HF 1348

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/06/2023 03:44pm

A bill for an act
relating to education finance; providing for employee health insurance; increasing
the minimum starting salary for nonlicensed school personnel; providing for paid
orientation and professional development for paraprofessionals; appropriating
money; amending Minnesota Statutes 2022, sections 120A.414, by adding a
subdivision; 125A.08; 471.61, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapters 121A; 123B; 126C.

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

Section 1.

Minnesota Statutes 2022, section 120A.414, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Other school personnel. new text end

new text begin A school district or charter school that declares an
e-learning day must continue to pay the full wages for scheduled work hours and benefits
of all school employees for the duration of the e-learning period. During the e-learning
period, school employees must be allowed to work from home to the extent practicable, be
assigned to work in an alternative location, or be retained on an on-call basis for any potential
need.
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

Sec. 2.

new text begin [121A.642] TRAINING ON STUDENT BEHAVIOR.
new text end

new text begin (a) A school district or charter school must provide noninstructional staff, including but
not limited to food service employees and bus drivers, with a minimum of 16 annual hours
of paid orientation or professional development. The training must include:
new text end

new text begin (1) strategies for managing student behavior;
new text end

new text begin (2) district or school policies relating to student behavior or discipline, including the
bullying policy under section 121A.031; and
new text end

new text begin (3) district or school resources for addressing student behavior.
new text end

new text begin (b) Up to eight hours of paid training provided under section 171.321, subdivision 4,
may be counted toward the 16 hours required under this section.
new text end

new text begin (c) A school administrator must provide an annual certification of compliance with this
requirement to the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3.

new text begin [123B.026] EMPLOYEES OF CONTRACTORS.
new text end

new text begin (a) A school district or charter school that enters into a contract for services with a third
party must require the third party to pay all its employees wages at a rate of at least $25 per
hour. Unless approved by the commissioner of education, a school board must renegotiate
any agreement for services with a third party in effect as of July 1, 2024, to require the third
party to pay all its employees wages at a rate of at least $25 per hour, 16 hours of paid
orientation or professional development that meets the requirements of section 121A.642,
and wages for days that a school district or charter school designates as an e-learning day
under section 120A.414.
new text end

new text begin (b) A school administrator must provide an annual certification of compliance with this
section to the commissioner of education. The first certification must be submitted by July
1, 2024.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2022, section 125A.08, is amended to read:

125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.

(a) At the beginning of each school year, each school district shall have in effect, for
each child with a disability, an individualized education program.

(b) As defined in this section, every district must ensure the following:

(1) all students with disabilities are provided the special instruction and services which
are appropriate to their needs. Where the individualized education program team has
determined appropriate goals and objectives based on the student's needs, including the
extent to which the student can be included in the least restrictive environment, and where
there are essentially equivalent and effective instruction, related services, or assistive
technology devices available to meet the student's needs, cost to the district may be among
the factors considered by the team in choosing how to provide the appropriate services,
instruction, or devices that are to be made part of the student's individualized education
program. The individualized education program team shall consider and may authorize
services covered by medical assistance according to section 256B.0625, subdivision 26.
Before a school district evaluation team makes a determination of other health disability
under Minnesota Rules, part 3525.1335, subparts 1 and 2, item A, subitem (1), the evaluation
team must seek written documentation of the student's medically diagnosed chronic or acute
health condition signed by a licensed physician or a licensed health care provider acting
within the scope of the provider's practice. The student's needs and the special education
instruction and services to be provided must be agreed upon through the development of
an individualized education program. The program must address the student's need to develop
skills to live and work as independently as possible within the community. The individualized
education program team must consider positive behavioral interventions, strategies, and
supports that address behavior needs for children. During grade 9, the program must address
the student's needs for transition from secondary services to postsecondary education and
training, employment, community participation, recreation, and leisure and home living. In
developing the program, districts must inform parents of the full range of transitional goals
and related services that should be considered. The program must include a statement of
the needed transition services, including a statement of the interagency responsibilities or
linkages or both before secondary services are concluded. If the individualized education
program meets the plan components in section 120B.125, the individualized education
program satisfies the requirement and no additional transition plan is needed;

(2) children with a disability under age five and their families are provided special
instruction and services appropriate to the child's level of functioning and needs;

(3) children with a disability and their parents or guardians are guaranteed procedural
safeguards and the right to participate in decisions involving identification, assessment
including assistive technology assessment, and educational placement of children with a
disability;

(4) eligibility and needs of children with a disability are determined by an initial
evaluation or reevaluation, which may be completed using existing data under United States
Code, title 20, section 33, et seq.;

(5) to the maximum extent appropriate, children with a disability, including those in
public or private institutions or other care facilities, are educated with children who are not
disabled, and that special classes, separate schooling, or other removal of children with a
disability from the regular educational environment occurs only when and to the extent that
the nature or severity of the disability is such that education in regular classes with the use
of supplementary services cannot be achieved satisfactorily;

(6) in accordance with recognized professional standards, testing and evaluation materials,
and procedures used for the purposes of classification and placement of children with a
disability are selected and administered so as not to be racially or culturally discriminatory;
and

(7) the rights of the child are protected when the parents or guardians are not known or
not available, or the child is a ward of the state.

(c) For all paraprofessionals employed to work in programs whose role in part is to
provide direct support to students with disabilities, the school board in each district shall
ensure that:

(1) before or beginning at the time of employment, each paraprofessional must develop
sufficient knowledge and skills in emergency procedures, building orientation, roles and
responsibilities, confidentiality, vulnerability, and reportability, among other things, to begin
meeting the needs, especially disability-specific and behavioral needs, of the students with
whom the paraprofessional works;

new text begin (2) before beginning work with an individual student with a disability, each
paraprofessional must be given paid time to review a student's individualized education
program and paid time to collaborate with a student's teacher regarding the plan;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end annual training opportunities are required to enable the paraprofessional to
continue to further develop the knowledge and skills that are specific to the students with
whom the paraprofessional works, including understanding disabilities, the unique and
individual needs of each student according to the student's disability and how the disability
affects the student's education and behavior, following lesson plans, and implementing
follow-up instructional procedures and activities; deleted text begin and
deleted text end

new text begin (4) a minimum of 16 hours of paid orientation or professional development must be
provided annually to all paraprofessionals, Title I aides, and other instructional support staff
before the first instructional day of the school year. The orientation or professional
development must be relevant to the employee's occupation and may include collaboration
time with classroom teachers and planning for the school year. For paraprofessionals who
provide direct support to students, at least 50 percent of the professional development or
orientation must be dedicated to meeting the requirements of this section. Professional
development for paraprofessionals may also address the requirements of section 120B.363,
subdivision 3. A school administrator must provide an annual certification of compliance
with this requirement to the commissioner; and
new text end

deleted text begin (3) deleted text end new text begin (5) new text end a districtwide process obligates each paraprofessional to work under the ongoing
direction of a licensed teacher and, where appropriate and possible, the supervision of a
school nurse.

(d) A school district may conduct a functional behavior assessment as defined in
Minnesota Rules, part 3525.0210, subpart 22, as a stand-alone evaluation without conducting
a comprehensive evaluation of the student in accordance with prior written notice provisions
in section 125A.091, subdivision 3a. A parent or guardian may request that a school district
conduct a comprehensive evaluation of the parent's or guardian's student.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

new text begin [126C.38] MINIMUM WAGE RATE AID.
new text end

new text begin Subdivision 1. new text end

new text begin Minimum wage. new text end

new text begin Notwithstanding any law to the contrary, a school
district or charter school must pay the following employees wages at a rate of at least $25
per hour:
new text end

new text begin (1) paraprofessionals, Title I aides, and other instructional support staff;
new text end

new text begin (2) food service employees;
new text end

new text begin (3) bus drivers; and
new text end

new text begin (4) other employees who do not have a license issued by the Professional Educator
Licensing and Standards Board or the Board of School Administrators, and who work at
least 14 hours per week and 100 workdays per year in one position.
new text end

new text begin Subd. 2. new text end

new text begin Aid. new text end

new text begin A school district or charter school's minimum wage rate aid equals $........
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 school year and later.
new text end

Sec. 6.

Minnesota Statutes 2022, section 471.61, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Premium costs for school employees. new text end

new text begin (a) A school district, charter school, or
cooperative unit under section 123A.24, subdivision 2, must participate in employee health
care cost sharing on the following basis:
new text end

new text begin (1) 100 percent of the annual health insurance premium and at least 50 percent of the
annual out-of-pocket maximum must be contributed for employees covered under a single
premium; and
new text end

new text begin (2) at least 85 percent of the annual health insurance premium and at least 50 percent of
the annual out-of-pocket maximum must be contributed for employees covered under a
family premium.
new text end

new text begin (b) A school district, charter school, or cooperative unit under section 123A.24,
subdivision 2, must receive financial assistance at the rate of $....... per pupil unit to fund
the cost sharing in paragraph (a) and a school district may levy for an amount equal to the
financial assistance provided by the commissioner of education.
new text end

new text begin (c) A school district, charter school, or cooperative unit under section 123A.24,
subdivision 2, must provide health insurance benefits to an employee that works at least
four hours during a regular work day, and may provide the coverage to an employee that
works less than four hours during a regular work day. The premium cost sharing requirements
under this subdivision apply regardless of the number of hours an employee works in an
average day or week.
new text end

new text begin (d) A school district, intermediate school district, charter school, or cooperative unit
under section 123A.24, subdivision 2, must maintain health insurance benefits for the
employee and any dependents during a period between successive academic years or terms
if the employee was employed immediately before that period and there is a reasonable
assurance that the employee will be employed immediately following that period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 7. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

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

new text begin Subd. 2. new text end

new text begin Minimum wage rate aid. new text end

new text begin (a) For minimum wage rate aid under Minnesota
Statutes, section 126C.38:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2025 new text end

new text begin (b) One hundred percent of the aid for the previous fiscal year must be paid in the current
year for aid under Minnesota Statutes, section 126C.38.
new text end

new text begin Subd. 3. new text end

new text begin Paraprofessional training. new text end

new text begin For costs associated with paid orientation and
professional development for paraprofessionals under Minnesota Statutes, section 125A.08:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2025 new text end

new text begin Subd. 4. new text end

new text begin Training on student behavior. new text end

new text begin For costs associated with paid training on
student behavior under Minnesota Statutes, section 121A.642:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2025 new text end