HF 4117

as introduced - 91st Legislature (2019 - 2020) Posted on 03/12/2020 04:09pm

A bill for an act
relating to education; modifying provisions of the American Indian Education Act;
allowing disclosure of certain educational data to tribal nations; requiring
consideration of advice from tribal nations, communities, and the Tribal Nations
Education Committee in the development of statewide core academic standards;
requiring school districts and charter schools to allow American Indian students
to wear regalia and objects of cultural significance at graduation; modifying
provision regarding school board member training; amending Minnesota Statutes
2018, sections 13.32, subdivision 3; 120B.021, subdivision 2; 123B.09, subdivision
2; 124D.74, subdivision 1; 124D.78, subdivisions 1, 3; 124D.79, subdivision 2;
124D.81, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 124D.

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

Section 1.

Minnesota Statutes 2018, section 13.32, subdivision 3, is amended to read:

Subd. 3.

Private data; when disclosure is permitted.

Except as provided in subdivision
5, educational data is private data on individuals and shall not be disclosed except as follows:

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

(c) pursuant to a statute specifically authorizing access to the private data;

(d) to disclose information in health, including mental health, and safety emergencies
pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code
of Federal Regulations, title 34, section 99.36;

(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;

(f) to appropriate health authorities to the extent necessary to administer immunization
programs and for bona fide epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to individuals in the public
educational agency or institution in which the investigation is being conducted;

(g) when disclosure is required for institutions that participate in a program under title
IV of the Higher Education Act, United States Code, title 20, section 1092;

(h) to the appropriate school district officials to the extent necessary under subdivision
6, annually to indicate the extent and content of remedial instruction, including the results
of assessment testing and academic performance at a postsecondary institution during the
previous academic year by a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;

(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
system to effectively serve, prior to adjudication, the student whose records are released;
provided that the authorities to whom the data are released submit a written request for the
data that certifies that the data will not be disclosed to any other person except as authorized
by law without the written consent of the parent of the student and the request and a record
of the release are maintained in the student's file;

(j) to volunteers who are determined to have a legitimate educational interest in the data
and who are conducting activities and events sponsored by or endorsed by the educational
agency or institution for students or former students;

(k) to provide student recruiting information, from educational data held by colleges
and universities, as required by and subject to Code of Federal Regulations, title 32, section
216;

(l) to the juvenile justice system if information about the behavior of a student who poses
a risk of harm is reasonably necessary to protect the health or safety of the student or other
individuals;

(m) with respect to Social Security numbers of students in the adult basic education
system, to Minnesota State Colleges and Universities and the Department of Employment
and Economic Development for the purpose and in the manner described in section 124D.52,
subdivision 7;

(n) to the commissioner of education for purposes of an assessment or investigation of
a report of alleged maltreatment of a student as mandated by section 626.556. Upon request
by the commissioner of education, data that are relevant to a report of maltreatment and are
from charter school and school district investigations of alleged maltreatment of a student
must be disclosed to the commissioner, including, but not limited to, the following:

(1) information regarding the student alleged to have been maltreated;

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

(4) what corrective or protective action was taken, if any, by the school facility in response
to a report of maltreatment by an employee or agent of the school or school district;

(o) when the disclosure is of the final results of a disciplinary proceeding on a charge
of a crime of violence or nonforcible sex offense to the extent authorized under United
States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title
34, sections 99.31 (a)(13) and (14);

(p) when the disclosure is information provided to the institution under United States
Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7); deleted text begin or
deleted text end

(q) when the disclosure is to a parent of a student at an institution of postsecondary
education regarding the student's violation of any federal, state, or local law or of any rule
or policy of the institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution
has an information release form signed by the student authorizing disclosure to a parent.
The institution must notify parents and students about the purpose and availability of the
information release forms. At a minimum, the institution must distribute the information
release forms at parent and student orientation meetings deleted text begin . deleted text end new text begin ; or
new text end

new text begin (r) to tribal nations about tribally enrolled or descendant students to allow the tribal
nation and school district or charter school to support the educational attainment of the
student.
new text end

Sec. 2.

Minnesota Statutes 2018, section 120B.021, subdivision 2, is amended to read:

Subd. 2.

Standards development.

(a) The commissioner must consider advice from at
least the following stakeholders in developing statewide rigorous core academic standards
in language arts, mathematics, science, social studies, including history, geography,
economics, government and citizenship, and the arts:

new text begin (1) the Tribal Nations Education Committee under section 124D.79, subdivision 4, and
representatives from Minnesota's tribal nations and communities, including both Anishinaabe
and Dakota;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end parents of school-age children and members of the public throughout the state;

deleted text begin (2) deleted text end new text begin (3) new text end teachers throughout the state currently licensed and providing instruction in
language arts, mathematics, science, social studies, or the arts and licensed elementary and
secondary school principals throughout the state currently administering a school site;

deleted text begin (3) deleted text end new text begin (4) new text end currently serving members of local school boards and charter school boards
throughout the state;

deleted text begin (4) deleted text end new text begin (5) new text end faculty teaching core subjects at postsecondary institutions in Minnesota; and

deleted text begin (5) deleted text end new text begin (6) new text end representatives of the Minnesota business community.

(b) Academic standards must:

(1) be clear, concise, objective, measurable, and grade-level appropriate;

(2) not require a specific teaching methodology or curriculum; and

(3) be consistent with the Constitutions of the United States and the state of Minnesota.

Sec. 3.

Minnesota Statutes 2018, section 123B.09, subdivision 2, is amended to read:

Subd. 2.

School board member training.

A member shall receive training in school
finance and management developed in consultation with the Minnesota School Boards
Association and consistent with section 127A.19. The School Boards Association must
make available to each newly elected school board member training in school finance and
management consistent with section 127A.19 within 180 days of that member taking office.
The program shall be developed in consultation with the department and appropriate
representatives of higher education. new text begin For purposes of this subdivision only, the definition of
school board member includes a board member of a tribal contract school under section
124D.83.
new text end

Sec. 4.

Minnesota Statutes 2018, section 124D.74, subdivision 1, is amended to read:

Subdivision 1.

Program described.

American Indian education programs are programs
in public elementary and secondary schools, nonsectarian nonpublic, community, tribal,
charter, or alternative schools enrolling American Indian children designed to:

(1) support postsecondary preparation for new text begin American Indian new text end pupils;

(2) support the academic achievement of American Indian deleted text begin students deleted text end new text begin pupils new text end ;

(3) make the curriculum relevant to the needs, interests, and cultural heritage of American
Indian pupils;

(4) provide positive reinforcement of the self-image of American Indian pupils;

(5) develop intercultural awareness among pupils, parents, and staff; and

(6) supplement, not supplant, state and federal educational and cocurricular programs.

Program services designed to increase completion and graduation rates of American Indian
deleted text begin students deleted text end new text begin pupils new text end must emphasize academic achievement, retention, and attendance;
development of support services for staff, including in-service training and technical
assistance in methods of teaching American Indian pupils; research projects, including
innovative teaching approaches and evaluation of methods of relating to American Indian
pupils; provision of career counseling to American Indian pupils; modification of curriculum,
instructional methods, and administrative procedures to meet the needs of American Indian
pupils; and deleted text begin supplemental deleted text end instruction in American Indian language, literature, history, and
culture. Districts offering programs may make contracts for the provision of program services
by establishing cooperative liaisons with tribal programs and American Indian social service
agencies. These programs may also be provided as components of early childhood and
family education programs.

Sec. 5.

Minnesota Statutes 2018, section 124D.78, subdivision 1, is amended to read:

Subdivision 1.

Parent committee.

new text begin (a) new text end School boards and American Indian schools must
provide for the maximum involvement of parents of children enrolled in education programs,
programs for elementary and secondary grades, special education programs, and support
services. Accordingly, the board of a school district in which there are ten or more American
Indian students enrolled and each American Indian school must establish an American
Indian education parent advisory committee.

new text begin (b) For purposes of this section, American Indian students are defined as persons having
origins in any of the original peoples of North America who maintain cultural identification
through tribal affiliation or community recognition.
new text end

new text begin (c) new text end If a committee whose membership consists of a majority of parents of American
Indian children has been or is established according to federal, tribal, or other state law, that
committee may serve as the committee required by this section and is subject to, at least,
the requirements of this subdivision and subdivision 2.

new text begin (d) new text end The American Indian education parent advisory committee must develop its
recommendations in consultation with the curriculum advisory committee required by
section 120B.11, subdivision 3. This committee must afford parents the necessary information
and the opportunity effectively to express their views concerning all aspects of American
Indian education and the educational needs of the American Indian children enrolled in the
school or program. The school board or American Indian school must ensure that programs
are planned, operated, and evaluated with the involvement of and in consultation with parents
of new text begin American Indian new text end students served by the programs new text begin as evidenced by American Indian
education parent advisory committee meeting minutes new text end .

Sec. 6.

Minnesota Statutes 2018, section 124D.78, subdivision 3, is amended to read:

Subd. 3.

Membership.

The American Indian education parent advisory committee must
be composed of parents of children eligible to be enrolled in American Indian education
programs; secondary students eligible to be served; American Indian language and culture
education teachers and paraprofessionals; American Indian teachers; counselors; adult
American Indian people enrolled in educational programs; and representatives from
community groups. A majority of each committee must be parents of new text begin American Indian
new text end children enrolled or eligible to be enrolled in the programs. deleted text begin The number of parents of
American Indian and non-American Indian children shall reflect approximately the proportion
of children of those groups enrolled in the programs.
deleted text end

Sec. 7.

Minnesota Statutes 2018, section 124D.79, subdivision 2, is amended to read:

Subd. 2.

Technical assistance.

The commissioner deleted text begin shall deleted text end new text begin must new text end provide technical assistance new text begin ,
which must include an annual report of American Indian student data using the state count, new text end
to districts, schools and postsecondary institutions for preservice and in-service training for
teachers, American Indian education teachers and paraprofessionals specifically designed
to implement culturally responsive teaching methods, culturally based curriculum
development, testing and testing mechanisms, and the development of materials for American
Indian education programs.

Sec. 8.

new text begin [124D.792] GRADUATION CEREMONIES; TRIBAL REGALIA AND
OBJECTS OF CULTURAL SIGNIFICANCE.
new text end

new text begin A school district or charter school must not prohibit an American Indian student from
wearing American Indian regalia, tribal regalia, or objects of cultural significance at
graduation ceremonies.
new text end

Sec. 9.

Minnesota Statutes 2018, section 124D.81, subdivision 1, is amended to read:

Subdivision 1.

Procedures.

A school district, charter school, or American
Indian-controlled tribal contract or grant school enrolling at least 20 American Indian
students new text begin identified by the state count new text end on October 1 of the previous school year and operating
an American Indian education program according to section 124D.74 is eligible for Indian
education aid if it meets the requirements of this section. Programs may provide for contracts
for the provision of program components by nonsectarian nonpublic, community, tribal,
charter, or alternative schools. The commissioner shall prescribe the form and manner of
application for aids, and no aid shall be made for a program not complying with the
requirements of sections 124D.71 to 124D.82.