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SF 971

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; providing for harassment, bullying, intimidation, and
violence policies; amending Minnesota Statutes 2008, section 121A.03; repealing
Minnesota Statutes 2008, section 121A.0695.

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

Section 1.

Minnesota Statutes 2008, section 121A.03, is amended to read:


121A.03 deleted text beginMODEL POLICYdeleted text endnew text begin SCHOOL BOARD POLICY; PROHIBITING
HARASSMENT, BULLYING, INTIMIDATION, AND VIOLENCE
new text end.

Subdivision 1.

Model policy.

The commissioner shall maintain and make available
to school boards a model deleted text beginsexual, religious, and racialdeleted text end harassmentnew text begin, bullying, intimidation,new text end
and violence policy. The model policy shall address the requirements of subdivision 2,
and may encourage violence prevention and character development education programs,
consistent with section 120B.232, subdivision 1, to prevent and reduce policy violations.

Subd. 2.

deleted text beginSexual, religious, and racial harassment and violence policydeleted text endnew text begin
Harassment, bullying, intimidation, and violence policy
new text end.

deleted text beginA school board must adopt a
written sexual, religious, and racial harassment and sexual, religious, and racial violence
policy that conforms with chapter 363A.
deleted text end new text beginBy January 1, 2010, a school board must adopt a
written policy that prohibits harassment, bullying, intimidation, and violence based on, but
not limited to, actual or perceived race, color, creed, religion, national origin, sex, marital
status, disability, socioeconomic status, sexual orientation, gender identity or expression,
age, physical characteristics, and association with a person or group with one or more of
these actual or perceived characteristics. The policy shall address harassment, bullying,
intimidation, and violence in all forms, including, but not limited to, electronic forms and
forms requiring internet use.
new text endThe policy shall apply to pupils, teachers, administrators,
and other school personnel, include reporting procedures, and set forth disciplinary
actions that will be taken for violation of the policy. Disciplinary actions must conform
with collective bargaining agreements and sections 121A.41 to 121A.56. The policy must
be conspicuously posted throughout each school building, new text beginposted on the district's Web
site,
new text endgiven to each district employee and independent contractor at the time of entering
into the person's employment contract, and included in each school's student handbook
on school policies. Each school must develop a process for discussing the school's
deleted text begin sexual, religious, and racialdeleted text end harassmentnew text begin, bullying, intimidation,new text end and violence policy with
students and school employees. new text beginSchool employees shall receive training on preventing
and responding to harassment, bullying, intimidation, and violence. The board of directors
of a school district shall develop and maintain a system to collect harassment, bullying,
intimidation, and violence incidents data.
new text end

Subd. 3.

Submission to commissioner.

Each school board must submit to
the commissioner a copy of the deleted text beginsexual, religious, and racialdeleted text end harassmentnew text begin, bullying,
intimidation,
new text end and deleted text beginsexual, religious, and racialdeleted text end violence policy the board has adopted.new text begin
The commissioner shall review the policies for compliance and make them available to
the public upon request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 121A.0695, new text end new text begin is repealed.
new text end