Document 413330

Key DefiniEons What Does “Remedial Response” Mean? •  “Remedial response” means a measure to stop and correct prohibited conduct, prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of a student who is the target or vic.m of prohibited conduct. Establishing and ImplemenEng the Bullying Policy A Local Policy Must Be Adopted Consistent with the Act’s Requirements, OR, the School District Must Comply with the State Model Policy •  Districts, in consulta.on with students, parents, and community organiza.ons, to the extent prac.cable, shall adopt, implement, and, on a cycle consistent with other district policies, review, and revise where appropriate, a wrifen policy to prevent and prohibit student bullying consistent with the Act. The policy must conform with sec.ons 121A.41 to 121A.56 (the Minnesota Pupil Fair Dismissal Act). Establishing and ImplemenEng the Bullying Policy •  If a district does not adopt its own local policy, it must comply with the provisions of the state model policy promulgated by the Minnesota Department of Educa.on. Establishing and ImplemenEng the Bullying Policy Research-­‐Based, Developmentally Appropriate Best Prac1ces Must Be Established •  Each local district and school policy must establish research-­‐based, developmentally appropriate best prac1ces that include preven.ve and remedial measures and effec.ve discipline for deterring policy viola.ons; apply throughout the school or district; and foster ac.ve student, parent, and community par.cipa.on. A district or school may request assistance from the school safety technical assistance center in complying with local policy requirements. Establishing and ImplemenEng the Bullying Policy Content, Pos1ng and Dissemina1on Requirements The local policy shall: •  define the roles and responsibili.es of students, school personnel, and volunteers under the policy; •  specifically list the student characteris.cs from the defini.on of “In.mida.ng, threatening, abusive, or harming conduct;” •  emphasize remedial responses; •  be conspicuously posted in the administra1ve offices of the school and school district in summary form; Establishing and ImplemenEng the Bullying Policy Content, Pos1ng and Dissemina1on Requirements The local policy shall: • 
be given to each school employee and independent contractor, if a contractor regularly interacts with students, at the .me of employment with the district or school; • 
be included in the student handbook on school policies; and • 
be available to all parents and other school community members in an electronic format in the languages appearing on the district or school Web site, consistent with the district policies and prac.ces; and • 
use new employee training materials, the school publica.on on school rules, procedures, and standards of conduct, and the student handbook on school policies to publicize the policy Establishing and ImplemenEng the Bullying Policy Content, Pos1ng and Dissemina1on Requirements In addi.on to the foregoing requirements: –  Each district and school must submit an electronic copy of its prohibited conduct policy to MDE. –  Each district or school must include in the student discipline policy it distributes or otherwise transmits to students and their parents annually at the beginning of each school year no1ce about the rights and responsibili1es of students and parents under the Act. Establishing and ImplemenEng the Bullying Policy Training and Educa1on Requirements •  Consistent with its applicable policies and prac.ces, each district and school must discuss its policy with students, school personnel, and volunteers and provide appropriate training for all school personnel to prevent, iden.fy, and respond to prohibited conduct. Establishing and ImplemenEng the Bullying Policy Training and Educa1on Requirements •  Districts and schools must establish a training cycle, not to exceed a period of three school years, for school personnel. •  Newly employed school personnel must receive the training within the first year of their employment with the district or school. •  A district or school administrator may accelerate the training cycle or provide addi.onal training based on a par.cular need or circumstance. Establishing and ImplemenEng the Bullying Policy Training and Educa1on Requirements •  The local policy must require ongoing professional development, consistent with sec.on 122A.60, to build the skills of all school personnel who regularly interact with students, including, but not limited to, educators, administrators, school counselors, social workers, psychologists, other school mental health professionals, school nurses, cafeteria workers, custodians, bus drivers, athle.c coaches, extracurricular ac.vi.es advisors, and paraprofessionals to iden1fy, prevent, and appropriately address prohibited conduct; INVESTIGATING PROHIBITED CONDUCT InvesEgaEons of Prohibited Conduct Under the Act The Local Policy Must, At a Minimum: •  designate a staff member as the primary contact person in the school building to receive reports of prohibited conduct, ensure the policy and its procedures including restora.ve prac.ces, consequences, and sanc.ons are fairly and fully implemented, and serve as the primary contact on policy and procedural mafers implica.ng both the district or school and the department; InvesEgaEons of Prohibited Conduct Under the Act The Local Policy Must, At a Minimum: •  require school employees who witness prohibited conduct or possess reliable informa1on that would lead a reasonable person to suspect that a student is a target of prohibited conduct to make reasonable efforts to address and resolve the prohibited conduct; InvesEgaEons of Prohibited Conduct Under the Act The Local Policy Must, At a Minimum: •  provide a procedure to begin to inves1gate reports of prohibited conduct within three school days of the report, and make the primary contact person responsible for the inves.ga.on and any resul.ng record and for keeping and regula.ng access to any record; InvesEgaEons of Prohibited Conduct Under the Act The Local Policy Must, At a Minimum: •  indicate how a school will respond to an iden.fied incident of prohibited conduct, including immediately intervening to protect the target of the prohibited conduct; •  contain a presump1on that a district or school official will no1fy the parent of the reported target of the prohibited conduct and the parent of the actor engaged in the prohibited conduct; including data about the parents of the student, at the school administrator's discre.on and consistent with state and federal data prac.ces law governing access to data, •  provide other remedial responses to the prohibited conduct; and ensure that remedial responses are tailored to the par.cular incident and nature of the conduct and the student's developmental age and behavioral history; InvesEgaEons of Prohibited Conduct Under the Act The Local Policy Must, At a Minimum: •  prohibit reprisals or retalia.on against any person who asserts, alleges, or reports prohibited conduct or provides informa.on about such conduct and establish appropriate consequences for a person who engages in reprisal or retalia.on; •  allow anonymous repor1ng but not rely solely on an anonymous report to determine discipline; InvesEgaEons of Prohibited Conduct Under the Act The Local Policy Must, At a Minimum: •  allow the alleged actor in an inves.ga.on of prohibited conduct to present a defense; and •  inform affected students and their parents of their rights under state and federal data prac.ces laws to obtain access to data related to the incident and their right to contest the accuracy or completeness of the data. Other Policy Requirements The Local Policy Must, At a Minimum: •  provide informa.on about available community resources to the target, actor, and other affected individuals, as appropriate; The State Model Policy •  MDE, in consulta.on with the commissioner of human rights, shall develop and maintain a state model policy. •  A district that does not adopt and implement a local policy under the Act must implement and may supplement the provisions of the state model policy. The commissioner must assist districts and schools to implement the state policy.