Bill Text: MN HF1953 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Bullying prohibited in public schools.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2012-02-01 - Author added Slocum [HF1953 Detail]
Download: Minnesota-2011-HF1953-Introduced.html
1.2relating to education; prohibiting bullying in public schools;amending Minnesota
1.3Statutes 2010, section 122A.60, subdivision 3; proposing coding for new law
1.4in Minnesota Statutes, chapter 121A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [121A.07] DEFINITIONS.
1.7 Subdivision 1. Application. The definitions in this section apply to sections
1.8121A.07 to 121A.09.
1.9 Subd. 2. Bullying. "Bullying" means conduct that occurs in a school, on school
1.10district or charter school premises, in a district or charter school owned or leased school
1.11bus or school vehicle, or at any school or school district sanctioned or sponsored activity
1.12or event and that:
1.13(1) is so severe, pervasive, or objectively offensive that it substantially interferes
1.14with the student's educational opportunities;
1.15(2) places the student in actual and reasonable fear of harm;
1.16(3) places the student in actual and reasonable fear of damage to property of the
1.17student; or
1.18(4) substantially disrupts the orderly operation of the school.
1.19 Subd. 3. Conduct. "Conduct" includes the use of technology or other electronic
1.20media.
1.21 Subd. 4. School. "School" means a public school under section 120A.22,
1.22subdivision 4, or charter school under section 124D.10.
1.23EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
1.24later.
2.1 Sec. 2. [121A.08] BULLYING PROHIBITION POLICY.
2.2 Subdivision 1. Policy development and adoption. (a) Each school district and
2.3charter school shall adopt a policy providing that while at a school, on school district or
2.4charter school premises, in a district or charter school owned or leased school bus or
2.5school vehicle, or at any school or school district sanctioned or sponsored activity or
2.6event, a student may not engage in bullying or engage in reprisal or retaliation against:
2.7(1) a victim of bullying;
2.8(2) an individual who witnesses an alleged act of bullying;
2.9(3) an individual who reports an alleged act of bullying; or
2.10(4) an individual who provides information about an alleged act of bullying.
2.11(b) In developing the bullying policy required by this section, a school district
2.12or charter school shall involve parents, school district or charter school employees,
2.13volunteers, students, school district or charter school administrators, law enforcement
2.14personnel, domestic violence and sexual assault organizations, and community
2.15representatives.
2.16 Subd. 2. Policy requirements. (a) The policy required by this section must:
2.17(1) include a definition of bullying that at least encompasses the conduct described
2.18in section 121A.07;
2.19(2) establish procedures for reporting and documenting alleged acts of bullying,
2.20reprisal, or retaliation, and include procedures for anonymous reporting of such acts;
2.21(3) establish procedures, including timelines, for school district or charter school
2.22personnel to follow in investigating reports of alleged bullying, reprisal, or retaliation;
2.23(4) establish a schedule for the retention of any documents generated while
2.24investigating reports of alleged bullying, reprisal, or retaliation;
2.25(5) set forth the disciplinary measures applicable to an individual who engaged in
2.26bullying or who engaged in reprisal or retaliation, as set forth in subdivision 1;
2.27(6) require the notification of law enforcement personnel if an investigation by
2.28school district or charter school personnel results in a reasonable suspicion that a crime
2.29might have occurred;
2.30(7) establish strategies to protect a victim of bullying, reprisal, or retaliation; and
2.31(8) establish disciplinary measures to be imposed upon an individual who makes a
2.32false accusation, report, or complaint pertaining to bullying, reprisal, or retaliation.
2.33(b) Upon completion of the policy required by this section, a school district or
2.34charter school shall:
2.35(1) ensure that the policy is explained to and discussed with its students; and
2.36(2) make the policy available in student and personnel handbooks.
3.1(c) Each school district or charter school shall review and revise its policy as it
3.2determines necessary.
3.3(d) Each school district or charter school shall provide information regarding the
3.4prevention of bullying to all volunteers and nonlicensed personnel who have contact
3.5with students.
3.6 Subd. 3. Immunity. (a) An individual who promptly, reasonably, and in good faith
3.7reports an incident of bullying, reprisal, or retaliation to the school district or charter
3.8school employee or official designated in the school bullying policy is immune from civil
3.9or criminal liability resulting from or relating to the report and the resulting proceedings.
3.10(b) A school district or charter school and its employees are immune from any
3.11liability that might otherwise be incurred as a result of a student having been the recipient
3.12of bullying, if the school district or charter school implemented a bullying policy as
3.13required in this section and substantially complied with that policy.
3.14EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
3.15later.
3.16 Sec. 3. [121A.09] BULLYING PREVENTION PROGRAMS.
3.17Each school district or charter school shall provide bullying prevention programs to
3.18all students from kindergarten through grade 12.
3.19EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
3.20later.
3.21 Sec. 4. Minnesota Statutes 2010, section 122A.60, subdivision 3, is amended to read:
3.22 Subd. 3. Staff development outcomes. The advisory staff development committee
3.23must adopt a staff development plan for improving student achievement. The plan must
3.24be consistent with education outcomes that the school board determines. The plan
3.25must include ongoing staff development activities that contribute toward continuous
3.26improvement in achievement of the following goals:
3.27(1) improve student achievement of state and local education standards in all areas
3.28of the curriculum by using best practices methods;
3.29(2) effectively meet the needs of a diverse student population, including at-risk
3.30children, children with disabilities, and gifted children, within the regular classroom
3.31and other settings;
4.1(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
4.2student population that is consistent with the state education diversity rule and the district's
4.3education diversity plan;
4.4(4) improve staff collaboration and develop mentoring and peer coaching programs
4.5for teachers new to the school or district;
4.6(5) effectively teach and model violence prevention policy and curriculum that
4.7address the school's bullying policy under section 121A.08, early intervention alternatives,
4.8issues of harassment, and teach nonviolent alternatives for conflict resolution; and
4.9(6) provide teachers and other members of site-based management teams with
4.10appropriate management and financial management skills.
4.11EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
4.12later.
1.3Statutes 2010, section 122A.60, subdivision 3; proposing coding for new law
1.4in Minnesota Statutes, chapter 121A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [121A.07] DEFINITIONS.
1.7 Subdivision 1. Application. The definitions in this section apply to sections
1.8121A.07 to 121A.09.
1.9 Subd. 2. Bullying. "Bullying" means conduct that occurs in a school, on school
1.10district or charter school premises, in a district or charter school owned or leased school
1.11bus or school vehicle, or at any school or school district sanctioned or sponsored activity
1.12or event and that:
1.13(1) is so severe, pervasive, or objectively offensive that it substantially interferes
1.14with the student's educational opportunities;
1.15(2) places the student in actual and reasonable fear of harm;
1.16(3) places the student in actual and reasonable fear of damage to property of the
1.17student; or
1.18(4) substantially disrupts the orderly operation of the school.
1.19 Subd. 3. Conduct. "Conduct" includes the use of technology or other electronic
1.20media.
1.21 Subd. 4. School. "School" means a public school under section 120A.22,
1.22subdivision 4, or charter school under section 124D.10.
1.23EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
1.24later.
2.1 Sec. 2. [121A.08] BULLYING PROHIBITION POLICY.
2.2 Subdivision 1. Policy development and adoption. (a) Each school district and
2.3charter school shall adopt a policy providing that while at a school, on school district or
2.4charter school premises, in a district or charter school owned or leased school bus or
2.5school vehicle, or at any school or school district sanctioned or sponsored activity or
2.6event, a student may not engage in bullying or engage in reprisal or retaliation against:
2.7(1) a victim of bullying;
2.8(2) an individual who witnesses an alleged act of bullying;
2.9(3) an individual who reports an alleged act of bullying; or
2.10(4) an individual who provides information about an alleged act of bullying.
2.11(b) In developing the bullying policy required by this section, a school district
2.12or charter school shall involve parents, school district or charter school employees,
2.13volunteers, students, school district or charter school administrators, law enforcement
2.14personnel, domestic violence and sexual assault organizations, and community
2.15representatives.
2.16 Subd. 2. Policy requirements. (a) The policy required by this section must:
2.17(1) include a definition of bullying that at least encompasses the conduct described
2.18in section 121A.07;
2.19(2) establish procedures for reporting and documenting alleged acts of bullying,
2.20reprisal, or retaliation, and include procedures for anonymous reporting of such acts;
2.21(3) establish procedures, including timelines, for school district or charter school
2.22personnel to follow in investigating reports of alleged bullying, reprisal, or retaliation;
2.23(4) establish a schedule for the retention of any documents generated while
2.24investigating reports of alleged bullying, reprisal, or retaliation;
2.25(5) set forth the disciplinary measures applicable to an individual who engaged in
2.26bullying or who engaged in reprisal or retaliation, as set forth in subdivision 1;
2.27(6) require the notification of law enforcement personnel if an investigation by
2.28school district or charter school personnel results in a reasonable suspicion that a crime
2.29might have occurred;
2.30(7) establish strategies to protect a victim of bullying, reprisal, or retaliation; and
2.31(8) establish disciplinary measures to be imposed upon an individual who makes a
2.32false accusation, report, or complaint pertaining to bullying, reprisal, or retaliation.
2.33(b) Upon completion of the policy required by this section, a school district or
2.34charter school shall:
2.35(1) ensure that the policy is explained to and discussed with its students; and
2.36(2) make the policy available in student and personnel handbooks.
3.1(c) Each school district or charter school shall review and revise its policy as it
3.2determines necessary.
3.3(d) Each school district or charter school shall provide information regarding the
3.4prevention of bullying to all volunteers and nonlicensed personnel who have contact
3.5with students.
3.6 Subd. 3. Immunity. (a) An individual who promptly, reasonably, and in good faith
3.7reports an incident of bullying, reprisal, or retaliation to the school district or charter
3.8school employee or official designated in the school bullying policy is immune from civil
3.9or criminal liability resulting from or relating to the report and the resulting proceedings.
3.10(b) A school district or charter school and its employees are immune from any
3.11liability that might otherwise be incurred as a result of a student having been the recipient
3.12of bullying, if the school district or charter school implemented a bullying policy as
3.13required in this section and substantially complied with that policy.
3.14EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
3.15later.
3.16 Sec. 3. [121A.09] BULLYING PREVENTION PROGRAMS.
3.17Each school district or charter school shall provide bullying prevention programs to
3.18all students from kindergarten through grade 12.
3.19EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
3.20later.
3.21 Sec. 4. Minnesota Statutes 2010, section 122A.60, subdivision 3, is amended to read:
3.22 Subd. 3. Staff development outcomes. The advisory staff development committee
3.23must adopt a staff development plan for improving student achievement. The plan must
3.24be consistent with education outcomes that the school board determines. The plan
3.25must include ongoing staff development activities that contribute toward continuous
3.26improvement in achievement of the following goals:
3.27(1) improve student achievement of state and local education standards in all areas
3.28of the curriculum by using best practices methods;
3.29(2) effectively meet the needs of a diverse student population, including at-risk
3.30children, children with disabilities, and gifted children, within the regular classroom
3.31and other settings;
4.1(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
4.2student population that is consistent with the state education diversity rule and the district's
4.3education diversity plan;
4.4(4) improve staff collaboration and develop mentoring and peer coaching programs
4.5for teachers new to the school or district;
4.6(5) effectively teach and model violence prevention policy and curriculum that
4.7address the school's bullying policy under section 121A.08, early intervention alternatives,
4.8issues of harassment, and teach nonviolent alternatives for conflict resolution; and
4.9(6) provide teachers and other members of site-based management teams with
4.10appropriate management and financial management skills.
4.11EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
4.12later.
