Bill Text: MN HF826 | 2013-2014 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Safe and supportive schools provided by prohibiting bullying.

Status: (Passed) 2014-05-02 - Author added Clark [HF826 Detail]

Download: Minnesota-2013-HF826-Engrossed.html

1.1A bill for an act
1.2relating to education; providing for safe and supportive schools; authorizing
1.3rulemaking;amending Minnesota Statutes 2012, sections 120B.36, subdivision
1.41; 121A.55; 121A.69, subdivision 3; 122A.60, subdivisions 1a, 3; 124D.10,
1.5subdivision 8; 124D.895, subdivision 1; 124D.8955; 125B.15; 127A.42,
1.6subdivision 2; proposing coding for new law in Minnesota Statutes, chapters
1.7121A; 127A; repealing Minnesota Statutes 2012, sections 121A.03; 121A.0695.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9    Section 1. TITLE.
1.10This act may be cited as the "Safe and Supportive Minnesota Schools Act."

1.11    Sec. 2. Minnesota Statutes 2012, section 120B.36, subdivision 1, is amended to read:
1.12    Subdivision 1. School performance report cards. (a) The commissioner
1.13shall report student academic performance under section 120B.35, subdivision 2; the
1.14percentages of students showing low, medium, and high growth under section 120B.35,
1.15subdivision 3
, paragraph (b); school safety and student engagement and connection
1.16under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section
1.17120B.35, subdivision 3 , paragraph (c); two separate student-to-teacher ratios that clearly
1.18indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for
1.19purposes of determining these ratios; staff characteristics excluding salaries; student
1.20enrollment demographics; district mobility; summary data on incidents of student
1.21bullying, cyberbullying, harassment, and intimidation and remedial responses to the
1.22incidents under section 121A.031, subdivision 4, clause (10); and extracurricular
1.23activities. The report also must indicate a school's adequate yearly progress status, and
1.24must 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 13.02,
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 or
3.13district; 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, if a contractor
3.22regularly interacts with students, at the time of employment 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, directly or
3.35indirectly between individuals or through technology, that a reasonable person knows or
3.36should know, under the circumstances, will have the effect of materially 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 materially interfering with or denying a student
4.29or other individual the ability to participate in or receive a benefit, service, or opportunity
4.30in a district or school program. Harassing conduct is unwelcome if the person does not
4.31request or 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 or otherwise communicating hurtful or
4.36demeaning material, or engaging in speech that will materially disrupt a student's learning
5.1environment. Prohibited conduct includes discriminatory conduct based on a person's
5.2actual or perceived race, ethnicity, color, creed, religion, national origin, immigration
5.3status, sex, marital status, familial status, socioeconomic status, physical appearance,
5.4sexual orientation, gender identity and expression, academic status, disability, or status
5.5with regard to public assistance, age, or any additional characteristic defined in chapter
5.6363A, as well as association with a person or group of persons with one or more of these
5.7actual or perceived characteristics; however, prohibited conduct need not be based on any
5.8particular characteristic defined in this paragraph or chapter 363A. Each district and
5.9school must list in their policy the characteristics 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 to
5.24receive reports of all formal complaints, ensure the policy and its procedures including
5.25restorative practices, consequences, and sanctions are fairly and fully implemented, and
5.26serve as the primary contact on policy and procedural matters implicating both the district
5.27or 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 make reasonable efforts to address and
5.32resolve the prohibited conduct to the extent it does not materially disrupt the education
5.33process;
5.34(3) where prohibited conduct appears to materially disrupt the education process,
5.35provide a procedure to promptly investigate a bullying, cyberbullying, harassment, or
5.36intimidation report within three school days of the report, and make the primary contact
6.1person responsible for the investigation and any resulting record and for keeping and
6.2regulating access to any record;
6.3(4) indicate how a school will respond to an identified incident of bullying,
6.4cyberbullying, harassment, or intimidation, including immediately intervening to protect
6.5the target of the prohibited conduct; at the school administrator's discretion and consistent
6.6with state and federal data practices law governing access to private data, notifying the
6.7parent of the reported target of the prohibited conduct, the parent of the actor engaged in
6.8the prohibited conduct, or law enforcement officials; providing other remedial responses
6.9to the prohibited conduct; and ensuring that remedial responses are tailored to the
6.10particular incident and nature of the conduct and the student's developmental age and
6.11behavioral history;
6.12(5) prohibit reprisals or retaliation against any person who reports bullying,
6.13cyberbullying, harassment, or intimidation and establish appropriate consequences for a
6.14person who engages in reprisal or retaliation;
6.15(6) allow anonymous reporting but do not rely solely on an anonymous report to
6.16determine discipline;
6.17(7) provide information about available community resources to the target, actor,
6.18and other affected individuals, as appropriate;
6.19(8) where appropriate for a child with a disability to prevent or respond to prohibited
6.20conduct, require the child's individualized education program or section 504 plan to
6.21address the skills and proficiencies the child needs to respond to or not engage in
6.22prohibited conduct;
6.23(9) use new employee training materials, the school publication on school rules,
6.24procedures, and standards of conduct, and the student handbook on school policies
6.25to publicize the policy;
6.26(10) require annual reporting, collection, and analysis of summary data on incidents
6.27of bullying, cyberbullying, harassment, and intimidation and on remedial responses both
6.28to individuals and throughout the school; and
6.29(11) require ongoing professional development, consistent with section 122A.60,
6.30to build the skills of all school personnel and volunteers, including, but not limited to,
6.31educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic
6.32coaches, extracurricular activities advisors, volunteers, and paraprofessionals to identify,
6.33prevent, and appropriately address bullying, cyberbullying, harassment, and intimidation.
6.34(b) Professional development under a local policy includes, but is not limited to,
6.35information about:
7.1(1) developmentally appropriate strategies both to prevent and to immediately and
7.2effectively intervene to stop bullying, cyberbullying, harassment, and intimidation;
7.3(2) the complex dynamics affecting an actor, target, and witnesses to bullying,
7.4cyberbullying, harassment, and intimidation;
7.5(3) research on bullying, cyberbullying, harassment, and intimidation, including
7.6specific categories of students at risk for bullying, cyberbullying, harassment, and
7.7intimidation in school;
7.8(4) the incidence and nature of cyberbullying; and
7.9(5) Internet safety and cyberbullying.
7.10    Subd. 5. Safe and supportive schools programming. (a) Districts and schools
7.11are encouraged to provide developmentally appropriate programmatic instruction to
7.12help students identify, prevent, and reduce bullying, cyberbullying, harassment, and
7.13intimidation; value diversity in school and society; develop and improve students'
7.14knowledge and skills for solving problems, managing conflict, engaging in civil discourse,
7.15and recognizing, responding to, and reporting prohibited conduct; and make effective
7.16prevention and intervention programs available to students, school personnel, and parents.
7.17Upon request, the school climate center under section 127A.052 must assist a district
7.18or school in helping students understand social media and cyberbullying. Districts
7.19and schools must establish strategies for creating a positive school climate and use
7.20evidence-based social-emotional learning to prevent and reduce discrimination and other
7.21prohibited conduct.
7.22(b) Districts and schools are encouraged to:
7.23(1) engage all students in creating a safe and supportive school environment;
7.24(2) partner with parents and other community members to develop and implement
7.25prevention and intervention programs;
7.26(3) engage all students and adults in integrating education, intervention, and other
7.27remedial responses into the school environment;
7.28(4) train student bystanders to intervene in and report incidents of prohibited conduct
7.29to the school's primary contact person;
7.30(5) teach students to advocate for themselves and others;
7.31(6) prevent inappropriate referrals to special education of students who may engage
7.32in prohibited conduct; and
7.33(7) foster student collaborations that support a healthy and safe school climate.
7.34    Subd. 6. State model policy. (a) The commissioner, in consultation with the
7.35commissioner of human rights, shall develop and maintain a state model policy. A district
7.36or school that does not adopt and implement a local policy under subdivisions 2 to 5
8.1must implement and may supplement the provisions of the state model policy. The
8.2commissioner must assist districts and schools under this subdivision to implement the
8.3state policy. The state model policy must:
8.4(1) define bullying, cyberbullying, harassment, and intimidation, consistent with
8.5this section;
8.6(2) apply the bullying, cyberbullying, harassment, and intimidation policy
8.7components in this section;
8.8(3) for a child with a disability, whenever an evaluation by an individualized
8.9education program team or a section 504 team indicates that the child's disability affects
8.10the child's social skills development or the child is vulnerable to bullying, cyberbullying,
8.11harassment, or intimidation because of the child's disability, the child's individualized
8.12education program or section 504 plan must address the skills and proficiencies the child
8.13needs to avoid and respond to such conduct; and
8.14(4) encourage violence prevention and character development education programs
8.15under section 120B.232, subdivision 1.
8.16(b) The commissioner shall adopt rules to implement this section.
8.17(c) The commissioner shall develop and post departmental procedures for:
8.18(1) periodically reviewing district and school programs and policies for compliance
8.19with this section;
8.20(2) investigating, reporting, and responding to noncompliance with this section,
8.21which may include an annual review of plans to improve and provide a safe and supportive
8.22school climate;
8.23(3) allowing students, parents, and educators to file a complaint about noncompliance
8.24with the commissioner; and
8.25(4) annually publishing statewide summary data on incidents of bullying,
8.26cyberbullying, harassment, and intimidation, consistent with section 120B.36, subdivision
8.271.
8.28    (d) Department records under this subdivision are private data on individuals. An
8.29individual subject of the data shall have access to the data except that the name of a
8.30reporter is confidential.
8.31    (e) The commissioner must post on the department's Web site information indicating
8.32that when districts and schools allow noncurriculum-related student groups access to
8.33school facilities, the district or school must give all student groups equal access to the
8.34school facilities regardless of the content of the group members' speech.
8.35    Subd. 7. Relation to existing law. This section does not:
8.36(1) establish any private right of action;
9.1(2) limit rights currently available to an individual under other civil or criminal law,
9.2including, but not limited to, chapter 363A; or
9.3(3) interfere with a person's rights of free speech and expression under the First
9.4Amendment of the Unites States Constitution.
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. Minnesota Statutes 2012, section 121A.55, is amended to read:
9.8121A.55 POLICIES TO BE ESTABLISHED.
9.9(a) The commissioner of education shall promulgate guidelines to assist each school
9.10board. Each school board shall to establish uniform criteria for dismissal and adopt
9.11written policies and rules to effectuate the purposes of sections 121A.031 and 121A.40 to
9.12121A.56 . The policies shall emphasize preventing dismissals through early detection of
9.13problems and shall be designed to address prevent students' inappropriate behavior from
9.14recurring. The policies shall recognize the continuing responsibility of the school for the
9.15education of to educate the pupil during the dismissal period. The alternative educational
9.16services, if the pupil wishes to take advantage of them, must be adequate to allow the
9.17pupil to make progress towards meeting the graduation standards adopted under section
9.18120B.02 and help prepare the pupil for readmission.
9.19(b) An area learning center under section 123A.05 may not prohibit an expelled or
9.20excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
9.21board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
9.22exclude a pupil or to require an admission plan.
9.23(c) Each school district shall develop a policy and report it to the commissioner on
9.24the appropriate use of peace officers and crisis teams to remove students who have an
9.25individualized education program from school grounds.
9.26EFFECTIVE DATE.This section is effective July 1, 2014.

9.27    Sec. 5. Minnesota Statutes 2012, section 121A.69, subdivision 3, is amended to read:
9.28    Subd. 3. School board policy. Each school board shall adopt a written policy
9.29governing student or staff hazing. The policy must apply to student behavior that occurs
9.30on or off school property and during and after school hours and be consistent with section
9.31121A.031. The policy must include reporting procedures and disciplinary consequences
9.32for violating the policy. Disciplinary consequences must be sufficiently severe to deter
9.33violations and appropriately discipline prohibited behavior. Disciplinary consequences
10.1must conform with sections 121A.031 and 121A.41 to 121A.56. Each school must include
10.2the policy in the student handbook on school policies.
10.3EFFECTIVE DATE.This section is effective July 1, 2014.

10.4    Sec. 6. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:
10.5    Subd. 1a. Effective staff development activities. (a) Staff development activities
10.6must:
10.7(1) focus on the school classroom and research-based strategies that improve student
10.8learning;
10.9(2) provide opportunities for teachers to practice and improve their instructional
10.10skills over time;
10.11(3) provide opportunities for teachers to use student data as part of their daily work
10.12to increase student achievement;
10.13(4) enhance teacher content knowledge and instructional skills, including to
10.14accommodate the delivery of digital and blended learning and curriculum and engage
10.15students with technology;
10.16(5) align with state and local academic standards;
10.17(6) provide opportunities to build professional relationships, foster collaboration
10.18among principals and staff who provide instruction, and provide opportunities for
10.19teacher-to-teacher mentoring; and
10.20(7) align with the plan of the district or site for an alternative teacher professional
10.21pay system.
10.22Staff development activities may include curriculum development and curriculum training
10.23programs, and activities that provide teachers and other members of site-based teams
10.24training to enhance team performance. The school district also may implement other
10.25staff development activities required by law and activities associated with professional
10.26teacher compensation models.
10.27(b) Release time provided for teachers to supervise students on field trips and school
10.28activities, or independent tasks not associated with enhancing the teacher's knowledge
10.29and instructional skills, such as preparing report cards, calculating grades, or organizing
10.30classroom materials, may not be counted as staff development time that is financed with
10.31staff development reserved revenue under section 122A.61.
10.32(c) Staff development activities also may include training for school counselors,
10.33social workers, psychologists, and other mental health professionals to support students,
10.34teachers, and school administrators in implementing restorative and reparative best
11.1practices to prevent and appropriately address student bullying, cyberbullying, harassment,
11.2and intimidation, consistent with section 121A.031, subdivision 4, paragraph (b).
11.3EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
11.4later.

11.5    Sec. 7. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:
11.6    Subd. 3. Staff development outcomes. The advisory staff development committee
11.7must adopt a staff development plan for improving student achievement. The plan must
11.8be consistent with education outcomes that the school board determines. The plan
11.9must include ongoing staff development activities that contribute toward continuous
11.10improvement in achievement of the following goals:
11.11(1) improve student achievement of state and local education standards in all areas
11.12of the curriculum by using best practices methods;
11.13(2) effectively meet the needs of a diverse student population, including at-risk
11.14children, children with disabilities, and gifted children, within the regular classroom
11.15and other settings;
11.16(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
11.17student population that is consistent with the state education diversity rule and the district's
11.18education diversity plan;
11.19(4) improve staff collaboration and develop mentoring and peer coaching programs
11.20for teachers new to the school or district;
11.21(5) effectively teach and model violence prevention policy and curriculum that
11.22address early intervention alternatives, issues of harassment, annually train all school
11.23staff and school volunteers who regularly interact with students in best practices to
11.24create and maintain a safe and supportive learning environment, consistent with section
11.25121A.031, and teach nonviolent alternatives for conflict resolution, including restorative
11.26and reparative processes;
11.27(6) effectively deliver digital and blended learning and curriculum and engage
11.28students with technology; and
11.29(7) provide teachers and other members of site-based management teams with
11.30appropriate management and financial management skills.
11.31EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
11.32later.

11.33    Sec. 8. Minnesota Statutes 2012, section 124D.10, subdivision 8, is amended to read:
12.1    Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
12.2federal, state, and local health and safety requirements applicable to school districts.
12.3    (b) A school must comply with statewide accountability requirements governing
12.4standards and assessments in chapter 120B.
12.5    (c) A school authorized by a school board may be located in any district, unless the
12.6school board of the district of the proposed location disapproves by written resolution.
12.7    (d) A charter school must be nonsectarian in its programs, admission policies,
12.8employment practices, and all other operations. An authorizer may not authorize a charter
12.9school or program that is affiliated with a nonpublic sectarian school or a religious
12.10institution. A charter school student must be released for religious instruction, consistent
12.11with section 120A.22, subdivision 12, clause (3).
12.12    (e) Charter schools must not be used as a method of providing education or
12.13generating revenue for students who are being home-schooled. This paragraph does not
12.14apply to shared time aid under section 126C.19.
12.15    (f) The primary focus of a charter school must be to provide a comprehensive
12.16program of instruction for at least one grade or age group from five through 18 years
12.17of age. Instruction may be provided to people younger than five years and older than
12.1818 years of age.
12.19    (g) A charter school may not charge tuition.
12.20    (h) A charter school is subject to and must comply with chapter 363A and section
12.21121A.04 .
12.22    (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
12.23Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
12.24123B.34 to 123B.39.
12.25    (j) A charter school is subject to the same financial audits, audit procedures, and
12.26audit requirements as a district. Audits must be conducted in compliance with generally
12.27accepted governmental auditing standards, the federal Single Audit Act, if applicable,
12.28and section 6.65. A charter school is subject to and must comply with sections 15.054;
12.29118A.01 ; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and
12.30471.425 . The audit must comply with the requirements of sections 123B.75 to 123B.83,
12.31except to the extent deviations are necessary because of the program at the school.
12.32Deviations must be approved by the commissioner and authorizer. The Department of
12.33Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
12.34or compliance audits. A charter school determined to be in statutory operating debt under
12.35sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.
12.36    (k) A charter school is a district for the purposes of tort liability under chapter 466.
13.1    (l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
13.2subdivision 7
; 121A.75; and 260B.171, subdivisions 3 and 5.
13.3    (m) A charter school is subject to the Pledge of Allegiance requirement under
13.4section 121A.11, subdivision 3.
13.5    (n) A charter school offering online courses or programs must comply with section
13.6124D.095 .
13.7    (o) A charter school and charter school board of directors are subject to chapter 181.
13.8    (p) A charter school must comply with section 120A.22, subdivision 7, governing
13.9the transfer of students' educational records and sections 138.163 and 138.17 governing
13.10the management of local records.
13.11    (q) A charter school that provides early childhood health and developmental
13.12screening must comply with sections 121A.16 to 121A.19.
13.13(r) A charter school that provides school-sponsored youth athletic activities must
13.14comply with section 121A.38.
13.15(s) A charter school must comply with section 121A.031 governing policies on
13.16student bullying, cyberbullying, harassment, and intimidation.
13.17EFFECTIVE DATE.This section is effective July 1, 2014.

13.18    Sec. 9. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read:
13.19    Subdivision 1. Program goals. The department, in consultation with the state
13.20curriculum advisory committee, must develop guidelines and model plans for parental
13.21involvement programs that will:
13.22(1) engage the interests and talents of parents or guardians in recognizing and
13.23meeting the emotional, intellectual, and physical needs of their school-age children;
13.24(2) promote healthy self-concepts among parents or guardians and other family
13.25members;
13.26(3) offer parents or guardians a chance to share and learn about educational skills,
13.27techniques, and ideas;
13.28(4) provide creative learning experiences for parents or guardians and their
13.29school-age children, including involvement from parents or guardians of color;
13.30(5) encourage parents to actively participate in their district's curriculum advisory
13.31committee under section 120B.11 in order to assist the school board in improving
13.32children's education programs; and
13.33(6) encourage parents to help in promoting school desegregation/integration; and
14.1(7) partner with parents in establishing a positive school climate by developing and
14.2implementing prevention and intervention programs on student bullying, cyberbullying,
14.3harassment, and intimidation under section 121A.031.
14.4EFFECTIVE DATE.This section is effective the day following final enactment.

14.5    Sec. 10. Minnesota Statutes 2012, section 124D.8955, is amended to read:
14.6124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.
14.7    (a) In order to promote and support student achievement, a local school board is
14.8encouraged to formally adopt and implement a parent and family involvement policy that
14.9promotes and supports:
14.10    (1) communication between home and school that is regular, two-way, and
14.11meaningful;
14.12    (2) parenting skills;
14.13    (3) parents and caregivers who play an integral role in assisting student learning and
14.14learn about fostering students' academic success and learning at home and school;
14.15    (4) welcoming parents in the school and seeking their support and assistance;
14.16    (5) partnerships with parents in the decisions that affect children and families
14.17in the schools; and
14.18    (6) providing community resources to strengthen schools, families, and student
14.19learning, including establishing a positive school climate by developing and implementing
14.20prevention and intervention programs on student bullying, cyberbullying, harassment,
14.21and intimidation under section 121A.031.
14.22    (b) A school board that implements a parent and family involvement policy under
14.23paragraph (a) must convene an advisory committee composed of an equal number of
14.24resident parents who are not district employees and school staff to make recommendations
14.25to the board on developing and evaluating the board's parent and family involvement
14.26policy. If possible, the advisory committee must represent the diversity of the district. The
14.27advisory committee must consider the district's demographic diversity and barriers to
14.28parent involvement when developing its recommendations. The advisory committee must
14.29recommend to the school board and district or school how programs serving children and
14.30adolescents can collaborate on:
14.31(1) understanding normal child and adolescent development;
14.32(2) encouraging healthy communication between parents and children;
14.33(3) managing students' behavior through positive reinforcement;
14.34(4) establishing expectations for student behavior;
15.1(5) providing media and Internet guidance, limits, and supervision; and
15.2(6) promoting resilience and reducing risks for children.
15.3The advisory committee must present its recommendations to the board for board
15.4consideration.
15.5    (c) The board must consider best practices when implementing this policy.
15.6    (d) The board periodically must review this policy to determine whether it is aligned
15.7with the most current research findings on parent involvement policies and practices and
15.8how effective the policy is in supporting increased student achievement.
15.9    (e) Nothing in this section obligates a school district to exceed any parent or family
15.10involvement requirement under federal law.
15.11EFFECTIVE DATE.This section is effective the day following final enactment.

15.12    Sec. 11. Minnesota Statutes 2012, section 125B.15, is amended to read:
15.13125B.15 INTERNET ACCESS FOR STUDENTS.
15.14    (a) Recognizing the difference between school libraries, school computer labs, and
15.15school media centers, which serve unique educational purposes, and public libraries,
15.16which are designed for public inquiry, all computers at a school site with access to the
15.17Internet available for student use must be equipped to restrict, including by use of
15.18available software filtering technology or other effective methods, all student access
15.19to material that is reasonably believed to be obscene or child pornography or material
15.20harmful to minors under federal or state law.
15.21    (b) A school site is not required to purchase filtering technology if the school site
15.22would incur more than incidental expense in making the purchase.
15.23    (c) A school district receiving technology revenue under section 125B.26 must
15.24prohibit, including through use of available software filtering technology or other effective
15.25methods, adult access to material that under federal or state law is reasonably believed to
15.26be obscene or child pornography.
15.27    (d) A school district, its agents or employees, are immune from liability for failure
15.28to comply with this section if they have made a good faith effort to comply with the
15.29requirements of this section.
15.30    (e) "School site" means an education site as defined in section 123B.04, subdivision
15.311
, or charter school under section 124D.10.
15.32    (f) All school sites having computers with Internet access must adopt and implement
15.33a policy to prohibit cyberbullying, consistent with section 121A.031.
16.1EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
16.2later.

16.3    Sec. 12. [127A.051] SCHOOL CLIMATE COUNCIL.
16.4    Subdivision 1. Establishment and membership. (a) A multiagency leadership
16.5council is established to improve school climate and school safety so that all Minnesota
16.6students in prekindergarten through grade 12 schools and higher education institutions
16.7are provided with safe and welcoming learning environments in order to maximize each
16.8student's learning potential.
16.9(b) The council shall consist of:
16.10(1) the commissioners or their designees from the Departments of Education,
16.11Health, Human Rights, Human Services, Public Safety, and Corrections, and the Office of
16.12Higher Education;
16.13(2) one representative each from the Board of Teaching, Board of School
16.14Administrators, Minnesota School Boards Association, Elementary School Principals
16.15Association, Association of Secondary School Principals, and Education Minnesota as
16.16selected by each organization;
16.17(3) two representatives each of student support personnel, parents, and students as
16.18selected by the commissioner of education;
16.19(4) two representatives of local law enforcement as selected by the commissioner of
16.20public safety; and
16.21(5) two representatives of the judicial branch as selected by the chief justice of
16.22the Supreme Court.
16.23    Subd. 2. Duties. The council must provide leadership for the following activities:
16.24(1) establishment of norms and standards for prevention, intervention, and support
16.25around issues of bullying, harassment, and intimidation;
16.26(2) advancement of evidence-based policy and best practices to improve school
16.27climate and promote school safety; and
16.28(3) development and dissemination of resources and training for schools and
16.29communities about issues of bullying, harassment, and intimidation and other school
16.30safety-related issues.

16.31    Sec. 13. [127A.052] SCHOOL CLIMATE CENTER.
16.32(a) The commissioner shall establish a school climate center at the department to
16.33help districts and schools under section 121A.031 provide a safe and supportive learning
16.34environment and foster academic achievement for all students by focusing on prevention,
17.1intervention, support, and recovery. The center must work collaboratively with implicated
17.2state agencies identified by the center and schools, communities, and interested individuals
17.3and organizations to determine how to best use available resources.
17.4(b) The center's services shall include:
17.5(1) evidence-based policy review, development, and dissemination;
17.6(2) single, point-of-contact services for schools, parents, and students seeking
17.7information or other help;
17.8(3) qualitative and quantitative data gathering, interpretation, and dissemination of
17.9summary data for existing reporting systems and student surveys and the identification
17.10and pursuit of emerging trends and issues;
17.11(4) assistance to districts and schools in using Minnesota student survey results to
17.12inform intervention and prevention programs;
17.13(5) education and skill building;
17.14(6) multisector and multiagency planning and advisory activities incorporating
17.15best practices and research; and
17.16(7) administrative and financial support for school site-based planning, school sites
17.17recovering from incidents of violence, and violence prevention education.
17.18(c) The center shall:
17.19(1) compile and make available to all districts and schools evidence-based elements
17.20and resources to develop and maintain safe and supportive schools;
17.21(2) establish and maintain a central repository for collecting and analyzing
17.22information about bullying, cyberbullying, harassment, and intimidation, including, but
17.23not limited to:
17.24(i) training materials on strategies and techniques to prevent and appropriately
17.25address prohibited conduct;
17.26(ii) model programming;
17.27(iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph
17.28(g); and
17.29(iv) other resources for improving the school climate and preventing bullying,
17.30cyberbullying, harassment, and intimidation;
17.31(3) assist districts and schools to develop strategies and techniques for effectively
17.32communicating with and engaging parents in efforts to protect students from bullying,
17.33cyberbullying, harassment, and intimidation by other students and adults; and
17.34(4) solicit input from social media experts on implementing this section.
17.35(d) The commissioner shall provide administrative services including personnel,
17.36budget, payroll and contract services, and staff support for center activities including
18.1developing and disseminating materials, providing seminars, and developing and
18.2maintaining a Web site. Center staff shall include a center director, a data analyst
18.3coordinator, and trainers who provide training to affected state and local organizations
18.4under a fee-for-service agreement. The financial, administrative, and staff support the
18.5commissioner provides under this section must be based on an annual budget and work
18.6program developed by the center and submitted to the commissioner by the center director.
18.7EFFECTIVE DATE.This section is effective beginning July 1, 2013.

18.8    Sec. 14. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read:
18.9    Subd. 2. Violations of law. The commissioner may reduce or withhold the district's
18.10state aid for any school year whenever the board of the district authorizes or permits
18.11violations of law within the district by:
18.12(1) employing a teacher who does not hold a valid teaching license or permit in a
18.13public school;
18.14(2) noncompliance with a mandatory rule of general application promulgated by the
18.15commissioner in accordance with statute, unless special circumstances make enforcement
18.16inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
18.17the district's best interests;
18.18(3) the district's continued performance of a contract made for the rental of rooms
18.19or buildings for school purposes or for the rental of any facility owned or operated by or
18.20under the direction of any private organization, if the contract has been disapproved, the
18.21time for review of the determination of disapproval has expired, and no proceeding for
18.22review is pending;
18.23(4) any practice which is a violation of sections 1 and 2 of article 13 of the
18.24Constitution of the state of Minnesota;
18.25(5) failure to reasonably provide for a resident pupil's school attendance under
18.26Minnesota Statutes;
18.27(6) noncompliance with state laws prohibiting discrimination because of race,
18.28color, creed, religion, national origin, sex, age, marital status, status with regard to
18.29public assistance or, disability, as defined in sections 363A.08 to 363A.19 and 363A.28,
18.30subdivision 10
, or with state law prohibiting student bullying, cyberbullying, harassment,
18.31and intimidation under section 121A.031; or
18.32(7) using funds contrary to the statutory purpose of the funds.
19.1The reduction or withholding must be made in the amount and upon the procedure
19.2provided in this section, or, in the case of the violation stated in clause (1), upon the
19.3procedure provided in section 127A.43.
19.4EFFECTIVE DATE.This section is effective July 1, 2014.

19.5    Sec. 15. REPEALER.
19.6Minnesota Statutes 2012, sections 121A.03; and 121A.0695, are repealed effective
19.7July 1, 2014.
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