SF 2411

as introduced - 88th Legislature (2013 - 2014) Posted on 04/02/2014 09:04am

A bill for an act
relating to education; modifying state bullying policies; amending Minnesota
Statutes 2012, section 122A.60, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 121A; repealing Minnesota Statutes 2012, section
121A.0695.

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

Section 1.

[121A.031] SCHOOL BULLYING PROHIBITION POLICY.

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Bullying" means conduct that occurs in a school, on school district or charter
school premises, in a school bus or school vehicle owned or leased by a district or charter
school, or at any activity or event sanctioned or sponsored by a school or school district
and that:

(1) is so severe, pervasive, or objectively offensive that it substantially interferes
with the student's educational opportunities;

(2) places the student in actual and reasonable fear of harm;

(3) places the student in actual and reasonable fear of damage to property of the
student; or

(4) substantially disrupts the orderly operation of the school.

(c) "Conduct" includes the use of technology or other electronic media.

(d) "School" means a public school under section 120A.22, subdivision 4, or charter
school under section 124D.10.

Subd. 2.

Policy development.

(a) Before September 1, 2014, each school district
and charter school must adopt a policy providing that while at a school, on school district
or charter school premises, in a school bus or school vehicle owned or leased by a district
or charter school, or at any activity or event sanctioned or sponsored by a school or school
district, a student may not engage in bullying or engage in reprisal or retaliation against:

(1) a victim of bullying;

(2) an individual who witnesses an alleged act of bullying;

(3) an individual who reports an alleged act of bullying; or

(4) an individual who provides information about an alleged act of bullying.

(b) In developing the bullying prohibition policy required by this section, a school
district or charter school shall involve parents, school district or charter school employees,
volunteers, and students.

Subd. 3.

Policy requirements.

(a) The policy required by this section must:

(1) include a definition of bullying that at least encompasses the conduct described
in subdivision 1;

(2) establish procedures for reporting and documenting alleged acts of bullying,
reprisal, or retaliation;

(3) establish procedures, including timelines, for school district or charter school
personnel to follow in investigating reports of alleged bullying, reprisal, or retaliation;

(4) protect information in an investigative report, consistent with section 13.32
and related law, and establish a schedule for retention and destruction of data related
to incidents of prohibited conduct, including expedited destruction of data related to
allegations of prohibited conduct determined to be without factual basis, and destruction
of all data gathered under this section when the student reaches the age of 18 or no longer
attends school, whichever is later;

(5) set forth the disciplinary measures applicable to an individual who engaged in
bullying or who engaged in reprisal or retaliation, as required in subdivision 2;

(6) require the notification of law enforcement personnel if an investigation by
school district or charter school personnel results in a reasonable suspicion that a crime
has occurred;

(7) establish strategies to protect a victim of bullying, reprisal, or retaliation;

(8) establish disciplinary measures to be imposed upon an individual who makes a
false accusation, report, or complaint pertaining to bullying, reprisal, or retaliation; and

(9) in accordance with federal and state law, require notifying the parent or legal
guardian of a student allegedly bullied and the parent or legal guardian of a student
allegedly bullying when school personnel receive a report of prohibited conduct,
throughout and upon completion of the investigation, and upon determining the course of
disciplinary action, if any.

(b) Each school district or charter school shall review and revise its policy as
it determines necessary.

Subd. 4.

Policy dissemination.

A school shall ensure that the policy is explained to
and discussed with its students and school personnel who have direct contact with students.
The policy must be readily available, included in each school's student and personnel
handbooks on school policies, and posted on the district or charter school's official Web site.
Each school district or charter school shall provide information regarding the prevention of
bullying to all volunteers and nonlicensed personnel who have direct contact with students.

Subd. 5.

Prevention programs.

Each school district or charter school shall provide
bullying prevention programs to all students from kindergarten through grade 12.

Subd. 6.

Causes of action.

This section does not prevent a victim from seeking
redress pursuant to any other applicable civil or criminal law. This section does not create
or alter any civil cause of action for monetary damages against any person or school
district, nor does this section constitute grounds for any claim or motion raised by either
the state or a defendant in any proceedings.

Subd. 7.

Immunity.

(a) An individual who promptly, reasonably, and in good faith
reports an incident of bullying, reprisal, or retaliation to the school district or charter
school employee or official designated in the school bullying prohibition policy is immune
from civil or criminal liability resulting from or relating to the report and the resulting
proceedings.

(b) A school district or charter school and its employees and volunteers are immune
from any liability that might otherwise be incurred as a result of a student having been
the recipient of bullying if the school district or charter school implemented a bullying
prohibition policy as required in this section and substantially complied with that policy.

Sec. 2.

Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:

Subd. 3.

Staff development outcomes.

The advisory staff development committee
must adopt a staff development plan for improving student achievement. The plan must
be consistent with education outcomes that the school board determines. The plan
must include ongoing staff development activities that contribute toward continuous
improvement in achievement of the following goals:

(1) improve student achievement of state and local education standards in all areas
of the curriculum by using best practices methods;

(2) effectively meet the needs of a diverse student population, including at-risk
children, children with disabilities, and gifted children, within the regular classroom
and other settings;

(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
student population that is consistent with the state education diversity rule and the district's
education diversity plan;

(4) improve staff collaboration and develop mentoring and peer coaching programs
for teachers new to the school or district;

(5) effectively teach and model violence prevention policy and curriculum that
address the school's bullying prohibition policy under section 121A.031, early intervention
alternatives, issues of harassment, and teach nonviolent alternatives for conflict resolution;

(6) effectively deliver digital and blended learning and curriculum and engage
students with technology; and

(7) provide teachers and other members of site-based management teams with
appropriate management and financial management skills.

Sec. 3. REPEALER.

Minnesota Statutes 2012, section 121A.0695, is repealed for the 2014-2015 school
year and later.