1.1 	A bill for an act
1.2 	relating to education; modifying provisions for prekindergarten through grade 12, 
1.3 	including general education, education excellence, teachers, charter schools, health 
1.4 	and safety, nutrition and libraries; requiring reports;amending Minnesota Statutes 
1.5 	2020, sections 13.32, subdivision 3; 120A.22, subdivisions 7, 9; 120A.42; 
1.6 	120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 4; 120B.022, subdivision 
1.7 	1; 120B.024, subdivisions 1, 2; 120B.026; 120B.11, subdivisions 1, 1a, 2, 3; 
1.8 	120B.15; 120B.30, subdivisions 1, 1a; 120B.301; 120B.31, subdivision 4; 120B.35, 
1.9 	subdivision 3; 120B.36, subdivision 2; 121A.031, subdivisions 5, 6; 121A.41, 
1.10 	subdivisions 2, 10, by adding subdivisions; 121A.425; 121A.45, subdivision 1; 
1.11 	121A.46, subdivision 4, by adding a subdivision; 121A.47, subdivisions 2, 14; 
1.12 	121A.53, subdivision 1; 121A.55; 121A.61, subdivisions 1, 3, by adding a 
1.13 	subdivision; 122A.06, subdivision 6; 122A.091, subdivision 5; 122A.14, by adding 
1.14 	a subdivision; 122A.181, subdivision 5; 122A.183, subdivision 1; 122A.184, 
1.15 	subdivision 1; 122A.185, subdivision 1; 122A.40, subdivisions 3, 5, 8; 122A.41, 
1.16 	subdivisions 2, 5, by adding a subdivision; 122A.50; 122A.635; 123A.09; 123B.04, 
1.17 	subdivision 1; 123B.147, subdivision 3; 123B.195; 124D.09, subdivisions 3, 9, 
1.18 	10, 12, 13; 124D.095, subdivisions 2, 3, 4, 7, by adding a subdivision; 124D.119; 
1.19 	124D.128, subdivision 1; 124D.15, subdivision 15; 124D.151, subdivision 5; 
1.20 	124D.16, subdivision 2; 124D.231, subdivision 2; 124D.59, subdivision 2a; 
1.21 	124D.68, subdivision 2; 124D.73, by adding a subdivision; 124D.74, subdivisions 
1.22 	1, 3, 4, by adding a subdivision; 124D.76; 124D.78; 124D.79, subdivision 2; 
1.23 	124D.791, subdivision 4; 124D.81, subdivisions 1, 2a, 5, by adding a subdivision; 
1.24 	124D.861, subdivision 2; 124D.8957, subdivision 19; 124E.02; 124E.03, 
1.25 	subdivision 2, by adding a subdivision; 124E.05, subdivisions 4, 7; 124E.06, 
1.26 	subdivisions 1, 4, 5; 124E.07, subdivision 3; 124E.11; 124E.13, subdivisions 1, 
1.27 	3; 124E.16, subdivision 1; 124E.25, subdivision 1a; 125A.094; 125A.0942, 
1.28 	subdivisions 1, 2, 3; 125A.15; 125A.51; 125A.515, subdivision 3; 125A.76, 
1.29 	subdivision 2a; 126C.05, subdivision 16; 134.31, subdivisions 1, 4a; 134.32, 
1.30 	subdivision 4; 134.34, subdivision 1; 136A.055; 136A.861, subdivision 2; 144.4165; 
1.31 	256.962, subdivision 3; 256L.05, subdivision 1; Minnesota Statutes 2021 
1.32 	Supplement, sections 122A.70; 126C.05, subdivision 3; proposing coding for new 
1.33 	law in Minnesota Statutes, chapters 120B; 121A; 124D; repealing Minnesota 
1.34 	Statutes 2020, section 120B.35, subdivision 5.
2.1 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2 	ARTICLE 1
2.3 	GENERAL EDUCATION

2.4 	Section 1. Minnesota Statutes 2020, section 120A.42, is amended to read:
2.5 	120A.42 CONDUCT OF SCHOOL ON CERTAIN HOLIDAYS.
2.6 	(a) The governing body of any district may contract with any of the teachers of the 
2.7 	district for the conduct of schools, and may conduct schools, on either, or any, of the 
2.8 	following holidays, provided that a clause to this effect is inserted in the teacher's contract: 
2.9 	Martin Luther King's birthday, Lincoln's and Washington's birthdays, Columbus Day
2.10 	Indigenous Peoples' Day, and Veterans' Day. On Martin Luther King's birthday, Washington's 
2.11 	birthday, Lincoln's birthday, and Veterans' Day at least one hour of the school program 
2.12 	must be devoted to a patriotic observance of the day. On Indigenous Peoples' Day, at least 
2.13 	one hour of the school program must be devoted to observance of the day. As part of its 
2.14 	observance of Indigenous Peoples' Day, a district may provide professional development 
2.15 	to teachers and staff, or instruction to students, on the following topics:
2.16 	(1) the history of treaties between the United States and Indigenous peoples;
2.17 	(2) the history of federal boarding schools for Indigenous children;
2.18 	(3) Indigenous languages;
2.19 	(4) Indigenous traditional medicines and cultural or spiritual practices;
2.20 	(5) the sovereignty of Tribal Nations;
2.21 	(6) the contributions of Indigenous people to American culture, literature, and society; 
2.22 	and
2.23 	(7) current issues affecting Indigenous communities.
2.24 	(b) A district may conduct a school program to honor Constitution Day and Citizenship 
2.25 	Day by providing opportunities for students to learn about the principles of American 
2.26 	democracy, the American system of government, American citizens' rights and 
2.27 	responsibilities, American history, and American geography, symbols, and holidays. Among 
2.28 	other activities under this paragraph, districts may administer to students the test questions 
2.29 	United States Citizenship and Immigration Services officers pose to applicants for 
2.30 	naturalization.

3.1 	Sec. 2. Minnesota Statutes 2020, section 123B.04, subdivision 1, is amended to read:
3.2 		Subdivision 1.Definition. "Education site" means a separate facility. A or program 
3.3 	within a facility or within a district is an education site if the school board recognizes it as 
3.4 	a site.

3.5 	Sec. 3. Minnesota Statutes 2020, section 123B.195, is amended to read:
3.6 	123B.195 BOARD MEMBERS' RIGHT TO EMPLOYMENT.
3.7 	Notwithstanding section 471.88, subdivision 5, a school board member may be newly 
3.8 	employed or may continue to be employed by a school district as an employee only if there 
3.9 	is a reasonable expectation at the beginning of the fiscal year or at the time the contract is 
3.10 	entered into or extended that the amount to be earned by that officer under that contract or 
3.11 	employment relationship will not exceed $8,000 $20,000 in that fiscal year. Notwithstanding 
3.12 	section 122A.40 or 122A.41 or other law, if the officer does not receive majority approval 
3.13 	to be initially employed or to continue in employment at a meeting at which all board 
3.14 	members are present, that employment is immediately terminated and that officer has no 
3.15 	further rights to employment while serving as a school board member in the district.

3.16 	EFFECTIVE DATE. This section is effective July 1, 2022.

3.17 	Sec. 4. Minnesota Statutes 2020, section 124D.095, subdivision 2, is amended to read:
3.18 		Subd. 2.Definitions. For purposes of this section, the following terms have the meanings 
3.19 	given them.
3.20 	(a) "Digital learning" is learning facilitated by technology that offers students an element 
3.21 	of control over the time, place, path, or pace of their learning and includes blended and 
3.22 	online learning.
3.23 	(b) "Blended learning" is a form of digital learning that occurs when a student learns 
3.24 	part time in a supervised physical setting and part time through digital delivery of instruction, 
3.25 	or a student learns in a supervised physical setting where technology is used as a primary 
3.26 	method to deliver instruction.
3.27 	(c) "Online learning" is a form of digital learning delivered by an approved online 
3.28 	learning provider under paragraph (d) that occurs when a student learns primarily through 
3.29 	digital delivery of instruction in a location other than a school building.
3.30 	(d) "Supplemental online learning" means an online learning course taken in place of a 
3.31 	course period at a local district school provided by a supplemental online learning provider.
4.1 	(d) (e) "Supplemental online learning provider" is a school district, an intermediate 
4.2 	school district, an organization of two or more school districts operating under a joint powers 
4.3 	agreement, or a charter school located in Minnesota that provides online learning courses 
4.4 	or programs to students other than their own enrolled students and is approved by the 
4.5 	department to provide supplemental online learning courses.
4.6 	(e) (f) "Student" is a Minnesota resident enrolled in a school under section 120A.22, 
4.7 	subdivision 4, or in a school authorized to receive Tribal contract or grant aid under section 
4.8 	124D.83, in kindergarten through grade 12.
4.9 	(f) (g) "Supplemental online learning student" is a student enrolled in an a supplemental
4.10 	online learning course or program delivered by an a supplemental online learning provider 
4.11 	under paragraph (d) (e).
4.12 	(h) "Teacher" is a public employee as defined in section 179A.03, subdivision 18, 
4.13 	employed by a charter school or district providing online instruction. The contract of a 
4.14 	teacher employed by a charter school or district must meet the requirements of section 
4.15 	122A.40 or 122A.41 and a charter school must employ or contract with a licensed teacher 
4.16 	as defined in section 122A.06, subdivision 2. A teacher must perform all duties described 
4.17 	in Minnesota Rules, part 8710.0310, defining teacher of record.
4.18 	(g) (i) "Enrolling district" means the school district or, charter school, American 
4.19 	Indian-controlled Tribal contract or grant school, or nonpublic school in which a student is 
4.20 	enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance.
4.21 	(h) "Supplemental online learning" means an online learning course taken in place of a 
4.22 	course period at a local district school.
4.23 	(i) "Full-time online learning provider" means an enrolling school authorized by the 
4.24 	department to deliver comprehensive public education at any or all of the elementary, middle, 
4.25 	or high school levels.
4.26 	(j) "Online learning course syllabus" is a written document that an a supplemental online 
4.27 	learning provider transmits to the enrolling district using a format prescribed by the 
4.28 	commissioner to identify the state academic standards embedded in an online course, the 
4.29 	course content outline, required course assessments, expectations for actual teacher contact 
4.30 	time and other student-to-teacher communications, and the academic support available to 
4.31 	the online learning student.

4.32 	EFFECTIVE DATE. This section is effective for the 2023-2024 school year and later.

5.1 	Sec. 5. Minnesota Statutes 2020, section 124D.095, subdivision 3, is amended to read:
5.2 		Subd. 3.Authorization; notice; limitations on enrollment. (a) An enrolling district 
5.3 	may offer digital learning, blended learning, or online learning as instructional modalities 
5.4 	to enrolled students. Digital learning, blended learning, or online learning do not generate 
5.5 	online learning funds under this section. An enrolling district that offers digital learning, 
5.6 	blended learning, or online learning only to its enrolled students is not subject to the reporting 
5.7 	requirements or review criteria under subdivision 7, unless the enrolling district is a 
5.8 	supplemental online learning provider. A teacher providing instruction via digital learning, 
5.9 	blended learning, or online learning must hold the appropriate Minnesota license as defined 
5.10 	in section 124D.095, subdivision 2, paragraph (h). Digital learning, blended learning, and 
5.11 	online learning courses must be reported and identified in the Minnesota Common Course 
5.12 	Catalog.
5.13 	(a) A (b) Any student may apply for full-time supplemental online enrollment in an 
5.14 	approved supplemental online learning program under section 124D.03 or 124D.08 or 
5.15 	chapter 124E. Notwithstanding sections 124D.03 and 124D.08 and chapter 124E, procedures 
5.16 	for enrolling in supplemental online learning are as provided in this subdivision. A student 
5.17 	age 17 or younger must have the written consent of a parent or guardian to apply. No school 
5.18 	district or charter school may prohibit a student from applying to enroll in online learning.
5.19 	In order to enroll in online learning, the student and the student's parents must submit an 
5.20 	application to the supplemental online learning provider and identify the student's reason 
5.21 	for enrolling. An A supplemental online learning provider that accepts a student under this 
5.22 	section must notify the student and the enrolling district in writing within ten days if the 
5.23 	enrolling district is not the supplemental online learning provider. The student and the 
5.24 	student's parent must notify the supplemental online learning provider of the student's intent 
5.25 	to enroll in online learning within ten days of being accepted, at which time the student and 
5.26 	the student's parent must sign a statement indicating that they have reviewed the online 
5.27 	course or program and understand the expectations of enrolling in online learning. The
5.28 	supplemental online learning provider must use a form provided by the department to notify 
5.29 	the enrolling district of the student's application to enroll in online learning.
5.30 	(b) (c) The supplemental online learning notice to the enrolling district when a student 
5.31 	applies to the supplemental online learning provider will must include the courses or program, 
5.32 	credits to be awarded, and the start date of the online course or program. An A supplemental
5.33 	online learning provider must make available the supplemental online course syllabus to 
5.34 	the enrolling district. Within 15 days after the online learning provider makes information 
5.35 	in this paragraph available to the enrolling district, the enrolling district must notify the 
6.1 	online provider whether the student, the student's parent, and the enrolling district agree or 
6.2 	disagree that the course meets the enrolling district's graduation requirements. A supplemental 
6.3 	online learning provider that accepts a student under this section must notify the student 
6.4 	and the enrolling district in writing within ten days if the enrolling district is not the 
6.5 	supplemental online learning provider. A student may enroll in a supplemental online 
6.6 	learning course up to the midpoint of the enrolling district's term. The enrolling district may 
6.7 	waive this requirement for special circumstances and with the agreement of the online 
6.8 	provider. An online learning course or program that meets or exceeds a graduation standard 
6.9 	or the grade progression requirement of the enrolling district as described in the provider's 
6.10 	online course syllabus meets the corresponding graduation requirements applicable to the 
6.11 	student in the enrolling district. If the enrolling district does not agree that the course or 
6.12 	program meets its graduation requirements, then:
6.13 	(1) the enrolling district must make available an explanation of its decision to the student, 
6.14 	the student's parent, and the online provider; and
6.15 	(2) the online provider may make available a response to the enrolling district, showing 
6.16 	how the course or program meets the graduation requirements of the enrolling district.
6.17 	(c) An online learning provider must notify the commissioner that it is delivering online 
6.18 	learning and report the number of online learning students it accepts and the online learning 
6.19 	courses and programs it delivers.
6.20 	(d) An online learning provider may limit enrollment if the provider's school board or 
6.21 	board of directors adopts by resolution specific standards for accepting and rejecting students' 
6.22 	applications.
6.23 	(e) An enrolling district may reduce an online learning student's regular classroom 
6.24 	instructional membership in proportion to the student's membership in online learning 
6.25 	courses.
6.26 	(f) The online provider must report or make available information on an individual 
6.27 	student's progress and accumulated credit to the student, the student's parent, and the enrolling 
6.28 	district in a manner specified by the commissioner unless the enrolling district and the online 
6.29 	provider agree to a different form of notice and notify the commissioner. The enrolling 
6.30 	district must designate a contact person to help facilitate and monitor the student's academic 
6.31 	progress and accumulated credits towards graduation.
6.32 	(d) A school district or charter school must allow an enrolled student to apply to enroll 
6.33 	in supplemental online learning. A supplemental online learning provider must notify the 
6.34 	enrolling district that the student has been accepted into the supplemental online learning 
7.1 	program. Within 15 days of receiving the notification from the supplemental online learning 
7.2 	program, the enrolling district must notify the supplemental online provider whether the 
7.3 	student, the student's parent, and the enrolling district agree or disagree that the proposed 
7.4 	course meets the enrolling district's graduation requirements.
7.5 	(e) The enrolling district must communicate a student's individualized education program 
7.6 	to the supplemental online provider upon accepting the enrollment and must coordinate 
7.7 	services for students with disabilities unless a written agreement exists between the enrolling 
7.8 	district and the supplemental online provider.
7.9 	(f) An online learning course or program that meets or exceeds a graduation standard 
7.10 	or the grade progression requirement of the enrolling district as described in the supplemental 
7.11 	online provider's online course syllabus meets the corresponding graduation requirements 
7.12 	applicable to the student in the enrolling district. The enrolling district must use the same 
7.13 	criteria for accepting online learning credits or courses as it does for accepting credits or 
7.14 	courses for transfer students under section 124D.03, subdivision 9. If the enrolling district 
7.15 	does not agree that the course or program meets its graduation requirements, then:
7.16 	(1) the enrolling district must make available an explanation of its decision to the student, 
7.17 	the student's parent, and the supplemental online provider; and
7.18 	(2) the supplemental online provider may make available a response to the enrolling 
7.19 	district showing how the course or program meets the graduation requirements of the 
7.20 	enrolling district.
7.21 	(g) An enrolling district may reduce a supplemental online learning student's regular 
7.22 	classroom instructional enrollment in proportion to the student's enrollment in online learning 
7.23 	courses.

7.24 	EFFECTIVE DATE. This section is effective for the 2023-2024 school year and later.

7.25 	Sec. 6. Minnesota Statutes 2020, section 124D.095, subdivision 4, is amended to read:
7.26 		Subd. 4.Online learning parameters. (a) An A supplemental online learning student 
7.27 	must receive academic credit for completing the requirements of an online learning course 
7.28 	or program. Secondary credits granted to an a supplemental online learning student count 
7.29 	toward the graduation and credit requirements of the enrolling district. The enrolling district 
7.30 	must apply the same graduation requirements to all students, including online learning 
7.31 	students, and must continue to provide nonacademic services to online learning students.
7.32 	If a student completes an online learning course or program that meets or exceeds a 
7.33 	graduation standard or the grade progression requirement at the enrolling district, that 
8.1 	standard or requirement is met. The enrolling district must use the same criteria for accepting 
8.2 	online learning credits or courses as it does for accepting credits or courses for transfer 
8.3 	students under section 124D.03, subdivision 9. The enrolling district may reduce the course 
8.4 	schedule of an online learning student in proportion to the number of online learning courses 
8.5 	the student takes from an online learning provider that is not the enrolling district.
8.6 	(b) An A supplemental online learning student may:
8.7 	(1) enroll in supplemental online learning courses equal to a maximum of 50 percent of 
8.8 	the student's full schedule of courses per term during a single school year and the student 
8.9 	may exceed the supplemental online learning registration limit if the enrolling district permits 
8.10 	supplemental online learning enrollment above the limit, or if the enrolling district and the 
8.11 	supplemental online learning provider agree to the instructional services;
8.12 	(2) complete course work at a grade level that is different from the student's current 
8.13 	grade level; and
8.14 	(3) enroll in additional supplemental courses with the online learning provider under a 
8.15 	separate agreement that includes terms for paying any tuition or course fees.
8.16 	(c) An online learning student has the same access to the computer hardware and 
8.17 	education software available in a school as all other students in the enrolling district. An 
8.18 	online learning provider must assist an online learning student whose family qualifies for 
8.19 	the education tax credit under section 290.0674 to acquire computer hardware and educational 
8.20 	software for online learning purposes. Supplemental online learning students may use the 
8.21 	enrolling district's computer hardware and educational software to access supplemental 
8.22 	online courses. Supplemental online learning students may participate in supplemental 
8.23 	online courses from a scheduled study hall or other suitable location in the district in which 
8.24 	the student is enrolled if the enrolling district is able to provide a space and supervision.
8.25 	(d) An enrolling district may offer digital learning to its enrolled students. Such digital 
8.26 	learning does not generate online learning funds under this section. An enrolling district 
8.27 	that offers digital learning only to its enrolled students is not subject to the reporting 
8.28 	requirements or review criteria under subdivision 7, unless the enrolling district is a full-time 
8.29 	online learning provider. A teacher with a Minnesota license must assemble and deliver 
8.30 	instruction to enrolled students receiving online learning from an enrolling district. The 
8.31 	delivery of instruction occurs when the student interacts with the computer or the teacher 
8.32 	and receives ongoing assistance and assessment of learning. The instruction may include 
8.33 	curriculum developed by persons other than a teacher holding a Minnesota license.
9.1 	(d) A supplemental online learning provider must assist a supplemental online learning 
9.2 	student whose family qualifies for the education tax credit under section 290.0674 to acquire 
9.3 	computer hardware and educational software for online learning purposes and must provide 
9.4 	information about broadband connectivity options and programs.
9.5 	(e) A supplemental online learning provider may limit enrollment if the provider's school 
9.6 	board or board of directors adopts by resolution specific standards for accepting and rejecting 
9.7 	students' applications.
9.8 	(f) A supplemental online learning provider must report or make available information 
9.9 	on an individual student's progress and accumulated credit to the student, the student's 
9.10 	parent, and the enrolling district in a manner specified by the commissioner unless the 
9.11 	enrolling district and the supplemental online learning provider agree to a different form of 
9.12 	reporting and notify the commissioner.
9.13 	(g) An enrolling district must apply the same graduation requirements to all students, 
9.14 	including supplemental online learning students, and must continue to provide nonacademic 
9.15 	services to supplemental online learning students. An enrolling district must designate a 
9.16 	contact person to help facilitate and monitor the academic progress and accumulated credits 
9.17 	toward graduation for each supplemental online learning student enrolled in the district.
9.18 	(e) Both full-time and (h) Supplemental online learning providers are subject to the 
9.19 	reporting requirements and review criteria under subdivision 7. A teacher holding a 
9.20 	Minnesota license must assemble and deliver instruction to online learning students. The 
9.21 	delivery of instruction occurs when the student interacts with the computer or the teacher 
9.22 	and receives ongoing assistance and assessment of learning. The instruction may include 
9.23 	curriculum developed by persons other than a teacher holding a Minnesota license. A teacher 
9.24 	providing instruction via supplemental online learning must use a curriculum aligned with 
9.25 	standards as described in section 120B.021 and must hold the appropriate Minnesota license 
9.26 	as defined in section 124D.095, subdivision 2, paragraph (h).
9.27 	(i) Unless the commissioner grants a waiver, a teacher providing online learning 
9.28 	instruction must not instruct more than 40 students in any one online learning course or 
9.29 	program.
9.30 	(f) To enroll in more than 50 percent of the student's full schedule of courses per term 
9.31 	in online learning, the student must qualify to exceed the supplemental online learning 
9.32 	registration limit under paragraph (b) or apply to enroll in an approved full-time online 
9.33 	learning program, consistent with subdivision 3, paragraph (a). Full-time online learning 
10.1 	students may enroll in classes at a local school under a contract for instructional services 
10.2 	between the online learning provider and the school district.

10.3 	EFFECTIVE DATE. This section is effective for the 2023-2024 school year and later.

10.4 	Sec. 7. Minnesota Statutes 2020, section 124D.095, subdivision 7, is amended to read:
10.5 		Subd. 7.Department of Education. (a) The department must review and approve or 
10.6 	disapprove supplemental online learning providers applications within 90 calendar days of 
10.7 	receiving ana supplemental online learning provider's completed application. The 
10.8 	commissioner, using research-based standards of quality for online learning programs, must 
10.9 	review all approved supplemental online learning providers on a cyclical three-year basis. 
10.10 	Approved supplemental online learning providers annually must submit program data to, 
10.11 	confirm statements of assurances for, and provide program updates including a current 
10.12 	course list to the commissioner.
10.13 	(b) A supplemental online learning provider must notify the commissioner that it is 
10.14 	delivering online learning and must report the number of online learning students it accepts 
10.15 	and the online learning courses and programs it delivers.
10.16 	(c) An enrolling district that offers online learning under section 124D.095, subdivision 
10.17 	2, paragraph (c), must create an online site or sites that are classified as online learning sites 
10.18 	and report student enrollments in the online school site or sites. Online and blended learning 
10.19 	courses must be reported in the Minnesota Common Course Catalog.
10.20 	(b) (d) The online learning courses and programs must be rigorous, aligned with state 
10.21 	academic standards, and contribute to grade progression in a single subject. The supplemental
10.22 	online learning provider, other than a digital learning provider offering digital learning to 
10.23 	its enrolled students only under subdivision 4, paragraph (d), must give the commissioner 
10.24 	written assurance that: (1) all courses meet state academic standards; and (2) the online 
10.25 	learning curriculum, instruction, and assessment, expectations for actual teacher-contact 
10.26 	time or other student-to-teacher communication, and academic support meet nationally 
10.27 	recognized professional standards and are described as such in an online learning course 
10.28 	syllabus that meets the commissioner's requirements. Once an a supplemental online learning 
10.29 	provider is approved under this paragraph, all of its online learning course offerings are 
10.30 	eligible for payment under this section unless a course is successfully challenged by an 
10.31 	enrolling district or the department under paragraph (c) (e).
10.32 	(c) (e) An enrolling district may challenge the validity of a course offered by an a 
10.33 	supplemental online learning provider. The department must review such challenges based 
11.1 	on the approval procedures under paragraph (b) (d). The department may initiate its own 
11.2 	review of the validity of an online learning course offered by an a supplemental online 
11.3 	learning provider.
11.4 	(d) (f) The department may collect a fee not to exceed $250 for approving online learning 
11.5 	providers or $50 per course for reviewing a challenge by an enrolling district.
11.6 	(e) (g) The department must develop, publish, and maintain a list of supplemental online 
11.7 	learning providers that it has reviewed and approved.
11.8 	(f) (h) The department may review a complaint about an a supplemental online learning 
11.9 	provider, or a complaint about a provider based on the provider's response to notice of a 
11.10 	violation. If the department determines that an a supplemental online learning provider 
11.11 	violated a law or rule, the department may:
11.12 	(1) create a compliance plan for the provider; or
11.13 	(2) withhold funds from the provider under sections 124D.095, 124E.25, and 127A.42. 
11.14 	The department must notify an a supplemental online learning provider in writing about 
11.15 	withholding funds and provide detailed calculations.

11.16 	EFFECTIVE DATE. This section is effective for the 2023-2024 school year and later.

11.17 	Sec. 8. Minnesota Statutes 2020, section 124D.095, is amended by adding a subdivision 
11.18 	to read:
11.19 		Subd. 11.Crisis online learning. (a) "Crisis online learning" means online learning 
11.20 	under this section as the primary mode of instruction for all students in a school building 
11.21 	during a crisis learning period.
11.22 	(b) "Crisis learning period" means a period of time that is the result of an unforeseeable 
11.23 	incident or situation such as a natural disaster, pandemic, or other catastrophic event that 
11.24 	creates an unsafe or untenable in-person learning environment as declared by a school 
11.25 	district or charter school.
11.26 	(c) "Crisis online learning plan" means a plan adopted by a school board or board of 
11.27 	directors that describes the implementation of crisis online learning and how critical 
11.28 	components of education are provided during the crisis learning period. Critical components 
11.29 	of education include but are not limited to nutrition services in accordance with United 
11.30 	States Department of Agriculture regulations, how teachers will be accessible online and 
11.31 	by telephone during regular school hours each crisis online learning day to assist students, 
11.32 	accommodations for students without Internet access or insufficient digital device access 
12.1 	in a household, and accessible options for students with disabilities under chapter 125A and 
12.2 	the Individuals with Disabilities Education Act. A crisis online learning plan may only be 
12.3 	adopted by a school district after consulting with the exclusive representative of the teachers 
12.4 	or by a charter school after consulting with its teachers, and may include up to one 
12.5 	instructional day to prepare for crisis online learning and one instructional day upon the 
12.6 	conclusion of the crisis online learning period, not to exceed four days per school year 
12.7 	without approval from the commissioner. Students and families must be notified of the 
12.8 	crisis online learning plan before the beginning of the school year. Consistent with applicable 
12.9 	labor agreements, districts must utilize available staff who are able to work during the crisis 
12.10 	online learning period.
12.11 	(d) Upon declaring a crisis learning period and providing notice to students and families 
12.12 	at least one day prior to the regular school start time, a school district or charter school may 
12.13 	implement the crisis online learning plan.

12.14 	EFFECTIVE DATE. This section is effective the day following final enactment. For 
12.15 	school year 2021-2022 the student and family notification requirement in subdivision 11, 
12.16 	paragraph (c), does not apply.

12.17 	Sec. 9. Minnesota Statutes 2020, section 124D.59, subdivision 2a, is amended to read:
12.18 		Subd. 2a.English learner; limited or interrupted formal education. Consistent with 
12.19 	subdivision 2, an English learner includeswith limited or interrupted formal education is 
12.20 	an English learner with an interrupted formal education who meets three of the following 
12.21 	five requirements: defined by subdivision 2 who has at least two years less schooling than 
12.22 	the English learner's peers when entering school in the United States.
12.23 	(1) comes from a home where the language usually spoken is other than English, or 
12.24 	usually speaks a language other than English;
12.25 	(2) enters school in the United States after grade 6;
12.26 	(3) has at least two years less schooling than the English learner's peers;
12.27 	(4) functions at least two years below expected grade level in reading and mathematics; 
12.28 	and
12.29 	(5) may be preliterate in the English learner's native language.

13.1 	Sec. 10. Minnesota Statutes 2020, section 124D.68, subdivision 2, is amended to read:
13.2 		Subd. 2.Eligible pupils. (a) A pupil under the age of 21 or who meets the requirements 
13.3 	of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation 
13.4 	incentives program, if the pupil:
13.5 	(1) performs substantially below the performance level for pupils of the same age in a 
13.6 	locally determined achievement test;
13.7 	(2) is behind in satisfactorily completing coursework or obtaining credits for graduation;
13.8 	(3) is pregnant or is a parent;
13.9 	(4) has been assessed as chemically dependent;
13.10 	(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
13.11 	(6) has been referred by a school district for enrollment in an eligible program or a 
13.12 	program pursuant to section 124D.69;
13.13 	(7) is a victim of physical or sexual abuse;
13.14 	(8) has experienced mental health problems;
13.15 	(9) has experienced homelessness sometime within six months before requesting a 
13.16 	transfer to an eligible program;
13.17 	(10) speaks English as a second language or is an English learner;
13.18 	(11) has withdrawn from school or has been chronically truant; or
13.19 	(12) is being treated in a hospital in the seven-county metropolitan area for cancer or 
13.20 	other life threatening illness or is the sibling of an eligible pupil who is being currently 
13.21 	treated, and resides with the pupil's family at least 60 miles beyond the outside boundary 
13.22 	of the seven-county metropolitan area.
13.23 	(b) A pupil otherwise qualifying under paragraph (a) who is at least 21 years of age and 
13.24 	not yet 22 years of age, and is an English learner with an interrupted formal education 
13.25 	according to section 124D.59, subdivision 2a, is eligible to participate in the graduation 
13.26 	incentives program under section 124D.68 and in concurrent enrollment courses offered 
13.27 	under section 124D.09, subdivision 10, and is funded in the same manner as other pupils 
13.28 	under this section. if the pupil otherwise qualifies under paragraph (a), is at least 21 years 
13.29 	of age and not yet 22 years of age, and:
13.30 	(1) is an English learner with a limited or interrupted formal education according to 
13.31 	section 124D.59, subdivision 2a; or
14.1 	(2) meets three of the following four requirements:
14.2 	(i) comes from a home where the language usually spoken is other than English, or 
14.3 	usually speaks a language other than English;
14.4 	(ii) enters school in the United States after grade 6;
14.5 	(iii) functions at least two years below expected grade level in reading and mathematics; 
14.6 	and
14.7 	(iv) may be preliterate in the English learner's native language.

14.8 	Sec. 11. Minnesota Statutes 2020, section 124D.73, is amended by adding a subdivision 
14.9 	to read:
14.10 		Subd. 5.American Indian student. "American Indian student" means a student who 
14.11 	identifies as American Indian or Alaska Native, using the state definition in effect on October 
14.12 	1 of the previous school year.

14.13 	Sec. 12. Minnesota Statutes 2020, section 124D.79, subdivision 2, is amended to read:
14.14 		Subd. 2.Technical assistance. The commissioner shall provide technical assistance, 
14.15 	including an annual report of American Indian student data using the state count, to districts, 
14.16 	schools and postsecondary institutions for preservice and in-service training for teachers, 
14.17 	American Indian education teachers and paraprofessionals specifically designed to implement 
14.18 	culturally responsive teaching methods, culturally based curriculum development, testing 
14.19 	and testing mechanisms, and the development of materials for American Indian education 
14.20 	programs.

14.21 	Sec. 13. Minnesota Statutes 2020, section 124D.81, subdivision 1, is amended to read:
14.22 		Subdivision 1. Procedures. A school district, charter school, or American 
14.23 	Indian-controlled tribal contract or grant school enrolling at least 20 American Indian 
14.24 	students identified by the state count on October 1 of the previous school year and operating 
14.25 	an American Indian education program according to section 124D.74 is eligible for American 
14.26 	Indian education aid if it meets the requirements of this section. Programs may provide for 
14.27 	contracts for the provision of program components by nonsectarian nonpublic, community, 
14.28 	tribal, charter, or alternative schools. The commissioner shall prescribe the form and manner 
14.29 	of application for aids, and no aid shall be made for a program not complying with the 
14.30 	requirements of sections 124D.71 to 124D.82.

15.1 	Sec. 14. Minnesota Statutes 2020, section 124D.81, is amended by adding a subdivision 
15.2 	to read:
15.3 		Subd. 8.State-identified American Indian. For the purposes of sections 124D.71 to 
15.4 	124D.82, students who identify as American Indian or Alaska Native, as defined by the 
15.5 	state of Minnesota on October 1 of the previous school year, will be used to determine the 
15.6 	state-identified American Indian student counts for districts, charter schools, and Tribal 
15.7 	contract schools for the subsequent school year.

15.8 	Sec. 15. Minnesota Statutes 2020, section 125A.15, is amended to read:
15.9 	125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
15.10 	The responsibility for special instruction and services for a child with a disability 
15.11 	temporarily placed in another district for care and treatment shall be determined in the 
15.12 	following manner:
15.13 	(a) The district of residence of a child shall be the district in which the child's parent 
15.14 	resides, if living, or the child's guardian. If there is a dispute between school districts 
15.15 	regarding residency, the district of residence is the district designated by the commissioner.
15.16 	(b) If a district other than the resident district places a pupil for care and treatment, the 
15.17 	district placing the pupil must notify and give the resident district an opportunity to participate 
15.18 	in the placement decision. When an immediate emergency placement of a pupil is necessary 
15.19 	and time constraints foreclose a resident district from participating in the emergency 
15.20 	placement decision, the district in which the pupil is temporarily placed must notify the 
15.21 	resident district of the emergency placement within 15 days. The resident district has up to 
15.22 	five business days after receiving notice of the emergency placement to request an 
15.23 	opportunity to participate in the placement decision, which the placing district must then 
15.24 	provide.
15.25 	(c) When a child is temporarily placed for care and treatment in a day program located 
15.26 	in another district and the child continues to live within the district of residence during the 
15.27 	care and treatment, the district of residence is responsible for providing transportation to 
15.28 	and from the care and treatment program and an appropriate educational program for the 
15.29 	child. The resident district may establish reasonable restrictions on transportation, except 
15.30 	if a Minnesota court or agency orders the child placed at a day care and treatment program 
15.31 	and the resident district receives a copy of the order, then the resident district must provide 
15.32 	transportation to and from the program unless the court or agency orders otherwise. 
15.33 	Transportation shall only be provided by the resident district during regular operating hours 
16.1 	of the resident district. The resident district may provide the educational program at a school 
16.2 	within the district of residence, at the child's residence, or in the district in which the day 
16.3 	treatment center is located by paying tuition to that district. A district or charter school may 
16.4 	utilize online learning under section 124D.095 to fulfill its educational program responsibility 
16.5 	under this chapter if the child, or the child's parent or guardian for a pupil under the age of 
16.6 	18, agrees to that form of instruction.
16.7 	(d) When a child is temporarily placed in a residential program for care and treatment, 
16.8 	the nonresident district in which the child is placed is responsible for providing an appropriate 
16.9 	educational program for the child and necessary transportation while the child is attending 
16.10 	the educational program; and must bill the district of the child's residence for the actual cost 
16.11 	of providing the program, as outlined in section 125A.11, except as provided in paragraph 
16.12 	(e). However, the board, lodging, and treatment costs incurred in behalf of a child with a 
16.13 	disability placed outside of the school district of residence by the commissioner of human 
16.14 	services or the commissioner of corrections or their agents, for reasons other than providing 
16.15 	for the child's special educational needs must not become the responsibility of either the 
16.16 	district providing the instruction or the district of the child's residence. For the purposes of 
16.17 	this section, the state correctional facilities operated on a fee-for-service basis are considered 
16.18 	to be residential programs for care and treatment. A district or charter school may utilize 
16.19 	online learning under section 124D.095 to fulfill its educational program responsibility 
16.20 	under this chapter if the child, or the child's parent or guardian for a pupil under the age of 
16.21 	18, agrees to that form of instruction.
16.22 	(e) A privately owned and operated residential facility may enter into a contract to obtain 
16.23 	appropriate educational programs for special education children and services with a joint 
16.24 	powers entity. The entity with which the private facility contracts for special education 
16.25 	services shall be the district responsible for providing students placed in that facility an 
16.26 	appropriate educational program in place of the district in which the facility is located. If a 
16.27 	privately owned and operated residential facility does not enter into a contract under this 
16.28 	paragraph, then paragraph (d) applies.
16.29 	(f) The district of residence shall pay tuition and other program costs, not including 
16.30 	transportation costs, to the district providing the instruction and services. The district of 
16.31 	residence may claim general education aid for the child as provided by law. Transportation 
16.32 	costs must be paid by the district responsible for providing the transportation and the state 
16.33 	must pay transportation aid to that district.

17.1 	Sec. 16. Minnesota Statutes 2020, section 125A.51, is amended to read:
17.2 	125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES; EDUCATION 
17.3 	AND TRANSPORTATION.
17.4 	The responsibility for providing instruction and transportation for a pupil without a 
17.5 	disability who has a short-term or temporary physical or emotional illness or disability, as 
17.6 	determined by the standards of the commissioner, and who is temporarily placed for care 
17.7 	and treatment for that illness or disability, must be determined as provided in this section.
17.8 	(a) The school district of residence of the pupil is the district in which the pupil's parent 
17.9 	or guardian resides. If there is a dispute between school districts regarding residency, the 
17.10 	district of residence is the district designated by the commissioner.
17.11 	(b) When parental rights have been terminated by court order, the legal residence of a 
17.12 	child placed in a residential or foster facility for care and treatment is the district in which 
17.13 	the child resides.
17.14 	(c) Before the placement of a pupil for care and treatment, the district of residence must 
17.15 	be notified and provided an opportunity to participate in the placement decision. When an 
17.16 	immediate emergency placement is necessary and time does not permit resident district 
17.17 	participation in the placement decision, the district in which the pupil is temporarily placed, 
17.18 	if different from the district of residence, must notify the district of residence of the 
17.19 	emergency placement within 15 days of the placement. When a nonresident district makes 
17.20 	an emergency placement without first consulting with the resident district, the resident 
17.21 	district has up to five business days after receiving notice of the emergency placement to 
17.22 	request an opportunity to participate in the placement decision, which the placing district 
17.23 	must then provide.
17.24 	(d) When a pupil without a disability is temporarily placed for care and treatment in a 
17.25 	day program and the pupil continues to live within the district of residence during the care 
17.26 	and treatment, the district of residence must provide instruction and necessary transportation 
17.27 	to and from the care and treatment program for the pupil. The resident district may establish 
17.28 	reasonable restrictions on transportation, except if a Minnesota court or agency orders the 
17.29 	child placed at a day care and treatment program and the resident district receives a copy 
17.30 	of the order, then the resident district must provide transportation to and from the program 
17.31 	unless the court or agency orders otherwise. Transportation shall only be provided by the 
17.32 	resident district during regular operating hours of the resident district. The resident district 
17.33 	may provide the instruction at a school within the district of residence, at the pupil's residence, 
17.34 	through an online learning program under section 124D.095, provided by the pupil's resident 
18.1 	district, district of open enrollment under section 124D.03, or charter school of enrollment 
18.2 	under section 124E.11, or in the case of a placement outside of the resident district, in the 
18.3 	district in which the day treatment program is located by paying tuition to that district. A 
18.4 	district or charter school may provide the instruction through an online learning program 
18.5 	if the pupil, or the pupil's parent or guardian for a pupil under the age of 18, agrees to that 
18.6 	form of instruction. The district of placement may contract with a facility to provide 
18.7 	instruction by teachers licensed by the Professional Educator Licensing and Standards 
18.8 	Board.
18.9 	(e) When a pupil without a disability is temporarily placed in a residential program for 
18.10 	care and treatment, the district in which the pupil is placed must provide instruction for the 
18.11 	pupil and necessary transportation while the pupil is receiving instruction, and in the case 
18.12 	of a placement outside of the district of residence, the nonresident district must bill the 
18.13 	district of residence for the actual cost of providing the instruction for the regular school 
18.14 	year and for summer school, excluding transportation costs. A district or charter school may 
18.15 	utilize online learning under section 124D.095 to fulfill its educational program responsibility 
18.16 	under this chapter if the pupil, or the pupil's parent or guardian for a pupil under the age of 
18.17 	18, agrees to that form of instruction.
18.18 	(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or 
18.19 	private homeless shelter, then the district that enrolls the pupil under section 120A.20, 
18.20 	subdivision 2, paragraph (b), shall provide the transportation, unless the district that enrolls 
18.21 	the pupil and the district in which the pupil is temporarily placed agree that the district in 
18.22 	which the pupil is temporarily placed shall provide transportation. When a pupil without a 
18.23 	disability is temporarily placed in a residential program outside the district of residence, 
18.24 	the administrator of the court placing the pupil must send timely written notice of the 
18.25 	placement to the district of residence. The district of placement may contract with a 
18.26 	residential facility to provide instruction by teachers licensed by the Professional Educator 
18.27 	Licensing and Standards Board. For purposes of this section, the state correctional facilities 
18.28 	operated on a fee-for-service basis are considered to be residential programs for care and 
18.29 	treatment.
18.30 	(g) The district of residence must include the pupil in its residence count of pupil units 
18.31 	and pay tuition as provided in section 123A.488 to the district providing the instruction. 
18.32 	Transportation costs must be paid by the district providing the transportation and the state 
18.33 	must pay transportation aid to that district. For purposes of computing state transportation 
18.34 	aid, pupils governed by this subdivision must be included in the disabled transportation 
19.1 	category if the pupils cannot be transported on a regular school bus route without special 
19.2 	accommodations.

19.3 	Sec. 17. Minnesota Statutes 2020, section 125A.515, subdivision 3, is amended to read:
19.4 		Subd. 3.Responsibilities for providing education. (a) The district in which the children's 
19.5 	residential facility is located must provide education services, including special education 
19.6 	if eligible, to all students placed in a facility. If a child's district of residence, district of open 
19.7 	enrollment under section 124D.03, or charter school of enrollment under section 124E.11 
19.8 	is a state-approved online learning provider under section 124D.095, subdivision 2, paragraph 
19.9 	(d), the district in which the children's residential facility is located may utilize that 
19.10 	state-approved online learning program in fulfilling its education services responsibility 
19.11 	under this section. A district or charter school may provide the instruction through an online 
19.12 	learning program if the child or child's parent or guardian, for a child under the age of 18, 
19.13 	agrees to that form of instruction.
19.14 	(b) For education programs operated by the Department of Corrections, the providing 
19.15 	district shall be the Department of Corrections. For students remanded to the commissioner 
19.16 	of corrections, the providing and resident district shall be the Department of Corrections.

19.17 	ARTICLE 2
19.18 	EDUCATION EXCELLENCE

19.19 	Section 1. Minnesota Statutes 2020, section 13.32, subdivision 3, is amended to read:
19.20 		Subd. 3.Private data; when disclosure is permitted. Except as provided in subdivision 
19.21 	5, educational data is private data on individuals and shall not be disclosed except as follows:
19.22 	(a) pursuant to section 13.05;
19.23 	(b) pursuant to a valid court order;
19.24 	(c) pursuant to a statute specifically authorizing access to the private data;
19.25 	(d) to disclose information in health, including mental health, and safety emergencies 
19.26 	pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code 
19.27 	of Federal Regulations, title 34, section 99.36;
19.28 	(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), 
19.29 	(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, 
19.30 	title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
20.1 	(f) to appropriate health authorities to the extent necessary to administer immunization 
20.2 	programs and for bona fide epidemiologic investigations which the commissioner of health 
20.3 	determines are necessary to prevent disease or disability to individuals in the public 
20.4 	educational agency or institution in which the investigation is being conducted;
20.5 	(g) when disclosure is required for institutions that participate in a program under title 
20.6 	IV of the Higher Education Act, United States Code, title 20, section 1092;
20.7 	(h) to the appropriate school district officials to the extent necessary under subdivision 
20.8 	6, annually to indicate the extent and content of remedial instruction, including the results 
20.9 	of assessment testing and academic performance at a postsecondary institution during the 
20.10 	previous academic year by a student who graduated from a Minnesota school district within 
20.11 	two years before receiving the remedial instruction;
20.12 	(i) to appropriate authorities as provided in United States Code, title 20, section 
20.13 	1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the 
20.14 	system to effectively serve, prior to adjudication, the student whose records are released; 
20.15 	provided that the authorities to whom the data are released submit a written request for the 
20.16 	data that certifies that the data will not be disclosed to any other person except as authorized 
20.17 	by law without the written consent of the parent of the student and the request and a record 
20.18 	of the release are maintained in the student's file;
20.19 	(j) to volunteers who are determined to have a legitimate educational interest in the data 
20.20 	and who are conducting activities and events sponsored by or endorsed by the educational 
20.21 	agency or institution for students or former students;
20.22 	(k) to provide student recruiting information, from educational data held by colleges 
20.23 	and universities, as required by and subject to Code of Federal Regulations, title 32, section 
20.24 	216;
20.25 	(l) to the juvenile justice system if information about the behavior of a student who poses 
20.26 	a risk of harm is reasonably necessary to protect the health or safety of the student or other 
20.27 	individuals;
20.28 	(m) with respect to Social Security numbers of students in the adult basic education 
20.29 	system, to Minnesota State Colleges and Universities and the Department of Employment 
20.30 	and Economic Development for the purpose and in the manner described in section 124D.52, 
20.31 	subdivision 7;
20.32 	(n) to the commissioner of education for purposes of an assessment or investigation of 
20.33 	a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request 
21.1 	by the commissioner of education, data that are relevant to a report of maltreatment and are 
21.2 	from charter school and school district investigations of alleged maltreatment of a student 
21.3 	must be disclosed to the commissioner, including, but not limited to, the following:
21.4 	(1) information regarding the student alleged to have been maltreated;
21.5 	(2) information regarding student and employee witnesses;
21.6 	(3) information regarding the alleged perpetrator; and
21.7 	(4) what corrective or protective action was taken, if any, by the school facility in response 
21.8 	to a report of maltreatment by an employee or agent of the school or school district;
21.9 	(o) when the disclosure is of the final results of a disciplinary proceeding on a charge 
21.10 	of a crime of violence or nonforcible sex offense to the extent authorized under United 
21.11 	States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title 
21.12 	34, sections 99.31 (a)(13) and (14);
21.13 	(p) when the disclosure is information provided to the institution under United States 
21.14 	Code, title 42, section 14071, concerning registered sex offenders to the extent authorized 
21.15 	under United States Code, title 20, section 1232g(b)(7); or
21.16 	(q) when the disclosure is to a parent of a student at an institution of postsecondary 
21.17 	education regarding the student's violation of any federal, state, or local law or of any rule 
21.18 	or policy of the institution, governing the use or possession of alcohol or of a controlled 
21.19 	substance, to the extent authorized under United States Code, title 20, section 1232g(i), and 
21.20 	Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution 
21.21 	has an information release form signed by the student authorizing disclosure to a parent. 
21.22 	The institution must notify parents and students about the purpose and availability of the 
21.23 	information release forms. At a minimum, the institution must distribute the information 
21.24 	release forms at parent and student orientation meetings.; or
21.25 	(r) with Tribal Nations about Tribally enrolled or descendant students so that the Tribal 
21.26 	Nation and school district or charter school can support the educational attainment of the 
21.27 	student.

21.28 	Sec. 2. Minnesota Statutes 2020, section 120A.22, subdivision 7, is amended to read:
21.29 		Subd. 7.Education records. (a) A district, a charter school, or a nonpublic school that 
21.30 	receives services or aid under sections 123B.40 to 123B.48 from which a student is 
21.31 	transferring must transmit the student's educational records, within ten business days of a 
21.32 	request, to the district, the charter school, or the nonpublic school in which the student is 
22.1 	enrolling. Districts, charter schools, and nonpublic schools that receive services or aid under 
22.2 	sections 123B.40 to 123B.48 must make reasonable efforts to determine the district, the 
22.3 	charter school, or the nonpublic school in which a transferring student is next enrolling in 
22.4 	order to comply with this subdivision.
22.5 	(b) A closed charter school must transfer the student's educational records, within ten 
22.6 	business days of the school's closure, to the student's school district of residence where the 
22.7 	records must be retained unless the records are otherwise transferred under this subdivision.
22.8 	(c) A school district, a charter school, or a nonpublic school that receives services or aid 
22.9 	under sections 123B.40 to 123B.48 that transmits a student's educational records to another 
22.10 	school district or other educational entity, charter school, or nonpublic school to which the 
22.11 	student is transferring must include in the transmitted records information about any formal 
22.12 	suspension, expulsion, and exclusion disciplinary action, as well as pupil withdrawals, under 
22.13 	sections 121A.40 to 121A.56. The transmitted records must include services a pupil needs 
22.14 	to prevent the inappropriate behavior from recurring. The district, the charter school, or the 
22.15 	nonpublic school that receives services or aid under sections 123B.40 to 123B.48 must 
22.16 	provide notice to a student and the student's parent or guardian that formal disciplinary 
22.17 	records will be transferred as part of the student's educational record, in accordance with 
22.18 	data practices under chapter 13 and the Family Educational Rights and Privacy Act of 1974, 
22.19 	United States Code, title 20, section 1232(g).
22.20 	(d) Notwithstanding section 138.17, a principal or chief administrative officer must 
22.21 	remove from a student's educational record and destroy a probable cause notice received 
22.22 	under section 260B.171, subdivision 5, or paragraph (e), if one year has elapsed since the 
22.23 	date of the notice and the principal or chief administrative officer has not received a 
22.24 	disposition or court order related to the offense described in the notice. This paragraph does 
22.25 	not apply if the student no longer attends the school when this one-year period expires.
22.26 	(e) A principal or chief administrative officer who receives a probable cause notice under 
22.27 	section 260B.171, subdivision 5, or a disposition or court order, must include a copy of that 
22.28 	data in the student's educational records if they are transmitted to another school, unless the 
22.29 	data are required to be destroyed under paragraph (d) or section 121A.75.

22.30 	Sec. 3. Minnesota Statutes 2020, section 120A.22, subdivision 9, is amended to read:
22.31 		Subd. 9.Knowledge and skills. Instruction must be provided in at least the following 
22.32 	subject areas:
22.33 	(1) basic communication skills including reading and writing, literature, and fine arts;
23.1 	(2) mathematics and science;
23.2 	(3) social studies including history, geography, economics, government, and citizenship; 
23.3 	and
23.4 	(4) health and physical education.; and
23.5 	(5) ethnic studies.
23.6 	Instruction, textbooks, and materials must be in the English language. Another language 
23.7 	may be used pursuant to sections 124D.59 to 124D.61.

23.8 	Sec. 4. Minnesota Statutes 2020, section 120B.018, subdivision 6, is amended to read:
23.9 		Subd. 6.Required standard. "Required standard" means (1) a statewide adopted 
23.10 	expectation for student learning in the content areas of language arts, mathematics, science, 
23.11 	social studies, physical education, and the arts, or (2) a locally adopted expectation for 
23.12 	student learning in health or the arts.

23.13 	Sec. 5. Minnesota Statutes 2020, section 120B.021, subdivision 1, is amended to read:
23.14 		Subdivision 1.Required academic standards. (a) The following subject areas are 
23.15 	required for statewide accountability:
23.16 	(1) language arts;
23.17 	(2) mathematics;
23.18 	(3) science;
23.19 	(4) social studies, including history, geography, economics, and government and 
23.20 	citizenship that includes civics consistent with section 120B.02, subdivision 3;
23.21 	(5) physical education;
23.22 	(6) health, for which locally developed academic standards apply; and
23.23 	(7) the arts, for which statewide or locally developed academic standards apply, as 
23.24 	determined by the school district. Public elementary and middle schools must offer at least 
23.25 	three and require at least two of the following four five arts areas: media arts, dance;, music;,
23.26 	theater;, and visual arts. Public high schools must offer at least three and require at least 
23.27 	one of the following five arts areas: media arts;, dance;, music;, theater;, and visual arts.
23.28 	(b) For purposes of applicable federal law, the academic standards for language arts, 
23.29 	mathematics, and science apply to all public school students, except the very few students 
23.30 	with extreme cognitive or physical impairments for whom an individualized education 
24.1 	program team has determined that the required academic standards are inappropriate. An 
24.2 	individualized education program team that makes this determination must establish 
24.3 	alternative standards.
24.4 	(c) The department must adopt the most recent SHAPE America (Society of Health and 
24.5 	Physical Educators) kindergarten through grade 12 standards and benchmarks for physical 
24.6 	education as the required physical education academic standards. The department may 
24.7 	modify and adapt the national standards to accommodate state interest. The modification 
24.8 	and adaptations must maintain the purpose and integrity of the national standards. The 
24.9 	department must make available sample assessments, which school districts may use as an 
24.10 	alternative to local assessments, to assess students' mastery of the physical education 
24.11 	standards beginning in the 2018-2019 school year.
24.12 	(d) A school district may include child sexual abuse prevention instruction in a health 
24.13 	curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention 
24.14 	instruction may include age-appropriate instruction on recognizing sexual abuse and assault, 
24.15 	boundary violations, and ways offenders groom or desensitize victims, as well as strategies 
24.16 	to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may 
24.17 	provide instruction under this paragraph in a variety of ways, including at an annual assembly 
24.18 	or classroom presentation. A school district may also provide parents information on the 
24.19 	warning signs of child sexual abuse and available resources.
24.20 	(e) District efforts to develop, implement, or improve instruction or curriculum as a 
24.21 	result of the provisions of this section must be consistent with sections 120B.10, 120B.11, 
24.22 	and 120B.20.

24.23 	Sec. 6. Minnesota Statutes 2020, section 120B.021, subdivision 2, is amended to read:
24.24 		Subd. 2.Standards development. (a) The commissioner must consider advice from at 
24.25 	least the following stakeholders in developing statewide rigorous core academic standards 
24.26 	in language arts, mathematics, science, social studies, including history, geography, 
24.27 	economics, government and citizenship, and the arts:
24.28 	(1) parents of school-age children and members of the public throughout the state;
24.29 	(2) teachers throughout the state currently licensed and providing instruction in language 
24.30 	arts, mathematics, science, social studies, or the arts and licensed elementary and secondary 
24.31 	school principals throughout the state currently administering a school site;
24.32 	(3) currently serving members of local school boards and charter school boards throughout 
24.33 	the state;
25.1 	(4) faculty teaching core subjects at postsecondary institutions in Minnesota; and
25.2 	(5) representatives of the Minnesota business community.;
25.3 	(6) representatives from the Tribal Nations Education Committee and Minnesota's Tribal 
25.4 	Nations and communities, including both Anishinaabe and Dakota;
25.5 	(7) youth currently enrolled in kindergarten through grade 12 school districts and charter 
25.6 	schools in Minnesota; and
25.7 	(8) other stakeholders that represent the ethnic, racial, and geographic diversity of 
25.8 	Minnesota, including diversity of gender and sexual orientation, immigrant status, and 
25.9 	religious and linguistic background.
25.10 	(b) Academic standards must:
25.11 	(1) be clear, concise, objective, measurable, and grade-level appropriate;
25.12 	(2) not require a specific teaching methodology or curriculum; and
25.13 	(3) be consistent with the Constitutions of the United States and the state of Minnesota.

25.14 	Sec. 7. Minnesota Statutes 2020, section 120B.021, subdivision 3, is amended to read:
25.15 		Subd. 3.Rulemaking. The commissioner, consistent with the requirements of this section 
25.16 	and section 120B.022, must adopt statewide rules under section 14.389 for implementing 
25.17 	statewide rigorous core academic standards in language arts, mathematics, science, social 
25.18 	studies, physical education, and the arts. After the rules authorized under this subdivision 
25.19 	are initially adopted, the commissioner may not amend or repeal these rules nor adopt new 
25.20 	rules on the same topic without specific legislative authorization unless done pursuant to 
25.21 	subdivision 4.

25.22 	Sec. 8. Minnesota Statutes 2020, section 120B.021, subdivision 4, is amended to read:
25.23 		Subd. 4.Revisions and reviews required. (a) The commissioner of education must 
25.24 	revise and appropriately embed Indigenous education standards that include the contributions 
25.25 	of American Indian Tribes and communities into the state's academic standards and 
25.26 	graduation requirements. These standards must be consistent with recommendations from 
25.27 	the Tribal Nations Education Committee.
25.28 	(b) The commissioner of education must revise and embed technology and information 
25.29 	literacy standards consistent with recommendations from school media specialists into the 
25.30 	state's academic standards and graduation requirements and implement a ten-year cycle to 
25.31 	review and, consistent with the review, revise state academic standards and related 
26.1 	benchmarks, consistent with this subdivision. During each ten-year review and revision 
26.2 	cycle, the commissioner also must examine the alignment of each required academic standard 
26.3 	and related benchmark with the knowledge and skills students need for career and college 
26.4 	readiness and advanced work in the particular subject area.
26.5 	(c) The commissioner must include the contributions of Minnesota American Indian 
26.6 	tribes and communities as related to theembed ethnic studies into the state's academic 
26.7 	standards during the review and revision of the required academic standards.
26.8 	(b) (d) The commissioner must ensure that the statewide mathematics assessments 
26.9 	administered to students in grades 3 through 8 and 11 are aligned with the state academic 
26.10 	standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph (b). 
26.11 	The commissioner must implement a review of the academic standards and related 
26.12 	benchmarks in mathematics beginning in the 2021-2022 school year and every ten years 
26.13 	thereafter.
26.14 	(c) (e) The commissioner must implement a review of the academic standards and related 
26.15 	benchmarks in arts beginning in the 2017-2018 school year and every ten years thereafter.
26.16 	(d) (f) The commissioner must implement a review of the academic standards and related 
26.17 	benchmarks in science beginning in the 2018-2019 school year and every ten years thereafter.
26.18 	(e) (g) The commissioner must implement a review of the academic standards and related 
26.19 	benchmarks in language arts beginning in the 2019-2020 school year and every ten years 
26.20 	thereafter.
26.21 	(f) (h) The commissioner must implement a review of the academic standards and related 
26.22 	benchmarks in social studies beginning in the 2020-2021 school year and every ten years 
26.23 	thereafter.
26.24 	(g) (i) The commissioner must implement a review of the academic standards and related 
26.25 	benchmarks in physical education beginning in the 2022-2023 2026-2027 school year and 
26.26 	every ten years thereafter.
26.27 	(h) (j) School districts and charter schools must revise and align local academic standards 
26.28 	and high school graduation requirements in health, world languages, and career and technical 
26.29 	education to require students to complete the revised standards beginning in a school year 
26.30 	determined by the school district or charter school. School districts and charter schools must 
26.31 	formally establish a periodic review cycle for the academic standards and related benchmarks 
26.32 	in health, world languages, and career and technical education.

27.1 	Sec. 9. Minnesota Statutes 2020, section 120B.022, subdivision 1, is amended to read:
27.2 		Subdivision 1.Elective standards. A district must establish and regularly review its 
27.3 	own standards in for career and technical education programs. Standards must align with 
27.4 	Minnesota career and technical education frameworks, standards developed by national 
27.5 	career and technical education organizations, or recognized industry standards. A district 
27.6 	must use the current world languages standards developed by the American Council on the 
27.7 	Teaching of Foreign Languages. A school district must offer courses in all elective subject 
27.8 	areas.

27.9 	Sec. 10. Minnesota Statutes 2020, section 120B.024, subdivision 1, is amended to read:
27.10 		Subdivision 1.Graduation requirements. (a) Students beginning 9th grade in the 
27.11 	2011-2012 school year and later must successfully complete the following high school level 
27.12 	credits for graduation:
27.13 	(1) four credits of language arts sufficient to satisfy all of the academic standards in 
27.14 	English language arts;
27.15 	(2) three credits of mathematics, including an algebra II credit or its equivalent, sufficient 
27.16 	to satisfy all of the academic standards in mathematics;
27.17 	(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th grade 
27.18 	standards in mathematics;
27.19 	(4) three credits of science, including at least one credit of biology, one credit of chemistry 
27.20 	or physics, and one elective credit of science. The combination of credits under this clause 
27.21 	must be sufficient to satisfy (i) all of the academic standards in either chemistry or physics 
27.22 	and (ii) all other academic standards in science;
27.23 	(5) three and one-half credits of social studies, including credit for a course in government 
27.24 	and citizenship in either 11th or 12th grade for students beginning 9th grade in the 2023-2024 
27.25 	school year and later or an advanced placement, international baccalaureate, or other rigorous 
27.26 	course on government and citizenship under section 120B.021, subdivision 1a, and a 
27.27 	combination of other credits encompassing at least United States history, geography, 
27.28 	government and citizenship, world history, and economics sufficient to satisfy all of the 
27.29 	academic standards in social studies;
27.30 	(6) one credit of the arts sufficient to satisfy all of the state or local academic standards 
27.31 	in the arts; and
27.32 	(7) a minimum of seven elective credits.
28.1 	(b) A school district is encouraged to offer a course for credit in government and 
28.2 	citizenship to 11th or 12th grade students who begin 9th grade in the 2020-2021 school year 
28.3 	and later, that satisfies the government and citizenship requirement in paragraph (a), clause 
28.4 	(5). A school district must offer the course starting in the 2023-2024 school year.
28.5 	(c) A student beginning 9th grade in the 2023-2024 school year and later must 
28.6 	successfully complete a personal finance course for credit during the student's senior year 
28.7 	of high school. The course must include but is not limited to the following topics: creating 
28.8 	a household budget; taking out loans and accruing debt, including how interest works; home 
28.9 	mortgages; how to file taxes; the impact of student loan debt; and how to read a paycheck 
28.10 	and payroll deductions. A district may provide a personal finance course through in-person 
28.11 	instruction, distance instruction, or a combination of in-person and distance instruction.

28.12 	Sec. 11. Minnesota Statutes 2020, section 120B.024, subdivision 2, is amended to read:
28.13 		Subd. 2.Credit equivalencies. (a) A one-half credit of economics taught in a school's 
28.14 	agriculture agricultural, food, and natural resources education or business department
28.15 	education program may fulfill a one-half credit in social studies under subdivision 1, clause 
28.16 	(5), if the credit is sufficient to satisfy all of the academic standards in economics.
28.17 	(b) An agriculture science or career and technical education credit may fulfill the elective 
28.18 	science credit required under subdivision 1, clause (4), if the credit meets the state physical 
28.19 	science, life science, earth and space science, chemistry, or physics academic standards or 
28.20 	a combination of these academic standards as approved by the district. An agriculture or 
28.21 	career and technical education credit may fulfill the credit in chemistry or physics required 
28.22 	under subdivision 1, clause (4), if the credit meets the state chemistry or physics academic 
28.23 	standards as approved by the district. A student must satisfy either all of the chemistry 
28.24 	academic standards or all of the physics academic standards prior to graduation. An 
28.25 	agriculture science or career and technical education credit may not fulfill the required 
28.26 	biology credit under subdivision 1, clause (4).
28.27 	(c) A career and technical education credit may fulfill a mathematics or arts credit 
28.28 	requirement under subdivision 1, clause (2) or (6).
28.29 	(d) An agriculture agricultural, food, and natural resources education teacher is not 
28.30 	required to meet the requirements of Minnesota Rules, part 3505.1150, subpart 1 2, item 
28.31 	B, to meet the credit equivalency requirements of paragraph (b) above.
28.32 	(e) A computer science credit may fulfill a mathematics credit requirement under 
28.33 	subdivision 1, clause (2), if the credit meets state academic standards in mathematics.
29.1 	(f) A Project Lead the Way credit may fulfill a science or mathematics credit requirement 
29.2 	under subdivision 1, clause (2) or (4), if the credit meets the state academic standards in 
29.3 	science or mathematics.

29.4 	Sec. 12. [120B.025] ETHNIC STUDIES CURRICULUM.
29.5 	"Ethnic studies curriculum" means the critical and interdisciplinary study of race, 
29.6 	ethnicity, and indigeneity with a focus on the experiences and perspectives of people of 
29.7 	color within and beyond the United States. Ethnic studies analyzes the ways in which race 
29.8 	and racism have been and continue to be powerful social, cultural, and political forces, and 
29.9 	the connections of race to the stratification of other groups, including stratification based 
29.10 	on gender, class, sexual orientation, gender identity, disability, and legal status. The ethnic 
29.11 	studies curriculum may be integrated into existing curricular opportunities or provided 
29.12 	through additional curricular offerings.

29.13 	Sec. 13. Minnesota Statutes 2020, section 120B.026, is amended to read:
29.14 	120B.026 PHYSICAL EDUCATION; EXCLUSION EXCUSAL FROM CLASS; 
29.15 	RECESS.
29.16 	A student may be excused from a physical education class if the student submits written 
29.17 	information signed by a physician stating that physical activity will jeopardize the student's 
29.18 	health. A student may be excused from a physical education class if being excused meets 
29.19 	the child's unique and individualized needs according to the child's individualized education 
29.20 	program, federal 504 plan, or individualized health plan. A student may be excused if a 
29.21 	parent or guardian requests an exemption on religious grounds. A student with a disability 
29.22 	must be provided with modifications or adaptations that allow physical education class to 
29.23 	meet their needs. Schools are strongly encouraged not to exclude students in kindergarten 
29.24 	through grade 5 from recess due to punishment or disciplinary action.

29.25 	EFFECTIVE DATE. This section is effective July 1, 2022.

29.26 	Sec. 14. Minnesota Statutes 2020, section 120B.11, subdivision 1, is amended to read:
29.27 		Subdivision 1.Definitions. For the purposes of this section and section 120B.10, the 
29.28 	following terms have the meanings given them.
29.29 	(a) "Instruction" means methods of providing learning experiences that enable a student 
29.30 	to meet state and district academic standards and graduation requirements including applied 
29.31 	and experiential learning.
30.1 	(b) "Curriculum" means district or school adopted programs and written plans for 
30.2 	providing students with learning experiences that lead to expected knowledge and skills 
30.3 	and career and college readiness.
30.4 	(c) "World's best workforce" means striving to: meet school readiness goals; have all 
30.5 	third grade students achieve grade-level literacy; close the academic achievement gap among 
30.6 	all racial and ethnic groups of students and between students living in poverty and students 
30.7 	not living in poverty; have all students attain career and college readiness before graduating 
30.8 	from high school; and have all students graduate from high school.
30.9 	(d) "Experiential learning" means learning for students that includes career exploration 
30.10 	through a specific class or course or through work-based experiences such as job shadowing, 
30.11 	mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative 
30.12 	work experience, youth apprenticeship, or employment.
30.13 	(e) "Ethnic studies curriculum" means the critical and interdisciplinary study of race, 
30.14 	ethnicity, and indigeneity with a focus on the experiences and perspectives of People of 
30.15 	Color within and beyond the United States. Ethnic studies analyzes the ways in which race 
30.16 	and racism have been and continue to be powerful social, cultural, and political forces, and 
30.17 	the connection of race to the stratification of other groups, including stratification based on 
30.18 	gender, class, sexual orientation, gender identity, disability, and legal status. The ethnic 
30.19 	studies curriculum may be integrated into existing curricular opportunities or provided 
30.20 	through additional curricular offerings.
30.21 	(f) "Antiracist" means actively working to identify and eliminate racism in all forms so 
30.22 	that power and resources are redistributed and shared equitably among racial groups.
30.23 	(g) "Culturally sustaining" means integrating content and practices that infuse the culture 
30.24 	and language of Black, Indigenous, and People of Color communities who have been and 
30.25 	continue to be harmed and erased through schooling.
30.26 	(h) "Institutional racism" means structures, policies, and practices within and across 
30.27 	institutions that produce outcomes that chronically favor white people and disadvantage 
30.28 	those who are Black, Indigenous, and People of Color.
30.29 	(i) "On track for graduation" means that at the end of grade 9, a student has earned at 
30.30 	least five credits and has received no more than one failing grade in a term in a language 
30.31 	arts, mathematics, science, or social studies course that fulfills a credit requirement under 
30.32 	section 120B.024. A student is off track for graduation if the student fails to meet either of 
30.33 	these criteria.

31.1 	Sec. 15. Minnesota Statutes 2020, section 120B.11, subdivision 1a, is amended to read:
31.2 		Subd. 1a.Performance measures. (a) Measures to determine school district and school 
31.3 	site progress in striving to create the world's best workforce must include at least:
31.4 	(1) the size of the academic achievement gap, rigorous course taking under section 
31.5 	120B.35, subdivision 3, paragraph (c), clause (2), participation in honors or gifted and 
31.6 	talented programming, and enrichment experiences by student subgroup;
31.7 	(2) student performance on the Minnesota Comprehensive Assessments;
31.8 	(3) high school graduation rates; and
31.9 	(4) career and college readiness under section 120B.30, subdivision 1.; and
31.10 	(5) the number and percentage of students, by student subgroup, who are on track for 
31.11 	graduation.
31.12 	(b) A school district that offers advanced placement, international baccalaureate, or dual 
31.13 	enrollment programs must report on the following performance measures starting in the 
31.14 	2023-2024 school year:
31.15 	(1) participation in postsecondary enrollment options and concurrent enrollment programs;
31.16 	(2) the number of students who took an advanced placement exam and the number of 
31.17 	students who passed the exam; and
31.18 	(3) the number of students who took the international baccalaureate exam and the number 
31.19 	of students who passed the exam.
31.20 	(c) Performance measures under this subdivision must be reported for all student 
31.21 	subgroups identified in section 120B.35, subdivision 3, paragraph (b), clause (2).

31.22 	EFFECTIVE DATE. This section is effective July 1, 2022.

31.23 	Sec. 16. Minnesota Statutes 2020, section 120B.11, subdivision 2, is amended to read:
31.24 		Subd. 2.Adopting plans and budgets.  A school board, at a public meeting, shall must
31.25 	adopt a comprehensive, long-term strategic plan to support and improve teaching and 
31.26 	learning that is aligned with creating the world's best workforce and includes:
31.27 	(1) clearly defined district and school site goals and benchmarks for instruction and 
31.28 	student achievement for all student subgroups identified in section 120B.35, subdivision 3, 
31.29 	paragraph (b), clause (2);
32.1 	(2) a process to: assess and evaluate each student's progress toward meeting state and 
32.2 	local academic standards,; assess and identify students to participate in gifted and talented 
32.3 	programs and accelerate their instruction, and; adopt early-admission procedures consistent 
32.4 	with section 120B.15,; assess ethnic studies curriculum needs to determine priorities for 
32.5 	integrating ethnic studies into existing courses or developing new courses; and identifying
32.6 	identify the strengths and weaknesses of instruction in pursuit of student and school success 
32.7 	and curriculum affecting students' progress and growth toward career and college readiness 
32.8 	and leading to the world's best workforce;
32.9 	(3) a system to periodically review and evaluate the effectiveness of all instruction and 
32.10 	curriculum, including ethnic studies curriculum, taking into account strategies and best 
32.11 	practices, student outcomes, school principal evaluations under section 123B.147, subdivision 
32.12 	3, students' access to effective teachers who are members of populations underrepresented 
32.13 	among the licensed teachers in the district or school and who reflect the diversity of enrolled 
32.14 	students under section 120B.35, subdivision 3, paragraph (b), clause (2), and teacher 
32.15 	evaluations under section 122A.40, subdivision 8, or 122A.41, subdivision 5;
32.16 	(4) strategies for improving instruction, curriculum, and student achievement, including:
32.17 	(i) the English and, where practicable, the native language development and the academic 
32.18 	achievement of English learners; and
32.19 	(ii) access to ethnic studies curriculum using culturally responsive methodologies for 
32.20 	all learners;
32.21 	(5) a process to examine the equitable distribution of teachers and strategies to ensure 
32.22 	children in low-income and minority families, children in families of people of color, and 
32.23 	children in American Indian families are not taught at higher rates than other children by 
32.24 	inexperienced, ineffective, or out-of-field teachers;
32.25 	(6) education effectiveness practices that:
32.26 	(i) integrate high-quality instruction, rigorous curriculum, technology, and curriculum 
32.27 	that is rigorous, accurate, antiracist, and culturally sustaining;
32.28 	(ii) ensure learning and work environments validate, affirm, embrace, and integrate 
32.29 	cultural and community strengths for all students, families, and employees; and
32.30 	(iii) provide a collaborative professional culture that develops and supports seeks to 
32.31 	retain qualified, racially and ethnically diverse staff effective at working with diverse students 
32.32 	while developing and supporting teacher quality, performance, and effectiveness; and
32.33 	(7) an annual budget for continuing to implement the district plan.; and
33.1 	(8) identifying a list of suggested and required materials, resources, sample curricula, 
33.2 	and pedagogical skills for use in kindergarten through grade 12 that accurately reflect the 
33.3 	diversity of the state of Minnesota.

33.4 	EFFECTIVE DATE. This section is effective for all strategic plans reviewed and 
33.5 	updated after June 30, 2023.

33.6 	Sec. 17. Minnesota Statutes 2020, section 120B.11, subdivision 3, is amended to read:
33.7 		Subd. 3.District advisory committee. Each school board shall must establish an advisory 
33.8 	committee to ensure active community participation in all phases of planning and improving 
33.9 	the instruction and curriculum affecting state and district academic standards, consistent 
33.10 	with subdivision 2. A district advisory committee, to the extent possible, shall must reflect 
33.11 	the diversity of the district and its school sites, include teachers, parents, support staff, 
33.12 	students, and other community residents, and provide translation to the extent appropriate 
33.13 	and practicable. The district advisory committee shall must pursue community support to 
33.14 	accelerate the academic and native literacy and achievement of English learners with varied 
33.15 	needs, from young children to adults, consistent with section 124D.59, subdivisions 2 and 
33.16 	2a. The district may establish site teams as subcommittees of the district advisory committee 
33.17 	under subdivision 4. The district advisory committee shall must recommend to the school 
33.18 	board: rigorous academic standards,; student achievement goals and measures consistent 
33.19 	with subdivision 1a and sections 120B.022, subdivisions 1a and 1b, and 120B.35,; district 
33.20 	assessments,; means to improve students' equitable access to effective and more diverse 
33.21 	teachers,; strategies to ensure the curriculum is rigorous, accurate, antiracist, and culturally 
33.22 	sustaining; strategies to ensure that curriculum and learning and work environments validate, 
33.23 	affirm, embrace, and integrate the cultural and community strengths of all racial and ethnic 
33.24 	groups; and program evaluations. School sites may expand upon district evaluations of 
33.25 	instruction, curriculum, assessments, or programs. Whenever possible, parents and other 
33.26 	community residents shall must comprise at least two-thirds of advisory committee members.

33.27 	Sec. 18. [120B.113] CLOSING EDUCATIONAL OPPORTUNITY GAPS GRANTS.
33.28 		Subdivision 1.Grant program established. The commissioner of education must 
33.29 	establish a grant program to support implementation of world's best workforce strategies 
33.30 	under section 120B.11, subdivision 2, clauses (4) and (6), and collaborative efforts that 
33.31 	address opportunity gaps resulting from curricular, environmental, and structural inequities 
33.32 	in schools experienced by students, families, and staff who are of color or who are American 
33.33 	Indian.
34.1 		Subd. 2.Definitions. (a) For purposes of this section, the following terms have the 
34.2 	meanings given.
34.3 	(b) "Antiracist" means actively working to identify and eliminate racism in all forms so 
34.4 	that power and resources are redistributed and shared equitably among racial groups.
34.5 	(c) "Curricular" means curriculum resources used and content taught as well as access 
34.6 	to levels of coursework or types of learning opportunities.
34.7 	(d) "Environmental" means relating to the climate and culture of a school.
34.8 	(e) "Equitable" means fairness by providing curriculum, instruction, support, and other 
34.9 	resources for learning based on the needs of individual students and groups of students to 
34.10 	succeed at school rather than treating all students the same despite the students having 
34.11 	different needs.
34.12 	(f) "Institutional racism" means policies and practices within and across institutions that 
34.13 	produce outcomes that chronically favor white people and disadvantage those who are 
34.14 	Black, Indigenous, and People of Color.
34.15 	(g) "Opportunity gap" means the inequitable distribution of resources that impacts 
34.16 	inequitable opportunities that contribute to or perpetuate learning gaps for certain groups 
34.17 	of students.
34.18 	(h) "Structural" means relating to the organization and systems of a school that have 
34.19 	been created to manage a school.
34.20 		Subd. 3.Applications and grant awards. The commissioner must determine application 
34.21 	procedures and deadlines, select districts and charter schools to participate in the grant 
34.22 	program, and determine the award amount and payment process of the grants. To the extent 
34.23 	that there are sufficient applications, the commissioner must award an approximately equal 
34.24 	number of grants between districts in greater Minnesota and those in the Twin Cities 
34.25 	metropolitan area. If there are an insufficient number of applications received for either 
34.26 	geographic area, then the commissioner may award grants to meet the requests for funds 
34.27 	wherever a district is located.
34.28 		Subd. 4.Description. The grant program must provide funding that supports collaborative 
34.29 	efforts that close opportunity gaps by:
34.30 	(1) ensuring school environments and curriculum validate, affirm, embrace, and integrate 
34.31 	cultural and community strengths of students, families, and employees from all racial and 
34.32 	ethnic backgrounds; and
35.1 	(2) addressing institutional racism with equitable school policies, structures, practices, 
35.2 	and curricular offerings, consistent with the requirements for long-term plans under section 
35.3 	124D.861, subdivision 2, paragraph (c).
35.4 		Subd. 5.Report. Grant recipients must annually report to the commissioner by a date 
35.5 	and in a form and manner determined by the commissioner on efforts planned and 
35.6 	implemented that engaged students, families, educators, and community members of diverse 
35.7 	racial and ethnic backgrounds in making improvements to school climate and curriculum. 
35.8 	The report must assess the impact of those efforts as perceived by racially and ethnically 
35.9 	diverse stakeholders, and must identify any areas needed for further continuous improvement. 
35.10 	The commissioner must publish a report for the public summarizing the activities of grant 
35.11 	recipients and what was done to promote sharing of effective practices among grant recipients 
35.12 	and potential grant applicants.

35.13 	EFFECTIVE DATE. This section is effective July 1, 2022.

35.14 	Sec. 19. Minnesota Statutes 2020, section 120B.15, is amended to read:
35.15 	120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS AND SERVICES.
35.16 	(a) School districts may identify students, locally develop programs and services
35.17 	addressing instructional and affective needs, provide staff development, and evaluate 
35.18 	programs and services to provide gifted and talented students with challenging and 
35.19 	appropriate educational programs and services.
35.20 	(b) School districts must adopt guidelines for assessing and identifying students for 
35.21 	participation in gifted and talented programs and services consistent with section 120B.11, 
35.22 	subdivision 2, clause (2). The guidelines should include the use of:
35.23 	(1) multiple and objective criteria; and
35.24 	(2) assessments and procedures that are valid and reliable, fair, and based on current 
35.25 	theory and research. Assessments and procedures should must be sensitive and equitable
35.26 	to underrepresented groups, including, but not limited to, low-income students, minority
35.27 	students of color and American Indian students, twice-exceptional students, students with 
35.28 	504 plans, and English learners. Assessments and procedures must be coordinated to allow 
35.29 	for optimal identification of programs or services for underrepresented groups.
35.30 	(c) School districts must adopt procedures for the academic acceleration of gifted and 
35.31 	talented students consistent with section 120B.11, subdivision 2, clause (2). These procedures 
35.32 	must include how the district will:
36.1 	(1) assess a student's readiness and motivation for acceleration; and
36.2 	(2) match the level, complexity, and pace of the curriculum to a student to achieve the 
36.3 	best type of academic acceleration for that student.
36.4 	(d) School districts must adopt procedures consistent with section 124D.02, subdivision 
36.5 	1, for early admission to kindergarten or first grade of gifted and talented learners consistent 
36.6 	with section 120B.11, subdivision 2, clause (2). The procedures must be sensitive to 
36.7 	underrepresented groups.

36.8 	Sec. 20. Minnesota Statutes 2020, section 120B.30, subdivision 1, is amended to read:
36.9 		Subdivision 1.Statewide testing. (a) The commissioner, with advice from experts with 
36.10 	appropriate technical qualifications and experience and stakeholders, consistent with 
36.11 	subdivision 1a, must include in the comprehensive assessment system, for each grade level 
36.12 	to be tested, state-constructed tests developed as computer-adaptive reading and mathematics 
36.13 	assessments for students that are aligned with the state's required academic standards under 
36.14 	section 120B.021, include multiple choice questions, and are administered annually to all 
36.15 	students in grades 3 through 8. State-developed high school tests aligned with the state's 
36.16 	required academic standards under section 120B.021 and administered to all high school 
36.17 	students in a subject other than writing must include multiple choice questions. The 
36.18 	commissioner must establish a testing period as late as possible each school year during 
36.19 	which schools must administer the Minnesota Comprehensive Assessments to students. The 
36.20 	commissioner must publish the testing schedule at least two years before the beginning of 
36.21 	the testing period.
36.22 	(b) The state assessment system must be aligned to the most recent revision of academic 
36.23 	standards as described in section 120B.023 in the following manner:
36.24 	(1) mathematics;
36.25 	(i) grades 3 through 8 beginning in the 2010-2011 school year; and
36.26 	(ii) high school level beginning in the 2013-2014 school year;
36.27 	(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012 
36.28 	school year; and
36.29 	(3) language arts and reading; grades 3 through 8 and high school level beginning in the 
36.30 	2012-2013 school year.
36.31 	(c) For students enrolled in grade 8 in the 2012-2013 school year and later, students' 
36.32 	state graduation requirements, based on a longitudinal, systematic approach to student 
37.1 	education and career planning, assessment, instructional support, and evaluation, include 
37.2 	the following:
37.3 	(1) achievement and career and college readiness in mathematics, reading, and writing, 
37.4 	consistent with paragraph (k) and to the extent available, to monitor students' continuous 
37.5 	development of and growth in requisite knowledge and skills; analyze students' progress 
37.6 	and performance levels, identifying students' academic strengths and diagnosing areas where 
37.7 	students require curriculum or instructional adjustments, targeted interventions, or 
37.8 	remediation; and, based on analysis of students' progress and performance data, determine 
37.9 	students' learning and instructional needs and the instructional tools and best practices that 
37.10 	support academic rigor for the student; and
37.11 	(2) consistent with this paragraph and section 120B.125, age-appropriate exploration 
37.12 	and planning activities and career assessments to encourage students to identify personally 
37.13 	relevant career interests and aptitudes and help students and their families develop a regularly 
37.14 	reexamined transition plan for postsecondary education or employment without need for 
37.15 	postsecondary remediation.
37.16 	Based on appropriate state guidelines, students with an individualized education program 
37.17 	may satisfy state graduation requirements by achieving an individual score on the 
37.18 	state-identified alternative assessments.
37.19 	(d) Expectations of schools, districts, and the state for career or college readiness under 
37.20 	this subdivision must be comparable in rigor, clarity of purpose, and rates of student 
37.21 	completion.
37.22 	A student under paragraph (c), clause (1), must receive targeted, relevant, academically 
37.23 	rigorous, and resourced instruction, which may include a targeted instruction and intervention 
37.24 	plan focused on improving the student's knowledge and skills in core subjects so that the 
37.25 	student has a reasonable chance to succeed in a career or college without need for 
37.26 	postsecondary remediation. Consistent with sections 120B.13, 124D.09, 124D.091, 124D.49, 
37.27 	and related sections, an enrolling school or district must actively encourage a student in 
37.28 	grade 11 or 12 who is identified as academically ready for a career or college to participate 
37.29 	in courses and programs awarding college credit to high school students. Students are not 
37.30 	required to achieve a specified score or level of proficiency on an assessment under this 
37.31 	subdivision to graduate from high school.
37.32 	(e) Though not a high school graduation requirement, students are encouraged to 
37.33 	participate in a nationally recognized college entrance exam. To the extent state funding 
37.34 	for college entrance exam fees is available, a district must pay the cost, one time, for an 
38.1 	interested student in grade 11 or 12 who is eligible for a free or reduced-price meal, to take 
38.2 	a nationally recognized college entrance exam before graduating. A student must be able 
38.3 	to take the exam under this paragraph at the student's high school during the school day and 
38.4 	at any one of the multiple exam administrations available to students in the district. A district 
38.5 	may administer the ACT or SAT or both the ACT and SAT to comply with this paragraph. 
38.6 	If the district administers only one of these two tests and a free or reduced-price meal eligible 
38.7 	student opts not to take that test and chooses instead to take the other of the two tests, the 
38.8 	student may take the other test at a different time or location and remains eligible for the 
38.9 	examination fee reimbursement. Notwithstanding sections 123B.34 to 123B.39, a school 
38.10 	district may require a student that is not eligible for a free or reduced-price meal to pay the 
38.11 	cost of taking a nationally recognized college entrance exam. The district must waive the 
38.12 	cost for a student unable to pay.
38.13 	(f) The commissioner and the chancellor of the Minnesota State Colleges and Universities 
38.14 	must collaborate in aligning instruction and assessments for adult basic education students 
38.15 	and English learners to provide the students with diagnostic information about any targeted 
38.16 	interventions, accommodations, modifications, and supports they need so that assessments 
38.17 	and other performance measures are accessible to them and they may seek postsecondary 
38.18 	education or employment without need for postsecondary remediation. When administering 
38.19 	formative or summative assessments used to measure the academic progress, including the 
38.20 	oral academic development, of English learners and inform their instruction, schools must 
38.21 	ensure that the assessments are accessible to the students and students have the modifications 
38.22 	and supports they need to sufficiently understand the assessments.
38.23 	(g) Districts and schools, on an annual basis, must use career exploration elements to 
38.24 	help students, beginning no later than grade 9, and their families explore and plan for 
38.25 	postsecondary education or careers based on the students' interests, aptitudes, and aspirations. 
38.26 	Districts and schools must use timely regional labor market information and partnerships, 
38.27 	among other resources, to help students and their families successfully develop, pursue, 
38.28 	review, and revise an individualized plan for postsecondary education or a career. This 
38.29 	process must help increase students' engagement in and connection to school, improve 
38.30 	students' knowledge and skills, and deepen students' understanding of career pathways as 
38.31 	a sequence of academic and career courses that lead to an industry-recognized credential, 
38.32 	an associate's degree, or a bachelor's degree and are available to all students, whatever their 
38.33 	interests and career goals.
38.34 	(h) A student who demonstrates attainment of required state academic standards, which 
38.35 	include career and college readiness benchmarks, on high school assessments under 
39.1 	subdivision 1a is academically ready for a career or college and is encouraged to participate 
39.2 	in courses awarding college credit to high school students. Such courses and programs may 
39.3 	include sequential courses of study within broad career areas and technical skill assessments 
39.4 	that extend beyond course grades.
39.5 	(i) As appropriate, students through grade 12 must continue to participate in targeted 
39.6 	instruction, intervention, or remediation and be encouraged to participate in courses awarding 
39.7 	college credit to high school students.
39.8 	(j) In developing, supporting, and improving students' academic readiness for a career 
39.9 	or college, schools, districts, and the state must have a continuum of empirically derived, 
39.10 	clearly defined benchmarks focused on students' attainment of knowledge and skills so that 
39.11 	students, their parents, and teachers know how well students must perform to have a 
39.12 	reasonable chance to succeed in a career or college without need for postsecondary 
39.13 	remediation. The commissioner, in consultation with local school officials and educators, 
39.14 	and Minnesota's public postsecondary institutions must ensure that the foundational 
39.15 	knowledge and skills for students' successful performance in postsecondary employment 
39.16 	or education and an articulated series of possible targeted interventions are clearly identified 
39.17 	and satisfy Minnesota's postsecondary admissions requirements.
39.18 	(k) For students in grade 8 in the 2012-2013 school year and later, a school, district, or 
39.19 	charter school must record on the high school transcript a student's progress toward career 
39.20 	and college readiness, and for other students as soon as practicable.
39.21 	(l) The school board granting students their diplomas may formally decide to include a 
39.22 	notation of high achievement on the high school diplomas of those graduating seniors who, 
39.23 	according to established school board criteria, demonstrate exemplary academic achievement 
39.24 	during high school.
39.25 	(m) The 3rd through 8th grade computer-adaptive assessment results and high school 
39.26 	test results must be available to districts for diagnostic purposes affecting student learning 
39.27 	and district instruction and curriculum, and for establishing educational accountability. The 
39.28 	commissioner, in consultation with the chancellor of the Minnesota State Colleges and 
39.29 	Universities, must establish empirically derived benchmarks on the high school tests that 
39.30 	reveal a trajectory toward career and college readiness consistent with section 136F.302, 
39.31 	subdivision 1a. The commissioner must disseminate to the public the computer-adaptive 
39.32 	assessments and high school test results upon receiving those results.
39.33 	(n) The grades 3 through 8 computer-adaptive assessments and high school tests must 
39.34 	be aligned with state academic standards. The commissioner must determine the testing 
40.1 	process and the order of administration. The statewide results must be aggregated at the site 
40.2 	and district level, consistent with subdivision 1a.
40.3 	(o) The commissioner must include the following components in the statewide public 
40.4 	reporting system:
40.5 	(1) uniform statewide computer-adaptive assessments of all students in grades 3 through 
40.6 	8 and testing at the high school levels that provides appropriate, technically sound 
40.7 	accommodations or alternate assessments;
40.8 	(2) educational indicators that can be aggregated and compared across school districts 
40.9 	and across time on a statewide basis, including average daily consistent attendance, high 
40.10 	school graduation rates, and high school drop-out rates by age and grade level;
40.11 	(3) state results on the American College Test ACT test; and
40.12 	(4) state results from participation in the National Assessment of Educational Progress 
40.13 	so that the state can benchmark its performance against the nation and other states, and, 
40.14 	where possible, against other countries, and contribute to the national effort to monitor 
40.15 	achievement.
40.16 	(p) For purposes of statewide accountability, "career and college ready" means a high 
40.17 	school graduate has the knowledge, skills, and competencies to successfully pursue a career 
40.18 	pathway, including postsecondary credit leading to a degree, diploma, certificate, or 
40.19 	industry-recognized credential and employment. Students who are career and college ready 
40.20 	are able to successfully complete credit-bearing coursework at a two- or four-year college 
40.21 	or university or other credit-bearing postsecondary program without need for remediation.
40.22 	(q) For purposes of statewide accountability, "cultural competence," "cultural 
40.23 	competency," or "culturally competent" means the ability of families and educators to 
40.24 	interact effectively with people of different cultures, native languages, and socioeconomic 
40.25 	backgrounds.

40.26 	Sec. 21. Minnesota Statutes 2020, section 120B.30, subdivision 1a, is amended to read:
40.27 		Subd. 1a.Statewide and local assessments; results. (a) For purposes of this section, 
40.28 	the following definitions have the meanings given them.
40.29 	(1) "Computer-adaptive assessments" means fully adaptive assessments.
40.30 	(2) "Fully adaptive assessments" include test items that are on-grade level and items that 
40.31 	may be above or below a student's grade level.
41.1 	(3) "On-grade level" test items contain subject area content that is aligned to state 
41.2 	academic standards for the grade level of the student taking the assessment.
41.3 	(4) "Above-grade level" test items contain subject area content that is above the grade 
41.4 	level of the student taking the assessment and is considered aligned with state academic 
41.5 	standards to the extent it is aligned with content represented in state academic standards 
41.6 	above the grade level of the student taking the assessment. Notwithstanding the student's 
41.7 	grade level, administering above-grade level test items to a student does not violate the 
41.8 	requirement that state assessments must be aligned with state standards.
41.9 	(5) "Below-grade level" test items contain subject area content that is below the grade 
41.10 	level of the student taking the test and is considered aligned with state academic standards 
41.11 	to the extent it is aligned with content represented in state academic standards below the 
41.12 	student's current grade level. Notwithstanding the student's grade level, administering 
41.13 	below-grade level test items to a student does not violate the requirement that state 
41.14 	assessments must be aligned with state standards.
41.15 	(b) The commissioner must use fully adaptive mathematics and reading assessments for 
41.16 	grades 3 through 8.
41.17 	(c) (a) For purposes of conforming with existing federal educational accountability 
41.18 	requirements, the commissioner must develop and implement computer-adaptive reading 
41.19 	and mathematics assessments for grades 3 through 8, state-developed high school reading 
41.20 	and mathematics tests aligned with state academic standards, a high school writing test 
41.21 	aligned with state standards when it becomes available, and science assessments under 
41.22 	clause (2) that districts and sites must use to monitor student growth toward achieving those 
41.23 	standards. The commissioner must not develop statewide assessments for academic standards 
41.24 	in social studies, health and physical education, and the arts. The commissioner must require:
41.25 	(1) annual computer-adaptive reading and mathematics assessments in grades 3 through 
41.26 	8, and high school reading, writing, and mathematics tests; and
41.27 	(2) annual science assessments in one grade in the grades 3 through 5 span, the grades 
41.28 	6 through 8 span, and a life sciences assessment in the grades 9 through 12 span, and the 
41.29 	commissioner must not require students to achieve a passing score on high school science 
41.30 	assessments as a condition of receiving a high school diploma.
41.31 	(d) (b) The commissioner must ensure that for annual computer-adaptive assessments:
42.1 	(1) individual student performance data and achievement reports are available within 
42.2 	three school days of when students take an assessment except in a year when an assessment 
42.3 	reflects new performance standards;
42.4 	(2) growth information is available for each student from the student's first assessment 
42.5 	to each proximate assessment using a constant measurement scale;
42.6 	(3) parents, teachers, and school administrators are able to use elementary and middle 
42.7 	school student performance data to project students' secondary and postsecondary 
42.8 	achievement; and
42.9 	(4) useful diagnostic information about areas of students' academic strengths and 
42.10 	weaknesses is available to teachers and school administrators for improving student 
42.11 	instruction and indicating the specific skills and concepts that should be introduced and 
42.12 	developed for students at given performance levels, organized by strands within subject 
42.13 	areas, and aligned to state academic standards.
42.14 	(e) (c) The commissioner must ensure that all state tests administered to elementary and 
42.15 	secondary students measure students' academic knowledge and skills and not students' 
42.16 	values, attitudes, and beliefs.
42.17 	(f) (d) Reporting of state assessment results must:
42.18 	(1) provide timely, useful, and understandable information on the performance of 
42.19 	individual students, schools, school districts, and the state;
42.20 	(2) include a growth indicator of student achievement; and
42.21 	(3) determine whether students have met the state's academic standards.
42.22 	(g) (e) Consistent with applicable federal law, the commissioner must include appropriate, 
42.23 	technically sound accommodations or alternative assessments for the very few students with 
42.24 	disabilities for whom statewide assessments are inappropriate and for English learners.
42.25 	(h) (f) A school, school district, and charter school must administer statewide assessments 
42.26 	under this section, as the assessments become available, to evaluate student progress toward 
42.27 	career and college readiness in the context of the state's academic standards. A school, 
42.28 	school district, or charter school may use a student's performance on a statewide assessment 
42.29 	as one of multiple criteria to determine grade promotion or retention. A school, school 
42.30 	district, or charter school may use a high school student's performance on a statewide 
42.31 	assessment as a percentage of the student's final grade in a course, or place a student's 
42.32 	assessment score on the student's transcript.

43.1 	Sec. 22. Minnesota Statutes 2020, section 120B.301, is amended to read:
43.2 	120B.301 LIMITS ON LOCAL TESTING.
43.3 	(a) For students in grades 1 through 6, the cumulative total amount of time spent taking 
43.4 	locally adopted districtwide or schoolwide assessments must not exceed ten hours per school 
43.5 	year. For students in grades 7 through 12, the cumulative total amount of time spent taking 
43.6 	locally adopted districtwide or schoolwide assessments must not exceed 11 hours per school 
43.7 	year. For purposes of this paragraph, international baccalaureate and advanced placement 
43.8 	exams are not considered locally adopted assessments.
43.9 	(b) A district or charter school is exempt from the requirements of paragraph (a), if the 
43.10 	district or charter school, in consultation with the exclusive representative of the teachers 
43.11 	or other teachers if there is no exclusive representative of the teachers, decides to exceed a 
43.12 	time limit in paragraph (a) and includes the information in the report required under section 
43.13 	120B.11, subdivision 5.
43.14 	(c) A district or charter school, before the first day of each school year, must publish on 
43.15 	its website a comprehensive calendar of standardized tests to be administered in the district 
43.16 	or charter school during that school year. The calendar must provide the rationale for 
43.17 	administering each assessment and indicate whether the assessment is a local option or 
43.18 	required by state or federal law. The calendar must be published at least one week prior to 
43.19 	any eligible assessments being administered and no later than October 1.

43.20 	Sec. 23. Minnesota Statutes 2020, section 120B.35, subdivision 3, is amended to read:
43.21 		Subd. 3.State growth target measures; other state measures. (a)(1) The state's 
43.22 	educational assessment system measuring individual students' educational growth is based 
43.23 	on indicators of current achievement growth that show growth from an individual student's 
43.24 	prior achievement. Indicators of achievement and prior achievement must be based on highly 
43.25 	reliable statewide or districtwide assessments. Indicators that take into account a student's 
43.26 	prior achievement must not be used to disregard a school's low achievement or to exclude 
43.27 	a school from a program to improve low-achievement levels.
43.28 	(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and 
43.29 	report, as soon as practicable, separate categories of information using the student categories 
43.30 	identified under the federal Elementary and Secondary Education Act, as most recently 
43.31 	reauthorized, and, in addition to "other" for each race and ethnicity, and the Karen 
43.32 	community, seven of the most populous Asian and Pacific Islander groups, three of the most 
43.33 	populous Native groups, seven of the most populous Hispanic/Latino groups, and five of 
44.1 	the most populous Black and African Heritage groups as determined by the total Minnesota 
44.2 	population based on the most recent American Community Survey;. These groups must be 
44.3 	determined by a ten-year cycle using the American Community Survey of the total Minnesota 
44.4 	population. The determination must be based on the most recent five-year dataset starting 
44.5 	with the 2021-2025 dataset. Additional categories must include English learners under 
44.6 	section 124D.59; home language; free or reduced-price lunch meals; and all students enrolled 
44.7 	in a Minnesota public school who are currently or were previously in foster care, except 
44.8 	that such disaggregation and cross tabulation is not required if the number of students in a 
44.9 	category is insufficient to yield statistically reliable information or the results would reveal 
44.10 	personally identifiable information about an individual student.
44.11 	(b) The commissioner, in consultation with a stakeholder group that includes assessment 
44.12 	and evaluation directors, district staff, experts in culturally responsive teaching, and 
44.13 	researchers, must implement a an appropriate growth model that compares the difference 
44.14 	in students' achievement scores over time, and includes criteria for identifying schools and 
44.15 	school districts that demonstrate academic progress or progress toward English language 
44.16 	proficiency. The model may be used to advance educators' professional development and 
44.17 	replicate programs that succeed in meeting students' diverse learning needs. Data on 
44.18 	individual teachers generated under the model are personnel data under section 13.43. The 
44.19 	model must allow users to:
44.20 	(1) report student growth consistent with this paragraph; and
44.21 	(2) for all student categories, report and compare aggregated and disaggregated state 
44.22 	student growth and, under section 120B.11, subdivision 2, clause (2), student learning and 
44.23 	outcome data using the student categories identified under the federal Elementary and 
44.24 	Secondary Education Act, as most recently reauthorized, and other student categories under 
44.25 	paragraph (a), clause (2).
44.26 	The commissioner must report measures of student growth and, under section 120B.11, 
44.27 	subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph, 
44.28 	including the English language development, academic progress, and oral academic 
44.29 	development of English learners and their native language development if the native language 
44.30 	is used as a language of instruction, and include data on all pupils enrolled in a Minnesota 
44.31 	public school course or program who are currently or were previously counted as an English 
44.32 	learner under section 124D.59.
44.33 	(c) When reporting student performance under section 120B.36, subdivision 1, the 
44.34 	commissioner annually, beginning July 1, 2011, must report two core measures indicating 
45.1 	the extent to which current high school graduates are being prepared for postsecondary 
45.2 	academic and career opportunities:
45.3 	(1) a preparation measure indicating the number and percentage of high school graduates 
45.4 	in the most recent school year who completed course work important to preparing them for 
45.5 	postsecondary academic and career opportunities, consistent with the core academic subjects 
45.6 	required for admission to Minnesota's public colleges and universities as determined by the 
45.7 	Office of Higher Education under chapter 136A; and
45.8 	(2) a rigorous coursework measure indicating the number and percentage of high school 
45.9 	graduates in the most recent school year who successfully completed one or more 
45.10 	college-level advanced placement, international baccalaureate, postsecondary enrollment 
45.11 	options including concurrent enrollment, other rigorous courses of study under section 
45.12 	120B.021, subdivision 1a, or industry certification courses or programs.
45.13 	When reporting the core measures under clauses (1) and (2), the commissioner must also 
45.14 	analyze and report separate categories of information using the student categories identified 
45.15 	under the federal Elementary and Secondary Education Act, as most recently reauthorized, 
45.16 	and other student categories under paragraph (a), clause (2).
45.17 	(d) When reporting student performance under section 120B.36, subdivision 1, the 
45.18 	commissioner annually, beginning July 1, 2014, must report summary data on school safety 
45.19 	and students' engagement and connection at school, consistent with the student categories 
45.20 	identified under paragraph (a), clause (2). The summary data under this paragraph are 
45.21 	separate from and must not be used for any purpose related to measuring or evaluating the 
45.22 	performance of classroom teachers. The commissioner, in consultation with qualified experts 
45.23 	on student engagement and connection and classroom teachers, must identify highly reliable 
45.24 	variables that generate summary data under this paragraph. The summary data may be used 
45.25 	at school, district, and state levels only. Any data on individuals received, collected, or 
45.26 	created that are used to generate the summary data under this paragraph are nonpublic data 
45.27 	under section 13.02, subdivision 9.
45.28 	(e) For purposes of statewide educational accountability, the commissioner must identify 
45.29 	and report measures that demonstrate the success of learning year program providers under 
45.30 	sections 123A.05 and 124D.68, among other such providers, in improving students' 
45.31 	graduation outcomes. The commissioner, beginning July 1, 2015, must annually report 
45.32 	summary data on:
45.33 	(1) the four- and six-year graduation rates of students under this paragraph;
46.1 	(2) the percent of students under this paragraph whose progress and performance levels 
46.2 	are meeting career and college readiness benchmarks under section 120B.30, subdivision 
46.3 	1; and
46.4 	(3) the success that learning year program providers experience in:
46.5 	(i) identifying at-risk and off-track student populations by grade;
46.6 	(ii) providing successful prevention and intervention strategies for at-risk students;
46.7 	(iii) providing successful recuperative and recovery or reenrollment strategies for off-track 
46.8 	students; and
46.9 	(iv) improving the graduation outcomes of at-risk and off-track students.
46.10 	The commissioner may include in the annual report summary data on other education 
46.11 	providers serving a majority of students eligible to participate in a learning year program.
46.12 	(f) The commissioner, in consultation with recognized experts with knowledge and 
46.13 	experience in assessing the language proficiency and academic performance of all English 
46.14 	learners enrolled in a Minnesota public school course or program who are currently or were 
46.15 	previously counted as an English learner under section 124D.59, must identify and report 
46.16 	appropriate and effective measures to improve current categories of language difficulty and 
46.17 	assessments, and monitor and report data on students' English proficiency levels, program 
46.18 	placement, and academic language development, including oral academic language.
46.19 	(g) When reporting four- and six-year graduation rates, the commissioner or school 
46.20 	district must disaggregate the data by student categories according to paragraph (a), clause 
46.21 	(2).
46.22 	(h) A school district must inform parents and guardians that volunteering information 
46.23 	on student categories not required by the most recent reauthorization of the Elementary and 
46.24 	Secondary Education Act is optional and will not violate the privacy of students or their 
46.25 	families, parents, or guardians. The notice must state the purpose for collecting the student 
46.26 	data.

46.27 	EFFECTIVE DATE. This section is effective the day following final enactment. The 
46.28 	next update to the data used to determine the most populous groups must be implemented 
46.29 	in 2026 using the 2021-2025 dataset.

46.30 	Sec. 24. Minnesota Statutes 2020, section 120B.36, subdivision 2, is amended to read:
46.31 		Subd. 2.Student progress and other data. (a) All data the department receives, collects, 
46.32 	or creates under section 120B.11, governing the world's best workforce, or uses to determine 
47.1 	federal expectations under the most recently reauthorized Elementary and Secondary 
47.2 	Education Act, set state growth targets, and determine student growth, learning, and outcomes 
47.3 	under section 120B.35 are nonpublic data under section 13.02, subdivision 9, until the 
47.4 	commissioner publicly releases the data.
47.5 	(b) Districts must provide parents sufficiently detailed summary data to permit parents 
47.6 	to appeal under the most recently reauthorized federal Elementary and Secondary Education 
47.7 	Act. The commissioner shall annually post federal expectations and state student growth, 
47.8 	learning, and outcome data to the department's public website no later than September 1, 
47.9 	except that in years when data or federal expectations reflect new performance standards, 
47.10 	the commissioner shall post data on federal expectations and state student growth data no 
47.11 	later than October 1.

47.12 	Sec. 25. [121A.041] AMERICAN INDIAN MASCOTS PROHIBITED.
47.13 		Subdivision 1.Prohibition. (a) A public school may not have or adopt a name, symbol, 
47.14 	or image that depicts or refers to an American Indian Tribe, individual, custom, or tradition 
47.15 	to be used as a mascot, nickname, logo, letterhead, or team name of the district or school 
47.16 	within the district.
47.17 	(b) A public school may seek an exemption to paragraph (a) by submitting a request in 
47.18 	writing to the Tribal Nations Education Committee and the Indian Affairs Council, which 
47.19 	jointly shall have discretion to grant such an exemption. A public school that has a mascot 
47.20 	prohibited by this section must request an exemption by January 1, 2023.
47.21 		Subd. 2.Definitions. (a) For purposes of this section, the following terms have the 
47.22 	meanings given.
47.23 	(b) "American Indian" means an individual who is:
47.24 	(1) a member of an Indian Tribe or Band, as membership is defined by the Tribe or 
47.25 	Band, including:
47.26 	(i) any Tribe or Band terminated since 1940; and
47.27 	(ii) any Tribe or Band recognized by the state in which the Tribe or Band resides;
47.28 	(2) a descendant, in the first or second degree, of an individual described in clause (1);
47.29 	(3) considered by the Secretary of the Interior to be an Indian for any purpose;
47.30 	(4) an Eskimo, Aleut, or other Alaska Native; or
48.1 	(5) a member of an organized Indian group that received a grant under the Indian 
48.2 	Education Act of 1988 as in effect the day preceding October 20, 1994.
48.3 	(c) "District" means a district under section 120A.05, subdivision 8.
48.4 	(d) "Mascot" means any human, nonhuman animal, or object used to represent a school 
48.5 	and its population.
48.6 	(e) "Public school" or "school" means a public school under section 120A.05, subdivisions 
48.7 	9, 11, 13, and 17, and a charter school under chapter 124E.

48.8 	Sec. 26. [121A.201] MULTI-TIERED SYSTEM OF SUPPORT.
48.9 	The Minnesota Multi-Tiered System of Supports (MnMTSS) is a systemic, continuous 
48.10 	improvement framework for ensuring positive social, emotional, behavioral, developmental, 
48.11 	and academic outcomes for every student. MnMTSS provides access to layered tiers of 
48.12 	culturally and linguistically responsive, evidence-based practices. The MnMTSS framework 
48.13 	relies on the understanding and belief that every student can learn and thrive, and it engages 
48.14 	an anti-racist approach to examining policies and practices and ensuring equitable distribution 
48.15 	of resources and opportunity. This systemic framework requires:
48.16 	(1) design and delivery of culturally and linguistically responsive, effective, 
48.17 	standards-based core instruction in safe, supportive environments inclusive of every student 
48.18 	as a necessary foundation for tiered supports;
48.19 	(2) layered tiers of culturally and linguistically responsive supplemental and intensive 
48.20 	supports to meet each student's needs;
48.21 	(3) developing collective knowledge and experience through engagement in representative 
48.22 	partnerships with students, education professionals, families, and communities;
48.23 	(4) multidisciplinary teams of education professionals that review and use data to prevent 
48.24 	and solve problems, inform instruction and supports, and ensure effective implementation 
48.25 	in partnership with students and families;
48.26 	(5) effective and timely use of meaningful, culturally relevant data disaggregated by 
48.27 	student groups identified in section 121A.031 that includes but is not limited to universal 
48.28 	screening, frequent progress monitoring, implementation fidelity, and multiple qualitative 
48.29 	and quantitative sources; and
48.30 	(6) ongoing professional learning on the MnMTSS systemic framework using anti-racist 
48.31 	approaches to training and coaching.

49.1 	Sec. 27. Minnesota Statutes 2020, section 121A.41, subdivision 2, is amended to read:
49.2 		Subd. 2.Dismissal. "Dismissal" means the denial of the current educational program to 
49.3 	any pupil, including exclusion, expulsion, and out-of-school suspension. ItDismissal does 
49.4 	not include removal from class.

49.5 	Sec. 28. Minnesota Statutes 2020, section 121A.41, subdivision 10, is amended to read:
49.6 		Subd. 10.In-school suspension; out-of-school suspension. (a) "In-school suspension" 
49.7 	means an instance in which a pupil is temporarily removed from the pupil's regular classroom 
49.8 	for at least half a day for disciplinary purposes, but remains under the direct supervision of 
49.9 	school personnel. For purposes of this paragraph, "direct supervision" means school personnel 
49.10 	are physically in the same location as students under supervision.
49.11 	(b) "Out-of-school suspension" means an action by the school administration, under 
49.12 	rules promulgated by the school board, prohibiting a pupil from attending school for a period 
49.13 	of no more than ten school days. If a suspension is longer than five days, the suspending 
49.14 	administrator must provide the superintendent with a reason for the longer suspension. This 
49.15 	definition does not apply to dismissal from school for one school day or less than one school 
49.16 	day, except as provided in federal law for a student with a disability. Each suspension action 
49.17 	may include a readmission plan. The readmission plan shall include, where appropriate, a 
49.18 	provision for implementing alternative educational services upon readmission and may not 
49.19 	be used to extend the current suspension. Consistent with section 125A.091, subdivision 5, 
49.20 	the readmission plan must not obligate a parent to provide a sympathomimetic medication 
49.21 	for the parent's child as a condition of readmission. The school administration may not 
49.22 	impose consecutive suspensions against the same pupil for the same course of conduct, or 
49.23 	incident of misconduct, except where the pupil will create an immediate and substantial 
49.24 	danger to self or to surrounding persons or property, or where the district is in the process 
49.25 	of initiating an expulsion, in which case the school administration may extend the suspension 
49.26 	to a total of 15 school days.

49.27 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

49.28 	Sec. 29. Minnesota Statutes 2020, section 121A.41, is amended by adding a subdivision 
49.29 	to read:
49.30 		Subd. 12.Nonexclusionary disciplinary policies and practices; alternatives to pupil 
49.31 	removal and dismissal. "Nonexclusionary disciplinary policies and practices" means 
49.32 	policies and practices that are alternatives to removing a pupil from class or dismissing a 
49.33 	pupil from school, including evidence-based positive behavior interventions and supports, 
50.1 	social and emotional services, school-linked mental health services, counseling services, 
50.2 	social work services, referrals for special education or 504 evaluations, academic screening 
50.3 	for Title 1 services or reading interventions, and alternative education services. 
50.4 	Nonexclusionary disciplinary policies and practices require school officials to intervene in, 
50.5 	redirect, and support a pupil's behavior before removing a pupil from class or beginning 
50.6 	dismissal proceedings. Nonexclusionary disciplinary policies and practices include but are 
50.7 	not limited to the policies and practices under sections 120B.12; 121A.575, clauses (1) and 
50.8 	(2); 121A.031, subdivision 4, paragraph (a), clause (1); 121A.61, subdivision 3, paragraph 
50.9 	(r); and 122A.627, clause (3).

50.10 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

50.11 	Sec. 30. Minnesota Statutes 2020, section 121A.41, is amended by adding a subdivision 
50.12 	to read:
50.13 		Subd. 13.Pupil withdrawal agreement. "Pupil withdrawal agreement" means a verbal 
50.14 	or written agreement between a school administrator or district administrator and a pupil's 
50.15 	parent to withdraw a student from the school district to avoid expulsion or exclusion dismissal 
50.16 	proceedings. The duration of the withdrawal agreement cannot be for more than a 12-month 
50.17 	period.

50.18 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

50.19 	Sec. 31. Minnesota Statutes 2020, section 121A.425, is amended to read:
50.20 	121A.425 FULL AND EQUITABLE PARTICIPATION IN PRESCHOOL AND 
50.21 	PREKINDERGARTEN EARLY LEARNING.
50.22 		Subdivision 1.Disciplinary dismissals prohibited. (a) A pupil enrolled in the following 
50.23 	is not subject to dismissals under this chapter:
50.24 	(1) a preschool or prekindergarten program, including a child participating in early 
50.25 	childhood family education, school readiness, school readiness plus, voluntary 
50.26 	prekindergarten, Head Start, or other school-based preschool or prekindergarten program, 
50.27 	may not be subject to dismissals under this chapter.; or
50.28 	(2) kindergarten through grade 3.
50.29 	(b) Notwithstanding this subdivision, expulsions and exclusions may be used only after 
50.30 	resources outlined in subdivision 2 have been exhausted, and only in circumstances where 
50.31 	there is an ongoing serious safety threat to the child or others.
51.1 		Subd. 2.Nonexclusionary discipline. For purposes of this section, nonexclusionary 
51.2 	discipline must include at least one of the following:
51.3 	(1) collaborating with the pupil's family or guardian, child mental health consultant or 
51.4 	provider, education specialist, or other community-based support;
51.5 	(2) creating a plan, written with the parent or guardian, that details the action and support 
51.6 	needed for the pupil to fully participate in the current educational program, including a 
51.7 	preschool or prekindergarten program; or
51.8 	(3) providing a referral for needed support services, including parenting education, home 
51.9 	visits, other supportive education interventions, or, where appropriate, an evaluation to 
51.10 	determine if the pupil is eligible for special education services or section 504 services.

51.11 	EFFECTIVE DATE. This section is effective July 1, 2022.

51.12 	Sec. 32. Minnesota Statutes 2020, section 121A.45, subdivision 1, is amended to read:
51.13 		Subdivision 1.Provision of alternative programs. No school shall dismiss any pupil 
51.14 	without attempting to provide alternative educational services use nonexclusionary 
51.15 	disciplinary policies and practices before dismissal proceedings or pupil withdrawal 
51.16 	agreements, except where it appears that the pupil will create an immediate and substantial 
51.17 	danger to self or to surrounding persons or property.

51.18 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

51.19 	Sec. 33. Minnesota Statutes 2020, section 121A.46, subdivision 4, is amended to read:
51.20 		Subd. 4.Provision of alternative education services; suspension pending expulsion 
51.21 	or exclusion hearing. (a) Alternative education services must be provided to a pupil who 
51.22 	is suspended for more than five consecutive school days.
51.23 	(b) Notwithstanding the provisions of subdivisions 1 and 3, the pupil may be suspended 
51.24 	pending the school board's decision in the expulsion or exclusion hearing; provided that 
51.25 	alternative educational services are implemented to the extent that suspension exceeds five 
51.26 	consecutive school days.

51.27 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

52.1 	Sec. 34. Minnesota Statutes 2020, section 121A.46, is amended by adding a subdivision 
52.2 	to read:
52.3 		Subd. 5.Minimum education services. School administration must allow a suspended 
52.4 	pupil the opportunity to complete all school work assigned during the period of the pupil's 
52.5 	suspension and to receive full credit for satisfactorily completing the assignments. The 
52.6 	school principal or other person having administrative control of the school building or 
52.7 	program is encouraged to designate a district or school employee as a liaison to work with 
52.8 	the pupil's teachers to allow the suspended pupil to (1) receive timely course materials and 
52.9 	other information, and (2) complete daily and weekly assignments and receive teachers' 
52.10 	feedback.

52.11 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

52.12 	Sec. 35. Minnesota Statutes 2020, section 121A.47, subdivision 2, is amended to read:
52.13 		Subd. 2.Written notice. Written notice of intent to take action shall:
52.14 	(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;
52.15 	(b) contain a complete statement of the facts, a list of the witnesses and a description of 
52.16 	their testimony;
52.17 	(c) state the date, time, and place of the hearing;
52.18 	(d) be accompanied by a copy of sections 121A.40 to 121A.56;
52.19 	(e) describe alternative educational services the nonexclusionary disciplinary practices
52.20 	accorded the pupil in an attempt to avoid the expulsion proceedings; and
52.21 	(f) inform the pupil and parent or guardian of the right to:
52.22 	(1) have a representative of the pupil's own choosing, including legal counsel, at the 
52.23 	hearing. The district shall must advise the pupil's parent or guardian that free or low-cost 
52.24 	legal assistance may be available and that a legal assistance resource list is available from 
52.25 	the Department of Education and is posted on their website;
52.26 	(2) examine the pupil's records before the hearing;
52.27 	(3) present evidence; and
52.28 	(4) confront and cross-examine witnesses.

52.29 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

53.1 	Sec. 36. Minnesota Statutes 2020, section 121A.47, subdivision 14, is amended to read:
53.2 		Subd. 14.Admission or readmission plan. (a) A school administrator shall must prepare 
53.3 	and enforce an admission or readmission plan for any pupil who is excluded or expelled 
53.4 	from school. The plan may must include measures to improve the pupil's behavior, including
53.5 	which may include completing a character education program, consistent with section 
53.6 	120B.232, subdivision 1, andsocial and emotional learning, counseling, social work services, 
53.7 	mental health services, referrals for special education or 504 evaluation, and evidence-based 
53.8 	academic interventions. The plan must require parental involvement in the admission or 
53.9 	readmission process, and may indicate the consequences to the pupil of not improving the 
53.10 	pupil's behavior.
53.11 	(b) The definition of suspension under section 121A.41, subdivision 10, does not apply 
53.12 	to a student's dismissal from school for one school day or less than one school day, except 
53.13 	as provided under federal law for a student with a disability. Each suspension action may 
53.14 	include a readmission plan. A readmission plan must provide, where appropriate, alternative 
53.15 	education services, which must not be used to extend the student's current suspension period. 
53.16 	Consistent with section 125A.091, subdivision 5, a readmission plan must not obligate a 
53.17 	parent or guardian to provide psychotropic drugs to their student as a condition of 
53.18 	readmission. School officials must not use the refusal of a parent or guardian to consent to 
53.19 	the administration of psychotropic drugs to their student or to consent to a psychiatric 
53.20 	evaluation, screening or examination of the student as a ground, by itself, to prohibit the 
53.21 	student from attending class or participating in a school-related activity, or as a basis of a 
53.22 	charge of child abuse, child neglect or medical or educational neglect.

53.23 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

53.24 	Sec. 37. Minnesota Statutes 2020, section 121A.53, subdivision 1, is amended to read:
53.25 		Subdivision 1.Exclusions and expulsions; student withdrawals; physical 
53.26 	assaults. Consistent with subdivision 2, the school board must report through the department 
53.27 	electronic reporting system each exclusion or expulsion and, each physical assault of a 
53.28 	district employee by a student pupil, and each pupil withdrawal agreement within 30 days 
53.29 	of the effective date of the dismissal action, pupil withdrawal, or assault, to the commissioner 
53.30 	of education. This report must include a statement of alternative educational services
53.31 	nonexclusionary disciplinary practices, or other sanction, intervention, or resolution in 
53.32 	response to the assault given the pupil and the reason for, the effective date, and the duration 
53.33 	of the exclusion or expulsion or other sanction, intervention, or resolution. The report must 
53.34 	also include the student's pupil's age, grade, gender, race, and special education status.

54.1 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

54.2 	Sec. 38. Minnesota Statutes 2020, section 121A.55, is amended to read:
54.3 	121A.55 POLICIES TO BE ESTABLISHED.
54.4 	(a) The commissioner of education shall must promulgate guidelines to assist each school 
54.5 	board. Each school board shall must establish uniform criteria for dismissal and adopt written 
54.6 	policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies 
54.7 	shall must include nonexclusionary disciplinary policies and practices consistent with section 
54.8 	121A.41, subdivision 12, and must emphasize preventing dismissals through early detection 
54.9 	of problems and shall. The policies must be designed to address students' inappropriate 
54.10 	behavior from recurring.
54.11 	(b) The policies shall must recognize the continuing responsibility of the school for the 
54.12 	education of the pupil during the dismissal period.
54.13 	(c) The school is responsible for ensuring that alternative educational services, if the 
54.14 	pupil wishes to take advantage of them, must be adequate to allow the pupil to make progress 
54.15 	towards toward meeting the graduation standards adopted under section 120B.02 and help 
54.16 	prepare the pupil for readmission in accordance with section 121A.46, subdivision 5.
54.17 	(d) For expulsion and exclusion dismissals and pupil withdrawal agreements as defined 
54.18 	in section 121A.41, subdivision 13:
54.19 	(1) a school district's continuing responsibility includes reviewing the pupil's school 
54.20 	work and grades on a quarterly basis to ensure the pupil is on track for readmission with 
54.21 	the pupil's peers. School districts must communicate on a regular basis with the pupil's 
54.22 	parent or guardian to ensure the pupil is completing the work assigned through the alternative 
54.23 	educational services;
54.24 	(2) a pupil receiving school-based or school-linked mental health services in the district 
54.25 	under section 245.4889 continues to be eligible for those services until the pupil is enrolled 
54.26 	in a new district; and
54.27 	(3) a school district must provide to the pupil's parent or guardian information on 
54.28 	accessing mental health services, including any free or sliding fee providers in the 
54.29 	community. The information must also be posted on the district or charter school website.
54.30 	(b) (e) An area learning center under section 123A.05 may not prohibit an expelled or 
54.31 	excluded pupil from enrolling solely because a district expelled or excluded the pupil. The 
55.1 	board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to 
55.2 	exclude a pupil or to require an admission plan.
55.3 	(c) (f) Each school district shall develop a policy and report it to the commissioner on 
55.4 	the appropriate use of peace officers and crisis teams to remove students who have an 
55.5 	individualized education program from school grounds.

55.6 	EFFECTIVE DATE.  This section is effective for the 2022-2023 school year and later.

55.7 	Sec. 39. Minnesota Statutes 2020, section 121A.61, subdivision 1, is amended to read:
55.8 		Subdivision 1.Required policy. Each school board must adopt a written districtwide 
55.9 	school discipline policy which includes written rules of conduct for students, minimum 
55.10 	consequences for violations of the rules, and grounds and procedures for removal of a student 
55.11 	from class. The policy must contain the discipline complaint procedure that any member 
55.12 	of the school community may use to file a complaint regarding the application of discipline 
55.13 	policies and seek corrective action. The policy must be developed in consultation with 
55.14 	administrators, teachers, employees, pupils, parents, community members, law enforcement 
55.15 	agencies, county attorney offices, social service agencies, and such other individuals or 
55.16 	organizations as the board determines appropriate. A school site council may adopt additional 
55.17 	provisions to the policy subject to the approval of the school board.

55.18 	Sec. 40. Minnesota Statutes 2020, section 121A.61, subdivision 3, is amended to read:
55.19 		Subd. 3.Policy components. The policy must include at least the following components:
55.20 	(a) rules governing student conduct and procedures for informing students of the rules;
55.21 	(b) the grounds for removal of a student from a class;
55.22 	(c) the authority of the classroom teacher to remove students from the classroom pursuant 
55.23 	to procedures and rules established in the district's policy;
55.24 	(d) the procedures for removal of a student from a class by a teacher, school administrator, 
55.25 	or other school district employee;
55.26 	(e) the period of time for which a student may be removed from a class, which may not 
55.27 	exceed five class periods for a violation of a rule of conduct;
55.28 	(f) provisions relating to the responsibility for and custody of a student removed from 
55.29 	a class;
55.30 	(g) the procedures for return of a student to the specified class from which the student 
55.31 	has been removed;
56.1 	(h) the procedures for notifying a student and the student's parents or guardian of 
56.2 	violations of the rules of conduct and of resulting disciplinary actions;
56.3 	(i) any procedures determined appropriate for encouraging early involvement of parents 
56.4 	or guardians in attempts to improve a student's behavior;
56.5 	(j) any procedures determined appropriate for encouraging early detection of behavioral 
56.6 	problems;
56.7 	(k) any procedures determined appropriate for referring a student in need of special 
56.8 	education services to those services;
56.9 	(l) any procedures determined appropriate for ensuring victims of bullying who respond 
56.10 	with behavior not allowed under the school's behavior policies have access to a remedial 
56.11 	response, consistent with section 121A.031;
56.12 	(l) (m) the procedures for consideration of whether there is a need for a further assessment 
56.13 	or of whether there is a need for a review of the adequacy of a current individualized 
56.14 	education program of a student with a disability who is removed from class;
56.15 	(m) (n) procedures for detecting and addressing chemical abuse problems of a student 
56.16 	while on the school premises;
56.17 	(n) (o) the minimum consequences for violations of the code of conduct;
56.18 	(o) (p) procedures for immediate and appropriate interventions tied to violations of the 
56.19 	code;
56.20 	(p) (q) a provision that states that a teacher, school employee, school bus driver, or other 
56.21 	agent of a district may use reasonable force in compliance with section 121A.582 and other 
56.22 	laws;
56.23 	(q) (r) an agreement regarding procedures to coordinate crisis services to the extent funds 
56.24 	are available with the county board responsible for implementing sections 245.487 to 
56.25 	245.4889 for students with a serious emotional disturbance or other students who have an 
56.26 	individualized education program whose behavior may be addressed by crisis intervention; 
56.27 	and
56.28 	(r) (s) a provision that states a student must be removed from class immediately if the 
56.29 	student engages in assault or violent behavior. For purposes of this paragraph, "assault" has 
56.30 	the meaning given it in section 609.02, subdivision 10. The removal shall be for a period 
56.31 	of time deemed appropriate by the principal, in consultation with the teacher.;
57.1 	(t) a prohibition on the use of exclusionary practices for early learners as defined in 
57.2 	section 121A.425; and
57.3 	(u) a prohibition on the use of exclusionary practices to address attendance and truancy 
57.4 	issues.

57.5 	Sec. 41. Minnesota Statutes 2020, section 121A.61, is amended by adding a subdivision 
57.6 	to read:
57.7 		Subd. 4.Discipline complaint procedure. The discipline policy must contain procedures 
57.8 	for students, parents and other guardians, and school staff to file a complaint and seek 
57.9 	corrective action when the requirements of sections 121A.40 to 121A.61, including the 
57.10 	implementation of the local behavior and discipline policies, are not being implemented 
57.11 	appropriately or are being discriminately applied. Each district and school policy implemented 
57.12 	under this section must, at a minimum:
57.13 	(1) provide procedures for communicating this policy including the ability for a parent 
57.14 	to appeal a decision under section 121A.49 that contains explicit instructions for filing the 
57.15 	complaint;
57.16 	(2) provide an opportunity for involved parties to submit additional information related 
57.17 	to the complaint;
57.18 	(3) provide a procedure to begin to investigate complaints within three school days of 
57.19 	receipt, and identify personnel who will manage the investigation and any resulting record 
57.20 	and are responsible for keeping and regulating access to any record;
57.21 	(4) provide procedures for issuing a written determination to the complainant that 
57.22 	addresses each allegation and contains findings and conclusions;
57.23 	(5) if the investigation finds the requirements of sections 121A.40 to 121A.61, including 
57.24 	any local policies that were not implemented appropriately, contain procedures that require 
57.25 	a corrective action plan to correct a student's record and provide relevant staff with training, 
57.26 	coaching, or other accountability practices to ensure appropriate compliance with policies 
57.27 	in the future; and
57.28 	(6) prohibit reprisals or retaliation against any person who asserts, alleges, or reports a 
57.29 	complaint, and provide procedures for applying appropriate consequences for a person who 
57.30 	engages in reprisal or retaliation.

58.1 	Sec. 42. [121A.611] RECESS.
58.2 	A teacher, school employee, or other agent of a district or charter school must not exclude 
58.3 	a student in elementary school from participation in recess to punish or otherwise discipline 
58.4 	the student.

58.5 	EFFECTIVE DATE. This section is effective July 1, 2022.

58.6 	Sec. 43. Minnesota Statutes 2020, section 124D.09, subdivision 3, is amended to read:
58.7 		Subd. 3.Definitions. For purposes of this section, the following terms have the meanings 
58.8 	given to them.
58.9 	(a) "Eligible institution" means a Minnesota public postsecondary institution, a private, 
58.10 	nonprofit two-year trade and technical school granting associate degrees, an opportunities 
58.11 	industrialization center accredited by an accreditor recognized by the United States 
58.12 	Department of Education, or a private, residential, two-year or four-year, liberal arts, 
58.13 	degree-granting college or university located in Minnesota. An eligible institution cannot 
58.14 	require a faith statement during the application process or base any part of the admission 
58.15 	decision on a student's race, creed, ethnicity, disability, gender, or sexual orientation or 
58.16 	religious beliefs or affiliations.
58.17 	(b) "Course" means a course or program.
58.18 	(c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under 
58.19 	subdivision 5 or 5b enrolls to earn both secondary and postsecondary credits, are taught by 
58.20 	a secondary teacher or a postsecondary faculty member, and are offered at a high school 
58.21 	for which the district is eligible to receive concurrent enrollment program aid under section 
58.22 	124D.091.

58.23 	Sec. 44. Minnesota Statutes 2020, section 124D.09, subdivision 9, is amended to read:
58.24 		Subd. 9.Enrollment priority. (a) A postsecondary institution must give priority to its 
58.25 	postsecondary students when enrolling pupils in grades 10, 11, and 12 in its courses. A 
58.26 	postsecondary institution may provide information about its programs to a secondary school 
58.27 	or to a pupil or parent and it may advertise or otherwise recruit or solicit a secondary pupil 
58.28 	to enroll in its programs on educational and programmatic grounds only except, 
58.29 	notwithstanding other law to the contrary, and for the 2014-2015 through 2019-2020 school 
58.30 	years only, an eligible postsecondary institution may advertise or otherwise recruit or solicit 
58.31 	a secondary pupil residing in a school district with 700 students or more in grades 10, 11, 
58.32 	and 12, to enroll in its programs on educational, programmatic, or financial grounds.
59.1 	(b) An institution must not enroll secondary pupils, for postsecondary enrollment options 
59.2 	purposes, in remedial, developmental, or other courses that are not college level except 
59.3 	when a student eligible to participate and enrolled in the graduation incentives program 
59.4 	under section 124D.68 enrolls full time in a middle or early college program. A middle or 
59.5 	early college program must be specifically designed to allow the student to earn dual high 
59.6 	school and college credit with a well-defined pathway to allow the student to earn a 
59.7 	postsecondary degree or credential. In this case, the student must receive developmental 
59.8 	college credit and not college credit for completing remedial or developmental courses.
59.9 	(c) Once a pupil has been enrolled in any postsecondary course under this section, the 
59.10 	pupil must not be displaced by another student.
59.11 	(d) If a postsecondary institution enrolls a secondary school pupil in a course under this 
59.12 	section, the postsecondary institution also must enroll in the same course an otherwise 
59.13 	enrolled and qualified postsecondary student who qualifies as a veteran under section 
59.14 	197.447, and demonstrates to the postsecondary institution's satisfaction that the institution's 
59.15 	established enrollment timelines were not practicable for that student.
59.16 	(e) A postsecondary institution must allow secondary pupils to enroll in online courses 
59.17 	under this section consistent with the institution's policy regarding postsecondary pupil 
59.18 	enrollment in online courses.

59.19 	Sec. 45. Minnesota Statutes 2020, section 124D.09, subdivision 10, is amended to read:
59.20 		Subd. 10.Courses according to agreements. (a) An eligible pupil, according to 
59.21 	subdivision 5, may enroll in a nonsectarian course taught by a secondary teacher or a 
59.22 	postsecondary faculty member and offered at a secondary school, or another location, 
59.23 	according to an agreement between a public school board and the governing body of an 
59.24 	eligible public postsecondary system or an eligible private postsecondary institution, as 
59.25 	defined in subdivision 3. All provisions of this section apply to a pupil, public school board, 
59.26 	district, and the governing body of a postsecondary institution, except as otherwise provided.
59.27 	A secondary school or a postsecondary institution that enrolls eligible pupils in courses 
59.28 	according to agreements must annually report to the commissioner the participation rates 
59.29 	of pupils enrolled in courses according to agreements, including the number of pupils 
59.30 	enrolled and the number of courses taken for postsecondary credit.
59.31 	(b) To encourage students, especially American Indian students and students of color, 
59.32 	to consider teaching as a profession, participating schools, school districts, and postsecondary 
59.33 	institutions are encouraged to develop and offer an "Introduction to Teaching" or 
59.34 	"Introduction to Education" course under this subdivision. For the purpose of applying for 
60.1 	grants under this paragraph, "eligible institution" includes schools and districts that partner 
60.2 	with an accredited college or university in addition to postsecondary institutions identified 
60.3 	in subdivision 3, paragraph (a). Grant recipients under this paragraph must annually report 
60.4 	to the commissioner in a form and manner determined by the commissioner on the 
60.5 	participation rates of students in courses under this paragraph, including the number of 
60.6 	students who apply for admission to colleges or universities with teacher preparation 
60.7 	programs and the number of students of color and American Indian students who earned 
60.8 	postsecondary credit. Grant recipients must also describe recruiting efforts intended to 
60.9 	ensure that the percentage of participating students who are of color or American Indian 
60.10 	meets or exceeds the overall percentage of students of color or American Indian students 
60.11 	in the school.

60.12 	Sec. 46. Minnesota Statutes 2020, section 124D.09, subdivision 12, is amended to read:
60.13 		Subd. 12.Credits; grade point average weighting policy. (a) A pupil must not audit 
60.14 	a course under this section.
60.15 	(b) A district shall grant academic credit to a pupil enrolled in a course for secondary 
60.16 	credit if the pupil successfully completes the course. Seven quarter or four semester college 
60.17 	credits equal at least one full year of high school credit. Fewer college credits may be 
60.18 	prorated. A district must also grant academic credit to a pupil enrolled in a course for 
60.19 	postsecondary credit if secondary credit is requested by a pupil. If no comparable course is 
60.20 	offered by the district, the district must, as soon as possible, notify the commissioner, who 
60.21 	shall determine the number of credits that shall be granted to a pupil who successfully 
60.22 	completes a course. If a comparable course is offered by the district, the school board shall 
60.23 	grant a comparable number of credits to the pupil. If there is a dispute between the district 
60.24 	and the pupil regarding the number of credits granted for a particular course, the pupil may 
60.25 	appeal the board's decision to the commissioner. The commissioner's decision regarding 
60.26 	the number of credits shall be final.
60.27 	(c) A school board must adopt a policy regarding weighted grade point averages for any 
60.28 	high school or dual enrollment course. A school board must adopt an identical policy 
60.29 	regarding weighted grade point averages for credits earned via postsecondary coursework 
60.30 	as it gives to credits earned via concurrent enrollment coursework. The policy must state 
60.31 	whether the district offers weighted grades. A school board must annually publish on its 
60.32 	website a list of courses for which a student may earn a weighted grade.
60.33 	(d) The secondary credits granted to a pupil must be counted toward the graduation 
60.34 	requirements and subject area requirements of the district. Evidence of successful completion 
61.1 	of each course and secondary credits granted must be included in the pupil's secondary 
61.2 	school record. A pupil shall provide the school with a copy of the pupil's grade in each 
61.3 	course taken for secondary credit under this section. Upon the request of a pupil, the pupil's 
61.4 	secondary school record must also include evidence of successful completion and credits 
61.5 	granted for a course taken for postsecondary credit. In either case, the record must indicate 
61.6 	that the credits were earned at a postsecondary institution.
61.7 	(e) If a pupil enrolls in a postsecondary institution after leaving secondary school, the 
61.8 	postsecondary institution must award postsecondary credit for any course successfully 
61.9 	completed for secondary credit at that institution. Other postsecondary institutions may 
61.10 	award, after a pupil leaves secondary school, postsecondary credit for any courses 
61.11 	successfully completed under this section. An institution may not charge a pupil for the 
61.12 	award of credit.
61.13 	(f) The Board of Trustees of the Minnesota State Colleges and Universities and the 
61.14 	Board of Regents of the University of Minnesota must, and private nonprofit and proprietary 
61.15 	postsecondary institutions should, award postsecondary credit for any successfully completed 
61.16 	courses in a program certified by the National Alliance of Concurrent Enrollment Partnerships 
61.17 	offered according to an agreement under subdivision 10. Consistent with section 135A.101, 
61.18 	subdivision 3, all MnSCU institutions must give full credit to a secondary pupil who 
61.19 	completes for postsecondary credit a postsecondary course or program that is part or all of 
61.20 	a goal area or a transfer curriculum at a MnSCU institution when the pupil enrolls in a 
61.21 	MnSCU institution after leaving secondary school. Once one MnSCU institution certifies 
61.22 	as completed a secondary student's postsecondary course or program that is part or all of a 
61.23 	goal area or a transfer curriculum, every MnSCU institution must consider the student's 
61.24 	course or program for that goal area or the transfer curriculum as completed.

61.25 	Sec. 47. Minnesota Statutes 2020, section 124D.09, subdivision 13, is amended to read:
61.26 		Subd. 13.Financial arrangements. For a pupil enrolled in a course under this section, 
61.27 	the department must make payments according to this subdivision for courses that were 
61.28 	taken for secondary credit.
61.29 	The department must not make payments to a school district or postsecondary institution 
61.30 	for a course taken for postsecondary credit only. The department must not make payments 
61.31 	to a postsecondary institution for a course from which a student officially withdraws during 
61.32 	the first 14 ten business days of the postsecondary institution's quarter or semester or who 
61.33 	has been absent from the postsecondary institution for the first 15 consecutive school ten 
62.1 	business days of the postsecondary institution's quarter or semester and is not receiving 
62.2 	instruction in the home or hospital.
62.3 	A postsecondary institution shall receive the following:
62.4 	(1) for an institution granting quarter credit, the reimbursement per credit hour shall be 
62.5 	an amount equal to 88 percent of the product of the formula allowance minus $425, multiplied 
62.6 	by 1.2, and divided by 45; or
62.7 	(2) for an institution granting semester credit, the reimbursement per credit hour shall 
62.8 	be an amount equal to 88 percent of the product of the general revenue formula allowance 
62.9 	minus $425, multiplied by 1.2, and divided by 30.
62.10 	The department must pay to each postsecondary institution 100 percent of the amount 
62.11 	in clause (1) or (2) within 45 days of receiving initial enrollment information each quarter 
62.12 	or semester. If changes in enrollment occur during a quarter or semester, the change shall 
62.13 	be reported by the postsecondary institution at the time the enrollment information for the 
62.14 	succeeding quarter or semester is submitted. At any time the department notifies a 
62.15 	postsecondary institution that an overpayment has been made, the institution shall promptly 
62.16 	remit the amount due.

62.17 	Sec. 48. Minnesota Statutes 2020, section 124D.128, subdivision 1, is amended to read:
62.18 		Subdivision 1.Program established. A learning year program provides instruction 
62.19 	throughout the year on an extended year calendar, extended school day calendar, or both. 
62.20 	A pupil may participate in the program and accelerate attainment of grade level requirements 
62.21 	or graduation requirements. A learning year program may begin after the close of the regular 
62.22 	school year in June. The program may be for students in one or more grade levels from 
62.23 	kindergarten through grade 12.

62.24 	Sec. 49. Minnesota Statutes 2020, section 124D.74, subdivision 1, is amended to read:
62.25 		Subdivision 1.Program described. American Indian education programs are programs 
62.26 	in public elementary and secondary schools, nonsectarian nonpublic, community, Tribal, 
62.27 	charter, or alternative schools enrolling American Indian children designed to:
62.28 	(1) support postsecondary preparation for American Indian pupils;
62.29 	(2) support the academic achievement of American Indian students pupils;
62.30 	(3) make the curriculum relevant to the needs, interests, and cultural heritage of American 
62.31 	Indian pupils;
63.1 	(4) provide positive reinforcement of the self-image of American Indian pupils;
63.2 	(5) develop intercultural awareness among pupils, parents, and staff; and
63.3 	(6) supplement, not supplant, state and federal educational and cocurricular programs.
63.4 	Program services designed to increase completion and graduation rates of American Indian 
63.5 	students must emphasize academic achievement, retention, and attendance; development 
63.6 	of support services for staff, including in-service training and technical assistance in methods 
63.7 	of teaching American Indian pupils; research projects, including innovative teaching 
63.8 	approaches and evaluation of methods of relating to American Indian pupils; provision of 
63.9 	career counseling to American Indian pupils; modification of curriculum, instructional 
63.10 	methods, and administrative procedures to meet the needs of American Indian pupils; and 
63.11 	supplemental instruction in American Indian language, literature, history, and culture. 
63.12 	Districts offering programs may make contracts for the provision of program services by 
63.13 	establishing cooperative liaisons with Tribal programs and American Indian social service 
63.14 	agencies. These programs may also be provided as components of early childhood and 
63.15 	family education programs.

63.16 	Sec. 50. Minnesota Statutes 2020, section 124D.74, subdivision 3, is amended to read:
63.17 		Subd. 3.Enrollment of other children; shared time enrollment. To the extent it is 
63.18 	economically feasible, a district or participating school may make provision for the voluntary 
63.19 	enrollment of non-American Indian children in the instructional components of an American 
63.20 	Indian education program in order that they may acquire an understanding of the cultural 
63.21 	heritage of the American Indian children for whom that particular program is designed. 
63.22 	However, in determining eligibility to participate in a program, priority must be given to 
63.23 	American Indian children. American Indian children and other children enrolled in an 
63.24 	existing nonpublic school system may be enrolled on a shared time basis in American Indian 
63.25 	education programs.

63.26 	Sec. 51. Minnesota Statutes 2020, section 124D.74, subdivision 4, is amended to read:
63.27 		Subd. 4.Location of programs. American Indian education programs must be located 
63.28 	in facilities educational settings in which regular classes in a variety of subjects are offered 
63.29 	on a daily basis, including district schools, charter schools, and Tribal contract schools that 
63.30 	offer virtual learning environments. Programs may operate on an extended day or extended 
63.31 	year basis.

64.1 	Sec. 52. Minnesota Statutes 2020, section 124D.74, is amended by adding a subdivision 
64.2 	to read:
64.3 		Subd. 7.American Indian culture and language classes. Any district or participating 
64.4 	school that conducts American Indian education programs pursuant to sections 124D.71 to 
64.5 	124D.82 and serves 100 or more state-identified American Indian students enrolled in the 
64.6 	district must provide American Indian culture and language classes.

64.7 	Sec. 53. Minnesota Statutes 2020, section 124D.76, is amended to read:
64.8 	124D.76 COMMUNITY COORDINATORS, INDIAN HOME/SCHOOL LIAISONS
64.9 	AMERICAN INDIAN EDUCATION PROGRAM COORDINATORS, 
64.10 	PARAPROFESSIONALS.
64.11 	In addition to employing American Indian language and culture education teachers, each 
64.12 	district or participating school providing programs pursuant to sections 124D.71 to 124D.82
64.13 	may employ paraprofessionals. Paraprofessionals must not be employed for the purpose of 
64.14 	supplanting American Indian language and culture education teachers.
64.15 	Any district or participating school which that conducts American Indian education 
64.16 	programs pursuant to sections 124D.71 to 124D.82 must employ one or more full-time or 
64.17 	part-time community coordinators or Indian home/school liaisons if there are dedicated 
64.18 	American Indian education program coordinators in a district with 100 or more 
64.19 	state-identified American Indian students enrolled in the district. Community coordinators 
64.20 	shall A dedicated American Indian education program coordinator must promote 
64.21 	communication, understanding, and cooperation between the schools and the community 
64.22 	and shall must visit the homes of children who are to be enrolled in an American Indian 
64.23 	education program in order to convey information about the program.

64.24 	Sec. 54. Minnesota Statutes 2020, section 124D.78, is amended to read:
64.25 	124D.78 PARENT AND COMMUNITY PARTICIPATION.
64.26 		Subdivision 1.Parent committee. School districts, charter schools, Tribal contract 
64.27 	schools, and their respective school boards and American Indian schools must provide for 
64.28 	the maximum involvement of parents of American Indian children enrolled in American 
64.29 	Indian education programs, programs for elementary and secondary grades, special education 
64.30 	programs, and support services. Accordingly, the board of a school district districts, charter 
64.31 	schools, and Tribal contract schools in which there are ten or more state-identified American 
64.32 	Indian students enrolled and each American Indian school must establish an American 
64.33 	Indian education Parent Advisory Committee. If a committee whose membership consists 
65.1 	of a majority of parents of American Indian children has been or is established according 
65.2 	to federal, tribal, or other state law, that committee may serve as the committee required by 
65.3 	this section and is subject to, at least, the requirements of this subdivision and subdivision 
65.4 	2.
65.5 	The American Indian education Parent Advisory Committee must develop its 
65.6 	recommendations in consultation with the curriculum advisory committee required by 
65.7 	section 120B.11, subdivision 3. This committee must afford parents the necessary information 
65.8 	and the opportunity effectively to express their views concerning all aspects of American 
65.9 	Indian education and the educational needs of the American Indian children enrolled in the 
65.10 	school or program. The school board or American Indian school Districts, charter schools, 
65.11 	and Tribal contract schools must ensure that programs are planned, operated, and evaluated 
65.12 	with the involvement of and in consultation with parents of the American Indian students 
65.13 	served by the programs.
65.14 		Subd. 2.Resolution of concurrence Annual compliance. Prior to March 1 of each 
65.15 	year, the school board or American Indian school must submit to the department a copy of 
65.16 	a resolution adopted by the American Indian education Parent Advisory Committee. The 
65.17 	copy must be signed by the chair of the committee and must state whether the committee 
65.18 	concurs with the educational programs for American Indian students offered by the school 
65.19 	board or American Indian school. If the committee does not concur with the educational 
65.20 	programs, the reasons for nonconcurrence and recommendations shall be submitted directly 
65.21 	to the school board with the resolution. By resolution, the board must respond in writing 
65.22 	within 60 days, in cases of nonconcurrence, to each recommendation made by the committee 
65.23 	and state its reasons for not implementing the recommendations. must meet to discuss 
65.24 	whether or not they concur with the educational offerings that have been extended by the 
65.25 	district to American Indian students. If the committee finds that the district, charter school, 
65.26 	Tribal contract school, and the school board have been meeting the needs of American 
65.27 	Indian students, the committee must issue a vote and resolution of concurrence. If the 
65.28 	committee finds that the needs of American Indian students are not being met, the committee 
65.29 	must issue a vote and resolution of nonconcurrence. The vote and resolution must be 
65.30 	presented to the school board by one or more members of the American Indian Parent 
65.31 	Advisory Committee. The vote must be formally reflected on documentation provided by 
65.32 	the Department of Education and must be submitted annually on March 1. If the vote is one 
65.33 	of nonconcurrence, the committee must provide written recommendations for improvement 
65.34 	to the school board at the time of the presentation. In the case of nonconcurrence, the school 
65.35 	board is given 60 days in which to respond, in writing, to the committee's recommendations. 
66.1 	The board response must be signed by the entire school board and submitted to both the 
66.2 	American Indian Parent Advisory Committee and to the Department of Education.
66.3 		Subd. 3.Membership. The American Indian education Parent Advisory Committee 
66.4 	must be composed of parents or guardians of American Indian children eligible to be enrolled 
66.5 	in American Indian education programs; American Indian secondary students eligible to 
66.6 	be served; American Indian family members of students eligible to be enrolled in American 
66.7 	Indian education programs; American Indian language and culture education teachers and 
66.8 	paraprofessionals; American Indian teachers; American Indian district employees; American 
66.9 	Indian counselors; adult American Indian people enrolled in educational programs; and 
66.10 	representatives from community groups American Indian community members. A The
66.11 	majority of each committee must be parents or guardians of American Indian children 
66.12 	enrolled or eligible to be enrolled in the programs. The number of parents of American 
66.13 	Indian and non-American Indian children shall reflect approximately the proportion of 
66.14 	children of those groups enrolled in the programs.
66.15 		Subd. 4.Alternate committee. If the organizational membership or the board of directors 
66.16 	of an American Indiana Tribal contract school consists of parents of children attending the 
66.17 	school, that membership or board may serve also as the American Indian education Parent 
66.18 	Advisory Committee.
66.19 		Subd. 5.State-identified American Indian. For the purposes of sections 124D.71 to 
66.20 	124D.82, students who identify as American Indian or Alaska Native, using the state 
66.21 	definition in effect on October 1 of the previous school year, will be used to determine the 
66.22 	state-identified American Indian student counts for districts, charter schools, and Tribal 
66.23 	contract schools for the subsequent school year.

66.24 	Sec. 55. Minnesota Statutes 2020, section 124D.791, subdivision 4, is amended to read:
66.25 		Subd. 4.Duties; powers. The American Indian education director shall:
66.26 	(1) serve as the liaison for the departmentwork collaboratively and in conjunction with 
66.27 	the Tribal Liaison, the Tribal Nations Education Committee, the 11 Tribal communities
66.28 	Nations in Minnesota, the Minnesota Chippewa Tribe, and the Minnesota Indian Affairs 
66.29 	Council;
66.30 	(2) evaluate the state of American Indian education in Minnesota;
66.31 	(3) engage the tribal bodies, community groups, parents of children eligible to be served 
66.32 	by American Indian education programs, American Indian administrators and teachers, 
66.33 	persons experienced in the training of teachers for American Indian education programs, 
67.1 	the tribally controlled schools, and other persons knowledgeable in the field of American 
67.2 	Indian education and seek their advice on policies that can improve the quality of American 
67.3 	Indian education;
67.4 	(4) advise the commissioner on American Indian education issues, including:
67.5 	(i) issues facing American Indian students;
67.6 	(ii) policies for American Indian education;
67.7 	(iii) awarding scholarships to eligible American Indian students and in administering 
67.8 	the commissioner's duties regarding awarding of American Indian education grants to school 
67.9 	districts; and
67.10 	(iv) administration of the commissioner's duties under sections 124D.71 to 124D.82 and 
67.11 	other programs for the education of American Indian people;
67.12 	(5) propose to the commissioner legislative changes that will improve the quality of 
67.13 	American Indian education;
67.14 	(6) develop a strategic plan and a long-term framework for American Indian education, 
67.15 	in conjunction with the Minnesota Indian Affairs Council, that is updated every five years 
67.16 	and implemented by the commissioner, with goals to:
67.17 	(i) increase American Indian student achievement, including increased levels of 
67.18 	proficiency and growth on statewide accountability assessments;
67.19 	(ii) increase the number of American Indian teachers in public schools;
67.20 	(iii) close the achievement gap between American Indian students and their more 
67.21 	advantaged peers;
67.22 	(iv) increase the statewide graduation rate for American Indian students; and
67.23 	(v) increase American Indian student placement in postsecondary programs and the 
67.24 	workforce; and
67.25 	(7) keep the American Indian community informed about the work of the department 
67.26 	by reporting to the Tribal Nations Education Committee at each committee meeting.

67.27 	Sec. 56. [124D.792] GRADUATION CEREMONIES; TRIBAL REGALIA AND 
67.28 	OBJECTS OF CULTURAL SIGNIFICANCE.
67.29 	A school district or charter school must not prohibit an American Indian student from 
67.30 	wearing American Indian regalia, Tribal regalia, or objects of cultural significance at 
67.31 	graduation ceremonies.

68.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

68.2 	Sec. 57. Minnesota Statutes 2020, section 124D.81, subdivision 2a, is amended to read:
68.3 		Subd. 2a.American Indian education aid. (a) The American Indian education aid for 
68.4 	an eligible district, charter school, or Tribal contract school equals the greater of (1) the 
68.5 	sum of $20,000 plus the product of $358 times the difference between the number of 
68.6 	American Indian students enrolled on October 1 of the previous school year and 20; or (2) 
68.7 	if the district or school received a grant under this section for fiscal year 2015, the amount 
68.8 	of the grant for fiscal year 2015.
68.9 	(b) Notwithstanding paragraph (a), the American Indian education aid must not exceed 
68.10 	the district, charter school, or Tribal contract school's actual expenditure according to the 
68.11 	approved plan under subdivision 2.

68.12 	Sec. 58. Minnesota Statutes 2020, section 124D.81, subdivision 5, is amended to read:
68.13 		Subd. 5.Records. Participating schools and districts must keep records and afford access 
68.14 	to them as the commissioner finds necessary to ensure that American Indian education 
68.15 	programs are implemented in conformity with sections 124D.71 to 124D.82. Each school 
68.16 	district or participating school must keep accurate, detailed, and separate revenue and 
68.17 	expenditure accounts for pilot American Indian education programs funded under this 
68.18 	section.

68.19 	Sec. 59. Minnesota Statutes 2020, section 124D.861, subdivision 2, is amended to read:
68.20 		Subd. 2.Plan implementation; components. (a) The school board of each eligible 
68.21 	district must formally develop and implement a long-term plan under this section. The plan 
68.22 	must be incorporated into the district's comprehensive strategic plan under section 120B.11. 
68.23 	Plan components may include: innovative and integrated prekindergarten through grade 12 
68.24 	learning environments that offer students school enrollment choices; family engagement 
68.25 	initiatives that involve families in their students' academic life and success; professional 
68.26 	development opportunities for teachers and administrators focused on improving the academic 
68.27 	achievement of all students, including teachers and administrators who are members of 
68.28 	populations underrepresented among the licensed teachers or administrators in the district 
68.29 	or school and who reflect the diversity of students under section 120B.35, subdivision 3, 
68.30 	paragraph (b), clause (2), who are enrolled in the district or school; increased programmatic 
68.31 	opportunities and effective and more diverse instructors focused on rigor and college and 
68.32 	career readiness for underserved students, including students enrolled in alternative learning 
69.1 	centers under section 123A.05, public alternative programs under section 126C.05, 
69.2 	subdivision 15, and contract alternative programs under section 124D.69, among other 
69.3 	underserved students; or recruitment and retention of teachers and administrators with 
69.4 	diverse racial and ethnic backgrounds.
69.5 	(b) The plan must contain goals for:
69.6 	(1) reducing the disparities in academic achievement and in equitable access to effective 
69.7 	and more diverse teachers among all students and specific categories of students under 
69.8 	section 120B.35, subdivision 3, paragraph (b), excluding the student categories of gender, 
69.9 	disability, and English learners; and
69.10 	(2) increasing racial and economic diversity and integration in schools and districts.
69.11 	(c) The plan must include strategies to validate, affirm, embrace, and integrate cultural 
69.12 	and community strengths of all students, families, and employees in the district's curriculum 
69.13 	as well as learning and work environments. The plan must address issues of institutional 
69.14 	racism as defined in section 120B.11, subdivision 1, in schools that create opportunity and 
69.15 	achievement gaps for students, families, and staff who are of color or who are American 
69.16 	Indian. Examples of institutional racism experienced by students who are of color or who 
69.17 	are American Indian include policies and practices that intentionally or unintentionally 
69.18 	result in disparate discipline referrals and suspension, inequitable access to advanced 
69.19 	coursework, overrepresentation in lower-level coursework, inequitable participation in 
69.20 	cocurricular activities, inequitable parent involvement, and lack of equitable access to 
69.21 	racially and ethnically diverse teachers who reflect the racial or ethnic diversity of students 
69.22 	because it has not been a priority to hire or retain such teachers.
69.23 	(d) School districts must use local data, to the extent practicable, to develop plan 
69.24 	components and strategies. Plans may include:
69.25 	(1) innovative and integrated prekindergarten through grade 12 learning environments 
69.26 	that offer students school enrollment choices;
69.27 	(2) family engagement initiatives that involve families in their students' academic life 
69.28 	and success and improve relations between home and school;
69.29 	(3) opportunities for students, families, staff, and community members who are of color 
69.30 	or American Indian to share their experiences in the school setting with school staff and 
69.31 	administration and to inform the development of specific proposals for making school 
69.32 	environments more validating, affirming, embracing, and integrating of their cultural and 
69.33 	community strengths;
70.1 	(4) professional development opportunities for teachers and administrators focused on 
70.2 	improving the academic achievement of all students, including knowledge, skills, and 
70.3 	dispositions needed to be antiracist and culturally sustaining as defined in section 120B.11, 
70.4 	subdivision 1, for serving students who are from racially and ethnically diverse backgrounds;
70.5 	(5) recruitment and retention of teachers, administrators, cultural and family liaisons, 
70.6 	paraprofessionals, and other staff from racial, ethnic, and linguistic backgrounds represented 
70.7 	in the student population to strengthen relationships with all students, families, and other 
70.8 	members of the community;
70.9 	(6) collection, examination, and evaluation of academic and discipline data for 
70.10 	institutional racism as defined in section 120B.11, subdivision 1, in structures, policies, and 
70.11 	practices that result in the education disparities, in order to propose antiracist changes as 
70.12 	defined in section 120B.11, subdivision 1, that increase access, meaningful participation, 
70.13 	representation, and positive outcomes for students of color and American Indian students;
70.14 	(7) increased programmatic opportunities and effective and more diverse instructors 
70.15 	focused on rigor and college and career readiness for students who are impacted by racial, 
70.16 	gender, linguistic, and economic disparities, including students enrolled in area learning 
70.17 	centers or alternative learning programs under section 123A.05, state-approved alternative 
70.18 	programs under section 126C.05, subdivision 15, and contract alternative programs under 
70.19 	section 124D.69, among other underserved students;
70.20 	(8) ethnic studies curriculum as defined in section 120B.11, subdivision 1, to provide 
70.21 	all students with opportunities to learn about their own and others' cultures and historical 
70.22 	experiences; or
70.23 	(9) examination and revision of district curricula in all subjects to be inclusive of diverse 
70.24 	racial and ethnic groups while meeting state academic standards and being culturally 
70.25 	sustaining as defined in section 120B.11, subdivision 1, ensuring content being studied 
70.26 	about any group is accurate and based in knowledge from that group.
70.27 	(b) (e) Among other requirements, an eligible district must implement effective, 
70.28 	research-based interventions that include formative multiple measures of assessment practices
70.29 	and engagement in order to reduce the eliminate academic disparities in student academic 
70.30 	performance among the specific categories of students as measured by student progress and 
70.31 	growth on state reading and math assessments and for students impacted by racial, gender, 
70.32 	linguistic, and economic inequities as aligned with section 120B.11.
71.1 	(c) (f) Eligible districts must create efficiencies and eliminate duplicative programs and 
71.2 	services under this section, which may include forming collaborations or a single, 
71.3 	seven-county metropolitan areawide partnership of eligible districts for this purpose.

71.4 	EFFECTIVE DATE. This section is effective for all plans reviewed and updated after 
71.5 	the day following final enactment.

71.6 	Sec. 60. Minnesota Statutes 2020, section 125A.094, is amended to read:
71.7 	125A.094 RESTRICTIVE PROCEDURES FOR CHILDREN WITH 
71.8 	DISABILITIES.
71.9 	The use of restrictive procedures for children with disabilities for all pupils attending 
71.10 	public school is governed by sections 125A.0941 and 125A.0942.

71.11 	Sec. 61. Minnesota Statutes 2020, section 125A.0942, subdivision 1, is amended to read:
71.12 		Subdivision 1.Restrictive procedures plan. (a) Schools that intend to use restrictive 
71.13 	procedures shall maintain and make publicly accessible in an electronic format on a school 
71.14 	or district website or make a paper copy available upon request describing a restrictive 
71.15 	procedures plan for children with disabilities that at least:
71.16 	(1) lists the restrictive procedures the school intends to use;
71.17 	(2) describes how the school will implement a range of positive behavior strategies and 
71.18 	provide links to mental health services;
71.19 	(3) describes how the school will provide training on de-escalation techniques, consistent 
71.20 	with section 122A.187, subdivision 4;
71.21 	(4) describes how the school will monitor and review the use of restrictive procedures, 
71.22 	including:
71.23 	(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a), clause 
71.24 	(5); and
71.25 	(ii) convening an oversight committee to undertake a quarterly review of the use of 
71.26 	restrictive procedures based on patterns or problems indicated by similarities in the time of 
71.27 	day, day of the week, duration of the use of a procedure, the individuals involved, or other 
71.28 	factors associated with the use of restrictive procedures; the number of times a restrictive 
71.29 	procedure is used schoolwide and for individual children; the number and types of injuries, 
71.30 	if any, resulting from the use of restrictive procedures; whether restrictive procedures are 
71.31 	used in nonemergency situations; the need for additional staff training; the use of restrictive 
72.1 	procedures for disproportionality, racial disparities, in the usage of restrictive procedures; 
72.2 	the usage of school resource officer's handling of the behaviors; student documentation to 
72.3 	determine if the staff followed the standards for using restrictive procedures and if there is 
72.4 	updated information about whether the restrictive procedures are contraindicated for the 
72.5 	particular student; and proposed actions to minimize the use of restrictive procedures; and
72.6 	(5) includes a written description and documentation of the training staff completed 
72.7 	under subdivision 5.
72.8 	(b) Schools annually must publicly identify oversight committee members who must at 
72.9 	least include:
72.10 	(1) a mental health professional, school psychologist, or school social worker;
72.11 	(2) an expert in positive behavior strategies;
72.12 	(3) a special education administrator; and
72.13 	(4) a general education administrator.

72.14 	Sec. 62. Minnesota Statutes 2020, section 125A.0942, subdivision 2, is amended to read:
72.15 		Subd. 2.Restrictive procedures. (a) Restrictive procedures may be used only by a 
72.16 	licensed special education teacher, school social worker, school psychologist, behavior 
72.17 	analyst certified by the National Behavior Analyst Certification Board, a person with a 
72.18 	master's degree in behavior analysis, other licensed education professional, paraprofessional 
72.19 	under section 120B.363, or mental health professional under section 245.4871, subdivision 
72.20 	27, who has completed the training program under subdivision 5.
72.21 	(b) A school shall make reasonable efforts to notify the parent on the same day a 
72.22 	restrictive procedure is used on the child, or if the school is unable to provide same-day 
72.23 	notice, notice is sent within two days by written or electronic means or as otherwise indicated 
72.24 	by the child's parent under paragraph (f).
72.25 	(c) The district must hold a meeting of the individualized education program team, if 
72.26 	the student is a student with a disability, or a meeting of relevant members of the student's 
72.27 	team, including the parent, if the student is not a student with a disability, conduct or review 
72.28 	a functional behavioral analysis, review data, consider developing additional or revised 
72.29 	positive behavioral interventions and supports, consider actions to reduce the use of restrictive 
72.30 	procedures, and modify the individualized education program or behavior intervention plan 
72.31 	as appropriate. The district must hold the meeting: within ten calendar days after district 
72.32 	staff use restrictive procedures on two separate school days within 30 calendar days or a 
73.1 	pattern of use emerges and the child's individualized education program or behavior 
73.2 	intervention plan does not provide for using restrictive procedures in an emergency; or at 
73.3 	the request of a parent or the district after restrictive procedures are used. The district must 
73.4 	review use of restrictive procedures at a child's annual individualized education program 
73.5 	meeting when the child's individualized education program provides for using restrictive 
73.6 	procedures in an emergency.
73.7 	(d) If the individualized education program meeting team under paragraph (c) determines 
73.8 	that existing interventions and supports are ineffective in reducing the use of restrictive 
73.9 	procedures or the district uses restrictive procedures on a child on ten or more school days 
73.10 	during the same school year, the team, as appropriate, either must consult with other 
73.11 	professionals working with the child; consult with experts in behavior analysis, mental 
73.12 	health, communication, or autism; consult with culturally competent professionals; review 
73.13 	existing evaluations, resources, and successful strategies; or consider whether to reevaluate 
73.14 	the child.
73.15 	(e) At the individualized education program meeting under paragraph (c), the team must 
73.16 	review any known medical or psychological limitations, including any medical information 
73.17 	the parent provides voluntarily, that contraindicate the use of a restrictive procedure, consider 
73.18 	whether to prohibit that restrictive procedure, and document any prohibition in the 
73.19 	individualized education program or behavior intervention plan.
73.20 	(f) An individualized education program team may plan for using restrictive procedures 
73.21 	and may include these procedures in a child's individualized education program or behavior 
73.22 	intervention plan; however, the restrictive procedures may be used only in response to 
73.23 	behavior that constitutes an emergency, consistent with this section. The individualized 
73.24 	education program or behavior intervention plan shall indicate how the parent wants to be 
73.25 	notified when a restrictive procedure is used.

73.26 	Sec. 63. Minnesota Statutes 2020, section 125A.0942, subdivision 3, is amended to read:
73.27 		Subd. 3.Physical holding or seclusion. (a) Physical holding or seclusion may be used 
73.28 	only in an emergency. A school that uses physical holding or seclusion shall meet the 
73.29 	following requirements:
73.30 	(1) physical holding or seclusion is the least intrusive intervention that effectively 
73.31 	responds to the emergency;
73.32 	(2) physical holding or seclusion is not used to discipline a noncompliant child;
74.1 	(3) physical holding or seclusion ends when the threat of harm ends and the staff 
74.2 	determines the child can safely return to the classroom or activity;
74.3 	(4) staff directly observes the child while physical holding or seclusion is being used;
74.4 	(5) each time physical holding or seclusion is used, the staff person who implements or 
74.5 	oversees the physical holding or seclusion documents, as soon as possible after the incident 
74.6 	concludes, the following information:
74.7 	(i) a description of the incident that led to the physical holding or seclusion;
74.8 	(ii) why a less restrictive measure failed or was determined by staff to be inappropriate 
74.9 	or impractical;
74.10 	(iii) the time the physical holding or seclusion began and the time the child was released; 
74.11 	and
74.12 	(iv) a brief record of the child's behavioral and physical status; and
74.13 	(v) a brief description of the post-use debriefing process that occurred following the use 
74.14 	of the restrictive procedure;
74.15 	(6) the room used for seclusion must:
74.16 	(i) be at least six feet by five feet;
74.17 	(ii) be well lit, well ventilated, adequately heated, and clean;
74.18 	(iii) have a window that allows staff to directly observe a child in seclusion;
74.19 	(iv) have tamperproof fixtures, electrical switches located immediately outside the door, 
74.20 	and secure ceilings;
74.21 	(v) have doors that open out and are unlocked, locked with keyless locks that have 
74.22 	immediate release mechanisms, or locked with locks that have immediate release mechanisms 
74.23 	connected with a fire and emergency system; and
74.24 	(vi) not contain objects that a child may use to injure the child or others; and
74.25 	(7) before using a room for seclusion, a school must:
74.26 	(i) receive written notice from local authorities that the room and the locking mechanisms 
74.27 	comply with applicable building, fire, and safety codes; and
74.28 	(ii) register the room with the commissioner, who may view that room.
74.29 	(b) By February 1, 2015, and annually thereafter, stakeholders may, as necessary, 
74.30 	recommend to the commissioner specific and measurable implementation and outcome 
75.1 	goals for reducing the use of restrictive procedures and the commissioner must submit to 
75.2 	the legislature a report on districts' progress in reducing the use of restrictive procedures 
75.3 	that recommends how to further reduce these procedures and eliminate the use of seclusion. 
75.4 	The statewide plan includes the following components: measurable goals; the resources, 
75.5 	training, technical assistance, mental health services, and collaborative efforts needed to 
75.6 	significantly reduce districts' use of seclusion; and recommendations to clarify and improve 
75.7 	the law governing districts' use of restrictive procedures. The commissioner must consult 
75.8 	with interested stakeholders when preparing the report, including representatives of advocacy 
75.9 	organizations, special education directors, teachers, paraprofessionals, intermediate school 
75.10 	districts, school boards, day treatment providers, county social services, state human services 
75.11 	department staff, mental health professionals, and autism experts. Beginning with the 
75.12 	2016-2017 school year, in a form and manner determined by the commissioner, districts 
75.13 	must report data quarterly to the department by January 15, April 15, July 15, and October 
75.14 	15 about individual students who have been secluded. By July 15 each year, districts must 
75.15 	report summary data on their use of restrictive procedures to the department for the prior 
75.16 	school year, July 1 through June 30, in a form and manner determined by the commissioner. 
75.17 	The summary data must include information about the use of restrictive procedures, including 
75.18 	use of reasonable force under section 121A.582.

75.19 	Sec. 64. Minnesota Statutes 2020, section 144.4165, is amended to read:
75.20 	144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
75.21 	(a) No person shall at any time smoke, chew, or otherwise ingest tobacco, or carry or 
75.22 	use an activated electronic delivery device as defined in section 609.685, subdivision 1, in 
75.23 	a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or in a charter 
75.24 	school governed by chapter 124E. This prohibition extends to all facilities, whether owned, 
75.25 	rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or 
75.26 	controls.
75.27 	(b) Nothing in this section shall prohibit the lighting of tobacco by an adult as a part of 
75.28 	a traditional Indian spiritual or cultural ceremony. An American Indian student may carry 
75.29 	a medicine pouch containing loose tobacco intended in observance of traditional spiritual 
75.30 	or cultural practices. For purposes of this section, an American Indian is a person who is a 
75.31 	member of an Indian tribe as defined in section 260.755, subdivision 12 having origins in 
75.32 	any of the original peoples of North America who maintain cultural identification through 
75.33 	Tribal affiliation or community recognition.

76.1 	Sec. 65. NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.
 76.2 	Each public district and school selected to participate in the national assessment of 
76.3 	educational progress shall do so pursuant to United States Code, title 20, section 6312(c)(2), 
76.4 	as in effect on December 10, 2015, or similar national or international assessments, both 
76.5 	for the national sample and for any state-by-state comparison programs that may be initiated, 
76.6 	as directed by the commissioner. The assessments must be conducted using the data collection 
76.7 	procedures, student surveys, educator surveys, and other instruments included in the National 
76.8 	Assessment of Educational Progress or similar national or international assessments being 
76.9 	administered in Minnesota. The administration of such assessments shall be in addition to 
76.10 	and separate from the administration of the statewide, standardized assessments.

76.11 	Sec. 66. REVISOR INSTRUCTION.
 76.12 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in column 
76.13 	A with the number listed in column B. The revisor shall also make necessary cross-reference 
76.14 	changes consistent with the renumbering. The revisor shall also make any technical language 
76.15 	and other changes necessitated by the renumbering and cross-reference changes in this act.

76.16		Column A
	Column B
	
76.17	General Requirements Statewide Assessments
	
76.18		120B.30, subdivision 1a, paragraph (h)
	120B.30, subdivision 1
	
76.19		120B.30, subdivision 1, paragraph (q)
	120B.30, subdivision 2
	
76.20		120B.30, subdivision 1a, paragraph (g)
	120B.30, subdivision 3
	
76.21		120B.30, subdivision 1b
	120B.30, subdivision 4
	
76.22		120B.30, subdivision 1, paragraph (n)
	120B.30, subdivision 5, paragraph (a)
	
76.23		120B.30, subdivision 1, paragraph (a)
	120B.30, subdivision 5, paragraph (b)
	
76.24		120B.30, subdivision 1a, paragraph (e)
	120B.30, subdivision 6, paragraph (a)
	
76.25		120B.30, subdivision 2, paragraph (a)
	120B.30, subdivision 6, paragraph (b)
	
76.26
76.27		120B.30, subdivision 2, paragraph (b), 
clauses (1) and (2)
	120B.30, subdivision 6, paragraph (c)
	
76.28		120B.30, subdivision 2
	120B.30, subdivision 6, paragraph (d)
	
76.29		120B.30, subdivision 4
	120B.30, subdivision 7
	
76.30		120B.30, subdivision 5
	120B.30, subdivision 8
	
76.31		120B.30, subdivision 6
	120B.30, subdivision 9
	
76.32		120B.30, subdivision 1, paragraph (e)
	120B.30, subdivision 10
	
76.33	General Requirements Test Design
	
76.34
76.35		120B.30, subdivision 1a, paragraph (a), 
clauses (1) to (5)
	120B.301, subdivision 1
	
76.36		120B.30, subdivision 1, paragraph (a)
	120B.301, subdivision 2
	
77.1		120B.30, subdivision 1, paragraph (b)
	120B.301, subdivision 3, paragraph (a)
	
77.2		120B.30, subdivision 1, paragraph (n)
	120B.301, subdivision 3, paragraph (b)
	
77.3		120B.30, subdivision 1a, paragraph (b)
	120B.301, subdivision 3, paragraph (c)
	
77.4
77.5		120B.30, subdivision 1a, paragraph (c), 
clauses (1) and (2)
	120B.301, subdivision 3, paragraph (d)
	
77.6	Assessment Graduation Requirements
	
77.7
77.8		120B.30, subdivision 1, paragraph (c), 
clauses (1) and (2)
	120B.304, subdivision 1
	
77.9		120B.30, subdivision 1, paragraph (d)
	120B.304, subdivision 2
	
77.10		120B.30, subdivision 1, paragraph (i)
	120B.304, subdivision 3
	
77.11	Assessment Reporting Requirements
	
77.12
77.13		120B.30, subdivision 1a, paragraph (f), 
clauses (1) to (3)
	120B.305, subdivision 1
	
77.14
77.15		120B.30, subdivision 1a, paragraph (d), 
clauses (1) to (4)
	120B.305, subdivision 2, paragraph (a)
	
77.16		120B.30, subdivision 1, paragraph (m)
	120B.305, subdivision 2, paragraph (b)
	
77.17		120B.30, subdivision 1, paragraph (n)
	120B.305, subdivision 2, paragraph (c)
	
77.18
77.19		120B.30, subdivision 1, paragraph (o), 
clauses (1) to (4)
	120B.305, subdivision 3, paragraph (a)
	
77.20		120B.30, subdivision 3
	120B.305, subdivision 3, paragraph (b)
	
77.21	District Assessment Requirements
	
77.22		120B.301, paragraphs (a) to (c)
	120B.306, subdivision 1
	
77.23		120B.304, paragraphs (a) and (b)
	120B.306, subdivision 2
	
77.24	College and Career Readiness
	
77.25		120B.30, subdivision 1, paragraph (p)
	120B.307, subdivision 1
	
77.26		120B.30, subdivision 1, paragraph (d)
	120B.307, subdivision 2
	
77.27		120B.30, subdivision 1, paragraph (f)
	120B.307, subdivision 3
	
77.28		120B.30, subdivision 1, paragraph (g)
	120B.307, subdivision 4, paragraph (a)
	
77.29		120B.30, subdivision 1, paragraph (h)
	120B.307, subdivision 4, paragraph (b)
	
77.30		120B.30, subdivision 1, paragraph (j)
	120B.307, subdivision 4, paragraph (c)
	
77.31		120B.30, subdivision 1, paragraph (k)
	120B.307, subdivision 4, paragraph (d)
	
77.32		120B.30, subdivision 1, paragraph (l)
	120B.307, subdivision 4, paragraph (e)

77.33 	Sec. 67. REPEALER.
 77.34 	Minnesota Statutes 2020, section 120B.35, subdivision 5, is repealed.

78.1 	ARTICLE 3
78.2 	TEACHERS

78.3 	Section 1. [120B.117] INCREASING PERCENTAGE OF TEACHERS OF COLOR 
78.4 	AND AMERICAN INDIAN TEACHERS IN MINNESOTA.
78.5 		Subdivision 1.Purpose. This section sets short-term and long-term attainment goals for 
78.6 	increasing the percentage of teachers of color and who are American Indian teachers in 
78.7 	Minnesota and for ensuring all students have equitable access to effective and racially and 
78.8 	ethnically diverse teachers who reflect the diversity of students. The goals and report required 
78.9 	under this section are important for meeting attainment goals for the world's best workforce 
78.10 	under section 120B.11, achievement and integration under section 124D.861, and higher 
78.11 	education attainment under section 135A.012, all of which have been established to close 
78.12 	persistent opportunity and achievement gaps that limit students' success in school and life 
78.13 	and impede the state's economic growth.
78.14 		Subd. 2.Equitable access to racially and ethnically diverse teachers. The percentage 
78.15 	of teachers in Minnesota who are of color or who are American Indian should increase at 
78.16 	least two percentage points per year to have a teaching workforce that more closely reflects 
78.17 	the state's increasingly diverse student population and to ensure all students have equitable 
78.18 	access to effective and diverse teachers by 2040.
78.19 		Subd. 3.Rights not created. The attainment goal in this section is not to the exclusion 
78.20 	of any other goals and does not confer a right or create a claim for any person.
78.21 		Subd. 4.Reporting. Beginning in 2022 and every even-numbered year thereafter, the 
78.22 	Professional Educator Licensing and Standards Board must collaborate with the Department 
78.23 	of Education and the Office of Higher Education to publish a summary report of each of 
78.24 	the programs they administer and any other programs receiving state appropriations that 
78.25 	have or include an explicit purpose of increasing the racial and ethnic diversity of the state's 
78.26 	teacher workforce to more closely reflect the diversity of students. The report must include 
78.27 	programs under sections 122A.59, 122A.63, 122A.635, 122A.70, 122A.73, 124D.09, 
78.28 	124D.861, 136A.1274, 136A.1276, and 136A.1791, along with any other programs or 
78.29 	initiatives that receive state appropriations to address the shortage of teachers of color and 
78.30 	American Indian teachers. The board must, in coordination with the Office of Higher 
78.31 	Education and Department of Education, provide policy and funding recommendations 
78.32 	related to state-funded programs to increase the recruitment, preparation, licensing, hiring, 
78.33 	and retention of racially and ethnically diverse teachers and the state's progress toward 
78.34 	meeting or exceeding the goals of this section. The report must include recommendations 
79.1 	for state policy and funding needed to achieve the goals of this section, plans for sharing 
79.2 	the report and activities of grant recipients, and opportunities among grant recipients of 
79.3 	various programs to share effective practices with each other. The 2022 report must include 
79.4 	a recommendation of whether a state advisory council should be established to address the 
79.5 	shortage of racially and ethnically diverse teachers and what the composition and charge 
79.6 	of such an advisory council would be if established. The board must consult with the Indian 
79.7 	Affairs Council and other ethnic councils along with other community partners, including 
79.8 	students of color and American Indian students, in developing the report. By November 1 
79.9 	of each even-numbered year, the board must submit the report to the chairs and ranking 
79.10 	minority members of the legislative committees with jurisdiction over education and higher 
79.11 	education policy and finance. The report must be available to the public on the board's 
79.12 	website.

79.13 	EFFECTIVE DATE. This section is effective the day following final enactment.

79.14 	Sec. 2. [120B.25] CURRICULUM POLICY.
79.15 	A school board must adopt a written policy that prohibits discrimination or discipline 
79.16 	for a teacher or principal on the basis of incorporating into curriculum contributions by 
79.17 	persons in a federally protected class or protected class under sections 121A.031 and 
79.18 	363A.13, consistent with local collective bargaining agreements and sections 121A.41 to 
79.19 	121A.56.

79.20 	Sec. 3. Minnesota Statutes 2020, section 122A.06, subdivision 6, is amended to read:
79.21 		Subd. 6.Shortage area. "Shortage area" means:
79.22 	(1) licensure fields and economic development regions reported by the commissioner 
79.23 	of education or the Professional Educator Licensing and Standards Board as experiencing 
79.24 	a teacher shortage and includes the number of assignments a school district is unable to fill 
79.25 	with a licensed teacher by November 1 of every even-numbered year, the number of 
79.26 	out-of-field permissions issued, and the number of Tier 1 licenses issued in license fields 
79.27 	with board-approved preparation programs; and
79.28 	(2) economic development regions where there is a shortage of licensed teachers who 
79.29 	reflect the racial or ethnic diversity of students in the region.

79.30 	EFFECTIVE DATE. This section is effective July 1, 2022.

80.1 	Sec. 4. Minnesota Statutes 2020, section 122A.091, subdivision 5, is amended to read:
80.2 		Subd. 5.Survey of districts. (a) The Professional Educator Licensing and Standards 
80.3 	Board must survey the state's school districts and teacher preparation programs and report 
80.4 	to the education committees of the legislature by February 1, 2019, and each odd-numbered 
80.5 	year thereafter, on the status of teacher early retirement patterns, the access to effective and 
80.6 	more diverse teachers who reflect the students under section 120B.35, subdivision 3, 
80.7 	paragraph (b), clause (2), enrolled in a district or school, the teacher shortage, and the 
80.8 	substitute teacher shortage, including patterns and shortages in licensure field areas and the 
80.9 	economic development regions of the state.
80.10 	(b) The report must also include:
80.11 	(1) aggregate data on teachers' self-reported race and ethnicity;
80.12 	(2) data on how districts are making progress in hiring teachers and substitute teachers 
80.13 	in the areas of shortage, including the number of teachers hired in the preceding two years, 
80.14 	the number of teachers hired holding a license at each tier level, the number of assignments 
80.15 	the school district was unable to fill with a licensed teacher, and licenses and permissions 
80.16 	for license fields without a board-approved preparation program by economic development 
80.17 	regions; and
80.18 	(3) a five-year projection of teacher demand for each district, taking into account the 
80.19 	students under section 120B.35, subdivision 3, paragraph (b), clause (2), expected to enroll 
80.20 	in the district during that five-year period.

80.21 	EFFECTIVE DATE. This section is effective July 1, 2022.

80.22 	Sec. 5. Minnesota Statutes 2020, section 122A.14, is amended by adding a subdivision to 
80.23 	read:
80.24 		Subd. 11.Mental illness. The board must adopt rules that require all school administrators 
80.25 	renewing a license to include in the renewal requirements at least two hours of mental illness 
80.26 	training. The training must include at least one hour of suicide prevention training in each 
80.27 	licensure renewal period that is a nationally recognized evidence-based program. At least 
80.28 	one additional hour of training must include understanding the key warning signs of 
80.29 	early-onset mental illness in children and adolescents, trauma, accommodations for students' 
80.30 	mental illness, parents' roles in addressing students' mental illness, fetal alcohol spectrum 
80.31 	disorders, autism, and de-escalation methods, among other similar topics.

81.1 	Sec. 6. Minnesota Statutes 2020, section 122A.181, subdivision 5, is amended to read:
81.2 		Subd. 5.Limitations on license. (a) A Tier 1 license is limited to the content matter 
81.3 	indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and 
81.4 	limited to the district or charter school that requested the initial Tier 1 license.
81.5 	(b) A Tier 1 license does not bring an individual within the definition of a teacher for 
81.6 	purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).
81.7 	(c) A Tier 1 license does not bring an individual within the definition of a teacher under 
81.8 	section 179A.03, subdivision 18.

81.9 	Sec. 7. Minnesota Statutes 2020, section 122A.183, subdivision 1, is amended to read:
81.10 		Subdivision 1.Requirements. (a) The Professional Educator Licensing and Standards 
81.11 	Board must issue a Tier 3 license to a candidate who provides information sufficient to 
81.12 	demonstrate all of the following:
81.13 	(1) the candidate meets the educational or professional requirements in paragraphs (b) 
81.14 	and (c);
81.15 	(2) the candidate has obtained a passing score on the required licensure exams under 
81.16 	section 122A.185; and
81.17 	(3) the candidate has completed the coursework required under subdivision 2.
81.18 	(b) A candidate for a Tier 3 license must have a bachelor's degree to teach a class or 
81.19 	course outside a career and technical education or career pathways course of study.
81.20 	(c) A candidate for a Tier 3 license must have one of the following credentials in a 
81.21 	relevant content area to teach a class or course in a career and technical education or career 
81.22 	pathways course of study:
81.23 	(1) an associate's degree;
81.24 	(2) a professional certification; or
81.25 	(3) five years of relevant work experience.
81.26 	In consultation with the governor's Workforce Development Board established under section 
81.27 	116L.665, the board must establish a list of qualifying certifications, and may add additional 
81.28 	professional certifications in consultation with school administrators, teachers, and other 
81.29 	stakeholders.
82.1 	(d) The board must issue a Tier 3 license to a candidate who provides information 
82.2 	sufficient to demonstrate the following, regardless of whether the candidate meets other 
82.3 	requirements in this section:
82.4 	(1) the candidate has completed a teacher preparation program from a culturally specific 
82.5 	Minority Serving Institution in the United States, such as Historically Black Colleges and 
82.6 	Universities, Tribal Colleges and Universities, or Hispanic-Serving Institutions, including 
82.7 	those in Puerto Rico, and is eligible for a teacher license in another state; or
82.8 	(2) the candidate has completed a university teacher preparation program in another 
82.9 	country and has taught at least two years.
82.10 	The candidate must have completed student teaching comparable to the student teaching 
82.11 	expectations in Minnesota.

82.12 	Sec. 8. Minnesota Statutes 2020, section 122A.184, subdivision 1, is amended to read:
82.13 		Subdivision 1.Requirements. The Professional Educator Licensing and Standards 
82.14 	Board must issue a Tier 4 license to a candidate who provides information sufficient to 
82.15 	demonstrate all of the following:
82.16 	(1) the candidate meets all requirements for a Tier 3 license under section 122A.183, 
82.17 	and has completed a teacher preparation program under section 122A.183, subdivision 2, 
82.18 	clause (1) or (2);
82.19 	(2) the candidate has at least three years of teaching experience in Minnesota or another 
82.20 	state;
82.21 	(3) the candidate has obtained a passing score on all required licensure exams under 
82.22 	section 122A.185; and
82.23 	(4) the candidate's most recent summative teacher evaluation did not result in placing 
82.24 	or otherwise keeping the teacher in an improvement process pursuant to section 122A.40, 
82.25 	subdivision 8, or 122A.41, subdivision 5.

82.26 	Sec. 9. Minnesota Statutes 2020, section 122A.185, subdivision 1, is amended to read:
82.27 		Subdivision 1.Tests. (a) The Professional Educator Licensing and Standards Board 
82.28 	must adopt rules requiring a candidate to demonstrate a passing score on a board-adopted 
82.29 	examination of skills in reading, writing, and mathematics before being granted a Tier 4 
82.30 	teaching license under section 122A.184 to provide direct instruction to pupils in elementary, 
82.31 	secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or Tier 
83.1 	3 license to provide direct instruction to pupils in elementary, secondary, or special education 
83.2 	programs if candidates meet the other requirements in section 122A.181, 122A.182, or 
83.3 	122A.183, respectively.
83.4 	(b) (a) The board must adopt and revise rules requiring candidates applicants for Tier 3 
83.5 	and Tier 4 licenses to pass an examination or performance assessment of general pedagogical 
83.6 	knowledge and examinations of licensure field specific content. if the applicant has not 
83.7 	completed a board-approved preparation program assuring that candidates from the program 
83.8 	recommended for licensure meet content and pedagogy licensure standards in Minnesota. 
83.9 	Candidates who have satisfactorily completed board-approved programs in Minnesota with 
83.10 	required coursework and clinical field experiences that include learning opportunities and 
83.11 	assessments aligned to content and pedagogy licensure standards are not additionally required 
83.12 	to pass content and pedagogy exams for Tier 3 licensure. Applicants who have satisfactorily 
83.13 	completed a preparation program in another state and passed licensure examinations in that 
83.14 	state are not additionally required to pass similar examinations required in Minnesota. The 
83.15 	content examination requirement does not apply if no relevant content exam exists.
83.16 	(c) (b) Candidates for initial Tier 3 and Tier 4 licenses to teach elementary students must 
83.17 	pass test items assessing the candidates' knowledge, skill, and ability in comprehensive, 
83.18 	scientifically based reading instruction under section 122A.06, subdivision 4, knowledge 
83.19 	and understanding of the foundations of reading development, development of reading 
83.20 	comprehension and reading assessment and instruction, and the ability to integrate that 
83.21 	knowledge and understanding into instruction strategies under section 122A.06, subdivision 
83.22 	4.
83.23 	(c) All testing centers in the state must provide monthly opportunities for untimed content 
83.24 	and pedagogy examinations. These opportunities must be advertised on the test registration 
83.25 	website. The board must require the exam vendor to provide other equitable opportunities 
83.26 	to pass exams, including:
83.27 	(1) waiving testing fees for test takers who qualify for federal grants;
83.28 	(2) providing free, multiple, full-length practice tests for each exam and free, 
83.29 	comprehensive study guides on the test registration website;
83.30 	(3) making content and pedagogy exams available in languages other than English for 
83.31 	teachers seeking licensure to teach in language immersion programs; and
83.32 	(4) providing free, detailed exam results analysis by test objective to assist candidates 
83.33 	who do not pass an exam in identifying areas for improvement.
84.1 	Any candidate who has not passed a required exam after two attempts must be allowed to 
84.2 	retake the exam, including new versions of the exam, without being charged an additional 
84.3 	fee.
84.4 	(d) The requirement to pass a board-adopted reading, writing, and mathematics skills 
84.5 	examination does not apply to nonnative English speakers, as verified by qualified Minnesota 
84.6 	school district personnel or Minnesota higher education faculty, who, after meeting the 
84.7 	content and pedagogy requirements under this subdivision, apply for a teaching license to 
84.8 	provide direct instruction in their native language or world language instruction under section 
84.9 	120B.022, subdivision 1.

84.10 	EFFECTIVE DATE. This section is effective July 1, 2022.

84.11 	Sec. 10. Minnesota Statutes 2020, section 122A.40, subdivision 3, is amended to read:
84.12 		Subd. 3.Hiring, dismissing. (a) School boards must hire or dismiss teachers at duly 
84.13 	called meetings. Where a husband and wife, brother and sister, or two brothers or sisters, 
84.14 	constitute a quorum, no contract employing a teacher shall be made or authorized except 
84.15 	upon the unanimous vote of the full board. A teacher related by blood or marriage, within 
84.16 	the fourth degree, computed by the civil law, to a board member shall not be employed 
84.17 	except by a unanimous vote of the full board. The initial employment of the teacher in the 
84.18 	district must be by written contract, signed by the teacher and by the chair and clerk. All 
84.19 	subsequent employment of the teacher in the district must be by written contract, signed by 
84.20 	the teacher and by the chair and clerk, except where there is a master agreement covering 
84.21 	the employment of the teacher. Contracts for teaching or supervision of teaching can be 
84.22 	made only with qualified teachers. A teacher shall not be required to reside within the 
84.23 	employing district as a condition to teaching employment or continued teaching employment.
84.24 	(b) A school district must report all new teacher hires and terminations, including layoffs, 
84.25 	by race and ethnicity annually to the Professional Educator Licensing and Standards Board. 
84.26 	The report must not include data that would personally identify individuals.

84.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

84.28 	Sec. 11. Minnesota Statutes 2020, section 122A.40, subdivision 5, is amended to read:
84.29 		Subd. 5.Probationary period. (a) The first three consecutive years of a teacher's first 
84.30 	teaching experience in Minnesota in a single district is deemed to be a probationary period 
84.31 	of employment, and, the probationary period in each district in which the teacher is thereafter 
84.32 	employed shall be one year. The school board must adopt a plan for written evaluation of 
85.1 	teachers during the probationary period that is consistent with subdivision 8. Evaluation 
85.2 	must occur at least three times periodically throughout each school year for a teacher 
85.3 	performing services during that school year; the first evaluation must occur within the first 
85.4 	90 days of teaching service. Days devoted to parent-teacher conferences, teachers' workshops, 
85.5 	and other staff development opportunities and days on which a teacher is absent from school 
85.6 	must not be included in determining the number of school days on which a teacher performs 
85.7 	services. Except as otherwise provided in paragraph (b), during the probationary period any 
85.8 	annual contract with any teacher may or may not be renewed as the school board shall see 
85.9 	fit. However, the board must give any such teacher whose contract it declines to renew for 
85.10 	the following school year written notice to that effect before July 1. If the teacher requests 
85.11 	reasons for any nonrenewal of a teaching contract, the board must give the teacher its reason 
85.12 	in writing, including a statement that appropriate supervision was furnished describing the 
85.13 	nature and the extent of such supervision furnished the teacher during the employment by 
85.14 	the board, within ten days after receiving such request. The school board may, after a hearing 
85.15 	held upon due notice, discharge a teacher during the probationary period for cause, effective 
85.16 	immediately, under section 122A.44.
85.17 	(b) A board must discharge a probationary teacher, effective immediately, upon receipt 
85.18 	of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has 
85.19 	been revoked due to a conviction for child abuse or sexual abuse.
85.20 	(c) A probationary teacher whose first three years of consecutive employment are 
85.21 	interrupted for active military service and who promptly resumes teaching consistent with 
85.22 	federal reemployment timelines for uniformed service personnel under United States Code, 
85.23 	title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes 
85.24 	of paragraph (a).
85.25 	(d) A probationary teacher whose first three years of consecutive employment are 
85.26 	interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 
85.27 	months of when the leave began is considered to have a consecutive teaching experience 
85.28 	for purposes of paragraph (a) if the probationary teacher completes a combined total of 
85.29 	three years of teaching service immediately before and after the leave.
85.30 	(e) A probationary teacher must complete at least 120 days of teaching service each year 
85.31 	during the probationary period. Days devoted to parent-teacher conferences, teachers' 
85.32 	workshops, and other staff development opportunities and days on which a teacher is absent 
85.33 	from school do not count as days of teaching service under this paragraph.
86.1 	(f) Notwithstanding any law to the contrary, a teacher who has taught for three 
86.2 	consecutive years in a single school district or charter school in Minnesota or another state 
86.3 	must serve a probationary period no longer than one year in a Minnesota school district.

86.4 	EFFECTIVE DATE. This section is effective for collective bargaining agreements 
86.5 	effective July 1, 2023, and thereafter.

86.6 	Sec. 12. Minnesota Statutes 2020, section 122A.40, subdivision 8, is amended to read:
86.7 		Subd. 8.Development, evaluation, and peer coaching for continuing contract 
86.8 	teachers. (a) To improve student learning and success, a school board and an exclusive 
86.9 	representative of the teachers in the district, consistent with paragraph (b), may develop a 
86.10 	teacher evaluation and peer review process for probationary and continuing contract teachers 
86.11 	through joint agreement. If a school board and the exclusive representative of the teachers 
86.12 	do not agree to an annual teacher evaluation and peer review process, then the school board 
86.13 	and the exclusive representative of the teachers must implement the state teacher evaluation 
86.14 	plan under paragraph (c). The process must include having trained observers serve as peer 
86.15 	coaches or having teachers participate in professional learning communities, consistent with 
86.16 	paragraph (b).
86.17 	(b) To develop, improve, and support qualified teachers and effective teaching practices, 
86.18 	improve student learning and success, and provide all enrolled students in a district or school 
86.19 	with improved and equitable access to more effective and diverse teachers, the annual 
86.20 	evaluation process for teachers:
86.21 	(1) must, for probationary teachers, provide for all evaluations required under subdivision 
86.22 	5;
86.23 	(2) must establish a three-year professional review cycle for each teacher that includes 
86.24 	an individual growth and development plan, a peer review process, and at least one 
86.25 	summative evaluation performed by a qualified and trained evaluator such as a school 
86.26 	administrator. For the years when a tenured teacher is not evaluated by a qualified and 
86.27 	trained evaluator, the teacher must be evaluated by a peer review;
86.28 	(3) must be based on professional teaching standards established in rule create, adopt, 
86.29 	or revise a rubric of performance standards for teacher practice that (i) is based on 
86.30 	professional teaching standards established in rule, (ii) includes culturally responsive 
86.31 	methodologies, and (iii) provides common descriptions of effectiveness using at least three 
86.32 	levels of performance;
87.1 	(4) must coordinate staff development activities under sections 122A.60 and 122A.61 
87.2 	with this evaluation process and teachers' evaluation outcomes;
87.3 	(5) may provide time during the school day and school year for peer coaching and teacher 
87.4 	collaboration;
87.5 	(6) may include job-embedded learning opportunities such as professional learning 
87.6 	communities;
87.7 	(7) may include mentoring and induction programs for teachers, including teachers who 
87.8 	are members of populations underrepresented among the licensed teachers in the district or 
87.9 	school and who reflect the diversity of students under section 120B.35, subdivision 3, 
87.10 	paragraph (b), clause (2), who are enrolled in the district or school;
87.11 	(8) must include an option for teachers to develop and present a portfolio demonstrating 
87.12 	evidence of reflection and professional growth, consistent with section 122A.187, subdivision 
87.13 	3, and include teachers' own performance assessment based on student work samples and 
87.14 	examples of teachers' work, which may include video among other activities for the 
87.15 	summative evaluation;
87.16 	(9) must use data from valid and reliable assessments aligned to state and local academic 
87.17 	standards and must use state and local measures of student growth and literacy that may 
87.18 	include value-added models or student learning goals to determine 35 percent of teacher 
87.19 	evaluation results;
87.20 	(10) must use longitudinal data on student engagement and connection, and other student 
87.21 	outcome measures explicitly aligned with the elements of curriculum for which teachers 
87.22 	are responsible, including academic literacy, oral academic language, and achievement of 
87.23 	content areas of English learners;
87.24 	(11) must require qualified and trained evaluators such as school administrators to 
87.25 	perform summative evaluations and ensure school districts and charter schools provide for 
87.26 	effective evaluator training specific to teacher development and evaluation;
87.27 	(12) must give teachers not meeting professional teaching standards under clauses (3) 
87.28 	through (11) support to improve through a teacher improvement process that includes 
87.29 	established goals and timelines; and
87.30 	(13) must discipline a teacher for not making adequate progress in the teacher 
87.31 	improvement process under clause (12) that may include a last chance warning, termination, 
87.32 	discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline 
87.33 	a school administrator determines is appropriate.
88.1 	Data on individual teachers generated under this subdivision are personnel data under 
88.2 	section 13.43. The observation and interview notes of peer coaches may only be disclosed 
88.3 	to other school officials with the consent of the teacher being coached.
88.4 	(c) The department, in consultation with parents who may represent parent organizations 
88.5 	and teacher and administrator representatives appointed by their respective organizations, 
88.6 	representing the Professional Educator Licensing and Standards Board, the Minnesota 
88.7 	Association of School Administrators, the Minnesota School Boards Association, the 
88.8 	Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and 
88.9 	representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, 
88.10 	the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with 
88.11 	research expertise in teacher evaluation, must create and publish a teacher evaluation process 
88.12 	that complies with the requirements in paragraph (b) and applies to all teachers under this 
88.13 	section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual 
88.14 	teacher evaluation and peer review process. The teacher evaluation process created under 
88.15 	this subdivision does not create additional due process rights for probationary teachers under 
88.16 	subdivision 5.
88.17 	(d) Consistent with the measures of teacher effectiveness under this subdivision:
88.18 	(1) for students in kindergarten through grade 4, a school administrator must not place 
88.19 	or approve the placement of a student in the classroom of a teacher who is in the improvement 
88.20 	process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, 
88.21 	in the prior year, that student was in the classroom of a teacher who received discipline 
88.22 	pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that 
88.23 	grade; and
88.24 	(2) for students in grades 5 through 12, a school administrator must not place or approve 
88.25 	the placement of a student in the classroom of a teacher who is in the improvement process 
88.26 	referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the 
88.27 	prior year, that student was in the classroom of a teacher who received discipline pursuant 
88.28 	to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area 
88.29 	and grade.
88.30 	All data created and used under this paragraph retains its classification under chapter 13.

88.31 	Sec. 13. Minnesota Statutes 2020, section 122A.41, subdivision 2, is amended to read:
88.32 		Subd. 2.Probationary period; discharge or demotion. (a) All teachers in the public 
88.33 	schools in cities of the first class during the first three years of consecutive employment 
89.1 	shall be deemed to be in a probationary period of employment during which period any 
89.2 	annual contract with any teacher may, or may not, be renewed as the school board, after 
89.3 	consulting with the peer review committee charged with evaluating the probationary teachers 
89.4 	under subdivision 3, shall see fit. The school site management team or the school board if 
89.5 	there is no school site management team, shall adopt a plan for a written evaluation of 
89.6 	teachers during the probationary period according to subdivisions 3 and 5. Evaluation by 
89.7 	the peer review committee charged with evaluating probationary teachers under subdivision 
89.8 	3 shall occur at least three times periodically throughout each school year for a teacher 
89.9 	performing services during that school year; the first evaluation must occur within the first 
89.10 	90 days of teaching service. Days devoted to parent-teacher conferences, teachers' workshops, 
89.11 	and other staff development opportunities and days on which a teacher is absent from school 
89.12 	shall not be included in determining the number of school days on which a teacher performs 
89.13 	services. The school board may, during such probationary period, discharge or demote a 
89.14 	teacher for any of the causes as specified in this code. A written statement of the cause of 
89.15 	such discharge or demotion shall be given to the teacher by the school board at least 30 
89.16 	days before such removal or demotion shall become effective, and the teacher so notified 
89.17 	shall have no right of appeal therefrom.
89.18 	(b) A probationary teacher whose first three years of consecutive employment are 
89.19 	interrupted for active military service and who promptly resumes teaching consistent with 
89.20 	federal reemployment timelines for uniformed service personnel under United States Code, 
89.21 	title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes 
89.22 	of paragraph (a).
89.23 	(c) A probationary teacher whose first three years of consecutive employment are 
89.24 	interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 
89.25 	months of when the leave began is considered to have a consecutive teaching experience 
89.26 	for purposes of paragraph (a) if the probationary teacher completes a combined total of 
89.27 	three years of teaching service immediately before and after the leave.
89.28 	(d) A probationary teacher must complete at least 120 days of teaching service each year 
89.29 	during the probationary period. Days devoted to parent-teacher conferences, teachers' 
89.30 	workshops, and other staff development opportunities and days on which a teacher is absent 
89.31 	from school do not count as days of teaching service under this paragraph.
89.32 	(e) Notwithstanding any law to the contrary, a teacher who has taught for three 
89.33 	consecutive years in a single school district or charter school in Minnesota or another state 
89.34 	must serve a probationary period no longer than one year in a Minnesota school district.

90.1 	EFFECTIVE DATE. This section is effective for collective bargaining agreements 
90.2 	effective July 1, 2023, and thereafter.

90.3 	Sec. 14. Minnesota Statutes 2020, section 122A.41, subdivision 5, is amended to read:
90.4 		Subd. 5.Development, evaluation, and peer coaching for continuing contract 
90.5 	teachers. (a) To improve student learning and success, a school board and an exclusive 
90.6 	representative of the teachers in the district, consistent with paragraph (b), may develop an 
90.7 	annual teacher evaluation and peer review process for probationary and nonprobationary 
90.8 	teachers through joint agreement. If a school board and the exclusive representative of the 
90.9 	teachers in the district do not agree to an annual teacher evaluation and peer review process, 
90.10 	then the school board and the exclusive representative of the teachers must implement the 
90.11 	state teacher evaluation plan developed under paragraph (c). The process must include 
90.12 	having trained observers serve as peer coaches or having teachers participate in professional 
90.13 	learning communities, consistent with paragraph (b).
90.14 	(b) To develop, improve, and support qualified teachers and effective teaching practices 
90.15 	and improve student learning and success, and provide all enrolled students in a district or 
90.16 	school with improved and equitable access to more effective and diverse teachers, the annual 
90.17 	evaluation process for teachers:
90.18 	(1) must, for probationary teachers, provide for all evaluations required under subdivision 
90.19 	2;
90.20 	(2) must establish a three-year professional review cycle for each teacher that includes 
90.21 	an individual growth and development plan, a peer review process, and at least one 
90.22 	summative evaluation performed by a qualified and trained evaluator such as a school 
90.23 	administrator;
90.24 	(3) must be based on professional teaching standards established in rule create, adopt, 
90.25 	or revise a rubric of performance standards for teacher practice that (i) is based on 
90.26 	professional teaching standards established in rule, (ii) includes culturally responsive 
90.27 	methodologies, and (iii) provides common descriptions of effectiveness using at least three 
90.28 	levels of performance;
90.29 	(4) must coordinate staff development activities under sections 122A.60 and 122A.61 
90.30 	with this evaluation process and teachers' evaluation outcomes;
90.31 	(5) may provide time during the school day and school year for peer coaching and teacher 
90.32 	collaboration;
91.1 	(6) may include job-embedded learning opportunities such as professional learning 
91.2 	communities;
91.3 	(7) may include mentoring and induction programs for teachers, including teachers who 
91.4 	are members of populations underrepresented among the licensed teachers in the district or 
91.5 	school and who reflect the diversity of students under section 120B.35, subdivision 3, 
91.6 	paragraph (b), clause (2), who are enrolled in the district or school;
91.7 	(8) must include an option for teachers to develop and present a portfolio demonstrating 
91.8 	evidence of reflection and professional growth, consistent with section 122A.187, subdivision 
91.9 	3, and include teachers' own performance assessment based on student work samples and 
91.10 	examples of teachers' work, which may include video among other activities for the 
91.11 	summative evaluation;
91.12 	(9) must use data from valid and reliable assessments aligned to state and local academic 
91.13 	standards and must use state and local measures of student growth and literacy that may 
91.14 	include value-added models or student learning goals to determine 35 percent of teacher 
91.15 	evaluation results;
91.16 	(10) must use longitudinal data on student engagement and connection and other student 
91.17 	outcome measures explicitly aligned with the elements of curriculum for which teachers 
91.18 	are responsible, including academic literacy, oral academic language, and achievement of 
91.19 	English learners;
91.20 	(11) must require qualified and trained evaluators such as school administrators to 
91.21 	perform summative evaluations and ensure school districts and charter schools provide for 
91.22 	effective evaluator training specific to teacher development and evaluation;
91.23 	(12) must give teachers not meeting professional teaching standards under clauses (3) 
91.24 	through (11) support to improve through a teacher improvement process that includes 
91.25 	established goals and timelines; and
91.26 	(13) must discipline a teacher for not making adequate progress in the teacher 
91.27 	improvement process under clause (12) that may include a last chance warning, termination, 
91.28 	discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline 
91.29 	a school administrator determines is appropriate.
91.30 	Data on individual teachers generated under this subdivision are personnel data under 
91.31 	section 13.43. The observation and interview notes of peer coaches may only be disclosed 
91.32 	to other school officials with the consent of the teacher being coached.
92.1 	(c) The department, in consultation with parents who may represent parent organizations 
92.2 	and teacher and administrator representatives appointed by their respective organizations, 
92.3 	representing the Professional Educator Licensing and Standards Board, the Minnesota 
92.4 	Association of School Administrators, the Minnesota School Boards Association, the 
92.5 	Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and 
92.6 	representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, 
92.7 	the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with 
92.8 	research expertise in teacher evaluation, must create and publish a teacher evaluation process 
92.9 	that complies with the requirements in paragraph (b) and applies to all teachers under this 
92.10 	section and section 122A.40 for whom no agreement exists under paragraph (a) for an annual 
92.11 	teacher evaluation and peer review process. The teacher evaluation process created under 
92.12 	this subdivision does not create additional due process rights for probationary teachers under 
92.13 	subdivision 2.
92.14 	(d) Consistent with the measures of teacher effectiveness under this subdivision:
92.15 	(1) for students in kindergarten through grade 4, a school administrator must not place 
92.16 	or approve the placement of a student in the classroom of a teacher who is in the improvement 
92.17 	process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, 
92.18 	in the prior year, that student was in the classroom of a teacher who received discipline 
92.19 	pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that 
92.20 	grade; and
92.21 	(2) for students in grades 5 through 12, a school administrator must not place or approve 
92.22 	the placement of a student in the classroom of a teacher who is in the improvement process 
92.23 	referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the 
92.24 	prior year, that student was in the classroom of a teacher who received discipline pursuant 
92.25 	to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area 
92.26 	and grade.
92.27 	All data created and used under this paragraph retains its classification under chapter 13.

92.28 	Sec. 15. Minnesota Statutes 2020, section 122A.41, is amended by adding a subdivision 
92.29 	to read:
92.30 		Subd. 16.Hiring and dismissal. A school district must report all new teacher hires and 
92.31 	terminations, including layoffs, by race and ethnicity annually to the Professional Educator 
92.32 	Licensing and Standards Board. The report must not include data that would personally 
92.33 	identify individuals.

93.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

93.2 	Sec. 16. Minnesota Statutes 2020, section 122A.50, is amended to read:
93.3 	122A.50 PREPARATION TIME.
93.4 		Subdivision 1.Preparation time. Beginning with agreements effective July 1, 1995, 
93.5 	and thereafter, all collective bargaining agreements for teachers provided for under chapter 
93.6 	179A, must include provisions for preparation time or a provision indicating that the parties 
93.7 	to the agreement chose not to include preparation time in the contract.
93.8 	If the parties cannot agree on preparation time the following provision shall apply and 
93.9 	be incorporated as part of the agreement: "Within the student day for every 25 minutes of 
93.10 	classroom instructional time, a minimum of five additional minutes of preparation time 
93.11 	shall be provided to each licensed teacher. Preparation time shall be provided in one or two 
93.12 	uninterrupted blocks during the student day. Exceptions to this may be made by mutual 
93.13 	agreement between the district and the exclusive representative of the teachers."
93.14 		Subd. 2.Due process forms and procedures time. (a) Beginning with the 2022-2023 
93.15 	school year, all collective bargaining agreements for teachers provided for under chapter 
93.16 	179A must include provisions for due process forms and procedures time for educators 
93.17 	assigned to teach or provide services to students with individualized family service plans 
93.18 	or individualized education programs. This time is in addition to the preparation time under 
93.19 	subdivision 1.
93.20 	(b) If the parties cannot agree on due process forms and procedures time, the following 
93.21 	provisions shall apply and be incorporated as part of the agreement: "Within the student 
93.22 	day and over the course of the week, special educators must receive an average of 60 minutes 
93.23 	per day as time for due process forms and procedures duties in addition to the required 
93.24 	preparation time."
93.25 	(c) If the collective bargaining agreement already provides an amount of time equivalent 
93.26 	to 300 minutes for due process forms and procedures plus the required preparation time in 
93.27 	subdivision 1, the district shall not be required to add additional due process forms and 
93.28 	procedures time.

93.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

94.1 	Sec. 17. Minnesota Statutes 2020, section 122A.635, is amended to read:
94.2 	122A.635 COLLABORATIVE URBAN AND GREATER MINNESOTA 
94.3 	EDUCATORS OF COLOR GRANT PROGRAM.
94.4 		Subdivision 1.Establishment. The Professional Educator Licensing and Standards 
94.5 	Board must award competitive grants to increase the number of teacher candidates who are 
94.6 	of color or who are American Indian, complete teacher preparation programs, and meet the 
94.7 	requirements for a Tier 3 license under section 122A.183. Eligibility for a grant under this 
94.8 	section is limited to public or private higher education institutions that offer a teacher 
94.9 	preparation program approved by the Professional Educator Licensing and Standards Board.
94.10 		Subd. 2.Competitive grants. (a) The Professional Educator Licensing and Standards 
94.11 	Board must award competitive grants to a variety of higher education institution types under 
94.12 	this section. The board must require an applicant institution to submit a plan describing how 
94.13 	it would use grant funds to increase the number of teachers who are of color or who are 
94.14 	American Indian, and must award grants based on the following criteria, listed in descending 
94.15 	order of priority:
94.16 	(1) the number of teacher candidates being supported in the program who are of color 
94.17 	or who are American Indian;
94.18 	(2) (1) program outcomes, including graduation or program completion rates, and
94.19 	licensure recommendation rates, and placement rates for candidates who are of color or 
94.20 	who are American Indian compared to all candidates enrolled in a teacher preparation 
94.21 	program at the institution and, for each outcome measure, the number of those teacher 
94.22 	candidates who are of color or who are American Indian; and
94.23 	(3) the percent of racially and ethnically diverse teacher candidates enrolled in the 
94.24 	institution compared to:
94.25 	(i) the total percent of students of color and American Indian students enrolled at the 
94.26 	institution, regardless of major; and
94.27 	(ii) the percent of underrepresented racially and ethnically diverse teachers in the 
94.28 	economic development region of the state where the institution is located and where a 
94.29 	shortage of diverse teachers exists, as reported under section 122A.091, subdivision 5.
94.30 	(2) the extent to which an institution's plan is clear in describing how the institution 
94.31 	would use grant funds for implementing explicit research-based practices to provide 
94.32 	programmatic support to teacher candidates who are of color or who are American Indian. 
94.33 	Plans for grant funds may include:
95.1 	(i) recruiting more racially and ethnically diverse candidates for admission to teacher 
95.2 	preparation programs;
95.3 	(ii) providing differentiated advising, mentoring, or other supportive community-building 
95.4 	activities in addition to what the institution provides to all candidates enrolled in the 
95.5 	institution;
95.6 	(iii) providing academic tutoring or support to help teacher candidates pass required 
95.7 	assessments; and
95.8 	(iv) providing for program staffing expenses;
95.9 	(3) an institution's plan to provide direct financial assistance as scholarships or stipends 
95.10 	within the allowable dollar range determined by the board under subdivision 3, paragraph 
95.11 	(b), to teacher candidates who are of color or who are American Indian;
95.12 	(b) The board must give priority in awarding grants under this section to institutions that 
95.13 	received grants under Laws 2017, First Special Session chapter 5, article 2, section 57, 
95.14 	subdivision 27, and have demonstrated continuing success at recruiting, retaining, graduating, 
95.15 	and inducting (4) whether the institution has previously received a competitive grant under 
95.16 	this section and has demonstrated positive outcomes from the use of grant funds for efforts 
95.17 	helping teacher candidates who are of color or who are American Indian. to enroll in and 
95.18 	successfully complete teacher preparation programs and be recommended for licensure;
95.19 	(5) geographic diversity among the institutions. In order to expand the number of grant 
95.20 	recipients throughout the state, whenever there is at least a 20 percent increase in the base 
95.21 	appropriation for this grant program, the board must prioritize awarding grants to institutions 
95.22 	outside of the Twin Cities metropolitan area. If the board awards a competitive grant based 
95.23 	on the criteria in paragraph (a) to a program that has not previously received funding, the 
95.24 	board must thereafter give priority to the program equivalent to other programs given priority 
95.25 	under this paragraph. that have received grants and demonstrated positive outcomes; and
95.26 	(6) the percentage of racially and ethnically diverse teacher candidates enrolled in the 
95.27 	institution compared to:
95.28 	(i) the aggregate percentage of students of color and American Indian students enrolled 
95.29 	in the institution, regardless of major; and
95.30 	(ii) the percentage of underrepresented racially and ethnically diverse teachers in the 
95.31 	economic development region of the state where the institution is located and where a 
95.32 	shortage of diverse teachers exists, as reported under section 122A.091, subdivision 5.
96.1 	(b) The board must not penalize an applicant institution in the grant review process for 
96.2 	using grant funds only to provide direct financial support to teacher candidates if that is the 
96.3 	institution's priority and the institution uses other resources to provide programmatic support 
96.4 	to candidates.
96.5 	(c) The board must determine award amounts for development, maintenance and, or
96.6 	expansion of programs based only on the degree to which applicants meet the criteria in 
96.7 	this subdivision, the number of candidates who are of color or who are American Indian
96.8 	supported by an applicant program, sustaining support for those candidates, and funds 
96.9 	available.
96.10 	(d) The board must determine grant awards in part by multiplying the number of teacher 
96.11 	candidates to be provided direct financial assistance by the average amount the institution 
96.12 	proposes per candidate that is within the allowable dollar range. After assessing an 
96.13 	institution's adherence to grant criteria and funds available, the board may grant an institution 
96.14 	a lower average amount per candidate and the institution may decide to award less per 
96.15 	candidate or provide financial assistance to fewer candidates within the allowable range. 
96.16 	Additionally, an institution may use up to 25 percent of the awarded grant funds to provide 
96.17 	programmatic support as described in paragraph (a), clause (3). If the board does not award 
96.18 	an applicant institution's full request, the board must allow the institution to modify how it 
96.19 	uses grant funds to maximize program outcomes consistent with the requirements of this 
96.20 	section.
96.21 		Subd. 3.Grant program administration. (a) The Professional Educator Licensing and 
96.22 	Standards Board may enter into an interagency agreement with the Office of Higher 
96.23 	Education. The agreement may include a transfer of funds to the Office of Higher Education 
96.24 	to help establish and administer the competitive grant process. The board must award grants 
96.25 	to institutions located in various economic development regions throughout the state, but 
96.26 	must not predetermine the number of institutions to be awarded grants under this section 
96.27 	or set a limit for the amount that any one institution may receive as part of the competitive 
96.28 	grant application process.
96.29 	(b) The board must establish a standard allowable dollar range for the amount of direct 
96.30 	financial assistance an applicant institution may provide to each candidate. To determine 
96.31 	the range, the board may collect de-identified data from institutions that received a grant 
96.32 	during the previous grant period and calculate the average scholarship amount awarded to 
96.33 	all candidates across all institutions using the most recent fiscal year data available. The 
96.34 	calculation may be used to determine a scholarship range that is no more than 25 percent 
96.35 	than this amount and no less than half the average of this amount. The purpose of direct 
97.1 	financial assistance is to assist candidates matriculating through completing licensure 
97.2 	programs if they demonstrate financial need after considering other grants and scholarships 
97.3 	provided.
97.4 	(c) All grants must be awarded by August 15 of the fiscal year in which the grants are 
97.5 	to be used except that, for initial competitive grants awarded for fiscal year 2020, grants 
97.6 	must be awarded by September 15. An institution that receives a grant under this section 
97.7 	may use the grant funds over a two- to four-year period to sustain support for teacher 
97.8 	candidates at any stage from recruitment and program admission to graduation and licensure 
97.9 	application.
97.10 		Subd. 4.Report. (a) By JanuaryJuly 15 of each year, an institution awarded a grant 
97.11 	under this section must prepare for the legislature and the board a detailed report regarding 
97.12 	the expenditure of grant funds, including the amounts used to recruit, retain, and induct
97.13 	support teacher candidates of color or who are American Indian teacher candidates to 
97.14 	complete programs and be recommended for licensure. The report must include:
97.15 	(1) the total number of teacher candidates of color, disaggregated by race or ethnic group, 
97.16 	who and American Indian teacher candidates who:
97.17 	(i) are enrolled in the institution;
97.18 	(ii) are supported by grant funds with direct financial assistance during the academic 
97.19 	reporting year;
97.20 	(iii) are supported with other programmatic supports;
97.21 	(iv) are recruited to the institution, are and newly admitted to the a licensure program, 
97.22 	are enrolled in the;
97.23 	(v) are enrolled in a licensure program;
97.24 	(vi) have completed a licensure program, have completed student teaching, have 
97.25 	graduated, are licensed, and are newly employed as Minnesota teachers in their licensure 
97.26 	field. A grant recipient must report; and
97.27 	(vii) were recommended for licensure in the field for which they were prepared;
97.28 	(2) the total number of teacher candidates of color or who are American Indian teacher 
97.29 	candidates at each stage from recruitment program admission to licensed teaching licensure 
97.30 	recommendation as a percentage of total all candidates seeking the same licensure at the 
97.31 	institution.; and
98.1 	(3) a brief narrative describing the successes and challenges of efforts proposed in the 
98.2 	grant application to support candidates with grant funds, and lessons learned for future 
98.3 	efforts.
98.4 	(b) By September 1 of each year, the board must post a report on its website summarizing 
98.5 	the activities and outcomes of grant recipients and results that promote sharing of effective 
98.6 	practices and lessons learned among grant recipients.

98.7 	Sec. 18. Minnesota Statutes 2021 Supplement, section 122A.70, is amended to read:
98.8 	122A.70 TEACHER MENTORSHIP AND RETENTION OF EFFECTIVE 
98.9 	TEACHERS.
98.10 		Subdivision 1.Teacher mentoring, induction, and retention programs. (a) School 
98.11 	districts must develop teacher mentoring programs for teachers new to the profession or 
98.12 	district, including teaching residents, teachers of color, teachers who are American Indian, 
98.13 	teachers in license shortage areas, teachers with special needs, or experienced teachers in 
98.14 	need of peer coaching.
98.15 	(b) Teacher mentoring programs must be included in or aligned with districts' teacher 
98.16 	evaluation and peer review processes under sections 122A.40, subdivision 8, and 122A.41, 
98.17 	subdivision 5. A district may use staff development revenue under section 122A.61, special 
98.18 	grant programs established by the legislature, or another funding source to pay a stipend to 
98.19 	a mentor who may be a current or former teacher who has taught at least three years and is 
98.20 	not on an improvement plan. Other initiatives using such funds or funds available under 
98.21 	sections 124D.861 and 124D.862 may include:
98.22 	(1) additional stipends as incentives to mentors of color or who are American Indian;
98.23 	(2) financial supports for professional learning community affinity groups across schools 
98.24 	within and between districts for teachers from underrepresented racial and ethnic groups to 
98.25 	come together throughout the school year. For purposes of this section, "affinity groups" 
98.26 	are groups of educators who share a common racial or ethnic identity in society as persons 
98.27 	of color or who are American Indian;
98.28 	(3) programs for induction aligned with the district or school mentorship program during 
98.29 	the first three years of teaching, especially for teachers from underrepresented racial and 
98.30 	ethnic groups; or
98.31 	(4) grants supporting licensed and nonlicensed educator participation in professional 
98.32 	development, such as workshops and graduate courses, related to increasing student 
99.1 	achievement for students of color and American Indian students in order to close opportunity 
99.2 	and achievement gaps.
99.3 	(c) A school or district that receives a grant must negotiate additional retention strategies 
99.4 	or protection from unrequested leave of absences in the beginning years of employment for 
99.5 	teachers of color and teachers who are American Indian. Retention strategies may include 
99.6 	providing financial incentives for teachers of color and teachers who are American Indian 
99.7 	to work in the school or district for at least five years and placing American Indian educators 
99.8 	at sites with other American Indian educators and educators of color at sites with other 
99.9 	educators of color to reduce isolation and increase opportunity for collegial support.
99.10 		Subd. 2.Board grants. The Professional Educator Licensing and Standards Board must 
99.11 	make grant application forms available to sites interested in developing, sustaining, or 
99.12 	expanding a mentorship program. A school district; a or group of school districts; a coalition 
99.13 	of districts, teachers, and teacher education institutions; or, a school or coalition of schools, 
99.14 	or a coalition of teachers, or nonlicensed educators may apply for a program grant. A higher 
99.15 	education institution or nonprofit organization may partner with a grant applicant but is not 
99.16 	eligible as a sole applicant for grant funds. The Professional Educator Licensing and 
99.17 	Standards Board, in consultation with the teacher mentoring task force, must approve or 
99.18 	disapprove the applications. To the extent possible, the approved applications must reflect 
99.19 	effective mentoring, professional development, and retention components, and be 
99.20 	geographically distributed throughout the state. The Professional Educator Licensing and 
99.21 	Standards Board must encourage the selected sites to consider the use of its assessment 
99.22 	procedures.
99.23 		Subd. 2a.Funded work. (a) Grant funds may be used for the following:
99.24 	(1) additional stipends as incentives to mentors who are of color or who are American 
99.25 	Indian;
99.26 	(2) financial supports for professional learning community affinity groups across schools 
99.27 	within and between districts for educators from underrepresented racial and ethnic groups 
99.28 	to come together throughout the school year. For purposes of this section, "affinity groups" 
99.29 	mean groups of licensed and nonlicensed educators who share a common racial or ethnic 
99.30 	identity in society as persons who are of color or who are American Indian;
99.31 	(3) programs for induction aligned with the district or school mentorship program during 
99.32 	the first three years of teaching, especially for teachers from underrepresented racial and 
99.33 	ethnic groups;
100.1 	(4) professional development focused on ways to close opportunity and achievement 
100.2 	gaps for students of color and American Indian students; or
100.3 	(5) for teachers of color and American Indian teachers, graduate courses toward a first 
100.4 	master's degree in a field related to their licensure or toward an additional license.
100.5 	(b) A charter school or district that receives a grant must negotiate additional retention 
100.6 	strategies or protection from unrequested leaves of absence in the beginning years of 
100.7 	employment for teachers who are of color or who are American Indian. Retention strategies 
100.8 	may include providing financial incentives for teachers of color and teachers who are 
100.9 	American Indian to work in the school or district for at least five years and placing American 
100.10 	Indian educators at sites with other American Indian educators and educators of color at 
100.11 	sites with other educators of color to reduce isolation and increase opportunity for collegial 
100.12 	support.
100.13 		Subd. 3.Criteria for selection. (a) At a minimum, applicants for grants under subdivision 
100.14 	2 must express commitment to:
100.15 	(1) allow staff participation;
100.16 	(2) assess skills of both beginning and mentor teachers;
100.17 	(3) provide appropriate in-service to needs identified in the assessment;
100.18 	(4) provide leadership to the effort;
100.19 	(5) cooperate with higher education institutions or teacher educators;
100.20 	(6) provide facilities and other resources;
100.21 	(7) share findings, materials, and techniques with other school districts; and
100.22 	(8) retain teachers of color and teachers who are American Indian.
100.23 	(b) The Professional Educator Licensing and Standards Board must give priority to 
100.24 	applications to fund programs to induct, mentor, and retain Tier 2 or Tier 3 teachers who 
100.25 	are of color or who are American Indian, and Tier 2 or Tier 3 teachers in licensure shortage 
100.26 	areas within the applicant's economic development region.
100.27 		Subd. 4.Additional funding. Grant applicants must seek additional funding and 
100.28 	assistance from sources such as school districts, postsecondary institutions, foundations, 
100.29 	and the private sector.
100.30 		Subd. 5.Program implementation. A grant recipient may use grant funds on 
100.31 	implementing activities over a period of time up to 24 months. New and expanding 
101.1 	mentorship sites that receive a board grant under subdivision 2 to design, develop, implement, 
101.2 	and evaluate their program must participate in activities that support program development 
101.3 	and implementation.
101.4 		Subd. 6.Report. By June September 30 of each year after receiving a grant, recipients 
101.5 	must submit a report to the Professional Educator Licensing and Standards Board on program 
101.6 	efforts that describes mentoring and induction activities and assesses the impact of these 
101.7 	programs on teacher effectiveness and retention.

101.8 	EFFECTIVE DATE. This section is effective July 1, 2022.

101.9 	Sec. 19. Minnesota Statutes 2020, section 123B.147, subdivision 3, is amended to read:
101.10 		Subd. 3.Duties; evaluation. (a) The principal shall provide administrative, supervisory, 
101.11 	and instructional leadership services, under the supervision of the superintendent of schools 
101.12 	of the district and according to the policies, rules, and regulations of the school board, for 
101.13 	the planning, management, operation, and evaluation of the education program of the building 
101.14 	or buildings to which the principal is assigned.
101.15 	(b) To enhance a principal's culturally responsive leadership skills and support and 
101.16 	improve teaching practices, school performance, and student achievement for diverse student 
101.17 	populations, including at-risk students, children with disabilities, English learners, and gifted 
101.18 	students, among others, a district must develop and implement a performance-based system 
101.19 	for annually evaluating school principals assigned to supervise a school building within the 
101.20 	district. The evaluation must be designed to improve teaching and learning by supporting 
101.21 	the principal in shaping the school's professional environment and developing teacher 
101.22 	quality, performance, and effectiveness. The annual evaluation must:
101.23 	(1) support and improve a principal's instructional leadership, organizational management, 
101.24 	and professional development, and strengthen the principal's capacity in the areas of 
101.25 	instruction, supervision, evaluation, and teacher development;
101.26 	(2) support and improve a principal's culturally responsive leadership practices that 
101.27 	create inclusive and respectful teaching and learning environments for all students, families, 
101.28 	and employees;
101.29 	(2) (3) include formative and summative evaluations based on multiple measures of 
101.30 	student progress toward career and college readiness;
101.31 	(3) (4) be consistent with a principal's job description, a district's long-term plans and 
101.32 	goals, and the principal's own professional multiyear growth plans and goals, all of which 
102.1 	must support the principal's leadership behaviors and practices, rigorous curriculum, school 
102.2 	performance, and high-quality instruction;
102.3 	(4) (5) include on-the-job observations and previous evaluations;
102.4 	(5) (6) allow surveys to help identify a principal's effectiveness, leadership skills and 
102.5 	processes, and strengths and weaknesses in exercising leadership in pursuit of school success;
102.6 	(6) (7) use longitudinal data on student academic growth as 35 percent of the evaluation 
102.7 	and incorporate district achievement goals and targets;
102.8 	(7) (8) be linked to professional development that emphasizes improved teaching and 
102.9 	learning, curriculum and instruction, student learning, culturally responsive leadership 
102.10 	practices, and a collaborative professional culture; and
102.11 	(8) (9) for principals not meeting standards of professional practice or other criteria 
102.12 	under this subdivision, implement a plan to improve the principal's performance and specify 
102.13 	the procedure and consequence if the principal's performance is not improved.
102.14 	The provisions of this paragraph are intended to provide districts with sufficient flexibility 
102.15 	to accommodate district needs and goals related to developing, supporting, and evaluating 
102.16 	principals.

102.17 	EFFECTIVE DATE. This section is effective July 1, 2023.

102.18 	Sec. 20. TEACHER SUPPLY AND DEMAND REPORT.
 102.19 	(a) By February 1, 2023, the Professional Educator Licensing and Standards Board must 
102.20 	include in the report required under Minnesota Statutes, section 122A.091, subdivision 5, 
102.21 	the number of teacher openings, by school district, for teachers with licenses in the following 
102.22 	fields:
102.23 	(1) English as a second language;
102.24 	(2) early childhood;
102.25 	(3) special education;
102.26 	(4) career and technical education;
102.27 	(5) science, technology, engineering, arts, and math; and
102.28 	(6) world languages.
103.1 	(b) For each field listed in paragraph (a), the report must also include the number of 
103.2 	teachers hired, by school district, at each license tier level, and the number of teacher 
103.3 	assignments the school district was unable to fill with a licensed teacher.

103.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

103.5 	ARTICLE 4
103.6 	CHARTER SCHOOLS

103.7 	Section 1. Minnesota Statutes 2020, section 124E.02, is amended to read:
103.8 	124E.02 DEFINITIONS.
103.9 	(a) For purposes of this chapter, the terms defined in this section have the meanings 
103.10 	given them.
103.11 	(b) "Affidavit" means a written statement the authorizer submits to the commissioner 
103.12 	for approval to establish a charter school under section 124E.06, subdivision 4, attesting to 
103.13 	its review and approval process before chartering a school.
103.14 	(c) "Affiliate" means a person that directly or indirectly, through one or more 
103.15 	intermediaries, controls, is controlled by, or is under common control with another person.
103.16 	(d) "Charter management organization" means any nonprofit entity that contracts with 
103.17 	a charter school board of directors to provide, manage, or oversee all or substantially all of 
103.18 	the charter school's educational program design or implementation, or the charter school's 
103.19 	administrative, financial, business, or operational functions.
103.20 	(d) (e) "Control" means the ability to affect the management, operations, or policy actions 
103.21 	or decisions of a person, whether by owning voting securities, by contract, or otherwise.
103.22 	(f) "Education management organization" means any for-profit entity that contracts with 
103.23 	a charter school board of directors to provide, manage, or oversee all or substantially all of 
103.24 	the charter school's educational program design or implementation, or the charter school's 
103.25 	administrative, financial, business, or operational functions.
103.26 	(e) (g) "Immediate family" means an individual whose relationship by blood, marriage, 
103.27 	adoption, or partnership is no more remote than first cousin.
103.28 	(h) "Market need and demand study" means a study that, for the proposed locations of 
103.29 	the school or additional site, includes the following:
103.30 	(1) current and projected demographic information of student populations in the 
103.31 	geographic area;
104.1 	(2) current student enrollment patterns in the geographic area;
104.2 	(3) information on existing schools and types of educational programs currently available;
104.3 	(4) documentation of the plan for outreach to diverse and underrepresented populations;
104.4 	(5) information on the availability of properly zoned and classified facilities; and
104.5 	(6) quantification of existing demand for the new school or site expansion.
104.6 	(i) "Online education service provider" means an organization that provides the online 
104.7 	learning management system, virtual learning environment, or online student management 
104.8 	system and services for the implementation and operation of the online education program.
104.9 	(f) (j) "Person" means an individual or entity of any kind.
104.10 	(g) (k) "Related party" means an affiliate or immediate relative of the other interested 
104.11 	party, an affiliate of an immediate relative who is the other interested party, or an immediate 
104.12 	relative of an affiliate who is the other interested party.
104.13 	(h) (l) For purposes of this chapter, the terms defined in section 120A.05 have the same 
104.14 	meanings.

104.15 	Sec. 2. Minnesota Statutes 2020, section 124E.03, subdivision 2, is amended to read:
104.16 		Subd. 2.Certain federal, state, and local requirements. (a) A charter school shall 
104.17 	meet all federal, state, and local health and safety requirements applicable to school districts.
104.18 	(b) A school must comply with statewide accountability requirements governing standards 
104.19 	and assessments in chapter 120B.
104.20 	(c) A charter school must comply with the Minnesota Public School Fee Law, sections 
104.21 	123B.34 to 123B.39.
104.22 	(d) A charter school is a district for the purposes of tort liability under chapter 466.
104.23 	(e) A charter school must comply with the Pledge of Allegiance requirement under 
104.24 	section 121A.11, subdivision 3.
104.25 	(f) A charter school and charter school board of directors must comply with chapter 181 
104.26 	governing requirements for employment.
104.27 	(g) A charter school must comply with continuing truant notification under section 
104.28 	260A.03.
104.29 	(h) A charter school must develop and implement a teacher evaluation and peer review 
104.30 	process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place 
105.1 	students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d). 
105.2 	The teacher evaluation process in this paragraph does not create any additional employment 
105.3 	rights for teachers.
105.4 	(i) A charter school must adopt a policy, plan, budget, and process, consistent with 
105.5 	section 120B.11, to review curriculum, instruction, and student achievement and strive for 
105.6 	the world's best workforce.
105.7 	(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act, 
105.8 	sections 121A.40 to 121A.56, and section 121A.575.

105.9 	Sec. 3. Minnesota Statutes 2020, section 124E.03, is amended by adding a subdivision to 
105.10 	read:
105.11 		Subd. 9.English learners. A charter school is subject to and must comply with the 
105.12 	Education for English Learners Act, sections 124D.58 to 124D.64 as though it were a district.

105.13 	Sec. 4. Minnesota Statutes 2020, section 124E.05, subdivision 4, is amended to read:
105.14 		Subd. 4.Application content. (a) To be approved as an authorizer, an applicant must 
105.15 	include in its application to the commissioner at least the following:
105.16 	(1) how the organization carries out its mission by chartering schools;
105.17 	(2) a description of the capacity of the organization to serve as an authorizer, including 
105.18 	the positions allocated to authorizing duties, the qualifications for those positions, the 
105.19 	full-time equivalencies of those positions, and the financial resources available to fund the 
105.20 	positions;
105.21 	(3) the application and review process the authorizer uses to decide whether to grant 
105.22 	charters;
105.23 	(4) the type of contract it arranges with the schools it charters to meet the provisions of 
105.24 	section 124E.10;
105.25 	(5) the process for overseeing the school, consistent with clause (4), to ensure that the 
105.26 	schools chartered comply with applicable law and rules and the contract;
105.27 	(6) the criteria and process the authorizer uses to approve applications adding grades or 
105.28 	sites under section 124E.06, subdivision 5;
105.29 	(7) the process for renewing or terminating the school's charter based on evidence 
105.30 	showing the academic, organizational, and financial competency of the school, including 
106.1 	its success in increasing student achievement and meeting the goals of the charter school 
106.2 	agreement; and
106.3 	(8) an assurance specifying that the organization is committed to serving as an authorizer 
106.4 	for the full five-year term until the organization formally withdraws as an approved authorizer 
106.5 	under subdivision 7 or the commissioner terminates the organization's ability to authorize 
106.6 	charter schools under subdivision 6.
106.7 	(b) Notwithstanding paragraph (a), an authorizer that is a school district may satisfy the 
106.8 	requirements of paragraph (a), clauses (1) and (2), and any requirement governing a conflict 
106.9 	of interest between an authorizer and its charter schools or ongoing evaluation or continuing 
106.10 	education of an administrator or other professional support staff by submitting to the 
106.11 	commissioner a written promise to comply with the requirements.

106.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

106.13 	Sec. 5. Minnesota Statutes 2020, section 124E.05, subdivision 7, is amended to read:
106.14 		Subd. 7.Withdrawal. If the governing board of an approved authorizer votes to withdraw 
106.15 	as an approved authorizer for a reason unrelated to any cause under section 124E.10, 
106.16 	subdivision 4 subdivision 6, the authorizer must notify all its chartered schools and the 
106.17 	commissioner in writing by March 1 of its intent to withdraw as an authorizer on June 30 
106.18 	in the next calendar year, regardless of when the authorizer's five-year term of approval 
106.19 	ends. Upon notification of the schools and commissioner, the authorizer must provide a 
106.20 	letter to the school for distribution to families of students enrolled in the school that explains 
106.21 	the decision to withdraw as an authorizer. The commissioner may approve the transfer of 
106.22 	a charter school to a new authorizer under section 124E.10, subdivision 5.

106.23 	Sec. 6. Minnesota Statutes 2020, section 124E.06, subdivision 1, is amended to read:
106.24 		Subdivision 1.Individuals eligible to organize. (a) An authorizer, after receiving an 
106.25 	application from a charter school developer, may charter either a licensed teacher under 
106.26 	section 122A.18, subdivision 1, or a group of individuals that includes one or more licensed 
106.27 	teachers under section 122A.18, subdivision 1, to operate a school subject to the 
106.28 	commissioner's approval of the authorizer's affidavit under subdivision 4.
106.29 	(b) "Application" under this section means the charter school business plan a charter 
106.30 	school developer submits to an authorizer for approval to establish a charter school. This 
106.31 	application must include:
106.32 	(1) the school developer's:
107.1 	(i) mission statement;
107.2 	(ii) school purposes;
107.3 	(iii) program design;
107.4 	(iv) market need and demand study;
107.5 	(iv) (v) financial plan;
107.6 	(v) (vi) governance and management structure; and
107.7 	(vi) (vii) background and experience; and
107.8 	(2) any other information the authorizer requests; and.
107.9 	(3) a "statement of assurances" of legal compliance prescribed by the commissioner.
107.10 	(c) An authorizer shall not approve an application submitted by a charter school developer 
107.11 	under paragraph (a) if the application does not comply with subdivision 3, paragraph (e), 
107.12 	and section 124E.01, subdivision 1. The commissioner shall not approve an affidavit 
107.13 	submitted by an authorizer under subdivision 4 if the affidavit does not comply with 
107.14 	subdivision 3, paragraph (e), and section 124E.01, subdivision 1.

107.15 	Sec. 7. Minnesota Statutes 2020, section 124E.06, subdivision 4, is amended to read:
107.16 		Subd. 4.Authorizer's affidavit; approval process. (a) Before an operator may establish 
107.17 	and operate a school, the authorizer must file an affidavit with the commissioner stating its 
107.18 	intent to charter a school. An authorizer must file a separate affidavit for each school it 
107.19 	intends to charter. An authorizer must file an affidavit at least 14 months before July 1 of 
107.20 	the year the new charter school plans to serve students. The affidavit must state:
107.21 	(1) the terms and conditions under which the authorizer would charter a school, including 
107.22 	the market need and demand study; and
107.23 	(2) how the authorizer intends to oversee:
107.24 	(i) the fiscal and student performance of the charter school; and
107.25 	(ii) compliance with the terms of the written contract between the authorizer and the 
107.26 	charter school board of directors under section 124E.10, subdivision 1.
107.27 	(b) The commissioner must approve or disapprove the authorizer's affidavit within 60 
107.28 	business days of receiving the affidavit. If the commissioner disapproves the affidavit, the 
107.29 	commissioner shall notify the authorizer of the deficiencies in the affidavit and the authorizer 
107.30 	then has 20 business days to address the deficiencies. The commissioner must notify the 
108.1 	authorizer of the commissioner's final approval or final disapproval within 15 business days 
108.2 	after receiving the authorizer's response to the deficiencies in the affidavit. If the authorizer 
108.3 	does not address deficiencies to the commissioner's satisfaction, the commissioner's 
108.4 	disapproval is final. An authorizer who fails to obtain the commissioner's approval is 
108.5 	precluded from chartering the school that is the subject of this affidavit.

108.6 	Sec. 8. Minnesota Statutes 2020, section 124E.06, subdivision 5, is amended to read:
108.7 		Subd. 5.Adding grades or sites. (a) A charter school may apply to the authorizer to 
108.8 	amend the school charter to add grades or primary enrollment sites beyond those defined 
108.9 	in the original affidavit approved by the commissioner. After approving the school's 
108.10 	application, the authorizer shall submit a supplemental affidavit in the form and manner 
108.11 	prescribed by the commissioner. The authorizer must file a supplemental affidavit to the 
108.12 	commissioner by October 1 to be eligible to add grades or sites in the next school year. The 
108.13 	supplemental affidavit must document to the authorizer's satisfaction:
108.14 	(1) the need for the additional grades or sites with supporting long-range enrollment 
108.15 	projections;
108.16 	(2) a longitudinal record of student academic performance and growth on statewide 
108.17 	assessments under chapter 120B or on other academic assessments that measure longitudinal 
108.18 	student performance and growth approved by the charter school's board of directors and 
108.19 	agreed upon with the authorizer;
108.20 	(3) a history of sound school finances and a plan to add grades or sites that sustains the 
108.21 	school's finances; and
108.22 	(4) board capacity to administer and manage the additional grades or sites.; and
108.23 	(5) for a site expansion, the market need and demand study.
108.24 	(b) The commissioner shall have 30 business days to review and comment on the 
108.25 	supplemental affidavit. The commissioner shall notify the authorizer in writing of any 
108.26 	deficiencies in the supplemental affidavit and the authorizer then has 20 business days to 
108.27 	address any deficiencies in the supplemental affidavit to the commissioner's satisfaction. 
108.28 	The commissioner must notify the authorizer of final approval or final disapproval within 
108.29 	15 business days after receiving the authorizer's response to the deficiencies in the affidavit. 
108.30 	The school may not add grades or sites until the commissioner has approved the supplemental 
108.31 	affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.

109.1 	Sec. 9. Minnesota Statutes 2020, section 124E.07, subdivision 3, is amended to read:
109.2 		Subd. 3.Membership criteria. (a) The ongoing charter school board of directors shall 
109.3 	have at least five nonrelated members and include: (1) at least one licensed teacher, as 
109.4 	defined in section 122A.06, subdivision 2, who is employed as a teacher at the school or 
109.5 	provides instruction under contract between the charter school and a cooperative; (2) at 
109.6 	least one parent or legal guardian of a student enrolled in the charter school who is not an 
109.7 	employee of the charter school; and (3) at least one interested community member who 
109.8 	resides in Minnesota, is not employed by the charter school, and does not have a child 
109.9 	enrolled in the school. The board structure may include a majority of teachers under this 
109.10 	paragraph or parents or community members, or it may have no clear majority. The chief 
109.11 	financial officer and the chief administrator may only serve as ex-officio nonvoting board 
109.12 	members. No charter school employees shall serve on the board other than teachers under 
109.13 	clause (1). Contractors providing facilities, goods, or services to a charter school shall not 
109.14 	serve on the board of directors of the charter school.
109.15 	(b) An individual is prohibited from serving as a member of the charter school board of 
109.16 	directors if: (1) the individual, an immediate family member, or the individual's partner is 
109.17 	a full or part owner or principal with a for-profit or nonprofit entity or independent contractor 
109.18 	with whom the charter school contracts, directly or indirectly, for professional services, 
109.19 	goods, or facilities; or (2) an immediate family member is an employee of the school. An 
109.20 	individual may serve as a member of the board of directors if no conflict of interest exists 
109.21 	under this paragraph, consistent with this section.
109.22 	(c) A violation of paragraph (b) renders a contract voidable at the option of the 
109.23 	commissioner or the charter school board of directors. A member of a charter school board 
109.24 	of directors who violates paragraph (b) is individually liable to the charter school for any 
109.25 	damage caused by the violation.
109.26 	(d) Any employee, agent, or board member of the authorizer who participates in initially 
109.27 	reviewing, approving, overseeing, evaluating, renewing, or not renewing the charter school 
109.28 	is ineligible to serve on the board of directors of a school chartered by that authorizer.

109.29 	Sec. 10. Minnesota Statutes 2020, section 124E.11, is amended to read:
109.30 	124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.
109.31 	(a) A charter school, including its preschool or prekindergarten program established 
109.32 	under section 124E.06, subdivision 3, paragraph (b), may limit admission to:
109.33 	(1) pupils within an age group or grade level;
110.1 	(2) pupils who are eligible to participate in the graduation incentives program under 
110.2 	section 124D.68; or
110.3 	(3) residents of a specific geographic area in which the school is located when the 
110.4 	majority of students served by the school are members of underserved populations.
110.5 	(b) A charter school, including its preschool or prekindergarten program established 
110.6 	under section 124E.06, subdivision 3, paragraph (b), shall enroll an eligible pupil who 
110.7 	submits a timely application, unless the number of applications exceeds the capacity of a 
110.8 	program, class, grade level, or building. In this case, pupils must be accepted by lot. The 
110.9 	charter school must develop and publish, including on its website, a lottery policy and 
110.10 	process that it must use when accepting pupils by lot.
110.11 	(c) Admission to a charter school is free to any person who resides within the state of 
110.12 	Minnesota and Minnesota students have enrollment preference over out-of-state residents. 
110.13 	A charter school shall give enrollment preference to a sibling of an enrolled pupil and to a 
110.14 	foster child of that pupil's parents and may give preference for enrolling children of the 
110.15 	school's staff before accepting other pupils by lot. A charter school that is located in Duluth 
110.16 	township in St. Louis County and admits students in kindergarten through grade 6 must 
110.17 	give enrollment preference to students residing within a five-mile radius of the school and 
110.18 	to the siblings of enrolled children. A charter school may give enrollment preference to 
110.19 	children currently enrolled in the school's free preschool or prekindergarten program under 
110.20 	section 124E.06, subdivision 3, paragraph (b), who are eligible to enroll in kindergarten in 
110.21 	the next school year.
110.22 	(d) A person shall not be admitted to a charter school (1) as a kindergarten pupil, unless 
110.23 	the pupil is at least five years of age on September 1 of the calendar year in which the school 
110.24 	year for which the pupil seeks admission commences; or (2) as a first grade student, unless 
110.25 	the pupil is at least six years of age on September 1 of the calendar year in which the school 
110.26 	year for which the pupil seeks admission commences or has completed kindergarten; except 
110.27 	that a charter school may establish and publish on its website a policy for admission of 
110.28 	selected pupils at an earlier age, consistent with the enrollment process in paragraphs (b) 
110.29 	and (c), and section 124D.02, subdivision 1.
110.30 	(e) Except as permitted in paragraph paragraphs (d) and (i), a charter school, including 
110.31 	its preschool or prekindergarten program established under section 124E.06, subdivision 
110.32 	3, paragraph (b), may not limit admission to pupils on the basis of intellectual ability, 
110.33 	measures of achievement or aptitude, or athletic ability and may not establish any criteria 
110.34 	or requirements for admission that are inconsistent with this section.
111.1 	(f) The charter school shall not distribute any services or goods of value to students, 
111.2 	parents, or guardians as an inducement, term, or condition of enrolling a student in a charter 
111.3 	school.
111.4 	(g) Once a student is enrolled in the school, the student is considered enrolled in the 
111.5 	school until the student formally withdraws or is expelled under the Pupil Fair Dismissal 
111.6 	Act in sections 121A.40 to 121A.56, except that children currently enrolled in the school's 
111.7 	fee-based preschool or prekindergarten program under section 124E.06, subdivision 3, 
111.8 	paragraph (b), who are eligible to enroll in kindergarten in the next school year must apply 
111.9 	for entry into kindergarten according to the provisions of this section. Out-of-state residents 
111.10 	must annually apply to and be admitted by the school according to the provisions of this 
111.11 	section.
111.12 	(h) A charter school with at least 90 percent of enrolled students who are eligible for 
111.13 	special education services and have a primary disability of deaf or hard-of-hearing may 
111.14 	enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1, 
111.15 	paragraph (a), and must comply with the federal Individuals with Disabilities Education 
111.16 	Act under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause 
111.17 	(iv).
111.18 	(i) A charter school serving at least 90 percent of enrolled students who are eligible for 
111.19 	special education services and have a primary disability of deaf, hard-of-hearing, or deafblind 
111.20 	may give enrollment preference to students who are eligible for special education services 
111.21 	and have a primary disability of deaf, hard-of-hearing, or deafblind. The charter school may 
111.22 	not limit admission based on the student's eligibility for additional special education services.

111.23 	Sec. 11. Minnesota Statutes 2020, section 124E.13, subdivision 1, is amended to read:
111.24 		Subdivision 1.Leased space. A charter school may lease space from: an independent 
111.25 	or special school board; other public organization; private, nonprofit, nonsectarian 
111.26 	organization; private property owner; or a sectarian organization if the leased space is 
111.27 	constructed as a school facility. The owner of the space must be the lessor. The commissioner 
111.28 	must review and approve or disapprove leases in a timely manner to determine eligibility 
111.29 	for lease aid under section 124E.22.

111.30 	EFFECTIVE DATE. This section is effective for leases effective July 1, 2022, and 
111.31 	thereafter.

112.1 	Sec. 12. Minnesota Statutes 2020, section 124E.13, subdivision 3, is amended to read:
112.2 		Subd. 3.Affiliated nonprofit building corporation. (a) An affiliated nonprofit building 
112.3 	corporation may purchase, expand, or renovate an existing facility to serve as a school or 
112.4 	may construct a new school facility. A One charter school may organize an affiliated 
112.5 	nonprofit building corporation that serves only that charter school if the charter school:
112.6 	(1) has operated for at least six consecutive years;
112.7 	(2) as of June 30, has a net positive unreserved general fund balance in the preceding 
112.8 	three fiscal years;
112.9 	(3) has long-range strategic and financial plans that include enrollment projections for 
112.10 	at least five years;
112.11 	(4) completes a feasibility study of facility options that outlines the benefits and costs 
112.12 	of each option; and
112.13 	(5) has a plan that describes project parameters and budget.
112.14 	(b) An affiliated nonprofit building corporation under this subdivision must:
112.15 	(1) be incorporated under section 317A;
112.16 	(2) comply with applicable Internal Revenue Service regulations, including regulations 
112.17 	for "supporting organizations" as defined by the Internal Revenue Service;
112.18 	(3) post on the school website the name, mailing address, bylaws, minutes of board 
112.19 	meetings, and names of the current board of directors of the affiliated nonprofit building 
112.20 	corporation;
112.21 	(4) submit to the commissioner a copy of its annual audit by December 31 of each year; 
112.22 	and
112.23 	(5) comply with government data practices law under chapter 13.
112.24 	(c) An affiliated nonprofit building corporation must not serve as the leasing agent for 
112.25 	property or and facilities it does not own. A charter school that leases property and a facility 
112.26 	from an affiliated nonprofit building corporation that does not own the leased facility property 
112.27 	and building is ineligible to receive charter school lease aid. The state is immune from 
112.28 	liability resulting from a contract between a charter school and an affiliated nonprofit building 
112.29 	corporation.
112.30 	(d) The board of directors of the charter school must ensure the affiliated nonprofit 
112.31 	building corporation complies with all applicable legal requirements. The charter school's 
113.1 	authorizer must oversee the efforts of the board of directors of the charter school to ensure 
113.2 	legal compliance of the affiliated building corporation. A school's board of directors that 
113.3 	fails to ensure the affiliated nonprofit building corporation's compliance violates its 
113.4 	responsibilities and an authorizer must consider that failure when evaluating the charter 
113.5 	school.

113.6 	Sec. 13. Minnesota Statutes 2020, section 124E.16, subdivision 1, is amended to read:
113.7 		Subdivision 1.Audit report. (a) A charter school is subject to the same financial audits, 
113.8 	audit procedures, and audit requirements as a district, except as required under this 
113.9 	subdivision. Audits must be conducted in compliance with generally accepted governmental 
113.10 	auditing standards, the federal Single Audit Act, if applicable, and section 6.65 governing 
113.11 	auditing procedures. A charter school is subject to and must comply with sections 15.054; 
113.12 	118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06 governing government property 
113.13 	and financial investments; and sections 471.38; 471.391; 471.392; and 471.425 governing 
113.14 	municipal contracting. The audit must comply with the requirements of sections 123B.75
113.15 	to 123B.83 governing school district finance, except when the commissioner and authorizer 
113.16 	approve a deviation made necessary because of school program finances. The commissioner, 
113.17 	state auditor, legislative auditor, or authorizer may conduct financial, program, or compliance 
113.18 	audits. A charter school in statutory operating debt under sections 123B.81 to 123B.83 must 
113.19 	submit a plan under section 123B.81, subdivision 4.
113.20 	(b) The charter school must submit an audit report to the commissioner and its authorizer 
113.21 	annually by December 31. The charter school's charter management organization or 
113.22 	educational management organization must submit an audit report to the commissioner 
113.23 	annually by December 31.
113.24 	(c) The charter school, with the assistance of the auditor conducting the audit, must 
113.25 	include with the report, as supplemental information: (1) a copy of management agreements 
113.26 	with a charter management organization or an educational management organization and 
113.27 	(2) service agreements or contracts over the lesser of $100,000 or ten percent of the school's 
113.28 	most recent annual audited expenditures. The agreements must detail the terms of the 
113.29 	agreement, including the services provided and the annual costs for those services. If the 
113.30 	entity that provides the professional services to the charter school is exempt from taxation 
113.31 	under section 501 of the Internal Revenue Code of 1986, that entity must file with the 
113.32 	commissioner by February 15 a copy of the annual return required under section 6033 of 
113.33 	the Internal Revenue Code of 1986.
114.1 	(d) A charter school independent audit report shall include audited financial data of an 
114.2 	affiliated building corporation under section 124E.13, subdivision 3, or other component 
114.3 	unit.
114.4 	(e) If the audit report finds that a material weakness exists in the financial reporting 
114.5 	systems of a charter school, the charter school must submit a written report to the 
114.6 	commissioner explaining how the charter school will resolve that material weakness. An 
114.7 	auditor, as a condition of providing financial services to a charter school, must agree to 
114.8 	make available information about a charter school's financial audit to the commissioner and 
114.9 	authorizer upon request.

114.10 	Sec. 14. Minnesota Statutes 2020, section 124E.25, subdivision 1a, is amended to read:
114.11 		Subd. 1a.School closures; payments. (a) Notwithstanding subdivision 1 and section 
114.12 	127A.45, for a charter school ceasing operation on or before June 30, for the payment periods 
114.13 	occurring after the school ceases serving students, the commissioner shall withhold the 
114.14 	estimated state aid owed the school. The charter school board of directors and authorizer 
114.15 	must submit to the commissioner a closure plan under chapter 308A or 317A, and financial 
114.16 	information about the school's liabilities and assets. After receiving the closure plan, financial 
114.17 	information, an audit of pupil counts, and documented lease expenditures from the charter 
114.18 	school and monitoring special education expenditures, the commissioner may release cash 
114.19 	withheld and may continue regular payments up to the current year payment percentages 
114.20 	if further amounts are owed. If, based on audits and monitoring, the school received state 
114.21 	aid in excess of the amount owed, the commissioner shall retain aid withheld sufficient to 
114.22 	eliminate the aid overpayment.
114.23 	(b) For a charter school ceasing operations before or at the end of a school year, 
114.24 	notwithstanding section 127A.45, subdivision 3, the commissioner may make preliminary 
114.25 	final payments after the school submits the closure plan, an audit of pupil counts, documented 
114.26 	lease expenditures, and Uniform Financial Accounting and Reporting Standards (UFARS) 
114.27 	financial data and the commissioner monitors special education expenditures for the final 
114.28 	year of operation. The commissioner may make the final payment after receiving audited 
114.29 	financial statements under section 123B.77, subdivision 3.
114.30 	(c) Notwithstanding sections 317A.701 to 317A.791, after closing a charter school and 
114.31 	satisfying creditors, remaining cash and investment balances shall be returned by the 
114.32 	commissioner to the state general fund.

115.1 	ARTICLE 5
115.2 	HEALTH AND SAFETY

115.3 	Section 1. [120B.239] SUBSTANCE MISUSE AWARENESS AND PREVENTION.
115.4 		Subdivision 1.Definitions. (a) For the purposes of this section, the terms defined in this 
115.5 	subdivision have the meanings given.
115.6 	(b) "Public school" means a school district or charter school.
115.7 	(c) "Substance misuse" has the meaning given in section 254A.02, subdivision 6a.
115.8 		Subd. 2.School instruction requirements. (a) A public school is strongly encouraged 
115.9 	to provide substance misuse awareness and prevention instruction at least once to students 
115.10 	in grades 6 through 8. A public school must use age-appropriate substance misuse prevention 
115.11 	instructional materials. Substance misuse awareness and prevention instruction must include 
115.12 	the role of social media in substance misuse and in the distribution of illegal drugs. The 
115.13 	instruction may be provided as part of a public school's locally developed health standards 
115.14 	and curriculum.
115.15 	(b) A public school is strongly encouraged to provide substance misuse awareness and 
115.16 	prevention instruction to students in grades 9 through 12.
115.17 	(c) A public school is encouraged to use a peer-to-peer education program to provide 
115.18 	substance misuse awareness and prevention instruction.
115.19 	(d) Instruction provided under this section, including a peer-to-peer education program, 
115.20 	must be evidence-based.

115.21 	Sec. 2. Minnesota Statutes 2020, section 121A.031, subdivision 5, is amended to read:
115.22 		Subd. 5.Safe and supportive schools programming. (a) Districts and schools are 
115.23 	encouraged to provide developmentally appropriate programmatic instruction to help students 
115.24 	identify, prevent, and reduce prohibited conduct; value diversity in school and society; 
115.25 	develop and improve students' knowledge and skills for solving problems, managing conflict, 
115.26 	engaging in civil discourse, and recognizing, responding to, and reporting prohibited conduct; 
115.27 	and make effective prevention and intervention programs available to students. Upon request, 
115.28 	the school safety technical assistance center under section 127A.052 must assist a district 
115.29 	or school in helping students understand social media and cyberbullying. Districts and 
115.30 	schools must establish strategies for creating a positive school climate and use evidence-based 
115.31 	social-emotional learning to prevent and reduce discrimination and other improper conduct.
115.32 	(b) Districts and schools are encouraged to must:
116.1 	(1) engage all students in creating a safe and supportive school environment;
116.2 	(2) partner with parents and other community members to develop and implement 
116.3 	prevention and intervention programs;
116.4 	(3) engage all students and adults in integrating education, intervention, and other 
116.5 	remedial responses into the school environment;
116.6 	(4) train student bystanders to intervene in and report incidents of prohibited conduct to 
116.7 	the school's primary contact person;
116.8 	(5) teach students to advocate for themselves and others;
116.9 	(6) prevent inappropriate referrals to special education of students who may engage in 
116.10 	prohibited conduct; and
116.11 	(7) foster student collaborations that foster a safe and supportive school climate.

116.12 	Sec. 3. Minnesota Statutes 2020, section 121A.031, subdivision 6, is amended to read:
116.13 		Subd. 6.State model policy. (a) The commissioner, in consultation with the 
116.14 	commissioner of human rights, shall develop and maintain a state model policy. A district 
116.15 	or school that does not adopt and implement a local policy under subdivisions 3 to 5 must 
116.16 	implement and may supplement the provisions of the state model policy. The commissioner 
116.17 	must assist districts and schools under this subdivision to implement the state policy. The 
116.18 	state model policy must:
116.19 	(1) define prohibited conduct, consistent with this section;
116.20 	(2) apply the prohibited conduct policy components in this section;
116.21 	(3) for a child with a disability, whenever an evaluation by an individualized education 
116.22 	program team or a section 504 team indicates that the child's disability affects the child's 
116.23 	social skills development or the child is vulnerable to prohibited conduct because of the 
116.24 	child's disability, the child's individualized education program or section 504 plan may 
116.25 	address the skills and proficiencies the child needs to not engage in and respond to such 
116.26 	conduct; and
116.27 	(4) encourage violence prevention and character development education programs under 
116.28 	section 120B.232, subdivision 1.
116.29 	(b) The commissioner shall develop and post departmental procedures for:
116.30 	(1) periodically reviewing district and school programs and policies for compliance with 
116.31 	this section, including evidence-based social-emotional learning;
117.1 	(2) investigating, reporting, and responding to noncompliance with this section, which 
117.2 	may include an annual review of plans to improve and provide a safe and supportive school 
117.3 	climate; and
117.4 	(3) allowing students, parents, and educators to file a complaint about noncompliance 
117.5 	with the commissioner.
117.6 	(c) The commissioner must post on the department's website information indicating that 
117.7 	when districts and schools allow non-curriculum-related student groups access to school 
117.8 	facilities, the district or school must give all student groups equal access to the school 
117.9 	facilities regardless of the content of the group members' speech.
117.10 	(d) The commissioner must develop and maintain resources to assist a district or school 
117.11 	in implementing strategies for creating a positive school climate and use evidence-based, 
117.12 	social-emotional learning to prevent and reduce discrimination and other improper conduct.
117.13 	(e) The commissioner must develop and adopt state-level social-emotional learning 
117.14 	standards.

117.15 	Sec. 4. [121A.0312] MALICIOUS AND SADISTIC CONDUCT.
117.16 	(a) A school board must adopt a written policy to address malicious and sadistic conduct 
117.17 	involving race, gender, religion, disability, sexual harassment, sexual orientation, and sexual 
117.18 	exploitation by a district or school staff member or student enrolled in a public or charter 
117.19 	school against another staff member or student that occurs as described in section 121A.031, 
117.20 	subdivision 1.
117.21 	(b) The policy shall apply to students, teachers, administrators, and other school 
117.22 	personnel, and include at a minimum the components under section 121A.031, subdivision 
117.23 	4, paragraph (a), and disciplinary actions that will be taken for violation of the policy. 
117.24 	Disciplinary actions must conform with collective bargaining agreements and sections 
117.25 	121A.41 to 121A.56.
117.26 	(c) The policy must be conspicuously posted throughout each school building, given to 
117.27 	each district employee and independent contractor at the time of entering into the person's 
117.28 	employment contract, and included in each school's student handbook on school policies. 
117.29 	Each school must develop a process for discussing the school's policy addressing malicious 
117.30 	and sadistic conduct involving race, gender, religion, disability, sexual harassment, sexual 
117.31 	orientation, and sexual exploitation with students, parents of students, and school employees.
117.32 	(d) For purposes of this section, "malicious and sadistic conduct" means creating a hostile 
117.33 	learning environment by acting with the intent to cause harm by intentionally injuring 
118.1 	another without just cause or reason or engaging in extreme or excessive cruelty or delighting 
118.2 	in cruelty.

118.3 	Sec. 5. [121A.07] CHILD ABUSE HOTLINE NUMBER.
118.4 	(a) To the extent funds or in-kind contributions are available under paragraph (b), a 
118.5 	school board or charter school must display in a conspicuous place in each school building 
118.6 	an easily readable durable poster of the national child abuse hotline number or otherwise 
118.7 	communicate to students notice of the national child abuse hotline number.
118.8 	(b) A school board or charter school may accept nonpublic funds or in-kind contributions 
118.9 	to implement this section.

118.10 	Sec. 6. [121A.224] OPIATE ANTAGONISTS.
118.11 	(a) A school district or charter school must maintain a supply of opiate antagonists, as 
118.12 	defined in section 604A.04, subdivision 1, at each school site to be administered in 
118.13 	compliance with section 151.37, subdivision 12.
118.14 	(b) A school district or charter school may enter into arrangements with suppliers of 
118.15 	opiate antagonists to obtain opiate antagonists at fair market, free, or reduced prices. A third 
118.16 	party, other than a supplier, may pay for a school's supply of opiate antagonists.

118.17 	EFFECTIVE DATE. This section is effective July 1, 2022.

118.18 	ARTICLE 6
118.19 	NUTRITION AND LIBRARIES

118.20 	Section 1. Minnesota Statutes 2020, section 120B.31, subdivision 4, is amended to read:
118.21 		Subd. 4. Student performance data. In developing policies and assessment processes 
118.22 	to hold schools and districts accountable for high levels of academic standards under section 
118.23 	120B.021, the commissioner shall aggregate and disaggregate student data over time to 
118.24 	report summary student performance and growth levels and, under section 120B.11, 
118.25 	subdivision 2, clause (2), student learning and outcome data measured at the school, school 
118.26 	district, and statewide level. The commissioner shall use the student categories identified 
118.27 	under the federal Elementary and Secondary Education Act, as most recently reauthorized, 
118.28 	and student categories of:
118.29 	(1) homelessness;
118.30 	(2) ethnicity under section 120B.35, subdivision 3, paragraph (a), clause (2);
119.1 	(3) race under section 120B.35, subdivision 3, paragraph (a), clause (2);
119.2 	(4) home language;
119.3 	(5) English learners under section 124D.59;
119.4 	(6) free or reduced-price lunch meals; and
119.5 	(7) other categories designated by federal law to organize and report the data so that 
119.6 	state and local policy makers can understand the educational implications of changes in 
119.7 	districts' demographic profiles over time as data are available.
119.8 	Any report the commissioner disseminates containing summary data on student performance 
119.9 	must integrate student performance and the demographic factors that strongly correlate with 
119.10 	that performance.

119.11 	Sec. 2. Minnesota Statutes 2020, section 123A.09, is amended to read:
119.12 	123A.09 DESIGNATING AND APPROVING A CENTER.
119.13 	The commissioner shall establish a process for state designation and approval of area 
119.14 	learning centers that meet the provisions of sections 123A.05 to 123A.08. Any process for 
119.15 	designating and approving an area learning center must emphasize the importance of having 
119.16 	the area learning center serve students who have dropped out of school, are homeless, are 
119.17 	eligible to receive free or reduced priced lunch reduced-price meals, have been suspended 
119.18 	or expelled, have been declared truant or are pregnant or parents.

119.19 	Sec. 3. Minnesota Statutes 2020, section 124D.119, is amended to read:
119.20 	124D.119 SUMMER FOOD SERVICE REPLACEMENT AID PROGRAM AND 
119.21 	CHILD AND ADULT CARE FOOD PROGRAM.
119.22 		Subdivision 1.Summer Food Service Program replacement aid. States State funds 
119.23 	are available to compensate department-approved Summer Food Service Program sponsors. 
119.24 	Reimbursement shall be made on December 15 based on total meals served by each sponsor 
119.25 	from the end of the school year to the beginning of the next school year on a pro rata basis.
119.26 		Subd. 2.Child and Adult Care Food Program and Summer Food Service Program 
119.27 	sponsor organizations. Legally distinct Child and Adult Care Food Program and Summer 
119.28 	Food Service Program sites may transfer sponsoring organizations no more than once per 
119.29 	year, except under extenuating circumstances including termination of the sponsoring 
119.30 	organization's agreement or other circumstances approved by the Department of Education.
120.1 		Subd. 3.Child and Adult Care Food Program and Summer Food Service Program 
120.2 	training. Prior to applying to sponsor a Child and Adult Care Food Program or Summer 
120.3 	Food Service Program site, a nongovernmental organization applicant must provide 
120.4 	documentation to the Department of Education verifying that staff members have completed 
120.5 	program-specific training as designated by the commissioner.
120.6 		Subd. 4.Summer Food Service Program locations. Consistent with Code of Federal 
120.7 	Regulations, title 7, section 225.6(d)(1)(ii), the Department of Education must not approve 
120.8 	a new Summer Food Service Program open site that is within a half-mile radius of an existing 
120.9 	Summer Food Service Program open site, except the department may approve a new Summer 
120.10 	Food Service Program open site within a half-mile radius if the new program will not be 
120.11 	serving the same group of children for the same meal type.

120.12 	Sec. 4. Minnesota Statutes 2020, section 124D.15, subdivision 15, is amended to read:
120.13 		Subd. 15.Eligibility. A child is eligible to participate in a school readiness program if 
120.14 	the child:
120.15 	(1) is at least three years old on September 1;
120.16 	(2) has completed health and developmental screening within 90 days of program 
120.17 	enrollment under sections 121A.16 to 121A.19; and
120.18 	(3) has one or more of the following risk factors:
120.19 	(i) qualifies for free or reduced-price lunch meals;
120.20 	(ii) is an English learner;
120.21 	(iii) is homeless;
120.22 	(iv) has an individualized education program (IEP) or standardized written plan;
120.23 	(v) is identified, through health and developmental screenings under sections 121A.16
120.24 	to 121A.19, with a potential risk factor that may influence learning; or
120.25 	(vi) is defined as at risk by the school district.

120.26 	Sec. 5. Minnesota Statutes 2020, section 124D.151, subdivision 5, is amended to read:
120.27 		Subd. 5.Application process; priority for high poverty schools. (a) To qualify for 
120.28 	program approval for fiscal year 2017, a district or charter school must submit an application 
120.29 	to the commissioner by July 1, 2016. To qualify for program approval for fiscal year 2018 
120.30 	and later, a district or charter school must submit an application to the commissioner by 
121.1 	January 30 of the fiscal year prior to the fiscal year in which the program will be 
121.2 	implemented. The application must include:
121.3 	(1) a description of the proposed program, including the number of hours per week the 
121.4 	program will be offered at each school site or mixed-delivery location;
121.5 	(2) an estimate of the number of eligible children to be served in the program at each 
121.6 	school site or mixed-delivery location; and
121.7 	(3) a statement of assurances signed by the superintendent or charter school director that 
121.8 	the proposed program meets the requirements of subdivision 2.
121.9 	(b) The commissioner must review all applications submitted for fiscal year 2017 by 
121.10 	August 1, 2016, and must review all applications submitted for fiscal year 2018 and later 
121.11 	by March 1 of the fiscal year in which the applications are received and determine whether 
121.12 	each application meets the requirements of paragraph (a).
121.13 	(c) The commissioner must divide all applications for new or expanded voluntary 
121.14 	prekindergarten programs under this section meeting the requirements of paragraph (a) and 
121.15 	school readiness plus programs into four groups as follows: the Minneapolis and St. Paul 
121.16 	school districts; other school districts located in the metropolitan equity region as defined 
121.17 	in section 126C.10, subdivision 28; school districts located in the rural equity region as 
121.18 	defined in section 126C.10, subdivision 28; and charter schools. Within each group, the 
121.19 	applications must be ordered by rank using a sliding scale based on the following criteria:
121.20 	(1) concentration of kindergarten students eligible for free or reduced-price lunches
121.21 	meals by school site on October 1 of the previous school year. A school site may contract 
121.22 	to partner with a community-based provider or Head Start under subdivision 3 or establish 
121.23 	an early childhood center and use the concentration of kindergarten students eligible for 
121.24 	free or reduced-price meals from a specific school site as long as those eligible children are 
121.25 	prioritized and guaranteed services at the mixed-delivery site or early education center. For 
121.26 	school district programs to be operated at locations that do not have free and reduced-price 
121.27 	lunch meal concentration data for kindergarten programs for October 1 of the previous 
121.28 	school year, including mixed-delivery programs, the school district average concentration 
121.29 	of kindergarten students eligible for free or reduced-price lunches meals must be used for 
121.30 	the rank ordering;
121.31 	(2) presence or absence of a three- or four-star Parent Aware rated program within the 
121.32 	school district or close proximity of the district. School sites with the highest concentration 
121.33 	of kindergarten students eligible for free or reduced-price lunches meals that do not have a 
121.34 	three- or four-star Parent Aware program within the district or close proximity of the district 
122.1 	shall receive the highest priority, and school sites with the lowest concentration of 
122.2 	kindergarten students eligible for free or reduced-price lunches meals that have a three- or 
122.3 	four-star Parent Aware rated program within the district or close proximity of the district 
122.4 	shall receive the lowest priority; and
122.5 	(3) whether the district has implemented a mixed delivery system.
122.6 	(d) The limit on participation for the programs as specified in subdivision 6 must initially 
122.7 	be allocated among the four groups based on each group's percentage share of the statewide 
122.8 	kindergarten enrollment on October 1 of the previous school year. Within each group, the 
122.9 	participation limit for fiscal years 2018 and 2019 must first be allocated to school sites 
122.10 	approved for aid in the previous year to ensure that those sites are funded for the same 
122.11 	number of participants as approved for the previous year. The remainder of the participation 
122.12 	limit for each group must be allocated among school sites in priority order until that region's 
122.13 	share of the participation limit is reached. If the participation limit is not reached for all 
122.14 	groups, the remaining amount must be allocated to the highest priority school sites, as 
122.15 	designated under this section, not funded in the initial allocation on a statewide basis. For 
122.16 	fiscal year 2020 and later, the participation limit must first be allocated to school sites 
122.17 	approved for aid in fiscal year 2017, and then to school sites approved for aid in fiscal year 
122.18 	2018 based on the statewide rankings under paragraph (c).
122.19 	(e) Once a school site or a mixed delivery site under subdivision 3 is approved for aid 
122.20 	under this subdivision, it shall remain eligible for aid if it continues to meet program 
122.21 	requirements, regardless of changes in the concentration of students eligible for free or 
122.22 	reduced-price lunches meals.
122.23 	(f) If the total number of participants approved based on applications submitted under 
122.24 	paragraph (a) is less than the participation limit under subdivision 6, the commissioner must 
122.25 	notify all school districts and charter schools of the amount that remains available within 
122.26 	30 days of the initial application deadline under paragraph (a), and complete a second round 
122.27 	of allocations based on applications received within 60 days of the initial application deadline.
122.28 	(g) Procedures for approving applications submitted under paragraph (f) shall be the 
122.29 	same as specified in paragraphs (a) to (d), except that the allocations shall be made to the 
122.30 	highest priority school sites not funded in the initial allocation on a statewide basis.

122.31 	Sec. 6. Minnesota Statutes 2020, section 124D.16, subdivision 2, is amended to read:
122.32 		Subd. 2.Amount of aid. (a) A district is eligible to receive school readiness aid for 
122.33 	eligible prekindergarten pupils enrolled in a school readiness program under section 124D.15
123.1 	if the biennial plan required by section 124D.15, subdivision 3a, has been approved by the 
123.2 	commissioner.
123.3 	(b) A district must receive school readiness aid equal to:
123.4 	(1) the number of four-year-old children in the district on October 1 for the previous 
123.5 	school year times the ratio of 50 percent of the total school readiness aid for that year to the 
123.6 	total number of four-year-old children reported to the commissioner for the previous school 
123.7 	year; plus
123.8 	(2) the number of pupils enrolled in the school district from families eligible for the free 
123.9 	or reduced reduced-price school lunch meal program for the previous school year times the 
123.10 	ratio of 50 percent of the total school readiness aid for that year to the total number of pupils 
123.11 	in the state from families eligible for the free or reduced reduced-price school lunch meal
123.12 	program for the previous school year.
123.13 	(c) The total school readiness aid entitlement equals $23,558,000 for fiscal year 2016 
123.14 	and $33,683,000 for fiscal year 2017 and later.

123.15 	Sec. 7. Minnesota Statutes 2020, section 124D.231, subdivision 2, is amended to read:
123.16 		Subd. 2.Full-service community school program. (a) The commissioner shall provide 
123.17 	funding to eligible school sites to plan, implement, and improve full-service community 
123.18 	schools. Eligible school sites must meet one of the following criteria:
123.19 	(1) the school is on a development plan for continuous improvement under section 
123.20 	120B.35, subdivision 2; or
123.21 	(2) the school is in a district that has an achievement and integration plan approved by 
123.22 	the commissioner of education under sections 124D.861 and 124D.862.
123.23 	(b) An eligible school site may receive up to $150,000 annually. School sites receiving 
123.24 	funding under this section shall hire or contract with a partner agency to hire a site coordinator 
123.25 	to coordinate services at each covered school site.
123.26 	(c) Of grants awarded, implementation funding of up to $20,000 must be available for 
123.27 	up to one year for planning for school sites. At the end of this period, the school must submit 
123.28 	a full-service community school plan, pursuant to paragraph (g). If the site decides not to 
123.29 	use planning funds, the plan must be submitted with the application.
123.30 	(d) The commissioner shall consider additional school factors when dispensing funds 
123.31 	including: schools with significant populations of students receiving free or reduced-price 
124.1 	lunches meals; significant homeless and highly mobile rates; and equity among urban, 
124.2 	suburban, and greater Minnesota schools.
124.3 	(e) A school site must establish a school leadership team responsible for developing 
124.4 	school-specific programming goals, assessing program needs, and overseeing the process 
124.5 	of implementing expanded programming at each covered site. The school leadership team 
124.6 	shall have between 12 to 15 members and shall meet the following requirements:
124.7 	(1) at least 30 percent of the members are parents and 30 percent of the members are 
124.8 	teachers at the school site and must include the school principal and representatives from 
124.9 	partner agencies; and
124.10 	(2) the school leadership team must be responsible for overseeing the baseline analyses 
124.11 	under paragraph (f). A school leadership team must have ongoing responsibility for 
124.12 	monitoring the development and implementation of full-service community school operations 
124.13 	and programming at the school site and shall issue recommendations to schools on a regular 
124.14 	basis and summarized in an annual report. These reports shall also be made available to the 
124.15 	public at the school site and on school and district websites.
124.16 	(f) School sites must complete a baseline analysis prior to beginning programming as a 
124.17 	full-service community school. The analysis shall include:
124.18 	(1) a baseline analysis of needs at the school site, led by the school leadership team, 
124.19 	which shall include the following elements:
124.20 	(i) identification of challenges facing the school;
124.21 	(ii) analysis of the student body, including:
124.22 	(A) number and percentage of students with disabilities and needs of these students;
124.23 	(B) number and percentage of students who are English learners and the needs of these 
124.24 	students;
124.25 	(C) number of students who are homeless or highly mobile; and
124.26 	(D) number and percentage of students receiving free or reduced-price lunch meals and 
124.27 	the needs of these students;
124.28 	(iii) analysis of enrollment and retention rates for students with disabilities, English 
124.29 	learners, homeless and highly mobile students, and students receiving free or reduced-price 
124.30 	lunch meals;
124.31 	(iv) analysis of suspension and expulsion data, including the justification for such 
124.32 	disciplinary actions and the degree to which particular populations, including, but not limited 
125.1 	to, students of color, students with disabilities, students who are English learners, and 
125.2 	students receiving free or reduced-price lunch meals are represented among students subject 
125.3 	to such actions;
125.4 	(v) analysis of school achievement data disaggregated by major demographic categories, 
125.5 	including, but not limited to, race, ethnicity, English learner status, disability status, and 
125.6 	free or reduced-price lunch meals status;
125.7 	(vi) analysis of current parent engagement strategies and their success; and
125.8 	(vii) evaluation of the need for and availability of wraparound services, including, but 
125.9 	not limited to:
125.10 	(A) mechanisms for meeting students' social, emotional, and physical health needs, 
125.11 	which may include coordination of existing services as well as the development of new 
125.12 	services based on student needs; and
125.13 	(B) strategies to create a safe and secure school environment and improve school climate 
125.14 	and discipline, such as implementing a system of positive behavioral supports, and taking 
125.15 	additional steps to eliminate bullying;
125.16 	(2) a baseline analysis of community assets and a strategic plan for utilizing and aligning 
125.17 	identified assets. This analysis should include, but is not limited to, a documentation of 
125.18 	individuals in the community, faith-based organizations, community and neighborhood 
125.19 	associations, colleges, hospitals, libraries, businesses, and social service agencies who may 
125.20 	be able to provide support and resources; and
125.21 	(3) a baseline analysis of needs in the community surrounding the school, led by the 
125.22 	school leadership team, including, but not limited to:
125.23 	(i) the need for high-quality, full-day child care and early childhood education programs;
125.24 	(ii) the need for physical and mental health care services for children and adults; and
125.25 	(iii) the need for job training and other adult education programming.
125.26 	(g) Each school site receiving funding under this section must establish at least two of 
125.27 	the following types of programming:
125.28 	(1) early childhood:
125.29 	(i) early childhood education; and
125.30 	(ii) child care services;
125.31 	(2) academic:
126.1 	(i) academic support and enrichment activities, including expanded learning time;
126.2 	(ii) summer or after-school enrichment and learning experiences;
126.3 	(iii) job training, internship opportunities, and career counseling services;
126.4 	(iv) programs that provide assistance to students who have been truant, suspended, or 
126.5 	expelled; and
126.6 	(v) specialized instructional support services;
126.7 	(3) parental involvement:
126.8 	(i) programs that promote parental involvement and family literacy;
126.9 	(ii) parent leadership development activities; and
126.10 	(iii) parenting education activities;
126.11 	(4) mental and physical health:
126.12 	(i) mentoring and other youth development programs, including peer mentoring and 
126.13 	conflict mediation;
126.14 	(ii) juvenile crime prevention and rehabilitation programs;
126.15 	(iii) home visitation services by teachers and other professionals;
126.16 	(iv) developmentally appropriate physical education;
126.17 	(v) nutrition services;
126.18 	(vi) primary health and dental care; and
126.19 	(vii) mental health counseling services;
126.20 	(5) community involvement:
126.21 	(i) service and service-learning opportunities;
126.22 	(ii) adult education, including instruction in English as a second language; and
126.23 	(iii) homeless prevention services;
126.24 	(6) positive discipline practices; and
126.25 	(7) other programming designed to meet school and community needs identified in the 
126.26 	baseline analysis and reflected in the full-service community school plan.
126.27 	(h) The school leadership team at each school site must develop a full-service community 
126.28 	school plan detailing the steps the school leadership team will take, including:
127.1 	(1) timely establishment and consistent operation of the school leadership team;
127.2 	(2) maintenance of attendance records in all programming components;
127.3 	(3) maintenance of measurable data showing annual participation and the impact of 
127.4 	programming on the participating children and adults;
127.5 	(4) documentation of meaningful and sustained collaboration between the school and 
127.6 	community stakeholders, including local governmental units, civic engagement organizations, 
127.7 	businesses, and social service providers;
127.8 	(5) establishment and maintenance of partnerships with institutions, such as universities, 
127.9 	hospitals, museums, or not-for-profit community organizations to further the development 
127.10 	and implementation of community school programming;
127.11 	(6) ensuring compliance with the district nondiscrimination policy; and
127.12 	(7) plan for school leadership team development.

127.13 	Sec. 8. Minnesota Statutes 2020, section 124D.8957, subdivision 19, is amended to read:
127.14 		Subd. 19.Free or reduced-price lunch meal eligibility. The parental right to opt a 
127.15 	child out of disclosing a child's eligibility for free or reduced-price lunch meals to the 
127.16 	Department of Education and the Department of Human Services is governed by section 
127.17 	124D.1115.

127.18 	Sec. 9. [124D.901] SCHOOL LIBRARIES AND MEDIA CENTERS.
127.19 	A school district or charter school library or school library media center provides equitable 
127.20 	and free access to students, teachers, and administrators. A school library or school library 
127.21 	media center is defined as having the following characteristics:
127.22 	(1) ensures every student has equitable access to resources and is able to locate, access, 
127.23 	and use resources that are organized and cataloged;
127.24 	(2) has a collection development plan that includes but is not limited to materials selection 
127.25 	and de-selection, a challenged materials procedure, and an intellectual and academic freedom 
127.26 	statement;
127.27 	(3) is housed in a central location that provides an environment for expanded learning 
127.28 	and supports a variety of student interests;
127.29 	(4) has technology and Internet access; and
127.30 	(5) is served by a licensed school library media specialist or licensed school librarian.

128.1 	Sec. 10. Minnesota Statutes 2020, section 125A.76, subdivision 2a, is amended to read:
128.2 		Subd. 2a.Special education initial aid. For fiscal year 2021 and later, a district's special 
128.3 	education initial aid equals the sum of:
128.4 	(1) the least of 62 percent of the district's old formula special education expenditures 
128.5 	for the prior fiscal year, excluding pupil transportation expenditures, 50 percent of the 
128.6 	district's nonfederal special education expenditures for the prior year, excluding pupil 
128.7 	transportation expenditures, or 56 percent of the product of the sum of the following amounts, 
128.8 	computed using prior fiscal year data, and the program growth factor:
128.9 	(i) the product of the district's average daily membership served and the sum of:
128.10 	(A) $460; plus
128.11 	(B) $405 times the ratio of the sum of the number of pupils enrolled on October 1 who 
128.12 	are eligible to receive free lunch meals plus one-half of the pupils enrolled on October 1 
128.13 	who are eligible to receive reduced-price lunch meals to the total October 1 enrollment; 
128.14 	plus
128.15 	(C) .008 times the district's average daily membership served; plus
128.16 	(ii) $13,300 times the December 1 child count for the primary disability areas of autism 
128.17 	spectrum disorders, developmental delay, and severely multiply impaired; plus
128.18 	(iii) $19,200 times the December 1 child count for the primary disability areas of deaf 
128.19 	and hard-of-hearing and emotional or behavioral disorders; plus
128.20 	(iv) $25,200 times the December 1 child count for the primary disability areas of 
128.21 	developmentally cognitive mild-moderate, developmentally cognitive severe-profound, 
128.22 	physically impaired, visually impaired, and deafblind; plus
128.23 	(2) the cost of providing transportation services for children with disabilities under 
128.24 	section 123B.92, subdivision 1, paragraph (b), clause (4).

128.25 	Sec. 11. Minnesota Statutes 2021 Supplement, section 126C.05, subdivision 3, is amended 
128.26 	to read:
128.27 		Subd. 3.Compensation revenue pupil units. Compensation revenue pupil units must 
128.28 	be computed according to this subdivision.
128.29 	(a) The compensation revenue concentration percentage for each building in a district 
128.30 	equals the product of 100 times the ratio of:
129.1 	(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch
129.2 	meals plus one-half of the pupils eligible to receive reduced priced lunch reduced-price 
129.3 	meals on October 1 of the previous fiscal year; to
129.4 	(2) the number of pupils enrolled in the building on October 1 of the previous fiscal 
129.5 	year.
129.6 	(b) The compensation revenue pupil weighting factor for a building equals the lesser of 
129.7 	one or the quotient obtained by dividing the building's compensation revenue concentration 
129.8 	percentage by 80.0.
129.9 	(c) The compensation revenue pupil units for a building equals the product of:
129.10 	(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch
129.11 	meals and one-half of the pupils eligible to receive reduced priced lunch reduced-price 
129.12 	meals on October 1 of the previous fiscal year; times
129.13 	(2) the compensation revenue pupil weighting factor for the building; times
129.14 	(3) .60.
129.15 	(d) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten programs under 
129.16 	section 124D.151, charter schools, and contracted alternative programs in the first year of 
129.17 	operation, compensation revenue pupil units shall be computed using data for the current 
129.18 	fiscal year. If the voluntary prekindergarten program, charter school, or contracted alternative 
129.19 	program begins operation after October 1, compensatory revenue pupil units shall be 
129.20 	computed based on pupils enrolled on an alternate date determined by the commissioner, 
129.21 	and the compensation revenue pupil units shall be prorated based on the ratio of the number 
129.22 	of days of student instruction to 170 days.
129.23 	(e) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten seats discontinued 
129.24 	in fiscal year 2024 due to the reduction in the participation limit under section 124D.151, 
129.25 	subdivision 6, those discontinued seats must not be used to calculate compensation revenue 
129.26 	pupil units for fiscal year 2024.
129.27 	(f) The percentages in this subdivision must be based on the count of individual pupils 
129.28 	and not on a building average or minimum.

129.29 	Sec. 12. Minnesota Statutes 2020, section 126C.05, subdivision 16, is amended to read:
129.30 		Subd. 16.Free and reduced-price lunches meals. The commissioner shall determine 
129.31 	the number of children eligible to receive either a free or reduced-price lunch meals on 
129.32 	October 1 each year. Children enrolled in a building on October 1 and determined to be 
130.1 	eligible to receive free or reduced-price lunch meals by December 15 of that school year 
130.2 	shall be counted as eligible on October 1 for purposes of subdivision 3. The commissioner 
130.3 	may use federal definitions for these purposes and may adjust these definitions as appropriate. 
130.4 	The commissioner may adopt reporting guidelines to assure accuracy of data counts and 
130.5 	eligibility. Districts shall use any guidelines adopted by the commissioner.

130.6 	Sec. 13. Minnesota Statutes 2020, section 134.31, subdivision 1, is amended to read:
130.7 		Subdivision 1.Library service. The state shall, as an integral part of its responsibility 
130.8 	for public education, support the provision of library service for every citizen resident, the 
130.9 	development of cooperative programs for the sharing of resources and services among all 
130.10 	libraries, and the establishment of jointly operated library services at a single location where 
130.11 	appropriate.

130.12 	Sec. 14. Minnesota Statutes 2020, section 134.31, subdivision 4a, is amended to read:
130.13 		Subd. 4a.Services to people with visual and physical disabilities. The Minnesota 
130.14 	Department of Education shall provide specialized services to people with visual and physical 
130.15 	disabilities through the Minnesota Braille and Talking Book Library under a cooperative 
130.16 	plan with the National Library Services Service for the Blind and Physically Handicapped 
130.17 	of the Library of Congress Print Disabled.

130.18 	Sec. 15. Minnesota Statutes 2020, section 134.32, subdivision 4, is amended to read:
130.19 		Subd. 4.Special project grants. It may provide special project grants to assist innovative 
130.20 	and experimental library programs including, but not limited to, special services for American 
130.21 	Indians and the Spanish-speaking English language learners, delivery of library materials 
130.22 	to homebound persons, other extensions of library services to persons without access to 
130.23 	libraries and projects to strengthen and improve library services.

130.24 	Sec. 16. Minnesota Statutes 2020, section 134.34, subdivision 1, is amended to read:
130.25 		Subdivision 1.Local support levels. (a) Regional library basic system support aid shall 
130.26 	be provided to any regional public library system where there are at least three participating 
130.27 	counties and where each participating city and county is providing for public library service 
130.28 	support the lesser of (a) an amount equivalent to .82 percent of the average of the adjusted 
130.29 	net tax capacity of the taxable property of that city or county, as determined by the 
130.30 	commissioner of revenue for the second, third, and fourth year preceding that calendar year 
130.31 	or (b) a per capita amount calculated under the provisions of this subdivision. The per capita 
131.1 	amount is established for calendar year 1993 as $7.62. In succeeding calendar years, the 
131.2 	per capita amount shall be increased by a percentage equal to one-half of the percentage by 
131.3 	which the total state adjusted net tax capacity of property as determined by the commissioner 
131.4 	of revenue for the second year preceding that calendar year increases over that total adjusted 
131.5 	net tax capacity for the third year preceding that calendar year.
131.6 	(b) The minimum level of support specified under this subdivision or subdivision 4 shall 
131.7 	be certified annually to the participating cities and counties by the Department of Education. 
131.8 	If a city or county chooses to reduce its local support in accordance with subdivision 4, 
131.9 	paragraph (b) or (c), it shall notify its regional public library system. The regional public 
131.10 	library system shall notify the Department of Education that a revised certification is required. 
131.11 	The revised minimum level of support shall be certified to the city or county by the 
131.12 	Department of Education.
131.13 	(c) A city which is a part of a regional public library system shall not be required to 
131.14 	provide this level of support if the property of that city is already taxable by the county for 
131.15 	the support of that regional public library system. In no event shall the Department of 
131.16 	Education require any city or county to provide a higher level of support than the level of 
131.17 	support specified in this section in order for a system to qualify for regional library basic 
131.18 	system support aid. This section shall not be construed to prohibit a city or county from 
131.19 	providing a higher level of support for public libraries than the level of support specified 
131.20 	in this section.
131.21 	(d) The amounts required to be expended under this section are subject to the reduced 
131.22 	maintenance of effort requirements in section 275.761.

131.23 	Sec. 17. Minnesota Statutes 2020, section 136A.055, is amended to read:
131.24 	136A.055 DEVELOPMENTAL EDUCATION REPORTING.
131.25 	(a) The commissioner must report on the department's website the following summary 
131.26 	data on students who graduated from a Minnesota high school and are attending a public 
131.27 	postsecondary institution in Minnesota, limited to the most recent academic school year:
131.28 	(1) the number of students placed in supplemental or developmental education;
131.29 	(2) the number of students who complete supplemental or developmental education 
131.30 	within one academic year;
131.31 	(3) the number of students that complete gateway courses in one academic year; and
131.32 	(4) time to complete a degree or certificate at a postsecondary institution.
132.1 	(b) Summary data must be aggregated by school district, high school, and postsecondary 
132.2 	institution. Summary data must be disaggregated by race, ethnicity, free or reduced-price 
132.3 	lunch meal eligibility, and age.
132.4 	(c) The commissioner must post the initial data on the department's website on or before 
132.5 	February 15, 2018, and must update the data at least annually thereafter.

132.6 	Sec. 18. Minnesota Statutes 2020, section 136A.861, subdivision 2, is amended to read:
132.7 		Subd. 2.Eligible students. (a) Eligible students include students in grades six through 
132.8 	12 who meet one or more of the following criteria:
132.9 	(1) are counted under section 1124(c) of the Elementary and Secondary Education Act 
132.10 	of 1965 (Title I);
132.11 	(2) are eligible for free or reduced-price lunch meals under the National School Lunch 
132.12 	Act;
132.13 	(3) receive assistance under the Temporary Assistance for Needy Families Law (Title 
132.14 	I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996); or
132.15 	(4) are a member of a group traditionally underrepresented in higher education.
132.16 	(b) Eligible undergraduate students include those who met the student eligibility criteria 
132.17 	as 6th through 12th graders.

132.18 	Sec. 19. Minnesota Statutes 2020, section 256.962, subdivision 3, is amended to read:
132.19 		Subd. 3. Application and assistance. (a) The Minnesota health care programs application 
132.20 	must be made available at provider offices, local human services agencies, school districts, 
132.21 	public and private elementary schools in which 25 percent or more of the students receive 
132.22 	free or reduced price lunches reduced-price meals, community health offices, Women, 
132.23 	Infants and Children (WIC) program sites, Head Start program sites, public housing councils, 
132.24 	child care centers, early childhood education and preschool program sites, legal aid offices, 
132.25 	and libraries. The commissioner shall ensure that applications are available in languages 
132.26 	other than English.
132.27 	(b) Local human service agencies, hospitals, and health care community clinics receiving 
132.28 	state funds must provide direct assistance in completing the application form, including the 
132.29 	free use of a copy machine and a drop box for applications. These locations must ensure 
132.30 	that the drop box is checked at least weekly and any applications are submitted to the 
132.31 	commissioner. The commissioner shall provide these entities with an identification number 
133.1 	to stamp on each application to identify the entity that provided assistance. Other locations 
133.2 	where applications are required to be available shall either provide direct assistance in 
133.3 	completing the application form or provide information on where an applicant can receive 
133.4 	application assistance.
133.5 	(c) Counties must offer applications and application assistance when providing child 
133.6 	support collection services.
133.7 	(d) Local public health agencies and counties that provide immunization clinics must 
133.8 	offer applications and application assistance during these clinics.
133.9 	(e) The commissioner shall coordinate with the commissioner of health to ensure that 
133.10 	maternal and child health outreach efforts include information on Minnesota health care 
133.11 	programs and application assistance, when needed.

133.12 	Sec. 20. Minnesota Statutes 2020, section 256L.05, subdivision 1, is amended to read:
133.13 		Subdivision 1.Application assistance and information availability. (a) Applicants 
133.14 	may submit applications online, in person, by mail, or by phone in accordance with the 
133.15 	Affordable Care Act, and by any other means by which medical assistance applications may 
133.16 	be submitted. Applicants may submit applications through MNsure or through the 
133.17 	MinnesotaCare program. Applications and application assistance must be made available 
133.18 	at provider offices, local human services agencies, school districts, public and private 
133.19 	elementary schools in which 25 percent or more of the students receive free or reduced price 
133.20 	lunches reduced-price meals, community health offices, Women, Infants and Children 
133.21 	(WIC) program sites, Head Start program sites, public housing councils, crisis nurseries, 
133.22 	child care centers, early childhood education and preschool program sites, legal aid offices, 
133.23 	and libraries, and at any other locations at which medical assistance applications must be 
133.24 	made available. These sites may accept applications and forward the forms to the 
133.25 	commissioner or local county human services agencies that choose to participate as an 
133.26 	enrollment site. Otherwise, applicants may apply directly to the commissioner or to 
133.27 	participating local county human services agencies.
133.28 	(b) Application assistance must be available for applicants choosing to file an online 
133.29 	application through MNsure.

APPENDIX 

Repealed Minnesota Statutes: H3401-1 

120B.35 STUDENT ACADEMIC ACHIEVEMENT AND GROWTH.Subd. 5.Improving graduation rates for students with emotional or behavioral disorders. 
(a) A district must develop strategies in conjunction with parents of students with emotional or behavioral disorders and the county board responsible for implementing sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in school, when the district has a drop-out rate for students with an emotional or behavioral disorder in grades 9 through 12 exceeding 25 percent. 

(b) A district must develop a plan in conjunction with parents of students with emotional or behavioral disorders and the local mental health authority to increase the graduation rates of students with emotional or behavioral disorders. A district with a drop-out rate for children with an emotional or behavioral disturbance in grades 9 through 12 that is in the top 25 percent of all districts shall submit a plan for review and oversight to the commissioner.