Bill Text: MN HF826 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Safe and supportive schools provided by prohibiting bullying.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2014-05-02 - Author added Clark [HF826 Detail]
Download: Minnesota-2013-HF826-Introduced.html
Bill Title: Safe and supportive schools provided by prohibiting bullying.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2014-05-02 - Author added Clark [HF826 Detail]
Download: Minnesota-2013-HF826-Introduced.html
1.2relating to education; providing for safe and supportive schools; authorizing
1.3rulemaking; appropriating money;amending Minnesota Statutes 2012, sections
1.4120B.36, subdivision 1; 121A.55; 121A.69, subdivision 3; 122A.18, subdivision
1.51; 122A.60, subdivisions 1a, 3; 124D.10, subdivision 8; 124D.895, subdivision
1.61; 124D.8955; 125B.15; 127A.42, subdivision 2; proposing coding for new
1.7law in Minnesota Statutes, chapters 121A; 127A; repealing Minnesota Statutes
1.82012, sections 121A.03; 121A.0695.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. TITLE.
1.11This act may be cited as the "Safe and Supportive Minnesota Schools Act."
1.12 Sec. 2. Minnesota Statutes 2012, section 120B.36, subdivision 1, is amended to read:
1.13 Subdivision 1. School performance report cards. (a) The commissioner
1.14shall report student academic performance under section120B.35, subdivision 2 ; the
1.15percentages of students showing low, medium, and high growth under section120B.35,
1.16subdivision 3 , paragraph (b); school safety and student engagement and connection
1.17under section120B.35 , subdivision 3, paragraph (d); rigorous coursework under section
1.18120B.35, subdivision 3
, paragraph (c); two separate student-to-teacher ratios that clearly
1.19indicate the definition of teacher consistent with sections122A.06 and
122A.15 for
1.20purposes of determining these ratios; staff characteristics excluding salaries; student
1.21enrollment demographics; district mobility; summary data on incidents of student
1.22bullying, cyberbullying, harassment, and intimidation and remedial responses to the
1.23incidents under section 121A.031, subdivision 4, clause (10); and extracurricular
1.24activities. The report also must indicate a school's adequate yearly progress status, and
1.25must not set any designations applicable to high- and low-performing schools due solely
2.1to adequate yearly progress status. The commissioner must use the summary data on
2.2prohibited conduct reported under section 121A.031, subdivision 4, clause (10), to inform
2.3the work of the school climate center under section 127A.052 and to assist districts and
2.4schools in improving the educational outcomes of all students and specific categories of
2.5students affected by such prohibited conduct.
2.6 (b) The commissioner shall develop, annually update, and post on the department
2.7Web site school performance report cards.
2.8 (c) The commissioner must make available performance report cards by the
2.9beginning of each school year.
2.10 (d) A school or district may appeal its adequate yearly progress status in writing to
2.11the commissioner within 30 days of receiving the notice of its status. The commissioner's
2.12decision to uphold or deny an appeal is final.
2.13 (e) School performance report card data are nonpublic data under section13.02,
2.14subdivision 9 , until the commissioner publicly releases the data. The commissioner shall
2.15annually post school performance report cards to the department's public Web site no later
2.16than September 1, except that in years when the report card reflects new performance
2.17standards, the commissioner shall post the school performance report cards no later than
2.18October 1.
2.19EFFECTIVE DATE.This section is effective for the 2015-2016 school year and
2.20later.
2.21 Sec. 3. [121A.031] SCHOOL POLICY TO PROVIDE SAFE AND SUPPORTIVE
2.22SCHOOLS.
2.23 Subdivision 1. Local and state policy; scope and application. (a) This section
2.24applies to:
2.25(1) conduct on school premises, at school functions or activities, and on school
2.26transportation;
2.27(2) use of electronic technology and communications on school premises, during
2.28school functions or activities, on school transportation, and on school computers,
2.29networks, forums, and mailing lists; and
2.30(3) use of electronic technology and communications off school premises to the
2.31extent such use is reasonably foreseeable to substantially and materially disrupt student
2.32learning or the school environment.
2.33(b) This section applies to school districts as defined in section 121A.41, subdivision
2.343, and schools as defined in section 120A.05, subdivisions 9, 11, 13, and 17, and in
2.35123B.41, subdivision 9, if the school, other than a home school, receives public funds or
3.1other public resources. This act does not apply to a home school under sections 120A.22,
3.2subdivision 4, and 120A.24.
3.3 Subd. 2. Local district and school policy. (a) Districts and schools, in consultation
3.4with students, parents, and community organizations, shall adopt, implement, and annually
3.5review, and revise where appropriate, a written policy to prevent and prohibit student
3.6bullying, cyberbullying, harassment, and intimidation, consistent with this section. The
3.7policy must conform with sections 121A.41 to 121A.56. A district or school must adopt
3.8and implement a local policy under subdivisions 2 to 5 or comply with the provisions of
3.9the state model policy in subdivision 6.
3.10(b) Each local district and school policy must establish research-based,
3.11developmentally appropriate best practices that include preventive and remedial measures
3.12and effective discipline for deterring policy violations; apply throughout the school
3.13community; and foster active student, parent, and community participation. A district or
3.14school may request assistance from the school climate center under section 127A.052 in
3.15complying with local policy requirements. The policy shall:
3.16(1) apply to all students, school personnel, and volunteers;
3.17(2) specifically list the characteristics contained in the definition of prohibited
3.18conduct under subdivision 3, paragraph (f);
3.19(3) emphasize remedial responses over punitive measures;
3.20(4) be conspicuously posted throughout the school building;
3.21(5) be given to each school employee and independent contractor at the time of
3.22employment with the district or school;
3.23(6) be included in the student handbook on school policies; and
3.24(7) be available to all parents and other school community members in accessible
3.25languages and format on the district or school Web site.
3.26 (c) Each district and school under this subdivision must discuss its policy with
3.27students, school personnel, and volunteers and provide training for all school personnel
3.28and volunteers to prevent, identify, and appropriately respond to prohibited conduct.
3.29 (d) Each district and school under this subdivision must submit an electronic copy
3.30of its bullying, cyberbullying, harassment, and intimidation policy to the commissioner
3.31for review.
3.32 Subd. 3. Definitions. (a) The terms defined in this subdivision have the meanings
3.33given them for purposes of this act.
3.34(b) "Bullying" means use of one or a series of words, images, or actions, transmitted
3.35directly or indirectly between individuals or through technology, that a reasonable person
3.36knows or should know, under the circumstances, will have the effect of interfering with
4.1the ability of an individual, including a student who observes the conduct, to participate
4.2in a safe and supportive learning environment. Examples of bullying may include, but
4.3are not limited to, conduct that:
4.4(1) places an individual in reasonable fear of harm to person or property, including
4.5through intimidation;
4.6(2) has a detrimental effect on the physical, social, or emotional health of a student;
4.7(3) interferes with a student's educational performance or ability to participate in
4.8educational opportunities;
4.9(4) encourages the deliberate exclusion of a student from a school service, activity,
4.10or privilege;
4.11(5) creates or exacerbates a real or perceived imbalance of power between students;
4.12(6) violates the reasonable expectation of privacy of one or more individuals; or
4.13(7) relates to the actual or perceived race, ethnicity, color, creed, religion, national
4.14origin, immigration status, sex, age, marital status, familial status, socioeconomic status,
4.15physical appearance, sexual orientation, gender identity and expression, academic status,
4.16disability, or status with regard to public assistance, age, or any additional characteristic
4.17defined in chapter 363A of a person or of a person with whom that person associates, but
4.18the conduct does not rise to the level of harassment.
4.19(c) "Cyberbullying" means bullying through use of technology or any electronic
4.20communication, including, but not limited to, a transfer of signs, signals, writing, images,
4.21sounds, or data, including a post on a social network Internet Web site or forum transmitted
4.22through a computer, cell phone, or other electronic device.
4.23(d) "Harassment" means intimidating or abusive behavior toward an individual based
4.24on actual or perceived race, ethnicity, color, creed, religion, national origin, immigration
4.25status, sex, age, marital status, familial status, socioeconomic status, physical appearance,
4.26sexual orientation, gender identity and expression, academic status, disability, or status
4.27with regard to public assistance, age, or any additional characteristic defined in chapter
4.28363A that creates a hostile environment by interfering with or denying a student or other
4.29individual the ability to participate in or receive a benefit, service, or opportunity in a
4.30district or school program. Harassing conduct is unwelcome if the person does not request
4.31or invite it and considers the conduct to be undesirable or offensive.
4.32(e) "Intimidation" means a method used to bully or harass an individual.
4.33(f) "Prohibited conduct" means bullying, cyberbullying, harassment, or intimidation
4.34as defined under this subdivision, retaliation for asserting or alleging such conduct,
4.35perpetuating such conduct by transmitting hurtful or demeaning material, or engaging in
4.36speech that will materially disrupt a student's learning environment. Prohibited conduct
5.1includes discriminatory conduct based on a person's actual or perceived race, ethnicity,
5.2color, creed, religion, national origin, immigration status, sex, marital status, familial
5.3status, socioeconomic status, physical appearance, sexual orientation, gender identity and
5.4expression, academic status, disability, or status with regard to public assistance, age,
5.5or any additional characteristic defined in chapter 363A, as well as association with a
5.6person or group of persons with one or more of these actual or perceived characteristics;
5.7however, prohibited conduct need not be based on any particular characteristic defined
5.8in this paragraph or chapter 363A. Each district and school must list in their policy the
5.9characteristics identified in this paragraph.
5.10(g) "Remedial response" means a measure to stop and correct prohibited conduct,
5.11prevent prohibited conduct from recurring, and protect, support, and intervene on behalf
5.12of the student who is the target of the prohibited conduct. Districts and schools may
5.13seek the assistance of the school climate center under section 127A.052 to develop and
5.14implement remedial responses on behalf of a student who is the target of prohibited
5.15conduct, to stop and correct a student engaging in prohibited conduct, and for use with
5.16students and adults in the school community. Districts and schools need not report the
5.17use of remedial responses when their use is unrelated to any particular incident of student
5.18bullying, cyberbullying, harassment, or intimidation.
5.19 Subd. 4. Local policy components. (a) Each district and school policy, in
5.20prohibiting bullying, cyberbullying, harassment, and intimidation against all students and
5.21specific categories of students based on actual or perceived characteristics listed under
5.22subdivision 3, paragraph (f), must, at a minimum:
5.23(1) designate a staff member as the primary contact person in the school building
5.24to receive reports of all formal and informal complaints, ensure the policy and its
5.25procedures including restorative practices, consequences, and sanctions are fairly and
5.26fully implemented, and serve as the primary contact on policy and procedural matters
5.27implicating both the district or school and the department;
5.28(2) require school employees and trained volunteers who witness bullying,
5.29cyberbullying, harassment, or intimidation incidents or possess reliable information
5.30that would lead to a reasonable person to suspect that a student is a target of bullying,
5.31cyberbullying, harassment, or intimidation to promptly report that information to the
5.32primary contact person;
5.33(3) provide a procedure to promptly investigate a bullying, cyberbullying,
5.34harassment, or intimidation report within three school days of the report, and make the
5.35primary contact person responsible for the investigation and any resulting record and for
5.36keeping and regulating access to any record;
6.1(4) indicate how a school will respond to an identified incident of bullying,
6.2cyberbullying, harassment, or intimidation, including immediately intervening to protect
6.3the target of the prohibited conduct; at the school administrator's discretion, notifying the
6.4parent of the reported target of the prohibited conduct, the parent of the actor engaged in
6.5the prohibited conduct, or law enforcement officials; providing other remedial responses
6.6to the prohibited conduct; and ensuring that remedial responses are tailored to the
6.7particular incident and nature of the conduct and the student's developmental age and
6.8behavioral history;
6.9(5) prohibit reprisals or retaliation against any person who reports bullying,
6.10cyberbullying, harassment, or intimidation and establish appropriate consequences for a
6.11person who engages in reprisal or retaliation;
6.12(6) allow anonymous reporting but do not rely solely on an anonymous report to
6.13determine discipline;
6.14(7) refer the target, actor, and other affected individuals to counseling and mental
6.15or other health services, as appropriate;
6.16(8) where appropriate for a child with a disability, require the child's individualized
6.17education program or section 504 plan to address the skills and proficiencies the child
6.18needs to respond to prohibited conduct;
6.19(9) use new employee training materials, the school publication on school rules,
6.20procedures, and standards of conduct, and the student handbook on school policies
6.21to publicize the policy;
6.22(10) require annual reporting, collection, and analysis of summary data on incidents
6.23of bullying, cyberbullying, harassment, and intimidation and on remedial responses both
6.24to individuals and throughout the school; and
6.25(11) require ongoing professional development, consistent with section 122A.60,
6.26to build the skills of all school personnel and volunteers, including, but not limited to,
6.27educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic
6.28coaches, extracurricular activities advisors, volunteers, and paraprofessionals to identify,
6.29prevent, and appropriately address bullying, cyberbullying, harassment, and intimidation.
6.30(b) Professional development under a local policy includes, but is not limited to,
6.31information about:
6.32(1) developmentally appropriate strategies both to prevent and to immediately and
6.33effectively intervene to stop bullying, cyberbullying, harassment, and intimidation;
6.34(2) the complex dynamics affecting an actor, target, and witnesses to bullying,
6.35cyberbullying, harassment, and intimidation;
7.1(3) research on bullying, cyberbullying, harassment, and intimidation, including
7.2specific categories of students at risk for bullying, cyberbullying, harassment, and
7.3intimidation in school;
7.4(4) the incidence and nature of cyberbullying; and
7.5(5) Internet safety and cyberbullying.
7.6 Subd. 5. Safe and supportive schools programming. (a) Districts and schools
7.7are encouraged to provide developmentally appropriate programmatic instruction to
7.8help students identify, prevent, and reduce bullying, cyberbullying, harassment, and
7.9intimidation; value diversity in school and society; develop and improve students'
7.10knowledge and skills for solving problems, managing conflict, engaging in civil discourse,
7.11and recognizing, responding to, and reporting prohibited conduct; and make effective
7.12prevention and intervention programs available to students, school personnel, and parents.
7.13Upon request, the school climate center under section 127A.052 must assist a district
7.14or school in helping students understand social media and cyberbullying. Districts
7.15and schools must establish strategies for creating a positive school climate and use
7.16evidence-based social-emotional learning to prevent and reduce discrimination and other
7.17prohibited conduct.
7.18(b) Districts and schools are encouraged to:
7.19(1) engage all students in creating a safe and supportive school environment;
7.20(2) partner with parents and other community members to develop and implement
7.21prevention and intervention programs;
7.22(3) engage all students and adults in integrating education, intervention, and other
7.23remedial responses into the school environment;
7.24(4) train student bystanders to intervene in and report incidents of prohibited conduct
7.25to the school's primary contact person;
7.26(5) teach students to advocate for themselves and others;
7.27(6) prevent inappropriate referrals to special education of students who may engage
7.28in prohibited conduct; and
7.29(7) foster student collaborations that support a healthy and safe school climate.
7.30 Subd. 6. State model policy. (a) The commissioner, in consultation with the
7.31commissioner of human rights, shall develop and maintain a state model policy. A district
7.32or school that does not adopt and implement a local policy under subdivisions 2 to 5
7.33must implement and may supplement the provisions of the state model policy. The
7.34commissioner must assist districts and schools under this subdivision to implement the
7.35state policy. The state model policy must:
8.1(1) define bullying, cyberbullying, harassment, and intimidation, consistent with
8.2this section;
8.3(2) apply the bullying, cyberbullying, harassment, and intimidation policy
8.4components in this section;
8.5(3) for a child with a disability, whenever an evaluation by an individualized
8.6education program team or a section 504 team indicates that the child's disability affects
8.7the child's social skills development or the child is vulnerable to bullying, cyberbullying,
8.8harassment, or intimidation because of the child's disability, the child's individualized
8.9education program or section 504 plan must address the skills and proficiencies the child
8.10needs to avoid and respond to such conduct; and
8.11(4) encourage violence prevention and character development education programs
8.12under section 120B.232, subdivision 1.
8.13(b) The commissioner shall adopt rules to implement this section.
8.14(c) The commissioner shall develop and post departmental procedures for:
8.15(1) periodically reviewing district and school programs and policies for compliance
8.16with this section;
8.17(2) investigating, reporting, and responding to noncompliance with this section,
8.18which may include an annual review of plans to improve and provide a safe and supportive
8.19school climate;
8.20(3) allowing students, parents, and educators to file a complaint about noncompliance
8.21with the commissioner; and
8.22(4) annually publishing statewide summary data on incidents of bullying,
8.23cyberbullying, harassment, and intimidation, consistent with section 120B.36, subdivision
8.241.
8.25 (d) Department records under this subdivision are private data on individuals. An
8.26individual subject of the data shall have access to the data except that the name of a
8.27reporter is confidential.
8.28 (e) The commissioner must post on the department's Web site information indicating
8.29that when districts and schools allow noncurriculum-related student groups access to
8.30school facilities, the district or school must give all student groups equal access to the
8.31school facilities regardless of the content of the group members' speech.
8.32 Subd. 7. Relation to existing law. (a) This section does not:
8.33(1) establish any private right of action;
8.34(2) limit rights currently available to an individual under other civil or criminal law,
8.35including, but not limited to, chapter 363A; or
9.1(3) interfere with a person's rights of free speech and expression under the First
9.2Amendment of the Unites States Constitution.
9.3(b) Disciplinary actions under this section must conform with collective bargaining
9.4agreements and sections 121A.41 to 121A.56.
9.5EFFECTIVE DATE.Subdivision 6, paragraph (b), is effective the day following
9.6final enactment; the remainder of this section applies beginning July 1, 2014.
9.7 Sec. 4. [121A.0315] SAFE AND SUPPORTIVE SCHOOL GRANTS.
9.8 Subdivision 1. Grant program established. The commissioner of education, after
9.9consulting with the commissioners of human rights, human services, and health, shall
9.10establish a safe and supportive schools grant program to enable a school district or school
9.11to implement the requirements in section 121A.031 and foster academic achievement.
9.12All districts and schools participating under section 121A.031 are eligible to apply for a
9.13grant under this section.
9.14 Subd. 2. Grant application. To be eligible to receive a grant, a district or school
9.15must submit an application to the commissioner in the form and manner and according
9.16to the timeline established by the commissioner. The application must describe how
9.17the applicant will create and maintain a safe and supportive school environment and
9.18foster academic achievement given the characteristics and circumstances of its students,
9.19their families, and the school community. The commissioner may require additional
9.20information from the applicant. When reviewing the applications, the commissioner
9.21must determine whether the applicant met the requirements of this section and is able to
9.22meet the requirements of section 121A.031.
9.23 Subd. 3. Grant awards. The commissioner may award grants to eligible applicants
9.24for creating and maintaining a safe and supportive school environment and fostering
9.25academic achievement. Grant amounts may not exceed $....... per resident pupil unit in the
9.26district or school in the prior school year. Grant recipients should be located throughout
9.27the state.
9.28 Subd. 4. Grant proceeds. A grant recipient must use grant funds to create and
9.29maintain a safe and supportive school environment and foster academic achievement
9.30according to the terms of its grant application.
9.31EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.
9.32 Sec. 5. Minnesota Statutes 2012, section 121A.55, is amended to read:
9.33121A.55 POLICIES TO BE ESTABLISHED.
10.1(a) The commissioner of education shall promulgate guidelines to assist each school
10.2board. Each school board shall to establish uniform criteria for dismissal and adopt
10.3written policies and rules to effectuatethe purposes of sections 121A.031 and
121A.40 to
10.4121A.56
. The policies shall emphasize preventing dismissals through early detection of
10.5problems andshall be designed to address prevent students' inappropriate behavior from
10.6recurring. The policies shall recognize the continuing responsibility of the schoolfor the
10.7education of to educate the pupil during the dismissal period. The alternative educational
10.8services, if the pupil wishes to take advantage of them, must be adequate to allow the
10.9pupil to make progress towards meeting the graduation standards adopted under section
10.10120B.02
and help prepare the pupil for readmission.
10.11(b) An area learning center under section123A.05 may not prohibit an expelled or
10.12excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
10.13board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
10.14exclude a pupil or to require an admission plan.
10.15(c) Each school district shall develop a policy and report it to the commissioner on
10.16the appropriate use of peace officers and crisis teams to remove students who have an
10.17individualized education program from school grounds.
10.18EFFECTIVE DATE.This section is effective July 1, 2014.
10.19 Sec. 6. Minnesota Statutes 2012, section 121A.69, subdivision 3, is amended to read:
10.20 Subd. 3. School board policy. Each school board shall adopt a written policy
10.21governing student or staff hazing. The policy must apply to student behavior that occurs
10.22on or off school property and during and after school hours and be consistent with section
10.23121A.031. The policy must include reporting procedures and disciplinary consequences
10.24for violating the policy. Disciplinary consequences must be sufficiently severe to deter
10.25violations and appropriately discipline prohibited behavior. Disciplinary consequences
10.26must conform with sections 121A.031 and121A.41 to
121A.56 . Each school must include
10.27the policy in the student handbook on school policies.
10.28EFFECTIVE DATE.This section is effective July 1, 2014.
10.29 Sec. 7. Minnesota Statutes 2012, section 122A.18, subdivision 1, is amended to read:
10.30 Subdivision 1. Authority to license. (a) The Board of Teaching must license
10.31teachers, as defined in section122A.15, subdivision 1 , except for supervisory personnel,
10.32as defined in section122A.15, subdivision 2 .
11.1(b) The Board of School Administrators must license supervisory personnel as
11.2defined in section122A.15, subdivision 2 , except for athletic coaches.
11.3(c) Licenses under the jurisdiction of the Board of Teaching, the Board of School
11.4Administrators, and the commissioner of education must be issued through the licensing
11.5section of the department.
11.6(d) The Board of Teaching and the Department of Education must enter into a data
11.7sharing agreement to share educational data at the E-12 level for the limited purpose
11.8of program approval and improvement for teacher education programs. The program
11.9approval process must include targeted redesign of teacher preparation programs to
11.10address identified E-12 student areas of concern.
11.11(e) The Board of School Administrators and the Department of Education must enter
11.12into a data sharing agreement to share educational data at the E-12 level for the limited
11.13purpose of program approval and improvement for education administration programs.
11.14The program approval process must include targeted redesign of education administration
11.15preparation programs to address identified E-12 student areas of concern.
11.16(f) For purposes of the data sharing agreements under paragraphs (d) and (e),
11.17the Board of Teaching, Board of School Administrators, and Department of Education
11.18may share private data, as defined in section13.02, subdivision 12 , on teachers and
11.19school administrators and data on incidents of bullying, cyberbullying, harassment,
11.20and intimidation and remedial responses to the incidents under section 121A.031. The
11.21data sharing agreements must not include educational data, as defined in section13.32,
11.22subdivision 1 , but may include summary data, as defined in section
13.02, subdivision 19 ,
11.23derived from educational data.
11.24EFFECTIVE DATE.This section is effective the day following final enactment.
11.25 Sec. 8. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:
11.26 Subd. 1a. Effective staff development activities. (a) Staff development activities
11.27must:
11.28(1) focus on the school classroom and research-based strategies that improve student
11.29learning;
11.30(2) provide opportunities for teachers to practice and improve their instructional
11.31skills over time;
11.32(3) provide opportunities for teachers to use student data as part of their daily work
11.33to increase student achievement;
12.1(4) enhance teacher content knowledge and instructional skills, including to
12.2accommodate the delivery of digital and blended learning and curriculum and engage
12.3students with technology;
12.4(5) align with state and local academic standards;
12.5(6) provide opportunities to build professional relationships, foster collaboration
12.6among principals and staff who provide instruction, and provide opportunities for
12.7teacher-to-teacher mentoring; and
12.8(7) align with the plan of the district or site for an alternative teacher professional
12.9pay system.
12.10Staff development activities may include curriculum development and curriculum training
12.11programs, and activities that provide teachers and other members of site-based teams
12.12training to enhance team performance. The school district also may implement other
12.13staff development activities required by law and activities associated with professional
12.14teacher compensation models.
12.15(b) Release time provided for teachers to supervise students on field trips and school
12.16activities, or independent tasks not associated with enhancing the teacher's knowledge
12.17and instructional skills, such as preparing report cards, calculating grades, or organizing
12.18classroom materials, may not be counted as staff development time that is financed with
12.19staff development reserved revenue under section122A.61 .
12.20(c) Staff development activities also may include training for school counselors,
12.21social workers, psychologists, and other mental health professionals to support students,
12.22teachers, and school administrators in implementing restorative and reparative best
12.23practices to prevent and appropriately address student bullying, cyberbullying, harassment,
12.24and intimidation, consistent with section 121A.031, subdivision 4, paragraph (b).
12.25EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
12.26later.
12.27 Sec. 9. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:
12.28 Subd. 3. Staff development outcomes. The advisory staff development committee
12.29must adopt a staff development plan for improving student achievement. The plan must
12.30be consistent with education outcomes that the school board determines. The plan
12.31must include ongoing staff development activities that contribute toward continuous
12.32improvement in achievement of the following goals:
12.33(1) improve student achievement of state and local education standards in all areas
12.34of the curriculum by using best practices methods;
13.1(2) effectively meet the needs of a diverse student population, including at-risk
13.2children, children with disabilities, and gifted children, within the regular classroom
13.3and other settings;
13.4(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
13.5student population that is consistent with the state education diversity rule and the district's
13.6education diversity plan;
13.7(4) improve staff collaboration and develop mentoring and peer coaching programs
13.8for teachers new to the school or district;
13.9(5) effectively teach and model violence prevention policy and curriculum that
13.10address early intervention alternatives,issues of harassment, annually train all school
13.11staff and school volunteers who regularly interact with students in best practices to
13.12create and maintain a safe and supportive learning environment, consistent with section
13.13121A.031, and teach nonviolent alternatives for conflict resolution, including restorative
13.14and reparative processes;
13.15(6) effectively deliver digital and blended learning and curriculum and engage
13.16students with technology; and
13.17(7) provide teachers and other members of site-based management teams with
13.18appropriate management and financial management skills.
13.19EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
13.20later.
13.21 Sec. 10. Minnesota Statutes 2012, section 124D.10, subdivision 8, is amended to read:
13.22 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
13.23federal, state, and local health and safety requirements applicable to school districts.
13.24 (b) A school must comply with statewide accountability requirements governing
13.25standards and assessments in chapter 120B.
13.26 (c) A school authorized by a school board may be located in any district, unless the
13.27school board of the district of the proposed location disapproves by written resolution.
13.28 (d) A charter school must be nonsectarian in its programs, admission policies,
13.29employment practices, and all other operations. An authorizer may not authorize a charter
13.30school or program that is affiliated with a nonpublic sectarian school or a religious
13.31institution. A charter school student must be released for religious instruction, consistent
13.32with section120A.22, subdivision 12 , clause (3).
13.33 (e) Charter schools must not be used as a method of providing education or
13.34generating revenue for students who are being home-schooled. This paragraph does not
13.35apply to shared time aid under section126C.19 .
14.1 (f) The primary focus of a charter school must be to provide a comprehensive
14.2program of instruction for at least one grade or age group from five through 18 years
14.3of age. Instruction may be provided to people younger than five years and older than
14.418 years of age.
14.5 (g) A charter school may not charge tuition.
14.6 (h) A charter school is subject to and must comply with chapter 363A and section
14.7121A.04
.
14.8 (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
14.9Act, sections121A.40 to
121A.56 , and the Minnesota Public School Fee Law, sections
14.10123B.34
to
123B.39 .
14.11 (j) A charter school is subject to the same financial audits, audit procedures, and
14.12audit requirements as a district. Audits must be conducted in compliance with generally
14.13accepted governmental auditing standards, the federal Single Audit Act, if applicable,
14.14and section6.65 . A charter school is subject to and must comply with sections
15.054 ;
14.15118A.01
;
118A.02 ;
118A.03 ;
118A.04 ;
118A.05 ;
118A.06 ;
471.38 ;
471.391 ;
471.392 ; and
14.16471.425
. The audit must comply with the requirements of sections
123B.75 to
123B.83 ,
14.17except to the extent deviations are necessary because of the program at the school.
14.18Deviations must be approved by the commissioner and authorizer. The Department of
14.19Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
14.20or compliance audits. A charter school determined to be in statutory operating debt under
14.21sections123B.81 to
123B.83 must submit a plan under section
123B.81, subdivision 4 .
14.22 (k) A charter school is a district for the purposes of tort liability under chapter 466.
14.23 (l) A charter school must comply with chapters 13 and 13D; and sections120A.22,
14.24subdivision 7 ;
121A.75 ; and
260B.171 , subdivisions 3 and 5.
14.25 (m) A charter school is subject to the Pledge of Allegiance requirement under
14.26section121A.11, subdivision 3 .
14.27 (n) A charter school offering online courses or programs must comply with section
14.28124D.095
.
14.29 (o) A charter school and charter school board of directors are subject to chapter 181.
14.30 (p) A charter school must comply with section120A.22, subdivision 7 , governing
14.31the transfer of students' educational records and sections138.163 and
138.17 governing
14.32the management of local records.
14.33 (q) A charter school that provides early childhood health and developmental
14.34screening must comply with sections121A.16 to
121A.19 .
14.35(r) A charter school that provides school-sponsored youth athletic activities must
14.36comply with section 121A.38.
15.1(s) A charter school must comply with section 121A.031 governing policies on
15.2student bullying, cyberbullying, harassment, and intimidation.
15.3EFFECTIVE DATE.This section is effective July 1, 2014.
15.4 Sec. 11. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read:
15.5 Subdivision 1. Program goals. The department, in consultation with the state
15.6curriculum advisory committee, must develop guidelines and model plans for parental
15.7involvement programs that will:
15.8(1) engage the interests and talents of parents or guardians in recognizing and
15.9meeting the emotional, intellectual, and physical needs of their school-age children;
15.10(2) promote healthy self-concepts among parents or guardians and other family
15.11members;
15.12(3) offer parents or guardians a chance to share and learn about educational skills,
15.13techniques, and ideas;
15.14(4) provide creative learning experiences for parents or guardians and their
15.15school-age children, including involvement from parents or guardians of color;
15.16(5) encourage parents to actively participate in their district's curriculum advisory
15.17committee under section120B.11 in order to assist the school board in improving
15.18children's education programs;and
15.19(6) encourage parents to help in promoting school desegregation/integration; and
15.20(7) partner with parents in establishing a positive school climate by developing and
15.21implementing prevention and intervention programs on student bullying, cyberbullying,
15.22harassment, and intimidation under section 121A.031.
15.23EFFECTIVE DATE.This section is effective the day following final enactment.
15.24 Sec. 12. Minnesota Statutes 2012, section 124D.8955, is amended to read:
15.25124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.
15.26 (a) In order to promote and support student achievement, a local school board is
15.27encouraged to formally adopt and implement a parent and family involvement policy that
15.28promotes and supports:
15.29 (1) communication between home and school that is regular, two-way, and
15.30meaningful;
15.31 (2) parenting skills;
15.32 (3) parents and caregivers who play an integral role in assisting student learning and
15.33learn about fostering students' academic success and learning at home and school;
16.1 (4) welcoming parents in the school and seeking their support and assistance;
16.2 (5) partnerships with parents in the decisions that affect children and families
16.3in the schools; and
16.4 (6) providing community resources to strengthen schools, families, and student
16.5learning, including establishing a positive school climate by developing and implementing
16.6prevention and intervention programs on student bullying, cyberbullying, harassment,
16.7and intimidation under section 121A.031.
16.8 (b) A school board that implements a parent and family involvement policy under
16.9paragraph (a) must convene an advisory committee composed of an equal number of
16.10resident parents who are not district employees and school staff to make recommendations
16.11to the board on developing and evaluating the board's parent and family involvement
16.12policy. If possible, the advisory committee must represent the diversity of the district. The
16.13advisory committee must consider the district's demographic diversity and barriers to
16.14parent involvement when developing its recommendations. The advisory committee must
16.15recommend to the school board and district or school how programs serving children and
16.16adolescents can collaborate on:
16.17(1) understanding normal child and adolescent development;
16.18(2) encouraging healthy communication between parents and children;
16.19(3) managing students' behavior through positive reinforcement;
16.20(4) establishing expectations for student behavior;
16.21(5) providing media and Internet guidance, limits, and supervision; and
16.22(6) promoting resilience and reducing risks for children.
16.23The advisory committee must present its recommendations to the board for board
16.24consideration.
16.25 (c) The board must consider best practices when implementing this policy.
16.26 (d) The board periodically must review this policy to determine whether it is aligned
16.27with the most current research findings on parent involvement policies and practices and
16.28how effective the policy is in supporting increased student achievement.
16.29 (e) Nothing in this section obligates a school district to exceed any parent or family
16.30involvement requirement under federal law.
16.31EFFECTIVE DATE.This section is effective the day following final enactment.
16.32 Sec. 13. Minnesota Statutes 2012, section 125B.15, is amended to read:
16.33125B.15 INTERNET ACCESS FOR STUDENTS.
17.1 (a) Recognizing the difference between school libraries, school computer labs, and
17.2school media centers, which serve unique educational purposes, and public libraries,
17.3which are designed for public inquiry, all computers at a school site with access to the
17.4Internet available for student use must be equipped to restrict, including by use of
17.5available software filtering technology or other effective methods, all student access
17.6to material that is reasonably believed to be obscene or child pornography or material
17.7harmful to minors under federal or state law.
17.8 (b) A school site is not required to purchase filtering technology if the school site
17.9would incur more than incidental expense in making the purchase.
17.10 (c) A school district receiving technology revenue under section125B.26 must
17.11prohibit, including through use of available software filtering technology or other effective
17.12methods, adult access to material that under federal or state law is reasonably believed to
17.13be obscene or child pornography.
17.14 (d) A school district, its agents or employees, are immune from liability for failure
17.15to comply with this section if they have made a good faith effort to comply with the
17.16requirements of this section.
17.17 (e) "School site" means an education site as defined in section123B.04, subdivision
17.181 , or charter school under section
124D.10 .
17.19 (f) All school sites having computers with Internet access must adopt and implement
17.20a policy to prohibit cyberbullying, consistent with section 121A.031.
17.21EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
17.22later.
17.23 Sec. 14. [127A.051] COUNCIL TO ADVANCE SAFE AND SUPPORTIVE
17.24SCHOOLS AND PREVENT STUDENT BULLYING.
17.25 Subdivision 1. Creation. A council to advance safe and supportive schools and
17.26prevent student bullying, designated as the Minnesota Safe and Supportive Schools
17.27Council, is hereby created.
17.28 Subd. 2. Membership. The council members are the commissioners of education,
17.29human rights, health, human services, and public safety, or their designees, and other
17.30state agency representatives that council members determine are needed to accomplish
17.31this section.
17.32 Subd. 3. Council activities. The council shall help develop a comprehensive,
17.33coordinated, data-driven process to advance healthy, safe, and supportive school
17.34communities; prevent and respond to student bullying, cyberbullying, harassment, and
17.35intimidation, consistent with section 121A.031; and improve and expand appropriate
18.1and effective staff training and student and community awareness sufficient to provide a
18.2learning environment in Minnesota schools where all students can succeed. Council
18.3activities shall include:
18.4(1) establishing multisystem norms and standards for prevention, intervention,
18.5and support;
18.6(2) promoting evidence-based and promising policy and best practices options;
18.7(3) supporting school and public mental health initiatives consistent with council
18.8activities; and
18.9(4) coordinating interagency actions, decisions, plans, monitoring, implementation
18.10efforts, acquisitions, and resources implicated in the council's activities.
18.11 Subd. 4. Council chair. The commissioner of education shall serve as council chair.
18.12 Subd. 5. Staff support. The council shall have the authority to request and require
18.13staff support from all agencies of state government as needed to execute the council's
18.14activities. The support shall be provided based upon an annual work plan developed by
18.15the council and submitted to the commissioner of education.
18.16EFFECTIVE DATE.This section is effective beginning July 1, 2013.
18.17 Sec. 15. [127A.052] SCHOOL CLIMATE CENTER.
18.18(a) The commissioner shall establish a school climate center at the department to
18.19help districts and schools under section 121A.031 provide a safe and supportive learning
18.20environment and foster academic achievement for all students by focusing on prevention,
18.21intervention, support, and recovery. The center must work collaboratively with implicated
18.22state agencies identified by the center and schools, communities, and interested individuals
18.23and organizations to determine how to best use available resources.
18.24(b) The center's services shall include:
18.25(1) evidence-based policy review, development, and dissemination;
18.26(2) single, point-of-contact services for schools, parents, and students seeking
18.27information or other help;
18.28(3) qualitative and quantitative data gathering, interpretation, and dissemination of
18.29summary data for existing reporting systems and student surveys and the identification
18.30and pursuit of emerging trends and issues;
18.31(4) assistance to districts and schools in using Minnesota student survey results to
18.32inform intervention and prevention programs;
18.33(5) education and skill building;
18.34(6) multisector and multiagency planning and advisory activities incorporating
18.35best practices and research; and
19.1(7) administrative and financial support for school site-based planning, school sites
19.2recovering from incidents of violence, and violence prevention education.
19.3(c) The center shall:
19.4(1) compile and make available to all districts and schools evidence-based elements
19.5and resources to develop and maintain safe and supportive schools;
19.6(2) establish and maintain a central repository for collecting and analyzing
19.7information about bullying, cyberbullying, harassment, and intimidation, including, but
19.8not limited to:
19.9(i) training materials on strategies and techniques to prevent and appropriately
19.10address prohibited conduct;
19.11(ii) model programming;
19.12(iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph
19.13(g); and
19.14(iv) other resources for improving the school climate and preventing bullying,
19.15cyberbullying, harassment, and intimidation;
19.16(3) assist districts and schools to develop strategies and techniques for effectively
19.17communicating with and engaging parents in efforts to protect students from bullying,
19.18cyberbullying, harassment, and intimidation by other students and adults; and
19.19(4) solicit input from social media experts on implementing this section.
19.20(d) The commissioner shall provide administrative services including personnel,
19.21budget, payroll and contract services, and staff support for center activities including
19.22developing and disseminating materials, providing seminars, and developing and
19.23maintaining a Web site. Center staff shall include a center director, a data analyst
19.24coordinator, and trainers who provide training to affected state and local organizations
19.25under a fee-for-service agreement. The financial, administrative, and staff support the
19.26commissioner provides under this section must be based on an annual budget and work
19.27program developed by the center and submitted to the commissioner by the center director.
19.28EFFECTIVE DATE.This section is effective beginning July 1, 2013.
19.29 Sec. 16. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read:
19.30 Subd. 2. Violations of law. The commissioner may reduce or withhold the district's
19.31state aid for any school year whenever the board of the district authorizes or permits
19.32violations of law within the district by:
19.33(1) employing a teacher who does not hold a valid teaching license or permit in a
19.34public school;
20.1(2) noncompliance with a mandatory rule of general application promulgated by the
20.2commissioner in accordance with statute, unless special circumstances make enforcement
20.3inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
20.4the district's best interests;
20.5(3) the district's continued performance of a contract made for the rental of rooms
20.6or buildings for school purposes or for the rental of any facility owned or operated by or
20.7under the direction of any private organization, if the contract has been disapproved, the
20.8time for review of the determination of disapproval has expired, and no proceeding for
20.9review is pending;
20.10(4) any practice which is a violation of sections 1 and 2 of article 13 of the
20.11Constitution of the state of Minnesota;
20.12(5) failure to reasonably provide for a resident pupil's school attendance under
20.13Minnesota Statutes;
20.14(6) noncompliance with state laws prohibiting discrimination because of race,
20.15color, creed, religion, national origin, sex, age, marital status, status with regard to
20.16public assistanceor, disability, as defined in sections
363A.08 to
363A.19 and
363A.28,
20.17subdivision 10 , or with state law prohibiting student bullying, cyberbullying, harassment,
20.18and intimidation under section 121A.031; or
20.19(7) using funds contrary to the statutory purpose of the funds.
20.20The reduction or withholding must be made in the amount and upon the procedure
20.21provided in this section, or, in the case of the violation stated in clause (1), upon the
20.22procedure provided in section127A.43 .
20.23EFFECTIVE DATE.This section is effective July 1, 2014.
20.24 Sec. 17. APPROPRIATIONS.
20.25(a) $....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from
20.26the general fund to the commissioner of education for the school climate center under
20.27Minnesota Statutes, section 127A.052.
20.28(b) $....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from
20.29the general fund to the commissioner of education for grants to districts and schools to
20.30provide safe and supportive learning environments and foster academic achievement for
20.31all students under Minnesota Statutes, section 121A.0315.
20.32EFFECTIVE DATE.This section is effective July 1, 2013.
20.33 Sec. 18. REPEALER.
21.1Minnesota Statutes 2012, sections 121A.03; and 121A.0695, are repealed effective
21.2July 1, 2014.
1.3rulemaking; appropriating money;amending Minnesota Statutes 2012, sections
1.4120B.36, subdivision 1; 121A.55; 121A.69, subdivision 3; 122A.18, subdivision
1.51; 122A.60, subdivisions 1a, 3; 124D.10, subdivision 8; 124D.895, subdivision
1.61; 124D.8955; 125B.15; 127A.42, subdivision 2; proposing coding for new
1.7law in Minnesota Statutes, chapters 121A; 127A; repealing Minnesota Statutes
1.82012, sections 121A.03; 121A.0695.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. TITLE.
1.11This act may be cited as the "Safe and Supportive Minnesota Schools Act."
1.12 Sec. 2. Minnesota Statutes 2012, section 120B.36, subdivision 1, is amended to read:
1.13 Subdivision 1. School performance report cards. (a) The commissioner
1.14shall report student academic performance under section
1.15percentages of students showing low, medium, and high growth under section
1.16subdivision 3
1.17under section
1.19indicate the definition of teacher consistent with sections
1.20purposes of determining these ratios; staff characteristics excluding salaries; student
1.21enrollment demographics; district mobility; summary data on incidents of student
1.22bullying, cyberbullying, harassment, and intimidation and remedial responses to the
1.23incidents under section 121A.031, subdivision 4, clause (10); and extracurricular
1.24activities. The report also must indicate a school's adequate yearly progress status, and
1.25must not set any designations applicable to high- and low-performing schools due solely
2.1to adequate yearly progress status. The commissioner must use the summary data on
2.2prohibited conduct reported under section 121A.031, subdivision 4, clause (10), to inform
2.3the work of the school climate center under section 127A.052 and to assist districts and
2.4schools in improving the educational outcomes of all students and specific categories of
2.5students affected by such prohibited conduct.
2.6 (b) The commissioner shall develop, annually update, and post on the department
2.7Web site school performance report cards.
2.8 (c) The commissioner must make available performance report cards by the
2.9beginning of each school year.
2.10 (d) A school or district may appeal its adequate yearly progress status in writing to
2.11the commissioner within 30 days of receiving the notice of its status. The commissioner's
2.12decision to uphold or deny an appeal is final.
2.13 (e) School performance report card data are nonpublic data under section
2.14subdivision 9
2.15annually post school performance report cards to the department's public Web site no later
2.16than September 1, except that in years when the report card reflects new performance
2.17standards, the commissioner shall post the school performance report cards no later than
2.18October 1.
2.19EFFECTIVE DATE.This section is effective for the 2015-2016 school year and
2.20later.
2.21 Sec. 3. [121A.031] SCHOOL POLICY TO PROVIDE SAFE AND SUPPORTIVE
2.22SCHOOLS.
2.23 Subdivision 1. Local and state policy; scope and application. (a) This section
2.24applies to:
2.25(1) conduct on school premises, at school functions or activities, and on school
2.26transportation;
2.27(2) use of electronic technology and communications on school premises, during
2.28school functions or activities, on school transportation, and on school computers,
2.29networks, forums, and mailing lists; and
2.30(3) use of electronic technology and communications off school premises to the
2.31extent such use is reasonably foreseeable to substantially and materially disrupt student
2.32learning or the school environment.
2.33(b) This section applies to school districts as defined in section 121A.41, subdivision
2.343, and schools as defined in section 120A.05, subdivisions 9, 11, 13, and 17, and in
2.35123B.41, subdivision 9, if the school, other than a home school, receives public funds or
3.1other public resources. This act does not apply to a home school under sections 120A.22,
3.2subdivision 4, and 120A.24.
3.3 Subd. 2. Local district and school policy. (a) Districts and schools, in consultation
3.4with students, parents, and community organizations, shall adopt, implement, and annually
3.5review, and revise where appropriate, a written policy to prevent and prohibit student
3.6bullying, cyberbullying, harassment, and intimidation, consistent with this section. The
3.7policy must conform with sections 121A.41 to 121A.56. A district or school must adopt
3.8and implement a local policy under subdivisions 2 to 5 or comply with the provisions of
3.9the state model policy in subdivision 6.
3.10(b) Each local district and school policy must establish research-based,
3.11developmentally appropriate best practices that include preventive and remedial measures
3.12and effective discipline for deterring policy violations; apply throughout the school
3.13community; and foster active student, parent, and community participation. A district or
3.14school may request assistance from the school climate center under section 127A.052 in
3.15complying with local policy requirements. The policy shall:
3.16(1) apply to all students, school personnel, and volunteers;
3.17(2) specifically list the characteristics contained in the definition of prohibited
3.18conduct under subdivision 3, paragraph (f);
3.19(3) emphasize remedial responses over punitive measures;
3.20(4) be conspicuously posted throughout the school building;
3.21(5) be given to each school employee and independent contractor at the time of
3.22employment with the district or school;
3.23(6) be included in the student handbook on school policies; and
3.24(7) be available to all parents and other school community members in accessible
3.25languages and format on the district or school Web site.
3.26 (c) Each district and school under this subdivision must discuss its policy with
3.27students, school personnel, and volunteers and provide training for all school personnel
3.28and volunteers to prevent, identify, and appropriately respond to prohibited conduct.
3.29 (d) Each district and school under this subdivision must submit an electronic copy
3.30of its bullying, cyberbullying, harassment, and intimidation policy to the commissioner
3.31for review.
3.32 Subd. 3. Definitions. (a) The terms defined in this subdivision have the meanings
3.33given them for purposes of this act.
3.34(b) "Bullying" means use of one or a series of words, images, or actions, transmitted
3.35directly or indirectly between individuals or through technology, that a reasonable person
3.36knows or should know, under the circumstances, will have the effect of interfering with
4.1the ability of an individual, including a student who observes the conduct, to participate
4.2in a safe and supportive learning environment. Examples of bullying may include, but
4.3are not limited to, conduct that:
4.4(1) places an individual in reasonable fear of harm to person or property, including
4.5through intimidation;
4.6(2) has a detrimental effect on the physical, social, or emotional health of a student;
4.7(3) interferes with a student's educational performance or ability to participate in
4.8educational opportunities;
4.9(4) encourages the deliberate exclusion of a student from a school service, activity,
4.10or privilege;
4.11(5) creates or exacerbates a real or perceived imbalance of power between students;
4.12(6) violates the reasonable expectation of privacy of one or more individuals; or
4.13(7) relates to the actual or perceived race, ethnicity, color, creed, religion, national
4.14origin, immigration status, sex, age, marital status, familial status, socioeconomic status,
4.15physical appearance, sexual orientation, gender identity and expression, academic status,
4.16disability, or status with regard to public assistance, age, or any additional characteristic
4.17defined in chapter 363A of a person or of a person with whom that person associates, but
4.18the conduct does not rise to the level of harassment.
4.19(c) "Cyberbullying" means bullying through use of technology or any electronic
4.20communication, including, but not limited to, a transfer of signs, signals, writing, images,
4.21sounds, or data, including a post on a social network Internet Web site or forum transmitted
4.22through a computer, cell phone, or other electronic device.
4.23(d) "Harassment" means intimidating or abusive behavior toward an individual based
4.24on actual or perceived race, ethnicity, color, creed, religion, national origin, immigration
4.25status, sex, age, marital status, familial status, socioeconomic status, physical appearance,
4.26sexual orientation, gender identity and expression, academic status, disability, or status
4.27with regard to public assistance, age, or any additional characteristic defined in chapter
4.28363A that creates a hostile environment by interfering with or denying a student or other
4.29individual the ability to participate in or receive a benefit, service, or opportunity in a
4.30district or school program. Harassing conduct is unwelcome if the person does not request
4.31or invite it and considers the conduct to be undesirable or offensive.
4.32(e) "Intimidation" means a method used to bully or harass an individual.
4.33(f) "Prohibited conduct" means bullying, cyberbullying, harassment, or intimidation
4.34as defined under this subdivision, retaliation for asserting or alleging such conduct,
4.35perpetuating such conduct by transmitting hurtful or demeaning material, or engaging in
4.36speech that will materially disrupt a student's learning environment. Prohibited conduct
5.1includes discriminatory conduct based on a person's actual or perceived race, ethnicity,
5.2color, creed, religion, national origin, immigration status, sex, marital status, familial
5.3status, socioeconomic status, physical appearance, sexual orientation, gender identity and
5.4expression, academic status, disability, or status with regard to public assistance, age,
5.5or any additional characteristic defined in chapter 363A, as well as association with a
5.6person or group of persons with one or more of these actual or perceived characteristics;
5.7however, prohibited conduct need not be based on any particular characteristic defined
5.8in this paragraph or chapter 363A. Each district and school must list in their policy the
5.9characteristics identified in this paragraph.
5.10(g) "Remedial response" means a measure to stop and correct prohibited conduct,
5.11prevent prohibited conduct from recurring, and protect, support, and intervene on behalf
5.12of the student who is the target of the prohibited conduct. Districts and schools may
5.13seek the assistance of the school climate center under section 127A.052 to develop and
5.14implement remedial responses on behalf of a student who is the target of prohibited
5.15conduct, to stop and correct a student engaging in prohibited conduct, and for use with
5.16students and adults in the school community. Districts and schools need not report the
5.17use of remedial responses when their use is unrelated to any particular incident of student
5.18bullying, cyberbullying, harassment, or intimidation.
5.19 Subd. 4. Local policy components. (a) Each district and school policy, in
5.20prohibiting bullying, cyberbullying, harassment, and intimidation against all students and
5.21specific categories of students based on actual or perceived characteristics listed under
5.22subdivision 3, paragraph (f), must, at a minimum:
5.23(1) designate a staff member as the primary contact person in the school building
5.24to receive reports of all formal and informal complaints, ensure the policy and its
5.25procedures including restorative practices, consequences, and sanctions are fairly and
5.26fully implemented, and serve as the primary contact on policy and procedural matters
5.27implicating both the district or school and the department;
5.28(2) require school employees and trained volunteers who witness bullying,
5.29cyberbullying, harassment, or intimidation incidents or possess reliable information
5.30that would lead to a reasonable person to suspect that a student is a target of bullying,
5.31cyberbullying, harassment, or intimidation to promptly report that information to the
5.32primary contact person;
5.33(3) provide a procedure to promptly investigate a bullying, cyberbullying,
5.34harassment, or intimidation report within three school days of the report, and make the
5.35primary contact person responsible for the investigation and any resulting record and for
5.36keeping and regulating access to any record;
6.1(4) indicate how a school will respond to an identified incident of bullying,
6.2cyberbullying, harassment, or intimidation, including immediately intervening to protect
6.3the target of the prohibited conduct; at the school administrator's discretion, notifying the
6.4parent of the reported target of the prohibited conduct, the parent of the actor engaged in
6.5the prohibited conduct, or law enforcement officials; providing other remedial responses
6.6to the prohibited conduct; and ensuring that remedial responses are tailored to the
6.7particular incident and nature of the conduct and the student's developmental age and
6.8behavioral history;
6.9(5) prohibit reprisals or retaliation against any person who reports bullying,
6.10cyberbullying, harassment, or intimidation and establish appropriate consequences for a
6.11person who engages in reprisal or retaliation;
6.12(6) allow anonymous reporting but do not rely solely on an anonymous report to
6.13determine discipline;
6.14(7) refer the target, actor, and other affected individuals to counseling and mental
6.15or other health services, as appropriate;
6.16(8) where appropriate for a child with a disability, require the child's individualized
6.17education program or section 504 plan to address the skills and proficiencies the child
6.18needs to respond to prohibited conduct;
6.19(9) use new employee training materials, the school publication on school rules,
6.20procedures, and standards of conduct, and the student handbook on school policies
6.21to publicize the policy;
6.22(10) require annual reporting, collection, and analysis of summary data on incidents
6.23of bullying, cyberbullying, harassment, and intimidation and on remedial responses both
6.24to individuals and throughout the school; and
6.25(11) require ongoing professional development, consistent with section 122A.60,
6.26to build the skills of all school personnel and volunteers, including, but not limited to,
6.27educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic
6.28coaches, extracurricular activities advisors, volunteers, and paraprofessionals to identify,
6.29prevent, and appropriately address bullying, cyberbullying, harassment, and intimidation.
6.30(b) Professional development under a local policy includes, but is not limited to,
6.31information about:
6.32(1) developmentally appropriate strategies both to prevent and to immediately and
6.33effectively intervene to stop bullying, cyberbullying, harassment, and intimidation;
6.34(2) the complex dynamics affecting an actor, target, and witnesses to bullying,
6.35cyberbullying, harassment, and intimidation;
7.1(3) research on bullying, cyberbullying, harassment, and intimidation, including
7.2specific categories of students at risk for bullying, cyberbullying, harassment, and
7.3intimidation in school;
7.4(4) the incidence and nature of cyberbullying; and
7.5(5) Internet safety and cyberbullying.
7.6 Subd. 5. Safe and supportive schools programming. (a) Districts and schools
7.7are encouraged to provide developmentally appropriate programmatic instruction to
7.8help students identify, prevent, and reduce bullying, cyberbullying, harassment, and
7.9intimidation; value diversity in school and society; develop and improve students'
7.10knowledge and skills for solving problems, managing conflict, engaging in civil discourse,
7.11and recognizing, responding to, and reporting prohibited conduct; and make effective
7.12prevention and intervention programs available to students, school personnel, and parents.
7.13Upon request, the school climate center under section 127A.052 must assist a district
7.14or school in helping students understand social media and cyberbullying. Districts
7.15and schools must establish strategies for creating a positive school climate and use
7.16evidence-based social-emotional learning to prevent and reduce discrimination and other
7.17prohibited conduct.
7.18(b) Districts and schools are encouraged to:
7.19(1) engage all students in creating a safe and supportive school environment;
7.20(2) partner with parents and other community members to develop and implement
7.21prevention and intervention programs;
7.22(3) engage all students and adults in integrating education, intervention, and other
7.23remedial responses into the school environment;
7.24(4) train student bystanders to intervene in and report incidents of prohibited conduct
7.25to the school's primary contact person;
7.26(5) teach students to advocate for themselves and others;
7.27(6) prevent inappropriate referrals to special education of students who may engage
7.28in prohibited conduct; and
7.29(7) foster student collaborations that support a healthy and safe school climate.
7.30 Subd. 6. State model policy. (a) The commissioner, in consultation with the
7.31commissioner of human rights, shall develop and maintain a state model policy. A district
7.32or school that does not adopt and implement a local policy under subdivisions 2 to 5
7.33must implement and may supplement the provisions of the state model policy. The
7.34commissioner must assist districts and schools under this subdivision to implement the
7.35state policy. The state model policy must:
8.1(1) define bullying, cyberbullying, harassment, and intimidation, consistent with
8.2this section;
8.3(2) apply the bullying, cyberbullying, harassment, and intimidation policy
8.4components in this section;
8.5(3) for a child with a disability, whenever an evaluation by an individualized
8.6education program team or a section 504 team indicates that the child's disability affects
8.7the child's social skills development or the child is vulnerable to bullying, cyberbullying,
8.8harassment, or intimidation because of the child's disability, the child's individualized
8.9education program or section 504 plan must address the skills and proficiencies the child
8.10needs to avoid and respond to such conduct; and
8.11(4) encourage violence prevention and character development education programs
8.12under section 120B.232, subdivision 1.
8.13(b) The commissioner shall adopt rules to implement this section.
8.14(c) The commissioner shall develop and post departmental procedures for:
8.15(1) periodically reviewing district and school programs and policies for compliance
8.16with this section;
8.17(2) investigating, reporting, and responding to noncompliance with this section,
8.18which may include an annual review of plans to improve and provide a safe and supportive
8.19school climate;
8.20(3) allowing students, parents, and educators to file a complaint about noncompliance
8.21with the commissioner; and
8.22(4) annually publishing statewide summary data on incidents of bullying,
8.23cyberbullying, harassment, and intimidation, consistent with section 120B.36, subdivision
8.241.
8.25 (d) Department records under this subdivision are private data on individuals. An
8.26individual subject of the data shall have access to the data except that the name of a
8.27reporter is confidential.
8.28 (e) The commissioner must post on the department's Web site information indicating
8.29that when districts and schools allow noncurriculum-related student groups access to
8.30school facilities, the district or school must give all student groups equal access to the
8.31school facilities regardless of the content of the group members' speech.
8.32 Subd. 7. Relation to existing law. (a) This section does not:
8.33(1) establish any private right of action;
8.34(2) limit rights currently available to an individual under other civil or criminal law,
8.35including, but not limited to, chapter 363A; or
9.1(3) interfere with a person's rights of free speech and expression under the First
9.2Amendment of the Unites States Constitution.
9.3(b) Disciplinary actions under this section must conform with collective bargaining
9.4agreements and sections 121A.41 to 121A.56.
9.5EFFECTIVE DATE.Subdivision 6, paragraph (b), is effective the day following
9.6final enactment; the remainder of this section applies beginning July 1, 2014.
9.7 Sec. 4. [121A.0315] SAFE AND SUPPORTIVE SCHOOL GRANTS.
9.8 Subdivision 1. Grant program established. The commissioner of education, after
9.9consulting with the commissioners of human rights, human services, and health, shall
9.10establish a safe and supportive schools grant program to enable a school district or school
9.11to implement the requirements in section 121A.031 and foster academic achievement.
9.12All districts and schools participating under section 121A.031 are eligible to apply for a
9.13grant under this section.
9.14 Subd. 2. Grant application. To be eligible to receive a grant, a district or school
9.15must submit an application to the commissioner in the form and manner and according
9.16to the timeline established by the commissioner. The application must describe how
9.17the applicant will create and maintain a safe and supportive school environment and
9.18foster academic achievement given the characteristics and circumstances of its students,
9.19their families, and the school community. The commissioner may require additional
9.20information from the applicant. When reviewing the applications, the commissioner
9.21must determine whether the applicant met the requirements of this section and is able to
9.22meet the requirements of section 121A.031.
9.23 Subd. 3. Grant awards. The commissioner may award grants to eligible applicants
9.24for creating and maintaining a safe and supportive school environment and fostering
9.25academic achievement. Grant amounts may not exceed $....... per resident pupil unit in the
9.26district or school in the prior school year. Grant recipients should be located throughout
9.27the state.
9.28 Subd. 4. Grant proceeds. A grant recipient must use grant funds to create and
9.29maintain a safe and supportive school environment and foster academic achievement
9.30according to the terms of its grant application.
9.31EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.
9.32 Sec. 5. Minnesota Statutes 2012, section 121A.55, is amended to read:
9.33121A.55 POLICIES TO BE ESTABLISHED.
10.1(a) The commissioner of education shall promulgate guidelines to assist each school
10.2board
10.3written policies and rules to effectuate
10.5problems and
10.6recurring. The policies shall recognize the continuing responsibility of the school
10.7
10.8services, if the pupil wishes to take advantage of them, must be adequate to allow the
10.9pupil to make progress towards meeting the graduation standards adopted under section
10.11(b) An area learning center under section
10.12excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
10.13board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
10.14exclude a pupil or to require an admission plan.
10.15(c) Each school district shall develop a policy and report it to the commissioner on
10.16the appropriate use of peace officers and crisis teams to remove students who have an
10.17individualized education program from school grounds.
10.18EFFECTIVE DATE.This section is effective July 1, 2014.
10.19 Sec. 6. Minnesota Statutes 2012, section 121A.69, subdivision 3, is amended to read:
10.20 Subd. 3. School board policy. Each school board shall adopt a written policy
10.21governing student or staff hazing. The policy must apply to student behavior that occurs
10.22on or off school property and during and after school hours and be consistent with section
10.23121A.031. The policy must include reporting procedures and disciplinary consequences
10.24for violating the policy. Disciplinary consequences must be sufficiently severe to deter
10.25violations and appropriately discipline prohibited behavior. Disciplinary consequences
10.26must conform with sections 121A.031 and
10.27the policy in the student handbook on school policies.
10.28EFFECTIVE DATE.This section is effective July 1, 2014.
10.29 Sec. 7. Minnesota Statutes 2012, section 122A.18, subdivision 1, is amended to read:
10.30 Subdivision 1. Authority to license. (a) The Board of Teaching must license
10.31teachers, as defined in section
10.32as defined in section
11.1(b) The Board of School Administrators must license supervisory personnel as
11.2defined in section
11.3(c) Licenses under the jurisdiction of the Board of Teaching, the Board of School
11.4Administrators, and the commissioner of education must be issued through the licensing
11.5section of the department.
11.6(d) The Board of Teaching and the Department of Education must enter into a data
11.7sharing agreement to share educational data at the E-12 level for the limited purpose
11.8of program approval and improvement for teacher education programs. The program
11.9approval process must include targeted redesign of teacher preparation programs to
11.10address identified E-12 student areas of concern.
11.11(e) The Board of School Administrators and the Department of Education must enter
11.12into a data sharing agreement to share educational data at the E-12 level for the limited
11.13purpose of program approval and improvement for education administration programs.
11.14The program approval process must include targeted redesign of education administration
11.15preparation programs to address identified E-12 student areas of concern.
11.16(f) For purposes of the data sharing agreements under paragraphs (d) and (e),
11.17the Board of Teaching, Board of School Administrators, and Department of Education
11.18may share private data, as defined in section
11.19school administrators and data on incidents of bullying, cyberbullying, harassment,
11.20and intimidation and remedial responses to the incidents under section 121A.031. The
11.21data sharing agreements must not include educational data, as defined in section
11.22subdivision 1
11.23derived from educational data.
11.24EFFECTIVE DATE.This section is effective the day following final enactment.
11.25 Sec. 8. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:
11.26 Subd. 1a. Effective staff development activities. (a) Staff development activities
11.27must:
11.28(1) focus on the school classroom and research-based strategies that improve student
11.29learning;
11.30(2) provide opportunities for teachers to practice and improve their instructional
11.31skills over time;
11.32(3) provide opportunities for teachers to use student data as part of their daily work
11.33to increase student achievement;
12.1(4) enhance teacher content knowledge and instructional skills, including to
12.2accommodate the delivery of digital and blended learning and curriculum and engage
12.3students with technology;
12.4(5) align with state and local academic standards;
12.5(6) provide opportunities to build professional relationships, foster collaboration
12.6among principals and staff who provide instruction, and provide opportunities for
12.7teacher-to-teacher mentoring; and
12.8(7) align with the plan of the district or site for an alternative teacher professional
12.9pay system.
12.10Staff development activities may include curriculum development and curriculum training
12.11programs, and activities that provide teachers and other members of site-based teams
12.12training to enhance team performance. The school district also may implement other
12.13staff development activities required by law and activities associated with professional
12.14teacher compensation models.
12.15(b) Release time provided for teachers to supervise students on field trips and school
12.16activities, or independent tasks not associated with enhancing the teacher's knowledge
12.17and instructional skills, such as preparing report cards, calculating grades, or organizing
12.18classroom materials, may not be counted as staff development time that is financed with
12.19staff development reserved revenue under section
12.20(c) Staff development activities also may include training for school counselors,
12.21social workers, psychologists, and other mental health professionals to support students,
12.22teachers, and school administrators in implementing restorative and reparative best
12.23practices to prevent and appropriately address student bullying, cyberbullying, harassment,
12.24and intimidation, consistent with section 121A.031, subdivision 4, paragraph (b).
12.25EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
12.26later.
12.27 Sec. 9. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:
12.28 Subd. 3. Staff development outcomes. The advisory staff development committee
12.29must adopt a staff development plan for improving student achievement. The plan must
12.30be consistent with education outcomes that the school board determines. The plan
12.31must include ongoing staff development activities that contribute toward continuous
12.32improvement in achievement of the following goals:
12.33(1) improve student achievement of state and local education standards in all areas
12.34of the curriculum by using best practices methods;
13.1(2) effectively meet the needs of a diverse student population, including at-risk
13.2children, children with disabilities, and gifted children, within the regular classroom
13.3and other settings;
13.4(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
13.5student population that is consistent with the state education diversity rule and the district's
13.6education diversity plan;
13.7(4) improve staff collaboration and develop mentoring and peer coaching programs
13.8for teachers new to the school or district;
13.9(5) effectively teach and model violence prevention policy and curriculum that
13.10address early intervention alternatives,
13.11staff and school volunteers who regularly interact with students in best practices to
13.12create and maintain a safe and supportive learning environment, consistent with section
13.13121A.031, and teach nonviolent alternatives for conflict resolution, including restorative
13.14and reparative processes;
13.15(6) effectively deliver digital and blended learning and curriculum and engage
13.16students with technology; and
13.17(7) provide teachers and other members of site-based management teams with
13.18appropriate management and financial management skills.
13.19EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
13.20later.
13.21 Sec. 10. Minnesota Statutes 2012, section 124D.10, subdivision 8, is amended to read:
13.22 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
13.23federal, state, and local health and safety requirements applicable to school districts.
13.24 (b) A school must comply with statewide accountability requirements governing
13.25standards and assessments in chapter 120B.
13.26 (c) A school authorized by a school board may be located in any district, unless the
13.27school board of the district of the proposed location disapproves by written resolution.
13.28 (d) A charter school must be nonsectarian in its programs, admission policies,
13.29employment practices, and all other operations. An authorizer may not authorize a charter
13.30school or program that is affiliated with a nonpublic sectarian school or a religious
13.31institution. A charter school student must be released for religious instruction, consistent
13.32with section
13.33 (e) Charter schools must not be used as a method of providing education or
13.34generating revenue for students who are being home-schooled. This paragraph does not
13.35apply to shared time aid under section
14.1 (f) The primary focus of a charter school must be to provide a comprehensive
14.2program of instruction for at least one grade or age group from five through 18 years
14.3of age. Instruction may be provided to people younger than five years and older than
14.418 years of age.
14.5 (g) A charter school may not charge tuition.
14.6 (h) A charter school is subject to and must comply with chapter 363A and section
14.8 (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
14.9Act, sections
14.11 (j) A charter school is subject to the same financial audits, audit procedures, and
14.12audit requirements as a district. Audits must be conducted in compliance with generally
14.13accepted governmental auditing standards, the federal Single Audit Act, if applicable,
14.14and section
14.17except to the extent deviations are necessary because of the program at the school.
14.18Deviations must be approved by the commissioner and authorizer. The Department of
14.19Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
14.20or compliance audits. A charter school determined to be in statutory operating debt under
14.21sections
14.22 (k) A charter school is a district for the purposes of tort liability under chapter 466.
14.23 (l) A charter school must comply with chapters 13 and 13D; and sections
14.24subdivision 7
14.25 (m) A charter school is subject to the Pledge of Allegiance requirement under
14.26section
14.27 (n) A charter school offering online courses or programs must comply with section
14.29 (o) A charter school and charter school board of directors are subject to chapter 181.
14.30 (p) A charter school must comply with section
14.31the transfer of students' educational records and sections
14.32the management of local records.
14.33 (q) A charter school that provides early childhood health and developmental
14.34screening must comply with sections
14.35(r) A charter school that provides school-sponsored youth athletic activities must
14.36comply with section 121A.38.
15.1(s) A charter school must comply with section 121A.031 governing policies on
15.2student bullying, cyberbullying, harassment, and intimidation.
15.3EFFECTIVE DATE.This section is effective July 1, 2014.
15.4 Sec. 11. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read:
15.5 Subdivision 1. Program goals. The department, in consultation with the state
15.6curriculum advisory committee, must develop guidelines and model plans for parental
15.7involvement programs that will:
15.8(1) engage the interests and talents of parents or guardians in recognizing and
15.9meeting the emotional, intellectual, and physical needs of their school-age children;
15.10(2) promote healthy self-concepts among parents or guardians and other family
15.11members;
15.12(3) offer parents or guardians a chance to share and learn about educational skills,
15.13techniques, and ideas;
15.14(4) provide creative learning experiences for parents or guardians and their
15.15school-age children, including involvement from parents or guardians of color;
15.16(5) encourage parents to actively participate in their district's curriculum advisory
15.17committee under section
15.18children's education programs;
15.19(6) encourage parents to help in promoting school desegregation/integration; and
15.20(7) partner with parents in establishing a positive school climate by developing and
15.21implementing prevention and intervention programs on student bullying, cyberbullying,
15.22harassment, and intimidation under section 121A.031.
15.23EFFECTIVE DATE.This section is effective the day following final enactment.
15.24 Sec. 12. Minnesota Statutes 2012, section 124D.8955, is amended to read:
15.25124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.
15.26 (a) In order to promote and support student achievement, a local school board is
15.27encouraged to formally adopt and implement a parent and family involvement policy that
15.28promotes and supports:
15.29 (1) communication between home and school that is regular, two-way, and
15.30meaningful;
15.31 (2) parenting skills;
15.32 (3) parents and caregivers who play an integral role in assisting student learning and
15.33learn about fostering students' academic success and learning at home and school;
16.1 (4) welcoming parents in the school and seeking their support and assistance;
16.2 (5) partnerships with parents in the decisions that affect children and families
16.3in the schools; and
16.4 (6) providing community resources to strengthen schools, families, and student
16.5learning, including establishing a positive school climate by developing and implementing
16.6prevention and intervention programs on student bullying, cyberbullying, harassment,
16.7and intimidation under section 121A.031.
16.8 (b) A school board that implements a parent and family involvement policy under
16.9paragraph (a) must convene an advisory committee composed of an equal number of
16.10resident parents who are not district employees and school staff to make recommendations
16.11to the board on developing and evaluating the board's parent and family involvement
16.12policy. If possible, the advisory committee must represent the diversity of the district. The
16.13advisory committee must consider the district's demographic diversity and barriers to
16.14parent involvement when developing its recommendations. The advisory committee must
16.15recommend to the school board and district or school how programs serving children and
16.16adolescents can collaborate on:
16.17(1) understanding normal child and adolescent development;
16.18(2) encouraging healthy communication between parents and children;
16.19(3) managing students' behavior through positive reinforcement;
16.20(4) establishing expectations for student behavior;
16.21(5) providing media and Internet guidance, limits, and supervision; and
16.22(6) promoting resilience and reducing risks for children.
16.23The advisory committee must present its recommendations to the board for board
16.24consideration.
16.25 (c) The board must consider best practices when implementing this policy.
16.26 (d) The board periodically must review this policy to determine whether it is aligned
16.27with the most current research findings on parent involvement policies and practices and
16.28how effective the policy is in supporting increased student achievement.
16.29 (e) Nothing in this section obligates a school district to exceed any parent or family
16.30involvement requirement under federal law.
16.31EFFECTIVE DATE.This section is effective the day following final enactment.
16.32 Sec. 13. Minnesota Statutes 2012, section 125B.15, is amended to read:
16.33125B.15 INTERNET ACCESS FOR STUDENTS.
17.1 (a) Recognizing the difference between school libraries, school computer labs, and
17.2school media centers, which serve unique educational purposes, and public libraries,
17.3which are designed for public inquiry, all computers at a school site with access to the
17.4Internet available for student use must be equipped to restrict, including by use of
17.5available software filtering technology or other effective methods, all student access
17.6to material that is reasonably believed to be obscene or child pornography or material
17.7harmful to minors under federal or state law.
17.8 (b) A school site is not required to purchase filtering technology if the school site
17.9would incur more than incidental expense in making the purchase.
17.10 (c) A school district receiving technology revenue under section
17.11prohibit, including through use of available software filtering technology or other effective
17.12methods, adult access to material that under federal or state law is reasonably believed to
17.13be obscene or child pornography.
17.14 (d) A school district, its agents or employees, are immune from liability for failure
17.15to comply with this section if they have made a good faith effort to comply with the
17.16requirements of this section.
17.17 (e) "School site" means an education site as defined in section
17.181
17.19 (f) All school sites having computers with Internet access must adopt and implement
17.20a policy to prohibit cyberbullying, consistent with section 121A.031.
17.21EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
17.22later.
17.23 Sec. 14. [127A.051] COUNCIL TO ADVANCE SAFE AND SUPPORTIVE
17.24SCHOOLS AND PREVENT STUDENT BULLYING.
17.25 Subdivision 1. Creation. A council to advance safe and supportive schools and
17.26prevent student bullying, designated as the Minnesota Safe and Supportive Schools
17.27Council, is hereby created.
17.28 Subd. 2. Membership. The council members are the commissioners of education,
17.29human rights, health, human services, and public safety, or their designees, and other
17.30state agency representatives that council members determine are needed to accomplish
17.31this section.
17.32 Subd. 3. Council activities. The council shall help develop a comprehensive,
17.33coordinated, data-driven process to advance healthy, safe, and supportive school
17.34communities; prevent and respond to student bullying, cyberbullying, harassment, and
17.35intimidation, consistent with section 121A.031; and improve and expand appropriate
18.1and effective staff training and student and community awareness sufficient to provide a
18.2learning environment in Minnesota schools where all students can succeed. Council
18.3activities shall include:
18.4(1) establishing multisystem norms and standards for prevention, intervention,
18.5and support;
18.6(2) promoting evidence-based and promising policy and best practices options;
18.7(3) supporting school and public mental health initiatives consistent with council
18.8activities; and
18.9(4) coordinating interagency actions, decisions, plans, monitoring, implementation
18.10efforts, acquisitions, and resources implicated in the council's activities.
18.11 Subd. 4. Council chair. The commissioner of education shall serve as council chair.
18.12 Subd. 5. Staff support. The council shall have the authority to request and require
18.13staff support from all agencies of state government as needed to execute the council's
18.14activities. The support shall be provided based upon an annual work plan developed by
18.15the council and submitted to the commissioner of education.
18.16EFFECTIVE DATE.This section is effective beginning July 1, 2013.
18.17 Sec. 15. [127A.052] SCHOOL CLIMATE CENTER.
18.18(a) The commissioner shall establish a school climate center at the department to
18.19help districts and schools under section 121A.031 provide a safe and supportive learning
18.20environment and foster academic achievement for all students by focusing on prevention,
18.21intervention, support, and recovery. The center must work collaboratively with implicated
18.22state agencies identified by the center and schools, communities, and interested individuals
18.23and organizations to determine how to best use available resources.
18.24(b) The center's services shall include:
18.25(1) evidence-based policy review, development, and dissemination;
18.26(2) single, point-of-contact services for schools, parents, and students seeking
18.27information or other help;
18.28(3) qualitative and quantitative data gathering, interpretation, and dissemination of
18.29summary data for existing reporting systems and student surveys and the identification
18.30and pursuit of emerging trends and issues;
18.31(4) assistance to districts and schools in using Minnesota student survey results to
18.32inform intervention and prevention programs;
18.33(5) education and skill building;
18.34(6) multisector and multiagency planning and advisory activities incorporating
18.35best practices and research; and
19.1(7) administrative and financial support for school site-based planning, school sites
19.2recovering from incidents of violence, and violence prevention education.
19.3(c) The center shall:
19.4(1) compile and make available to all districts and schools evidence-based elements
19.5and resources to develop and maintain safe and supportive schools;
19.6(2) establish and maintain a central repository for collecting and analyzing
19.7information about bullying, cyberbullying, harassment, and intimidation, including, but
19.8not limited to:
19.9(i) training materials on strategies and techniques to prevent and appropriately
19.10address prohibited conduct;
19.11(ii) model programming;
19.12(iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph
19.13(g); and
19.14(iv) other resources for improving the school climate and preventing bullying,
19.15cyberbullying, harassment, and intimidation;
19.16(3) assist districts and schools to develop strategies and techniques for effectively
19.17communicating with and engaging parents in efforts to protect students from bullying,
19.18cyberbullying, harassment, and intimidation by other students and adults; and
19.19(4) solicit input from social media experts on implementing this section.
19.20(d) The commissioner shall provide administrative services including personnel,
19.21budget, payroll and contract services, and staff support for center activities including
19.22developing and disseminating materials, providing seminars, and developing and
19.23maintaining a Web site. Center staff shall include a center director, a data analyst
19.24coordinator, and trainers who provide training to affected state and local organizations
19.25under a fee-for-service agreement. The financial, administrative, and staff support the
19.26commissioner provides under this section must be based on an annual budget and work
19.27program developed by the center and submitted to the commissioner by the center director.
19.28EFFECTIVE DATE.This section is effective beginning July 1, 2013.
19.29 Sec. 16. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read:
19.30 Subd. 2. Violations of law. The commissioner may reduce or withhold the district's
19.31state aid for any school year whenever the board of the district authorizes or permits
19.32violations of law within the district by:
19.33(1) employing a teacher who does not hold a valid teaching license or permit in a
19.34public school;
20.1(2) noncompliance with a mandatory rule of general application promulgated by the
20.2commissioner in accordance with statute, unless special circumstances make enforcement
20.3inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
20.4the district's best interests;
20.5(3) the district's continued performance of a contract made for the rental of rooms
20.6or buildings for school purposes or for the rental of any facility owned or operated by or
20.7under the direction of any private organization, if the contract has been disapproved, the
20.8time for review of the determination of disapproval has expired, and no proceeding for
20.9review is pending;
20.10(4) any practice which is a violation of sections 1 and 2 of article 13 of the
20.11Constitution of the state of Minnesota;
20.12(5) failure to reasonably provide for a resident pupil's school attendance under
20.13Minnesota Statutes;
20.14(6) noncompliance with state laws prohibiting discrimination because of race,
20.15color, creed, religion, national origin, sex, age, marital status, status with regard to
20.16public assistance
20.17subdivision 10
20.18and intimidation under section 121A.031; or
20.19(7) using funds contrary to the statutory purpose of the funds.
20.20The reduction or withholding must be made in the amount and upon the procedure
20.21provided in this section, or, in the case of the violation stated in clause (1), upon the
20.22procedure provided in section
20.23EFFECTIVE DATE.This section is effective July 1, 2014.
20.24 Sec. 17. APPROPRIATIONS.
20.25(a) $....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from
20.26the general fund to the commissioner of education for the school climate center under
20.27Minnesota Statutes, section 127A.052.
20.28(b) $....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from
20.29the general fund to the commissioner of education for grants to districts and schools to
20.30provide safe and supportive learning environments and foster academic achievement for
20.31all students under Minnesota Statutes, section 121A.0315.
20.32EFFECTIVE DATE.This section is effective July 1, 2013.
20.33 Sec. 18. REPEALER.
21.1Minnesota Statutes 2012, sections 121A.03; and 121A.0695, are repealed effective
21.2July 1, 2014.
