SF 438

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/20/2023 09:56am

A bill for an act
relating to education; requiring affirmative consent instruction; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 121A.

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

Section 1.

new text begin [121A.231] PROGRAM TO PREVENT SEXUAL ASSAULT.
new text end

new text begin Subdivision 1. new text end

new text begin Consent program. new text end

new text begin (a) The commissioner of education, in consultation
with the commissioner of health, must assist districts and charter schools in developing and
implementing a consent program to prevent and reduce the incidence of sexual assault. Each
district must develop and implement a program in grades 9 through 12 that includes at a
minimum the following:
new text end

new text begin (1) age-appropriate instruction on consent in grades 8 through 12, consistent with
paragraph (c);
new text end

new text begin (2) planning materials and guidelines;
new text end

new text begin (3) in-service training for appropriate district staff and school board members;
new text end

new text begin (4) collaboration with local community health services, agencies, and organizations
having a consent program; and
new text end

new text begin (5) participation by state and local student organizations.
new text end

new text begin (b) If a district fails to develop and implement a consent program, the department must
assist the service cooperative in the region serving that district or charter school to develop
or implement the program.
new text end

new text begin (c) "Consent" as used in this section means affirmative, conscious, and voluntary
agreement to engage in sexual activity. It is the responsibility of each person involved in
sexual activity to ensure that any other person involved consents to engage in the sexual
activity. Lack of protest or resistance does not mean consent. Consent must be ongoing
throughout a sexual activity and may be revoked at any time. The existence of a relationship
between the persons involved, or the fact of past sexual activity between them, must not by
itself be an indicator of consent.
new text end

new text begin Subd. 2. new text end

new text begin Funding sources. new text end

new text begin Districts and charter schools may accept funds for consent
programs developed and implemented under this section from public and private sources
including public health funds and foundations, department professional development funds,
federal block grants, or other federal or state grants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the commissioner of education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Affirmative consent. new text end

new text begin To assist districts and charter schools in implementing
a consent program in accordance with Minnesota Statutes, section 121A.231:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2025 new text end