HF 1502

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/06/2023 03:43pm

A bill for an act
relating to education; creating an ethnic studies requirement; creating an Ethnic
Studies Working Group; authorizing rulemaking; requiring a report; appropriating
money; amending Minnesota Statutes 2022, sections 120B.021, subdivision 1;
120B.024, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes,
chapter 120B.

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

Section 1.

Minnesota Statutes 2022, section 120B.021, subdivision 1, is amended to read:

Subdivision 1.

Required academic standards.

(a) The following subject areas are
required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography, economics, ethnic studies, and
government and citizenship that includes civics consistent with section 120B.02, subdivision
3;

(5) physical education;

(6) health, for which locally developed academic standards apply; and

(7) the arts, for which statewide or locally developed academic standards apply, as
determined by the school district. Public elementary and middle schools must offer at least
three and require at least two of the following four arts areas: dance; music; theater; and
visual arts. Public high schools must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater; and visual arts.

(b) For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
program team has determined that the required academic standards are inappropriate. An
individualized education program team that makes this determination must establish
alternative standards.

(c) The department must adopt the most recent SHAPE America (Society of Health and
Physical Educators) kindergarten through grade 12 standards and benchmarks for physical
education as the required physical education academic standards. The department may
modify and adapt the national standards to accommodate state interest. The modification
and adaptations must maintain the purpose and integrity of the national standards. The
department must make available sample assessments, which school districts may use as an
alternative to local assessments, to assess students' mastery of the physical education
standards beginning in the 2018-2019 school year.

(d) A school district may include child sexual abuse prevention instruction in a health
curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention
instruction may include age-appropriate instruction on recognizing sexual abuse and assault,
boundary violations, and ways offenders groom or desensitize victims, as well as strategies
to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may
provide instruction under this paragraph in a variety of ways, including at an annual assembly
or classroom presentation. A school district may also provide parents information on the
warning signs of child sexual abuse and available resources.

(e) District efforts to develop, implement, or improve instruction or curriculum as a
result of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.

EFFECTIVE DATE.

This section is effective for the 2027-2028 school year and later.

Sec. 2.

Minnesota Statutes 2022, section 120B.024, subdivision 1, is amended to read:

Subdivision 1.

Graduation requirements.

(a) Students beginning 9th grade in the
2011-2012 school year and later must successfully complete the following high school level
credits for graduation:

(1) four credits of language arts sufficient to satisfy all of the academic standards in
English language arts;

(2) three credits of mathematics, including an algebra II credit or its equivalent, sufficient
to satisfy all of the academic standards in mathematics;

(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th grade
standards in mathematics;

(4) three credits of science, including at least one credit of biology, one credit of chemistry
or physics, and one elective credit of science. The combination of credits under this clause
must be sufficient to satisfy (i) all of the academic standards in either chemistry or physics
and (ii) all other academic standards in science;

(5) three and one-half credits of social studies, encompassing at least United States
history, geography, government and citizenship, world history, and economics sufficient
to satisfy all of the academic standards in social studies;

(6) one credit of the arts sufficient to satisfy all of the state or local academic standards
in the arts; and

(7) a minimum of seven elective credits.

(b) A school district is encouraged to offer a course for credit in government and
citizenship to 11th or 12th grade students in grade 11 or 12 who begin 9th grade 9 in the
2020-2021 school year and later, that satisfies the government and citizenship requirement
in paragraph (a), clause (5).

(c) Students must successfully complete an ethnic studies course for credit to graduate
from high school in accordance with section 120B.025. A school district is required to offer
an ethnic studies course that satisfies the requirements under section 120B.025 for credit
to students in high school who begin grade 9 in the 2025-2026 school year and later.

EFFECTIVE DATE.

This section is effective for students beginning grade 9 in the
2025-2026 school year and later.

Sec. 3.

Minnesota Statutes 2022, section 120B.024, subdivision 2, is amended to read:

Subd. 2.

Credit equivalencies.

(a) A one-half credit of economics taught in a school's
agriculture education or business department may fulfill a one-half credit in social studies
under subdivision 1, clause (5), if the credit is sufficient to satisfy all of the academic
standards in economics.

(b) An agriculture science or career and technical education credit may fulfill the elective
science credit required under subdivision 1, clause (4), if the credit meets the state physical
science, life science, earth and space science, chemistry, or physics academic standards or
a combination of these academic standards as approved by the district. An agriculture or
career and technical education credit may fulfill the credit in chemistry or physics required
under subdivision 1, clause (4), if the credit meets the state chemistry or physics academic
standards as approved by the district. A student must satisfy either all of the chemistry
academic standards or all of the physics academic standards prior to graduation. An
agriculture science or career and technical education credit may not fulfill the required
biology credit under subdivision 1, clause (4).

(c) A career and technical education credit may fulfill a mathematics or arts credit
requirement under subdivision 1, clause (2) or (6).

(d) An agriculture education teacher is not required to meet the requirements of Minnesota
Rules, part 3505.1150, subpart 1, item B, to meet the credit equivalency requirements of
paragraph (b) above.

(e) A computer science credit may fulfill a mathematics credit requirement under
subdivision 1, clause (2), if the credit meets state academic standards in mathematics.

(f) A Project Lead the Way credit may fulfill a science or mathematics credit requirement
under subdivision 1, clause (2) or (4), if the credit meets the state academic standards in
science or mathematics.

(g) An ethnic studies credit may fulfill a social studies, language arts, or science credit
if the credit meets the applicable state academic standards. An ethnic studies credit may
fulfill an arts credit if the credit meets the local standards, or state standards for a district
that has adopted the state standards. An ethnic studies credit may fulfill a required elective
credit if the credit meets applicable local academic standards or other requirements.

EFFECTIVE DATE.

This section is effective July 1, 2023.

Sec. 4.

[120B.025] ETHNIC STUDIES.

Subdivision 1.

Definition.

"Ethnic studies" means the critical and interdisciplinary study
of race, ethnicity, and indigeneity with a focus on the experiences and perspectives of people
of color within and beyond the United States. Ethnic studies analyzes the ways in which
race and racism have been and continue to be powerful social, cultural, and political forces,
and the connection of race to other groups of stratification, including gender, class, sexuality,
religion, and legal status.

Subd. 2.

Requirements.

(a) A student beginning grade 9 in the 2025-2026 school year
and later must successfully complete a semester-long ethnic studies course to graduate from
high school. The course must meet the minimum requirements of the model curriculum
under subdivision 6. A district or charter school must offer an ethnic studies course that
fulfills the requirements of this paragraph without increasing the number of credits required
for graduation under section 120B.024. An ethnic studies credit may fulfill a social studies,
language arts, or science credit if the credit meets the applicable state academic standards.
An ethnic studies credit may fulfill an arts credit if the credit meets the local standards, or
state standards for a district that has adopted the state standards. An ethnic studies credit
may fulfill a required elective credit if the credit meets applicable local academic standards
or other requirements.

(b) School districts and charter schools must provide ethnic studies instruction in
elementary schools and middle schools by the 2027-2028 school year in accordance with
state academic standards.

(c) Ethnic studies instruction must meet statewide academic standards for ethnic studies
curriculum.

(d) An ethnic studies course may focus specifically on a particular group of national or
ethnic origin, including Hmong, Karen, or Somali people.

Subd. 3.

Rulemaking.

The commissioner of education must adopt rules for statewide
academic standards for ethnic studies curriculum to be required for all kindergarten through
grade 12 students. The rules must include a process for implementing standards statewide.

Subd. 4.

School needs assessment.

(a) A school district or charter school must conduct
an ethnic studies school needs assessment with students, parents or guardians, and community
members to determine the priorities for course selection, implementation, and timeline. The
ethnic studies school needs assessment must include qualitative and quantitative components.
Qualitative priorities must include written and in-person feedback opportunities for students,
parents or guardians, and community members. Quantitative priorities must include a school
survey.

(b) A school district or charter school must annually evaluate the implementation of
ethnic studies instruction by seeking feedback from students, parents or guardians, and
community members. A school district or charter school must report to the commissioner
of education in the form and manner determined by the commissioner on plans to modify
implementation based on the annual evaluation.

Subd. 5.

Department of Education.

(a) The Department of Education must hire dedicated
ethnic studies staff sufficient to fulfill the following department duties:

(1) monitor school district and charter school implementation of ethnic studies courses
that fulfill ethnic studies standards;

(2) support school districts and charter schools in providing training for teachers and
school district staff to successfully implement ethnic studies standards;

(3) require each school district or charter school to annually evaluate the implementation
of the ethnic studies requirements by seeking feedback from students, parents or guardians,
and community members;

(4) encourage school districts and charter schools to hire a dedicated coordinator for
ethnic studies implementation with support from the Department of Education; and

(5) make available to school districts and charter schools the following:

(i) an ethnic studies school survey for each school district and charter school to use as
part of a school needs assessment;

(ii) a list of recommended materials, resources, sample curricula, and pedagogical skills
for use in kindergarten through grade 12 that accurately reflect the diversity of the state of
Minnesota;

(iii) training materials for teachers and district and school staff, including an ethnic
studies coordinator, to implement ethnic studies requirements, including a school needs
assessment; and

(iv) other resources to assist districts and charter schools in successfully implementing
ethnic studies standards.

(b) The commissioner must review and revise the ethnic studies standards, once adopted,
every ten years. Review and revision of the state standards must include robust community
engagement and consultation with stakeholders.

Subd. 6.

Model curriculum.

(a) The Department of Education must support school
districts and charter schools in using the model curriculum identified by the Ethnic Studies
Working Group and materials developed by members of the community that is the subject
of the course. The model curriculum must:

(1) use various forms of pedagogy to meet all students' needs, including participatory
or research-based models for real-world connections to the current society;

(2) include a power, race, class, and gender analysis as part of the course via literature,
discussion, classwork, and homework as the analysis relates to ethnic studies courses; and

(3) include an intersectional analysis of climate, health, food, housing, education, and
policy.

(b) The model ethnic studies curriculum must include the following topics:

(1) Latinx studies;

(2) African American studies;

(3) Asian American studies;

(4) Indigenous or First Nation studies; or

(5) introduction to ethnic studies.

EFFECTIVE DATE.

This section is effective July 1, 2023, except subdivision 3, which
is effective the day following final enactment.

Sec. 5. ETHNIC STUDIES WORKING GROUP.

Subdivision 1.

Working group established.

(a) The Ethnic Studies Working Group is
established to advise the commissioner of education on ethnic studies standards, curriculum,
and resources necessary to implement ethnic studies requirements under Minnesota Statutes,
section 120B.025. The commissioner must appoint members of the working group by July
1, 2023, with input from the Minnesota Ethnic Studies Coalition.

(b) The Ethnic Studies Working Group must have 25 members with a demonstrated
commitment to ethnic studies, as follows:

(1) five community members with a demonstrated commitment to ethnic studies;

(2) three public school students in grades 9 to 12;

(3) two public school students in grades 6 to 8;

(4) three parents or guardians of public kindergarten through grade 12 students;

(5) three Minnesota-based, college-level faculty experts in ethnic studies;

(6) three ethnic studies high school teachers;

(7) four teachers with experience teaching ethnic studies to students in kindergarten to
grade 8; and

(8) two school administrators.

(c) Demographics of the working group must be inclusive and represent the diversity
of the state, including racial, ethnic, and geographic diversity, and diversity related to gender
and sexual orientation, immigrant status, disability status, and religious and linguistic
background.

Subd. 2.

Duties.

(a) The working group must review available ethnic studies curricula
and instructional resources in order to:

(1) develop ethnic studies standards to propose to the commissioner for adoption;

(2) recommend professional learning requirements for educators and staff to facilitate
the successful implementation of ethnic studies courses;

(3) recommend resources and materials school districts and charter schools may use to
implement ethnic studies standards; and

(4) identify or develop model ethnic studies curricula that school districts and charter
schools may use in accordance with section 120B.025.

(b) The working group must provide to the commissioner of education the ethnic studies
standards and recommendations by October 31, 2024, and the model ethnic studies curriculum
by July 1, 2025.

Subd. 3.

Meetings and compensation.

(a) The working group must convene on at least
a bimonthly basis and must hold the first meeting no later than October 15, 2023.

(b) Members of the working group shall receive a stipend of $250 per month for their
time, work, and expertise.

Subd. 4.

Administration.

The commissioner must provide meeting space and technical
assistance for the working group.

Subd. 5.

Statewide academic standards.

The commissioner must adopt the academic
standards for ethnic studies curricula developed by the working group using the expedited
rulemaking process in Minnesota Statutes, section 14.389.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 6. APPROPRIATIONS.

Subdivision 1.

Department of Education.

The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.

Subd. 2.

Ethnic Studies Working Group.

For the Ethnic Studies Working Group:

	$	.......	.....	2024
	$	.......	.....	2025

Subd. 3.

Ethnic studies implementation.

(a) To implement statewide academic standards
for ethnic studies curricula:

	$	.......	.....	2024
	$	.......	.....	2025

(b) Of this amount, $....... is for two ethnic studies specialists at the Department of
Education to provide support to school districts seeking to establish or strengthen ethnic
studies courses.

(c) The base for fiscal year 2026 is $.......

Subd. 4.

Ethnic studies community consultation.

(a) To consult with community
members throughout Minnesota on the development of ethnic studies curricula, resources,
and implementation support:

	$	.......	.....	2024
	$	.......	.....	2025

(b) The base for fiscal year 2026 is $.......

Subd. 5.

Ethnic studies school grants.

(a) For competitive grants to school districts
and charter schools to develop and implement ethnic studies courses:

	$	.......	.....	2024
	$	.......	.....	2025

(b) The commissioner must consult with the Ethnic Studies Working Group to develop
criteria for the grants.

(c) The base for fiscal year 2024 is $.......

EFFECTIVE DATE.

This section is effective July 1, 2023.