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.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2014-05-02 - Author added Clark [HF826 Detail]
Download: Minnesota-2013-HF826-Engrossed.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-Engrossed.html
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 section120B.35, subdivision 2 ; the
1.14percentages of students showing low, medium, and high growth under section120B.35,
1.15subdivision 3 , paragraph (b); school safety and student engagement and connection
1.16under section120B.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 sections122A.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 prohibited
1.21conduct and remedial responses to the incidents under section 121A.031, subdivision 4,
1.22paragraph (a), clause (10); and extracurricular activities. The report also must indicate
1.23a school's adequate yearly progress status, and must not set any designations applicable
1.24to high- and low-performing schools due solely to adequate yearly progress status. The
2.1commissioner must use the summary data on prohibited conduct reported under section
2.2121A.031, subdivision 4, paragraph (a), clause (10), to inform the work of the school
2.3climate center under section 127A.052 and to assist districts and schools in improving
2.4the educational outcomes of all students and specific categories of students affected by
2.5such 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 2014-2015 school year and
2.20later.
2.21 Sec. 3. [121A.031] SCHOOL STUDENT BULLYING POLICY.
2.22 Subdivision 1. Student bullying policy; scope and application. (a) This section
2.23applies to bullying by a student against another student attending the same school which
2.24occurs:
2.25(1) on the school premises, at the school function or activity, or on the school
2.26transportation;
2.27(2) by use of electronic technology and communications on the school premises,
2.28during the school function or activity, on the school transportation, or on the school
2.29computers, networks, forums, and mailing lists; or
2.30(3) by use of electronic technology and communications to the extent such use is
2.31reasonably foreseeable to substantially and materially disrupt student learning or the
2.32school environment.
2.33(b) "District" under this section means a district as defined in section 120A.05,
2.34subdivision 8. "School" under this section means a public school as defined in section
2.35120A.05, subdivisions 9, 11, 13, and 17, and a charter school as defined in section
3.1124D.10. "Student" under this section means a person enrolled in and attending a school
3.2as defined under this paragraph.
3.3(c) A nonpublic school under section 123B.41, subdivision 9, consistent with its
3.4school accreditation cycle, is encouraged to electronically transmit to the commissioner its
3.5antibullying policy and summary data on its bullying incidents.
3.6(d) This section does not apply to a home school under sections 120A.22,
3.7subdivision 4, and 120A.24.
3.8 Subd. 2. Local district and school policy. (a) Districts and schools, in consultation
3.9with students, parents, and community organizations, shall adopt, implement, and annually
3.10review, and revise where appropriate, a written policy to prevent and prohibit student
3.11bullying, cyberbullying, harassment, and intimidation, consistent with this section. The
3.12policy must conform with sections 121A.41 to 121A.56. A district or school must adopt
3.13and implement a local policy under subdivisions 2 to 5 or comply with the provisions of
3.14the state model policy in subdivision 6.
3.15(b) Each local district and school policy must establish research-based,
3.16developmentally appropriate best practices that include preventive and remedial measures
3.17and effective discipline for deterring policy violations; apply throughout the school or
3.18district; and foster active student, parent, and community participation. A district or
3.19school may request assistance from the school climate center under section 127A.052 in
3.20complying with local policy requirements. The policy shall:
3.21(1) apply to all students, school personnel, and volunteers;
3.22(2) specifically list the characteristics contained in subdivision 3, paragraph (d);
3.23(3) emphasize remedial responses over punitive measures;
3.24(4) be conspicuously posted throughout the school building;
3.25(5) be given to each school employee and independent contractor, if a contractor
3.26regularly interacts with students, at the time of employment with the district or school;
3.27(6) be included in the student handbook on school policies; and
3.28(7) be available to all parents and other school community members in accessible
3.29languages and format on the district or school Web site.
3.30 (c) Each district and school under this subdivision must discuss its policy with
3.31students, school personnel, and volunteers and provide training for all school personnel
3.32and volunteers to prevent, identify, and appropriately respond to prohibited conduct.
3.33 (d) Each district and school under this subdivision must submit an electronic copy of
3.34its prohibited conduct policy to the commissioner.
3.35 Subd. 3. Definitions. (a) The terms defined in this subdivision have the meanings
3.36given them for purposes of this section.
4.1(b) "Bullying" means intimidating, threatening, abusive, or harassing conduct that is
4.2objectively offensive and:
4.3(1) causes physical harm to a student or a student's property or causes a student to be
4.4in reasonable fear of harm to person or property;
4.5(2) materially and substantially interferes with a student's educational opportunities
4.6or performance or ability to participate in the school function or activity or receive the
4.7school benefit, service, or privilege;
4.8(3) under Minnesota common law, violates a student's reasonable expectation
4.9of privacy, defames a student, or constitutes intentional infliction of emotional distress
4.10against a student; or
4.11(4) materially and substantially disrupts the work and discipline of the school.
4.12(c) "Cyberbullying" means bullying using technology or other electronic
4.13communication, including, but not limited to, a transfer of a sign, signal, writing, image,
4.14sound, or data, including a post on a social network Internet Web site or forum, to transmit
4.15through a computer, cell phone, or other electronic device speech that contains obscene
4.16words or images, advocates illegal conduct, or otherwise materially and substantially
4.17disrupts a student's learning environment.
4.18(d) Intimidating, threatening, abusive, or harassing conduct may involve, but is not
4.19limited to, conduct that is directed at a student or students based on a person's actual or
4.20perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex,
4.21age, marital status, familial status, socioeconomic status, physical appearance, sexual
4.22orientation, gender identity and expression, academic status, disability, or status with
4.23regard to public assistance, age, or any additional characteristic defined in chapter 363A.
4.24(e) "Prohibited conduct" means bullying or cyberbullying as defined under this
4.25subdivision or retaliation for asserting, alleging, reporting, or providing information about
4.26such conduct.
4.27(f) "Remedial response" means a measure to stop and correct prohibited conduct,
4.28prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of
4.29the student who is the target of the prohibited conduct. Districts and schools may seek the
4.30assistance of the school climate center under section 127A.052 to develop and implement
4.31remedial responses on behalf of a student who is the target of prohibited conduct, to
4.32stop and correct a student engaging in prohibited conduct, and for use with students and
4.33adults in the school community. Districts and schools need not report the use of remedial
4.34responses when their use is unrelated to any particular incident of prohibited conduct.
4.35 Subd. 4. Local policy components. (a) Each district and school policy implemented
4.36under this section must, at a minimum:
5.1(1) designate a staff member as the primary contact person in the school building
5.2to receive reports of prohibited conduct under clause (3), ensure the policy and its
5.3procedures including restorative practices, consequences, and sanctions are fairly and
5.4fully implemented, and serve as the primary contact on policy and procedural matters
5.5implicating both the district or school and the department;
5.6(2) require school employees and trained volunteers who witness prohibited conduct
5.7or possess reliable information that would lead a reasonable person to suspect that a
5.8student is a target of prohibited conduct to make reasonable efforts to address and resolve
5.9the prohibited conduct;
5.10(3) provide a procedure to promptly investigate reports of prohibited conduct within
5.11three school days of the report, and make the primary contact person responsible for the
5.12investigation and any resulting record and for keeping and regulating access to any record;
5.13(4) indicate how a school will respond to an identified incident of prohibited
5.14conduct, including immediately intervening to protect the target of the prohibited conduct;
5.15consistent with state and federal data practices law governing access to private data, and,
5.16at the school administrator's discretion, notifying law enforcement officials; immediately
5.17notifying law enforcement officials if the person investigating a report of prohibited
5.18conduct against a student by a teacher, other district or school employee, or school
5.19volunteer reasonably believes that the prohibited conduct against the student is a crime;
5.20providing other remedial responses to the prohibited conduct; and ensuring that remedial
5.21responses are tailored to the particular incident and nature of the conduct and the student's
5.22developmental age and behavioral history;
5.23(5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports
5.24prohibited conduct or provides information about such conduct and establish appropriate
5.25consequences for a person who engages in reprisal or retaliation;
5.26(6) allow anonymous reporting but do not rely solely on an anonymous report to
5.27determine discipline;
5.28(7) provide information about available community resources to the target, actor,
5.29and other affected individuals, as appropriate;
5.30(8) where appropriate for a child with a disability to prevent or respond to prohibited
5.31conduct, require the child's individualized education program or section 504 plan to
5.32address the skills and proficiencies the child needs to avoid, respond to, or not engage in
5.33prohibited conduct;
5.34(9) use new employee training materials, the school publication on school rules,
5.35procedures, and standards of conduct, and the student handbook on school policies
5.36to publicize the policy;
6.1(10) require annual reporting, collection, and analysis of summary data on incidents
6.2of prohibited conduct and on remedial responses both to students and throughout the school;
6.3(11) require ongoing professional development, consistent with section 122A.60,
6.4to build the skills of all school personnel and volunteers, including, but not limited to,
6.5educators, administrators, school nurses, cafeteria workers, custodians, bus drivers,
6.6athletic coaches, extracurricular activities advisors, volunteers, and paraprofessionals to
6.7identify, prevent, and appropriately address prohibited conduct; and
6.8(12) implement the following standards related to data on incidents of prohibited
6.9conduct:
6.10(i) a presumption that a district or school official will notify the parent of any student
6.11affected by alleged prohibited conduct of facts related to the incident and any disciplinary
6.12or remedial action taken by the school or district, unless notification to the parent is
6.13otherwise prohibited by law or the official, in consultation with the district's responsible
6.14authority, determines that notifying the parent is not in the best interest of the student, as
6.15consistent with section 13.02, subdivision 8;
6.16(ii) establishment of written procedures for affected students and parents of affected
6.17students to access all data maintained by the school or district related to the incident,
6.18including authorization for a student or parent to contest the accuracy or completeness
6.19of the data, consistent with section 13.04, subdivision 4;
6.20(iii) establishment of a schedule for retention and destruction of data related to
6.21incidents of prohibited conduct, including expedited destruction of data related to
6.22allegations of prohibited conduct determined to be without factual basis;
6.23(iv) establishment of security procedures to ensure that, except for summary
6.24data, data on incidents of prohibited conduct are not shared with or disseminated to
6.25any individual or entity not expressly authorized by law to access the data, unless an
6.26affected student or that student's parent consents to sharing or dissemination of data on
6.27that student's involvement in the incident for the specific purpose for which the data will
6.28be shared or disseminated; and
6.29(v) establishment of procedures to ensure that data designated as "summary data"
6.30comply with section 13.02, subdivision 19, requiring that the data do not identify an
6.31individual or contain characteristics that could be used to ascertain an individual's identity.
6.32(b) Professional development under a local policy includes, but is not limited to,
6.33information about:
6.34(1) developmentally appropriate strategies both to prevent and to immediately and
6.35effectively intervene to stop prohibited conduct;
7.1(2) the complex dynamics affecting an actor, target, and witnesses to prohibited
7.2conduct;
7.3(3) research on prohibited conduct, including specific categories of students at risk
7.4for prohibited conduct in school;
7.5(4) the incidence and nature of cyberbullying; and
7.6(5) Internet safety and cyberbullying.
7.7 Subd. 5. Safe and supportive schools programming. (a) Districts and schools
7.8are encouraged to provide developmentally appropriate programmatic instruction
7.9to help students identify, prevent, and reduce prohibited conduct; value diversity in
7.10school and society; develop and improve students' knowledge and skills for solving
7.11problems, managing conflict, engaging in civil discourse, and recognizing, responding
7.12to, and reporting prohibited conduct; and make effective prevention and intervention
7.13programs available to students. Upon request, the school climate center under section
7.14127A.052 must assist a district or school in helping students understand social media
7.15and cyberbullying. Districts and schools must establish strategies for creating a positive
7.16school climate and use evidence-based social-emotional learning to prevent and reduce
7.17discrimination and other improper 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 foster a safe and supportive 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:
7.36(1) define prohibited conduct, consistent with this section;
8.1(2) apply the prohibited conduct policy components in this section;
8.2(3) for a child with a disability, whenever an evaluation by an individualized
8.3education program team or a section 504 team indicates that the child's disability affects
8.4the child's social skills development or the child is vulnerable to bullying, cyberbullying,
8.5harassment, or intimidation because of the child's disability, the child's individualized
8.6education program or section 504 plan must address the skills and proficiencies the child
8.7needs to avoid, respond to, or not engage in such conduct; and
8.8(4) encourage violence prevention and character development education programs
8.9under section 120B.232, subdivision 1.
8.10(b) The commissioner shall develop and post departmental procedures for:
8.11(1) periodically reviewing district and school programs and policies for compliance
8.12with this section;
8.13(2) investigating, reporting, and responding to noncompliance with this section,
8.14which may include an annual review of plans to improve and provide a safe and supportive
8.15school climate;
8.16(3) allowing students, parents, and educators to file a complaint about noncompliance
8.17with the commissioner; and
8.18(4) annually publishing statewide summary data on incidents of prohibited conduct,
8.19consistent with section 120B.36, subdivision 1.
8.20 (c) Department records under this subdivision are private data on individuals. An
8.21individual subject of the data shall have access to the data except that the name of a
8.22reporter is confidential.
8.23 (d) The commissioner must post on the department's Web site information indicating
8.24that when districts and schools allow noncurriculum-related student groups access to
8.25school facilities, the district or school must give all student groups equal access to the
8.26school facilities regardless of the content of the group members' speech.
8.27 Subd. 7. Relation to existing law. This section does not:
8.28(1) establish any private right of action;
8.29(2) limit rights currently available to an individual under other civil or criminal law,
8.30including, but not limited to, chapter 363A; or
8.31(3) interfere with a person's rights of free speech and expression under the First
8.32Amendment of the United States Constitution.
8.33EFFECTIVE DATE.This section is effective July 1, 2013.
9.1 Sec. 4. [121A.0311] NOTICE OF THE RIGHTS AND RESPONSIBILITIES
9.2OF STUDENTS AND PARENTS UNDER THE SAFE AND SUPPORTIVE
9.3MINNESOTA SCHOOLS ACT.
9.4A district or school subject to section 121A.031 must include in the student
9.5discipline policy it distributes or otherwise transmits to students and their parents annually
9.6at the beginning of each school year notice about the rights and responsibilities of students
9.7and their parents under the Safe and Supportive Minnesota Schools Act.
9.8EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
9.9later.
9.10 Sec. 5. Minnesota Statutes 2012, section 121A.55, is amended to read:
9.11121A.55 POLICIES TO BE ESTABLISHED.
9.12(a) The commissioner of education shall promulgate guidelines to assist each school
9.13board. Each school board shall to establish uniform criteria for dismissal and adopt
9.14written policies and rules to effectuatethe purposes of sections 121A.031 and
121A.40 to
9.15121A.56
. The policies shall emphasize preventing dismissals through early detection of
9.16problems andshall be designed to address prevent students' inappropriate behavior from
9.17recurring. The policies shall recognize the continuing responsibility of the schoolfor the
9.18education of to educate the pupil during the dismissal period. The alternative educational
9.19services, if the pupil wishes to take advantage of them, must be adequate to allow the
9.20pupil to make progress towards meeting the graduation standards adopted under section
9.21120B.02
and help prepare the pupil for readmission.
9.22(b) An area learning center under section123A.05 may not prohibit an expelled or
9.23excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
9.24board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
9.25exclude a pupil or to require an admission plan.
9.26(c) Each school district shall develop a policy and report it to the commissioner on
9.27the appropriate use of peace officers and crisis teams to remove students who have an
9.28individualized education program from school grounds.
9.29EFFECTIVE DATE.This section is effective July 1, 2013.
9.30 Sec. 6. Minnesota Statutes 2012, section 121A.69, subdivision 3, is amended to read:
9.31 Subd. 3. School board policy. Each school board shall adopt a written policy
9.32governing student or staff hazing. The policy must apply to student behavior that occurs
9.33on or off school property and during and after school hours and be consistent with section
10.1121A.031. The policy must include reporting procedures and disciplinary consequences
10.2for violating the policy. Disciplinary consequences must be sufficiently severe to deter
10.3violations and appropriately discipline prohibited behavior. Disciplinary consequences
10.4must conform with sections 121A.031 and121A.41 to
121A.56 . Each school must include
10.5the policy in the student handbook on school policies.
10.6EFFECTIVE DATE.This section is effective July 1, 2013.
10.7 Sec. 7. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:
10.8 Subd. 1a. Effective staff development activities. (a) Staff development activities
10.9must:
10.10(1) focus on the school classroom and research-based strategies that improve student
10.11learning;
10.12(2) provide opportunities for teachers to practice and improve their instructional
10.13skills over time;
10.14(3) provide opportunities for teachers to use student data as part of their daily work
10.15to increase student achievement;
10.16(4) enhance teacher content knowledge and instructional skills, including to
10.17accommodate the delivery of digital and blended learning and curriculum and engage
10.18students with technology;
10.19(5) align with state and local academic standards;
10.20(6) provide opportunities to build professional relationships, foster collaboration
10.21among principals and staff who provide instruction, and provide opportunities for
10.22teacher-to-teacher mentoring; and
10.23(7) align with the plan of the district or site for an alternative teacher professional
10.24pay system.
10.25Staff development activities may include curriculum development and curriculum training
10.26programs, and activities that provide teachers and other members of site-based teams
10.27training to enhance team performance. The school district also may implement other
10.28staff development activities required by law and activities associated with professional
10.29teacher compensation models.
10.30(b) Release time provided for teachers to supervise students on field trips and school
10.31activities, or independent tasks not associated with enhancing the teacher's knowledge
10.32and instructional skills, such as preparing report cards, calculating grades, or organizing
10.33classroom materials, may not be counted as staff development time that is financed with
10.34staff development reserved revenue under section122A.61 .
11.1(c) Staff development activities also may include training for school counselors,
11.2school nurses, social workers, psychologists, and other mental health professionals to
11.3support students, teachers, and school administrators in implementing restorative and
11.4reparative best practices to prevent and appropriately address student prohibited conduct,
11.5consistent with section 121A.031, subdivision 4, paragraph (b).
11.6EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
11.7later.
11.8 Sec. 8. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:
11.9 Subd. 3. Staff development outcomes. The advisory staff development committee
11.10must adopt a staff development plan for improving student achievement. The plan must
11.11be consistent with education outcomes that the school board determines. The plan
11.12must include ongoing staff development activities that contribute toward continuous
11.13improvement in achievement of the following goals:
11.14(1) improve student achievement of state and local education standards in all areas
11.15of the curriculum by using best practices methods;
11.16(2) effectively meet the needs of a diverse student population, including at-risk
11.17children, children with disabilities, and gifted children, within the regular classroom
11.18and other settings;
11.19(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
11.20student population that is consistent with the state education diversity rule and the district's
11.21education diversity plan;
11.22(4) improve staff collaboration and develop mentoring and peer coaching programs
11.23for teachers new to the school or district;
11.24(5) effectively teach and model violence prevention policy and curriculum that
11.25address early intervention alternatives,issues of harassment, annually train all school
11.26staff and school volunteers who regularly interact with students in best practices to
11.27create and maintain a safe and supportive learning environment, consistent with section
11.28121A.031, and teach nonviolent alternatives for conflict resolution, including restorative
11.29and reparative processes;
11.30(6) effectively deliver digital and blended learning and curriculum and engage
11.31students with technology; and
11.32(7) provide teachers and other members of site-based management teams with
11.33appropriate management and financial management skills.
12.1EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
12.2later.
12.3 Sec. 9. Minnesota Statutes 2012, section 124D.10, subdivision 8, is amended to read:
12.4 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
12.5federal, state, and local health and safety requirements applicable to school districts.
12.6 (b) A school must comply with statewide accountability requirements governing
12.7standards and assessments in chapter 120B.
12.8 (c) A school authorized by a school board may be located in any district, unless the
12.9school board of the district of the proposed location disapproves by written resolution.
12.10 (d) A charter school must be nonsectarian in its programs, admission policies,
12.11employment practices, and all other operations. An authorizer may not authorize a charter
12.12school or program that is affiliated with a nonpublic sectarian school or a religious
12.13institution. A charter school student must be released for religious instruction, consistent
12.14with section120A.22, subdivision 12 , clause (3).
12.15 (e) Charter schools must not be used as a method of providing education or
12.16generating revenue for students who are being home-schooled. This paragraph does not
12.17apply to shared time aid under section126C.19 .
12.18 (f) The primary focus of a charter school must be to provide a comprehensive
12.19program of instruction for at least one grade or age group from five through 18 years
12.20of age. Instruction may be provided to people younger than five years and older than
12.2118 years of age.
12.22 (g) A charter school may not charge tuition.
12.23 (h) A charter school is subject to and must comply with chapter 363A and section
12.24121A.04
.
12.25 (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
12.26Act, sections121A.40 to
121A.56 , and the Minnesota Public School Fee Law, sections
12.27123B.34
to
123B.39 .
12.28 (j) A charter school is subject to the same financial audits, audit procedures, and
12.29audit requirements as a district. Audits must be conducted in compliance with generally
12.30accepted governmental auditing standards, the federal Single Audit Act, if applicable,
12.31and section6.65 . A charter school is subject to and must comply with sections
15.054 ;
12.32118A.01
;
118A.02 ;
118A.03 ;
118A.04 ;
118A.05 ;
118A.06 ;
471.38 ;
471.391 ;
471.392 ; and
12.33471.425
. The audit must comply with the requirements of sections
123B.75 to
123B.83 ,
12.34except to the extent deviations are necessary because of the program at the school.
12.35Deviations must be approved by the commissioner and authorizer. The Department of
13.1Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
13.2or compliance audits. A charter school determined to be in statutory operating debt under
13.3sections123B.81 to
123B.83 must submit a plan under section
123B.81, subdivision 4 .
13.4 (k) A charter school is a district for the purposes of tort liability under chapter 466.
13.5 (l) A charter school must comply with chapters 13 and 13D; and sections120A.22,
13.6subdivision 7 ;
121A.75 ; and
260B.171 , subdivisions 3 and 5.
13.7 (m) A charter school is subject to the Pledge of Allegiance requirement under
13.8section121A.11, subdivision 3 .
13.9 (n) A charter school offering online courses or programs must comply with section
13.10124D.095
.
13.11 (o) A charter school and charter school board of directors are subject to chapter 181.
13.12 (p) A charter school must comply with section120A.22, subdivision 7 , governing
13.13the transfer of students' educational records and sections138.163 and
138.17 governing
13.14the management of local records.
13.15 (q) A charter school that provides early childhood health and developmental
13.16screening must comply with sections121A.16 to
121A.19 .
13.17(r) A charter school that provides school-sponsored youth athletic activities must
13.18comply with section 121A.38.
13.19(s) A charter school must comply with section 121A.031 governing policies on
13.20prohibited conduct.
13.21EFFECTIVE DATE.This section is effective July 1, 2013.
13.22 Sec. 10. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read:
13.23 Subdivision 1. Program goals. The department, in consultation with the state
13.24curriculum advisory committee, must develop guidelines and model plans for parental
13.25involvement programs that will:
13.26(1) engage the interests and talents of parents or guardians in recognizing and
13.27meeting the emotional, intellectual, and physical needs of their school-age children;
13.28(2) promote healthy self-concepts among parents or guardians and other family
13.29members;
13.30(3) offer parents or guardians a chance to share and learn about educational skills,
13.31techniques, and ideas;
13.32(4) provide creative learning experiences for parents or guardians and their
13.33school-age children, including involvement from parents or guardians of color;
14.1(5) encourage parents to actively participate in their district's curriculum advisory
14.2committee under section120B.11 in order to assist the school board in improving
14.3children's education programs;and
14.4(6) encourage parents to help in promoting school desegregation/integration; and
14.5(7) partner with parents in establishing a positive school climate by developing
14.6and implementing prevention and intervention programs on prohibited conduct under
14.7section 121A.031.
14.8EFFECTIVE DATE.This section is effective the day following final enactment.
14.9 Sec. 11. Minnesota Statutes 2012, section 124D.8955, is amended to read:
14.10124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.
14.11 (a) In order to promote and support student achievement, a local school board is
14.12encouraged to formally adopt and implement a parent and family involvement policy that
14.13promotes and supports:
14.14 (1) communication between home and school that is regular, two-way, and
14.15meaningful;
14.16 (2) parenting skills;
14.17 (3) parents and caregivers who play an integral role in assisting student learning and
14.18learn about fostering students' academic success and learning at home and school;
14.19 (4) welcoming parents in the school and seeking their support and assistance;
14.20 (5) partnerships with parents in the decisions that affect children and families
14.21in the schools; and
14.22 (6) providing community resources to strengthen schools, families, and student
14.23learning, including establishing a safe and supportive school climate by developing and
14.24implementing prevention and intervention programs on prohibited conduct under section
14.25121A.031.
14.26 (b) A school board that implements a parent and family involvement policy under
14.27paragraph (a) must convene an advisory committee composed of an equal number of
14.28resident parents who are not district employees and school staff to make recommendations
14.29to the board on developing and evaluating the board's parent and family involvement
14.30policy. If possible, the advisory committee must represent the diversity of the district. The
14.31advisory committee must consider the district's demographic diversity and barriers to
14.32parent involvement when developing its recommendations. The advisory committee must
14.33recommend to the school board and district or school how programs serving children and
14.34adolescents can collaborate on:
15.1(1) understanding child and adolescent development;
15.2(2) encouraging healthy communication between parents and children;
15.3(3) managing students' behavior through positive reinforcement;
15.4(4) establishing expectations for student behavior;
15.5(5) providing media and Internet guidance, limits, and supervision; and
15.6(6) promoting resilience and reducing risks for children.
15.7The advisory committee must present its recommendations to the board for board
15.8consideration.
15.9 (c) The board must consider best practices when implementing this policy.
15.10 (d) The board periodically must review this policy to determine whether it is aligned
15.11with the most current research findings on parent involvement policies and practices and
15.12how effective the policy is in supporting increased student achievement.
15.13 (e) Nothing in this section obligates a school district to exceed any parent or family
15.14involvement requirement under federal law.
15.15EFFECTIVE DATE.This section is effective the day following final enactment.
15.16 Sec. 12. Minnesota Statutes 2012, section 125B.15, is amended to read:
15.17125B.15 INTERNET ACCESS FOR STUDENTS.
15.18 (a) Recognizing the difference between school libraries, school computer labs, and
15.19school media centers, which serve unique educational purposes, and public libraries,
15.20which are designed for public inquiry, all computers at a school site with access to the
15.21Internet available for student use must be equipped to restrict, including by use of
15.22available software filtering technology or other effective methods, all student access
15.23to material that is reasonably believed to be obscene or child pornography or material
15.24harmful to minors under federal or state law.
15.25 (b) A school site is not required to purchase filtering technology if the school site
15.26would incur more than incidental expense in making the purchase.
15.27 (c) A school district receiving technology revenue under section125B.26 must
15.28prohibit, including through use of available software filtering technology or other effective
15.29methods, adult access to material that under federal or state law is reasonably believed to
15.30be obscene or child pornography.
15.31 (d) A school district, its agents or employees, are immune from liability for failure
15.32to comply with this section if they have made a good faith effort to comply with the
15.33requirements of this section.
16.1 (e) "School site" means an education site as defined in section123B.04, subdivision
16.21 , or charter school under section
124D.10 .
16.3 (f) All school sites having computers with Internet access must adopt and implement
16.4a policy to prohibit cyberbullying, consistent with section 121A.031.
16.5EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
16.6later.
16.7 Sec. 13. [127A.051] SCHOOL CLIMATE COUNCIL.
16.8 Subdivision 1. Establishment and membership. (a) A 24-member multiagency
16.9leadership council is established to improve school climate and school safety so that all
16.10Minnesota students in prekindergarten through grade 12 schools and higher education
16.11institutions have a safe and supportive learning environment in order to maximize each
16.12student's learning potential.
16.13(b) The council shall consist of:
16.14(1) the commissioners or their designees from the Departments of Education,
16.15Health, Human Rights, Human Services, Public Safety, and Corrections, and the Office of
16.16Higher Education;
16.17(2) one representative each from the Board of Teaching, Board of School
16.18Administrators, Minnesota School Boards Association, Elementary School Principals
16.19Association, Association of Secondary School Principals, and Education Minnesota as
16.20selected by each organization;
16.21(3) two representatives each of student support personnel, parents, and students as
16.22selected by the commissioner of education;
16.23(4) two representatives of local law enforcement as selected by the commissioner of
16.24public safety;
16.25(5) two representatives of the judicial branch as selected by the chief justice of
16.26the Supreme Court; and
16.27(6) one charter school representative selected by the Minnesota Association of
16.28Charter Schools.
16.29 Subd. 2. Duties. The council must provide leadership for the following activities:
16.30(1) establishment of norms and standards for prevention, intervention, and support
16.31around issues of prohibited conduct;
16.32(2) advancement of evidence-based policy and best practices to improve school
16.33climate and promote school safety; and
16.34(3) development and dissemination of resources and training for schools and
16.35communities about issues of prohibited conduct and other school safety-related issues.
17.1 Sec. 14. [127A.052] SCHOOL CLIMATE CENTER.
17.2(a) The commissioner shall establish a school climate center at the department to
17.3help districts and schools under section 121A.031 provide a safe and supportive learning
17.4environment and foster academic achievement for all students by focusing on prevention,
17.5intervention, support, and recovery efforts to develop and maintain safe and supportive
17.6schools. The center must work collaboratively with implicated state agencies identified
17.7by the center and schools, communities, and interested individuals and organizations to
17.8determine how to best use available resources.
17.9(b) The center's services shall include:
17.10(1) evidence-based policy review, development, and dissemination;
17.11(2) single, point-of-contact services designed for schools, parents, and students
17.12seeking information or other help;
17.13(3) qualitative and quantitative data gathering, interpretation, and dissemination of
17.14summary data for existing reporting systems and student surveys and the identification
17.15and pursuit of emerging trends and issues;
17.16(4) assistance to districts and schools in using Minnesota student survey results to
17.17inform intervention and prevention programs;
17.18(5) education and skill building;
17.19(6) multisector and multiagency planning and advisory activities incorporating
17.20best practices and research; and
17.21(7) administrative and financial support for school and district planning, schools
17.22recovering from incidents of violence, and school and district violence prevention
17.23education.
17.24(c) The center shall:
17.25(1) compile and make available to all districts and schools evidence-based elements
17.26and resources to develop and maintain safe and supportive schools;
17.27(2) establish and maintain a central repository for collecting and analyzing
17.28information about prohibited conduct, including, but not limited to:
17.29(i) training materials on strategies and techniques to prevent and appropriately
17.30address prohibited conduct;
17.31(ii) model programming;
17.32(iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph
17.33(f); and
17.34(iv) other resources for improving the school climate and preventing prohibited
17.35conduct;
18.1(3) assist districts and schools to develop strategies and techniques for effectively
18.2communicating with and engaging parents in efforts to protect and deter students from
18.3prohibited conduct; and
18.4(4) solicit input from social media experts on implementing this section.
18.5(d) The commissioner shall provide administrative services including personnel,
18.6budget, payroll and contract services, and staff support for center activities including
18.7developing and disseminating materials, providing seminars, and developing and
18.8maintaining a Web site. Center staff shall include a center director, a data analyst
18.9coordinator, and trainers who provide training to affected state and local organizations
18.10under a fee-for-service agreement. The financial, administrative, and staff support the
18.11commissioner provides under this section must be based on an annual budget and work
18.12program developed by the center and submitted to the commissioner by the center director.
18.13(e) School climate center staff may consult with school safety center staff at the
18.14Department of Public Safety in providing services under this section.
18.15EFFECTIVE DATE.This section is effective beginning July 1, 2013.
18.16 Sec. 15. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read:
18.17 Subd. 2. Violations of law. The commissioner may reduce or withhold the district's
18.18state aid for any school year whenever the board of the district authorizes or permits
18.19violations of law within the district by:
18.20(1) employing a teacher who does not hold a valid teaching license or permit in a
18.21public school;
18.22(2) noncompliance with a mandatory rule of general application promulgated by the
18.23commissioner in accordance with statute, unless special circumstances make enforcement
18.24inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
18.25the district's best interests;
18.26(3) the district's continued performance of a contract made for the rental of rooms
18.27or buildings for school purposes or for the rental of any facility owned or operated by or
18.28under the direction of any private organization, if the contract has been disapproved, the
18.29time for review of the determination of disapproval has expired, and no proceeding for
18.30review is pending;
18.31(4) any practice which is a violation of sections 1 and 2 of article 13 of the
18.32Constitution of the state of Minnesota;
18.33(5) failure to reasonably provide for a resident pupil's school attendance under
18.34Minnesota Statutes;
19.1(6) noncompliance with state laws prohibiting discrimination because of race,
19.2color, creed, religion, national origin, sex, age, marital status, status with regard to
19.3public assistanceor, disability, as defined in sections
363A.08 to
363A.19 and
363A.28,
19.4subdivision 10 , or noncompliance with prohibited conduct under section 121A.031; or
19.5(7) using funds contrary to the statutory purpose of the funds.
19.6The reduction or withholding must be made in the amount and upon the procedure
19.7provided in this section, or, in the case of the violation stated in clause (1), upon the
19.8procedure provided in section127A.43 .
19.9EFFECTIVE DATE.This section is effective July 1, 2013.
19.10 Sec. 16. REPEALER.
19.11Minnesota Statutes 2012, sections 121A.03; and 121A.0695, are repealed effective
19.12July 1, 2013.
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
1.14percentages of students showing low, medium, and high growth under section
1.15subdivision 3
1.16under section
1.18indicate the definition of teacher consistent with sections
1.19purposes of determining these ratios; staff characteristics excluding salaries; student
1.20enrollment demographics; district mobility; summary data on incidents of prohibited
1.21conduct and remedial responses to the incidents under section 121A.031, subdivision 4,
1.22paragraph (a), clause (10); and extracurricular activities. The report also must indicate
1.23a school's adequate yearly progress status, and must not set any designations applicable
1.24to high- and low-performing schools due solely to adequate yearly progress status. The
2.1commissioner must use the summary data on prohibited conduct reported under section
2.2121A.031, subdivision 4, paragraph (a), clause (10), to inform the work of the school
2.3climate center under section 127A.052 and to assist districts and schools in improving
2.4the educational outcomes of all students and specific categories of students affected by
2.5such 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 2014-2015 school year and
2.20later.
2.21 Sec. 3. [121A.031] SCHOOL STUDENT BULLYING POLICY.
2.22 Subdivision 1. Student bullying policy; scope and application. (a) This section
2.23applies to bullying by a student against another student attending the same school which
2.24occurs:
2.25(1) on the school premises, at the school function or activity, or on the school
2.26transportation;
2.27(2) by use of electronic technology and communications on the school premises,
2.28during the school function or activity, on the school transportation, or on the school
2.29computers, networks, forums, and mailing lists; or
2.30(3) by use of electronic technology and communications to the extent such use is
2.31reasonably foreseeable to substantially and materially disrupt student learning or the
2.32school environment.
2.33(b) "District" under this section means a district as defined in section 120A.05,
2.34subdivision 8. "School" under this section means a public school as defined in section
2.35120A.05, subdivisions 9, 11, 13, and 17, and a charter school as defined in section
3.1124D.10. "Student" under this section means a person enrolled in and attending a school
3.2as defined under this paragraph.
3.3(c) A nonpublic school under section 123B.41, subdivision 9, consistent with its
3.4school accreditation cycle, is encouraged to electronically transmit to the commissioner its
3.5antibullying policy and summary data on its bullying incidents.
3.6(d) This section does not apply to a home school under sections 120A.22,
3.7subdivision 4, and 120A.24.
3.8 Subd. 2. Local district and school policy. (a) Districts and schools, in consultation
3.9with students, parents, and community organizations, shall adopt, implement, and annually
3.10review, and revise where appropriate, a written policy to prevent and prohibit student
3.11bullying, cyberbullying, harassment, and intimidation, consistent with this section. The
3.12policy must conform with sections 121A.41 to 121A.56. A district or school must adopt
3.13and implement a local policy under subdivisions 2 to 5 or comply with the provisions of
3.14the state model policy in subdivision 6.
3.15(b) Each local district and school policy must establish research-based,
3.16developmentally appropriate best practices that include preventive and remedial measures
3.17and effective discipline for deterring policy violations; apply throughout the school or
3.18district; and foster active student, parent, and community participation. A district or
3.19school may request assistance from the school climate center under section 127A.052 in
3.20complying with local policy requirements. The policy shall:
3.21(1) apply to all students, school personnel, and volunteers;
3.22(2) specifically list the characteristics contained in subdivision 3, paragraph (d);
3.23(3) emphasize remedial responses over punitive measures;
3.24(4) be conspicuously posted throughout the school building;
3.25(5) be given to each school employee and independent contractor, if a contractor
3.26regularly interacts with students, at the time of employment with the district or school;
3.27(6) be included in the student handbook on school policies; and
3.28(7) be available to all parents and other school community members in accessible
3.29languages and format on the district or school Web site.
3.30 (c) Each district and school under this subdivision must discuss its policy with
3.31students, school personnel, and volunteers and provide training for all school personnel
3.32and volunteers to prevent, identify, and appropriately respond to prohibited conduct.
3.33 (d) Each district and school under this subdivision must submit an electronic copy of
3.34its prohibited conduct policy to the commissioner.
3.35 Subd. 3. Definitions. (a) The terms defined in this subdivision have the meanings
3.36given them for purposes of this section.
4.1(b) "Bullying" means intimidating, threatening, abusive, or harassing conduct that is
4.2objectively offensive and:
4.3(1) causes physical harm to a student or a student's property or causes a student to be
4.4in reasonable fear of harm to person or property;
4.5(2) materially and substantially interferes with a student's educational opportunities
4.6or performance or ability to participate in the school function or activity or receive the
4.7school benefit, service, or privilege;
4.8(3) under Minnesota common law, violates a student's reasonable expectation
4.9of privacy, defames a student, or constitutes intentional infliction of emotional distress
4.10against a student; or
4.11(4) materially and substantially disrupts the work and discipline of the school.
4.12(c) "Cyberbullying" means bullying using technology or other electronic
4.13communication, including, but not limited to, a transfer of a sign, signal, writing, image,
4.14sound, or data, including a post on a social network Internet Web site or forum, to transmit
4.15through a computer, cell phone, or other electronic device speech that contains obscene
4.16words or images, advocates illegal conduct, or otherwise materially and substantially
4.17disrupts a student's learning environment.
4.18(d) Intimidating, threatening, abusive, or harassing conduct may involve, but is not
4.19limited to, conduct that is directed at a student or students based on a person's actual or
4.20perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex,
4.21age, marital status, familial status, socioeconomic status, physical appearance, sexual
4.22orientation, gender identity and expression, academic status, disability, or status with
4.23regard to public assistance, age, or any additional characteristic defined in chapter 363A.
4.24(e) "Prohibited conduct" means bullying or cyberbullying as defined under this
4.25subdivision or retaliation for asserting, alleging, reporting, or providing information about
4.26such conduct.
4.27(f) "Remedial response" means a measure to stop and correct prohibited conduct,
4.28prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of
4.29the student who is the target of the prohibited conduct. Districts and schools may seek the
4.30assistance of the school climate center under section 127A.052 to develop and implement
4.31remedial responses on behalf of a student who is the target of prohibited conduct, to
4.32stop and correct a student engaging in prohibited conduct, and for use with students and
4.33adults in the school community. Districts and schools need not report the use of remedial
4.34responses when their use is unrelated to any particular incident of prohibited conduct.
4.35 Subd. 4. Local policy components. (a) Each district and school policy implemented
4.36under this section must, at a minimum:
5.1(1) designate a staff member as the primary contact person in the school building
5.2to receive reports of prohibited conduct under clause (3), ensure the policy and its
5.3procedures including restorative practices, consequences, and sanctions are fairly and
5.4fully implemented, and serve as the primary contact on policy and procedural matters
5.5implicating both the district or school and the department;
5.6(2) require school employees and trained volunteers who witness prohibited conduct
5.7or possess reliable information that would lead a reasonable person to suspect that a
5.8student is a target of prohibited conduct to make reasonable efforts to address and resolve
5.9the prohibited conduct;
5.10(3) provide a procedure to promptly investigate reports of prohibited conduct within
5.11three school days of the report, and make the primary contact person responsible for the
5.12investigation and any resulting record and for keeping and regulating access to any record;
5.13(4) indicate how a school will respond to an identified incident of prohibited
5.14conduct, including immediately intervening to protect the target of the prohibited conduct;
5.15consistent with state and federal data practices law governing access to private data, and,
5.16at the school administrator's discretion, notifying law enforcement officials; immediately
5.17notifying law enforcement officials if the person investigating a report of prohibited
5.18conduct against a student by a teacher, other district or school employee, or school
5.19volunteer reasonably believes that the prohibited conduct against the student is a crime;
5.20providing other remedial responses to the prohibited conduct; and ensuring that remedial
5.21responses are tailored to the particular incident and nature of the conduct and the student's
5.22developmental age and behavioral history;
5.23(5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports
5.24prohibited conduct or provides information about such conduct and establish appropriate
5.25consequences for a person who engages in reprisal or retaliation;
5.26(6) allow anonymous reporting but do not rely solely on an anonymous report to
5.27determine discipline;
5.28(7) provide information about available community resources to the target, actor,
5.29and other affected individuals, as appropriate;
5.30(8) where appropriate for a child with a disability to prevent or respond to prohibited
5.31conduct, require the child's individualized education program or section 504 plan to
5.32address the skills and proficiencies the child needs to avoid, respond to, or not engage in
5.33prohibited conduct;
5.34(9) use new employee training materials, the school publication on school rules,
5.35procedures, and standards of conduct, and the student handbook on school policies
5.36to publicize the policy;
6.1(10) require annual reporting, collection, and analysis of summary data on incidents
6.2of prohibited conduct and on remedial responses both to students and throughout the school;
6.3(11) require ongoing professional development, consistent with section 122A.60,
6.4to build the skills of all school personnel and volunteers, including, but not limited to,
6.5educators, administrators, school nurses, cafeteria workers, custodians, bus drivers,
6.6athletic coaches, extracurricular activities advisors, volunteers, and paraprofessionals to
6.7identify, prevent, and appropriately address prohibited conduct; and
6.8(12) implement the following standards related to data on incidents of prohibited
6.9conduct:
6.10(i) a presumption that a district or school official will notify the parent of any student
6.11affected by alleged prohibited conduct of facts related to the incident and any disciplinary
6.12or remedial action taken by the school or district, unless notification to the parent is
6.13otherwise prohibited by law or the official, in consultation with the district's responsible
6.14authority, determines that notifying the parent is not in the best interest of the student, as
6.15consistent with section 13.02, subdivision 8;
6.16(ii) establishment of written procedures for affected students and parents of affected
6.17students to access all data maintained by the school or district related to the incident,
6.18including authorization for a student or parent to contest the accuracy or completeness
6.19of the data, consistent with section 13.04, subdivision 4;
6.20(iii) establishment of a schedule for retention and destruction of data related to
6.21incidents of prohibited conduct, including expedited destruction of data related to
6.22allegations of prohibited conduct determined to be without factual basis;
6.23(iv) establishment of security procedures to ensure that, except for summary
6.24data, data on incidents of prohibited conduct are not shared with or disseminated to
6.25any individual or entity not expressly authorized by law to access the data, unless an
6.26affected student or that student's parent consents to sharing or dissemination of data on
6.27that student's involvement in the incident for the specific purpose for which the data will
6.28be shared or disseminated; and
6.29(v) establishment of procedures to ensure that data designated as "summary data"
6.30comply with section 13.02, subdivision 19, requiring that the data do not identify an
6.31individual or contain characteristics that could be used to ascertain an individual's identity.
6.32(b) Professional development under a local policy includes, but is not limited to,
6.33information about:
6.34(1) developmentally appropriate strategies both to prevent and to immediately and
6.35effectively intervene to stop prohibited conduct;
7.1(2) the complex dynamics affecting an actor, target, and witnesses to prohibited
7.2conduct;
7.3(3) research on prohibited conduct, including specific categories of students at risk
7.4for prohibited conduct in school;
7.5(4) the incidence and nature of cyberbullying; and
7.6(5) Internet safety and cyberbullying.
7.7 Subd. 5. Safe and supportive schools programming. (a) Districts and schools
7.8are encouraged to provide developmentally appropriate programmatic instruction
7.9to help students identify, prevent, and reduce prohibited conduct; value diversity in
7.10school and society; develop and improve students' knowledge and skills for solving
7.11problems, managing conflict, engaging in civil discourse, and recognizing, responding
7.12to, and reporting prohibited conduct; and make effective prevention and intervention
7.13programs available to students. Upon request, the school climate center under section
7.14127A.052 must assist a district or school in helping students understand social media
7.15and cyberbullying. Districts and schools must establish strategies for creating a positive
7.16school climate and use evidence-based social-emotional learning to prevent and reduce
7.17discrimination and other improper 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 foster a safe and supportive 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:
7.36(1) define prohibited conduct, consistent with this section;
8.1(2) apply the prohibited conduct policy components in this section;
8.2(3) for a child with a disability, whenever an evaluation by an individualized
8.3education program team or a section 504 team indicates that the child's disability affects
8.4the child's social skills development or the child is vulnerable to bullying, cyberbullying,
8.5harassment, or intimidation because of the child's disability, the child's individualized
8.6education program or section 504 plan must address the skills and proficiencies the child
8.7needs to avoid, respond to, or not engage in such conduct; and
8.8(4) encourage violence prevention and character development education programs
8.9under section 120B.232, subdivision 1.
8.10(b) The commissioner shall develop and post departmental procedures for:
8.11(1) periodically reviewing district and school programs and policies for compliance
8.12with this section;
8.13(2) investigating, reporting, and responding to noncompliance with this section,
8.14which may include an annual review of plans to improve and provide a safe and supportive
8.15school climate;
8.16(3) allowing students, parents, and educators to file a complaint about noncompliance
8.17with the commissioner; and
8.18(4) annually publishing statewide summary data on incidents of prohibited conduct,
8.19consistent with section 120B.36, subdivision 1.
8.20 (c) Department records under this subdivision are private data on individuals. An
8.21individual subject of the data shall have access to the data except that the name of a
8.22reporter is confidential.
8.23 (d) The commissioner must post on the department's Web site information indicating
8.24that when districts and schools allow noncurriculum-related student groups access to
8.25school facilities, the district or school must give all student groups equal access to the
8.26school facilities regardless of the content of the group members' speech.
8.27 Subd. 7. Relation to existing law. This section does not:
8.28(1) establish any private right of action;
8.29(2) limit rights currently available to an individual under other civil or criminal law,
8.30including, but not limited to, chapter 363A; or
8.31(3) interfere with a person's rights of free speech and expression under the First
8.32Amendment of the United States Constitution.
8.33EFFECTIVE DATE.This section is effective July 1, 2013.
9.1 Sec. 4. [121A.0311] NOTICE OF THE RIGHTS AND RESPONSIBILITIES
9.2OF STUDENTS AND PARENTS UNDER THE SAFE AND SUPPORTIVE
9.3MINNESOTA SCHOOLS ACT.
9.4A district or school subject to section 121A.031 must include in the student
9.5discipline policy it distributes or otherwise transmits to students and their parents annually
9.6at the beginning of each school year notice about the rights and responsibilities of students
9.7and their parents under the Safe and Supportive Minnesota Schools Act.
9.8EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
9.9later.
9.10 Sec. 5. Minnesota Statutes 2012, section 121A.55, is amended to read:
9.11121A.55 POLICIES TO BE ESTABLISHED.
9.12(a) The commissioner of education shall promulgate guidelines to assist each school
9.13board
9.14written policies and rules to effectuate
9.16problems and
9.17recurring. The policies shall recognize the continuing responsibility of the school
9.18
9.19services, if the pupil wishes to take advantage of them, must be adequate to allow the
9.20pupil to make progress towards meeting the graduation standards adopted under section
9.22(b) An area learning center under section
9.23excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
9.24board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
9.25exclude a pupil or to require an admission plan.
9.26(c) Each school district shall develop a policy and report it to the commissioner on
9.27the appropriate use of peace officers and crisis teams to remove students who have an
9.28individualized education program from school grounds.
9.29EFFECTIVE DATE.This section is effective July 1, 2013.
9.30 Sec. 6. Minnesota Statutes 2012, section 121A.69, subdivision 3, is amended to read:
9.31 Subd. 3. School board policy. Each school board shall adopt a written policy
9.32governing student or staff hazing. The policy must apply to student behavior that occurs
9.33on or off school property and during and after school hours and be consistent with section
10.1121A.031. The policy must include reporting procedures and disciplinary consequences
10.2for violating the policy. Disciplinary consequences must be sufficiently severe to deter
10.3violations and appropriately discipline prohibited behavior. Disciplinary consequences
10.4must conform with sections 121A.031 and
10.5the policy in the student handbook on school policies.
10.6EFFECTIVE DATE.This section is effective July 1, 2013.
10.7 Sec. 7. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:
10.8 Subd. 1a. Effective staff development activities. (a) Staff development activities
10.9must:
10.10(1) focus on the school classroom and research-based strategies that improve student
10.11learning;
10.12(2) provide opportunities for teachers to practice and improve their instructional
10.13skills over time;
10.14(3) provide opportunities for teachers to use student data as part of their daily work
10.15to increase student achievement;
10.16(4) enhance teacher content knowledge and instructional skills, including to
10.17accommodate the delivery of digital and blended learning and curriculum and engage
10.18students with technology;
10.19(5) align with state and local academic standards;
10.20(6) provide opportunities to build professional relationships, foster collaboration
10.21among principals and staff who provide instruction, and provide opportunities for
10.22teacher-to-teacher mentoring; and
10.23(7) align with the plan of the district or site for an alternative teacher professional
10.24pay system.
10.25Staff development activities may include curriculum development and curriculum training
10.26programs, and activities that provide teachers and other members of site-based teams
10.27training to enhance team performance. The school district also may implement other
10.28staff development activities required by law and activities associated with professional
10.29teacher compensation models.
10.30(b) Release time provided for teachers to supervise students on field trips and school
10.31activities, or independent tasks not associated with enhancing the teacher's knowledge
10.32and instructional skills, such as preparing report cards, calculating grades, or organizing
10.33classroom materials, may not be counted as staff development time that is financed with
10.34staff development reserved revenue under section
11.1(c) Staff development activities also may include training for school counselors,
11.2school nurses, social workers, psychologists, and other mental health professionals to
11.3support students, teachers, and school administrators in implementing restorative and
11.4reparative best practices to prevent and appropriately address student prohibited conduct,
11.5consistent with section 121A.031, subdivision 4, paragraph (b).
11.6EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
11.7later.
11.8 Sec. 8. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:
11.9 Subd. 3. Staff development outcomes. The advisory staff development committee
11.10must adopt a staff development plan for improving student achievement. The plan must
11.11be consistent with education outcomes that the school board determines. The plan
11.12must include ongoing staff development activities that contribute toward continuous
11.13improvement in achievement of the following goals:
11.14(1) improve student achievement of state and local education standards in all areas
11.15of the curriculum by using best practices methods;
11.16(2) effectively meet the needs of a diverse student population, including at-risk
11.17children, children with disabilities, and gifted children, within the regular classroom
11.18and other settings;
11.19(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
11.20student population that is consistent with the state education diversity rule and the district's
11.21education diversity plan;
11.22(4) improve staff collaboration and develop mentoring and peer coaching programs
11.23for teachers new to the school or district;
11.24(5) effectively teach and model violence prevention policy and curriculum that
11.25address early intervention alternatives,
11.26staff and school volunteers who regularly interact with students in best practices to
11.27create and maintain a safe and supportive learning environment, consistent with section
11.28121A.031, and teach nonviolent alternatives for conflict resolution, including restorative
11.29and reparative processes;
11.30(6) effectively deliver digital and blended learning and curriculum and engage
11.31students with technology; and
11.32(7) provide teachers and other members of site-based management teams with
11.33appropriate management and financial management skills.
12.1EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
12.2later.
12.3 Sec. 9. Minnesota Statutes 2012, section 124D.10, subdivision 8, is amended to read:
12.4 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
12.5federal, state, and local health and safety requirements applicable to school districts.
12.6 (b) A school must comply with statewide accountability requirements governing
12.7standards and assessments in chapter 120B.
12.8 (c) A school authorized by a school board may be located in any district, unless the
12.9school board of the district of the proposed location disapproves by written resolution.
12.10 (d) A charter school must be nonsectarian in its programs, admission policies,
12.11employment practices, and all other operations. An authorizer may not authorize a charter
12.12school or program that is affiliated with a nonpublic sectarian school or a religious
12.13institution. A charter school student must be released for religious instruction, consistent
12.14with section
12.15 (e) Charter schools must not be used as a method of providing education or
12.16generating revenue for students who are being home-schooled. This paragraph does not
12.17apply to shared time aid under section
12.18 (f) The primary focus of a charter school must be to provide a comprehensive
12.19program of instruction for at least one grade or age group from five through 18 years
12.20of age. Instruction may be provided to people younger than five years and older than
12.2118 years of age.
12.22 (g) A charter school may not charge tuition.
12.23 (h) A charter school is subject to and must comply with chapter 363A and section
12.25 (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
12.26Act, sections
12.28 (j) A charter school is subject to the same financial audits, audit procedures, and
12.29audit requirements as a district. Audits must be conducted in compliance with generally
12.30accepted governmental auditing standards, the federal Single Audit Act, if applicable,
12.31and section
12.34except to the extent deviations are necessary because of the program at the school.
12.35Deviations must be approved by the commissioner and authorizer. The Department of
13.1Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
13.2or compliance audits. A charter school determined to be in statutory operating debt under
13.3sections
13.4 (k) A charter school is a district for the purposes of tort liability under chapter 466.
13.5 (l) A charter school must comply with chapters 13 and 13D; and sections
13.6subdivision 7
13.7 (m) A charter school is subject to the Pledge of Allegiance requirement under
13.8section
13.9 (n) A charter school offering online courses or programs must comply with section
13.11 (o) A charter school and charter school board of directors are subject to chapter 181.
13.12 (p) A charter school must comply with section
13.13the transfer of students' educational records and sections
13.14the management of local records.
13.15 (q) A charter school that provides early childhood health and developmental
13.16screening must comply with sections
13.17(r) A charter school that provides school-sponsored youth athletic activities must
13.18comply with section 121A.38.
13.19(s) A charter school must comply with section 121A.031 governing policies on
13.20prohibited conduct.
13.21EFFECTIVE DATE.This section is effective July 1, 2013.
13.22 Sec. 10. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read:
13.23 Subdivision 1. Program goals. The department, in consultation with the state
13.24curriculum advisory committee, must develop guidelines and model plans for parental
13.25involvement programs that will:
13.26(1) engage the interests and talents of parents or guardians in recognizing and
13.27meeting the emotional, intellectual, and physical needs of their school-age children;
13.28(2) promote healthy self-concepts among parents or guardians and other family
13.29members;
13.30(3) offer parents or guardians a chance to share and learn about educational skills,
13.31techniques, and ideas;
13.32(4) provide creative learning experiences for parents or guardians and their
13.33school-age children, including involvement from parents or guardians of color;
14.1(5) encourage parents to actively participate in their district's curriculum advisory
14.2committee under section
14.3children's education programs;
14.4(6) encourage parents to help in promoting school desegregation/integration; and
14.5(7) partner with parents in establishing a positive school climate by developing
14.6and implementing prevention and intervention programs on prohibited conduct under
14.7section 121A.031.
14.8EFFECTIVE DATE.This section is effective the day following final enactment.
14.9 Sec. 11. Minnesota Statutes 2012, section 124D.8955, is amended to read:
14.10124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.
14.11 (a) In order to promote and support student achievement, a local school board is
14.12encouraged to formally adopt and implement a parent and family involvement policy that
14.13promotes and supports:
14.14 (1) communication between home and school that is regular, two-way, and
14.15meaningful;
14.16 (2) parenting skills;
14.17 (3) parents and caregivers who play an integral role in assisting student learning and
14.18learn about fostering students' academic success and learning at home and school;
14.19 (4) welcoming parents in the school and seeking their support and assistance;
14.20 (5) partnerships with parents in the decisions that affect children and families
14.21in the schools; and
14.22 (6) providing community resources to strengthen schools, families, and student
14.23learning, including establishing a safe and supportive school climate by developing and
14.24implementing prevention and intervention programs on prohibited conduct under section
14.25121A.031.
14.26 (b) A school board that implements a parent and family involvement policy under
14.27paragraph (a) must convene an advisory committee composed of an equal number of
14.28resident parents who are not district employees and school staff to make recommendations
14.29to the board on developing and evaluating the board's parent and family involvement
14.30policy. If possible, the advisory committee must represent the diversity of the district. The
14.31advisory committee must consider the district's demographic diversity and barriers to
14.32parent involvement when developing its recommendations. The advisory committee must
14.33recommend to the school board and district or school how programs serving children and
14.34adolescents can collaborate on:
15.1(1) understanding child and adolescent development;
15.2(2) encouraging healthy communication between parents and children;
15.3(3) managing students' behavior through positive reinforcement;
15.4(4) establishing expectations for student behavior;
15.5(5) providing media and Internet guidance, limits, and supervision; and
15.6(6) promoting resilience and reducing risks for children.
15.7The advisory committee must present its recommendations to the board for board
15.8consideration.
15.9 (c) The board must consider best practices when implementing this policy.
15.10 (d) The board periodically must review this policy to determine whether it is aligned
15.11with the most current research findings on parent involvement policies and practices and
15.12how effective the policy is in supporting increased student achievement.
15.13 (e) Nothing in this section obligates a school district to exceed any parent or family
15.14involvement requirement under federal law.
15.15EFFECTIVE DATE.This section is effective the day following final enactment.
15.16 Sec. 12. Minnesota Statutes 2012, section 125B.15, is amended to read:
15.17125B.15 INTERNET ACCESS FOR STUDENTS.
15.18 (a) Recognizing the difference between school libraries, school computer labs, and
15.19school media centers, which serve unique educational purposes, and public libraries,
15.20which are designed for public inquiry, all computers at a school site with access to the
15.21Internet available for student use must be equipped to restrict, including by use of
15.22available software filtering technology or other effective methods, all student access
15.23to material that is reasonably believed to be obscene or child pornography or material
15.24harmful to minors under federal or state law.
15.25 (b) A school site is not required to purchase filtering technology if the school site
15.26would incur more than incidental expense in making the purchase.
15.27 (c) A school district receiving technology revenue under section
15.28prohibit, including through use of available software filtering technology or other effective
15.29methods, adult access to material that under federal or state law is reasonably believed to
15.30be obscene or child pornography.
15.31 (d) A school district, its agents or employees, are immune from liability for failure
15.32to comply with this section if they have made a good faith effort to comply with the
15.33requirements of this section.
16.1 (e) "School site" means an education site as defined in section
16.21
16.3 (f) All school sites having computers with Internet access must adopt and implement
16.4a policy to prohibit cyberbullying, consistent with section 121A.031.
16.5EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
16.6later.
16.7 Sec. 13. [127A.051] SCHOOL CLIMATE COUNCIL.
16.8 Subdivision 1. Establishment and membership. (a) A 24-member multiagency
16.9leadership council is established to improve school climate and school safety so that all
16.10Minnesota students in prekindergarten through grade 12 schools and higher education
16.11institutions have a safe and supportive learning environment in order to maximize each
16.12student's learning potential.
16.13(b) The council shall consist of:
16.14(1) the commissioners or their designees from the Departments of Education,
16.15Health, Human Rights, Human Services, Public Safety, and Corrections, and the Office of
16.16Higher Education;
16.17(2) one representative each from the Board of Teaching, Board of School
16.18Administrators, Minnesota School Boards Association, Elementary School Principals
16.19Association, Association of Secondary School Principals, and Education Minnesota as
16.20selected by each organization;
16.21(3) two representatives each of student support personnel, parents, and students as
16.22selected by the commissioner of education;
16.23(4) two representatives of local law enforcement as selected by the commissioner of
16.24public safety;
16.25(5) two representatives of the judicial branch as selected by the chief justice of
16.26the Supreme Court; and
16.27(6) one charter school representative selected by the Minnesota Association of
16.28Charter Schools.
16.29 Subd. 2. Duties. The council must provide leadership for the following activities:
16.30(1) establishment of norms and standards for prevention, intervention, and support
16.31around issues of prohibited conduct;
16.32(2) advancement of evidence-based policy and best practices to improve school
16.33climate and promote school safety; and
16.34(3) development and dissemination of resources and training for schools and
16.35communities about issues of prohibited conduct and other school safety-related issues.
17.1 Sec. 14. [127A.052] SCHOOL CLIMATE CENTER.
17.2(a) The commissioner shall establish a school climate center at the department to
17.3help districts and schools under section 121A.031 provide a safe and supportive learning
17.4environment and foster academic achievement for all students by focusing on prevention,
17.5intervention, support, and recovery efforts to develop and maintain safe and supportive
17.6schools. The center must work collaboratively with implicated state agencies identified
17.7by the center and schools, communities, and interested individuals and organizations to
17.8determine how to best use available resources.
17.9(b) The center's services shall include:
17.10(1) evidence-based policy review, development, and dissemination;
17.11(2) single, point-of-contact services designed for schools, parents, and students
17.12seeking information or other help;
17.13(3) qualitative and quantitative data gathering, interpretation, and dissemination of
17.14summary data for existing reporting systems and student surveys and the identification
17.15and pursuit of emerging trends and issues;
17.16(4) assistance to districts and schools in using Minnesota student survey results to
17.17inform intervention and prevention programs;
17.18(5) education and skill building;
17.19(6) multisector and multiagency planning and advisory activities incorporating
17.20best practices and research; and
17.21(7) administrative and financial support for school and district planning, schools
17.22recovering from incidents of violence, and school and district violence prevention
17.23education.
17.24(c) The center shall:
17.25(1) compile and make available to all districts and schools evidence-based elements
17.26and resources to develop and maintain safe and supportive schools;
17.27(2) establish and maintain a central repository for collecting and analyzing
17.28information about prohibited conduct, including, but not limited to:
17.29(i) training materials on strategies and techniques to prevent and appropriately
17.30address prohibited conduct;
17.31(ii) model programming;
17.32(iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph
17.33(f); and
17.34(iv) other resources for improving the school climate and preventing prohibited
17.35conduct;
18.1(3) assist districts and schools to develop strategies and techniques for effectively
18.2communicating with and engaging parents in efforts to protect and deter students from
18.3prohibited conduct; and
18.4(4) solicit input from social media experts on implementing this section.
18.5(d) The commissioner shall provide administrative services including personnel,
18.6budget, payroll and contract services, and staff support for center activities including
18.7developing and disseminating materials, providing seminars, and developing and
18.8maintaining a Web site. Center staff shall include a center director, a data analyst
18.9coordinator, and trainers who provide training to affected state and local organizations
18.10under a fee-for-service agreement. The financial, administrative, and staff support the
18.11commissioner provides under this section must be based on an annual budget and work
18.12program developed by the center and submitted to the commissioner by the center director.
18.13(e) School climate center staff may consult with school safety center staff at the
18.14Department of Public Safety in providing services under this section.
18.15EFFECTIVE DATE.This section is effective beginning July 1, 2013.
18.16 Sec. 15. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read:
18.17 Subd. 2. Violations of law. The commissioner may reduce or withhold the district's
18.18state aid for any school year whenever the board of the district authorizes or permits
18.19violations of law within the district by:
18.20(1) employing a teacher who does not hold a valid teaching license or permit in a
18.21public school;
18.22(2) noncompliance with a mandatory rule of general application promulgated by the
18.23commissioner in accordance with statute, unless special circumstances make enforcement
18.24inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
18.25the district's best interests;
18.26(3) the district's continued performance of a contract made for the rental of rooms
18.27or buildings for school purposes or for the rental of any facility owned or operated by or
18.28under the direction of any private organization, if the contract has been disapproved, the
18.29time for review of the determination of disapproval has expired, and no proceeding for
18.30review is pending;
18.31(4) any practice which is a violation of sections 1 and 2 of article 13 of the
18.32Constitution of the state of Minnesota;
18.33(5) failure to reasonably provide for a resident pupil's school attendance under
18.34Minnesota Statutes;
19.1(6) noncompliance with state laws prohibiting discrimination because of race,
19.2color, creed, religion, national origin, sex, age, marital status, status with regard to
19.3public assistance
19.4subdivision 10
19.5(7) using funds contrary to the statutory purpose of the funds.
19.6The reduction or withholding must be made in the amount and upon the procedure
19.7provided in this section, or, in the case of the violation stated in clause (1), upon the
19.8procedure provided in section
19.9EFFECTIVE DATE.This section is effective July 1, 2013.
19.10 Sec. 16. REPEALER.
19.11Minnesota Statutes 2012, sections 121A.03; and 121A.0695, are repealed effective
19.12July 1, 2013.
