HF 1064

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/23/2021 12:54pm

A bill for an act
relating to education finance; providing for education impacted by COVID-19;
providing for educational uses of federal funds for COVID-19; appropriating
money for summer education programs; amending Minnesota Statutes 2020, section
126C.10, subdivision 2d.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

EDUCATION COVID ACTIONS

Section 1.

Minnesota Statutes 2020, section 126C.10, subdivision 2d, is amended to read:

Subd. 2d.

Declining enrollment revenue.

(a) For fiscal year 2021 only, a school district's
declining enrollment revenue equals the greater of zero or the product of:

(1) 48.5 percent of the formula allowance for that year; and

(2) the difference between the adjusted pupil units for the preceding year and the adjusted
pupil units for the current year.

(b) For fiscal year 2022 and later, a school district's declining enrollment revenue equals
the greater of zero or the product of: (1) 28 percent of the formula allowance for that year
and (2) the difference between the adjusted pupil units for the preceding year and the adjusted
pupil units for the current year.

(b) (c) Notwithstanding paragraph (a), for fiscal year 2022 only, prekindergarten pupil
units under section 126C.05, subdivision 1, paragraph (d), must be excluded from the
calculation of declining enrollment revenue.

EFFECTIVE DATE.

This section is effective the day following final enactment for
fiscal year 2021 and later.

Sec. 2. STUDENTS WITH DISABILITIES.

Subdivision 1.

Home visits.

A school district may provide services required by an
individualized education program to a student at the student's home. If a district chooses to
provide services at a student's home under this subdivision, the services provided by district
staff under this subdivision are determined necessary and essential to meet the district's
obligation to provide special instruction and services to a student with a disability and qualify
for funding in accordance with Minnesota Statutes, chapter 125A. A district choosing to
provide the home visit services must meet and negotiate the terms and conditions of
employment with the exclusive representative, if any, of the staff providing the services in
accordance with Minnesota Statutes, chapter 179A.

Subd. 2.

Truancy.

A school district must consider how a student's disability may affect
the student's ability to engage in distance instruction when determining whether to refer a
student for truancy programs and services under Minnesota Statutes, section 260A.02,
subdivision 3, or reporting students for educational neglect under Laws 2020, First Special
Session chapter 2, article 7. School districts are encouraged to connect families with available
county-based services, not including services under Minnesota Statutes, chapter 260A, to
meet families' needs if a student is struggling with attendance.

Subd. 3.

Transition program.

A school district must allow a student participating in a
special education secondary transition program for students ages 18 to 21 with a disability,
who was expected to participate in employment, in-person job training, or independent life
skills training during the 2020-2021 school year in accordance with the student's
individualized education program, to participate during the 2021-2022 school year
notwithstanding the student's age if the student's individualized education program team
determines participation in the transition program would be appropriate.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3. APPROPRIATIONS; DEPARTMENT OF EDUCATION.

Subdivision 1.

Department of Education.

The sums in this section are appropriated
from the general fund to the commissioner of education for the fiscal years designated.

Subd. 2.

General education aid.

(a) For additional general education aid according to
section 1:

$

26,228,000

.....

2021

(b) The 2021 appropriation includes $26,228,000 for 2021 based on an aid entitlement
of $29,142,000.

Subd. 3.

Community partnerships.

(a) For grants to school districts and charter schools
to partner with community businesses and organizations, such as local businesses, to develop,
implement, and deliver a summer mentor model or tutoring model for students:

$

5,000,000

.....

2021

(b) Grant funds must be used to partner with community businesses and organizations
to deliver mentoring and tutoring programs. Fund uses may include but are not limited to:

(1) contracting with organizations to develop and implement a mentor or tutoring model;

(2) transportation to activities and events that align with the mentor model;

(3) meal reimbursements at events and off-site locations;

(4) neighborhood-based location rentals; and

(5) providing child care for students in credit recovery and other noncapital costs
associated with attending.

(c) Grants are limited to $100,000 per grant recipient.

(d) The department must make all attempts to ensure there is equitable distribution of
grant services to entities serving the seven-county metropolitan area and greater Minnesota.

(e) The department must make all attempts to prioritize grant recipients by number of
historically underserved students, including students with disabilities.

(f) Eligible grantees include school districts, charter schools, intermediate school districts,
and cooperative units as defined in Minnesota Statutes, section 123A.24, subdivision 2.

(g) Up to two percent of this appropriation is available for grant administration.

(h) This is a onetime appropriation and is available until June 30, 2022.

Subd. 4.

Expand access to tutoring.

(a) For grants to expand access to tutoring services
including academic enrichment, mental health supports, and other wraparound services for
kindergarten through grade 12 children over the summer:

$

3,250,000

.....

2021

(b) Eligible entities must have experience serving youth and include community-based
organizations, faith-based organizations, institutions of higher education, school districts,
charter schools, nonpublic schools, Tribal Nations and other American Indian organizations,
nonprofit agencies, and for-profit corporations.

(c) Grant fund uses may include but are not limited to:

(1) mental health services and supports;

(2) social, emotional, and physical health supports;

(3) summer learning or enrichment programs; or

(4) other activities that are necessary to maintain the operation and continuity of services
in youth development and education, prioritizing the needs of historically underserved
groups.

(d) Grant recipients may develop a partnership between a local school district, charter
school, nonpublic school, or any of the organizations listed in paragraph (b).

(e) Grants are limited to $200,000 per grant recipient.

(f) The department must make all attempts to ensure there is equitable distribution of
grant services to entities serving the seven-county metropolitan area and greater Minnesota.

(g) The department must make all attempts to prioritize grant recipients by number of
historically underserved students, including students with disabilities.

(h) Eligible grantees include school districts, charter schools, intermediate school districts,
and cooperative units as defined in Minnesota Statutes, section 123A.24, subdivision 2.

(i) Up to two percent of this appropriation is available for grant administration.

(j) This is a onetime appropriation and is available until June 30, 2022.

Subd. 5.

Expand mental health supports.

(a) For grants to school districts and charter
schools to expand mental health and well-being supports to youth and adolescents attending
summer learning programs:

$

1,000,000

.....

2021

(b) Grant funds must be used to pay summer stipends and benefits for student support
personnel to offer summer school students services and programming, which may include
but are not limited to:

(1) one-on-one or group mental health supports;

(2) trauma-informed practices;

(3) evidence-based social and emotional learning district or schoolwide programming;
and

(4) other well-being activities such as physical activity, mindfulness, and stress-relieving
activities.

(c) Grant recipients may partner with community organizations that work with youth to
provide mental health and well-being supports under this subdivision.

(d) The department must prioritize grant recipients by their number of historically
underserved students, including students with disabilities.

(e) Up to two percent of this appropriation is available for grant administration.

(f) This is a onetime appropriation and is available until June 30, 2022.

Subd. 6.

Field trips and hands-on learning.

(a) For grants to school districts and charter
schools to fund summer field trips for hands-on learning opportunities:

$

10,000,000

.....

2021

(b) Grant funds will be allocated to school districts and charter schools based on estimated
average daily membership and concentration of students who are eligible for free and
reduced-price lunches or have been historically underserved, including students with
disabilities.

(c) Grant funds must be used to pay for the costs of providing field trip opportunities
during the summer. These activities may include but are not limited to transportation,
educator costs and incentives, meal reimbursements, and entry or event fees.

(d) Up to two percent of this appropriation is available for grant administration.

(e) This is a onetime appropriation and is available until June 30, 2022.

Subd. 7.

Increase adult basic education program funding.

(a) For additional funding
to strengthen the adult basic education (ABE) programming statewide to ensure access to,
enhance quality of, and increase the ABE programming available:

$

10,000,000

.....

2021

(b) Up to two percent of this appropriation is available for grant administration.

(c) This is a onetime appropriation and is available until June 30, 2022.

Subd. 8.

Neighborhood programs.

(a) For grants to schools to bring summer
programming into neighborhoods and apartment buildings and to collaborate and, if
appropriate, contract with community-based organizations, libraries, parks and recreation
departments, Tribes and Tribal organizations, faith-based organizations, and other similar
learning providers to bring summer learning into the community:

$

5,000,000

.....

2021

(b) Grant funds may be for transportation, academic enrichment programming and
associated costs, mental health services, other wraparound services, location rentals, and
meal reimbursements.

(c) Grants may be made in amounts up to $100,000.

(d) The department must make all attempts to prioritize grant recipients by number of
historically undeserved students, including students with disabilities.

(e) Eligible grantees include school districts, charter schools, intermediate school districts,
and cooperative units as defined in Minnesota Statutes, section 123A.24, subdivision 2.

(f) Up to two percent of this appropriation is available for grant administration.

(g) This is a onetime appropriation and is available until June 30, 2022.

Subd. 9.

Summer preschool for four- and five-year-old students.

(a) For grants to
provide high-quality early learning opportunities to four- and five-year-old students by
providing grant money to be used in a three- or four-star-rated private preschool, a public
preschool, or a public prekindergarten in-person learning program:

$

20,000,000

.....

2021

(b) Grant money of up to $4,800 per enrolled and attending student must be allocated
to children who need additional support, were four or five years of age on September 1,
2020, and have not yet attended kindergarten. Grant money must be used for applicable
program costs limited to tuition, transportation, food service, and interpreter or multilingual
student support costs.

(c) Prioritization for program participation must take into consideration children who
qualify for free and reduced-price lunch and meet at least one of the following eligibility
categories, with the highest priority to children qualifying under multiple categories:

(1) children in foster care, involved in the child protection system, experiencing
homelessness, Tribally enrolled, or children of teenage parents; or

(2) children who need or are currently receiving educational supports and services.

(d) In order to qualify for a grant, a summer preschool program must:

(1) offer a minimum of six instructional hours per day, for five days per week, for
between ten and 12 weeks;

(2) continue to meet school-year standards of school readiness, voluntary prekindergarten,
school readiness plus, Head Start, or three- or four-star Parent Aware rating; and

(3) allow families to participate in a sliding fee scale for services if space permits.

(e) Programs that qualify under paragraph (d) may apply for grant funding to the
commissioner in the form and manner prescribed by the commissioner. The application
must indicate the number of students that the program has the capacity to serve. The
commissioner must equitably distribute grant money across school-based, Head Start, and
community preschool and child care programs.

(f) A program that receives grant money must report student information following the
criteria required under the applicable program type and as determined by the commissioner.

(g) Up to 0.5 percent of this appropriation is available for grant administration.

(h) This is a onetime appropriation and is available until June 30, 2022.

Subd. 10.

Summer college for high school graduates.

(a) For grants to provide students
who graduated in the 2020-2021 school year with secular, college-level academic
programming at a postsecondary institution during the summer of 2021:

$

6,000,000

.....

2021

(b) Grant funds must be used to pay for the actual tuition costs of postsecondary
credit-bearing or developmental courses completed by students.

(c) Grant funds must be used to reimburse actual tuition costs up to a maximum of $512
per course. If participation exceeds the appropriation, the department shall prorate
reimbursements accordingly.

(d) Grant funds must be paid as reimbursements to public institutions of higher education
located in Minnesota in a form and manner determined by the department.

(e) Grant funds awarded under this subdivision may be used to reimburse tuition for
courses taken during the summer 2021 period ending August 15, 2021.

(f) Up to two percent of this appropriation is reserved for grant and program
administration.

(g) This is a onetime appropriation and is available until June 30, 2022.

Subd. 11.

Full-service community schools.

(a) For expedited grants for full-service
community schools:

$

2,000,000

.....

2021

(b) The commissioner may award full-service community school grants to school sites
in the form and manner determined by the commissioner. The commissioner must consider
the effect of the COVID-19 pandemic on the community served by the school site, including
racial and ethnic disparities exacerbated by the pandemic, when awarding grants to school
sites. The commissioner may establish a minimum grant amount. To the extent practicable,
grants must be consistent with Minnesota Statutes, section 124D.231.

(c) A school site that receives a grant must plan to implement a full-service community
school model at that school site during the 2021-2022 school year with a focus on eliminating
existing disparities, including those potentially exacerbated by the impact of COVID-19.

(d) Up to $50,000 is for administration of this program.

(e) This is a onetime appropriation and is available until June 30, 2022.

Subd. 12.

Math corps.

(a) For Minnesota math corps under Minnesota Statutes, section
124D.42, subdivision 9:

$

3,000,000

.....

2021

(b) This grant must be used to provide services to students in any grade to reduce math
deficiencies related to the effects of the COVID-19 pandemic.

(c) This grant is in addition to any other revenue received for this purpose.

(d) This is a onetime appropriation and is available until June 30, 2022.

Subd. 13.

Reading corps.

(a) For Minnesota reading corps:

$

2,000,000

.....

2021

(b) This grant must be used to provide childhood literacy services consistent with Laws
2019, First Special Session chapter 11, article 2, section 33, subdivision 8.

(c) This grant is to provide services to students to reduce reading deficiencies related to
the effects of the COVID-19 pandemic and is in addition to any other revenue received for
this purpose.

(d) This is a onetime appropriation and is available until June 30, 2022.

Subd. 14.

After-school community learning programs.

(a) For a grant to Ignite
Afterschool for community learning programs:

$

5,000,000

.....

2021

(b) Grant funds must be used to provide academic and enrichment activities in the
2020-2021 school year and the summer of 2021 to elementary and secondary school students
who experienced learning loss during the 2020-2021 school year. Programs receiving funds
must provide student supports through social and emotional learning.

(c) To the extent practicable, Ignite Afterschool must use half of the grant funds to
expand existing after-school and summer programs, and half of the grant funds to develop
new partnerships with organizations that provide after-school programming. To the extent
practicable, Ignite Afterschool must ensure that half of the grant funds are used for programs
in the seven-county metropolitan area and half of the grant funds are used for programs
outside the seven-county metropolitan area.

(d) Ignite Afterschool must prioritize funding for programs that:

(1) provide programming to support students in receiving instruction in a distance or
hybrid learning model;

(2) include significant percentages of students with disabilities or students of color within
the groups of students served;

(3) provide culturally specific support to students; or

(4) have staff members who reflect the racial and ethnic diversity of the students served.

(e) Ignite Afterschool must report to the commissioner of education whether the programs
that received grant funds met the criteria in paragraph (d) and the amount that each program
received, and must require organizations receiving grant funds to report to the commissioner
of education on the number of students served, including the number of students with
disabilities or students of color served, and how the program addressed learning loss.

(f) Ignite Afterschool may retain up to seven percent of the appropriation to provide
technical assistance and professional development to grant recipients and three percent of
the appropriation to administer the grants.

(g) This is a onetime appropriation and is available until June 30, 2022.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 4. APPROPRIATIONS; DEPARTMENT OF HUMAN SERVICES.

Subdivision 1.

Department of Human Services.

The sum in this section is appropriated
from the general fund to the commissioner of human services for the fiscal year designated.

Subd. 2.

School-linked mental health.

(a) For expanding school-linked mental health
grants:

$

6,011,000

.....

2021

(b) The funding must be used to increase access to federal grants for school-linked mental
health services to provide additional outside one-on-one mental health supports to students.
These funds may be awarded to existing school-linked mental health providers through
amending current contracts.

(c) Of the amount in paragraph (a), $1,000,000 is to provide mental health supports to
teachers and other school staff, and $35,000 is for costs associated with amending existing
contracts with grantees in fiscal year 2021.

(d) This is a onetime appropriation and is available until June 30, 2022.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 2

FEDERAL FUNDS

Section 1. REPORT ON USE OF FEDERAL FUNDS.

The commissioner of education must submit a report to the legislative committees having
jurisdiction over kindergarten through grade 12 education on how federal funds received
for COVID-19 for education purposes were used. The report must identify all school districts,
charter schools, intermediate school districts, cooperative units as defined in Minnesota
Statutes, section 123A.24, subdivision 2, nonpublic schools, child care programs, and other
entities that receive the funds, the amounts distributed to the entities, and the purpose for
which the funds were distributed. The report must also identify any application or reporting
requirements an entity receiving the funds was required to follow. The report must be
submitted by January 14, 2022, in accordance with Minnesota Statutes, section 3.195.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2. FEDERAL FUNDS REPLACEMENT; APPROPRIATION.

Notwithstanding any law to the contrary, the commissioner of management and budget
must determine whether the expenditures authorized under this act are eligible uses of federal
funding received under the Coronavirus State Fiscal Recovery Fund or any other federal
funds received by the state under the American Rescue Plan Act, Public Law 117-2. If the
commissioner of management and budget determines an expenditure is eligible for funding
under Public Law 117-2, the amount of the eligible expenditure is appropriated from the
account where those amounts have been deposited and the corresponding general fund
amounts appropriated under this act are canceled to the general fund.

EFFECTIVE DATE.

This section is effective the day following final enactment.