1.1.................... moves to amend H.F. No. 1198 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2008, section 121A.03, is amended to read:
1.4121A.03 MODEL POLICY SCHOOL BOARD POLICY; PROHIBITING
1.5HARASSMENT, BULLYING, INTIMIDATION, HAZING, AND VIOLENCE.
1.6 Subdivision 1.
Model policy. The commissioner shall maintain and make
1.7available to school boards a model
sexual, religious, and racial harassment
, bullying,
1.8intimidation, hazing, and violence policy. The model policy shall address the requirements
1.9of subdivision 2, and may encourage violence prevention and character development
1.10education programs, consistent with section
120B.232, subdivision 1, to prevent and
1.11reduce policy violations.
1.12 Subd. 2.
Sexual, religious, and racial harassment and violence policy
1.13Harassment, bullying, intimidation, hazing, and violence policy. A school board must
1.14adopt a written sexual, religious, and racial harassment and sexual, religious, and racial
1.15violence policy that conforms with chapter 363A. (a) A school board must adopt a written
1.16policy that prohibits harassment, bullying, intimidation, hazing, and violence based on,
1.17but not limited to, actual or perceived race, color, creed, religion, national origin, sex,
1.18marital status, disability, socioeconomic status, sexual orientation, gender identity or
1.19expression, age, physical characteristics, and association with a person or group with one
1.20or more of these actual or perceived characteristics. The policy shall address harassment,
1.21bullying, intimidation, hazing, and violence in all forms, including, but not limited to,
1.22electronic forms and forms requiring internet use. The policy shall apply to pupils,
1.23teachers, administrators, and other school personnel, include reporting procedures, and set
1.24forth disciplinary actions that will be taken for violation of the policy. Disciplinary actions
1.25must conform with collective bargaining agreements and sections
121A.41 to
121A.56.
1.26The policy must be conspicuously posted throughout each school building,
posted on the
2.1district's Web site, given to each district employee and independent contractor at the time
2.2of entering into the person's employment contract, and included in each school's student
2.3handbook on school policies.
The policy specific to hazing must apply to student behavior
2.4that occurs on or off school property and during and after school hours. Each school must
2.5develop a process for discussing the school's
sexual, religious, and racial harassment
,
2.6bullying, intimidation, hazing, and violence policy with students and school employees.
2.7School employees shall receive training on preventing and responding to harassment,
2.8bullying, intimidation, hazing, and violence.
2.9(b) "Hazing" means committing an act against a student, or coercing a student into
2.10committing an act, that creates a substantial risk of harm to a person in order for the
2.11student to be initiated into or affiliated with a student organization.
2.12(c) "Student organization" means a group, club, or organization having students as
2.13its primary members or participants.
2.14 Subd. 3.
Submission to commissioner. Each school board must submit to the
2.15commissioner a copy of the
sexual, religious, and racial harassment
, bullying, intimidation,
2.16hazing, and
sexual, religious, and racial violence policy the board has adopted.
2.17EFFECTIVE DATE.This section is effective the day following final enactment
2.18and applies to the 2010-2011 school year and later.
2.19 Sec. 2. Minnesota Statutes 2008, section 124D.10, subdivision 8, is amended to read:
2.20 Subd. 8.
State and local requirements. (a) A charter school shall meet all
2.21applicable state and local health and safety requirements.
2.22(b) A school sponsored by a school board may be located in any district, unless the
2.23school board of the district of the proposed location disapproves by written resolution.
2.24(c) A charter school must be nonsectarian in its programs, admission policies,
2.25employment practices, and all other operations. A sponsor may not authorize a charter
2.26school or program that is affiliated with a nonpublic sectarian school or a religious
2.27institution.
2.28(d) Charter schools must not be used as a method of providing education or
2.29generating revenue for students who are being home-schooled.
2.30(e) The primary focus of a charter school must be to provide a comprehensive
2.31program of instruction for at least one grade or age group from five through 18 years
2.32of age. Instruction may be provided to people younger than five years and older than
2.3318 years of age.
2.34(f) A charter school may not charge tuition.
3.1(g) A charter school is subject to and must comply with chapter 363A and
section
3.2sections 121A.03 and
121A.04.
3.3(h) A charter school is subject to and must comply with the Pupil Fair Dismissal
3.4Act, sections
121A.40 to
121A.56, and the Minnesota Public School Fee Law, sections
3.5123B.34
to
123B.39.
3.6(i) A charter school is subject to the same financial audits, audit procedures, and
3.7audit requirements as a district. Audits must be conducted in compliance with generally
3.8accepted governmental auditing standards, the Federal Single Audit Act, if applicable,
3.9and section
6.65. A charter school is subject to and must comply with sections
15.054;
3.10118A.01
;
118A.02;
118A.03;
118A.04;
118A.05;
118A.06;
123B.52, subdivision 5;
3.11471.38
;
471.391;
471.392;
471.425;
471.87;
471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13,
3.12and 15
;
471.881; and
471.89. The audit must comply with the requirements of sections
3.13123B.75
to
123B.83, except to the extent deviations are necessary because of the program
3.14at the school. Deviations must be approved by the commissioner. The Department
3.15of Education, state auditor, or legislative auditor may conduct financial, program, or
3.16compliance audits. A charter school determined to be in statutory operating debt under
3.17sections
123B.81 to
123B.83 must submit a plan under section
123B.81, subdivision 4.
3.18(j) A charter school is a district for the purposes of tort liability under chapter 466.
3.19(k) A charter school must comply with sections
13.32;
120A.22, subdivision 7;
3.20121A.75
; and
260B.171, subdivisions 3 and 5.
3.21(l) A charter school is subject to the Pledge of Allegiance requirement under section
3.22121A.11, subdivision 3
.
3.23 Sec. 3.
REPEALER.
3.24Minnesota Statutes 2008, sections 121A.0695; and 121A.69, are repealed."
3.25Amend the title accordingly