Subdivision 1. Student bullying policy; scope and application.
(a) This section applies to bullying by a student against another student enrolled in a public school and which occurs:
(1) on the school premises, at the school functions or activities, or on the school transportation;
(2) by use of electronic technology and communications on the school premises, during the school functions or activities, on the school transportation, or on the school computers, networks, forums, and mailing lists; or
(3) by use of electronic technology and communications off the school premises to the extent such use substantially and materially disrupts student learning or the school environment.
(b) A nonpublic school under section 123B.41, subdivision 9, consistent with its school accreditation cycle, is encouraged to electronically transmit to the commissioner its antibullying policy, if any, and any summary data on its bullying incidents.
(c) This section does not apply to a home school under sections 120A.22, subdivision 4, and 120A.24, or a nonpublic school under section 123B.41, subdivision 9.
(d) A school-aged child who voluntarily participates in a public school activity such as a co-curricular or extra-curricular activity, is subject to the same student bullying policy provisions applicable to the public school students participating in the activity.
1121A.0312. Malicious and sadistic conduct.
(a) For purposes of this section, "malicious and sadistic conduct" means creating a hostile learning environment by acting with the intent to cause harm by intentionally injuring another without just cause or reason or engaging in extreme or excessive cruelty or delighting in cruelty.
(c) The policy must apply to students, independent contractors, teachers, administrators, and other school personnel; must include at a minimum the components under section 121A.031, subdivision 4, paragraph (a); and must include disciplinary actions for each violation of the policy. Disciplinary actions must conform with collective bargaining agreements and sections 121A.41 to 121A.56.