.................... moves to amend H.F. No. 826, the fourth engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. TITLE.
1.4This act may be cited as the "Safe and Supportive Minnesota Schools Act."
Sec. 2. Minnesota Statutes 2012, section 120B.36, subdivision 1, is amended to read:
Subdivision 1. School performance report cards.
(a) The commissioner
shall report student academic performance under section
120B.35, subdivision 2
percentages of students showing low, medium, and high growth under section
, paragraph (b); school safety and student engagement and connection
, subdivision 3, paragraph (d); rigorous coursework under section
1.11120B.35, subdivision 3
, paragraph (c); two separate student-to-teacher ratios that clearly
indicate the definition of teacher consistent with sections
purposes of determining these ratios; staff characteristics excluding salaries; student
enrollment demographics; district mobility; summary data on incidents of prohibited
1.15conduct and remedial responses to the incidents under section 121A.031, subdivision 4,
1.16paragraph (a), clause (10);
and extracurricular activities. The report also must indicate
a school's adequate yearly progress status, and must not set any designations applicable
to high- and low-performing schools due solely to adequate yearly progress status. The
1.19commissioner must use the summary data on prohibited conduct reported under section
1.20121A.031, subdivision 4, paragraph (a), clause (10), to inform the work of the school
1.21climate center under section 127A.052 and to assist districts and schools in improving
1.22the educational outcomes of all students and specific categories of students affected by
1.23such prohibited conduct.
(b) The commissioner shall develop, annually update, and post on the department
Web site school performance report cards.
(c) The commissioner must make available performance report cards by the
beginning of each school year.
(d) A school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's
decision to uphold or deny an appeal is final.
(e) School performance report card data are nonpublic data under section
, until the commissioner publicly releases the data. The commissioner shall
annually post school performance report cards to the department's public Web site no later
than September 1, except that in years when the report card reflects new performance
standards, the commissioner shall post the school performance report cards no later than
2.12EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
Sec. 3. [121A.031] SCHOOL STUDENT BULLYING POLICY.
2.15 Subdivision 1. Student bullying policy; scope and application. (a) This section
2.16applies to bullying by a student against another student attending the same school which
2.18(1) on the school premises, at the school function or activity, or on the school
2.20(2) by use of electronic technology and communications on the school premises,
2.21during the school function or activity, on the school transportation, or on the school
2.22computers, networks, forums, and mailing lists; or
2.23(3) by use of electronic technology and communications off the school premises.
2.24(b) "District" under this section means a district as defined in section 120A.05,
2.25subdivision 8. "School" under this section means a public school as defined in section
2.26120A.05, subdivisions 9, 11, 13, and 17, and a charter school as defined in section
2.27124D.10. "Student" under this section means a person enrolled in and attending a school
2.28as defined under this paragraph.
2.29(c) A nonpublic school under section 123.41, subdivision 9, consistent with its
2.30school accreditation cycle, is encouraged to electronically transmit to the commissioner its
2.31antibullying policy and summary data on its bullying incidents.
2.32(d) This section does not apply to a home school under sections 120A.22,
2.33subdivision 4, and 120A.24.
2.34 Subd. 2. Local district and school policy. (a) Districts and schools, in consultation
2.35with students, parents, and community organizations, shall adopt, implement, and annually
3.1review, and revise where appropriate, a written policy to prevent and prohibit student
3.2bullying, cyberbullying, harassment, and intimidation, consistent with this section. The
3.3policy must conform with sections 121A.41 to 121A.56. A district or school must adopt
3.4and implement a local policy under subdivisions 2 to 5 or comply with the provisions of
3.5the state model policy in subdivision 6.
3.6(b) Each local district and school policy must establish research-based,
3.7developmentally appropriate best practices that include preventive and remedial measures
3.8and effective discipline for deterring policy violations; apply throughout the school or
3.9district; and foster active student, parent, and community participation. A district or
3.10school may request assistance from the school climate center under section 127A.052 in
3.11complying with local policy requirements. The policy shall:
3.12(1) apply to all students, school personnel, and volunteers;
3.13(2) specifically list the characteristics contained in subdivision 3, paragraph (d);
3.14(3) emphasize remedial responses over punitive measures;
3.15(4) be conspicuously posted throughout the school building;
3.16(5) be given to each school employee and independent contractor, if a contractor
3.17regularly interacts with students, at the time of employment with the district or school;
3.18(6) be included in the student handbook on school policies; and
3.19(7) be available to all parents and other school community members in accessible
3.20languages and format on the district or school Web site.
3.21 (c) Each district and school under this subdivision must discuss its policy with
3.22students, school personnel, and volunteers and provide training for all school personnel
3.23and volunteers to prevent, identify, and appropriately respond to prohibited conduct.
3.24 (d) Each district and school under this subdivision must submit an electronic copy of
3.25its prohibited conduct policy to the commissioner.
3.26 Subd. 3. Definitions. (a) The terms defined in this subdivision have the meanings
3.27given them for purposes of this section.
3.28(b) "Bullying" means intimidating, threatening, abusive or harassing conduct that is
3.29objectively offensive and:
3.30(1) causes physical harm to a student or a student's property or causes a student to be
3.31in reasonable fear of harm to person or property;
3.32(2) materially and substantially interferes with a student's educational opportunities
3.33or performance or ability to participate in the school function or activity or receive the
3.34school benefit, service, or privilege;
4.1(3) under Minnesota common law, violates a student's reasonable expectation
4.2of privacy, defames a student, or constitutes intentional infliction of emotional distress
4.3against a student; or
4.4(4) materially and substantially disrupts the work and discipline of the school.
4.5(c) "Cyberbullying" means bullying using technology or other electronic
4.6communication, including, but not limited to, a transfer of a sign, signal, writing, image,
4.7sound, or data, including a post on a social network Internet Web site or forum, to transmit
4.8through a computer, cell phone, or other electronic device speech that contains obscene
4.9words or images, advocates illegal conduct, or otherwise materially and substantially
4.10disrupts a student's learning environment.
4.11(d) Intimidating, threatening, abusive, or harassing conduct may involve, but is not
4.12limited to, conduct that is directed at a student or students based on a person's actual or
4.13perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex,
4.14age, marital status, familial status, socioeconomic status, physical appearance, sexual
4.15orientation, gender identity and expression, academic status, disability, or status with
4.16regard to public assistance, age, or any additional characteristic defined in chapter 363A.
4.17(e) "Prohibited conduct" means bullying or cyberbullying as defined under this
4.18subdivision or retaliation for asserting, alleging, reporting, or providing information about
4.20(f) "Remedial response" means a measure to stop and correct prohibited conduct,
4.21prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of
4.22the student who is the target of the prohibited conduct. Districts and schools may seek the
4.23assistance of the school climate center under section 127A.052 to develop and implement
4.24remedial responses on behalf of a student who is the target of prohibited conduct, to
4.25stop and correct a student engaging in prohibited conduct, and for use with students and
4.26adults in the school community. Districts and schools need not report the use of remedial
4.27responses when their use is unrelated to any particular incident of prohibited conduct.
4.28 Subd. 4. Local policy components. (a) Each district and school policy implemented
4.29under this section must, at a minimum:
4.30(1) designate a staff member as the primary contact person in the school building
4.31to receive reports of prohibited conduct under clause (3), ensure the policy and its
4.32procedures including restorative practices, consequences, and sanctions are fairly and
4.33fully implemented, and serve as the primary contact on policy and procedural matters
4.34implicating both the district or school and the department;
4.35(2) require school employees and trained volunteers who witness prohibited conduct
4.36or possess reliable information that would lead to a reasonable person to suspect that a
5.1student is a target of prohibited conduct to make reasonable efforts to address and resolve
5.2the prohibited conduct;
5.3(3) provide a procedure to promptly investigate reports of prohibited conduct within
5.4three school days of the report, and make the primary contact person responsible for the
5.5investigation and any resulting record and for keeping and regulating access to any record;
5.6(4) indicate how a school will respond to an identified incident of prohibited
5.7conduct, including immediately intervening to protect the target of the prohibited conduct;
5.8at the school administrator's discretion and consistent with state and federal data practices
5.9law governing access to private data, notifying the parent of the reported target of the
5.10prohibited conduct and the parent of the actor engaged in the prohibited conduct, or law
5.11enforcement officials; providing other remedial responses to the prohibited conduct; and
5.12ensuring that remedial responses are tailored to the particular incident and nature of the
5.13conduct and the student's developmental age and behavioral history;
5.14(5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports
5.15prohibited conduct or provides information about such conduct and establish appropriate
5.16consequences for a person who engages in reprisal or retaliation;
5.17(6) allow anonymous reporting but do not rely solely on an anonymous report to
5.19(7) provide information about available community resources to the target, actor,
5.20and other affected individuals, as appropriate;
5.21(8) where appropriate for a child with a disability to prevent or respond to prohibited
5.22conduct, require the child's individualized education program or section 504 plan to
5.23address the skills and proficiencies the child needs to respond to or not engage in
5.25(9) use new employee training materials, the school publication on school rules,
5.26procedures, and standards of conduct, and the student handbook on school policies
5.27to publicize the policy;
5.28(10) require annual reporting, collection, and analysis of summary data on incidents
5.29of prohibited conduct and on remedial responses both to students and throughout the
5.31(11) require ongoing professional development, consistent with section 122A.60,
5.32to build the skills of all school personnel and volunteers, including, but not limited to,
5.33educators, administrators, school nurses, cafeteria workers, custodians, bus drivers,
5.34athletic coaches, extracurricular activities advisors, volunteers, and paraprofessionals to
5.35identify, prevent, and appropriately address prohibited conduct.
6.1(b) Professional development under a local policy includes, but is not limited to,
6.3(1) developmentally appropriate strategies both to prevent and to immediately and
6.4effectively intervene to stop prohibited conduct;
6.5(2) the complex dynamics affecting an actor, target, and witnesses to prohibited
6.7(3) research on prohibited conduct, including specific categories of students at risk
6.8for prohibited conduct in school;
6.9(4) the incidence and nature of cyberbullying; and
6.10(5) Internet safety and cyberbullying.
6.11 Subd. 5. Safe and supportive schools programming. (a) Districts and schools
6.12are encouraged to provide developmentally appropriate programmatic instruction
6.13to help students identify, prevent, and reduce prohibited conduct; value diversity in
6.14school and society; develop and improve students' knowledge and skills for solving
6.15problems, managing conflict, engaging in civil discourse, and recognizing, responding
6.16to, and reporting prohibited conduct; and make effective prevention and intervention
6.17programs available to students. Upon request, the school climate center under section
6.18127A.052 must assist a district or school in helping students understand social media
6.19and cyberbullying. Districts and schools must establish strategies for creating a positive
6.20school climate and use evidence-based social-emotional learning to prevent and reduce
6.21discrimination and other improper conduct.
6.22(b) Districts and schools are encouraged to:
6.23(1) engage all students in creating a safe and supportive school environment;
6.24(2) partner with parents and other community members to develop and implement
6.25prevention and intervention programs;
6.26(3) engage all students and adults in integrating education, intervention, and other
6.27remedial responses into the school environment;
6.28(4) train student bystanders to intervene in and report incidents of prohibited conduct
6.29to the school's primary contact person;
6.30(5) teach students to advocate for themselves and others;
6.31(6) prevent inappropriate referrals to special education of students who may engage
6.32in prohibited conduct; and
6.33(7) foster student collaborations that foster a safe and supportive school climate.
6.34 Subd. 6. State model policy. (a) The commissioner, in consultation with the
6.35commissioner of human rights, shall develop and maintain a state model policy. A district
6.36or school that does not adopt and implement a local policy under subdivisions 2 to 5
7.1must implement and may supplement the provisions of the state model policy. The
7.2commissioner must assist districts and schools under this subdivision to implement the
7.3state policy. The state model policy must:
7.4(1) define prohibited conduct, consistent with this section;
7.5(2) apply the prohibited conduct policy components in this section;
7.6(3) for a child with a disability, whenever an evaluation by an individualized
7.7education program team or a section 504 team indicates that the child's disability affects
7.8the child's social skills development or the child is vulnerable to bullying, cyberbullying,
7.9harassment, or intimidation because of the child's disability, the child's individualized
7.10education program or section 504 plan must address the skills and proficiencies the child
7.11needs to avoid and respond to such conduct; and
7.12(4) encourage violence prevention and character development education programs
7.13under section 120B.232, subdivision 1.
7.14(b) The commissioner shall develop and post departmental procedures for:
7.15(1) periodically reviewing district and school programs and policies for compliance
7.16with this section;
7.17(2) investigating, reporting, and responding to noncompliance with this section,
7.18which may include an annual review of plans to improve and provide a safe and supportive
7.20(3) allowing students, parents, and educators to file a complaint about noncompliance
7.21with the commissioner; and
7.22(4) annually publishing statewide summary data on incidents of prohibited conduct,
7.23consistent with section 120B.36, subdivision 1.
7.24 (c) Department records under this subdivision are private data on individuals. An
7.25individual subject of the data shall have access to the data except that the name of a
7.26reporter is confidential.
7.27 (d) The commissioner must post on the department's Web site information indicating
7.28that when districts and schools allow noncurriculum-related student groups access to
7.29school facilities, the district or school must give all student groups equal access to the
7.30school facilities regardless of the content of the group members' speech.
7.31 Subd. 7. Relation to existing law. This section does not:
7.32(1) establish any private right of action; or
7.33(2) limit rights currently available to an individual under other civil or criminal law,
7.34including, but not limited to, chapter 363A.
7.35EFFECTIVE DATE.This section is effective July 1, 2013.
Sec. 4. Minnesota Statutes 2012, section 121A.55, is amended to read:
8.2121A.55 POLICIES TO BE ESTABLISHED.
(a) The commissioner of education shall promulgate guidelines to assist each school
. Each school board shall to
establish uniform criteria for dismissal and adopt
written policies and rules to effectuate
the purposes of
sections 121A.031 and
. The policies shall emphasize preventing dismissals through early detection of
be designed to
students' inappropriate behavior from
recurring. The policies shall recognize the continuing responsibility of the school
8.9 education of to educate
the pupil during the dismissal period. The alternative educational
services, if the pupil wishes to take advantage of them, must be adequate to allow the
pupil to make progress towards meeting the graduation standards adopted under section
and help prepare the pupil for readmission.
(b) An area learning center under section
may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.
(c) Each school district shall develop a policy and report it to the commissioner on
the appropriate use of peace officers and crisis teams to remove students who have an
individualized education program from school grounds.
8.20EFFECTIVE DATE.This section is effective July 1, 2013.
Sec. 5. Minnesota Statutes 2012, section 121A.69, subdivision 3, is amended to read:
Subd. 3. School board policy.
Each school board shall adopt a written policy
governing student or staff hazing. The policy must apply to student behavior that occurs
on or off school property and during and after school hours and be consistent with section
. The policy must include reporting procedures and disciplinary consequences
for violating the policy. Disciplinary consequences must be sufficiently severe to deter
violations and appropriately discipline prohibited behavior. Disciplinary consequences
must conform with sections 121A.031 and
. Each school must include
the policy in the student handbook on school policies.
8.30EFFECTIVE DATE.This section is effective July 1, 2013.
Sec. 6. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:
Subd. 1a. Effective staff development activities.
(a) Staff development activities
(1) focus on the school classroom and research-based strategies that improve student
(2) provide opportunities for teachers to practice and improve their instructional
skills over time;
(3) provide opportunities for teachers to use student data as part of their daily work
to increase student achievement;
(4) enhance teacher content knowledge and instructional skills, including to
accommodate the delivery of digital and blended learning and curriculum and engage
students with technology;
(5) align with state and local academic standards;
(6) provide opportunities to build professional relationships, foster collaboration
among principals and staff who provide instruction, and provide opportunities for
teacher-to-teacher mentoring; and
(7) align with the plan of the district or site for an alternative teacher professional
Staff development activities may include curriculum development and curriculum training
programs, and activities that provide teachers and other members of site-based teams
training to enhance team performance. The school district also may implement other
staff development activities required by law and activities associated with professional
teacher compensation models.
(b) Release time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's knowledge
and instructional skills, such as preparing report cards, calculating grades, or organizing
classroom materials, may not be counted as staff development time that is financed with
staff development reserved revenue under section
9.26(c) Staff development activities also may include training for school counselors,
9.27school nurses, social workers, psychologists, and other mental health professionals to
9.28support students, teachers, and school administrators in implementing restorative and
9.29reparative best practices to prevent and appropriately address student prohibited conduct,
9.30consistent with section 121A.031, subdivision 4, paragraph (b).
9.31EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
Sec. 7. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:
Subd. 3. Staff development outcomes.
The advisory staff development committee
must adopt a staff development plan for improving student achievement. The plan must
be consistent with education outcomes that the school board determines. The plan
must include ongoing staff development activities that contribute toward continuous
improvement in achievement of the following goals:
(1) improve student achievement of state and local education standards in all areas
of the curriculum by using best practices methods;
(2) effectively meet the needs of a diverse student population, including at-risk
children, children with disabilities, and gifted children, within the regular classroom
and other settings;
(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
student population that is consistent with the state education diversity rule and the district's
education diversity plan;
(4) improve staff collaboration and develop mentoring and peer coaching programs
for teachers new to the school or district;
(5) effectively teach and model violence prevention policy and curriculum that
address early intervention alternatives,
issues of harassment, annually train all school
10.16staff and school volunteers who regularly interact with students in best practices to
10.17create and maintain a safe and supportive learning environment, consistent with section
and teach nonviolent alternatives for conflict resolution, including restorative
10.19and reparative processes
(6) effectively deliver digital and blended learning and curriculum and engage
students with technology; and
(7) provide teachers and other members of site-based management teams with
appropriate management and financial management skills.
10.24EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
Sec. 8. Minnesota Statutes 2012, section 124D.10, subdivision 8, is amended to read:
Subd. 8. Federal, state, and local requirements.
(a) A charter school shall meet all
federal, state, and local health and safety requirements applicable to school districts.
(b) A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.
(c) A school authorized by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.
(d) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. An authorizer may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution. A charter school student must be released for religious instruction, consistent
120A.22, subdivision 12
, clause (3).
(e) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled. This paragraph does not
apply to shared time aid under section
(f) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.
(g) A charter school may not charge tuition.
(h) A charter school is subject to and must comply with chapter 363A and section
(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
, and the Minnesota Public School Fee Law, sections
(j) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the federal Single Audit Act, if applicable,
. A charter school is subject to and must comply with sections
. The audit must comply with the requirements of sections
except to the extent deviations are necessary because of the program at the school.
Deviations must be approved by the commissioner and authorizer. The Department of
Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
or compliance audits. A charter school determined to be in statutory operating debt under
must submit a plan under section
123B.81, subdivision 4
(k) A charter school is a district for the purposes of tort liability under chapter 466.
(l) A charter school must comply with chapters 13 and 13D; and sections
, subdivisions 3 and 5.
(m) A charter school is subject to the Pledge of Allegiance requirement under
121A.11, subdivision 3
(n) A charter school offering online courses or programs must comply with section
(o) A charter school and charter school board of directors are subject to chapter 181.
(p) A charter school must comply with section
120A.22, subdivision 7
the transfer of students' educational records and sections
the management of local records.
(q) A charter school that provides early childhood health and developmental
screening must comply with sections
(r) A charter school that provides school-sponsored youth athletic activities must
comply with section 121A.38.
12.8(s) A charter school must comply with section 121A.031 governing policies on
12.10EFFECTIVE DATE.This section is effective July 1, 2013.
Sec. 9. Minnesota Statutes 2012, section 124D.895, subdivision 1, is amended to read:
Subdivision 1. Program goals.
The department, in consultation with the state
curriculum advisory committee, must develop guidelines and model plans for parental
involvement programs that will:
(1) engage the interests and talents of parents or guardians in recognizing and
meeting the emotional, intellectual, and physical needs of their school-age children;
(2) promote healthy self-concepts among parents or guardians and other family
(3) offer parents or guardians a chance to share and learn about educational skills,
techniques, and ideas;
(4) provide creative learning experiences for parents or guardians and their
school-age children, including involvement from parents or guardians of color;
(5) encourage parents to actively participate in their district's curriculum advisory
committee under section
in order to assist the school board in improving
children's education programs;
(6) encourage parents to help in promoting school desegregation/integration; and
12.27(7) partner with parents in establishing a positive school climate by developing
12.28and implementing prevention and intervention programs on prohibited conduct under
12.30EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 10. Minnesota Statutes 2012, section 124D.8955, is amended to read:
12.32124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.
(a) In order to promote and support student achievement, a local school board is
encouraged to formally adopt and implement a parent and family involvement policy that
promotes and supports:
(1) communication between home and school that is regular, two-way, and
(2) parenting skills;
(3) parents and caregivers who play an integral role in assisting student learning and
learn about fostering students' academic success and learning at home and school;
(4) welcoming parents in the school and seeking their support and assistance;
(5) partnerships with parents in the decisions that affect children and families
in the schools; and
(6) providing community resources to strengthen schools, families, and student
learning, including establishing a safe and supportive school climate by developing and
13.14implementing prevention and intervention programs on prohibited conduct under section
(b) A school board that implements a parent and family involvement policy under
paragraph (a) must convene an advisory committee composed of an equal number of
resident parents who are not district employees and school staff to make recommendations
to the board on developing and evaluating the board's parent and family involvement
policy. If possible, the advisory committee must represent the diversity of the district. The
advisory committee must consider the district's demographic diversity and barriers to
parent involvement when developing its recommendations. The advisory committee must
13.23recommend to the school board and district or school how programs serving children and
13.24adolescents can collaborate on:
13.25(1) understanding child and adolescent development;
13.26(2) encouraging healthy communication between parents and children;
13.27(3) managing students' behavior through positive reinforcement;
13.28(4) establishing expectations for student behavior;
13.29(5) providing media and Internet guidance, limits, and supervision; and
13.30(6) promoting resilience and reducing risks for children.
The advisory committee must present its recommendations to the board for board
(c) The board must consider best practices when implementing this policy.
(d) The board periodically must review this policy to determine whether it is aligned
with the most current research findings on parent involvement policies and practices and
how effective the policy is in supporting increased student achievement.
(e) Nothing in this section obligates a school district to exceed any parent or family
involvement requirement under federal law.
14.3EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2012, section 125B.15, is amended to read:
14.5125B.15 INTERNET ACCESS FOR STUDENTS.
(a) Recognizing the difference between school libraries, school computer labs, and
school media centers, which serve unique educational purposes, and public libraries,
which are designed for public inquiry, all computers at a school site with access to the
Internet available for student use must be equipped to restrict, including by use of
available software filtering technology or other effective methods, all student access
to material that is reasonably believed to be obscene or child pornography or material
harmful to minors under federal or state law.
(b) A school site is not required to purchase filtering technology if the school site
would incur more than incidental expense in making the purchase.
(c) A school district receiving technology revenue under section
prohibit, including through use of available software filtering technology or other effective
methods, adult access to material that under federal or state law is reasonably believed to
be obscene or child pornography.
(d) A school district, its agents or employees, are immune from liability for failure
to comply with this section if they have made a good faith effort to comply with the
requirements of this section.
(e) "School site" means an education site as defined in section
, or charter school under section
14.24 (f) All school sites having computers with Internet access must adopt and implement
14.25a policy to prohibit cyberbullying, consistent with section 121A.031.
14.26EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
Sec. 12. [127A.051] SCHOOL CLIMATE COUNCIL.
14.29 Subdivision 1. Establishment and membership. (a) A 20-member multiagency
14.30leadership council is established to improve school climate and school safety so that all
14.31Minnesota students in prekindergarten through grade 12 schools and higher education
14.32institutions have a safe and supportive learning environment in order to maximize each
14.33student's learning potential.
15.1(b) The council shall consist of:
15.2(1) the commissioners or their designees from the Departments of Education,
15.3Health, Human Rights, Human Services, Public Safety, and Corrections, and the Office of
15.5(2) one representative each from the Board of Teaching, Board of School
15.6Administrators, Minnesota School Boards Association, Elementary School Principals
15.7Association, Association of Secondary School Principals, and Education Minnesota as
15.8selected by each organization;
15.9(3) two representatives each of student support personnel, parents, and students as
15.10selected by the commissioner of education;
15.11(4) two representatives of local law enforcement as selected by the commissioner of
15.13(5) two representatives of the judicial branch as selected by the chief justice of
15.14the Supreme Court; and
15.15(6) one charter school representative selected by the Minnesota Association of
15.17 Subd. 2. Duties. The council must provide leadership for the following activities:
15.18(1) establishment of norms and standards for prevention, intervention, and support
15.19around issues of prohibited conduct;
15.20(2) advancement of evidence-based policy and best practices to improve school
15.21climate and promote school safety; and
15.22(3) development and dissemination of resources and training for schools and
15.23communities about issues of prohibited conduct and other school safety-related issues.
Sec. 13. [127A.052] SCHOOL CLIMATE CENTER.
15.25(a) The commissioner shall establish a school climate center at the department to
15.26help districts and schools under section 121A.031 provide a safe and supportive learning
15.27environment and foster academic achievement for all students by focusing on prevention,
15.28intervention, support, and recovery efforts to develop and maintain safe and supportive
15.29schools. The center must work collaboratively with implicated state agencies identified
15.30by the center and schools, communities, and interested individuals and organizations to
15.31determine how to best use available resources.
15.32(b) The center's services shall include:
15.33(1) evidence-based policy review, development, and dissemination;
15.34(2) single, point-of-contact services designed for schools, parents, and students
15.35seeking information or other help;
16.1(3) qualitative and quantitative data gathering, interpretation, and dissemination of
16.2summary data for existing reporting systems and student surveys and the identification
16.3and pursuit of emerging trends and issues;
16.4(4) assistance to districts and schools in using Minnesota student survey results to
16.5inform intervention and prevention programs;
16.6(5) education and skill building;
16.7(6) multisector and multiagency planning and advisory activities incorporating
16.8best practices and research; and
16.9(7) administrative and financial support for school and district planning, schools
16.10recovering from incidents of violence, and school and district violence prevention
16.12(c) The center shall:
16.13(1) compile and make available to all districts and schools evidence-based elements
16.14and resources to develop and maintain safe and supportive schools;
16.15(2) establish and maintain a central repository for collecting and analyzing
16.16information about prohibited conduct, including, but not limited to:
16.17(i) training materials on strategies and techniques to prevent and appropriately
16.18address prohibited conduct;
16.19(ii) model programming;
16.20(iii) remedial responses consistent with section 121A.031, subdivision 3, paragraph
16.22(iv) other resources for improving the school climate and preventing prohibited
16.24(3) assist districts and schools to develop strategies and techniques for effectively
16.25communicating with and engaging parents in efforts to protect and deter students from
16.26prohibited conduct; and
16.27(4) solicit input from social media experts on implementing this section.
16.28(d) The commissioner shall provide administrative services including personnel,
16.29budget, payroll and contract services, and staff support for center activities including
16.30developing and disseminating materials, providing seminars, and developing and
16.31maintaining a Web site. Center staff shall include a center director, a data analyst
16.32coordinator, and trainers who provide training to affected state and local organizations
16.33under a fee-for-service agreement. The financial, administrative, and staff support the
16.34commissioner provides under this section must be based on an annual budget and work
16.35program developed by the center and submitted to the commissioner by the center director.
16.36EFFECTIVE DATE.This section is effective beginning July 1, 2013.
Sec. 14. Minnesota Statutes 2012, section 127A.42, subdivision 2, is amended to read:
Subd. 2. Violations of law.
The commissioner may reduce or withhold the district's
state aid for any school year whenever the board of the district authorizes or permits
violations of law within the district by:
(1) employing a teacher who does not hold a valid teaching license or permit in a
(2) noncompliance with a mandatory rule of general application promulgated by the
commissioner in accordance with statute, unless special circumstances make enforcement
inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
the district's best interests;
(3) the district's continued performance of a contract made for the rental of rooms
or buildings for school purposes or for the rental of any facility owned or operated by or
under the direction of any private organization, if the contract has been disapproved, the
time for review of the determination of disapproval has expired, and no proceeding for
review is pending;
(4) any practice which is a violation of sections 1 and 2 of article 13 of the
Constitution of the state of Minnesota;
(5) failure to reasonably provide for a resident pupil's school attendance under
(6) noncompliance with state laws prohibiting discrimination because of race,
color, creed, religion, national origin, sex, age, marital status, status with regard to
disability, as defined in sections
, or noncompliance with prohibited conduct under section 121A.031
(7) using funds contrary to the statutory purpose of the funds.
The reduction or withholding must be made in the amount and upon the procedure
provided in this section, or, in the case of the violation stated in clause (1), upon the
procedure provided in section
17.28EFFECTIVE DATE.This section is effective July 1, 2013.
Sec. 15. REPEALER.
17.30Minnesota Statutes 2012, sections 121A.03; and 121A.0695, are repealed effective
17.31July 1, 2013.