Minnesota Legislature
HF 3611
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 04:48pm
Bill Text Versions
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| Introduction | Posted on 02/08/2024 |
Current Version - as introduced
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A bill for an act
relating to education; modifying the LEAPS Act; requiring certain school districts
to create English learner parent committees; expanding translation and
communications opportunities for the families of English learners; amending
Minnesota Statutes 2022, sections 124D.59, by adding a subdivision; 124D.60;
124D.61; 124D.63; Minnesota Statutes 2023 Supplement, sections 124D.59,
subdivision 2; 124D.65, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 124D.59, subdivision 2, is
amended to read:
Subd. 2.
English learner.
(a) "English learner" means a pupil in kindergarten through
grade 12; an early childhood special education student under Part B, section 619, of the
Individuals with Disabilities Education Act, United States Code, title 20, section 1419; or
a prekindergarten student enrolled in an approved voluntary prekindergarten program under
section 124D.151 or a school readiness plus program who meets the requirements under
subdivision 2a or the following requirements:
(1) the pupil, as declared by a parent or guardian first learned a language other than
English, comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English; and
(2) the pupil is determined by a valid assessment measuring the pupil's English language
proficiency and by developmentally appropriate measures, which might include observationsnew text begin
of a student's academic interactionsnew text end , teacher judgment, parent recommendations, or
developmentally appropriate assessment instruments, to lack the necessary English skills
to participate fully in academic classes taught in English.
(b) A pupil enrolled in a Minnesota public school in any grade 4 through 12 who in the
previous school year took a commissioner-provided assessment measuring the pupil's
emerging academic English, shall be counted as an English learner in calculating English
learner pupil units under section 126C.05, subdivision 17, and shall generate state English
learner aid under section 124D.65, subdivision 5, if the pupil scored below the state cutoff
score or is otherwise counted as a nonproficient participant on the assessment measuring
the pupil's emerging academic English, or, in the judgment of the pupil's classroom teachers,
consistent with section 124D.61, clause (1), the pupil is unable to demonstrate academic
language proficiency in English, including oral academic language, sufficient to successfully
and fully participate in the general core curriculum in the regular classroom.
(c) Notwithstanding paragraphs (a) and (b), a pupil in early childhood special education
or prekindergarten under section 124D.151, through grade 12 shall not be counted as an
English learner in calculating English learner pupil units under section 126C.05, subdivision
17, and shall not generate state English learner aid under section 124D.65, subdivision 5,
if:
(1) the pupil is not enrolled during the current fiscal year in an educational program for
English learners under sections 124D.58 to 124D.64; or
(2) the pupil has generated seven or more years of average daily membership in Minnesota
public schools deleted text begin since July 1, 1996deleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 2.
Minnesota Statutes 2022, section 124D.59, is amended by adding a subdivision to
read:
new text begin Subd. 10. new text end
new text begin LEAPS Act. new text end
new text begin
"LEAPS Act" means the Learning English for Academic
Proficiency and Success (LEAPS) Act of 2014, as amended.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 3.
Minnesota Statutes 2022, section 124D.60, is amended to read:
124D.60 RIGHTS OF PARENTS.
Subdivision 1.
Notice.
Within ten days after the enrollment of any pupil in an instructional
program for English learners, the district in which the pupil resides must notify the parent
by mail. This notice must:
(1) be in writing in English and in the primary language of the pupil's parents;
(2) inform the parents that their child has been enrolled in an instructional program for
English learners;
(3) contain a simple, nontechnical description of the purposes, method and content of
the program;
(4) inform the parents that they have the right to visit the educational program for English
learners in which their child is enrolled;
(5) inform the parents of the time and manner in which to request and receive a conference
for the purpose of explaining the nature and purpose of the program; deleted text begin and
deleted text end
(6) inform the parents of their rights to withdraw their child from an educational program
for English learners and the time and manner in which to do sodeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(7) inform parents of the provisions in state law of the LEAPS Act that support:
new text end
new text begin
(i) multilingualism and multiculturalism as an asset;
new text end
new text begin
(ii) diversity of multilingual learners; and
new text end
new text begin
(iii) encourage family engagement levels.
new text end
The department shall, at the request of the district, prepare deleted text begin thedeleted text end new text begin thisnew text end noticenew text begin and any other
necessary communicationsnew text end in the primary language of the parent.
Subd. 2.
Withdrawal from program.
Any parent whose child is enrolled in an
educational program for English learners shall have the right, either at the time of the original
notification of enrollment or at the close of any semester thereafter, to withdraw the child
from the program by providing written notice of this intent to the principal of the school in
which the child is enrolled or to the superintendent of the district in which the child resides.
Nothing in this section shall preclude a parent from reenrolling the child in an educational
program for English learners.
Subd. 3.
Parental involvement.
new text begin (a) new text end A district which receives moneys pursuant to section
124D.65 must encourage involvement of parents of pupils enrolled in the educational
program for English learners in this program. The district shall solicit the views of parents
about the program and its effects upon their children.
new text begin
(b) A district with at least five percent of its students eligible for English learner revenue
is required to establish an English Learner Parent Advisory Committee.
new text end
new text begin
(c) A district serving English learner students with fewer than five percent of its students
eligible for English learner revenue is encouraged to establish an English Learner Parent
Advisory Committee.
new text end
new text begin
(d) For purposes of this section, a district's percentage of English learner students equals
the number of students eligible for English learner revenue as of the fall count for the
previous school year divided by the total students enrolled determined by the fall count for
the previous school year.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 4.
Minnesota Statutes 2022, section 124D.61, is amended to read:
124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.
A district that enrolls one or more English learners must implement an educational
program that includes at a minimum the following requirements:
(1) identification and reclassification criteria for English learners and program entrance
and exit criteria for English learners must be documented by the district, applied uniformly
to English learners, and made available to parentsnew text begin in their primary languagenew text end and other
stakeholders upon request;
(2) a written plan of services that describes programming by English proficiency level
made available to parents upon request. The plan must articulate the amount and scope of
service offered to English learners through an educational program for English learnersnew text begin .
The plan must be available in English and in the primary language of the parentsnew text end ;
(3) professional development opportunities for ESL, bilingual education, mainstream,
and all staff working with English learners which are: (i) coordinated with the district's
professional development activities; (ii) related to the needs of English learners; and (iii)
ongoing;
(4) to the extent possible, avoid isolating English learners for a substantial part of the
school day; deleted text begin and
deleted text end
(5) in predominantly nonverbal subjects, such as art, music, and physical education,
permit English learners to participate fully and on an equal basis with their contemporaries
in public school classes provided for these subjects. To the extent possible, the district must
assure to pupils enrolled in a program for English learners an equal and meaningful
opportunity to participate fully with other pupils in all extracurricular activitiesdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(6) identifying family and community outreach activities and translation services to
strengthen the academic outcomes for English learners; and
new text end
new text begin
(7) implementing the provisions of the LEAPS Act encouraging multilingualism as an
asset, enhancing professional development for teachers and administrators, recognizing the
diversity of multilingual learners, and engaging the voices of parents, their students, and
the community in the design and implementation of English learner programs.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 5.
Minnesota Statutes 2022, section 124D.63, is amended to read:
124D.63 new text begin DEPARTMENT OF EDUCATION; REPORTING; BEST PRACTICES;
new text end TECHNICAL ASSISTANCE.
new text begin
(a) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of all English
learners enrolled in a public school program who are currently or were previously counted
as an English learner under section 124D.59 and consistent with section 120B.35, must
identify and annually post on the agency's website best practices for appropriate and effective
measures for schools to:
new text end
new text begin
(1) improve current categories of language difficulty and assessments;
new text end
new text begin
(2) inform the community and the parents of English learners of program placement
options;
new text end
new text begin
(3) encourage adoption of programs stressing academic language development, including
oral academic language; and
new text end
new text begin
(4) effectively communicate with English learner parents through translation and
community engagement activities.
new text end
new text begin (b) new text end The commissioner shall provide technical assistance to districts receiving aid pursuant
to section 124D.65 and to postsecondary institutions for preservice and in-service training
for bilingual education teachers and English as a second language teachers employed in
educational programs for English learners, teaching methods, curriculum development,
testing and testing mechanisms, and the development of instructional materials for these
educational programs.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 6.
Minnesota Statutes 2023 Supplement, section 124D.65, subdivision 5, is amended
to read:
Subd. 5.
School district EL revenue.
(a) For fiscal year 2024 through fiscal year 2026,
a district's English learner programs revenue equals the sum of:
(1) the product of (i) $1,228, and (ii) the greater of 20 or the adjusted average daily
membership of eligible English learners enrolled in the district during the current fiscal
year; and
(2) $436 times the English learner pupil units under section 126C.05, subdivision 17.
(b) For fiscal year 2027 and later, a district's English learner programs revenue equals
the sum of:
(1) the product of (i) $1,775, and (ii) the greater of 20 or the adjusted average daily
membership of eligible English learners enrolled in the district during the current fiscal
year;
(2) $630 times the English learner pupil units under section 126C.05, subdivision 17;
and
(3) the district's English learner cross subsidy aid. A district's English learner cross
subsidy aid under paragraph (c) equals 25 percent of the district's English learner cross
subsidy for fiscal year 2027 and later.
(c) A district's English learner cross subsidy aid equals the greater of zero or the difference
between the district's expenditures for qualifying English learner services for the second
previous year and the district's English learner revenue for the second previous year.
(d) A pupil ceases to generate state English learner aid in the school year following the
school year in which the pupil attains the state cutoff score on a commissioner-provided
assessment that measures the pupil's emerging academic English.
new text begin
(e) A district may set aside up to ... percent of its English learner revenue under this
subdivision for translation services, community outreach efforts, and parental involvement
activities.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end