SF 3911

as introduced - 90th Legislature (2017 - 2018) Posted on 04/10/2018 08:36am

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.

[121A.24] PROGRAM TO PREVENT SEXUAL ASSAULT.

Subdivision 1.

Consent.

(a) The commissioner of education, in consultation with the
Department 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 have a program that includes age appropriate instruction on consent in grades
8 to 12, consistent with paragraph (c), that includes at least the following:

(1) planning materials and guidelines;

(2) in-service training for appropriate district staff and school board members;

(3) collaboration with local community health services, agencies, and organizations
having a consent program; and

(4) participation by state and local student organizations.

(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.

(c) "Consent" as used in this section means affirmative, conscious, and voluntary
agreement to engage in sexual activity. It is a responsibility of each person involved in
sexual activity to ensure that the other or others consent to engage in the sexual activity.
Lack of protest or resistance does not mean consent. Consent must be ongoing throughout
a sexual activity and can be revoked at any time. The existence of a dating relationship
between the persons involved or the fact of past sexual relations between them should never
by itself be assumed to be an indicator of consent.

Subd. 2.

Funding sources.

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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2. APPROPRIATION.

Subdivision 1.

Department of Education.

The sum indicated in this section is
appropriated from the general fund to the commissioner of education for the fiscal year
designated.

Subd. 2.

Affirmative consent instruction.

To assist districts in implementing a consent
program in accordance with Minnesota Statutes, section 121A.24:

$

.......

.....

2019