Minnesota - Bullying Protections for Enumerated Groups: Program Requirement

Area: 
Program Requirement
Policy Type: 
Statute
Summary: 

State law enumerates protected classes including explicit protections for LGBTQ youth.

Minnesota Statutes 2018 Education Code, Chapter 121A Student Rights, Responsibilities, and Behavior 121A.031 School Student Bullying Policy

Subd. 2.  Definitions.
(a) For purposes of this section, the following terms have the meanings given them.

(b) “District” means a district under section 120A.05, subdivision 8.

(c) “Public school” or “school” means a public school under section 120A.05, subdivisions 9, 11, 13, and 17, and a charter school under section 124D.10.

(d) “Student” means a student enrolled in a school under paragraph (c).

(e) “Bullying” means intimidating, threatening, abusive, or harming conduct that is objectively offensive and:

  • (1) there is an actual or perceived imbalance of power between the student engaging in prohibited conduct and the target of the behavior and the conduct is repeated or forms a pattern; or
  • (2) materially and substantially interferes with a student’s educational opportunities or performance or ability to participate in school functions or activities or receive school benefits, services, or privileges.

(f) “Cyberbullying” means bullying using technology or other electronic communication, including, but not limited to, a transfer of a sign, signal, writing, image, sound, or data, including a post on a social network Internet Web site or forum, transmitted through a computer, cell phone, or other electronic device.

(g) Intimidating, threatening, abusive, or harming conduct may involve, but is not limited to, conduct that causes physical harm to a student or a student’s property or causes a student to be in reasonable fear of harm to person or property; under Minnesota common law, violates a student’s reasonable expectation of privacy, defames a student, or constitutes intentional infliction of emotional distress against a student; is directed at any student or students, including those based on a person’s actual or perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex, marital status, familial status, socioeconomic status, physical appearance, sexual orientation, including gender identity and expression, academic status related to student performance, disability, or status with regard to public assistance, age, or any additional characteristic defined in chapter 363A. However, prohibited conduct need not be based on any particular characteristic defined in this paragraph or chapter 363A.

Policy Links: