4.34  the governor and the legislature by February 15, 2004, that: 
  4.35     (1) documents the depth and breadth of this issue; 
  4.36     (2) describes the impact of this issue; and 
  5.1      (3) recommends changes in public policies, procedures, and 
  5.2   practices at the state and local levels to address this issue. 
  5.3      (c) The task force expires on February 16, 2004. 
  5.4      [EFFECTIVE DATE.] This section is effective the day 
  5.5   following final enactment and is contingent upon receipt of 
  5.6   sufficient nonstate money to fund the operating costs of the 
  5.7   task force.