HF 516

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/08/2021 04:12pm

A bill for an act
relating to education; requiring schools to reopen for continuous on-site instruction.

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

Section 1. new text begin OPENING SCHOOLS FOR ON-SITE INSTRUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
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new text begin (b) "Continuous on-site instruction" means on-site instruction provided at least four days
a week during the regularly scheduled school calendar.
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new text begin (c) "Distance instruction" means remote instruction delivered to a student involving
daily interactions with a licensed teacher and the student is provided appropriate education
materials. Daily interaction with teachers includes access to teachers online and by telephone
during normal school hours and on normal school days. Distance instruction includes online
instruction as determined by the school board and may reflect the model developed by the
commissioner of education for the 2019-2020 school year.
new text end

new text begin (d) "On-site instruction" means instruction delivered at a school facility. To the extent
practicable, on-site instruction must comply with all COVID-19 prevention guidelines issued
by the Department of Health.
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new text begin (e) "Prekindergarten program" means a school readiness, school readiness plus, voluntary
prekindergarten, or other school-based preschool program for children ages four and older.
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new text begin Subd. 2. new text end

new text begin Continuous on-site instruction. new text end

new text begin (a) A school board must open schools in the
district for continuous on-site instruction in the following order:
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new text begin (1) prekindergarten programs and elementary schools;
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new text begin (2) middle schools; and
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new text begin (3) high schools.
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new text begin A school board must open schools for continuous on-site instruction no later than the dates
specified in paragraph (b), but may adopt a written resolution to return to continuous on-site
instruction on an accelerated schedule.
new text end

new text begin (b) A school board must begin to provide continuous on-site instruction for students
with individualized education programs by February 1, 2021. For students without
individualized education programs, a school board must begin to provide continuous on-site
instruction on the following schedule:
new text end

new text begin (1) prekindergarten programs and elementary schools between January 18 and February
5, 2021;
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new text begin (2) middle schools between February 8 and February 26, 2021; and
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new text begin (3) high schools between March 1 and March 19, 2021.
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new text begin (c) Notwithstanding Minnesota Statutes, section 120A.41, for the 2020-2021 school
year only, a school board's annual calendar may include fewer than 165 days of instruction
and may be structured as a four-day week schedule.
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new text begin (d) The commissioner of education must assist school districts and charter schools to
reopen schools for continuous on-site instruction, including providing assistance to schools
to implement their safe learning plans. The assistance may include recommendations to
strengthen services to students disproportionately affected by distance instruction.
new text end

new text begin Subd. 3. new text end

new text begin Safety measures. new text end

new text begin (a) A school board must adopt a safe learning plan and post
it on the district or charter school website. A school board must consider elements of the
Department of Health's Planning Guide for Schools when establishing its safe learning plan,
and to the extent practicable, follow the Department of Education's Safe Learning Plan.
new text end

new text begin (b) A school board's learning plan must:
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new text begin (1) encourage students to wear masks if a school cannot facilitate maintaining at least
three feet of distance between students in classrooms or when students are engaged in
physical activity; and
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new text begin (2) reduce or eliminate activities in close communal shared spaces, including cafeterias,
to the extent practicable.
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new text begin (c) A school board may not require children in prekindergarten programs or students in
grades kindergarten through 3 to wear masks.
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new text begin (d) Schools may serve meals in classrooms or other appropriate areas.
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new text begin Subd. 4. new text end

new text begin Parent choice. new text end

new text begin A student's parent or guardian may choose to have their student
participate in distance instruction instead of on-site instruction for the remainder of the
2020-2021 school year. Each school district and charter school must offer a distance
instruction model that meets the educational needs of all students of families who choose
not to receive on-site instruction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end