HF 96

as introduced - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/20/2020 09:16am

A bill for an act
relating to education; modifying classroom placement and school attendance
provisions; establishing an academic achievement rating system; codifying a
teacher code of ethics in statute and repealing code of ethics in rule; modifying
school meal policies; modifying teacher licensure provisions; restricting contracts
with school employees; amending Minnesota Statutes 2018, sections 120A.36;
120A.38; 120B.11, subdivision 2; 121A.55; 122A.09, subdivision 2; 122A.181,
subdivisions 1, 3, as amended, 4; 122A.182, subdivision 3, as amended; 122A.40,
subdivision 3; 122A.41, by adding a subdivision; 124D.111; Minnesota Statutes
2019 Supplement, sections 120B.36, subdivision 1; 122A.635, subdivisions 1, 2,
as amended; Laws 2019, First Special Session chapter 11, article 3, section 23,
subdivision 6, as amended; proposing coding for new law in Minnesota Statutes,
chapters 120B; 122A; repealing Minnesota Statutes 2018, section 122A.09,
subdivision 1; Minnesota Rules, part 8710.2100, subparts 1, 2.

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

Section 1.

Minnesota Statutes 2018, section 120A.36, is amended to read:

120A.36 SCHOOL ATTENDANCE.

new text begin (a) new text end Attendance at a particular public school is a privilege not a right for a pupil.

new text begin (b) Notwithstanding paragraph (a), parents have the right to choose a high-quality,
culturally affirming education for their children, regardless of their zoned public school.
new text end

Sec. 2.

Minnesota Statutes 2018, section 120A.38, is amended to read:

120A.38 CLASSROOM PLACEMENT; PARENT DISCRETION.

(a) A parent or guardian of twins or higher order multiples may request that the children
be placed in the same classroom or in separate classrooms if the children are in the same
grade level at the same school. The school may recommend classroom placement to the
parents and provide professional education advice to the parents to assist them in making
the best decision for their children's education. A school must provide the placement
requested by the children's parent or guardian, unless the school board makes a classroom
placement determination following the school principal's request according to this section.
The parent or guardian must request the classroom placement no later than 14 days after
the first day of each school year or 14 days after the first day of attendance of the children
during a school year if the children are enrolled in the school after the school year
commences. At the end of the initial grading period, if the school principal, in consultation
with the children's classroom teacher, determines that the requested classroom placement
is disruptive to the school, the school principal may request that the school board determine
the children's classroom placement.

(b) For purposes of this section, "higher order multiples" means triplets, quadruplets,
quintuplets, or more.

new text begin (c) A parent or guardian has the right to request a change of teacher for their child in
public school unless no other teacher is available.
new text end

Sec. 3.

Minnesota Statutes 2018, section 120B.11, subdivision 2, is amended to read:

Subd. 2.

Adopting plans and budgets.

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

(1) clearly defined district and school site goals and benchmarks new text begin to meet statewide goals
new text end 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;

new text begin (5) strategies for identifying and reducing disparities in student discipline;
new text end

new text begin (6) strategies for integrating or improving character education, consistent with section
120B.232, and citizenship education;
new text end

deleted text begin (5) deleted text end new text begin (7) 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 (8) 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 (9) new text end an annual budget for continuing to implement the district plan.

Sec. 4.

new text begin [120B.355] ACADEMIC ACHIEVEMENT RATING SYSTEM.
new text end

new text begin (a) The commissioner of education must develop an academic achievement rating system
consistent with this section to provide parents and students with a brief overview of student
performance and growth in schools and districts across the state. The components of the
rating system must be performance indicators reported under section 120B.11, subdivision
1a, or the Elementary and Secondary Education Act of 1965, as amended by the Every
Student Succeeds Act, United States Code, title 20, section 6311.
new text end

new text begin (b) Each school and district must be assigned a star rating based on the cumulative score
of the criteria adopted. Star ratings must range from one star for the lowest performing
schools and districts to five stars for the highest performing schools and districts.
new text end

new text begin (c) The star rating and the cumulative and individual scores of each school and district
must be reported annually on the Department of Education's website as part of the
commissioner's school performance reports pursuant to section 120B.36.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
the commissioner of education must complete the rating system for use during the 2022-2023
school year and later.
new text end

Sec. 5.

Minnesota Statutes 2019 Supplement, section 120B.36, subdivision 1, is amended
to read:

Subdivision 1.

School performance reports and public reporting.

(a) The commissioner
shall report:

(1) student academic performance data under section 120B.35, subdivisions 2 and 3;

(2) academic progress consistent with federal expectations;

new text begin (3) school and district ratings under section 120B.355;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end school safety and student engagement and connection under section 120B.35,
subdivision 3, paragraph (d);

deleted text begin (4) deleted text end new text begin (5) new text end rigorous coursework under section 120B.35, subdivision 3, paragraph (c);

deleted text begin (5) deleted text end new text begin (6) new text end the percentage of students under section 120B.35, subdivision 3, paragraph (b),
clause (2), whose progress and performance levels are meeting career and college readiness
benchmarks under sections 120B.30, subdivision 1, and 120B.35, subdivision 3, paragraph
(e);

deleted text begin (6) deleted text end new text begin (7) new text end longitudinal data on the progress of eligible districts in reducing disparities in
students' academic achievement and realizing racial and economic integration under section
124D.861;

deleted text begin (7) deleted text end new text begin (8) new text end the acquisition of English, and where practicable, native language academic
literacy, including oral academic language, and the academic progress of all English learners
enrolled in a Minnesota public school course or program who are currently or were previously
counted as English learners under section 124D.59;

deleted text begin (8) deleted text end new text begin (9) new text end two separate student-to-teacher ratios that clearly indicate the definition of teacher
consistent with sections 122A.06 and 122A.15 for purposes of determining these ratios;

deleted text begin (9) deleted text end new text begin (10) new text end staff characteristics excluding salaries;

deleted text begin (10) deleted text end new text begin (11) new text end student enrollment demographics;

deleted text begin (11) deleted text end new text begin (12) new text end foster care status, including all students enrolled in a Minnesota public school
course or program who are currently or were previously in foster care, student homelessness,
and district mobility; and

deleted text begin (12) deleted text end new text begin (13) new text end extracurricular activities.

(b) The school performance report for a school site and a school district must include
school performance reporting information new text begin , including a prominent display of both the school's
and district's star rating and the scores the ratings are based on, as assigned by the
commissioner under section 120B.355, new text end and new text begin must new text end calculate proficiency new text begin and growth new text end rates as
required by the most recently reauthorized Elementary and Secondary Education Act.

(c) The commissioner shall develop, annually update, and post on the department website
school performance reports consistent with paragraph (a) and section 120B.11.

(d) The commissioner must make available performance reports by the beginning of
each school year.

(e) A school or district may appeal its results in a form and manner determined by the
commissioner and consistent with federal law. The commissioner's decision to uphold or
deny an appeal is final.

(f) School performance data are nonpublic data under section 13.02, subdivision 9, until
the commissioner publicly releases the data. The commissioner shall annually post school
performance reports to the department's public website no later than September 1, except
that in years when the reports reflect new performance standards, the commissioner shall
post the school performance reports no later than October 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the reports required to be posted by
September 1, 2021, and later.
new text end

Sec. 6.

Minnesota Statutes 2018, section 121A.55, is amended to read:

121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education shall promulgate guidelines to assist each school
board. Each school board shall establish uniform criteria for dismissal and adopt written
policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies
shall emphasize preventing dismissals through early detection of problems and shall be
designed to address students' inappropriate behavior from recurring. The policies shall
recognize the continuing responsibility of the school for the education of the pupil during
the dismissal period. The alternative educational services, if the pupil wishes to take
advantage of them, must be adequate to allow the pupil to make progress towards meeting
the graduation standards adopted under section 120B.02 and help prepare the pupil for
readmission. new text begin In addition to other requirements under this paragraph, a policy adopted by a
school board under this paragraph must include the following:
new text end

new text begin (1) a requirement that a school must notify any student facing possible dismissal of their
rights, including the right against self-incrimination;
new text end

new text begin (2) a requirement that a school must allow any student facing possible dismissal to have
a parent present if the student is questioned by school employees; and
new text end

new text begin (3) a requirement that a school and school district must keep a record of the school
employee who made each discipline referral.
new text end

(b) An area learning center under section 123A.05 may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.

(c) Each school district shall develop a policy and report it to the commissioner on the
appropriate use of peace officers and crisis teams to remove students who have an
individualized education program from school grounds.

Sec. 7.

new text begin [122A.051] CODE OF ETHICS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Each teacher, upon entering the teaching profession, assumes a
number of obligations, one of which is to adhere to a set of principles that defines professional
conduct. These principles are reflected in the code of ethics, which sets forth to the education
profession and the public it serves standards of professional conduct. This code applies to
all persons licensed according to rules established by the Professional Educator Licensing
and Standards Board.
new text end

new text begin Subd. 2. new text end

new text begin Standards of professional conduct. new text end

new text begin (a) A teacher must provide professional
education services in a nondiscriminatory manner, including not discriminating on the basis
of political, ideological, or religious beliefs.
new text end

new text begin (b) A teacher must make a reasonable effort to protect students from conditions harmful
to health and safety.
new text end

new text begin (c) In accordance with state and federal laws, a teacher must disclose confidential
information about individuals only when a compelling professional purpose is served or
when required by law.
new text end

new text begin (d) A teacher must take reasonable disciplinary action in exercising the authority to
provide an atmosphere conductive to learning.
new text end

new text begin (e) A teacher must not use professional relationships with students, parents, and
colleagues to personal advantage.
new text end

new text begin (f) A teacher must delegate authority for teaching responsibilities only to licensed
personnel or as otherwise provided by law.
new text end

new text begin (g) A teacher must not deliberately suppress or distort subject matter.
new text end

new text begin (h) A teacher must not knowingly falsify or misrepresent records or facts relating to that
teacher's own qualifications or to other teachers' qualifications.
new text end

new text begin (i) A teacher must not knowingly make false or malicious statements about students or
colleagues.
new text end

new text begin (j) A teacher must only accept a contract for a teaching position that requires licensing
if properly or provisionally licensed for that position.
new text end

new text begin (k) A teacher must not engage in any sexual contact with a student.
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. 8.

Minnesota Statutes 2018, section 122A.09, subdivision 2, is amended to read:

Subd. 2.

Advise members of profession.

new text begin (a) new text end The Professional Educator Licensing and
Standards Board must act in an advisory capacity to members of the profession in matters
of interpretation of the code of ethics new text begin in section 122A.051 new text end .

new text begin (b) The board must develop a process for a school district to receive a written complaint
about a teacher under the code of ethics and forward the complaint to the board. A school
board must inform parents and guardians in the school district of their ability to submit a
complaint to the school board under this section.
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. 9.

Minnesota Statutes 2018, section 122A.181, subdivision 1, is amended to read:

Subdivision 1.

Application requirements.

new text begin (a) new text end The Professional Educator Licensing and
Standards Board must approve a request from a district or charter school to issue a Tier 1
license in a specified content area to a candidate if:

(1) the candidate meets the professional requirement in subdivision 2;

(2) the district or charter school affirms that the candidate has the necessary skills and
knowledge to teach in the specified content area; and

(3) the district or charter school demonstrates that:

(i) a criminal background check under section 122A.18, subdivision 8, has been completed
on the candidate; and

(ii) the district or charter school has posted the teacher position but was unable to hire
an acceptable teacher with a Tier 2, 3, or 4 license for the position.

new text begin (b) If a district or charter school employs a teacher with a Tier 1 license, the Professional
Educator Licensing and Standards Board must renew the license only if the conditions in
paragraph (a), clauses (1) and (2), as well as clause (3), item (i), are satisfied.
new text end

Sec. 10.

Minnesota Statutes 2018, section 122A.181, subdivision 3, as amended by Laws
2020, First Special Session chapter 8, article 2, section 2, is amended to read:

Subd. 3.

Term of license and renewal.

(a) The Professional Educator Licensing and
Standards Board must issue an initial Tier 1 license for a term of one year. A Tier 1 license
may be renewed subject to paragraphs (b) and (c). The board may submit written comments
to the district or charter school that requested the renewal regarding the candidate.

(b) The Professional Educator Licensing and Standards Board must renew a Tier 1
license if:

deleted text begin (1) the district or charter school requesting the renewal demonstrates that it has posted
the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license
for the position;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end the teacher holding the Tier 1 license took a content examination in accordance
with section 122A.185 and submitted the examination results to the teacher's employing
district or charter school within one year of the board approving the request for the initial
Tier 1 license;

deleted text begin (3) deleted text end new text begin (2) new text end the teacher holding the Tier 1 license participated in new text begin at least one hour of new text end cultural
competency training consistent with section 120B.30, subdivision 1, paragraph (q), new text begin and
mental health training consistent with section 122A.187, subdivision 6, new text end within one year of
the board approving the request for the initial Tier 1 license; and

deleted text begin (4) deleted text end new text begin (3) new text end the teacher holding the Tier 1 license met the mental illness training renewal
requirement under section 122A.187, subdivision 6.

The requirement in clause (2) does not apply to a teacher that teaches a class in a career and
technical education or career pathways course of study.

(c) A Tier 1 license must not be renewed more than three times, unless the requesting
district or charter school can show good cause for additional renewals. A Tier 1 license
issued to teach (1) a class or course in a career and technical education or career pathway
course of study or (2) in a shortage area, as defined in section 122A.06, subdivision 6, may
be renewed without limitation.

Sec. 11.

Minnesota Statutes 2018, section 122A.181, subdivision 4, is amended to read:

Subd. 4.

Application.

The Professional Educator Licensing and Standards Board must
accept applications for a Tier 1 teaching license beginning new text begin on or before new text end July 1 of the school
year for which the license is requested and must issue or deny the Tier 1 teaching license
within 30 days of receiving the completed application.

Sec. 12.

Minnesota Statutes 2018, section 122A.182, subdivision 3, as amended by Laws
2020, First Special Session chapter 8, article 2, section 3, is amended to read:

Subd. 3.

Term of license and renewal.

The Professional Educator Licensing and
Standards Board must issue an initial Tier 2 license for a term of two years. A Tier 2 license
may be renewed three times. Before a Tier 2 license is renewed for the first time, a teacher
holding a Tier 2 license must participate in new text begin at least one hour of new text end cultural competency training
consistent with section 120B.30, subdivision 1, paragraph (q), and mental illness training
under section 122A.187, subdivision 6. The board must issue rules setting forth the conditions
for additional renewals after the initial license has been renewed three times.

Sec. 13.

Minnesota Statutes 2018, section 122A.40, subdivision 3, is amended to read:

Subd. 3.

Hiring, dismissing.

new text begin (a) new text end School boards must hire or dismiss teachers at duly
called meetings. Where a husband and wife, brother and sister, or two brothers or sisters,
constitute a quorum, no contract employing a teacher shall be made or authorized except
upon the unanimous vote of the full board. A teacher related by blood or marriage, within
the fourth degree, computed by the civil law, to a board member shall not be employed
except by a unanimous vote of the full board. The initial employment of the teacher in the
district must be by written contract, signed by the teacher and by the chair and clerk. All
subsequent employment of the teacher in the district must be by written contract, signed by
the teacher and by the chair and clerk, except where there is a master agreement covering
the employment of the teacher. Contracts for teaching or supervision of teaching can be
made only with qualified teachers. A teacher shall not be required to reside within the
employing district as a condition to teaching employment or continued teaching employment.

new text begin (b) A school district must not give preference in the hiring or dismissal of a teacher
based on the teacher's seniority except in making decisions between or among otherwise
equally qualified and rated teachers.
new text end

new text begin (c) A school district must report all new hires and terminations, including layoffs, by
race and ethnicity annually to the Department of Education. The report must not include
data that would personally identify individuals.
new text end

Sec. 14.

Minnesota Statutes 2018, section 122A.41, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Hiring and dismissal. new text end

new text begin (a) A school district must not give preference in the
hiring or dismissal of a teacher based on the teacher's seniority except in making decisions
between or among otherwise equally qualified and rated teachers.
new text end

new text begin (b) A school district must report all new hires and terminations, including layoffs, by
race and ethnicity annually to the Department of Education. The report must not include
data that would personally identify individuals.
new text end

Sec. 15.

Minnesota Statutes 2019 Supplement, section 122A.635, subdivision 1, is amended
to read:

Subdivision 1.

Establishment.

The Professional Educator Licensing and Standards
Board must award competitive grants to increase the number of teacher candidates of color
or who are American Indian, and meet the requirements for a Tier 3 license under section
122A.183. Eligibility for a grant under this section is limited to deleted text begin public or private higher
education institutions that offer a deleted text end teacher preparation deleted text begin program approved by the Professional
Educator Licensing and Standards Board deleted text end new text begin programs, including alternative teacher preparation
programs, located in the state new text end .

Sec. 16.

Minnesota Statutes 2019 Supplement, section 122A.635, subdivision 2, as amended
by Laws 2020, chapter 83, article 1, section 25, is amended to read:

Subd. 2.

Competitive grants.

(a) The Professional Educator Licensing and Standards
Board must award competitive grants under this section based on the following criteria:

(1) the number of teacher candidates being supported in the program who are of color
or who are American Indian;

(2) program outcomes, including graduation or program completion rates, licensure
rates, and placement rates and, for each outcome measure, the number of those teacher
candidates of color or who are American Indian; and

(3) the percent of racially and ethnically diverse teacher candidates enrolled in the
institution compared to:

(i) the total percent of students of color and American Indian students enrolled at the
institution, regardless of major; and

(ii) the percent of underrepresented racially and ethnically diverse teachers in the
economic development region of the state where the institution is located and where a
shortage of diverse teachers exists, as reported under section 122A.091, subdivision 5.

deleted text begin (b) The board must give priority in awarding grants under this section to institutions that
received grants under Laws 2017, First Special Session chapter 5, article 2, section 57,
subdivision 27, and have demonstrated continuing success at recruiting, retaining, graduating,
and inducting teacher candidates of color or who are American Indian. If the board awards
a competitive grant based on the criteria in paragraph (a) to a program that has not previously
received funding, the board must thereafter give priority to the program equivalent to other
programs given priority under this paragraph.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The board must determine award amounts for maintenance and expansion of
programs based on the number of candidates supported by an applicant program, sustaining
support for those candidates, and funds available.

Sec. 17.

Minnesota Statutes 2018, section 124D.111, is amended to read:

124D.111 new text begin SCHOOL MEAL POLICY; new text end LUNCH AID; FOOD SERVICE
ACCOUNTING.

Subdivision 1.

School deleted text begin lunch aid computation deleted text end new text begin meal policy new text end .

new text begin (a) Each Minnesota
participant in the national school lunch program must adopt and post to its website, or the
website of the organization where the meal is served, a school meal policy. The policy must:
new text end

new text begin (1) be in writing, be accessible in multiple languages, and clearly communicate student
meal charges when payment cannot be collected at the point of service;
new text end

new text begin (2) be reasonable and well-defined and maintain the dignity of students by prohibiting
lunch shaming or otherwise ostracizing any student;
new text end

new text begin (3) address whether the participant uses a collection agency to collect unpaid school
meal debt;
new text end

new text begin (4) require that all communication relating to collection of unpaid school meal debt be
communicated by school staff trained on the school district's policy on collecting student
meal debt;
new text end

new text begin (5) require that all communication relating to school meal debt be delivered only to a
student's parent or guardian and not directly to the student;
new text end

new text begin (6) ensure that once a participant has placed a meal on a tray or otherwise served the
meal to a student, the meal may not be subsequently withdrawn from the student by the
cashier or other school official because the student has outstanding meal debt;
new text end

new text begin (7) ensure that a student who has been determined eligible for free or reduced-price
lunch must always be served a reimbursable meal even if the student has outstanding debt;
new text end

new text begin (8) provide the vendor with its school meal policy if the school contracts with a third
party for its meal services; and
new text end

new text begin (9) require school nutrition staff be trained on the policy.
new text end

new text begin (b) Any contract between a school and a third-party provider of meal services entered
into or modified on or after July 1, 2020, must ensure that the third-party provider adheres
to the participant's school meal policy.
new text end

new text begin Subd. 1a. new text end

new text begin School lunch aid amounts. new text end

Each school year, the state must pay participants
in the national school lunch program the amount of 12.5 cents for each full paid and free
student lunch and 52.5 cents for each reduced-price lunch served to students.

Subd. 2.

Application.

A school district, charter school, nonpublic school, or other
participant in the national school lunch program shall apply to the department for this
payment on forms provided by the department.

Subd. 2a.

Federal child and adult care food program; criteria and notice.

The
commissioner must post on the department's website eligibility criteria and application
information for nonprofit organizations interested in applying to the commissioner for
approval as a multisite sponsoring organization under the federal child and adult care food
program. The posted criteria and information must inform interested nonprofit organizations
about:

(1) the criteria the commissioner uses to approve or disapprove an application, including
how an applicant demonstrates financial viability for the Minnesota program, among other
criteria;

(2) the commissioner's process and time line for notifying an applicant when its
application is approved or disapproved and, if the application is disapproved, the explanation
the commissioner provides to the applicant; and

(3) any appeal or other recourse available to a disapproved applicant.

Subd. 3.

School food service fund.

(a) The expenses described in this subdivision must
be recorded as provided in this subdivision.

(b) In each district, the expenses for a school food service program for pupils must be
attributed to a school food service fund. Under a food service program, the school food
service may prepare or serve milk, meals, or snacks in connection with school or community
service activities.

(c) Revenues and expenditures for food service activities must be recorded in the food
service fund. The costs of processing applications, accounting for meals, preparing and
serving food, providing kitchen custodial services, and other expenses involving the preparing
of meals or the kitchen section of the lunchroom may be charged to the food service fund
or to the general fund of the district. The costs of lunchroom supervision, lunchroom custodial
services, lunchroom utilities, and other administrative costs of the food service program
must be charged to the general fund.

That portion of superintendent and fiscal manager costs that can be documented as
attributable to the food service program may be charged to the food service fund provided
that the school district does not employ or contract with a food service director or other
individual who manages the food service program, or food service management company.
If the cost of the superintendent or fiscal manager is charged to the food service fund, the
charge must be at a wage rate not to exceed the statewide average for food service directors
as determined by the department.

(d) Capital expenditures for the purchase of food service equipment must be made from
the general fund and not the food service fund, unless the restricted balance in the food
service fund at the end of the last fiscal year is greater than the cost of the equipment to be
purchased.

(e) If the condition set out in paragraph (d) applies, the equipment may be purchased
from the food service fund.

(f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit
is not eliminated by revenues from food service operations in the next fiscal year, then the
deficit must be eliminated by a permanent fund transfer from the general fund at the end of
that second fiscal year. However, if a district contracts with a food service management
company during the period in which the deficit has accrued, the deficit must be eliminated
by a payment from the food service management company.

(g) Notwithstanding paragraph (f), a district may incur a deficit in the food service fund
for up to three years without making the permanent transfer if the district submits to the
commissioner by January 1 of the second fiscal year a plan for eliminating that deficit at
the end of the third fiscal year.

(h) If a surplus in the food service fund exists at the end of a fiscal year for three
successive years, a district may recode for that fiscal year the costs of lunchroom supervision,
lunchroom custodial services, lunchroom utilities, and other administrative costs of the food
service program charged to the general fund according to paragraph (c) and charge those
costs to the food service fund in a total amount not to exceed the amount of surplus in the
food service fund.

Subd. 4.

No fees.

A participant that receives school lunch aid under this section must
make lunch available without charge new text begin and must not deny a school lunch new text end to all participating
students who qualify for free or reduced-price meals new text begin , whether or not that student has an
outstanding balance in the student's meal account attributable to a la carte purchases or for
any other reason new text end .

new text begin Subd. 5. new text end

new text begin Respectful treatment. new text end

new text begin (a) new text end The participant must also new text begin provide meals to students
in a respectful manner according to the policy adopted under subdivision 1. The participant
must new text end ensure that any reminders for payment of outstanding student meal deleted text begin balances deleted text end new text begin debt new text end do
not new text begin intentionally new text end demean deleted text begin or deleted text end new text begin , new text end stigmatize new text begin , or humiliate new text end any child participating in the school
lunch program. new text begin The participant must not impose any other restriction prohibited under
section 123B.37 due to unpaid student meal debt. The participant must not limit a student's
participation in any school activity, graduation ceremony, field trip, athletic participation,
activity club, or any other extracurricular activity or access to materials, technology, or
other items provided to students due to an unpaid student meal debt.
new text end

new text begin (b) If the commissioner or the commissioner's designee determines a participant has
violated the requirement to provide meals to participating students in a respectful manner,
the commissioner or the commissioner's designee must send a letter of noncompliance to
the participant. The participant is required to respond and, if applicable, remedy the practice
within 60 days.
new text end

new text begin Subd. 6. new text end

new text begin Definitions. new text end

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

new text begin (b) "A la carte" means a food item ordered separately from the school meal.
new text end

new text begin (c) "School meal" means a meal provided to students during the school day.
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. 18.

Laws 2019, First Special Session chapter 11, article 3, section 23, subdivision 6,
as amended by Laws 2020, chapter 83, article 1, section 101, is amended to read:

Subd. 6.

Paraprofessional pathway to teacher licensure.

(a) For grants to school
districts for Grow Your Own new teacher programs:

	$	1,500,000	.....	2020
	$	1,500,000	.....	2021

(b) The grants are for school districts with more than 30 percent minority students for
a Board of Teaching-approved nonconventional teacher residency pilot program. The
program must provide tuition scholarships or stipends to enable school district employees
or community members affiliated with a school district who seek an education license to
participate in a nonconventional new text begin or alternative new text end teacher preparation program. School districts
that receive funds under this subdivision are strongly encouraged to recruit candidates of
color and American Indian candidates to participate in the Grow Your Own new teacher
programs. Districts or schools providing financial support may require a commitment as
determined by the district to teach in the district or school for a reasonable amount of time
that does not exceed five years.

(c) School districts and charter schools may also apply for grants to develop innovative
expanded Grow Your Own programs that encourage secondary school students to pursue
teaching, including developing and offering dual-credit postsecondary course options in
schools for "Introduction to Teaching" or "Introduction to Education" courses consistent
with Minnesota Statutes, section 124D.09, subdivision 10.

(d) Programs must annually report to the commissioner by the date determined by the
commissioner on their activities under this section, including the number of participants,
the percentage of participants who are of color or who are American Indian, and an
assessment of program effectiveness, including participant feedback, areas for improvement,
the percentage of participants continuing to pursue teacher licensure, and the number of
participants hired in the school or district as teachers after completing preparation programs.

(e) The department may retain up to three percent of the appropriation amount to monitor
and administer the grant program.

(f) Any balance in the first year does not cancel but is available in the second year.

Sec. 19. new text begin RESTRICTION ON CONTRACTS WITH SCHOOL EMPLOYEES.
new text end

new text begin Notwithstanding any law to the contrary, employment contracts and collective bargaining
agreements with school employees must not contain protections against discipline or
termination for school employees who engage in immoral, unethical, or illegal actions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to all contracts entered into on or after that date.
new text end

Sec. 20. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2018, section 122A.09, subdivision 1, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 8710.2100, subparts 1 and 2, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-8942

122A.09 DUTIES.

Subdivision 1.

Code of ethics.

The Professional Educator Licensing and Standards Board must develop by rule a code of ethics covering standards of professional teaching practices, including areas of ethical conduct and professional performance and methods of enforcement.

Repealed Minnesota Rule: 20-8942

8710.2100 CODE OF ETHICS FOR MINNESOTA TEACHERS.

Subpart 1.

Scope.

Each teacher, upon entering the teaching profession, assumes a number of obligations, one of which is to adhere to a set of principles which defines professional conduct. These principles are reflected in the following code of ethics, which sets forth to the education profession and the public it serves standards of professional conduct and procedures for implementation.

This code shall apply to all persons licensed according to rules established by the Professional Educator Licensing and Standards Board.

Subp. 2.

Standards of professional conduct.

The standards of professional conduct are as follows:

A.

A teacher shall provide professional education services in a nondiscriminatory manner.

B.

A teacher shall make reasonable effort to protect the student from conditions harmful to health and safety.

C.

In accordance with state and federal laws, a teacher shall disclose confidential information about individuals only when a compelling professional purpose is served or when required by law.

D.

A teacher shall take reasonable disciplinary action in exercising the authority to provide an atmosphere conducive to learning.

E.

A teacher shall not use professional relationships with students, parents, and colleagues to private advantage.

F.

A teacher shall delegate authority for teaching responsibilities only to licensed personnel.

G.

A teacher shall not deliberately suppress or distort subject matter.

H.

A teacher shall not knowingly falsify or misrepresent records or facts relating to that teacher's own qualifications or to other teachers' qualifications.

I.

A teacher shall not knowingly make false or malicious statements about students or colleagues.

J.

A teacher shall accept a contract for a teaching position that requires licensing only if properly or provisionally licensed for that position.