Text of MN HF 826 (2014)

1.1A bill for an act 1.2relating to education; providing for safe and supportive schools; authorizing 1.3rulemaking; appropriating money;amending Minnesota Statutes 2012, sections 1.4120B.36, subdivision 1; 121A.55; 121A.69, subdivision 3; 122A.18, subdivision 1.51; 122A.60, subdivisions 1a, 3; 124D.10, subdivision 8; 124D.895, subdivision 1.61; 124D.8955; 125B.15; 127A.42, subdivision 2; proposing coding for new 1.7law in Minnesota Statutes, chapters 121A; 127A; repealing Minnesota Statutes 1.82012, sections 121A.03; 121A.0695. 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. TITLE. 1.11This act may be cited as the "Safe and Supportive Minnesota Schools Act." 1.12 Sec. 2. Minnesota Statutes 2012, section 120B.36, subdivision 1, is amended to read: 1.13 Subdivision 1. School performance report cards. (a) The commissioner 1.14shall report student academic performance under section 120B.35, subdivision 2; the 1.15percentages of students showing low, medium, and high growth under section 120B.35, 1.16subdivision 3 , paragraph (b); school safety and student engagement and connection 1.17under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section 1.18120B.35, subdivision 3 , paragraph (c); two separate student-to-teacher ratios that clearly 1.19indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for 1.20purposes of determining these ratios; staff characteristics excluding salaries; student 1.21enrollment demographics; district mobility; summary data on incidents of student 1.22bullying, cyberbullying, harassment, and intimidation and remedial responses to the 1.23incidents under section 121A.031, subdivision 4, clause (10); and extracurricular 1.24activities. The report also must indicate a school's adequate yearly progress status, and 1.25must not set any designations applicable to high- and low-performing schools due solely 2.1to adequate yearly progress status. The commissioner must use the summary data on 2.2prohibited conduct reported under section 121A.031, subdivision 4, clause (10), to inform 2.3the work of the school climate center under section 127A.052 and to assist districts and 2.4schools in improving the educational outcomes of all students and specific categories of 2.5students affected by such prohibited conduct. 2.6 (b) The commissioner shall develop, annually update, and post on the department 2.7Web site school performance report cards. 2.8 (c) The commissioner must make available performance report cards by the 2.9beginning of each school year. 2.10 (d) A school or district may appeal its adequate yearly progress status in writing to 2.11the commissioner within 30 days of receiving the notice of its status. The commissioner's 2.12decision to uphold or deny an appeal is final. 2.13 (e) School performance report card data are nonpublic data under section 13.02, 2.14subdivision 9 , until the commissioner publicly releases the data. The commissioner shall 2.15annually post school performance report cards to the department's public Web site no later 2.16than September 1, except that in years when the report card reflects new performance 2.17standards, the commissioner shall post the school performance report cards no later than 2.18October 1. 2.19EFFECTIVE DATE.This section is effective for the 2015-2016 school year and 2.20later. 2.21 Sec. 3. [121A.031] SCHOOL POLICY TO PROVIDE SAFE AND SUPPORTIVE 2.22SCHOOLS. 2.23 Subdivision 1. Local and state policy; scope and application. (a) This section 2.24applies to: 2.25(1) conduct on school premises, at school functions or activities, and on school 2.26transportation; 2.27(2) use of electronic technology and communications on school premises, during 2.28school functions or activities, on school transportation, and on school computers, 2.29networks, forums, and mailing lists; and 2.30(3) use of electronic technology and communications off school premises to the 2.31extent such use is reasonably foreseeable to substantially and materially disrupt student 2.32learning or the school environment. 2.33(b) This section applies to school districts as defined in section 121A.41, subdivision 2.343, and schools as defined in section 120A.05, subdivisions 9, 11, 13, and 17, and in 2.35123B.41, subdivision 9, if the school, other than a home school, receives public funds or 3.1other public resources. This act does not apply to a home school under sections 120A.22, 3.2subdivision 4, and 120A.24. 3.3 Subd. 2. Local district and school policy. (a) Districts and schools, in consultation 3.4with students, parents, and community organizations, shall adopt, implement, and annually 3.5review, and revise where appropriate, a written policy to prevent and prohibit student 3.6bullying, cyberbullying, harassment, and intimidation, consistent with this section. The 3.7policy must conform with sections 121A.41 to 121A.56. A district or school must adopt 3.8and implement a local policy under subdivisions 2 to 5 or comply with the provisions of 3.9the state model policy in subdivision 6. 3.10(b) Each local district and school policy must establish research-based, 3.11developmentally appropriate best practices that include preventive and remedial measures 3.12and effective discipline for deterring policy violations; apply throughout the school 3.13community; and foster active student, parent, and community participation. A district or 3.14school may request assistance from the school climate center under section 127A.052 in 3.15complying with local policy requirements. The policy shall: 3.16(1) apply to all students, school personnel, and volunteers; 3.17(2) specifically list the characteristics contained in the definition of prohibited 3.18conduct under subdivision 3, paragraph (f); 3.19(3) emphasize remedial responses over punitive measures; 3.20(4) be conspicuously posted throughout the school building; 3.21(5) be given to each school employee and independent contractor at the time of 3.22employment with the district or school; 3.23(6) be included in the student handbook on school policies; and 3.24(7) be available to all parents and other school community members in accessible 3.25languages and format on the district or school Web site. 3.26 (c) Each district and school under this subdivision must discuss its policy with 3.27students, school personnel, and volunteers and provide training for all school personnel 3.28and volunteers to prevent, identify, and appropriately respond to prohibited conduct. 3.29 (d) Each district and school under this subdivision must submit an electronic copy 3.30of its bullying, cyberbullying, harassment, and intimidation policy to the commissioner 3.31for review. 3.32 Subd. 3. Definitions. (a) The terms defined in this subdivision have the meanings 3.33given them for purposes of this act. 3.34(b) "Bullying" means use of one or a series of words, images, or actions, transmitted 3.35directly or indirectly between individuals or through technology, that a reasonable person 3.36knows or should know, under the circumstances, will have the effect of interfering with 4.1the ability of an individual, including a student who observes the conduct, to participate 4.2in a safe and supportive learning environment. Examples of bullying may include, but 4.3are not limited to, conduct that: 4.4(1) places an individual in reasonable fear of harm to person or property, including 4.5through intimidation; 4.6(2) has a detrimental effect on the physical, social, or emotional health of a student; 4.7(3) interferes with a student's educational performance or ability to participate in 4.8educational opportunities; 4.9(4) encourages the deliberate exclusion of a student from a school service, activity, 4.10or privilege; 4.11(5) creates or exacerbates a real or perceived imbalance of power between students; 4.12(6) violates the reasonable expectation of privacy of one or more individuals; or 4.13(7) relates to the actual or perceived race, ethnicity, color, creed, religion, national 4.14origin, immigration status, sex, age, marital status, familial status, socioeconomic status, 4.15physical appearance, sexual orientation, gender identity and expression, academic status, 4.16disability, or status with regard to public assistance, age, or any additional characteristic 4.17defined in chapter 363A of a person or of a person with whom that person associates, but 4.18the conduct does not rise to the level of harassment. 4.19(c) "Cyberbullying" means bullying through use of technology or any electronic 4.20communication, including, but not limited to, a transfer of signs, signals, writing, images, 4.21sounds, or data, including a post on a social network Internet Web site or forum transmitted 4.22through a computer, cell phone, or other electronic device. 4.23(d) "Harassment" means intimidating or abusive behavior toward an individual based 4.24on actual or perceived race, ethnicity, color, creed, religion, national origin, immigration 4.25status, sex, age, marital status, familial status, socioeconomic status, physical appearance, 4.26sexual orientation, gender identity and expression, academic status, disability, or status 4.27with regard to public assistance, age, or any additional characteristic defined in chapter 4.28363A that creates a hostile environment by interfering with or denying a student or other 4.29individual the ability to participate in or receive a benefit, service, or opportunity in a 4.30district or school program. Harassing conduct is unwelcome if the person does not request 4.31or invite it and considers the conduct to be undesirable or offensive. 4.32(e) "Intimidation" means a method used to bully or harass an individual. 4.33(f) "Prohibited conduct" means bullying, cyberbullying, harassment, or intimidation 4.34as defined under this subdivision, retaliation for asserting or alleging such conduct, 4.35perpetuating such conduct by transmitting hurtful or demeaning material, or engaging in 4.36speech that will materially disrupt a student's learning environment. Prohibited conduct 5.1includes discriminatory conduct based on a person's actual or perceived race, ethnicity, 5.2color, creed, religion, national origin, immigration status, sex, marital status, familial 5.3status, socioeconomic status, physical appearance, sexual orientation, gender identity and 5.4expression, academic status, disability, or status with regard to public assistance, age, 5.5or any additional characteristic defined in chapter 363A, as well as association with a 5.6person or group of persons with one or more of these actual or perceived characteristics; 5.7however, prohibited conduct need not be based on any particular characteristic defined 5.8in this paragraph or chapter 363A. Each district and school must list in their policy the 5.9characteristics identified in this paragraph. 5.10(g) "Remedial response" means a measure to stop and correct prohibited conduct, 5.11prevent prohibited conduct from recurring, and protect, support, and intervene on behalf 5.12of the student who is the target of the prohibited conduct. Districts and schools may 5.13seek the assistance of the school climate center under section 127A.052 to develop and 5.14implement remedial responses on behalf of a student who is the target of prohibited 5.15conduct, to stop and correct a student engaging in prohibited conduct, and for use with 5.16students and adults in the school community. Districts and schools need not report the 5.17use of remedial responses when their use is unrelated to any particular incident of student 5.18bullying, cyberbullying, harassment, or intimidation. 5.19 Subd. 4. Local policy components. (a) Each district and school policy, in 5.20prohibiting bullying, cyberbullying, harassment, and intimidation against all students and 5.21specific categories of students based on actual or perceived characteristics listed under 5.22subdivision 3, paragraph (f), must, at a minimum: 5.23(1) designate a staff member as the primary contact person in the school building 5.24to receive reports of all formal and informal complaints, ensure the policy and its 5.25procedures including restorative practices, consequences, and sanctions are fairly and 5.26fully implemented, and serve as the primary contact on policy and procedural matters 5.27implicating both the district or school and the department; 5.28(2) require school employees and trained volunteers who witness bullying, 5.29cyberbullying, harassment, or intimidation incidents or possess reliable information 5.30that would lead to a reasonable person to suspect that a student is a target of bullying, 5.31cyberbullying, harassment, or intimidation to promptly report that information to the 5.32primary contact person; 5.33(3) provide a procedure to promptly investigate a bullying, cyberbullying, 5.34harassment, or intimidation report within three school days of the report, and make the 5.35primary contact person responsible for the investigation and any resulting record and for 5.36keeping and regulating access to any record; 6.1(4) indicate how a school will respond to an identified incident of bullying, 6.2cyberbullying, harassment, or intimidation, including immediately intervening to protect 6.3the target of the prohibited conduct; at the school administrator's discretion, notifying the 6.4parent of the reported target of the prohibited conduct, the parent of the actor engaged in 6.5the prohibited conduct, or law enforcement officials; providing other remedial responses 6.6to the prohibited conduct; and ensuring that remedial responses are tailored to the 6.7particular incident and nature of the conduct and the student's developmental age and 6.8behavioral history; 6.9(5) prohibit reprisals or retaliation against any person who reports bullying, 6.10cyberbullying, harassment, or intimidation and establish appropriate consequences for a 6.11person who engages in reprisal or retaliation; 6.12(6) allow anonymous reporting but do not rely solely on an anonymous report to 6.13determine discipline; 6.14(7) refer the target, actor, and other affected individuals to counseling and mental 6.15or other health services, as appropriate; 6.16(8) where appropriate for a child with a disability, require the child's individualized 6.17education program or section 504 plan to address the skills and proficiencies the child 6.18needs to respond to prohibited conduct; 6.19(9) use new employee training materials, the school publication on school rules, 6.20procedures, and standards of conduct, and the student handbook on school policies 6.21to publicize the policy; 6.22(10) require annual reporting, collection, and analysis of summary data on incidents 6.23of bullying, cyberbullying, harassment, and intimidation and on remedial responses both 6.24to individuals and throughout the school; and 6.25(11) require ongoing professional development, consistent with section 122A.60, 6.26to build the skills of all school personnel and volunteers, including, but not limited to, 6.27educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic 6.28coaches, extracurricular activities advisors, volunteers, and paraprofessionals to identify, 6.29prevent, and appropriately address bullying, cyberbullying, harassment, and intimidation. 6.30(b) Professional development under a local policy includes, but is not limited to, 6.31information about: 6.32(1) developmentally appropriate strategies both to prevent and to immediately and 6.33effectively intervene to stop bullying, cyberbullying, harassment, and intimidation; 6.34(2) the complex dynamics affecting an actor, target, and witnesses to bullying, 6.35cyberbullying, harassment, and intimidation; 7.1(3) research on bullying, cyberbullying, harassment, and intimidation, including 7.2specific categories of students at risk for bullying, cyberbullying, harassment, and 7.3intimidation in school; 7.4(4) the incidence and nature of cyberbullying; and 7.5(5) Internet safety and cyberbullying. 7.6 Subd. 5. Safe and supportive schools programming. (a) Districts and schools 7.7are encouraged to provide developmentally appropriate programmatic instruction to 7.8help students identify, prevent, and reduce bullying, cyberbullying, harassment, and 7.9intimidation; value diversity in school and society; develop and improve students' 7.10knowledge and skills for solving problems, managing conflict, engaging in civil discourse, 7.11and recognizing, responding to, and reporting prohibited conduct; and make effective 7.12prevention and intervention programs available to students, school personnel, and parents. 7.13Upon request, the school climate center under section 127A.052 must assist a district 7.14or school in helping students understand social media and cyberbullying. Districts 7.15and schools must establish strategies for creating a positive school climate and use 7.16evidence-based social-emotional learning to prevent and reduce discrimination and other 7.17prohibited conduct. 7.18(b) Districts and schools are encouraged to: 7.19(1) engage all students in creating a safe and supportive school environment; 7.20(2) partner with parents and other community members to develop and implement 7.21prevention and intervention programs; 7.22(3) engage all students and adults in integrating education, intervention, and other 7.23remedial responses into the school environment; 7.24(4) train student bystanders to intervene in and report incidents of prohibited conduct 7.25to the school's primary contact person; 7.26(5) teach students to advocate for themselves and others; 7.27(6) prevent inappropriate referrals to special education of students who may engage 7.28in prohibited conduct; and 7.29(7) foster student collaborations that support a healthy and safe school climate. 7.30 Subd. 6. State model policy. (a) The commissioner, in consultation with the 7.31commissioner of human rights, shall develop and maintain a state model policy. A district 7.32or school that does not adopt and implement a local policy under subdivisions 2 to 5 7.33must implement and may supplement the provisions of the state model policy. The 7.34commissioner must assist districts and schools under this subdivision to implement the 7.35state policy. The state model policy must: 8.1(1) define bullying, cyberbullying, harassment, and intimidation, consistent with 8.2this section; 8.3(2) apply the bullying, cyberbullying, harassment, and intimidation policy 8.4components in this section; 8.5(3) for a child with a disability, whenever an evaluation by an individualized 8.6education program team or a section 504 team indicates that the child's disability affects 8.7the child's social skills development or the child is vulnerable to bullying, cyberbullying, 8.8harassment, or intimidation because of the child's disability, the child's individualized 8.9education program or section 504 plan must address the skills and proficiencies the child 8.10needs to avoid and respond to such conduct; and 8.11(4) encourage violence prevention and character development education programs 8.12under section 120B.232, subdivision 1. 8.13(b) The commissioner shall adopt rules to implement this section. 8.14(c) The commissioner shall develop and post departmental procedures for: 8.15(1) periodically reviewing district and school programs and policies for compliance 8.16with this section; 8.17(2) investigating, reporting, and responding to noncompliance with this section, 8.18which may include an annual review of plans to improve and provide a safe and supportive 8.19school climate; 8.20(3) allowing students, parents, and educators to file a complaint about noncompliance 8.21with the commissioner; and 8.22(4) annually publishing statewide summary data on incidents of bullying, 8.23cyberbullying, harassment, and intimidation, consistent with section 120B.36, subdivision 8.241. 8.25 (d) Department records under this subdivision are private data on individuals. An 8.26individual subject of the data shall have access to the data except that the name of a 8.27reporter is confidential. 8.28 (e) The commissioner must post on the department's Web site information indicating 8.29that when districts and schools allow noncurriculum-related student groups access to 8.30school facilities, the district or school must give all student groups equal access to the 8.31school facilities regardless of the content of the group members' speech. 8.32 Subd. 7. Relation to existing law. (a) This section does not: 8.33(1) establish any private right of action; 8.34(2) limit rights currently available to an individual under other civil or criminal law, 8.35including, but not limited to, chapter 363A; or 9.1(3) interfere with a person's rights of free speech and expression under the First 9.2Amendment of the Unites States Constitution. 9.3(b) Disciplinary actions under this section must conform with collective bargaining 9.4agreements and sections 121A.41 to 121A.56. 9.5EFFECTIVE DATE.Subdivision 6, paragraph (b), is effective the day following 9.6final enactment; the remainder of this section applies beginning July 1, 2014. 9.7 Sec. 4. [121A.0315] SAFE AND SUPPORTIVE SCHOOL GRANTS. 9.8 Subdivision 1. Grant program established. The commissioner of education, after 9.9consulting with the commissioners of human rights, human services, and health, shall 9.10establish a safe and supportive schools grant program to enable a school district or school 9.11to implement the requirements in section 121A.031 and foster academic achievement. 9.12All districts and schools participating under section 121A.031 are eligible to apply for a 9.13grant under this section. 9.14 Subd. 2. Grant application. To be eligible to receive a grant, a district or school 9.15must submit an application to the commissioner in the form and manner and according 9.16to the timeline established by the commissioner. The application must describe how 9.17the applicant will create and maintain a safe and supportive school environment and 9.18foster academic achievement given the characteristics and circumstances of its students, 9.19their families, and the school community. The commissioner may require additional 9.20information from the applicant. When reviewing the applications, the commissioner 9.21must determine whether the applicant met the requirements of this section and is able to 9.22meet the requirements of section 121A.031. 9.23 Subd. 3. Grant awards. The commissioner may award grants to eligible applicants 9.24for creating and maintaining a safe and supportive school environment and fostering 9.25academic achievement. Grant amounts may not exceed $....... per resident pupil unit in the 9.26district or school in the prior school year. Grant recipients should be located throughout 9.27the state. 9.28 Subd. 4. Grant proceeds. A grant recipient must use grant funds to create and 9.29maintain a safe and supportive school environment and foster academic achievement 9.30according to the terms of its grant application. 9.31EFFECTIVE DATE.This section is effective for fiscal year 2014 and later. 9.32 Sec. 5. Minnesota Statutes 2012, section 121A.55, is amended to read: 9.33121A.55 POLICIES TO BE ESTABLISHED. 10.1(a) The commissioner of education shall promulgate guidelines to assist each school 10.2board. Each school board shall to establish uniform criteria for dismissal and adopt 10.3written policies and rules to effectuate the purposes of sections 121A.031 and 121A.40 to 10.4121A.56 . The policies shall emphasize preventing dismissals through early detection of 10.5problems and shall be designed to address prevent students' inappropriate behavior from 10.6recurring. The policies shall recognize the continuing responsibility of the school for the 10.7education of to educate the pupil during the dismissal period. The alternative educational 10.8services, if the pupil wishes to take advantage of them, must be adequate to allow the 10.9pupil to make progress towards meeting the graduation standards adopted under section 10.10120B.02 and help prepare the pupil for readmission. 10.11(b) An area learning center under section 123A.05 may not prohibit an expelled or 10.12excluded pupil from enrolling solely because a district expelled or excluded the pupil. The 10.13board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to 10.14exclude a pupil or to require an admission plan. 10.15(c) Each school district shall develop a policy and report it to the commissioner on 10.16the appropriate use of peace officers and crisis teams to remove students who have an 10.17individualized education program from school grounds. 10.18EFFECTIVE DATE.This section is effective July 1, 2014. 10.19 Sec. 6. Minnesota Statutes 2012, section 121A.69, subdivision 3, is amended to read: 10.20 Subd. 3. School board policy. Each school board shall adopt a written policy 10.21governing student or staff hazing. The policy must apply to student behavior that occurs 10.22on or off school property and during and after school hours and be consistent with section 10.23121A.031. The policy must include reporting procedures and disciplinary consequences 10.24for violating the policy. Disciplinary consequences must be sufficiently severe to deter 10.25violations and appropriately discipline prohibited behavior. Disciplinary consequences 10.26must conform with sections 121A.031 and 121A.41 to 121A.56. Each school must include 10.27the policy in the student handbook on school policies. 10.28EFFECTIVE DATE.This section is effective July 1, 2014. 10.29 Sec. 7. Minnesota Statutes 2012, section 122A.18, subdivision 1, is amended to read: 10.30 Subdivision 1. Authority to license. (a) The Board of Teaching must license 10.31teachers, as defined in section 122A.15, subdivision 1, except for supervisory personnel, 10.32as defined in section 122A.15, subdivision 2. 11.1(b) The Board of School Administrators must license supervisory personnel as 11.2defined in section 122A.15, subdivision 2, except for athletic coaches. 11.3(c) Licenses under the jurisdiction of the Board of Teaching, the Board of School 11.4Administrators, and the commissioner of education must be issued through the licensing 11.5section of the department. 11.6(d) The Board of Teaching and the Department of Education must enter into a data 11.7sharing agreement to share educational data at the E-12 level for the limited purpose 11.8of program approval and improvement for teacher education programs. The program 11.9approval process must include targeted redesign of teacher preparation programs to 11.10address identified E-12 student areas of concern. 11.11(e) The Board of School Administrators and the Department of Education must enter 11.12into a data sharing agreement to share educational data at the E-12 level for the limited 11.13purpose of program approval and improvement for education administration programs. 11.14The program approval process must include targeted redesign of education administration 11.15preparation programs to address identified E-12 student areas of concern. 11.16(f) For purposes of the data sharing agreements under paragraphs (d) and (e), 11.17the Board of Teaching, Board of School Administrators, and Department of Education 11.18may share private data, as defined in section 13.02, subdivision 12, on teachers and 11.19school administrators and data on incidents of bullying, cyberbullying, harassment, 11.20and intimidation and remedial responses to the incidents under section 121A.031. The 11.21data sharing agreements must not include educational data, as defined in section 13.32, 11.22subdivision 1 , but may include summary data, as defined in section 13.02, subdivision 19, 11.23derived from educational data. 11.24EFFECTIVE DATE.This section is effective the day following final enactment. 11.25 Sec. 8. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read: 11.26 Subd. 1a. Effective staff development activities. (a) Staff development activities 11.27must: 11.28(1) focus on the school classroom and research-based strategies that improve student 11.29learning; 11.30(2) provide opportunities for teachers to practice and improve their instructional 11.31skills over time; 11.32(3) provide opportunities for teachers to use student data as part of their daily work 11.33to increase student achievement; 12.1(4) enhance teacher content knowledge and instructional skills, including to 12.2accommodate the delivery of digital and blended learning and curriculum and engage 12.3students with technology; 12.4(5) align with state and local academic standards; 12.5(6) provide opportunities to build professional relationships, foster collaboration 12.6among principals and staff who provide instruction, and provide opportunities for 12.7teacher-to-teacher mentoring; and 12.8(7) align with the plan of the district or site for an alternative teacher professional 12.9pay system. 12.10Staff development activities may include curriculum development and curriculum training 12.11programs, and activities that provide teachers and other members of site-based teams 12.12training to enhance team performance. The school district also may implement other 12.13staff development activities required by law and activities associated with professional 12.14teacher compensation models. 12.15(b) Release time provided for teachers to supervise students on field trips and school 12.16activities, or independent tasks not associated with enhancing the teacher's knowledge 12.17and instructional skills, such as preparing report cards, calculating grades, or organizing 12.18classroom materials, may not be counted as staff development time that is financed with 12.19staff development reserved revenue under section 122A.61. 12.20(c) Staff development activities also may include training for school counselors, 12.21social workers, psychologists, and other mental health professionals to support students, 12.22teachers, and school administrators in implementing restorative and reparative best 12.23practices to prevent and appropriately address student bullying, cyberbullying, harassment, 12.24and intimidation, consistent with section 121A.031, subdivision 4, paragraph (b). 12.25EFFECTIVE DATE.This section is effective for the 2014-2015 school year and 12.26later. 12.27 Sec. 9. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read: 12.28 Subd. 3. Staff development outcomes. The advisory staff development committee 12.29must adopt a staff development plan for improving student achievement. The plan must 12.30be consistent with education outcomes that the school board determines. The plan 12.31must include ongoing staff development activities that contribute toward continuous 12.32improvement in achievement of the following goals: 12.33(1) improve student achievement of state and local education standards in all areas 12.34of the curriculum by using best practices methods; 13.1(2) effectively meet the needs of a diverse student population, including at-risk 13.2children, children with disabilities, and gifted children, within the regular classroom 13.3and other settings; 13.4(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse 13.5student population that is consistent with the state education diversity rule and the district's 13.6education diversity plan; 13.7(4) improve staff collaboration and develop mentoring and peer coaching programs 13.8for teachers new to the school or district; 13.9(5) effectively teach and model violence prevention policy and curriculum that 13.10address early intervention alternatives, issues of harassment, annually train all school 13.11staff and school volunteers who regularly interact with students in best practices to 13.12create and maintain a safe and supportive learning environment, consistent with section 13.13121A.031, and teach nonviolent alternatives for conflict resolution, including restorative 13.14and reparative processes; 13.15(6) effectively deliver digital and blended learning and curriculum and engage 13.16students with technology; and 13.17(7) provide teachers and other members of site-based management teams with 13.18appropriate management and financial management skills. 13.19EFFECTIVE DATE.This section is effective for the 2014-2015 school year and 13.20later. 13.21 Sec. 10. Minnesota Statutes 2012, section 124D.10, subdivision 8, is amended to read: 13.22 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all 13.23federal, state, and local health and safety requirements applicable to school districts. 13.24 (b) A school must comply with statewide accountability requirements governing 13.25standards and assessments in chapter 120B. 13.26 (c) A school authorized by a school board may be located in any district, unless the 13.27school board of the district of the proposed location disapproves by written resolution. 13.28 (d) A charter school must be nonsectarian in its programs, admission policies, 13.29employment practices, and all other operations. An authorizer may not authorize a charter 13.30school or program that is affiliated with a nonpublic sectarian school or a religious 13.31institution. A charter school student must be released for religious instruction, consistent 13.32with section 120A.22, subdivision 12, clause (3). 13.33 (e) Charter schools must not be used as a method of providing education or 13.34generating revenue for students who are being home-schooled. This paragraph does not 13.35apply to shared time aid under section 126C.19. 14.1 (f) The primary focus of a charter school must be to provide a comprehensive 14.2program of instruction for at least one grade or age group from five through 18 years 14.3of age. Instruction may be provided to people younger than five years and older than 14.418 years of age. 14.5 (g) A charter school may not charge tuition. 14.6 (h) A charter school is subject to and must comply with chapter 363A and section 14.7121A.04 . 14.8 (i) A charter school is subject to and must comply with the Pupil Fair Dismissal 14.9Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 14.10123B.34 to 123B.39. 14.11 (j) A charter school is subject to the same financial audits, audit procedures, and 14.12audit requirements as a district. Audits must be conducted in compliance with generally 14.13accepted governmental auditing standards, the federal Single Audit Act, if applicable, 14.14and section 6.65. A charter school is subject to and must comply with sections 15.054; 14.15118A.01 ; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and 14.16471.425 . The audit must comply with the requirements of sections 123B.75 to 123B.83, 14.17except to the extent deviations are necessary because of the program at the school. 14.18Deviations must be approved by the commissioner and authorizer. The Department of 14.19Education, state auditor, legislative auditor, or authorizer may conduct financial, program, 14.20or compliance audits. A charter school determined to be in statutory operating debt under 14.21sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4. 14.22 (k) A charter school is a district for the purposes of tort liability under chapter 466. 14.23 (l) A charter school must comply with chapters 13 and 13D; and sections 120A.22, 14.24subdivision 7 ; 121A.75; and 260B.171, subdivisions 3 and 5. 14.25 (m) A charter school is subject to the Pledge of Allegiance requirement under 14.26section 121A.11, subdivision 3. 14.27 (n) A charter school offering online courses or programs must comply with section 14.28124D.095 . 14.29 (o) A charter school and charter school board of directors are subject to chapter 181. 14.30 (p) A charter school must comply with section 120A.22, subdivision 7, governing 14.31the transfer of students' educational records and sections 138.163 and 138.17 governing 14.32the management of local records. 14.33 (q) A charter school that provides early childhood health and developmental 14.34screening must comply with sections 121A.16 to 121A.19. 14.35(r) A charter school that provides school-sponsored youth athletic activities must 14.36comply with section 121A.38. 15.1(s) A charter school must comply with section 121A.031 governing policies on 15.2student bullying, cyberbullying, harassment, and intimidation. 15.3EFFECTIVE DATE.This section is effective July 1, 2014. 15.4 Sec. 11. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read: 15.5 Subdivision 1. Program goals. The department, in consultation with the state 15.6curriculum advisory committee, must develop guidelines and model plans for parental 15.7involvement programs that will: 15.8(1) engage the interests and talents of parents or guardians in recognizing and 15.9meeting the emotional, intellectual, and physical needs of their school-age children; 15.10(2) promote healthy self-concepts among parents or guardians and other family 15.11members; 15.12(3) offer parents or guardians a chance to share and learn about educational skills, 15.13techniques, and ideas; 15.14(4) provide creative learning experiences for parents or guardians and their 15.15school-age children, including involvement from parents or guardians of color; 15.16(5) encourage parents to actively participate in their district's curriculum advisory 15.17committee under section 120B.11 in order to assist the school board in improving 15.18children's education programs; and 15.19(6) encourage parents to help in promoting school desegregation/integration; and 15.20(7) partner with parents in establishing a positive school climate by developing and 15.21implementing prevention and intervention programs on student bullying, cyberbullying, 15.22harassment, and intimidation under section 121A.031. 15.23EFFECTIVE DATE.This section is effective the day following final enactment. 15.24 Sec. 12. Minnesota Statutes 2012, section 124D.8955, is amended to read: 15.25124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY. 15.26 (a) In order to promote and support student achievement, a local school board is 15.27encouraged to formally adopt and implement a parent and family involvement policy that 15.28promotes and supports: 15.29 (1) communication between home and school that is regular, two-way, and 15.30meaningful; 15.31 (2) parenting skills; 15.32 (3) parents and caregivers who play an integral role in assisting student learning and 15.33learn about fostering students' academic success and learning at home and school; 16.1 (4) welcoming parents in the school and seeking their support and assistance; 16.2 (5) partnerships with parents in the decisions that affect children and families 16.3in the schools; and 16.4 (6) providing community resources to strengthen schools, families, and student 16.5learning, including establishing a positive school climate by developing and implementing 16.6prevention and intervention programs on student bullying, cyberbullying, harassment, 16.7and intimidation under section 121A.031. 16.8 (b) A school board that implements a parent and family involvement policy under 16.9paragraph (a) must convene an advisory committee composed of an equal number of 16.10resident parents who are not district employees and school staff to make recommendations 16.11to the board on developing and evaluating the board's parent and family involvement 16.12policy. If possible, the advisory committee must represent the diversity of the district. The 16.13advisory committee must consider the district's demographic diversity and barriers to 16.14parent involvement when developing its recommendations. The advisory committee must 16.15recommend to the school board and district or school how programs serving children and 16.16adolescents can collaborate on: 16.17(1) understanding normal child and adolescent development; 16.18(2) encouraging healthy communication between parents and children; 16.19(3) managing students' behavior through positive reinforcement; 16.20(4) establishing expectations for student behavior; 16.21(5) providing media and Internet guidance, limits, and supervision; and 16.22(6) promoting resilience and reducing risks for children. 16.23The advisory committee must present its recommendations to the board for board 16.24consideration. 16.25 (c) The board must consider best practices when implementing this policy. 16.26 (d) The board periodically must review this policy to determine whether it is aligned 16.27with the most current research findings on parent involvement policies and practices and 16.28how effective the policy is in supporting increased student achievement. 16.29 (e) Nothing in this section obligates a school district to exceed any parent or family 16.30involvement requirement under federal law. 16.31EFFECTIVE DATE.This section is effective the day following final enactment. 16.32 Sec. 13. Minnesota Statutes 2012, section 125B.15, is amended to read: 16.33125B.15 INTERNET ACCESS FOR STUDENTS. 17.1 (a) Recognizing the difference between school libraries, school computer labs, and 17.2school media centers, which serve unique educational purposes, and public libraries, 17.3which are designed for public inquiry, all computers at a school site with access to the 17.4Internet available for student use must be equipped to restrict, including by use of 17.5available software filtering technology or other effective methods, all student access 17.6to material that is reasonably believed to be obscene or child pornography or material 17.7harmful to minors under federal or state law. 17.8 (b) A school site is not required to purchase filtering technology if the school site 17.9would incur more than incidental expense in making the purchase. 17.10 (c) A school district receiving technology revenue under section 125B.26 must 17.11prohibit, including through use of available software filtering technology or other effective 17.12methods, adult access to material that under federal or state law is reasonably believed to 17.13be obscene or child pornography. 17.14 (d) A school district, its agents or employees, are immune from liability for failure 17.15to comply with this section if they have made a good faith effort to comply with the 17.16requirements of this section. 17.17 (e) "School site" means an education site as defined in section 123B.04, subdivision 17.181 , or charter school under section 124D.10. 17.19 (f) All school sites having computers with Internet access must adopt and implement 17.20a policy to prohibit cyberbullying, consistent with section 121A.031. 17.21EFFECTIVE DATE.This section is effective for the 2014-2015 school year and 17.22later. 17.23 Sec. 14. [127A.051] COUNCIL TO ADVANCE SAFE AND SUPPORTIVE 17.24SCHOOLS AND PREVENT STUDENT BULLYING. 17.25 Subdivision 1. Creation. A council to advance safe and supportive schools and 17.26prevent student bullying, designated as the Minnesota Safe and Supportive Schools 17.27Council, is hereby created. 17.28 Subd. 2. Membership. The council members are the commissioners of education, 17.29human rights, health, human services, and public safety, or their designees, and other 17.30state agency representatives that council members determine are needed to accomplish 17.31this section. 17.32 Subd. 3. Council activities. The council shall help develop a comprehensive, 17.33coordinated, data-driven process to advance healthy, safe, and supportive school 17.34communities; prevent and respond to student bullying, cyberbullying, harassment, and 17.35intimidation, consistent with section 121A.031; and improve and expand appropriate 18.1and effective staff training and student and community awareness sufficient to provide a 18.2learning environment in Minnesota schools where all students can succeed. Council 18.3activities shall include: 18.4(1) establishing multisystem norms and standards for prevention, intervention, 18.5and support; 18.6(2) promoting evidence-based and promising policy and best practices options; 18.7(3) supporting school and public mental health initiatives consistent with council 18.8activities; and 18.9(4) coordinating interagency actions, decisions, plans, monitoring, implementation 18.10efforts, acquisitions, and resources implicated in the council's activities. 18.11 Subd. 4. Council chair. The commissioner of education shall serve as council chair. 18.12 Subd. 5. Staff support. The council shall have the authority to request and require 18.13staff support from all agencies of state government as needed to execute the council's 18.14activities. The support shall be provided based upon an annual work plan developed by 18.15the council and submitted to the commissioner of education. 18.16EFFECTIVE DATE.This section is effective beginning July 1, 2013. 18.17 Sec. 15. [127A.052] SCHOOL CLIMATE CENTER. 18.18(a) The commissioner shall establish a school climate center at the department to 18.19help districts and schools under section 121A.031 provide a safe and supportive learning 18.20environment and foster academic achievement for all students by focusing on prevention, 18.21intervention, support, and recovery. The center must work collaboratively with implicated 18.22state agencies identified by the center and schools, communities, and interested individuals 18.23and organizations to determine how to best use available resources. 18.24(b) The center's services shall include: 18.25(1) evidence-based policy review, development, and dissemination; 18.26(2) single, point-of-contact services for schools, parents, and students seeking 18.27information or other help; 18.28(3) qualitative and quantitative data gathering, interpretation, and dissemination of 18.29summary data for existing reporting systems and student surveys and the identification 18.30and pursuit of emerging trends and issues; 18.31(4) assistance to districts and schools in using Minnesota student survey results to 18.32inform intervention and prevention programs; 18.33(5) education and skill building; 18.34(6) multisector and multiagency planning and advisory activities incorporating 18.35best practices and research; and 19.1(7) administrative and financial support for school site-based planning, school sites 19.2recovering from incidents of violence, and violence prevention education. 19.3(c) The center shall: 19.4(1) compile and make available to all districts and schools evidence-based elements 19.5and resources to develop and maintain safe and supportive schools; 19.6(2) establish and maintain a central repository for collecting and analyzing 19.7information about bullying, cyberbullying, harassment, and intimidation, including, but 19.8not limited to: 19.9(i) training materials on strategies and techniques to prevent and appropriately 19.10address prohibited conduct; 19.11(ii) model programming; 19.12(iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph 19.13(g); and 19.14(iv) other resources for improving the school climate and preventing bullying, 19.15cyberbullying, harassment, and intimidation; 19.16(3) assist districts and schools to develop strategies and techniques for effectively 19.17communicating with and engaging parents in efforts to protect students from bullying, 19.18cyberbullying, harassment, and intimidation by other students and adults; and 19.19(4) solicit input from social media experts on implementing this section. 19.20(d) The commissioner shall provide administrative services including personnel, 19.21budget, payroll and contract services, and staff support for center activities including 19.22developing and disseminating materials, providing seminars, and developing and 19.23maintaining a Web site. Center staff shall include a center director, a data analyst 19.24coordinator, and trainers who provide training to affected state and local organizations 19.25under a fee-for-service agreement. The financial, administrative, and staff support the 19.26commissioner provides under this section must be based on an annual budget and work 19.27program developed by the center and submitted to the commissioner by the center director. 19.28EFFECTIVE DATE.This section is effective beginning July 1, 2013. 19.29 Sec. 16. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read: 19.30 Subd. 2. Violations of law. The commissioner may reduce or withhold the district's 19.31state aid for any school year whenever the board of the district authorizes or permits 19.32violations of law within the district by: 19.33(1) employing a teacher who does not hold a valid teaching license or permit in a 19.34public school; 20.1(2) noncompliance with a mandatory rule of general application promulgated by the 20.2commissioner in accordance with statute, unless special circumstances make enforcement 20.3inequitable, impose an extraordinary hardship on the district, or the rule is contrary to 20.4the district's best interests; 20.5(3) the district's continued performance of a contract made for the rental of rooms 20.6or buildings for school purposes or for the rental of any facility owned or operated by or 20.7under the direction of any private organization, if the contract has been disapproved, the 20.8time for review of the determination of disapproval has expired, and no proceeding for 20.9review is pending; 20.10(4) any practice which is a violation of sections 1 and 2 of article 13 of the 20.11Constitution of the state of Minnesota; 20.12(5) failure to reasonably provide for a resident pupil's school attendance under 20.13Minnesota Statutes; 20.14(6) noncompliance with state laws prohibiting discrimination because of race, 20.15color, creed, religion, national origin, sex, age, marital status, status with regard to 20.16public assistance or, disability, as defined in sections 363A.08 to 363A.19 and 363A.28, 20.17subdivision 10 , or with state law prohibiting student bullying, cyberbullying, harassment, 20.18and intimidation under section 121A.031; or 20.19(7) using funds contrary to the statutory purpose of the funds. 20.20The reduction or withholding must be made in the amount and upon the procedure 20.21provided in this section, or, in the case of the violation stated in clause (1), upon the 20.22procedure provided in section 127A.43. 20.23EFFECTIVE DATE.This section is effective July 1, 2014. 20.24 Sec. 17. APPROPRIATIONS. 20.25(a) $....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from 20.26the general fund to the commissioner of education for the school climate center under 20.27Minnesota Statutes, section 127A.052. 20.28(b) $....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from 20.29the general fund to the commissioner of education for grants to districts and schools to 20.30provide safe and supportive learning environments and foster academic achievement for 20.31all students under Minnesota Statutes, section 121A.0315. 20.32EFFECTIVE DATE.This section is effective July 1, 2013. 20.33 Sec. 18. REPEALER. 21.1Minnesota Statutes 2012, sections 121A.03; and 121A.0695, are repealed effective 21.2July 1, 2014.

1.1A bill for an act 1.2relating to education; providing for safe and supportive schools by prohibiting 1.3bullying; amending Minnesota Statutes 2012, sections 124D.895, subdivision 1; 1.4124D.8955; Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 1.58; proposing coding for new law in Minnesota Statutes, chapters 121A; 127A; 1.6repealing Minnesota Statutes 2012, section 121A.0695. 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. [121A.031] SCHOOL STUDENT BULLYING POLICY. 1.9 Subdivision 1. Student bullying policy; scope and application. (a) This section 1.10applies to bullying by a student against another student enrolled in a public school and 1.11which occurs: 1.12(1) on the school premises, at the school functions or activities, or on the school 1.13transportation; 1.14(2) by use of electronic technology and communications on the school premises, 1.15during the school functions or activities, on the school transportation, or on the school 1.16computers, networks, forums, and mailing lists; or 1.17(3) by use of electronic technology and communications off the school premises to 1.18the extent such use substantially and materially disrupts student learning or the school 1.19environment. 1.20(b) A nonpublic school under section 123B.41, subdivision 9, consistent with its 1.21school accreditation cycle, is encouraged to electronically transmit to the commissioner its 1.22antibullying policy, if any, and any summary data on its bullying incidents. 1.23(c) This section does not apply to a home school under sections 120A.22, subdivision 1.244, and 120A.24, or a nonpublic school under section 123B.41, subdivision 9. 2.1 (d) A school-aged child who voluntarily participates in a public school activity such 2.2as a co-curricular or extra-curricular activity, is subject to the same student bullying policy 2.3provisions applicable to the public school students participating in the activity. 2.4 Subd. 2. Definitions. (a) For purposes of this section, the following terms have 2.5the meanings given them. 2.6 (b) "District" means a district under section 120A.05, subdivision 8. 2.7 (c) "Public school" or "school" means a public school under section 120A.05, 2.8subdivisions 9, 11, 13, and 17, and a charter school under section 124D.10. 2.9 (d) "Student" means a student enrolled in a school under paragraph (c). 2.10 (e) "Bullying" means intimidating, threatening, abusive, or harming conduct that is 2.11objectively offensive and: 2.12 (1) there is an actual or perceived imbalance of power between the student engaging 2.13in prohibited conduct and the target of the behavior and the conduct is repeated or forms a 2.14pattern; or 2.15 (2) materially and substantially interferes with a student's educational opportunities 2.16or performance or ability to participate in school functions or activities or receive school 2.17benefits, services, or privileges. 2.18 (f) "Cyberbullying" means bullying using technology or other electronic 2.19communication, including, but not limited to, a transfer of a sign, signal, writing, image, 2.20sound, or data, including a post on a social network Internet Web site or forum, transmitted 2.21through a computer, cell phone, or other electronic device. 2.22 (g) Intimidating, threatening, abusive, or harming conduct may involve, but is not 2.23limited to, conduct that causes physical harm to a student or a student's property or 2.24causes a student to be in reasonable fear of harm to person or property; under Minnesota 2.25common law, violates a student's reasonable expectation of privacy, defames a student, 2.26or constitutes intentional infliction of emotional distress against a student; is directed at 2.27any student or students, including those based on a person's actual or perceived race, 2.28ethnicity, color, creed, religion, national origin, immigration status, sex, marital status, 2.29familial status, socioeconomic status, physical appearance, sexual orientation, including 2.30gender identity and expression, academic status related to student performance, disability, 2.31or status with regard to public assistance, age, or any additional characteristic defined 2.32in chapter 363A. However, prohibited conduct need not be based on any particular 2.33characteristic defined in this paragraph or chapter 363A. 2.34 (h) "Prohibited conduct" means bullying or cyberbullying as defined under this 2.35subdivision or retaliation for asserting, alleging, reporting, or providing information about 2.36such conduct or knowingly making a false report about bullying. 3.1 (i) "Remedial response" means a measure to stop and correct prohibited conduct, 3.2prevent prohibited conduct from recurring, and protect, support, and intervene on behalf 3.3of the student who is the target of the prohibited conduct. Districts and schools may seek 3.4the assistance of the school safety technical assistance center under section 127A.052 to 3.5develop and implement remedial responses on behalf of a student who is the target of 3.6prohibited conduct, to stop and correct a student engaging in prohibited conduct, and for 3.7use with students and adults in the school community. 3.8 Subd. 3. Local district and school policy. (a) Districts and schools, in consultation 3.9with students, parents, and community organizations, to the extent practicable, shall adopt, 3.10implement, and, on a cycle consistent with other district policies, review, and revise where 3.11appropriate, a written policy to prevent and prohibit student bullying consistent with this 3.12section. The policy must conform with sections 121A.41 to 121A.56. A district or school 3.13must adopt and implement a local policy under subdivisions 3 to 5 or comply with the 3.14provisions of the 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 safety technical assistance center under 3.20section 127A.052 in complying with local policy requirements. The policy shall: 3.21(1) define the roles and responsibilities of students, school personnel, and volunteers 3.22under the policy; 3.23(2) specifically list the characteristics contained in subdivision 2, paragraph (g); 3.24(3) emphasize remedial responses; 3.25(4) be conspicuously posted in the administrative offices of the school and school 3.26district in summary form; 3.27(5) be given to each school employee and independent contractor, if a contractor 3.28regularly interacts with students, at the time of employment with the district or school; 3.29(6) be included in the student handbook on school policies; and 3.30(7) be available to all parents and other school community members in an electronic 3.31format in the languages appearing on the district or school Web site, consistent with 3.32the district policies and practices. 3.33 (c) Consistent with its applicable policies and practices, Each district and school 3.34under this subdivision must discuss its policy with students, school personnel, and 3.35volunteers and provide appropriate training for all school personnel to prevent, identify, 3.36and respond to prohibited conduct. Districts and schools must establish a training cycle, 4.1not to exceed a period of three school years, for school personnel under this paragraph. 4.2Newly employed school personnel must receive the training within the first year of their 4.3employment with the district or school. A district or school administrator may accelerate 4.4the training cycle or provide additional training based on a particular need or circumstance. 4.5 (d) Each district and school under this subdivision must submit an electronic copy of 4.6its prohibited conduct policy to the commissioner. 4.7 Subd. 4. Local policy components. (a) Each district and school policy implemented 4.8under this section must, at a minimum: 4.9(1) designate a staff member as the primary contact person in the school building 4.10to receive reports of prohibited conduct under clause (3), ensure the policy and its 4.11procedures including restorative practices, consequences, and sanctions are fairly and 4.12fully implemented, and serve as the primary contact on policy and procedural matters 4.13implicating both the district or school and the department; 4.14(2) require school employees who witness prohibited conduct or possess reliable 4.15information that would lead a reasonable person to suspect that a student is a target of 4.16prohibited conduct to make reasonable efforts to address and resolve the prohibited conduct; 4.17(3) provide a procedure to begin to investigate reports of prohibited conduct within 4.18three school days of the report, and make the primary contact person responsible for the 4.19investigation and any resulting record and for keeping and regulating access to any record; 4.20(4) indicate how a school will respond to an identified incident of prohibited 4.21conduct, including immediately intervening to protect the target of the prohibited 4.22conduct; at the school administrator's discretion and consistent with state and federal 4.23data practices law governing access to data, including section 13.02, subdivision 8, a 4.24presumption that a district or school official will notify the parent of the reported target 4.25of the prohibited conduct and the parent of the actor engaged in the prohibited conduct; 4.26providing other remedial responses to the prohibited conduct; and ensuring that remedial 4.27responses are tailored to the particular incident and nature of the conduct and the student's 4.28developmental age and behavioral history; 4.29(5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports 4.30prohibited conduct or provides information about such conduct and establish appropriate 4.31consequences for a person who engages in reprisal or retaliation; 4.32(6) allow anonymous reporting but do not rely solely on an anonymous report to 4.33determine discipline; 4.34(7) provide information about available community resources to the target, actor, 4.35and other affected individuals, as appropriate; 5.1(8) where appropriate for a child with a disability to prevent or respond to prohibited 5.2conduct, allow the child's individualized education program or section 504 plan to address 5.3the skills and proficiencies the child needs to respond to or not engage in prohibited conduct; 5.4(9) use new employee training materials, the school publication on school rules, 5.5procedures, and standards of conduct, and the student handbook on school policies 5.6to publicize the policy; 5.7(10) require ongoing professional development, consistent with section 122A.60, to 5.8build the skills of all school personnel who regularly interact with students, including, but 5.9not limited to, educators, administrators, school counselors, social workers, psychologists, 5.10other school mental health professionals, school nurses, cafeteria workers, custodians, 5.11bus drivers, athletic coaches, extracurricular activities advisors, and paraprofessionals to 5.12identify, prevent, and appropriately address prohibited conduct; 5.13(11) allow the alleged actor in an investigation of prohibited conduct to present 5.14a defense; and 5.15(12) inform affected students and their parents of their rights under state and federal 5.16data practices laws to obtain access to data related to the incident and their right to contest 5.17the accuracy or completeness of the data. 5.18(b) Professional development under a local policy includes, but is not limited to, 5.19information about: 5.20(1) developmentally appropriate strategies both to prevent and to immediately and 5.21effectively intervene to stop prohibited conduct; 5.22(2) the complex dynamics affecting an actor, target, and witnesses to prohibited 5.23conduct; 5.24(3) research on prohibited conduct, including specific categories of students at risk 5.25for prohibited conduct in school; 5.26(4) the incidence and nature of cyberbullying; and 5.27(5) Internet safety and cyberbullying. 5.28 Subd. 5. Safe and supportive schools programming. (a) Districts and schools 5.29are encouraged to provide developmentally appropriate programmatic instruction to 5.30help students identify, prevent, and reduce prohibited conduct; value diversity in school 5.31and society; develop and improve students' knowledge and skills for solving problems, 5.32managing conflict, engaging in civil discourse, and recognizing, responding to, and 5.33reporting prohibited conduct; and make effective prevention and intervention programs 5.34available to students. Upon request, the school safety technical assistance center under 5.35section 127A.052 must assist a district or school in helping students understand social 5.36media and cyberbullying. Districts and schools must establish strategies for creating a 6.1positive school climate and use evidence-based social-emotional learning to prevent and 6.2reduce discrimination and other improper conduct. 6.3(b) Districts and schools are encouraged to: 6.4(1) engage all students in creating a safe and supportive school environment; 6.5(2) partner with parents and other community members to develop and implement 6.6prevention and intervention programs; 6.7(3) engage all students and adults in integrating education, intervention, and other 6.8remedial responses into the school environment; 6.9(4) train student bystanders to intervene in and report incidents of prohibited conduct 6.10to the school's primary contact person; 6.11(5) teach students to advocate for themselves and others; 6.12(6) prevent inappropriate referrals to special education of students who may engage 6.13in prohibited conduct; and 6.14(7) foster student collaborations that foster a safe and supportive school climate. 6.15 Subd. 6. State model policy. (a) The commissioner, in consultation with the 6.16commissioner of human rights, shall develop and maintain a state model policy. A district 6.17or school that does not adopt and implement a local policy under subdivisions 3 to 5 6.18must implement and may supplement the provisions of the state model policy. The 6.19commissioner must assist districts and schools under this subdivision to implement the 6.20state policy. The state model policy must: 6.21(1) define prohibited conduct, consistent with this section; 6.22(2) apply the prohibited conduct policy components in this section; 6.23(3) for a child with a disability, whenever an evaluation by an individualized 6.24education program team or a section 504 team indicates that the child's disability affects 6.25the child's social skills development or the child is vulnerable to prohibited conduct 6.26because of the child's disability, the child's individualized education program or section 6.27504 plan may address the skills and proficiencies the child needs to not engage in and 6.28respond to such conduct; and 6.29(4) encourage violence prevention and character development education programs 6.30under section 120B.232, subdivision 1. 6.31(b) The commissioner shall develop and post departmental procedures for: 6.32(1) periodically reviewing district and school programs and policies for compliance 6.33with this section; 6.34(2) investigating, reporting, and responding to noncompliance with this section, 6.35which may include an annual review of plans to improve and provide a safe and supportive 6.36school climate; and 7.1(3) allowing students, parents, and educators to file a complaint about noncompliance 7.2with the commissioner. 7.3 (c) The commissioner must post on the department's Web site information indicating 7.4that when districts and schools allow noncurriculum-related student groups access to 7.5school facilities, the district or school must give all student groups equal access to the 7.6school facilities regardless of the content of the group members' speech. 7.7 Subd. 7. Relation to existing law. This section does not: 7.8(1) establish any private right of action; 7.9(2) limit rights currently available to an individual under other civil or criminal law, 7.10including, but not limited to, chapter 363A; or 7.11(3) interfere with a person's rights of religious expression and free speech and 7.12expression under the First Amendment of the Unites States Constitution. 7.13EFFECTIVE DATE.This section is effective for the 2014-2015 school year and 7.14later. 7.15 Sec. 2. [121A.0311] NOTICE OF THE RIGHTS AND RESPONSIBILITIES 7.16OF STUDENTS AND PARENTS UNDER THE SAFE AND SUPPORTIVE 7.17MINNESOTA SCHOOLS ACT. 7.18A district or school subject to section 121A.031 must include in the student 7.19discipline policy it distributes or otherwise transmits to students and their parents annually 7.20at the beginning of each school year notice about the rights and responsibilities of students 7.21and their parents under the Safe and Supportive Minnesota Schools Act. 7.22EFFECTIVE DATE.This section is effective for the 2014-2015 school year and 7.23later. 7.24 Sec. 3. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 8, is 7.25amended to read: 7.26 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all 7.27federal, state, and local health and safety requirements applicable to school districts. 7.28 (b) A school must comply with statewide accountability requirements governing 7.29standards and assessments in chapter 120B. 7.30 (c) A school authorized by a school board may be located in any district, unless the 7.31school board of the district of the proposed location disapproves by written resolution. 7.32 (d) A charter school must be nonsectarian in its programs, admission policies, 7.33employment practices, and all other operations. An authorizer may not authorize a charter 8.1school or program that is affiliated with a nonpublic sectarian school or a religious 8.2institution. A charter school student must be released for religious instruction, consistent 8.3with section 120A.22, subdivision 12, clause (3). 8.4 (e) Charter schools must not be used as a method of providing education or 8.5generating revenue for students who are being home-schooled. This paragraph does not 8.6apply to shared time aid under section 126C.19. 8.7 (f) The primary focus of a charter school must be to provide a comprehensive 8.8program of instruction for at least one grade or age group from five through 18 years 8.9of age. Instruction may be provided to people younger than five years and older than 8.1018 years of age. 8.11 (g) A charter school may not charge tuition. 8.12 (h) A charter school is subject to and must comply with chapter 363A and section 8.13121A.04 . 8.14 (i) A charter school is subject to and must comply with the Pupil Fair Dismissal 8.15Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 8.16123B.34 to 123B.39. 8.17 (j) A charter school is subject to the same financial audits, audit procedures, and 8.18audit requirements as a district, except as required under subdivision 6a. Audits must be 8.19conducted in compliance with generally accepted governmental auditing standards, the 8.20federal Single Audit Act, if applicable, and section 6.65. A charter school is subject 8.21to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04; 8.22118A.05 ; 118A.06; 471.38; 471.391; 471.392; and 471.425. The audit must comply with 8.23the requirements of sections 123B.75 to 123B.83, except to the extent deviations are 8.24necessary because of the program at the school. Deviations must be approved by the 8.25commissioner and authorizer. The Department of Education, state auditor, legislative 8.26auditor, or authorizer may conduct financial, program, or compliance audits. A charter 8.27school determined to be in statutory operating debt under sections 123B.81 to 123B.83 8.28must submit a plan under section 123B.81, subdivision 4. 8.29 (k) A charter school is a district for the purposes of tort liability under chapter 466. 8.30 (l) A charter school must comply with chapters 13 and 13D; and sections 120A.22, 8.31subdivision 7 ; 121A.75; and 260B.171, subdivisions 3 and 5. 8.32 (m) A charter school is subject to the Pledge of Allegiance requirement under 8.33section 121A.11, subdivision 3. 8.34 (n) A charter school offering online courses or programs must comply with section 8.35124D.095 . 8.36 (o) A charter school and charter school board of directors are subject to chapter 181. 9.1 (p) A charter school must comply with section 120A.22, subdivision 7, governing 9.2the transfer of students' educational records and sections 138.163 and 138.17 governing 9.3the management of local records. 9.4 (q) A charter school that provides early childhood health and developmental 9.5screening must comply with sections 121A.16 to 121A.19. 9.6 (r) A charter school that provides school-sponsored youth athletic activities must 9.7comply with section 121A.38. 9.8 (s) A charter school is subject to and must comply with continuing truant notification 9.9under section 260A.03. 9.10(t) A charter school must develop and implement a teacher evaluation and peer 9.11review process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (12). 9.12(u) A charter school must adopt a policy, plan, budget, and process, consistent with 9.13section 120B.11, to review curriculum, instruction, and student achievement and strive 9.14for the world's best workforce. 9.15(v) A charter school must comply with section 121A.031 governing policies on 9.16prohibited conduct. 9.17EFFECTIVE DATE.This section is effective for the 2014-2015 school year and 9.18later. 9.19 Sec. 4. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read: 9.20 Subdivision 1. Program goals. The department, in consultation with the state 9.21curriculum advisory committee, must develop guidelines and model plans for parental 9.22involvement programs that will: 9.23(1) engage the interests and talents of parents or guardians in recognizing and 9.24meeting the emotional, intellectual, and physical needs of their school-age children; 9.25(2) promote healthy self-concepts among parents or guardians and other family 9.26members; 9.27(3) offer parents or guardians a chance to share and learn about educational skills, 9.28techniques, and ideas; 9.29(4) provide creative learning experiences for parents or guardians and their 9.30school-age children, including involvement from parents or guardians of color; 9.31(5) encourage parents to actively participate in their district's curriculum advisory 9.32committee under section 120B.11 in order to assist the school board in improving 9.33children's education programs; and 9.34(6) encourage parents to help in promoting school desegregation/integration; and 10.1(7) partner with parents in establishing a positive school climate by developing 10.2and implementing prevention and intervention programs on prohibited conduct under 10.3section 121A.031. 10.4EFFECTIVE DATE.This section is effective the day following final enactment. 10.5 Sec. 5. Minnesota Statutes 2012, section 124D.8955, is amended to read: 10.6124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY. 10.7 (a) In order to promote and support student achievement, a local school board is 10.8encouraged to formally adopt and implement a parent and family involvement policy that 10.9promotes and supports: 10.10 (1) communication between home and school that is regular, two-way, and 10.11meaningful; 10.12 (2) parenting skills; 10.13 (3) parents and caregivers who play an integral role in assisting student learning and 10.14learn about fostering students' academic success and learning at home and school; 10.15 (4) welcoming parents in the school and seeking their support and assistance; 10.16 (5) partnerships with parents in the decisions that affect children and families 10.17in the schools; and 10.18 (6) providing community resources to strengthen schools, families, and student 10.19learning, including establishing a safe and supportive school climate by developing and 10.20implementing prevention and intervention programs on prohibited conduct under section 10.21121A.031. 10.22 (b) A school board that implements a parent and family involvement policy under 10.23paragraph (a) must convene an advisory committee composed of an equal number of 10.24resident parents who are not district employees and school staff to make recommendations 10.25to the board on developing and evaluating the board's parent and family involvement 10.26policy. If possible, the advisory committee must represent the diversity of the district. The 10.27advisory committee must consider the district's demographic diversity and barriers to 10.28parent involvement when developing its recommendations. The advisory committee must 10.29recommend to the school board and district or school how programs serving children and 10.30adolescents can collaborate on: 10.31(1) understanding child and adolescent development; 10.32(2) encouraging healthy communication between parents and children; 10.33(3) managing students' behavior through positive reinforcement; 10.34(4) establishing expectations for student behavior; 11.1(5) providing media and Internet limits and supervision; and 11.2(6) promoting resilience and reducing risks for children. 11.3The advisory committee must present its recommendations to the board for board 11.4consideration. 11.5 (c) The board must consider best practices when implementing this policy. 11.6 (d) The board periodically must review this policy to determine whether it is aligned 11.7with the most current research findings on parent involvement policies and practices and 11.8how effective the policy is in supporting increased student achievement. 11.9 (e) Nothing in this section obligates a school district to exceed any parent or family 11.10involvement requirement under federal law. 11.11EFFECTIVE DATE.This section is effective the day following final enactment. 11.12 Sec. 6. [127A.051] SCHOOL SAFETY TECHNICAL ASSISTANCE COUNCIL. 11.13 Subdivision 1. Establishment and membership; terms. (a) A 23-member 11.14multiagency leadership council is established to improve school climate and school 11.15safety so that all Minnesota students in prekindergarten through grade 12 schools and 11.16higher education institutions have a safe and supportive learning environment in order to 11.17maximize each student's learning potential. 11.18(b) The council shall consist of: 11.19(1) the commissioners or their designees from the Departments of Education, 11.20Health, Human Rights, Human Services, Public Safety, and Corrections, and the Office of 11.21Higher Education; 11.22(2) one representative each from the Minnesota Association of School 11.23Administrators, Minnesota School Boards Association, Elementary School Principals 11.24Association, Association of Secondary School Principals, and Education Minnesota as 11.25selected by each organization; 11.26(3) two representatives each of student support personnel, parents, and students as 11.27selected by the commissioner of education; 11.28(4) two representatives of local law enforcement as selected by the commissioner of 11.29public safety; 11.30(5) two representatives of the judicial branch as selected by the chief justice of 11.31the Supreme Court; and 11.32(6) one charter school representative selected by the Minnesota Association of 11.33Charter Schools. 12.1(c) A member serves at the pleasure of their appointing authority and continues 12.2to serve until their successor is appointed. 12.3 Subd. 2. Duties. The council must provide leadership for the following activities: 12.4(1) establishment of norms and standards for prevention, intervention, and support 12.5around issues of prohibited conduct; 12.6(2) advancement of evidence-based policy and best practices to improve school 12.7climate and promote school safety; 12.8(3) development and dissemination of resources and training for schools and 12.9communities about issues of prohibited conduct under section 121A.031, and other school 12.10safety-related issues; and 12.11(4) develop policies and procedures for the services provided by the school climate 12.12center under section 127A.052. 12.13 Subd. 3. Meetings; chair. The commissioner of education must convene the first 12.14meeting of the council by October 1, 2014, and must serve as chair. The council must meet 12.15at least one time per year. The council does not need a quorum to conduct its meetings. 12.16 Subd. 4. Compensation. Council members are not eligible for compensation or 12.17reimbursement for expenses related to council activities. 12.18 Subd. 5. Support. The Department of Education and the Department of Public 12.19Safety must provide technical assistance to council members upon request. The council, 12.20upon request, must consult with the school safety technical assistance center and the 12.21school safety center. 12.22 Subd. 6. Reporting. The council must report its activities annually by October 1, 12.23to the commissioner of education. The Department of Education must post the council's 12.24meeting notices and other relevant information regarding its duties on the agency's Web site. 12.25 Subd. 7. Expiration. The council expires on June 30, 2019. 12.26 Sec. 7. [127A.052] SCHOOL SAFETY TECHNICAL ASSISTANCE CENTER. 12.27(a) The commissioner shall establish a school safety technical assistance center 12.28at the department to help districts and schools under section 121A.031 provide a safe 12.29and supportive learning environment and foster academic achievement for all students 12.30by focusing on prevention, intervention, support, and recovery efforts to develop and 12.31maintain safe and supportive schools. The center must work collaboratively with 12.32implicated state agencies identified by the center and schools, communities, and interested 12.33individuals and organizations to determine how to best use available resources. 12.34(b) The center's services shall include: 12.35(1) evidence-based policy review, development, and dissemination; 13.1(2) single, point-of-contact services designed for schools, parents, and students 13.2seeking information or other help; 13.3(3) qualitative and quantitative data gathering, interpretation, and dissemination of 13.4summary data for existing reporting systems and student surveys and the identification 13.5and pursuit of emerging trends and issues; 13.6(4) assistance to districts and schools in using Minnesota student survey results to 13.7inform intervention and prevention programs; 13.8(5) education and skill building; 13.9(6) multisector and multiagency planning and advisory activities incorporating 13.10best practices and research; and 13.11(7) administrative and financial support for school and district planning, schools 13.12recovering from incidents of violence, and school and district violence prevention 13.13education. 13.14(c) The center shall: 13.15(1) compile and make available to all districts and schools evidence-based elements 13.16and resources to develop and maintain safe and supportive schools; 13.17(2) establish and maintain a central repository for collecting and analyzing 13.18information about prohibited conduct under section 121A.031, including, but not limited to: 13.19(i) training materials on strategies and techniques to prevent and appropriately 13.20address prohibited conduct under section 121A.031; 13.21(ii) model programming; 13.22(iii) remedial responses consistent with section 121A.031, subdivision 2, paragraph 13.23(i); and 13.24(iv) other resources for improving the school climate and preventing prohibited 13.25conduct under section 121A.031; 13.26(3) assist districts and schools to develop strategies and techniques for effectively 13.27communicating with and engaging parents in efforts to protect and deter students from 13.28prohibited conduct under section 121A.031; and 13.29(4) solicit input from social media experts on implementing this section. 13.30(d) The commissioner shall provide administrative services including personnel, 13.31budget, payroll and contract services, and staff support for center activities including 13.32developing and disseminating materials, providing seminars, and developing and 13.33maintaining a Web site. Center staff shall include a center director, a data analyst 13.34coordinator, and trainers who provide training to affected state and local organizations 13.35under a fee-for-service agreement. The financial, administrative, and staff support the 14.1commissioner provides under this section must be based on an annual budget and work 14.2program developed by the center and submitted to the commissioner by the center director. 14.3(e) School safety technical assistance center staff may consult with school safety 14.4center staff at the Department of Public Safety in providing services under this section. 14.5(f) The center is voluntary and advisory. The center does not have enforcement, 14.6rulemaking, oversight, or regulatory authority. 14.7(g) The center expires on June 30, 2019. 14.8EFFECTIVE DATE.This section is effective beginning July 1, 2014. 14.9 Sec. 8. REPEALER. 14.10Minnesota Statutes 2012, section 121A.0695, is repealed effective July 1, 2014.