Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 971

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22
2.23 2.24
2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27
3.28 3.29

A bill for an act
relating to education; providing for harassment, bullying, intimidation, hazing,
and violence policies; amending Minnesota Statutes 2008, sections 121A.03;
124D.10, subdivision 8; repealing Minnesota Statutes 2008, sections 121A.0695;
121A.69.

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, HAZING, 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, hazing,
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, hazing, 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 begin(a) A school board must adopt a written
policy that prohibits harassment, bullying, intimidation, hazing, 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, hazing, 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. new text beginThe policy specific to hazing must apply to student behavior
that occurs on or off school property and during and after school hours.
new text end Each school must
develop a process for discussing the school's deleted text beginsexual, religious, and racialdeleted text end harassmentnew text begin,
bullying, intimidation, hazing,
new text end and violence policy with students and school employees.
new text begin School employees shall receive training on preventing and responding to harassment,
bullying, intimidation, hazing, and violence.
new text end

new text begin (b) "Hazing" means committing an act against a student, or coercing a student into
committing an act, that creates a substantial risk of harm to a person in order for the
student to be initiated into or affiliated with a student organization.
new text end

new text begin (c) "Student organization" means a group, club, or organization having students as
its primary members or participants.
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,
hazing,
new text end and deleted text beginsexual, religious, and racialdeleted text end violence policy the board has adopted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the 2010-2011 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2008, section 124D.10, subdivision 8, is amended to read:


Subd. 8.

State and local requirements.

(a) A charter school shall meet all
applicable state and local health and safety requirements.

(b) A school sponsored by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.

(c) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. A sponsor may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution.

(d) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled.

(e) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.

(f) A charter school may not charge tuition.

(g) A charter school is subject to and must comply with chapter 363A and deleted text beginsectiondeleted text endnew text begin
sections 121A.03 and
new text end 121A.04.

(h) A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(i) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the Federal Single Audit Act, if applicable,
and section 6.65. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5;
471.38; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13,
and 15
; 471.881; and 471.89. The audit must comply with the requirements of sections
123B.75 to 123B.83, except to the extent deviations are necessary because of the program
at the school. Deviations must be approved by the commissioner. The Department
of Education, state auditor, or legislative auditor may conduct financial, program, or
compliance audits. A charter school determined to be in statutory operating debt under
sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

(j) A charter school is a district for the purposes of tort liability under chapter 466.

(k) A charter school must comply with sections 13.32; 120A.22, subdivision 7;
121A.75; and 260B.171, subdivisions 3 and 5.

(l) A charter school is subject to the Pledge of Allegiance requirement under section
121A.11, subdivision 3.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 121A.0695; and 121A.69, new text end new text begin are repealed.
new text end