Bill Text: MN SF170 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Bullying in public schools prohibition and school district policy adoption requirement
Sponsorship: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2013-01-31 - Referred to Education [SF170 Detail]
Download: Minnesota-2013-SF170-Introduced.html
1.2relating to education; establishing a state policy to protect students from bullying;
1.3proposing coding for new law in Minnesota Statutes, chapter 121A; repealing
1.4Minnesota Statutes 2012, section 121A.0695.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [121A.07] PROHIBITING BULLYING IN SCHOOLS.
1.7 Subdivision 1. Policy to prohibit bullying. (a) School districts, in collaboration
1.8with interested community members, must adopt and implement a policy under this
1.9section to prohibit bullying and other conduct that materially disrupts a student's learning
1.10environment. The policy must prohibit bullying and other such conduct on school
1.11premises, during a school-sponsored event or activity at any location, while students are
1.12being transported by or on behalf of the district, and while students are using information
1.13technology, communication devices, or other technology to communicate or to access the
1.14Internet, regardless of location. The policy must contain the definition of bullying under
1.15subdivision 2.
1.16(b) The policy must establish appropriate procedures to:
1.17(1) proactively address bullying and other prohibited conduct;
1.18(2) report alleged bullying to designated school personnel;
1.19(3) investigate reports of alleged bullying;
1.20(4) notify the parent when school personnel determine the parent's student was
1.21bullying or bullied;
1.22(5) discipline a student who bullied another student and provide support to a student
1.23who was bullied; and
2.1(6) protect information in an investigative report, consistent with paragraph (e)
2.2and section 13.32 and related law.
2.3 (c) Districts must apply the policy uniformly to all students.
2.4 (d) The policy must specifically require that nothing infringe upon a student's first
2.5amendment rights or prohibit a student from expressing a religious, philosophical, moral,
2.6or political viewpoint to the extent the student's expression does not materially disrupt
2.7the learning environment.
2.8 (e) Investigative and disciplinary information under this section are private data on
2.9individuals but such information may be reported to law enforcement agencies, including
2.10the juvenile justice system, if the reporter reasonably believes the prohibited conduct
2.11violates Minnesota's criminal code.
2.12(f) Consistent with section 121A.55, paragraph (a), districts at least annually must
2.13provide students, school personnel, and parents with a copy of the antibullying policy
2.14in an electronic or paper format sufficient to give each person notice and also post an
2.15electronic copy of the policy on the district's official Web site.
2.16 Subd. 2. Definition of bullying. For purposes of this section, "bullying" means
2.17severe or persistent conduct by a student or group of students against another student
2.18that causes the student physical harm or emotional distress and which school personnel
2.19determine will materially disrupt the student's learning environment. Bullying also
2.20includes student speech, whether oral, written, or electronic, if, according to school
2.21personnel, it is lewd, indecent, or obscene; advocates illegal conduct; involves use of
2.22threatening words; or will materially disrupt the learning environment.
2.23 Subd. 3. Retaliation and intentionally false reports. (a) Retaliation is prohibited
2.24against a person who, in good faith, reports bullying or is thought to have reported bullying,
2.25or participates in a bullying investigation. Reports of alleged retaliation are subject to the
2.26same procedures under subdivision 1, paragraph (b), as reports of alleged bullying.
2.27(b) Making intentionally false reports about bullying is prohibited and must be a
2.28cause for discipline.
2.29 Subd. 4. Interpretation and application. District personnel who comply in good
2.30faith with the provisions of this section are immune from civil or criminal liability that
2.31might otherwise result from their actions.
2.32EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
2.33later.
2.34 Sec. 2. REPEALER.
2.35Minnesota Statutes 2012, section 121A.0695, is repealed.
3.1EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
3.2later.
1.3proposing coding for new law in Minnesota Statutes, chapter 121A; repealing
1.4Minnesota Statutes 2012, section 121A.0695.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [121A.07] PROHIBITING BULLYING IN SCHOOLS.
1.7 Subdivision 1. Policy to prohibit bullying. (a) School districts, in collaboration
1.8with interested community members, must adopt and implement a policy under this
1.9section to prohibit bullying and other conduct that materially disrupts a student's learning
1.10environment. The policy must prohibit bullying and other such conduct on school
1.11premises, during a school-sponsored event or activity at any location, while students are
1.12being transported by or on behalf of the district, and while students are using information
1.13technology, communication devices, or other technology to communicate or to access the
1.14Internet, regardless of location. The policy must contain the definition of bullying under
1.15subdivision 2.
1.16(b) The policy must establish appropriate procedures to:
1.17(1) proactively address bullying and other prohibited conduct;
1.18(2) report alleged bullying to designated school personnel;
1.19(3) investigate reports of alleged bullying;
1.20(4) notify the parent when school personnel determine the parent's student was
1.21bullying or bullied;
1.22(5) discipline a student who bullied another student and provide support to a student
1.23who was bullied; and
2.1(6) protect information in an investigative report, consistent with paragraph (e)
2.2and section 13.32 and related law.
2.3 (c) Districts must apply the policy uniformly to all students.
2.4 (d) The policy must specifically require that nothing infringe upon a student's first
2.5amendment rights or prohibit a student from expressing a religious, philosophical, moral,
2.6or political viewpoint to the extent the student's expression does not materially disrupt
2.7the learning environment.
2.8 (e) Investigative and disciplinary information under this section are private data on
2.9individuals but such information may be reported to law enforcement agencies, including
2.10the juvenile justice system, if the reporter reasonably believes the prohibited conduct
2.11violates Minnesota's criminal code.
2.12(f) Consistent with section 121A.55, paragraph (a), districts at least annually must
2.13provide students, school personnel, and parents with a copy of the antibullying policy
2.14in an electronic or paper format sufficient to give each person notice and also post an
2.15electronic copy of the policy on the district's official Web site.
2.16 Subd. 2. Definition of bullying. For purposes of this section, "bullying" means
2.17severe or persistent conduct by a student or group of students against another student
2.18that causes the student physical harm or emotional distress and which school personnel
2.19determine will materially disrupt the student's learning environment. Bullying also
2.20includes student speech, whether oral, written, or electronic, if, according to school
2.21personnel, it is lewd, indecent, or obscene; advocates illegal conduct; involves use of
2.22threatening words; or will materially disrupt the learning environment.
2.23 Subd. 3. Retaliation and intentionally false reports. (a) Retaliation is prohibited
2.24against a person who, in good faith, reports bullying or is thought to have reported bullying,
2.25or participates in a bullying investigation. Reports of alleged retaliation are subject to the
2.26same procedures under subdivision 1, paragraph (b), as reports of alleged bullying.
2.27(b) Making intentionally false reports about bullying is prohibited and must be a
2.28cause for discipline.
2.29 Subd. 4. Interpretation and application. District personnel who comply in good
2.30faith with the provisions of this section are immune from civil or criminal liability that
2.31might otherwise result from their actions.
2.32EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
2.33later.
2.34 Sec. 2. REPEALER.
2.35Minnesota Statutes 2012, section 121A.0695, is repealed.
3.1EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
3.2later.
