HF 2706

as introduced - 90th Legislature (2017 - 2018) Posted on 05/20/2017 10:08am

A bill for an act
relating to education; education finance; health; workforce development; increasing
appropriations for school-linked mental health services; providing for school staff
and program development; requiring an intermediate school district program
evaluation; providing for additional supports for students attending alternative
learning centers in intermediate districts; providing additional support for homeless
students; creating professional development opportunities for staff who work with
homeless students; requiring affirmative consent standards in campus sexual assault
policies; establishing a sexual violence grant program; modifying certain
Postsecondary Enrollment Options Act provisions; amending the graduation
incentives program; establishing a youth skills training program; requiring reports;
appropriating money; amending Minnesota Statutes 2016, sections 120A.20,
subdivision 2; 120B.11, subdivision 2; 120B.115; 123B.92, subdivision 1; 124D.09,
subdivisions 9, 12, by adding a subdivision; 124D.68, subdivision 3; 125A.76,
subdivision 1; 135A.15, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapters 136A; 175.

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

Section 1.

Minnesota Statutes 2016, section 120A.20, subdivision 2, is amended to read:

Subd. 2.

Education, residence, and transportation of homeless.

(a) Notwithstanding
subdivision 1, a district must not deny free admission to a homeless pupil solely because
the district cannot determine that the pupil is a resident of the district.

(b) The school district of residence for a homeless pupil shall be the school district in
which the parent or legal guardian resides, unless: (1) parental rights have been terminated
by court order; (2) the parent or guardian is not living within the state; or (3) the parent or
guardian having legal custody of the child is an inmate of a Minnesota correctional facility
or is a resident of a halfway house under the supervision of the commissioner of corrections.
If any of clauses (1) to (3) apply, the school district of residence shall be the school district
in which the pupil resided when the qualifying event occurred. If no other district of residence
can be established, the school district of residence shall be the school district in which the
pupil currently resides. If there is a dispute between school districts regarding residency,
the district of residence is the district designated by the commissioner of education.

(c) The serving district is responsible for transporting a homeless pupil to and from the
pupil's district of residence. The district may transport from a permanent home in another
district deleted text begin but only deleted text end through the end of the academic school year new text begin and, upon request from the
formerly homeless student, for the following academic year new text end . When a pupil is enrolled in a
charter school, the district or school that provides transportation for other pupils enrolled
in the charter school is responsible for providing transportation. When a homeless student
with or without an individualized education program attends a public school other than an
independent or special school district or charter school, the district of residence is responsible
for transportation.

Sec. 2.

Minnesota Statutes 2016, section 120B.11, subdivision 2, is amended to read:

Subd. 2.

Adopting plans and budgets.

A school board, at a public meeting, shall adopt
a comprehensive, long-term strategic plan to support and improve teaching and learning
that is aligned with creating the world's best workforce and includes:

(1) clearly defined district and school site goals and benchmarks for instruction and
student achievement for all student subgroups identified in section 120B.35, subdivision 3,
paragraph (b), clause (2);

(2) a process to assess and evaluate each student's progress toward meeting state and
local academic standards, assess and identify students to participate in gifted and talented
programs and accelerate their instruction, and adopt early-admission procedures consistent
with section 120B.15, and identifying the strengths and weaknesses of instruction in pursuit
of student and school success and curriculum affecting students' progress and growth toward
career and college readiness and leading to the world's best workforce;

(3) a system to periodically review and evaluate the effectiveness of all instruction and
curriculum, taking into account strategies and best practices, student outcomes, school
principal evaluations under section 123B.147, subdivision 3, students' access to effective
teachers who are members of populations underrepresented among the licensed teachers in
the district or school and who reflect the diversity of enrolled students under section 120B.35,
subdivision 3, paragraph (b), clause (2), and teacher evaluations under section 122A.40,
subdivision 8, or 122A.41, subdivision 5;

(4) strategies for improving instruction, curriculum, and student achievement, including
the English and, where practicable, the native language development and the academic
achievement of English learners;

(5) new text begin strategies for improving instruction, curriculum, student achievement, and continuity
of services for homeless and formerly homeless students;
new text end

new text begin (6) new text end a process to examine the equitable distribution of teachers and strategies to ensure
low-income and minority children are not taught at higher rates than other children by
inexperienced, ineffective, or out-of-field teachers;

deleted text begin (6) deleted text end new text begin (7) new text end education effectiveness practices that integrate high-quality instruction, rigorous
curriculum, technology, and a collaborative professional culture that develops and supports
teacher quality, performance, and effectiveness; and

deleted text begin (7) deleted text end new text begin (8) new text end an annual budget for continuing to implement the district plan.

Sec. 3.

Minnesota Statutes 2016, section 120B.115, is amended to read:

120B.115 REGIONAL CENTERS OF EXCELLENCE.

(a) Regional centers of excellence are established to assist and support school boards,
school districts, school sites, and charter schools in implementing research-based
interventions and practices to increase the students' achievement within a region. The centers
must develop partnerships with local and regional service cooperatives, postsecondary
institutions, integrated school districts, the department, children's mental health providers,
or other local or regional entities interested in providing a cohesive and consistent regional
delivery system that serves all schools equitably. Centers must assist school districts, school
sites, and charter schools in developing similar partnerships. Center support may include
assisting school districts, school sites, and charter schools with common principles of
effective practice, including:

(1) defining measurable education goals under sections 120B.022, subdivisions 1a and
1b, and 120B.11, subdivision 2;

(2) implementing evidence-based practices, including applied and experiential learning,
contextualized learning, competency-based curricula and assessments, and other
nontraditional learning opportunities, among other practices;

(3) engaging in data-driven decision-making;

(4) providing multilayered levels of support;

(5) supporting culturally responsive teaching and learning aligning the development of
academic English proficiency, state and local academic standards, and career and college
readiness benchmarks;

(6) engaging parents, families, youth, and local community members in programs and
activities at the school district, school site, or charter school that foster collaboration and
shared accountability for the achievement of all students; deleted text begin and
deleted text end

(7) new text begin providing staff development and training opportunities for school district and charter
school homeless liaisons and other staff supporting homeless students; and
new text end

new text begin (8) new text end translating district forms and other information such as a multilingual glossary of
commonly used education terms and phrases.

Centers must work with school site leadership teams to build the expertise and experience
to implement programs that close the achievement gap, provide effective and differentiated
programs and instruction for different types of English learners, including English learners
with limited or interrupted formal schooling and long-term English learners under section
124D.59, subdivisions 2 and 2a, increase students' progress and growth toward career and
college readiness, and increase student graduation rates.

(b) The department must assist the regional centers of excellence to meet staff, facilities,
and technical needs, provide the centers with programmatic support, and work with the
centers to establish a coherent statewide system of regional support, including consulting,
training, and technical support, to help school boards, school districts, school sites, and
charter schools effectively and efficiently implement the world's best workforce goals under
section 120B.11 and other state and federal education initiatives, including secondary and
postsecondary career pathways and technical education.

Sec. 4.

Minnesota Statutes 2016, section 123B.92, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section and section 125A.76, the terms
defined in this subdivision have the meanings given to them.

(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:

(1) the sum of:

(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus

(ii) an amount equal to one year's depreciation on the district's school bus fleet and
mobile units computed on a straight line basis at the rate of 15 percent per year for districts
operating a program under section 124D.128 for grades 1 to 12 for all students in the district
and 12-1/2 percent per year for other districts of the cost of the fleet, plus

(iii) an amount equal to one year's depreciation on the district's type III vehicles, as
defined in section 169.011, subdivision 71, which must be used a majority of the time for
pupil transportation purposes, computed on a straight line basis at the rate of 20 percent per
year of the cost of the type three school buses by:

(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause
(2).

(b) "Transportation category" means a category of transportation service provided to
pupils as follows:

(1) Regular transportation is:

(i) transportation to and from school during the regular school year for resident elementary
pupils residing one mile or more from the public or nonpublic school they attend, and
resident secondary pupils residing two miles or more from the public or nonpublic school
they attend, excluding desegregation transportation and noon kindergarten transportation;
but with respect to transportation of pupils to and from nonpublic schools, only to the extent
permitted by sections 123B.84 to 123B.87;

(ii) transportation of resident pupils to and from language immersion programs;

(iii) transportation of a pupil who is a custodial parent and that pupil's child between the
pupil's home and the child care provider and between the provider and the school, if the
home and provider are within the attendance area of the school;

(iv) transportation to and from or board and lodging in another district, of resident pupils
of a district without a secondary school; and

(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance area
border to the public school is one mile or more, and for nonresident secondary pupils when
the distance from the attendance area border to the public school is two miles or more,
excluding desegregation transportation and noon kindergarten transportation.

For the purposes of this paragraph, a district may designate a licensed day care facility,
school day care facility, respite care facility, the residence of a relative, or the residence of
a person or other location chosen by the pupil's parent or guardian, or an after-school program
for children operated by a political subdivision of the state, as the home of a pupil for part
or all of the day, if requested by the pupil's parent or guardian, and if that facility, residence,
or program is within the attendance area of the school the pupil attends.

(2) Excess transportation is:

(i) transportation to and from school during the regular school year for resident secondary
pupils residing at least one mile but less than two miles from the public or nonpublic school
they attend, and transportation to and from school for resident pupils residing less than one
mile from school who are transported because of full-service school zones, extraordinary
traffic, drug, or crime hazards; and

(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school they
attend, and for nonresident pupils when the distance from the attendance area border to the
school is less than one mile from the school and who are transported because of full-service
school zones, extraordinary traffic, drug, or crime hazards.

(3) Desegregation transportation is transportation within and outside of the district during
the regular school year of pupils to and from schools located outside their normal attendance
areas under a plan for desegregation mandated by the commissioner or under court order.

(4) "Transportation services for pupils with disabilities" is:

(i) transportation of pupils with disabilities who cannot be transported on a regular school
bus between home or a respite care facility and school;

(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections 125A.03 to
125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;

(iii) necessary transportation for resident pupils with disabilities required by sections
125A.12, and 125A.26 to 125A.48;

(iv) board and lodging for pupils with disabilities in a district maintaining special classes;

(v) transportation from one educational facility to another within the district for resident
pupils enrolled on a shared-time basis in educational programs, and necessary transportation
required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils with disabilities
who are provided special instruction and services on a shared-time basis or if resident pupils
are not transported, the costs of necessary travel between public and private schools or
neutral instructional sites by essential personnel employed by the district's program for
children with a disability;

(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes;

(vii) transportation of pupils for a curricular field trip activity on a school bus equipped
with a power lift when the power lift is required by a student's disability or section 504 plan;
and

(viii) services described in clauses (i) to (vii), when provided for pupils with disabilities
in conjunction with a summer instructional program that relates to the pupil's individualized
education program or in conjunction with a learning year program established under section
124D.128.

For purposes of computing special education initial aid under section 125A.76, the cost
of providing transportation for children with disabilities includes (A) the additional cost of
transporting a homeless student from a temporary nonshelter home in another district to the
school of origin, or a formerly homeless student from a permanent home in another district
to the school of origin deleted text begin but only deleted text end through the end of the academic year new text begin and, upon request from
the formerly homeless student, for the following academic year new text end ; and (B) depreciation on
district-owned school buses purchased after July 1, 2005, and used primarily for
transportation of pupils with disabilities, calculated according to paragraph (a), clauses (ii)
and (iii). Depreciation costs included in the disabled transportation category must be excluded
in calculating the actual expenditure per pupil transported in the regular and excess
transportation categories according to paragraph (a). For purposes of subitem (A), a school
district may transport a child who does not have a school of origin to the same school
attended by that child's sibling, if the siblings are homeless.

(5) "Nonpublic nonregular transportation" is:

(i) transportation from one educational facility to another within the district for resident
pupils enrolled on a shared-time basis in educational programs, excluding transportation
for nonpublic pupils with disabilities under clause (4);

(ii) transportation within district boundaries between a nonpublic school and a public
school or a neutral site for nonpublic school pupils who are provided pupil support services
pursuant to section 123B.44; and

(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.

(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for educational
programs and services, including diagnostic testing, guidance and counseling services, and
health services. A mobile unit located off nonpublic school premises is a neutral site as
defined in section 123B.41, subdivision 13.

Sec. 5.

Minnesota Statutes 2016, section 124D.09, subdivision 9, is amended to read:

Subd. 9.

Enrollment priority.

(a) A postsecondary institution shall give priority to its
postsecondary students when enrolling 10th, 11th, and 12th grade pupils in its courses. A
postsecondary institution may provide information about its programs to a secondary school
or to a pupil or parent deleted text begin and it may advertise or otherwise recruit or solicit a secondary pupil
to enroll in its programs on educational and programmatic grounds only except,
notwithstanding other law to the contrary, and for the 2014-2015 through 2019-2020 school
years only, an eligible postsecondary institution may advertise or otherwise recruit or solicit
a secondary pupil residing in a school district with 700 students or more in grades 10, 11,
and 12, to enroll in its programs on educational, programmatic, or financial grounds deleted text end .

(b) An institution must not enroll secondary pupils, for postsecondary enrollment options
purposes, in remedial, developmental, or other courses that are not college level except
when a student eligible to participate and enrolled in the graduation incentives program
under section 124D.68 enrolls full time in a middle or early college program. A middle or
early college program must be specifically designed to allow the student to earn dual high
school and college credit with a well-defined pathway to allow the student to earn a
postsecondary degree or credential. In this case, the student shall receive developmental
college credit and not college credit for completing remedial or developmental courses. new text begin A
student enrolled in a charter school may participate in a middle or early college program
and may enroll in a remedial or developmental course under this paragraph.
new text end

(c) Once a pupil has been enrolled in any postsecondary course under this section, the
pupil shall not be displaced by another student.

(d) If a postsecondary institution enrolls a secondary school pupil in a course under this
section, the postsecondary institution also must enroll in the same course an otherwise
enrolled and qualified postsecondary student who qualifies as a veteran under section
197.447, and demonstrates to the postsecondary institution's satisfaction that the institution's
established enrollment timelines were not practicable for that student.

Sec. 6.

Minnesota Statutes 2016, section 124D.09, is amended by adding a subdivision to
read:

new text begin Subd. 11a. new text end

new text begin Access to building and technology. new text end

new text begin (a) A school district must allow a student
enrolled in a course under this section to remain at the school site during regular school
hours.
new text end

new text begin (b) A school district must adopt a policy that provides a student enrolled in a course
under this section with reasonable access during regular school hours to a computer and
other technology resources that the student needs to complete coursework for a postsecondary
enrollment course.
new text end

Sec. 7.

Minnesota Statutes 2016, section 124D.09, subdivision 12, is amended to read:

Subd. 12.

Credits new text begin ; grade point average weighting policy new text end .

new text begin (a) new text end A pupil must not audit
a course under this section.

new text begin (b) new text end A district shall grant academic credit to a pupil enrolled in a course for secondary
credit if the pupil successfully completes the course. Seven quarter or four semester college
credits equal at least one full year of high school credit. Fewer college credits may be
prorated. A district must also grant academic credit to a pupil enrolled in a course for
postsecondary credit if secondary credit is requested by a pupil. If no comparable course is
offered by the district, the district must, as soon as possible, notify the commissioner, who
shall determine the number of credits that shall be granted to a pupil who successfully
completes a course. If a comparable course is offered by the district, the school board shall
grant a comparable number of credits to the pupil. If there is a dispute between the district
and the pupil regarding the number of credits granted for a particular course, the pupil may
appeal the board's decision to the commissioner. The commissioner's decision regarding
the number of credits shall be final.

new text begin (c) A school board must adopt a policy regarding weighted grade point averages for any
high school or dual enrollment course. The policy must state whether the district offers
weighted grades. A school board must annually publish on its Web site a list of courses for
which a student may earn a weighted grade.
new text end

new text begin (d) new text end The secondary credits granted to a pupil must be counted toward the graduation
requirements and subject area requirements of the district. Evidence of successful completion
of each course and secondary credits granted must be included in the pupil's secondary
school record. A pupil shall provide the school with a copy of the pupil's grade in each
course taken for secondary credit under this section. Upon the request of a pupil, the pupil's
secondary school record must also include evidence of successful completion and credits
granted for a course taken for postsecondary credit. In either case, the record must indicate
that the credits were earned at a postsecondary institution.

new text begin (e) new text end If a pupil enrolls in a postsecondary institution after leaving secondary school, the
postsecondary institution must award postsecondary credit for any course successfully
completed for secondary credit at that institution. Other postsecondary institutions may
award, after a pupil leaves secondary school, postsecondary credit for any courses
successfully completed under this section. An institution may not charge a pupil for the
award of credit.

new text begin (f) new text end The Board of Trustees of the Minnesota State Colleges and Universities and the
Board of Regents of the University of Minnesota must, and private nonprofit and proprietary
postsecondary institutions should, award postsecondary credit for any successfully completed
courses in a program certified by the National Alliance of Concurrent Enrollment Partnerships
offered according to an agreement under subdivision 10. Consistent with section 135A.101,
subdivision 3, all MnSCU institutions must give full credit to a secondary pupil who
completes for postsecondary credit a postsecondary course or program that is part or all of
a goal area or a transfer curriculum at a MnSCU institution when the pupil enrolls in a
MnSCU institution after leaving secondary school. Once one MnSCU institution certifies
as completed a secondary student's postsecondary course or program that is part or all of a
goal area or a transfer curriculum, every MnSCU institution must consider the student's
course or program for that goal area or the transfer curriculum as completed.

Sec. 8.

Minnesota Statutes 2016, section 124D.68, subdivision 3, is amended to read:

Subd. 3.

Eligible programs.

(a) A pupil who is eligible according to subdivision 2 may
enroll in a state-approved alternative program under sections 123A.05 to 123A.08 new text begin or a
charter school under chapter 124E new text end .

(b) A pupil who is eligible according to subdivision 2 and who is a high school junior
or senior may enroll in postsecondary courses under section 124D.09.

(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary or
secondary education program.

(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic, nonsectarian
school that has contracted with the serving school district to provide educational services.
However, notwithstanding other provisions of this section, only a pupil who is eligible under
subdivision 2, clause (12), may enroll in a contract alternative school that is specifically
structured to provide educational services to such a pupil.

(e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic education
programs approved under section 124D.52 and operated under the community education
program contained in section 124D.19.

Sec. 9.

Minnesota Statutes 2016, section 125A.76, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section and section 125A.79,
the definitions in this subdivision apply.

(b) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2. For the
purposes of computing basic revenue pursuant to this section, each child with a disability
shall be counted as prescribed in section 126C.05, subdivision 1.

(c) "Essential personnel" means teachers, cultural liaisons, related services, and support
services staff providing services to students. Essential personnel may also include special
education paraprofessionals or clericals providing support to teachers and students by
preparing paperwork and making arrangements related to special education compliance
requirements, including parent meetings and individualized education programs. Essential
personnel does not include administrators and supervisors.

(d) "Average daily membership" has the meaning given it in section 126C.05.

(e) "Program growth factor" means 1.046 for fiscal years 2012 through 2015, 1.0 for
fiscal year 2016, 1.046 for fiscal year 2017, and the product of 1.046 and the program growth
factor for the previous year for fiscal year 2018 and later.

(f) "Nonfederal special education expenditure" means all direct expenditures that are
necessary and essential to meet the district's obligation to provide special instruction and
services to children with a disability according to sections 124D.454, 125A.03 to 125A.24,
125A.259 to 125A.48, and 125A.65 as submitted by the district and approved by the
department under section 125A.75, subdivision 4, excluding expenditures:

(1) reimbursed with federal funds;

(2) reimbursed with other state aids under this chapter;

(3) for general education costs of serving students with a disability;

(4) for facilities;

(5) for pupil transportation; and

(6) for postemployment benefits.

(g) "Old formula special education expenditures" means expenditures eligible for revenue
under Minnesota Statutes 2012, section 125A.76, subdivision 2.

(h) For the Minnesota State Academy for the Deaf and the Minnesota State Academy
for the Blind, expenditures under paragraphs (f) and (g) are limited to the salary and fringe
benefits of one-to-one instructional and behavior management aides and one-to-one licensed,
certified professionals assigned to a child attending the academy, if the aides or professionals
are required by the child's individualized education program.

(i) "Cross subsidy reduction aid percentage" means 1.0 percent for fiscal year 2014 and
2.27 percent for fiscal year 2015.

(j) "Cross subsidy reduction aid limit" means $20 for fiscal year 2014 and $48 for fiscal
year 2015.

(k) "Special education aid increase limit" means $80 for fiscal year 2016, $100 for fiscal
year 2017, and, for fiscal year 2018 and later, the sum of the special education aid increase
limit for the previous fiscal year and $40. new text begin A charter school or school district subject to the
special education aid limit imposed by this paragraph may exceed the aid limit by the amount
of any costs incurred providing transportation to homeless students under section 123B.92,
subdivision 1.
new text end

(l) "District" means a school district, a charter school, or a cooperative unit as defined
in section 123A.24, subdivision 2. Notwithstanding section 123A.26, cooperative units as
defined in section 123A.24, subdivision 2, are eligible to receive special education aid under
this section and section 125A.79.

Sec. 10.

Minnesota Statutes 2016, section 135A.15, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Affirmative consent. new text end

new text begin The policy required under subdivision 1 shall include
a provision that establishes an affirmative consent standard. An institution's affirmative
consent standard, at a minimum, must incorporate the following elements:
new text end

new text begin (1) all parties to sexual activity must affirmatively express their consent to the activity.
Consent must be knowing and voluntary and not the result of force, coercion, or intimidation.
Consent must be active. Consent must be given by words or actions that create mutually
understandable, unambiguous permission regarding willingness to engage in, and the
conditions of, sexual activity;
new text end

new text begin (2) silence, without active indications of consent, is not consent;
new text end

new text begin (3) consent to any one form of sexual activity does not imply consent to any other forms
of sexual activity;
new text end

new text begin (4) consent may be withdrawn at any time;
new text end

new text begin (5) previous relationships or prior consent do not imply consent to future sexual acts;
and
new text end

new text begin (6) a person is deemed incapable of consenting when that person is:
new text end

new text begin (i) unable to communicate or understand the nature or extent of a sexual situation due
to mental or physical incapacitation or impairment; or
new text end

new text begin (ii) physically helpless, either due to the effects of drugs or alcohol, or because the person
is asleep.
new text end

Sec. 11.

new text begin [136A.903] SEXUAL VIOLENCE PREVENTION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The commissioner, in consultation with the advisory
council established in subdivision 2, must award sexual violence prevention grants to
postsecondary institutions located in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

new text begin (a) The commissioner must appoint a ten-member advisory
council to evaluate applications for grants under this subdivision. The advisory council shall
consist of:
new text end

new text begin (1) one representative of the Minnesota State Colleges and Universities system;
new text end

new text begin (2) one representative of the University of Minnesota;
new text end

new text begin (3) one representative of a private postsecondary institution;
new text end

new text begin (4) one student representative from a University of Minnesota campus;
new text end

new text begin (5) one student representative from a Minnesota State Colleges and Universities campus;
new text end

new text begin (6) one student representative from a private postsecondary institution;
new text end

new text begin (7) one representative from a nonprofit organization working to prevent sexual violence
and support survivors of sexual violence;
new text end

new text begin (8) one representative from a law enforcement agency that responds to incidents of
campus sexual violence;
new text end

new text begin (9) one representative of the Office of Higher Education; and
new text end

new text begin (10) one representative of the Department of Health with expertise in sexual violence
prevention.
new text end

new text begin (b) The advisory council shall be organized and administered under section 15.059,
except that subdivision 2 shall not apply. The commissioner must appoint council members
to two-year terms and appoint one member as chair.
new text end

new text begin (c) The council must develop criteria for evaluating grant proposals and awarding grants
under this section. The council must make public the criteria at least two months prior to
the deadline for applications established by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Applications. new text end

new text begin To receive a grant under this section, an institution must apply
in the form and manner specified by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Grant amounts. new text end

new text begin The commissioner, in consultation with the advisory council
in subdivision 2, may decide the amount of a grant under this section based on the merits
of a grant proposal, provided that no institution may receive a grant of more than $100,000.
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin (a) The commissioner, in consultation with the advisory council in
subdivision 2, must develop reporting requirements for grant recipients.
new text end

new text begin (b) By February 1 of each year beginning in 2019, the commissioner must report to the
committees of the house of representatives and senate with jurisdiction over higher education
and public safety on the results achieved by the grant program under this section. At a
minimum, the report must include:
new text end

new text begin (1) a list of postsecondary institutions receiving grants under this section;
new text end

new text begin (2) the amount of grant funds received by each institution; and
new text end

new text begin (3) a description of each project funded.
new text end

Sec. 12.

new text begin [175.46] YOUTH SKILLS TRAINING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program established; grants authorized. new text end

new text begin The commissioner shall
approve youth skills training programs established for the purpose of providing work-based
skills training for student learners age 16 and older. The commissioner shall award grants
to local partnerships for the implementation and coordination of local youth skills training
programs as provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision have
the meanings given.
new text end

new text begin (b) "School district" means a school district or charter school.
new text end

new text begin (c) "Local partnership" means a school district, nonpublic school, intermediate school
district, or postsecondary institution, in partnership with other school districts, nonpublic
schools, intermediate school districts, postsecondary institutions, workforce development
authorities, economic development authorities, nonprofit organizations, or individuals who
have an agreement with one or more local employers to be responsible for implementing
and coordinating a local youth skills training program.
new text end

new text begin (d) "Student learner" means a student who is both enrolled in a course of study at a public
or nonpublic school to obtain related instruction for academic credit and is employed under
a written agreement to obtain on-the-job skills training under a youth skills training program
approved under this section.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The commissioner shall:
new text end

new text begin (1) approve youth skills training programs that provide:
new text end

new text begin (i) that the work of the student learner in the occupations declared particularly hazardous
shall be incidental to the training;
new text end

new text begin (ii) that the work shall be intermittent and for short periods of time and under the direct
and close supervision of a qualified and experienced person;
new text end

new text begin (iii) that safety instruction shall be provided to the student learner and may be given by
the school and correlated by the employer with on-the-job training;
new text end

new text begin (iv) a schedule of organized and progressive work processes to be performed on the job;
new text end

new text begin (v) a schedule of wage rates in compliance with section 177.24; and
new text end

new text begin (vi) whether the student learner will obtain secondary school academic credit,
postsecondary credit, or both, for the training program;
new text end

new text begin (2) approve occupations and maintain a list of approved occupations for programs under
this section;
new text end

new text begin (3) issue requests for proposals for grants;
new text end

new text begin (4) work with individuals representing industry and labor to develop new youth skills
training programs;
new text end

new text begin (5) develop model program guides;
new text end

new text begin (6) monitor youth skills training programs;
new text end

new text begin (7) provide technical assistance to local partnership grantees;
new text end

new text begin (8) work with providers to identify paths for receiving postsecondary credit for
participation in the youth skills training program; and
new text end

new text begin (9) approve other activities as necessary to implement the program.
new text end

new text begin (b) The commissioner shall collaborate with stakeholders including, but not limited to,
representatives of secondary school institutions, career and technical education instructors,
postsecondary institutions, businesses, and labor, in developing youth skills training programs
and identifying and approving occupations and competencies for youth skills training
programs.
new text end

new text begin Subd. 4. new text end

new text begin Training agreement. new text end

new text begin Each student learner shall sign a written training agreement
on a form prescribed by the commissioner. Each agreement shall contain the name of the
student learner and be signed by the employer, the school coordinator or administrator, and
the student learner or, if the student learner is a minor, by the student's parent or legal
guardian. Copies of each agreement shall be kept on file by both the school and the employer.
new text end

new text begin Subd. 5. new text end

new text begin Program approval. new text end

new text begin The commissioner may grant exemptions from the
provisions of chapter 181A for student learners participating in youth skills training programs
approved by the commissioner under this section. The approval of a youth skills training
program will be reviewed annually. The approval of a youth skills training program may
be revoked at any time if the commissioner finds that:
new text end

new text begin (1) all provisions of subdivision 3 have not been met in the previous year; or
new text end

new text begin (2) reasonable precautions have not been observed for the safety of minors.
new text end

new text begin The commissioner shall maintain and annually update a list of occupations and tasks suitable
for student learners in compliance with federal law.
new text end

new text begin Subd. 6. new text end

new text begin Interactions with education finance. new text end

new text begin (a) For the purpose of computing state
aids for the enrolling school district, the hours a student learner participates in a youth skills
training program under this section must be counted in the student's hours of average daily
membership under section 126C.05.
new text end

new text begin (b) Educational expenses for a participating student learner must be included in the
enrolling district's career and technical revenue as provided under section 124D.4531.
new text end

new text begin Subd. 7. new text end

new text begin Academic credit. new text end

new text begin A school district may grant academic credit to student learners
participating in youth skills training programs under this section in accordance with local
requirements.
new text end

new text begin Subd. 8. new text end

new text begin Postsecondary credit. new text end

new text begin A postsecondary institution may award postsecondary
credit to a student learner who successfully completes a youth skills training program.
new text end

new text begin Subd. 9. new text end

new text begin Work-based learning program. new text end

new text begin A youth skills training program shall qualify
as a work-based learning program if it meets requirements for a career and technical education
program and is supervised by a qualified teacher with appropriate licensure for a work-based
learning teacher-coordinator.
new text end

new text begin Subd. 10. new text end

new text begin School coordinator. new text end

new text begin Unless otherwise required for a work-based learning
program, a youth skills training program may be supervised by a qualified teacher or by an
administrator as determined by the school district.
new text end

new text begin Subd. 11. new text end

new text begin Other apprenticeship programs. new text end

new text begin (a) This section shall not affect programs
under section 124D.47.
new text end

new text begin (b) A registered apprenticeship program governed by chapter 178 may grant credit
toward the completion of a registered apprenticeship for the successful completion of a
youth skills training program under this section.
new text end

new text begin Subd. 12. new text end

new text begin Grant applications. new text end

new text begin (a) Applications for grants must be made to the
commissioner on a form provided by the commissioner.
new text end

new text begin (b) A local partnership may apply for a grant and shall include in its grant application:
new text end

new text begin (1) the identity of each school district, public agency, nonprofit organization, or individual
who is a participant in the local partnership;
new text end

new text begin (2) the identity of each employer who is a participant in the local partnership and the
amount of matching funds provided by each employer, if any;
new text end

new text begin (3) a plan to accomplish the implementation and coordination of activities specified in
this subdivision; and
new text end

new text begin (4) the identity of a fiscal agent responsible for receiving, managing, and accounting for
the grant.
new text end

new text begin Subd. 13. new text end

new text begin Grant awards. new text end

new text begin (a) A local partnership awarded a grant under this section
must use the grant award for any of the following implementation and coordination activities:
new text end

new text begin (1) recruiting additional employers to provide on-the-job training and supervision for
student learners and providing technical assistance to those employers;
new text end

new text begin (2) recruiting students to participate in the local youth skills training program and
monitoring the progress of student learners participating in the program and monitoring
program outcomes;
new text end

new text begin (3) coordinating youth skills training activities within participating school districts and
among participating school districts, postsecondary institutions, and employers;
new text end

new text begin (4) coordinating academic, vocational and occupational learning, school-based and
work-based learning, and secondary and postsecondary education for participants in the
local youth skills training program;
new text end

new text begin (5) coordinating transportation for student learners participating in the local youth skills
training program; and
new text end

new text begin (6) any other implementation or coordination activity that the commissioner may direct
or permit the local partnership to perform.
new text end

new text begin (b) Grant awards may not be used to directly or indirectly pay the wages of a student
learner.
new text end

new text begin Subd. 14. new text end

new text begin Outcomes. new text end

new text begin The following outcomes are expected of a local youth skills training
program:
new text end

new text begin (1) at least 80 percent of the student learners who participate in a youth skills training
program receive a high school diploma when eligible on completion of the training program;
and
new text end

new text begin (2) at least 60 percent of the student learners who participate in a youth skills training
program receive a recognized credential on completion of the training program.
new text end

new text begin Subd. 15. new text end

new text begin Reporting. new text end

new text begin (a) By February 1, 2019, and annually thereafter, the commissioner
shall report on the activity and outcomes of the program for the preceding fiscal year to the
chairs of the legislative committees with jurisdiction over jobs and economic growth policy
and finance. At a minimum, the report must include:
new text end

new text begin (1) the number of student learners who commenced the training program and the number
who completed the training program; and
new text end

new text begin (2) recommendations, if any, for changes to the program.
new text end

new text begin (b) The initial report shall include a detailed description of the differences between the
state and federal systems in child safety standards.
new text end

Sec. 13. 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 Homeless pupil transportation. new text end

new text begin For the purpose of fully funding transportation
services for homeless students:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2018 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2019 new text end

new text begin This amount is added to the appropriation in Laws 2016, chapter 189, article 29, section
15, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Consent curriculum. new text end

new text begin For a grant to the Sexual Violence Center for the creation
of an age-appropriate affirmative consent curriculum to be available for voluntary use in
middle and high schools:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2018 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2019 new text end

Sec. 14. new text begin APPROPRIATION; SEXUAL VIOLENCE PREVENTION GRANTS.
new text end

new text begin $....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the general
fund to the commissioner of higher education for sexual violence prevention grants under
Minnesota Statutes, section 136A.903.
new text end

Sec. 15. new text begin APPROPRIATIONS; YOUTH SKILLS TRAINING PROGRAM.
new text end

new text begin (a) $100,000 in fiscal year 2018 is appropriated from the workforce development fund
to the commissioner of labor and industry to administer the youth skills training program
under Minnesota Statutes, section 175.46. This is an ongoing appropriation.
new text end

new text begin (b) $500,000 in fiscal year 2019 is appropriated from the workforce development fund
to the commissioner of labor and industry for grants to local partnerships located throughout
the state. The base amount for this program is $500,000 each year beginning in fiscal year
2020.
new text end

Sec. 16. new text begin INTERMEDIATE SCHOOL DISTRICT MENTAL HEALTH INNOVATION
GRANT PROGRAM; APPROPRIATION.
new text end

new text begin (a) $2,450,000 in fiscal year 2018 and $2,450,000 in fiscal year 2019 are appropriated
from the general fund to the commissioner of human services for a grant program to fund
innovative projects to improve mental health outcomes for youth attending a qualifying
school unit.
new text end

new text begin (b) A "qualifying school unit" means an intermediate district organized under Minnesota
Statutes, section 136D.01, or a service cooperative organized under Minnesota Statutes,
section 123A.21, subdivision 1, paragraph (a), clause (2), that provides instruction to students
in a setting of federal instructional level four or higher. Grants under paragraph (a) must be
awarded to eligible applicants such that the services are proportionately provided among
qualifying school units. The commissioner shall calculate the share of the appropriation to
be used in each qualifying school unit by dividing the qualifying school unit's average daily
membership in a setting of federal instructional level 4 or higher for fiscal year 2016 by the
total average daily membership in a setting of federal instructional level 4 or higher for the
same year for all qualifying school units.
new text end

new text begin (c) An eligible applicant is an entity that has demonstrated capacity to serve the youth
identified in paragraph (a) and that is:
new text end

new text begin (1) certified under Minnesota Rules, parts 9520.0750 to 9520.0870;
new text end

new text begin (2) a community mental health center under Minnesota Statutes, section 256B.0625,
subdivision 5;
new text end

new text begin (3) an Indian health service facility or facility owned and operated by a tribe or tribal
organization operating under United States Code, title 25, section 5321; or
new text end

new text begin (4) a provider of children's therapeutic services and supports as defined in Minnesota
Statutes, section 256B.0943.
new text end

new text begin (d) An eligible applicant must employ or contract with at least two licensed mental health
professionals as defined in Minnesota Statutes, section 245.4871, subdivision 27, clauses
(1) to (6), who have formal training in evidence-based practices.
new text end

new text begin (e) A qualifying school unit must submit an application to the commissioner in the form
and manner specified by the commissioner. The commissioner may approve an application
that describes models for innovative projects to serve the needs of the schools and students.
The commissioner may provide technical assistance to the qualifying school unit. The
commissioner shall then solicit grant project proposals and award grant funding to the
eligible applicants whose project proposals best meet the requirements of this section and
most closely adhere to the models created by the intermediate districts and service
cooperatives.
new text end

new text begin (f) To receive grant funding, an eligible applicant must obtain a letter of support for the
applicant's grant project proposal from each qualifying school unit the eligible applicant is
proposing to serve. An eligible applicant must also demonstrate the following:
new text end

new text begin (1) the ability to seek third-party reimbursement for services;
new text end

new text begin (2) the ability to report data and outcomes as required by the commissioner; and
new text end

new text begin (3) the existence of partnerships with counties, tribes, substance use disorder providers,
and mental health service providers, including providers of mobile crisis services.
new text end

new text begin (g) Grantees shall obtain all available third-party reimbursement sources as a condition
of receiving grant funds. For purposes of this grant program, a third-party reimbursement
source does not include a public school as defined in Minnesota Statutes, section 120A.20,
subdivision 1.
new text end

new text begin (h) The base budget for this program is $0. This appropriation is available until June 30,
2020.
new text end

Sec. 17. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In the next edition of Minnesota Statutes, the revisor of statutes shall codify Laws 2016,
chapter 189, article 24, section 22, as amended by this act.
new text end