SF 971

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

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

Subdivision 1.

Model School board policy; prohibiting harassment, bullying,
intimidation, and violence.

The commissioner shall develop, maintain, and make
available transmit to school boards by January 1, 2010, a model sexual, religious, and racial
harassment, bullying, intimidation, and violence policy that complies with subdivision 2,
paragraph (a). 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.

Sexual, religious, and racial Harassment, bullying, intimidation, and
violence policy.

(a) A school board must adopt a written sexual, religious, and racial
harassment and sexual, religious, and racial violence policy that conforms with by July
1, 2010, that, among other things, lists the characteristics established in chapter 363A,
including sections 363A.02 and 363A.03, and that prohibits bullying, intimidation,
violence, and pattern of harassment against any person or group or based on the actual or
perceived characteristics of the person or group or an association with a person or group,
consistent with this paragraph.

(b) The policy shall:

(1) address all forms of harassment, bullying, intimidation, and violence, including
electronic forms and forms involving Internet use, among other forms;

(2) apply to pupils, teachers, administrators, and other school personnel,;

(3) include reporting procedures,; and

(4) 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, posted on the district's official Web site, given 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 sexual, religious, and racial harassment, bullying,
intimidation, and violence policy with students and school employees. School employees
shall receive staff development training on preventing and responding to bullying,
intimidation, violence, and patterns of harassment. The training must reflect what is
age-appropriate for the school's students.

Subd. 3.

Submission to commissioner.

Each school board must submit to the
commissioner a copy of the sexual, religious, and racial harassment and sexual, religious,
and racial violence policy the board has adopted under subdivision 2.

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 section
sections 121A.03 and 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. REPEALER.

Minnesota Statutes 2008, section 121A.0695, is repealed.