1.1 	A bill for an act
1.2 	relating to education; modifying provisions for prekindergarten through grade 12 
1.3 	including general education accountability and transparency, education excellence, 
1.4 	American Indian education, charter schools, discipline, teachers, special education, 
1.5 	and early learning; requiring reports;amending Minnesota Statutes 2022, sections 
1.6 	13.32, subdivision 3; 120A.22, subdivision 10; 120A.414, subdivision 2, by adding 
1.7 	a subdivision; 120A.42; 120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 
1.8 	4, by adding a subdivision; 120B.022, subdivision 1; 120B.024, subdivisions 1, 
1.9 	2; 120B.11, subdivisions 1, 2, 3; 120B.15; 120B.30, subdivisions 1, 1a; 120B.301; 
1.10 	120B.35, subdivision 3; 120B.36, subdivision 2; 121A.031, subdivision 6; 121A.41, 
1.11 	by adding subdivisions; 121A.425; 121A.45, subdivision 1; 121A.46, subdivision 
1.12 	4, by adding a subdivision; 121A.47, subdivisions 2, 14; 121A.53, subdivision 1; 
1.13 	121A.55; 121A.58; 121A.61, subdivisions 1, 3, by adding subdivisions; 122A.06, 
1.14 	subdivisions 1, 2, 5, 6, 7, 8, by adding subdivisions; 122A.07, subdivision 4a; 
1.15 	122A.09, subdivisions 4, 6, 9, 10; 122A.091, subdivisions 1, 2; 122A.15, 
1.16 	subdivision 1; 122A.18, subdivisions 1, 2, 10, by adding a subdivision; 122A.181, 
1.17 	subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 122A.182, subdivisions 1, 2, 
1.18 	4, by adding a subdivision; 122A.183, subdivision 1, by adding a subdivision; 
1.19 	122A.184, subdivision 1; 122A.185, subdivisions 1, 4; 122A.187, subdivision 1; 
1.20 	122A.19, subdivision 4; 122A.26, subdivision 2; 122A.40, subdivisions 5, 8; 
1.21 	122A.41, subdivisions 2, 5; 122A.69; 123B.147, subdivision 3; 123B.71, 
1.22 	subdivision 12; 123B.86, subdivision 3; 124D.03, subdivisions 3, 5; 124D.09, 
1.23 	subdivisions 3, 5, 12, 13; 124D.111, subdivisions 2a, 5; 124D.119; 124D.128, 
1.24 	subdivision 1; 124D.59, subdivision 2a; 124D.68, subdivisions 2, 3; 124D.73, by 
1.25 	adding a subdivision; 124D.74, subdivisions 1, 3, 4, by adding a subdivision; 
1.26 	124D.76; 124D.78; 124D.79, subdivision 2; 124D.791, subdivision 4; 124D.81, 
1.27 	subdivisions 1, 5; 124D.861, subdivision 2; 124D.862, subdivision 8; 124E.02; 
1.28 	124E.03, subdivision 2, by adding a subdivision; 124E.05, subdivisions 4, 7; 
1.29 	124E.06, subdivisions 1, 4, 5; 124E.10, subdivision 1; 124E.11; 124E.12, 
1.30 	subdivision 1; 124E.13, subdivisions 1, 3; 124E.25, subdivision 1a; 125A.0942; 
1.31 	125A.13; 125A.15; 125A.51; 125A.515, subdivision 3; 126C.15, subdivision 5; 
1.32 	127A.353, subdivisions 2, 4; 134.31, subdivisions 1, 4a; 134.32, subdivision 4; 
1.33 	134.34, subdivision 1; 144.4165; 179A.03, subdivisions 14, 18, 19; 290.0679, 
1.34 	subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 120B; 
1.35 	121A; 122A; 124D; repealing Minnesota Statutes 2022, sections 120B.35, 
1.36 	subdivision 5; 122A.07, subdivision 2a; 122A.091, subdivisions 3, 6; 122A.18, 
1.37 	subdivision 7c; 124D.095, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; Minnesota Rules, part 
1.38 	8710.0500, subparts 8, 11.
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 2022, section 123B.71, subdivision 12, is amended to read:
2.5 		Subd. 12.Publication. (a) At least 20 48 days but not more than 60 days before a 
2.6 	referendum for bonds or solicitation of bids for a project that has received a positive or 
2.7 	unfavorable review and comment under section 123B.70, the school board shall publish a 
2.8 	summary of the commissioner's review and comment of that project in the legal newspaper 
2.9 	of the district. The school board must hold a public meeting to discuss the commissioner's 
2.10 	review and comment before the referendum for bonds. Supplementary information shall be 
2.11 	available to the public.
2.12 	(b) The publication requirement in paragraph (a) does not apply to alternative facilities 
2.13 	projects approved under section 123B.595.

2.14 	EFFECTIVE DATE. This section is effective for elections conducted on or after August 
2.15 	9, 2023.

2.16 	Sec. 2. Minnesota Statutes 2022, section 123B.86, subdivision 3, is amended to read:
2.17 		Subd. 3.Board control. (a) When transportation is provided, the scheduling of routes, 
2.18 	manner and method of transportation, control and discipline of school children and any 
2.19 	other matter relating thereto shall be within the sole discretion, control and management of 
2.20 	the board.
2.21 	(b) A school board and a nonpublic school may mutually agree to a written plan for the 
2.22 	board to provide nonpublic pupil transportation to nonpublic school students.
2.23 	(c) A school board that provides pupil transportation through the school's employees 
2.24 	may transport nonpublic school students according to the plan and retain the nonpublic 
2.25 	pupil transportation aid attributable to that plan. A nonpublic school may make a payment 
2.26 	to the school district to cover additional transportation services agreed to in the written plan 
2.27 	for nonpublic pupil transportation services not required under sections 123B.84 to 123B.87.
2.28 	(d) A school board that contracts for pupil transportation services may enter into a 
2.29 	contractual arrangement with a school bus contractor according to the written plan adopted 
2.30 	by the school board and the nonpublic school to transport nonpublic school students and 
2.31 	retain the nonpublic pupil transportation aid attributable to that plan for the purposes of 
2.32 	paying the school bus contractor. A nonpublic school may make a payment to the school 
3.1 	district to cover additional transportation services agreed to in the written plan for nonpublic 
3.2 	pupil transportation services included in the contract that are not required under sections 
3.3 	123B.84 to 123B.87.
3.4 	(e) The school district must report the number of nonpublic school students transported 
3.5 	and the nonpublic pupil transportation expenditures incurred under paragraph (b) in the 
3.6 	form and manner specified by the commissioner.

3.7 	EFFECTIVE DATE. This section is effective for fiscal year 2024 and later.

3.8 	Sec. 3. Minnesota Statutes 2022, section 126C.15, subdivision 5, is amended to read:
3.9 		Subd. 5.Annual expenditure report. Each year a districtBy February 1 annually, the 
3.10 	commissioner of education must report to the legislature the expenditures of each district 
3.11 	that receives receive basic skills revenue must submit a report identifying the expenditures 
3.12 	it incurred to meet the needs of eligible learners in the previous fiscal year under subdivision 
3.13 	1. The report must conform to uniform financial and reporting standards established for this 
3.14 	purpose and provide a breakdown by functional area. Using valid and reliable data and 
3.15 	measurement criteria, the report also must determine whether increased expenditures raised 
3.16 	student achievement levels.

3.17 	Sec. 4. Minnesota Statutes 2022, section 127A.353, subdivision 2, is amended to read:
3.18 		Subd. 2.Qualifications. The governor shall select the school trust lands director on the 
3.19 	basis of outstanding professional qualifications and knowledge of finance, business practices, 
3.20 	minerals, forest and real estate management, and the fiduciary responsibilities of a trustee 
3.21 	to the beneficiaries of a trust. The school trust lands director serves in the unclassified service 
3.22 	for a term of four years. The first term shall end on December 31, 2020. The governor may 
3.23 	remove the school trust lands director for cause. If a director resigns or is removed for cause, 
3.24 	the governor shall appoint a director for the remainder of the term.

3.25 	Sec. 5. Minnesota Statutes 2022, section 127A.353, subdivision 4, is amended to read:
3.26 		Subd. 4.Duties; powers. (a) The school trust lands director shall:
3.27 	(1) take an oath of office before assuming any duties as the director act in a fiduciary 
3.28 	capacity for trust beneficiaries in accordance with the principles under section 127A.351;
3.29 	(2) evaluate the school trust land asset position;
3.30 	(3) determine the estimated current and potential market value of school trust lands;
4.1 	(4) advise and provide recommendations to the governor, Executive Council, 
4.2 	commissioner of natural resources, and the Legislative Permanent School Fund Commission 
4.3 	on the management of school trust lands, including: on school trust land management policies 
4.4 	and other policies that may affect the goal of the permanent school fund under section 
4.5 	127A.31;
4.6 	(5) advise and provide recommendations to the Executive Council and Land Exchange 
4.7 	Board on all matters regarding school trust lands presented to either body;
4.8 	(6) advise and provide recommendations to the commissioner of natural resources on 
4.9 	managing school trust lands, including but not limited to advice and recommendations on:
4.10 	(i) Department of Natural Resources school trust land management plans;
4.11 	(ii) leases of school trust lands;
4.12 	(iii) royalty agreements on school trust lands;
4.13 	(iv) land sales and exchanges;
4.14 	(v) cost certification; and
4.15 	(vi) revenue generating options;
4.16 	(7) serve as temporary trustee of school trust lands for school trust lands subject to 
4.17 	proposed or active eminent domain proceedings;
4.18 	(8) serve as temporary trustee of school trust lands pursuant to section 94.342, subdivision 
4.19 	5;
4.20 	(5) propose (9) submit to the Legislative Permanent School Fund Commission for review 
4.21 	an annual budget and management plan for the director that includes proposed legislative 
4.22 	changes that will improve the asset allocation of the school trust lands;
4.23 	(6) (10) develop and implement a ten-year strategic plan and a 25-year framework for 
4.24 	management of school trust lands, in conjunction with the commissioner of natural resources, 
4.25 	that is updated every five years and implemented by the commissioner, with goals to:
4.26 	(i) retain core real estate assets;
4.27 	(ii) increase the value of the real estate assets and the cash flow from those assets;
4.28 	(iii) rebalance the portfolio in assets with high performance potential and the strategic 
4.29 	disposal of selected assets;
4.30 	(iv) establish priorities for management actions;
5.1 	(v) balance revenue enhancement and resource stewardship; and
5.2 	(vi) advance strategies on school trust lands to capitalize on ecosystem services markets;
5.3 	and
5.4 	(7) submit to the Legislative Permanent School Fund Commission for review an annual 
5.5 	budget and management plan for the director; and
5.6 	(8) (11) keep the beneficiaries, governor, legislature, and the public informed about the 
5.7 	work of the director by reporting to the Legislative Permanent School Fund Commission 
5.8 	in a public meeting at least once during each calendar quarter.
5.9 	(b) In carrying out the duties under paragraph (a), the school trust lands director shall 
5.10 	have the authority to may:
5.11 	(1) direct and control money appropriated to the director;
5.12 	(2) establish job descriptions and employ up to five employees in the unclassified service,
5.13 	staff within the limitations of money appropriated to the director;
5.14 	(3) enter into interdepartmental agreements with any other state agency;
5.15 	(4) enter into joint powers agreements under chapter 471;
5.16 	(5) evaluate and initiate real estate development projects on school trust lands in 
5.17 	conjunction with the commissioner of natural resources and with the advice of the Legislative 
5.18 	Permanent School Fund Commission in order to generate long-term economic return to the 
5.19 	permanent school fund; and
5.20 	(6) serve as temporary trustee of school trust land for school trust lands subject to 
5.21 	proposed or active eminent domain proceedings; and
5.22 	(7) (6) submit recommendations on strategies for school trust land leases, sales, or 
5.23 	exchanges to the commissioner of natural resources and the Legislative Permanent School 
5.24 	Fund Commission.

5.25 	Sec. 6. Minnesota Statutes 2022, section 290.0679, subdivision 2, is amended to read:
5.26 		Subd. 2.Conditions for assignment. A qualifying taxpayer may assign all or part of 
5.27 	an anticipated refund for the current and future taxable years to a financial institution or a 
5.28 	qualifying organization. A financial institution or qualifying organization accepting 
5.29 	assignment must pay the amount secured by the assignment to a third-party vendor. The 
5.30 	commissioner of education shall, upon request from a third-party vendor, certify that the 
5.31 	vendor's products and services qualify for the education credit. A denial of a certification 
6.1 	is subject to the contested case procedure under may be appealed to the commissioner 
6.2 	pursuant to this subdivision and notwithstanding chapter 14. A financial institution or 
6.3 	qualifying organization that accepts assignments under this section must verify as part of 
6.4 	the assignment documentation that the product or service to be provided by the third-party 
6.5 	vendor has been certified by the commissioner of education as qualifying for the education 
6.6 	credit. The amount assigned for the current and future taxable years may not exceed the 
6.7 	maximum allowable education credit for the current taxable year. Both the taxpayer and 
6.8 	spouse must consent to the assignment of a refund from a joint return.

6.9 	ARTICLE 2
6.10 	EDUCATION EXCELLENCE

6.11 	Section 1. Minnesota Statutes 2022, section 120A.22, subdivision 10, is amended to read:
6.12 		Subd. 10.Requirements for instructors. A person who is providing instruction to a 
6.13 	child must meet at least one of the following requirements:
6.14 	(1) hold a valid Minnesota teaching license in the field and for the grade level taught;
6.15 	(2) be directly supervised by a person holding a valid Minnesota teaching license;
6.16 	(3) successfully complete a teacher competency examination;
6.17 	(4) (3) provide instruction in a school that is accredited by an accrediting agency, 
6.18 	recognized according to section 123B.445, or recognized by the commissioner;
6.19 	(5) (4) hold a baccalaureate degree; or
6.20 	(6) (5) be the parent of a child who is assessed according to the procedures in subdivision 
6.21 	11.
6.22 	Any person providing instruction in a public school must meet the requirements of clause 
6.23 	(1).

6.24 	Sec. 2. Minnesota Statutes 2022, section 120A.414, is amended by adding a subdivision 
6.25 	to read:
6.26 		Subd. 6.Other school personnel. A school district or charter school that declares an 
6.27 	e-learning day must continue to pay the full wages for scheduled work hours and benefits 
6.28 	of all school employees for the duration of the e-learning period. During the e-learning 
6.29 	period, school employees must be allowed to work from home to the extent practicable, be 
6.30 	assigned to work in an alternative location, or be retained on an on-call basis for any potential 
6.31 	need.

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

7.2 	Sec. 3. Minnesota Statutes 2022, section 120B.018, subdivision 6, is amended to read:
7.3 		Subd. 6.Required standard. "Required standard" means (1) a statewide adopted 
7.4 	expectation for student learning in the content areas of language arts, mathematics, science, 
7.5 	social studies, physical education, and the arts, or and (2) a locally adopted expectation for 
7.6 	student learning in health or the arts.

7.7 	Sec. 4. Minnesota Statutes 2022, section 120B.021, subdivision 1, is amended to read:
7.8 		Subdivision 1.Required academic standards. (a) The following subject areas are 
7.9 	required for statewide accountability:
7.10 	(1) language arts;
7.11 	(2) mathematics, encompassing algebra II, integrated mathematics III, or an equivalent 
7.12 	in high school, and to be prepared for the three credits of mathematics in grades 9 through 
7.13 	12, the grade 8 standards include completion of algebra;
7.14 	(3) science;
7.15 	(4) social studies, including history, geography, economics, and government and 
7.16 	citizenship that includes civics consistent with section 120B.02, subdivision 3;
7.17 	(5) physical education;
7.18 	(6) health, for which locally developed academic standards apply; and
7.19 	(7) the arts, for which statewide or locally developed academic standards apply, as 
7.20 	determined by the school district. Public elementary and middle schools must offer at least 
7.21 	three and require at least two of the following four five arts areas: dance; media arts; music; 
7.22 	theater; and visual arts. Public high schools must offer at least three and require at least one 
7.23 	of the following five arts areas: media arts; dance; music; theater; and visual arts.
7.24 	(b) For purposes of applicable federal law, the academic standards for language arts, 
7.25 	mathematics, and science apply to all public school students, except the very few students 
7.26 	with extreme cognitive or physical impairments for whom an individualized education 
7.27 	program team has determined that the required academic standards are inappropriate. An 
7.28 	individualized education program team that makes this determination must establish 
7.29 	alternative standards.
7.30 	(c) The department must adopt the most recent SHAPE America (Society of Health and 
7.31 	Physical Educators) kindergarten through grade 12 standards and benchmarks for physical 
8.1 	education as the required physical education academic standards. The department may 
8.2 	modify SHAPE America (Society of Health and Physical Educators) standards and adapt 
8.3 	the national standards to accommodate state interest. The modification and adaptations must 
8.4 	maintain the purpose and integrity of the national standards. The department must make 
8.5 	available sample assessments, which school districts may use as an alternative to local 
8.6 	assessments, to assess students' mastery of the physical education standards beginning in 
8.7 	the 2018-2019 school year.
8.8 	(d) A school district may include child sexual abuse prevention instruction in a health 
8.9 	curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention 
8.10 	instruction may include age-appropriate instruction on recognizing sexual abuse and assault, 
8.11 	boundary violations, and ways offenders groom or desensitize victims, as well as strategies 
8.12 	to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may 
8.13 	provide instruction under this paragraph in a variety of ways, including at an annual assembly 
8.14 	or classroom presentation. A school district may also provide parents information on the 
8.15 	warning signs of child sexual abuse and available resources.
8.16 	(e) District efforts to develop, implement, or improve instruction or curriculum as a 
8.17 	result of the provisions of this section must be consistent with sections 120B.10, 120B.11, 
8.18 	and 120B.20.

8.19 	Sec. 5. Minnesota Statutes 2022, section 120B.021, subdivision 3, is amended to read:
8.20 		Subd. 3.Rulemaking. The commissioner, consistent with the requirements of this section 
8.21 	and section 120B.022, must adopt statewide rules under section 14.389 for implementing 
8.22 	statewide rigorous core academic standards in language arts, mathematics, science, social 
8.23 	studies, physical education, and the arts. After the rules authorized under this subdivision 
8.24 	are initially adopted, the commissioner may not amend or repeal these rules nor adopt new 
8.25 	rules on the same topic without specific legislative authorization.

8.26 	Sec. 6. Minnesota Statutes 2022, section 120B.022, subdivision 1, is amended to read:
8.27 		Subdivision 1.Elective standards.  A district must establish and regularly review its 
8.28 	own standards in for career and technical education (CTE) programs. Standards must align 
8.29 	with CTE frameworks developed by the Department of Education, standards developed by 
8.30 	national CTE organizations, or recognized industry standards. A district must use the current 
8.31 	world languages standards developed by the American Council on the Teaching of Foreign 
8.32 	Languages. A school district must offer courses in all elective subject areas.

9.1 	Sec. 7. Minnesota Statutes 2022, section 120B.024, subdivision 1, is amended to read:
9.2 		Subdivision 1.Graduation requirements. (a) Students beginning 9th grade in the 
9.3 	2011-2012 school year and later must successfully complete the following high school level 
9.4 	credits for graduation:
9.5 	(1) four credits of language arts sufficient to satisfy all of the academic standards in 
9.6 	English language arts;
9.7 	(2) three credits of mathematics, including an algebra II credit or its equivalent, sufficient 
9.8 	to satisfy all of the academic standards in mathematics;
9.9 	(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th grade 
9.10 	standards in mathematics;
9.11 	(4) (3) three credits of science, including at least one credit of biology, one credit of 
9.12 	chemistry or physics, and one elective credit of science. The combination of credits under 
9.13 	this clause must be sufficient to satisfy (i) all of the academic standards in either chemistry 
9.14 	or physics and (ii) all other academic standards in science;
9.15 	(5) (4) three and one-half credits of social studies, including credit for a course in 
9.16 	government and citizenship for students beginning grade 9 in the 2024-2025 school year 
9.17 	and later or an advanced placement, international baccalaureate, or other rigorous course 
9.18 	on government and citizenship under section 120B.021, subdivision 1a, and a combination 
9.19 	of other credits encompassing at least United States history, geography, government and 
9.20 	citizenship, world history, and economics sufficient to satisfy all of the academic standards 
9.21 	in social studies;
9.22 	(6) (5) one credit of the arts sufficient to satisfy all of the state or local academic standards 
9.23 	in the arts; and
9.24 	(7) (6) credits sufficient to satisfy the state standards in physical education; and
9.25 	(7) a minimum of seven elective credits.
9.26 	(b) A school district is encouraged to offer a course for credit in government and 
9.27 	citizenship to 11th or 12th grade students who begin 9th grade in the 2020-2021 school year 
9.28 	and later, that satisfies the government and citizenship requirement in paragraph (a), clause 
9.29 	(5).

9.30 	EFFECTIVE DATE. This section is effective for the 2024-2025 school year and later.

10.1 	Sec. 8. Minnesota Statutes 2022, section 120B.024, subdivision 2, is amended to read:
10.2 		Subd. 2.Credit equivalencies. (a) A one-half credit of economics taught in a school's 
10.3 	agriculture agricultural, food, and natural resources education or business education program 
10.4 	or department may fulfill a one-half credit in social studies under subdivision 1, clause (5), 
10.5 	if the credit is sufficient to satisfy all of the academic standards in economics.
10.6 	(b) An agriculture science or career and technical education credit may fulfill the elective 
10.7 	science credit required under subdivision 1, clause (4), if the credit meets the state physical 
10.8 	science, life science, earth and space science, chemistry, or physics academic standards or 
10.9 	a combination of these academic standards as approved by the district. An agriculture or 
10.10 	career and technical education credit may fulfill the credit in chemistry or physics required 
10.11 	under subdivision 1, clause (4), if the credit meets the state chemistry or physics academic 
10.12 	standards as approved by the district. A student must satisfy either all of the chemistry 
10.13 	academic standards or all of the physics academic standards prior to graduation. An 
10.14 	agriculture science or career and technical education credit may not fulfill the required 
10.15 	biology credit under subdivision 1, clause (4).
10.16 	(c) A career and technical education credit may fulfill a mathematics or arts credit 
10.17 	requirement under subdivision 1, clause (2) or (6).
10.18 	(d) An agriculture agricultural, food, and natural resources education teacher is not 
10.19 	required to meet the requirements of Minnesota Rules, part 3505.1150, subpart 1 2, item 
10.20 	B, to meet the credit equivalency requirements of paragraph (b) above.
10.21 	(e) A computer science credit may fulfill a mathematics credit requirement under 
10.22 	subdivision 1, clause (2), if the credit meets state academic standards in mathematics.
10.23 	(f) A Project Lead the Way credit may fulfill a science or mathematics credit requirement 
10.24 	under subdivision 1, clause (2) or (4), if the credit meets the state academic standards in 
10.25 	science or mathematics.

10.26 	Sec. 9. [120B.025] ETHNIC STUDIES.
10.27 	"Ethnic studies" means the critical and interdisciplinary study of race, ethnicity, and 
10.28 	indigeneity with a focus on the experiences and perspectives of people of color within and 
10.29 	beyond the United States. Ethnic studies analyzes the ways in which race and racism have 
10.30 	been and continue to be powerful social, cultural, and political forces, and the connection 
10.31 	of race to the stratification of other groups, including stratification based on gender, class, 
10.32 	sexuality, religion, and legal status.

11.1 	Sec. 10. Minnesota Statutes 2022, section 120B.11, subdivision 1, is amended to read:
11.2 		Subdivision 1.Definitions. For the purposes of this section and section 120B.10, the 
11.3 	following terms have the meanings given them.
11.4 	(a) "Instruction" means methods of providing learning experiences that enable a student 
11.5 	to meet state and district academic standards and graduation requirements including applied 
11.6 	and experiential learning.
11.7 	(b) "Curriculum" means district or school adopted programs and written plans for 
11.8 	providing students with learning experiences that lead to expected knowledge and skills 
11.9 	and career and college readiness.
11.10 	(c) "World's best workforce" means striving to: meet school readiness goals; have all 
11.11 	third grade students achieve grade-level literacy; close the academic achievement gap among 
11.12 	all racial and ethnic groups of students and between students living in poverty and students 
11.13 	not living in poverty; have all students attain career and college readiness before graduating 
11.14 	from high school; and have all students graduate from high school.
11.15 	(d) "Experiential learning" means learning for students that includes career exploration 
11.16 	through a specific class or course or through work-based experiences such as job shadowing, 
11.17 	mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative 
11.18 	work experience, youth apprenticeship, or employment.
11.19 	(e) "Ethnic studies curriculum" means the critical and interdisciplinary study of race, 
11.20 	ethnicity, and indigeneity with a focus on the experiences and perspectives of People of 
11.21 	Color within and beyond the United States. Ethnic studies analyzes the ways in which race 
11.22 	and racism have been and continue to be powerful social, cultural, and political forces, and 
11.23 	the connection of race to the stratification of other groups, including stratification based on 
11.24 	gender, class, sexuality, religion, and legal status. The ethnic studies curriculum may be 
11.25 	integrated in existing curricular opportunities or provided through additional curricular 
11.26 	offerings.
11.27 	(f) "Antiracist" means actively working to identify and eliminate racism in all forms so 
11.28 	that power and resources are redistributed and shared equitably among racial groups.
11.29 	(g) "Culturally sustaining" means integrating content and practices that infuse the culture 
11.30 	and language of Black, Indigenous, and People of Color communities who have been and 
11.31 	continue to be harmed and erased through schooling.
12.1 	(h) "Institutional racism" means structures, policies, and practices within and across 
12.2 	institutions that produce outcomes that chronically favor white people and disadvantage 
12.3 	those who are Black, Indigenous, and People of Color.

12.4 	Sec. 11. Minnesota Statutes 2022, section 120B.11, subdivision 2, is amended to read:
12.5 		Subd. 2.Adopting plans and budgets.  A school board, at a public meeting, shall must
12.6 	adopt a comprehensive, long-term strategic plan to support and improve teaching and 
12.7 	learning that is aligned with creating the world's best workforce and includes:
12.8 	(1) clearly defined district and school site goals and benchmarks for instruction and 
12.9 	student achievement for all student subgroups identified in section 120B.35, subdivision 3, 
12.10 	paragraph (b), clause (2);
12.11 	(2) a process to: assess and evaluate each student's progress toward meeting state and 
12.12 	local academic standards,; assess and identify students to participate in gifted and talented 
12.13 	programs and accelerate their instruction, and; adopt early-admission procedures consistent 
12.14 	with section 120B.15,; assess ethnic studies curriculum needs to determine priorities for 
12.15 	integrating ethnic studies into existing courses or developing new courses; and identifying
12.16 	identify the strengths and weaknesses of instruction in pursuit of student and school success 
12.17 	and curriculum affecting students' progress and growth toward career and college readiness 
12.18 	and leading to the world's best workforce;
12.19 	(3) a system to periodically review and evaluate the effectiveness of all instruction and 
12.20 	curriculum, including ethnic studies curriculum, taking into account strategies and best 
12.21 	practices, student outcomes, school principal evaluations under section 123B.147, subdivision 
12.22 	3, students' access to effective teachers who are members of populations underrepresented 
12.23 	among the licensed teachers in the district or school and who reflect the diversity of enrolled 
12.24 	students under section 120B.35, subdivision 3, paragraph (b), clause (2), and teacher 
12.25 	evaluations under section 122A.40, subdivision 8, or 122A.41, subdivision 5;
12.26 	(4) strategies for improving instruction, curriculum, and student achievement, including:
12.27 	(i) the English and, where practicable, the native language development and the academic 
12.28 	achievement of English learners; and
12.29 	(ii) access to ethnic studies curriculum using culturally responsive methodologies for 
12.30 	all learners;
12.31 	(5) a process to examine the equitable distribution of teachers and strategies to ensure 
12.32 	children in low-income and minority children families, children in families of People of 
13.1 	Color, and children in American Indian families are not taught at higher rates than other 
13.2 	children by inexperienced, ineffective, or out-of-field teachers;
13.3 	(6) education effectiveness practices that:
13.4 	(i) integrate high-quality instruction, rigorous curriculum, technology, and curriculum 
13.5 	that is rigorous, accurate, antiracist, and culturally sustaining;
13.6 	(ii) ensure learning and work environments validate, affirm, embrace, and integrate 
13.7 	cultural and community strengths for all students, families, and employees; and
13.8 	(iii) provide a collaborative professional culture that develops and supports seeks to 
13.9 	retain qualified, racially and ethnically diverse staff effective at working with diverse students 
13.10 	while developing and supporting teacher quality, performance, and effectiveness; and
13.11 	(7) an annual budget for continuing to implement the district plan.; and
13.12 	(8) identifying a list of suggested and required materials, resources, sample curricula, 
13.13 	and pedagogical skills for use in kindergarten through grade 12 that accurately reflect the 
13.14 	diversity of the state of Minnesota.

13.15 	EFFECTIVE DATE. This section is effective for all strategic plans reviewed and 
13.16 	updated after June 30, 2024.

13.17 	Sec. 12. Minnesota Statutes 2022, section 120B.11, subdivision 3, is amended to read:
13.18 		Subd. 3.District advisory committee. Each school board shall must establish an advisory 
13.19 	committee to ensure active community participation in all phases of planning and improving 
13.20 	the instruction and curriculum affecting state and district academic standards, consistent 
13.21 	with subdivision 2. A district advisory committee, to the extent possible, shall must reflect 
13.22 	the diversity of the district and its school sites, include teachers, parents, support staff, 
13.23 	students, and other community residents, and provide translation to the extent appropriate 
13.24 	and practicable. The district advisory committee shall must pursue community support to 
13.25 	accelerate the academic and native literacy and achievement of English learners with varied 
13.26 	needs, from young children to adults, consistent with section 124D.59, subdivisions 2 and 
13.27 	2a. The district may establish site teams as subcommittees of the district advisory committee 
13.28 	under subdivision 4. The district advisory committee shall must recommend to the school 
13.29 	board: rigorous academic standards,; student achievement goals and measures consistent 
13.30 	with subdivision 1a and sections 120B.022, subdivisions 1a and 1b, and 120B.35,; district 
13.31 	assessments,; means to improve students' equitable access to effective and more diverse 
13.32 	teachers,; strategies to ensure the curriculum is rigorous, accurate, antiracist, and culturally 
13.33 	sustaining; strategies to ensure that curriculum and learning and work environments validate, 
14.1 	affirm, embrace, and integrate the cultural and community strengths of all racial and ethnic 
14.2 	groups; and program evaluations. School sites may expand upon district evaluations of 
14.3 	instruction, curriculum, assessments, or programs. Whenever possible, parents and other 
14.4 	community residents shall must comprise at least two-thirds of advisory committee members.

14.5 	Sec. 13. Minnesota Statutes 2022, section 120B.15, is amended to read:
14.6 	120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS AND SERVICES.
14.7 	(a) School districts may identify students, locally develop programs and services 
14.8 	addressing instructional and affective needs, provide staff development, and evaluate 
14.9 	programs to provide gifted and talented students with challenging and appropriate educational 
14.10 	programs and services.
14.11 	(b) School districts must adopt guidelines for assessing and identifying students for 
14.12 	participation in gifted and talented programs and services consistent with section 120B.11, 
14.13 	subdivision 2, clause (2). The guidelines should include the use of:
14.14 	(1) multiple and objective criteria; and
14.15 	(2) assessments and procedures that are valid and reliable, fair, and based on current 
14.16 	theory and research. Assessments and procedures should be sensitive to underrepresented 
14.17 	groups, including, but not limited to, low-income, minority, twice-exceptional, and English 
14.18 	learners.
14.19 	(c) School districts must adopt procedures for the academic acceleration of gifted and 
14.20 	talented students consistent with section 120B.11, subdivision 2, clause (2). These procedures 
14.21 	must include how the district will:
14.22 	(1) assess a student's readiness and motivation for acceleration; and
14.23 	(2) match the level, complexity, and pace of the curriculum to a student to achieve the 
14.24 	best type of academic acceleration for that student.
14.25 	(d) School districts must adopt procedures consistent with section 124D.02, subdivision 
14.26 	1, for early admission to kindergarten or first grade of gifted and talented learners consistent 
14.27 	with section 120B.11, subdivision 2, clause (2). The procedures must be sensitive to 
14.28 	underrepresented groups.

14.29 	Sec. 14. Minnesota Statutes 2022, section 120B.30, subdivision 1, is amended to read:
14.30 		Subdivision 1.Statewide testing.  (a) The commissioner, with advice from experts with 
14.31 	appropriate technical qualifications and experience and stakeholders, consistent with 
15.1 	subdivision 1a, must include in the comprehensive assessment system, for each grade level 
15.2 	to be tested, state-constructed tests developed as computer-adaptive reading and mathematics 
15.3 	assessments for students that are aligned with the state's required academic standards under 
15.4 	section 120B.021, include multiple choice questions, and are administered annually to all 
15.5 	students in grades 3 through 8. State-developed high school tests aligned with the state's 
15.6 	required academic standards under section 120B.021 and administered to all high school 
15.7 	students in a subject other than writing must include multiple choice questions. The 
15.8 	commissioner must establish a testing period as late as possible each school year during 
15.9 	which schools must administer the Minnesota Comprehensive Assessments to students. The 
15.10 	commissioner must publish the testing schedule at least two years before the beginning of 
15.11 	the testing period.
15.12 	(b) The state assessment system must be aligned to the most recent revision of academic 
15.13 	standards as described in section 120B.023 in the following manner:
15.14 	(1) mathematics;
15.15 	(i) grades 3 through 8 beginning in the 2010-2011 school year; and
15.16 	(ii) high school level beginning in the 2013-2014 school year;
15.17 	(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012 
15.18 	school year; and
15.19 	(3) language arts and reading; grades 3 through 8 and high school level beginning in the 
15.20 	2012-2013 school year.
15.21 	(c) For students enrolled in grade 8 in the 2012-2013 school year and later, students' 
15.22 	state graduation requirements, based on a longitudinal, systematic approach to student 
15.23 	education and career planning, assessment, instructional support, and evaluation, include 
15.24 	the following:
15.25 	(1) achievement and career and college readiness in mathematics, reading, and writing, 
15.26 	consistent with paragraph (k) and to the extent available, to monitor students' continuous 
15.27 	development of and growth in requisite knowledge and skills; analyze students' progress 
15.28 	and performance levels, identifying students' academic strengths and diagnosing areas where 
15.29 	students require curriculum or instructional adjustments, targeted interventions, or 
15.30 	remediation; and, based on analysis of students' progress and performance data, determine 
15.31 	students' learning and instructional needs and the instructional tools and best practices that 
15.32 	support academic rigor for the student; and
16.1 	(2) consistent with this paragraph and section 120B.125, age-appropriate exploration 
16.2 	and planning activities and career assessments to encourage students to identify personally 
16.3 	relevant career interests and aptitudes and help students and their families develop a regularly 
16.4 	reexamined transition plan for postsecondary education or employment without need for 
16.5 	postsecondary remediation.
16.6 	Based on appropriate state guidelines, students with an individualized education program 
16.7 	may satisfy state graduation requirements by achieving an individual score on the 
16.8 	state-identified alternative assessments.
16.9 	(d) Expectations of schools, districts, and the state for career or college readiness under 
16.10 	this subdivision must be comparable in rigor, clarity of purpose, and rates of student 
16.11 	completion.
16.12 	A student under paragraph (c), clause (1), must receive targeted, relevant, academically 
16.13 	rigorous, and resourced instruction, which may include a targeted instruction and intervention 
16.14 	plan focused on improving the student's knowledge and skills in core subjects so that the 
16.15 	student has a reasonable chance to succeed in a career or college without need for 
16.16 	postsecondary remediation. Consistent with sections 120B.13, 124D.09, 124D.091, 124D.49, 
16.17 	and related sections, an enrolling school or district must actively encourage a student in 
16.18 	grade 11 or 12 who is identified as academically ready for a career or college to participate 
16.19 	in courses and programs awarding college credit to high school students. Students are not 
16.20 	required to achieve a specified score or level of proficiency on an assessment under this 
16.21 	subdivision to graduate from high school.
16.22 	(e) Though not a high school graduation requirement, students are encouraged to 
16.23 	participate in a nationally recognized college entrance exam. To the extent state funding 
16.24 	for college entrance exam fees is available, a district must pay the cost, one time, for an 
16.25 	interested student in grade 11 or 12 who is eligible for a free or reduced-price meal, to take 
16.26 	a nationally recognized college entrance exam before graduating. A student must be able 
16.27 	to take the exam under this paragraph at the student's high school during the school day and 
16.28 	at any one of the multiple exam administrations available to students in the district. A district 
16.29 	may administer the ACT or SAT or both the ACT and SAT to comply with this paragraph. 
16.30 	If the district administers only one of these two tests and a free or reduced-price meal eligible 
16.31 	student opts not to take that test and chooses instead to take the other of the two tests, the 
16.32 	student may take the other test at a different time or location and remains eligible for the 
16.33 	examination fee reimbursement. Notwithstanding sections 123B.34 to 123B.39, a school 
16.34 	district may require a student that is not eligible for a free or reduced-price meal to pay the 
17.1 	cost of taking a nationally recognized college entrance exam. The district must waive the 
17.2 	cost for a student unable to pay.
17.3 	(f) The commissioner and the chancellor of the Minnesota State Colleges and Universities 
17.4 	must collaborate in aligning instruction and assessments for adult basic education students 
17.5 	and English learners to provide the students with diagnostic information about any targeted 
17.6 	interventions, accommodations, modifications, and supports they need so that assessments 
17.7 	and other performance measures are accessible to them and they may seek postsecondary 
17.8 	education or employment without need for postsecondary remediation. When administering 
17.9 	formative or summative assessments used to measure the academic progress, including the 
17.10 	oral academic development, of English learners and inform their instruction, schools must 
17.11 	ensure that the assessments are accessible to the students and students have the modifications 
17.12 	and supports they need to sufficiently understand the assessments.
17.13 	(g) Districts and schools, on an annual basis, must use career exploration elements to 
17.14 	help students, beginning no later than grade 9, and their families explore and plan for 
17.15 	postsecondary education or careers based on the students' interests, aptitudes, and aspirations. 
17.16 	Districts and schools must use timely regional labor market information and partnerships, 
17.17 	among other resources, to help students and their families successfully develop, pursue, 
17.18 	review, and revise an individualized plan for postsecondary education or a career. This 
17.19 	process must help increase students' engagement in and connection to school, improve 
17.20 	students' knowledge and skills, and deepen students' understanding of career pathways as 
17.21 	a sequence of academic and career courses that lead to an industry-recognized credential, 
17.22 	an associate's degree, or a bachelor's degree and are available to all students, whatever their 
17.23 	interests and career goals.
17.24 	(h) A student who demonstrates attainment of required state academic standards, which 
17.25 	include career and college readiness benchmarks, on high school assessments under 
17.26 	subdivision 1a is academically ready for a career or college and is encouraged to participate 
17.27 	in courses awarding college credit to high school students. Such courses and programs may 
17.28 	include sequential courses of study within broad career areas and technical skill assessments 
17.29 	that extend beyond course grades.
17.30 	(i) As appropriate, students through grade 12 must continue to participate in targeted 
17.31 	instruction, intervention, or remediation and be encouraged to participate in courses awarding 
17.32 	college credit to high school students.
17.33 	(j) In developing, supporting, and improving students' academic readiness for a career 
17.34 	or college, schools, districts, and the state must have a continuum of empirically derived, 
18.1 	clearly defined benchmarks focused on students' attainment of knowledge and skills so that 
18.2 	students, their parents, and teachers know how well students must perform to have a 
18.3 	reasonable chance to succeed in a career or college without need for postsecondary 
18.4 	remediation. The commissioner, in consultation with local school officials and educators, 
18.5 	and Minnesota's public postsecondary institutions must ensure that the foundational 
18.6 	knowledge and skills for students' successful performance in postsecondary employment 
18.7 	or education and an articulated series of possible targeted interventions are clearly identified 
18.8 	and satisfy Minnesota's postsecondary admissions requirements.
18.9 	(k) For students in grade 8 in the 2012-2013 school year and later, a school, district, or 
18.10 	charter school must record on the high school transcript a student's progress toward career 
18.11 	and college readiness, and for other students as soon as practicable.
18.12 	(l) The school board granting students their diplomas may formally decide to include a 
18.13 	notation of high achievement on the high school diplomas of those graduating seniors who, 
18.14 	according to established school board criteria, demonstrate exemplary academic achievement 
18.15 	during high school.
18.16 	(m) The 3rd through 8th grade computer-adaptive assessment results and high school 
18.17 	test results must be available to districts for diagnostic purposes affecting student learning 
18.18 	and district instruction and curriculum, and for establishing educational accountability. The 
18.19 	commissioner, in consultation with the chancellor of the Minnesota State Colleges and 
18.20 	Universities, must establish empirically derived benchmarks on the high school tests that 
18.21 	reveal a trajectory toward career and college readiness consistent with section 136F.302, 
18.22 	subdivision 1a. The commissioner must disseminate to the public the computer-adaptive 
18.23 	assessments and high school test results upon receiving those results.
18.24 	(n) The grades 3 through 8 computer-adaptive assessments and high school tests must 
18.25 	be aligned with state academic standards. The commissioner must determine the testing 
18.26 	process and the order of administration. The statewide results must be aggregated at the site 
18.27 	and district level, consistent with subdivision 1a.
18.28 	(o) The commissioner must include the following components in the statewide public 
18.29 	reporting system:
18.30 	(1) uniform statewide computer-adaptive assessments of all students in grades 3 through 
18.31 	8 and testing at the high school levels that provides appropriate, technically sound 
18.32 	accommodations or alternate assessments;
18.33 	(2) educational indicators that can be aggregated and compared across school districts 
18.34 	and across time on a statewide basis, including average daily attendance consistent 
19.1 	attendance, high school graduation rates, and high school drop-out rates by age and grade 
19.2 	level;
19.3 	(3) state results on the American College Test ACT test; and
19.4 	(4) state results from participation in the National Assessment of Educational Progress 
19.5 	so that the state can benchmark its performance against the nation and other states, and, 
19.6 	where possible, against other countries, and contribute to the national effort to monitor 
19.7 	achievement.
19.8 	(p) For purposes of statewide accountability, "career and college ready" means a high 
19.9 	school graduate has the knowledge, skills, and competencies to successfully pursue a career 
19.10 	pathway, including postsecondary credit leading to a degree, diploma, certificate, or 
19.11 	industry-recognized credential and employment. Students who are career and college ready 
19.12 	are able to successfully complete credit-bearing coursework at a two- or four-year college 
19.13 	or university or other credit-bearing postsecondary program without need for remediation.
19.14 	(q) For purposes of statewide accountability, "cultural competence," "cultural 
19.15 	competency," or "culturally competent" means the ability of families and educators to 
19.16 	interact effectively with people of different cultures, native languages, and socioeconomic 
19.17 	backgrounds.

19.18 	Sec. 15. Minnesota Statutes 2022, section 120B.30, subdivision 1a, is amended to read:
19.19 		Subd. 1a.Statewide and local assessments; results. (a) For purposes of this section, 
19.20 	the following definitions have the meanings given them.
19.21 	(1) "Computer-adaptive assessments" means fully adaptive assessments.
19.22 	(2) "Fully adaptive assessments" include test items that are on-grade level and items that 
19.23 	may be above or below a student's grade level.
19.24 	(3) "On-grade level" test items contain subject area content that is aligned to state 
19.25 	academic standards for the grade level of the student taking the assessment.
19.26 	(4) "Above-grade level" test items contain subject area content that is above the grade 
19.27 	level of the student taking the assessment and is considered aligned with state academic 
19.28 	standards to the extent it is aligned with content represented in state academic standards 
19.29 	above the grade level of the student taking the assessment. Notwithstanding the student's 
19.30 	grade level, administering above-grade level test items to a student does not violate the 
19.31 	requirement that state assessments must be aligned with state standards.
20.1 	(5) "Below-grade level" test items contain subject area content that is below the grade 
20.2 	level of the student taking the test and is considered aligned with state academic standards 
20.3 	to the extent it is aligned with content represented in state academic standards below the 
20.4 	student's current grade level. Notwithstanding the student's grade level, administering 
20.5 	below-grade level test items to a student does not violate the requirement that state 
20.6 	assessments must be aligned with state standards.
20.7 	(b) The commissioner must use fully adaptive mathematics and reading assessments for 
20.8 	grades 3 through 8.
20.9 	(c) (a) For purposes of conforming with existing federal educational accountability 
20.10 	requirements, the commissioner must develop and implement computer-adaptive reading 
20.11 	and mathematics assessments for grades 3 through 8, state-developed high school reading 
20.12 	and mathematics tests aligned with state academic standards, a high school writing test 
20.13 	aligned with state standards when it becomes available, and science assessments under 
20.14 	clause (2) that districts and sites must use to monitor student growth toward achieving those 
20.15 	standards. The commissioner must not develop statewide assessments for academic standards 
20.16 	in social studies, health and physical education, and the arts. The commissioner must require:
20.17 	(1) annual computer-adaptive reading and mathematics assessments in grades 3 through 
20.18 	8, and high school reading, writing, and mathematics tests; and
20.19 	(2) annual science assessments in one grade in the grades 3 through 5 span, the grades 
20.20 	6 through 8 span, and a life sciences assessment in the grades 9 through 12 span, and the 
20.21 	commissioner must not require students to achieve a passing score on high school science 
20.22 	assessments as a condition of receiving a high school diploma.
20.23 	(d) (b) The commissioner must ensure that for annual computer-adaptive assessments:
20.24 	(1) individual student performance data and achievement reports are available within 
20.25 	three school days of when students take an assessment except in a year when an assessment 
20.26 	reflects new performance standards;
20.27 	(2) growth information is available for each student from the student's first assessment 
20.28 	to each proximate assessment using a constant measurement scale;
20.29 	(3) parents, teachers, and school administrators are able to use elementary and middle 
20.30 	school student performance data to project students' secondary and postsecondary 
20.31 	achievement; and
20.32 	(4) useful diagnostic information about areas of students' academic strengths and 
20.33 	weaknesses is available to teachers and school administrators for improving student 
21.1 	instruction and indicating the specific skills and concepts that should be introduced and 
21.2 	developed for students at given performance levels, organized by strands within subject 
21.3 	areas, and aligned to state academic standards.
21.4 	(e) (c) The commissioner must ensure that all state tests administered to elementary and 
21.5 	secondary students measure students' academic knowledge and skills and not students' 
21.6 	values, attitudes, and beliefs.
21.7 	(f) (d) Reporting of state assessment results must:
21.8 	(1) provide timely, useful, and understandable information on the performance of 
21.9 	individual students, schools, school districts, and the state;
21.10 	(2) include a growth indicator of student achievement; and
21.11 	(3) determine whether students have met the state's academic standards.
21.12 	(g) (e) Consistent with applicable federal law, the commissioner must include appropriate, 
21.13 	technically sound accommodations or alternative assessments for the very few students with 
21.14 	disabilities for whom statewide assessments are inappropriate and for English learners.
21.15 	(h) (f) A school, school district, and charter school must administer statewide assessments 
21.16 	under this section, as the assessments become available, to evaluate student progress toward 
21.17 	career and college readiness in the context of the state's academic standards. A school, 
21.18 	school district, or charter school may use a student's performance on a statewide assessment 
21.19 	as one of multiple criteria to determine grade promotion or retention. A school, school 
21.20 	district, or charter school may use a high school student's performance on a statewide 
21.21 	assessment as a percentage of the student's final grade in a course, or place a student's 
21.22 	assessment score on the student's transcript.

21.23 	Sec. 16. Minnesota Statutes 2022, section 120B.301, is amended to read:
21.24 	120B.301 LIMITS ON LOCAL TESTING.
21.25 	(a) For students in grades 1 through 6, the cumulative total amount of time spent taking 
21.26 	locally adopted districtwide or schoolwide assessments must not exceed ten hours per school 
21.27 	year. For students in grades 7 through 12, the cumulative total amount of time spent taking 
21.28 	locally adopted districtwide or schoolwide assessments must not exceed 11 hours per school 
21.29 	year. For purposes of this paragraph, international baccalaureate and advanced placement 
21.30 	exams are not considered locally adopted assessments.
21.31 	(b) A district or charter school is exempt from the requirements of paragraph (a), if the 
21.32 	district or charter school, in consultation with the exclusive representative of the teachers 
22.1 	or other teachers if there is no exclusive representative of the teachers, decides to exceed a 
22.2 	time limit in paragraph (a) and includes the information in the report required under section 
22.3 	120B.11, subdivision 5.
22.4 	(c) A district or charter school, before the first day of each school year, must publish on 
22.5 	its website a comprehensive calendar of standardized tests to be administered in the district 
22.6 	or charter school during that school year. The calendar must provide the rationale for 
22.7 	administering each assessment and indicate whether the assessment is a local option or 
22.8 	required by state or federal law. The calendar must be published at least one week prior to 
22.9 	any eligible assessments being administered but no later than October 1.

22.10 	Sec. 17. Minnesota Statutes 2022, section 120B.35, subdivision 3, is amended to read:
22.11 		Subd. 3.State growth target measures; other state measures. (a)(1) The state's 
22.12 	educational assessment system measuring individual students' educational growth is based 
22.13 	on indicators of current achievement growth that show growth relative to an individual 
22.14 	student's prior achievement. Indicators of achievement and prior achievement must be based 
22.15 	on highly reliable statewide or districtwide assessments.
22.16 	(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and 
22.17 	report separate categories of information using the student categories identified under the 
22.18 	federal Elementary and Secondary Education Act, as most recently reauthorized, and, in 
22.19 	addition to "other" for each race and ethnicity, and the Karen community, seven of the most 
22.20 	populous Asian and Pacific Islander groups, three of the most populous Native groups, 
22.21 	seven of the most populous Hispanic/Latino groups, and five of the most populous Black 
22.22 	and African Heritage groups as determined by the total Minnesota population based on the 
22.23 	most recent American Community Survey; English learners under section 124D.59; home 
22.24 	language; free or reduced-price lunch; and all students enrolled in a Minnesota public school 
22.25 	who are currently or were previously in foster care, except that such disaggregation and 
22.26 	cross tabulation is not required if the number of students in a category is insufficient to yield 
22.27 	statistically reliable information or the results would reveal personally identifiable information 
22.28 	about an individual student.
22.29 	(b) The commissioner, in consultation with a stakeholder group that includes assessment 
22.30 	and evaluation directors, district staff, experts in culturally responsive teaching, and 
22.31 	researchers, must implement a an appropriate growth model that compares the difference 
22.32 	in students' achievement scores over time, and includes criteria for identifying schools and 
22.33 	school districts that demonstrate academic progress or progress toward English language 
22.34 	proficiency. The model may be used to advance educators' professional development and 
23.1 	replicate programs that succeed in meeting students' diverse learning needs. Data on 
23.2 	individual teachers generated under the model are personnel data under section 13.43. The 
23.3 	model must allow users to:
23.4 	(1) report student growth consistent with this paragraph; and
23.5 	(2) for all student categories, report and compare aggregated and disaggregated state 
23.6 	student growth and, under section 120B.11, subdivision 2, clause (2), student learning and 
23.7 	outcome data using the student categories identified under the federal Elementary and 
23.8 	Secondary Education Act, as most recently reauthorized, and other student categories under 
23.9 	paragraph (a), clause (2).
23.10 	The commissioner must report measures of student growth and, under section 120B.11, 
23.11 	subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph, 
23.12 	including the English language development, academic progress, and oral academic 
23.13 	development of English learners and their native language development if the native language 
23.14 	is used as a language of instruction, and include data on all pupils enrolled in a Minnesota 
23.15 	public school course or program who are currently or were previously counted as an English 
23.16 	learner under section 124D.59.
23.17 	(c) When reporting student performance under section 120B.36, subdivision 1, the 
23.18 	commissioner annually, beginning July 1, 2011, must report two core measures indicating 
23.19 	the extent to which current high school graduates are being prepared for postsecondary 
23.20 	academic and career opportunities:
23.21 	(1) a preparation measure indicating the number and percentage of high school graduates 
23.22 	in the most recent school year who completed course work important to preparing them for 
23.23 	postsecondary academic and career opportunities, consistent with the core academic subjects 
23.24 	required for admission to Minnesota's public colleges and universities as determined by the 
23.25 	Office of Higher Education under chapter 136A; and
23.26 	(2) a rigorous coursework measure indicating the number and percentage of high school 
23.27 	graduates in the most recent school year who successfully completed one or more 
23.28 	college-level advanced placement, international baccalaureate, postsecondary enrollment 
23.29 	options including concurrent enrollment, other rigorous courses of study under section 
23.30 	120B.021, subdivision 1a, or industry certification courses or programs.
23.31 	When reporting the core measures under clauses (1) and (2), the commissioner must also 
23.32 	analyze and report separate categories of information using the student categories identified 
23.33 	under the federal Elementary and Secondary Education Act, as most recently reauthorized, 
23.34 	and other student categories under paragraph (a), clause (2).
24.1 	(d) When reporting student performance under section 120B.36, subdivision 1, the 
24.2 	commissioner annually, beginning July 1, 2014, must report summary data on school safety 
24.3 	and students' engagement and connection at school, consistent with the student categories 
24.4 	identified under paragraph (a), clause (2). The summary data under this paragraph are 
24.5 	separate from and must not be used for any purpose related to measuring or evaluating the 
24.6 	performance of classroom teachers. The commissioner, in consultation with qualified experts 
24.7 	on student engagement and connection and classroom teachers, must identify highly reliable 
24.8 	variables that generate summary data under this paragraph. The summary data may be used 
24.9 	at school, district, and state levels only. Any data on individuals received, collected, or 
24.10 	created that are used to generate the summary data under this paragraph are nonpublic data 
24.11 	under section 13.02, subdivision 9.
24.12 	(e) For purposes of statewide educational accountability, the commissioner must identify 
24.13 	and report measures that demonstrate the success of learning year program providers under 
24.14 	sections 123A.05 and 124D.68, among other such providers, in improving students' 
24.15 	graduation outcomes. The commissioner, beginning July 1, 2015, must annually report 
24.16 	summary data on:
24.17 	(1) the four- and six-year graduation rates of students under this paragraph;
24.18 	(2) the percent of students under this paragraph whose progress and performance levels 
24.19 	are meeting career and college readiness benchmarks under section 120B.30, subdivision 
24.20 	1; and
24.21 	(3) the success that learning year program providers experience in:
24.22 	(i) identifying at-risk and off-track student populations by grade;
24.23 	(ii) providing successful prevention and intervention strategies for at-risk students;
24.24 	(iii) providing successful recuperative and recovery or reenrollment strategies for off-track 
24.25 	students; and
24.26 	(iv) improving the graduation outcomes of at-risk and off-track students.
24.27 	The commissioner may include in the annual report summary data on other education 
24.28 	providers serving a majority of students eligible to participate in a learning year program.
24.29 	(f) The commissioner, in consultation with recognized experts with knowledge and 
24.30 	experience in assessing the language proficiency and academic performance of all English 
24.31 	learners enrolled in a Minnesota public school course or program who are currently or were 
24.32 	previously counted as an English learner under section 124D.59, must identify and report 
24.33 	appropriate and effective measures to improve current categories of language difficulty and 
25.1 	assessments, and monitor and report data on students' English proficiency levels, program 
25.2 	placement, and academic language development, including oral academic language.
25.3 	(g) When reporting four- and six-year graduation rates, the commissioner or school 
25.4 	district must disaggregate the data by student categories according to paragraph (a), clause 
25.5 	(2).
25.6 	(h) A school district must inform parents and guardians that volunteering information 
25.7 	on student categories not required by the most recent reauthorization of the Elementary and 
25.8 	Secondary Education Act is optional and will not violate the privacy of students or their 
25.9 	families, parents, or guardians. The notice must state the purpose for collecting the student 
25.10 	data.

25.11 	Sec. 18. Minnesota Statutes 2022, section 120B.36, subdivision 2, is amended to read:
25.12 		Subd. 2.Student progress and other data. (a) All data the department receives, collects, 
25.13 	or creates under section 120B.11, governing the world's best workforce, or uses to determine 
25.14 	federal expectations under the most recently reauthorized Elementary and Secondary 
25.15 	Education Act, set state growth targets, and determine student growth, learning, and outcomes 
25.16 	under section 120B.35 are nonpublic data under section 13.02, subdivision 9, until the 
25.17 	commissioner publicly releases the data.
25.18 	(b) Districts must provide parents sufficiently detailed summary data to permit parents 
25.19 	to appeal under the most recently reauthorized federal Elementary and Secondary Education 
25.20 	Act. The commissioner shall annually post federal expectations and state student growth, 
25.21 	learning, and outcome data to the department's public website no later than September 1, 
25.22 	except that in years when data or federal expectations reflect new performance standards, 
25.23 	the commissioner shall post data on federal expectations and state student growth data no 
25.24 	later than October 1.

25.25 	Sec. 19. Minnesota Statutes 2022, section 121A.031, subdivision 6, is amended to read:
25.26 		Subd. 6.State model policy. (a) The commissioner, in consultation with the 
25.27 	commissioner of human rights, shall develop and maintain a state model policy. A district 
25.28 	or school that does not adopt and implement a local policy under subdivisions 3 to 5 must 
25.29 	implement and may supplement the provisions of the state model policy. The commissioner 
25.30 	must assist districts and schools under this subdivision to implement the state policy. The 
25.31 	state model policy must:
25.32 	(1) define prohibited conduct, consistent with this section;
26.1 	(2) apply the prohibited conduct policy components in this section;
26.2 	(3) for a child with a disability, whenever an evaluation by an individualized education 
26.3 	program team or a section 504 team indicates that the child's disability affects the child's 
26.4 	social skills development or the child is vulnerable to prohibited conduct because of the 
26.5 	child's disability, the child's individualized education program or section 504 plan may 
26.6 	address the skills and proficiencies the child needs to not engage in and respond to such 
26.7 	conduct; and
26.8 	(4) encourage violence prevention and character development education programs under 
26.9 	section 120B.232, subdivision 1.
26.10 	(b) The commissioner shall develop and post departmental procedures for:
26.11 	(1) periodically reviewing district and school programs and policies for compliance with 
26.12 	this section;
26.13 	(2) investigating, reporting, and responding to noncompliance with this section, which 
26.14 	may include an annual review of plans to improve and provide a safe and supportive school 
26.15 	climate; and
26.16 	(3) allowing students, parents, and educators to file a complaint about noncompliance 
26.17 	with the commissioner.
26.18 	(c) The commissioner must post on the department's website information indicating that 
26.19 	when districts and schools allow non-curriculum-related student groups access to school 
26.20 	facilities, the district or school must give all student groups equal access to the school 
26.21 	facilities regardless of the content of the group members' speech.
26.22 	(d) The commissioner must develop and maintain resources to assist a district or school 
26.23 	in implementing strategies for creating a positive school climate and use evidence-based, 
26.24 	social-emotional learning to prevent and reduce discrimination and other improper conduct.

26.25 	Sec. 20. [121A.0312] MALICIOUS AND SADISTIC CONDUCT.
26.26 	(a) For purposes of this section, "malicious and sadistic conduct" means creating a hostile 
26.27 	learning environment by acting with the intent to cause harm by intentionally injuring 
26.28 	another without just cause or reason or engaging in extreme or excessive cruelty or delighting 
26.29 	in cruelty.
26.30 	(b) A school board must adopt a written policy to address malicious and sadistic conduct 
26.31 	involving race, color, creed, national origin, sex, age, marital status, status with regard to 
26.32 	public assistance, disability, religion, sexual harassment, and sexual orientation, as defined 
27.1 	in chapter 363A, and sexual exploitation by a district or school staff member, independent 
27.2 	contractor, or student enrolled in a public school against a staff member, independent 
27.3 	contractor, or student that occurs as described in section 121A.031, subdivision 1, paragraph 
27.4 	(a).
27.5 	(c) The policy must apply to students, independent contractors, teachers, administrators, 
27.6 	and other school personnel; must include at a minimum the components under section 
27.7 	121A.031, subdivision 4, paragraph (a); and must include disciplinary actions for each 
27.8 	violation of the policy. Disciplinary actions must conform with collective bargaining 
27.9 	agreements and sections 121A.41 to 121A.56.
27.10 	(d) The policy must be conspicuously posted throughout each school building, distributed 
27.11 	to each district employee and independent contractor at the time of hiring or contracting, 
27.12 	and included in each school's student handbook on school policies. Each school must develop 
27.13 	a process for discussing with students, parents of students, independent contractors, and 
27.14 	school employees the school's policy addressing malicious and sadistic conduct involving 
27.15 	race, color, creed, national origin, sex, age, marital status, status with regard to public 
27.16 	assistance, disability, religion, sexual harassment, and sexual orientation, as defined in 
27.17 	chapter 363A, and sexual exploitation.

27.18 	Sec. 21. Minnesota Statutes 2022, section 121A.41, is amended by adding a subdivision 
27.19 	to read:
27.20 		Subd. 12.Nonexclusionary disciplinary policies and practices; alternatives to pupil 
27.21 	removal and dismissal. "Nonexclusionary disciplinary policies and practices" means 
27.22 	policies and practices that are alternatives to removing a pupil from class or dismissing a 
27.23 	pupil from school, including evidence-based positive behavior interventions and supports, 
27.24 	social and emotional services, school-linked mental health services, counseling services, 
27.25 	social work services, referrals for special education or 504 evaluations, academic screening 
27.26 	for Title 1 services or reading interventions, and alternative education services. 
27.27 	Nonexclusionary disciplinary policies and practices require actions by school officials to 
27.28 	intervene in, redirect, and support a pupil's behavior before beginning dismissal proceedings. 
27.29 	Nonexclusionary disciplinary policies and practices include but are not limited to the policies 
27.30 	and practices under sections 120B.12; 121A.575, clauses (1) and (2); 121A.031, subdivision 
27.31 	4, paragraph (a), clause (1); 121A.61, subdivision 3, paragraph (r); and 122A.627, clause 
27.32 	(3).

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

28.1 	Sec. 22. Minnesota Statutes 2022, section 121A.41, is amended by adding a subdivision 
28.2 	to read:
28.3 		Subd. 13.Pupil withdrawal agreement. "Pupil withdrawal agreement" means a verbal 
28.4 	or written agreement between a school administrator or district administrator and a pupil's 
28.5 	parent to withdraw a student from the school district to avoid expulsion or exclusion dismissal 
28.6 	proceedings. The duration of the withdrawal agreement cannot be for more than a 12-month 
28.7 	period.

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

28.9 	Sec. 23. Minnesota Statutes 2022, section 121A.425, is amended to read:
28.10 	121A.425 FULL AND EQUITABLE PARTICIPATION IN PRESCHOOL AND 
28.11 	PREKINDERGARTEN EARLY LEARNING.
28.12 		Subdivision 1.Disciplinary dismissals prohibited. (a) A pupil enrolled in the following 
28.13 	is not subject to dismissals under this chapter:
28.14 	(1) a preschool or prekindergarten program, including a child participating in an early 
28.15 	childhood family education, school readiness, school readiness plus, voluntary 
28.16 	prekindergarten, Head Start, or other school-based preschool or prekindergarten program, 
28.17 	may not be subject to dismissals under this chapter; or
28.18 	(2) kindergarten through grade 3.
28.19 	(b) Notwithstanding this subdivision, expulsions and exclusions may be used only after 
28.20 	resources outlined in subdivision 2 have been exhausted, and only in circumstances where 
28.21 	there is an ongoing serious safety threat to the child or others.
28.22 		Subd. 2.Nonexclusionary discipline. For purposes of this section, nonexclusionary 
28.23 	discipline must include at least one of the following:
28.24 	(1) collaborating with the pupil's family or guardian, child mental health consultant or 
28.25 	provider, education specialist, or other community-based support;
28.26 	(2) creating a plan, written with the parent or guardian, that details the action and support 
28.27 	needed for the pupil to fully participate in the current educational program, including a 
28.28 	preschool or prekindergarten program; or
28.29 	(3) providing a referral for needed support services, including parenting education, home 
28.30 	visits, other supportive education interventions, or, where appropriate, an evaluation to 
28.31 	determine if the pupil is eligible for special education services or section 504 services.

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

29.2 	Sec. 24. Minnesota Statutes 2022, section 121A.45, subdivision 1, is amended to read:
29.3 		Subdivision 1.Provision of alternative programs. No school shall dismiss any pupil 
29.4 	without attempting to provide alternative educational services use nonexclusionary 
29.5 	disciplinary policies and practices before dismissal proceedings or pupil withdrawal 
29.6 	agreements, except where it appears that the pupil will create an immediate and substantial 
29.7 	danger to self or to surrounding persons or property.

29.8 	EFFECTIVE DATE. This section is effective for the 2024-2025 school year and later.

29.9 	Sec. 25. Minnesota Statutes 2022, section 121A.46, subdivision 4, is amended to read:
29.10 		Subd. 4.Provision of alternative education services; suspension pending expulsion 
29.11 	or exclusion hearing. (a) Alternative education services must be provided to a pupil who 
29.12 	is suspended for more than five consecutive school days.
29.13 	(b) Notwithstanding the provisions of subdivisions 1 and 3, the pupil may be suspended 
29.14 	pending the school board's decision in the expulsion or exclusion hearing; provided that 
29.15 	alternative educational services are implemented to the extent that suspension exceeds five 
29.16 	consecutive school days.

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

29.18 	Sec. 26. Minnesota Statutes 2022, section 121A.46, is amended by adding a subdivision 
29.19 	to read:
29.20 		Subd. 5.Minimum education services. School administration must allow a suspended 
29.21 	pupil the opportunity to complete all school work assigned during the period of the pupil's 
29.22 	suspension and to receive full credit for satisfactorily completing the assignments. The 
29.23 	school principal or other person having administrative control of the school building or 
29.24 	program is encouraged to designate a district or school employee as a liaison to work with 
29.25 	the pupil's teachers to allow the suspended pupil to (1) receive timely course materials and 
29.26 	other information, and (2) complete daily and weekly assignments and receive teachers' 
29.27 	feedback.

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

29.29 	Sec. 27. Minnesota Statutes 2022, section 121A.47, subdivision 2, is amended to read:
29.30 		Subd. 2.Written notice. Written notice of intent to take action shall:
30.1 	(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;
30.2 	(b) contain a complete statement of the facts, a list of the witnesses and a description of 
30.3 	their testimony;
30.4 	(c) state the date, time, and place of the hearing;
30.5 	(d) be accompanied by a copy of sections 121A.40 to 121A.56;
30.6 	(e) describe alternative educational services the nonexclusionary disciplinary practices
30.7 	accorded the pupil in an attempt to avoid the expulsion proceedings; and
30.8 	(f) inform the pupil and parent or guardian of the right to:
30.9 	(1) have a representative of the pupil's own choosing, including legal counsel, at the 
30.10 	hearing. The district shall must advise the pupil's parent or guardian that free or low-cost 
30.11 	legal assistance may be available and that a legal assistance resource list is available from 
30.12 	the Department of Education and is posted on their website;
30.13 	(2) examine the pupil's records before the hearing;
30.14 	(3) present evidence; and
30.15 	(4) confront and cross-examine witnesses.

30.16 	EFFECTIVE DATE. This section is effective for the 2024-2025 school year and later.

30.17 	Sec. 28. Minnesota Statutes 2022, section 121A.47, subdivision 14, is amended to read:
30.18 		Subd. 14.Admission or readmission plan. (a) A school administrator shall must prepare 
30.19 	and enforce an admission or readmission plan for any pupil who is excluded or expelled 
30.20 	from school. The plan may must include measures to improve the pupil's behavior, including
30.21 	which may include completing a character education program, consistent with section 
30.22 	120B.232, subdivision 1, and require social and emotional learning, counseling, social work 
30.23 	services, mental health services, referrals for special education or 504 evaluation, and 
30.24 	evidence-based academic interventions. The plan must include reasonable attempts to obtain
30.25 	parental involvement in the admission or readmission process, and may indicate the 
30.26 	consequences to the pupil of not improving the pupil's behavior.
30.27 	(b) The definition of suspension under section 121A.41, subdivision 10, does not apply 
30.28 	to a student's dismissal from school for one school day or less than one school day, except 
30.29 	as provided under federal law for a student with a disability. Each suspension action may 
30.30 	include a readmission plan. A readmission plan must provide, where appropriate, alternative 
30.31 	education services, which must not be used to extend the student's current suspension period. 
31.1 	Consistent with section 125A.091, subdivision 5, a readmission plan must not obligate a 
31.2 	parent or guardian to provide psychotropic drugs to their student as a condition of 
31.3 	readmission. School officials must not use the refusal of a parent or guardian to consent to 
31.4 	the administration of psychotropic drugs to their student or to consent to a psychiatric 
31.5 	evaluation, screening or examination of the student as a ground, by itself, to prohibit the 
31.6 	student from attending class or participating in a school-related activity, or as a basis of a 
31.7 	charge of child abuse, child neglect or medical or educational neglect.

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

31.9 	Sec. 29. Minnesota Statutes 2022, section 121A.53, subdivision 1, is amended to read:
31.10 		Subdivision 1.Exclusions and expulsions; student withdrawals; physical 
31.11 	assaults. Consistent with subdivision 2, the school board must report through the department 
31.12 	electronic reporting system each exclusion or expulsion and, each physical assault of a 
31.13 	district employee by a student pupil, and each pupil withdrawal agreement within 30 days 
31.14 	of the effective date of the dismissal action, pupil withdrawal, or assault, to the commissioner 
31.15 	of education. This report must include a statement of alternative educational services
31.16 	nonexclusionary disciplinary practices, or other sanction, intervention, or resolution in 
31.17 	response to the assault given the pupil and the reason for, the effective date, and the duration 
31.18 	of the exclusion or expulsion or other sanction, intervention, or resolution. The report must 
31.19 	also include the student's pupil's age, grade, gender, race, and special education status.

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

31.21 	Sec. 30. Minnesota Statutes 2022, section 121A.55, is amended to read:
31.22 	121A.55 POLICIES TO BE ESTABLISHED.
31.23 	(a) The commissioner of education shall must promulgate guidelines to assist each school 
31.24 	board. Each school board shall must establish uniform criteria for dismissal and adopt written 
31.25 	policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies 
31.26 	shall must include nonexclusionary disciplinary policies and practices consistent with section 
31.27 	121A.41, subdivision 12, and must emphasize preventing dismissals through early detection 
31.28 	of problems and shall. The policies must be designed to address students' inappropriate 
31.29 	behavior from recurring.
31.30 	(b) The policies shall must recognize the continuing responsibility of the school for the 
31.31 	education of the pupil during the dismissal period.
32.1 	(c) The school is responsible for ensuring that alternative educational services, if the 
32.2 	pupil wishes to take advantage of them, must be adequate to allow the pupil to make progress 
32.3 	towards toward meeting the graduation standards adopted under section 120B.02 and help 
32.4 	prepare the pupil for readmission in accordance with section 121A.46, subdivision 5.
32.5 	(d) For expulsion and exclusion dismissals and pupil withdrawal agreements as defined 
32.6 	in section 121A.41, subdivision 13:
32.7 	(1) for a pupil who remains enrolled in the district or is awaiting enrollment in a new 
32.8 	district, a school district's continuing responsibility includes reviewing the pupil's school 
32.9 	work and grades on a quarterly basis to ensure the pupil is on track for readmission with 
32.10 	the pupil's peers. School districts must communicate on a regular basis with the pupil's 
32.11 	parent or guardian to ensure the pupil is completing the work assigned through the alternative 
32.12 	educational services as defined in section 121A.41, subdivision 11. These services are 
32.13 	required until a pupil enrolls in another school or returns to the same school.
32.14 	(2) a pupil receiving school-based or school-linked mental health services in the district 
32.15 	under section 245.4889 continues to be eligible for those services until the pupil is enrolled 
32.16 	in a new district; and
32.17 	(3) a school district must provide to the pupil's parent or guardian information on 
32.18 	accessing mental health services, including any free or sliding fee providers in the 
32.19 	community. The information must also be posted on the district or charter school website.
32.20 	(b) (e) An area learning center under section 123A.05 may not prohibit an expelled or 
32.21 	excluded pupil from enrolling solely because a district expelled or excluded the pupil. The 
32.22 	board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to 
32.23 	exclude a pupil or to require an admission plan.
32.24 	(c) (f) Each school district shall develop a policy and report it to the commissioner on 
32.25 	the appropriate use of peace officers and crisis teams to remove students who have an 
32.26 	individualized education program from school grounds.

32.27 	EFFECTIVE DATE.  This section is effective for the 2024-2025 school year and later.

32.28 	Sec. 31. Minnesota Statutes 2022, section 121A.58, is amended to read:
32.29 	121A.58 CORPORAL PUNISHMENT; PRONE RESTRAINT; AND CERTAIN 
32.30 	PHYSICAL HOLDS.
32.31 		Subdivision 1.Definition Definitions. (a) For the purpose of this section, "corporal 
32.32 	punishment" means conduct involving:
33.1 	(1) hitting or spanking a person with or without an object; or
33.2 	(2) unreasonable physical force that causes bodily harm or substantial emotional harm.
33.3 	(b) For the purpose of this section, "prone restraint" means placing a child in a face-down 
33.4 	position.
33.5 		Subd. 2.Corporal punishment not allowed. An employee or agent of a district shall 
33.6 	not inflict corporal punishment or cause corporal punishment to be inflicted upon a pupil 
33.7 	to reform unacceptable conduct or as a penalty for unacceptable conduct.
33.8 		Subd. 2a.Prone restraint and certain physical holds not allowed. (a) An employee 
33.9 	or agent of a district, including a school resource officer or police officer contracted with 
33.10 	a district, shall not use prone restraint.
33.11 	(b) An employee or agent of a district, including a school resource officer or police 
33.12 	officer contracted with a district, shall not inflict any form of physical holding that restricts 
33.13 	or impairs a pupil's ability to breathe; restricts or impairs a pupil's ability to communicate 
33.14 	distress; places pressure or weight on a pupil's head, throat, neck, chest, lungs, sternum, 
33.15 	diaphragm, back, or abdomen; or results in straddling a pupil's torso.
33.16 		Subd. 3.Violation. Conduct that violates subdivision 2 is not a crime under section 
33.17 	645.241, but may be a crime under chapter 609 if the conduct violates a provision of chapter 
33.18 	609.

33.19 	Sec. 32. Minnesota Statutes 2022, section 121A.61, subdivision 1, is amended to read:
33.20 		Subdivision 1.Required policy. Each school board must adopt a written districtwide 
33.21 	school discipline policy which includes written rules of conduct for students, minimum 
33.22 	consequences for violations of the rules, and grounds and procedures for removal of a student 
33.23 	from class. The policy must contain the discipline complaint procedure that any member 
33.24 	of the school community may use to file a complaint regarding the application of discipline 
33.25 	policies and seek corrective action. The policy must be developed in consultation with 
33.26 	administrators, teachers, employees, pupils, parents, community members, law enforcement 
33.27 	agencies, county attorney offices, social service agencies, and such other individuals or 
33.28 	organizations as the board determines appropriate. A school site council may adopt additional 
33.29 	provisions to the policy subject to the approval of the school board.

33.30 	Sec. 33. Minnesota Statutes 2022, section 121A.61, subdivision 3, is amended to read:
33.31 		Subd. 3.Policy components. The policy must include at least the following components:
34.1 	(a) rules governing student conduct and procedures for informing students of the rules;
34.2 	(b) the grounds for removal of a student from a class;
34.3 	(c) the authority of the classroom teacher to remove students from the classroom pursuant 
34.4 	to procedures and rules established in the district's policy;
34.5 	(d) the procedures for removal of a student from a class by a teacher, school administrator, 
34.6 	or other school district employee;
34.7 	(e) the period of time for which a student may be removed from a class, which may not 
34.8 	exceed five class periods for a violation of a rule of conduct;
34.9 	(f) provisions relating to the responsibility for and custody of a student removed from 
34.10 	a class;
34.11 	(g) the procedures for return of a student to the specified class from which the student 
34.12 	has been removed;
34.13 	(h) the procedures for notifying a student and the student's parents or guardian of 
34.14 	violations of the rules of conduct and of resulting disciplinary actions;
34.15 	(i) any procedures determined appropriate for encouraging early involvement of parents 
34.16 	or guardians in attempts to improve a student's behavior;
34.17 	(j) any procedures determined appropriate for encouraging early detection of behavioral 
34.18 	problems;
34.19 	(k) any procedures determined appropriate for referring a student in need of special 
34.20 	education services to those services;
34.21 	(l) any procedures determined appropriate for ensuring victims of bullying who respond 
34.22 	with behavior not allowed under the school's behavior policies have access to a remedial 
34.23 	response, consistent with section 121A.031;
34.24 	(l) (m) the procedures for consideration of whether there is a need for a further assessment 
34.25 	or of whether there is a need for a review of the adequacy of a current individualized 
34.26 	education program of a student with a disability who is removed from class;
34.27 	(m) (n) procedures for detecting and addressing chemical abuse problems of a student 
34.28 	while on the school premises;
34.29 	(n) (o) the minimum consequences for violations of the code of conduct;
34.30 	(o) (p) procedures for immediate and appropriate interventions tied to violations of the 
34.31 	code;
35.1 	(p) (q) a provision that states that a teacher, school employee, school bus driver, or other 
35.2 	agent of a district may use reasonable force in compliance with section 121A.582 and other 
35.3 	laws;
35.4 	(q) (r) an agreement regarding procedures to coordinate crisis services to the extent funds 
35.5 	are available with the county board responsible for implementing sections 245.487 to 
35.6 	245.4889 for students with a serious emotional disturbance or other students who have an 
35.7 	individualized education program whose behavior may be addressed by crisis intervention; 
35.8 	and
35.9 	(r) (s) a provision that states a student must be removed from class immediately if the 
35.10 	student engages in assault or violent behavior. For purposes of this paragraph, "assault" has 
35.11 	the meaning given it in section 609.02, subdivision 10. The removal shall be for a period 
35.12 	of time deemed appropriate by the principal, in consultation with the teacher.;
35.13 	(t) a prohibition on the use of exclusionary practices for early learners as defined in 
35.14 	section 121A.425; and
35.15 	(u) a prohibition on the use of exclusionary practices to address attendance and truancy 
35.16 	issues.

35.17 	Sec. 34. Minnesota Statutes 2022, section 121A.61, is amended by adding a subdivision 
35.18 	to read:
35.19 		Subd. 4.School supports. (a) A school board is strongly encouraged to adopt a policy 
35.20 	that promotes the understanding in school staff that when a student is unable to meet adult 
35.21 	expectations it is often because the student lacks the skills to respond to a situation 
35.22 	appropriately. A school district must support school staff in using tiered interventions that 
35.23 	teach students skills and prioritize relationships between students and teachers.
35.24 	(b) A school board is strongly encouraged to adopt a policy that discourages teachers 
35.25 	and staff from reacting to unwanted student behavior with approaches that take away the 
35.26 	student's opportunity to build skills for responding more appropriately.

35.27 	Sec. 35. Minnesota Statutes 2022, section 121A.61, is amended by adding a subdivision 
35.28 	to read:
35.29 		Subd. 5.Discipline complaint procedure. The discipline policy must contain procedures 
35.30 	for students, parents and other guardians, and school staff to file a complaint and seek 
35.31 	corrective action when the requirements of sections 121A.40 to 121A.61, including the 
35.32 	implementation of the local behavior and discipline policies, are not being implemented 
36.1 	appropriately or are being discriminately applied. Each district and school policy implemented 
36.2 	under this section must, at a minimum:
36.3 	(1) provide procedures for communicating this policy including the ability for a parent 
36.4 	to appeal a decision under section 121A.49 that contains explicit instructions for filing the 
36.5 	complaint;
36.6 	(2) provide an opportunity for involved parties to submit additional information related 
36.7 	to the complaint;
36.8 	(3) provide a procedure to begin to investigate complaints within three school days of 
36.9 	receipt, and identify personnel who will manage the investigation and any resulting record 
36.10 	and are responsible for keeping and regulating access to any record;
36.11 	(4) provide procedures for issuing a written determination to the complainant that 
36.12 	addresses each allegation and contains findings and conclusions;
36.13 	(5) if the investigation finds the requirements of sections 121A.40 to 121A.61, including 
36.14 	any local policies that were not implemented appropriately, contain procedures that require 
36.15 	a corrective action plan to correct a student's record and provide relevant staff with training, 
36.16 	coaching, or other accountability practices to ensure appropriate compliance with policies 
36.17 	in the future; and
36.18 	(6) prohibit reprisals or retaliation against any person who asserts, alleges, or reports a 
36.19 	complaint, and provide procedures for applying appropriate consequences for a person who 
36.20 	engages in reprisal or retaliation.

36.21 	Sec. 36. [121A.611] RECESS AND OTHER BREAKS.
36.22 	(a) "Recess detention" as used in this chapter means excluding or excessively delaying 
36.23 	a student from participating in a scheduled recess period as a consequence for student 
36.24 	behavior. Recess detention does not include, among other things, providing alternative 
36.25 	recess at the student's choice.
36.26 	(b) A school district or charter school is encouraged to ensure student access to structured 
36.27 	breaks from the demands of school and to support teachers, principals, and other school 
36.28 	staff in their efforts to use evidence-based approaches to reduce exclusionary forms of 
36.29 	discipline.
36.30 	(c) A school district or charter school must not use recess detention unless:
36.31 	(1) a student causes or is likely to cause serious physical harm to other students or staff;
37.1 	(2) the student's parent or guardian specifically consents to the use of recess detention; 
37.2 	or
37.3 	(3) for students receiving special education services, the student's individualized education 
37.4 	program team has determined that withholding recess is appropriate based on the 
37.5 	individualized needs of the student.
37.6 	(d) A school district or charter school must not withhold recess from a student based on 
37.7 	incomplete homework.
37.8 	(e) A school district or charter school must require school staff to make a reasonable 
37.9 	attempt to notify a parent or guardian within 24 hours of using recess detention.
37.10 	(f) A school district or charter school must compile information on each recess detention 
37.11 	at the end of each school year, including the student's age, grade, gender, race or ethnicity, 
37.12 	and special education status. This information must be available to the public upon request. 
37.13 	A school district or charter school is encouraged to use the data in professional development 
37.14 	promoting the use of nonexclusionary discipline.
37.15 	(g) A school district or charter school must not withhold or excessively delay a student's 
37.16 	participation in scheduled mealtimes. This section does not alter a district's or school's 
37.17 	existing responsibilities under section 124D.111 or other state or federal law.

37.18 	Sec. 37. Minnesota Statutes 2022, section 124D.03, subdivision 3, is amended to read:
37.19 		Subd. 3.Pupil application procedures. (a) In order that a pupil may attend a school or 
37.20 	program in a nonresident district, the pupil's parent or guardian must submit an application 
37.21 	to the nonresident district. The pupil's application must identify a reason for enrolling in 
37.22 	the nonresident district. The parent or guardian of a pupil must submit a signed application 
37.23 	by January 15 for initial enrollment beginning the following school year. The application 
37.24 	must be on a form provided by the Department of Education. A particular school or program 
37.25 	may be requested by the parent. Once enrolled in a nonresident district, the pupil may remain 
37.26 	enrolled and is not required to submit annual or periodic applications. If the student moves 
37.27 	to a new resident district, the student retains the seat in the nonresident district, but must 
37.28 	submit a new enrollment options form to update the student's information. To return to the 
37.29 	resident district or to transfer to a different nonresident district, the parent or guardian of 
37.30 	the pupil must provide notice to the resident district or apply to a different nonresident 
37.31 	district by January 15 for enrollment beginning the following school year.
37.32 	(b) A school district may require a nonresident student enrolled in a program under 
37.33 	section 125A.13, or in a preschool program, except for a program under section 124D.151 
38.1 	or Laws 2017, First Special Session chapter 5, article 8, section 9, to follow the application 
38.2 	procedures under this subdivision to enroll in kindergarten. A district must allow a 
38.3 	nonresident student enrolled in a program under section 124D.151 or Laws 2017, First 
38.4 	Special Session chapter 5, article 8, section 9, to remain enrolled in the district when the 
38.5 	student enters kindergarten without submitting annual or periodic applications, unless the 
38.6 	district terminates the student's enrollment under subdivision 12.

38.7 	Sec. 38. Minnesota Statutes 2022, section 124D.03, subdivision 5, is amended to read:
38.8 		Subd. 5.Nonresident district procedures. A district shall notify the parent or guardian 
38.9 	in writing by February 15 or within 90 days for applications submitted after January 15 in 
38.10 	the case of achievement and integration district transfers whether the application has been 
38.11 	accepted or rejected. If an application is rejected, the district must state in the notification 
38.12 	the reason for rejection. The parent or guardian must notify the nonresident district by March 
38.13 	1 or within 45 ten business days whether the pupil intends to enroll in the nonresident district. 
38.14 	Notice of intent to enroll in the nonresident district obligates the pupil to attend the 
38.15 	nonresident district during the following school year, unless the boards of the resident and 
38.16 	the nonresident districts agree in writing to allow the pupil to transfer back to the resident 
38.17 	district. If the pupil's parents or guardians change residence to another district, the student 
38.18 	does not lose the seat in the nonresident district but the parent or guardian must complete 
38.19 	an updated enrollment options form. If a parent or guardian does not notify the nonresident 
38.20 	district by the January 15 deadline, if it applies, the pupil may not enroll in that nonresident 
38.21 	district during the following school year, unless the boards of the resident and nonresident 
38.22 	district agree otherwise. The nonresident district must notify the resident district by March 
38.23 	15 or 30 days later of the pupil's intent to enroll in the nonresident district. The same 
38.24 	procedures apply to a pupil who applies to transfer from one participating nonresident district 
38.25 	to another participating nonresident district.

38.26 	Sec. 39. Minnesota Statutes 2022, section 124D.09, subdivision 3, is amended to read:
38.27 		Subd. 3.Definitions. For purposes of this section, the following terms have the meanings 
38.28 	given to them.
38.29 	(a) "Eligible institution" means a Minnesota public postsecondary institution, a private, 
38.30 	nonprofit two-year trade and technical school granting associate degrees, an opportunities 
38.31 	industrialization center accredited by an accreditor recognized by the United States 
38.32 	Department of Education, or a private, residential, two-year or four-year, liberal arts, 
38.33 	degree-granting college or university located in Minnesota. An eligible institution must not 
39.1 	require a faith statement from a secondary student seeking to enroll in a postsecondary 
39.2 	course under this section during the application process or base any part of the admission 
39.3 	decision on a student's race, creed, ethnicity, disability, gender, or sexual orientation or 
39.4 	religious beliefs or affiliations.
39.5 	(b) "Course" means a course or program.
39.6 	(c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under 
39.7 	subdivision 5 or 5b enrolls to earn both secondary and postsecondary credits, are taught by 
39.8 	a secondary teacher or a postsecondary faculty member, and are offered at a high school 
39.9 	for which the district is eligible to receive concurrent enrollment program aid under section 
39.10 	124D.091.

39.11 	Sec. 40. Minnesota Statutes 2022, section 124D.09, subdivision 5, is amended to read:
39.12 		Subd. 5.Authorization; notification. Notwithstanding any other law to the contrary, 
39.13 	an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled tribal 
39.14 	contract or grant school eligible for aid under section 124D.83, except a foreign exchange 
39.15 	pupil enrolled in a district under a cultural exchange program, may apply to an eligible 
39.16 	institution, as defined in subdivision 3, to enroll in nonsectarian courses offered by that 
39.17 	postsecondary institution. If an institution accepts a secondary pupil for enrollment under 
39.18 	this section, the institution shall send written notice to the pupil, the pupil's school or school 
39.19 	district, and the commissioner. The notice must indicate the course and hours of enrollment 
39.20 	of that pupil. If the pupil enrolls in a course for postsecondary credit, the institution must 
39.21 	notify:
39.22 	(1) the pupil about payment in the customary manner used by the institution.; and
39.23 	(2) the pupil's school as soon as practicable if the pupil withdraws from the course or 
39.24 	stops attending the course.

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

39.26 	Sec. 41. Minnesota Statutes 2022, section 124D.09, subdivision 12, is amended to read:
39.27 		Subd. 12.Credits; grade point average weighting policy. (a) A pupil must not audit 
39.28 	a course under this section.
39.29 	(b) A district shall must grant academic credit to a pupil enrolled in a course for secondary 
39.30 	credit if the pupil successfully completes the course. Seven quarter or four semester college 
39.31 	credits equal at least one full year of high school credit. Fewer college credits may be 
39.32 	prorated. A district must also grant academic credit to a pupil enrolled in a course for 
40.1 	postsecondary credit if secondary credit is requested by a pupil. If no comparable course is 
40.2 	offered by the district, the district must, as soon as possible, notify the commissioner, who 
40.3 	shall must determine the number of credits that shall must be granted to a pupil who 
40.4 	successfully completes a course. If a comparable course is offered by the district, the school 
40.5 	board shall must grant a comparable number of credits to the pupil. If there is a dispute 
40.6 	between the district and the pupil regarding the number of credits granted for a particular 
40.7 	course, the pupil may appeal the board's decision to the commissioner. The commissioner's 
40.8 	decision regarding the number of credits shall be is final.
40.9 	(c) A school board must adopt a policy regarding weighted grade point averages for any 
40.10 	high school or dual enrollment course. The policy must state whether the district offers 
40.11 	weighted grades. A school board must annually publish on its website a list of courses for 
40.12 	which a student may earn a weighted grade.
40.13 	(d) The secondary credits granted to a pupil must be counted toward the graduation 
40.14 	requirements and subject area requirements of the district. Evidence of successful completion 
40.15 	of each course and secondary credits granted must be included in the pupil's secondary 
40.16 	school record. A pupil shall must provide the school with a copy of the pupil's grade grades
40.17 	in each course taken for secondary credit under this section, including interim or nonfinal 
40.18 	grades earned during the academic term. Upon the request of a pupil, the pupil's secondary 
40.19 	school record must also include evidence of successful completion and credits granted for 
40.20 	a course taken for postsecondary credit. In either case, the record must indicate that the 
40.21 	credits were earned at a postsecondary institution.
40.22 	(e) If a pupil enrolls in a postsecondary institution after leaving secondary school, the 
40.23 	postsecondary institution must award postsecondary credit for any course successfully 
40.24 	completed for secondary credit at that institution. Other postsecondary institutions may 
40.25 	award, after a pupil leaves secondary school, postsecondary credit for any courses 
40.26 	successfully completed under this section. An institution may not charge a pupil for the 
40.27 	award of credit.
40.28 	(f) The Board of Trustees of the Minnesota State Colleges and Universities and the 
40.29 	Board of Regents of the University of Minnesota must, and private nonprofit and proprietary 
40.30 	postsecondary institutions should, award postsecondary credit for any successfully completed 
40.31 	courses in a program certified by the National Alliance of Concurrent Enrollment Partnerships 
40.32 	offered according to an agreement under subdivision 10. Consistent with section 135A.101, 
40.33 	subdivision 3, all MnSCU institutions must give full credit to a secondary pupil who 
40.34 	completes for postsecondary credit a postsecondary course or program that is part or all of 
40.35 	a goal area or a transfer curriculum at a MnSCU institution when the pupil enrolls in a 
41.1 	MnSCU institution after leaving secondary school. Once one MnSCU institution certifies 
41.2 	as completed a secondary student's postsecondary course or program that is part or all of a 
41.3 	goal area or a transfer curriculum, every MnSCU institution must consider the student's 
41.4 	course or program for that goal area or the transfer curriculum as completed.

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

41.6 	Sec. 42. Minnesota Statutes 2022, section 124D.09, subdivision 13, is amended to read:
41.7 		Subd. 13.Financial arrangements. For a pupil enrolled in a course under this section, 
41.8 	the department must make payments according to this subdivision for courses that were 
41.9 	taken for secondary credit.
41.10 	The department must not make payments to a school district or postsecondary institution 
41.11 	for a course taken for postsecondary credit only. The department must not make payments 
41.12 	to a postsecondary institution for a course from which a student officially withdraws during 
41.13 	the first 14 ten business days of the postsecondary institution's quarter or semester or who 
41.14 	has been absent from the postsecondary institution for the first 15 consecutive school ten 
41.15 	business days of the postsecondary institution's quarter or semester and is not receiving 
41.16 	instruction in the home or hospital.
41.17 	A postsecondary institution shall receive the following:
41.18 	(1) for an institution granting quarter credit, the reimbursement per credit hour shall be 
41.19 	an amount equal to 88 percent of the product of the formula allowance minus $425, multiplied 
41.20 	by 1.2, and divided by 45; or
41.21 	(2) for an institution granting semester credit, the reimbursement per credit hour shall 
41.22 	be an amount equal to 88 percent of the product of the general revenue formula allowance 
41.23 	minus $425, multiplied by 1.2, and divided by 30.
41.24 	The department must pay to each postsecondary institution 100 percent of the amount 
41.25 	in clause (1) or (2) within 45 days of receiving initial enrollment information each quarter 
41.26 	or semester. If changes in enrollment occur during a quarter or semester, the change shall 
41.27 	be reported by the postsecondary institution at the time the enrollment information for the 
41.28 	succeeding quarter or semester is submitted. At any time the department notifies a 
41.29 	postsecondary institution that an overpayment has been made, the institution shall promptly 
41.30 	remit the amount due.

42.1 	Sec. 43. [124D.094] ONLINE INSTRUCTION ACT.
42.2 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
42.3 	the meanings given.
42.4 	(b) "Blended instruction" means a form of digital instruction that occurs when a student 
42.5 	learns part time in a supervised physical setting and part time through online instruction 
42.6 	under paragraph (f).
42.7 	(c) "Digital instruction" means instruction facilitated by technology that offers students 
42.8 	an element of control over the time, place, path, or pace of learning and includes blended 
42.9 	and online instruction.
42.10 	(d) "Enrolling district" means the school district or charter school in which a student is 
42.11 	enrolled under section 120A.22, subdivision 4.
42.12 	(e) "Online course syllabus" means a written document that identifies the state academic 
42.13 	standards taught and assessed in a supplemental online course under paragraph (j); course 
42.14 	content outline; required course assessments; instructional methods; communication 
42.15 	procedures with students, guardians, and the enrolling district under paragraph (d); and 
42.16 	supports available to the student.
42.17 	(f) "Online instruction" means a form of digital instruction that occurs when a student 
42.18 	learns primarily through digital technology away from a supervised physical setting.
42.19 	(g) "Online instructional site" means a site that offers courses using online instruction 
42.20 	under paragraph (f) and may enroll students receiving online instruction under paragraph 
42.21 	(f).
42.22 	(h) "Online teacher" means an employee of the enrolling district under paragraph (d) or 
42.23 	the supplemental online course provider under paragraph (k) who holds the appropriate 
42.24 	licensure under Minnesota Rules, chapter 8710, and is trained to provide online instruction 
42.25 	under paragraph (f).
42.26 	(i) "Student" means a Minnesota resident enrolled in a school defined under section 
42.27 	120A.22, subdivision 4, in kindergarten through grade 12 up to the age of 21.
42.28 	(j) "Supplemental online course" means an online learning course taken in place of a 
42.29 	course provided by the student's enrolling district under paragraph (d).
42.30 	(k) "Supplemental online course provider" means a school district, an intermediate school 
42.31 	district, an organization of two or more school districts operating under a joint powers 
43.1 	agreement, or a charter school located in Minnesota that is authorized by the Department 
43.2 	of Education to provide supplemental online courses under paragraph (j).
43.3 		Subd. 2.Digital instruction. (a) An enrolling district may provide digital instruction, 
43.4 	including blended instruction and online instruction, to the district's own enrolled students. 
43.5 	Enrolling districts may establish agreements to provide digital instruction, including blended 
43.6 	instruction and online instruction, to students enrolled in the cooperating schools.
43.7 	(b) When online instruction is provided, an online teacher as defined under subdivision 
43.8 	1, paragraph (h), shall perform all duties of teacher of record under Minnesota Rules, part 
43.9 	8710.0310. Unless the commissioner grants a waiver, a teacher providing online instruction 
43.10 	shall not instruct more than 40 students in any one online learning course or section.
43.11 	(c) Students receiving online instruction full time shall be reported as enrolled in an 
43.12 	online instructional site under subdivision 1, paragraph (g).
43.13 	(d) Curriculum used for digital instruction shall be aligned with Minnesota's current 
43.14 	academic standards and benchmarks.
43.15 	(e) Digital instruction shall be accessible to students under section 504 of the federal 
43.16 	Rehabilitation Act and Title II of the federal Americans with Disabilities Act.
43.17 	(f) An enrolling district providing digital instruction and a supplemental online course 
43.18 	provider shall assist an enrolled student whose family qualifies for the education tax credit 
43.19 	under section 290.0674 to acquire computer hardware and educational software so they 
43.20 	may participate in digital instruction. Funds provided to a family to support digital instruction 
43.21 	or supplemental online courses may only be used for qualifying expenses as determined by 
43.22 	the provider. Nonconsumable materials purchased with public education funds remain the 
43.23 	property of the provider. Records for any funds provided must be available for review by 
43.24 	the public or the department.
43.25 	(g) An enrolling district providing digital instruction shall establish and document 
43.26 	procedures for determining attendance for membership and keep accurate records of daily 
43.27 	attendance under section 120A.21.
43.28 		Subd. 3.Supplemental online courses. (a) Notwithstanding sections 124D.03 and 
43.29 	124D.08 and chapter 124E, procedures for applying to take supplemental online courses 
43.30 	other than those offered by the student's enrolling district are as provided in this subdivision.
43.31 	(b) Any kindergarten through grade 12 student may apply to take a supplemental online 
43.32 	course under subdivision 1, paragraph (j). The student, or the student's parent or guardian 
44.1 	for a student under age 17, must submit an application for the proposed supplemental online 
44.2 	course or courses. A student may:
44.3 	(1) apply to take an online course from a supplemental online course provider that meets 
44.4 	or exceeds the academic standards of the course in the enrolling district they are replacing;
44.5 	(2) apply to take supplemental online courses for up to 50 percent of the student's 
44.6 	scheduled course load; and
44.7 	(3) apply to take supplemental online courses no later than 15 school days after the 
44.8 	student's enrolling district's term has begun. An enrolling district may waive the 50 percent 
44.9 	course enrollment limit or the 15-day time limit.
44.10 	(c) A student taking a supplemental online course must have the same access to the 
44.11 	computer hardware and education software available in a school as all other students in the 
44.12 	enrolling district.
44.13 	(d) A supplemental online course provider must have a current, approved application to 
44.14 	be listed by the Department of Education as an approved provider. The supplemental online 
44.15 	course provider must:
44.16 	(1) use an application form specified by the Department of Education;
44.17 	(2) notify the student, the student's guardian if they are age 17 or younger, and enrolling 
44.18 	district of the accepted application to take a supplemental online course within ten days of 
44.19 	receiving a completed application;
44.20 	(3) notify the enrolling district of the course title, credits to be awarded, and the start 
44.21 	date of the online course. A supplemental online course provider must make the online 
44.22 	course syllabus available to the enrolling district;
44.23 	(4) request applicable academic support information for the student, including a copy 
44.24 	of the IEP, EL support plan, or 504 plan; and
44.25 	(5) track student attendance and monitor academic progress and communicate with the 
44.26 	student, the student's guardian if they are age 17 or younger, and the enrolling district's 
44.27 	designated online learning liaison.
44.28 	(e) A supplemental online course provider may limit enrollment if the provider's school 
44.29 	board or board of directors adopts by resolution specific standards for accepting and rejecting 
44.30 	students' applications. The provisions may not discriminate against any protected class or 
44.31 	students with disabilities.
45.1 	(f) A supplemental online course provider may request that the Department of Education 
45.2 	review an enrolling district's written decision to not accept a student's supplemental online 
45.3 	course application. The student may participate in the supplemental online course while the 
45.4 	application is under review. Decisions shall be final and binding for both the enrolling 
45.5 	district and the supplemental online course provider.
45.6 	(g) A supplemental online course provider must participate in continuous improvement 
45.7 	cycles with the Department of Education.
45.8 		Subd. 4.Enrolling district. (a) An enrolling district may not restrict or prevent a student 
45.9 	from applying to take supplemental online courses.
45.10 	(b) An enrolling district may request an online course syllabus as defined under 
45.11 	subdivision 1, paragraph (e), to review whether the academic standards in the online course 
45.12 	meet or exceed the academic standards in the course it would replace at the enrolling district.
45.13 	(c) Within 15 days after receiving notice of a student applying to take a supplemental 
45.14 	online course, the enrolling district must notify the supplemental online course provider 
45.15 	whether the student, the student's guardian, and the enrolling district agree that academic 
45.16 	standards in the online course meet or exceed the academic standards in the course it would 
45.17 	replace at the enrolling district. If the enrolling district does not agree that the academic 
45.18 	standards in the online course meet or exceed the academic standards in the course it would 
45.19 	replace at the enrolling district, then:
45.20 	(1) the enrolling district must provide a written explanation of the district's decision to 
45.21 	the student, the student's guardian, and the supplemental online course provider; and
45.22 	(2) the online provider must provide a response to the enrolling district explaining how 
45.23 	the course or program meets the graduation requirements of the enrolling district.
45.24 	(d) An enrolling district may reduce the course schedule of a student taking supplemental 
45.25 	online courses in proportion to the number of supplemental online learning courses the 
45.26 	student takes.
45.27 	(e) An enrolling district must appoint an online learning liaison who:
45.28 	(1) provides information to students and families about supplemental online courses;
45.29 	(2) provides academic support information including IEPs, EL support plans, and 504 
45.30 	plans to supplemental online providers; and
45.31 	(3) monitors attendance and academic progress, and communicates with supplemental 
45.32 	online learning providers, students, families, and enrolling district staff.
46.1 	(f) An enrolling district must continue to provide support services to students taking 
46.2 	supplemental online courses as they would for any other enrolled student including support 
46.3 	for English learners, case management of an individualized education program, and meal 
46.4 	and nutrition services for eligible students.
46.5 	(g) An online learning student must receive academic credit for completing the 
46.6 	requirements of a supplemental online learning course. If a student completes an online 
46.7 	learning course that meets or exceeds a graduation standard or the grade progression 
46.8 	requirement at the enrolling district, that standard or requirement is met.
46.9 	(h) Secondary credits granted to a supplemental online learning student count toward 
46.10 	the graduation and credit requirements of the enrolling district. The enrolling district must 
46.11 	apply the same graduation requirements to all students, including students taking 
46.12 	supplemental online courses.
46.13 	(i) An enrolling district must provide access to extracurricular activities for students 
46.14 	taking supplemental online courses on the same basis as any other enrolled student.
46.15 		Subd. 5.Reporting.  Courses that include blended instruction and online instruction 
46.16 	must be reported in the manner determined by the commissioner of education.
46.17 		Subd. 6.Department of Education. (a) The commissioner must establish quality 
46.18 	standards to be used for applications and continuous improvement of supplemental online 
46.19 	course providers, and by enrolling districts using digital instruction.
46.20 	(b) The commissioner must support the enrolling district's development of high-quality 
46.21 	digital instruction and monitor implementation. The department must establish and participate 
46.22 	in continuous improvement cycles with supplemental online course providers.
46.23 	(c) Applications from prospective supplemental online course providers must be reviewed 
46.24 	using quality standards and approved or denied within 90 calendar days of receiving a 
46.25 	complete application.
46.26 	(d) The department may collect a fee not to exceed $250 for reviewing applications by 
46.27 	supplemental online course providers or $50 per supplemental course application review 
46.28 	request. Funds generated from application review fees shall be used to support high quality 
46.29 	digital instruction.
46.30 	(e) The department must develop, publish, and maintain a list of supplemental online 
46.31 	course providers that the department has reviewed and approved.
46.32 	(f) The department may review a complaint about an enrolling district providing digital 
46.33 	instruction, or a complaint about a supplemental online course provider based on the 
47.1 	provider's response to notice of a violation. If the department determines that an enrolling 
47.2 	district providing digital instruction or a supplemental online course provider violated a law 
47.3 	or rule, the department may:
47.4 	(1) create a compliance plan for the provider; or
47.5 	(2) withhold funds from the provider under this section and sections 124E.25 and 
47.6 	127A.42. The department must notify an online learning provider in writing about 
47.7 	withholding funds and provide detailed calculations.
47.8 		Subd. 7.Financial arrangements. (a) For a student enrolled in an online supplemental 
47.9 	course, the department must calculate average daily membership and make payments 
47.10 	according to this subdivision.
47.11 	(b) The initial online supplemental average daily membership equals 1/12 for each 
47.12 	semester course or a proportionate amount for courses of different lengths. The adjusted 
47.13 	online learning average daily membership equals the initial online supplemental average 
47.14 	daily membership times .88.
47.15 	(c) No online supplemental average daily membership shall be generated if the student:
47.16 	(1) does not complete the online learning course; or
47.17 	(2) is enrolled in an online course provided by the enrolling district.
47.18 	(d) Online course average daily membership under this subdivision for a student currently 
47.19 	enrolled in a Minnesota public school shall be used only for computing average daily 
47.20 	membership according to section 126C.05, subdivision 19, paragraph (a), clause (2), and 
47.21 	for computing online course aid according to section 124D.096.

47.22 	Sec. 44. Minnesota Statutes 2022, section 124D.128, subdivision 1, is amended to read:
47.23 		Subdivision 1.Program established. A learning year program provides instruction 
47.24 	throughout the year on an extended year calendar, extended school day calendar, or both. 
47.25 	A pupil may participate in the program and accelerate attainment of grade level requirements 
47.26 	or graduation requirements. A learning year program may begin after the close of the regular 
47.27 	school year in June. The program may be for students in one or more grade levels from 
47.28 	kindergarten through grade 12.

47.29 	Sec. 45. Minnesota Statutes 2022, section 124D.59, subdivision 2a, is amended to read:
47.30 		Subd. 2a.English learner; limited or interrupted formal education. Consistent with 
47.31 	subdivision 2, an English learner includes an English learner with an limited or interrupted 
48.1 	formal education is an English learner under subdivision 2 who meets three of the following 
48.2 	five requirements:
48.3 	(1) comes from a home where the language usually spoken is other than English, or 
48.4 	usually speaks a language other than English;
48.5 	(2) enters school in the United States after grade 6;
48.6 	(3) has at least two years less schooling than the English learner's peers;
48.7 	(4) functions at least two years below expected grade level in reading and mathematics; 
48.8 	and
48.9 	(5) may be preliterate in the English learner's native language. has at least two fewer 
48.10 	years of schooling than the English learner's peers when entering school in the United States.

48.11 	Sec. 46. Minnesota Statutes 2022, section 124D.68, subdivision 2, is amended to read:
48.12 		Subd. 2.Eligible pupils. (a) A pupil under the age of 21 or who meets the requirements 
48.13 	of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation 
48.14 	incentives program, if the pupil:
48.15 	(1) performs substantially below the performance level for pupils of the same age in a 
48.16 	locally determined achievement test;
48.17 	(2) is behind in satisfactorily completing coursework or obtaining credits for graduation;
48.18 	(3) is pregnant or is a parent;
48.19 	(4) has been assessed as having substance use disorder;
48.20 	(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
48.21 	(6) has been referred by a school district for enrollment in an eligible program or a 
48.22 	program pursuant to section 124D.69;
48.23 	(7) is a victim of physical or sexual abuse;
48.24 	(8) has experienced mental health problems;
48.25 	(9) has experienced homelessness sometime within six months before requesting a 
48.26 	transfer to an eligible program;
48.27 	(10) speaks English as a second language or is an English learner;
48.28 	(11) has withdrawn from school or has been chronically truant; or
49.1 	(12) is being treated in a hospital in the seven-county metropolitan area for cancer or 
49.2 	other life threatening illness or is the sibling of an eligible pupil who is being currently 
49.3 	treated, and resides with the pupil's family at least 60 miles beyond the outside boundary 
49.4 	of the seven-county metropolitan area.
49.5 	(b) A pupil otherwise qualifying under paragraph (a) who is at least 21 years of age and 
49.6 	not yet 22 years of age, and is an English learner with an interrupted formal education 
49.7 	according to section 124D.59, subdivision 2a, is eligible to participate in the graduation 
49.8 	incentives program under section 124D.68 and in concurrent enrollment courses offered 
49.9 	under section 124D.09, subdivision 10, and is funded in the same manner as other pupils 
49.10 	under this section. if the pupil otherwise qualifies under paragraph (a), is at least 21 years 
49.11 	of age and not yet 22 years of age, and:
49.12 	(1) is an English learner with a limited or interrupted formal education according to 
49.13 	section 124D.59, subdivision 2a; or
49.14 	(2) meets three of the following four requirements:
49.15 	(i) comes from a home where the language usually spoken is other than English, or 
49.16 	usually speaks a language other than English;
49.17 	(ii) enters school in the United States after grade 6;
49.18 	(iii) functions at least two years below expected grade level in reading and mathematics; 
49.19 	and
49.20 	(iv) may be preliterate in the English learner's native language.

49.21 	Sec. 47. Minnesota Statutes 2022, section 124D.68, subdivision 3, is amended to read:
49.22 		Subd. 3.Eligible programs. (a) A pupil who is eligible according to subdivision 2 may 
49.23 	enroll in a state-approved alternative program under sections 123A.05 to 123A.08.
49.24 	(b) A pupil who is eligible according to subdivision 2 and who is a high school junior 
49.25 	or senior may enroll in postsecondary courses under section 124D.09.
49.26 	(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary or 
49.27 	secondary education program.
49.28 	(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic, nonsectarian 
49.29 	school that has contracted with the serving school district to provide educational services. 
49.30 	However, notwithstanding other provisions of this section, only a pupil who is eligible under 
49.31 	subdivision 2, clause (12), may enroll in a contract alternative school that is specifically 
49.32 	structured to provide educational services to such a pupil.
50.1 	(e) A pupil who is between the ages of 16 17 and 21 may enroll in any adult basic 
50.2 	education programs approved under section 124D.52 and operated under the community 
50.3 	education program contained in section 124D.19.

50.4 	Sec. 48. Minnesota Statutes 2022, section 124D.861, subdivision 2, is amended to read:
50.5 		Subd. 2.Plan implementation; components. (a) The school board of each eligible 
50.6 	district must formally develop and implement a long-term plan under this section. The plan 
50.7 	must be incorporated into the district's comprehensive strategic plan under section 120B.11. 
50.8 	Plan components may include: innovative and integrated prekindergarten through grade 12 
50.9 	learning environments that offer students school enrollment choices; family engagement 
50.10 	initiatives that involve families in their students' academic life and success; professional 
50.11 	development opportunities for teachers and administrators focused on improving the academic 
50.12 	achievement of all students, including teachers and administrators who are members of 
50.13 	populations underrepresented among the licensed teachers or administrators in the district 
50.14 	or school and who reflect the diversity of students under section 120B.35, subdivision 3, 
50.15 	paragraph (b), clause (2), who are enrolled in the district or school; increased programmatic 
50.16 	opportunities and effective and more diverse instructors focused on rigor and college and 
50.17 	career readiness for underserved students, including students enrolled in alternative learning 
50.18 	centers under section 123A.05, public alternative programs under section 126C.05, 
50.19 	subdivision 15, and contract alternative programs under section 124D.69, among other 
50.20 	underserved students; or recruitment and retention of teachers and administrators with 
50.21 	diverse racial and ethnic backgrounds.
50.22 	(b) The plan must contain goals for:
50.23 	(1) reducing the disparities in academic achievement and in equitable access to effective 
50.24 	and more diverse teachers among all students and specific categories of students under 
50.25 	section 120B.35, subdivision 3, paragraph (b), excluding the student categories of gender, 
50.26 	disability, and English learners; and
50.27 	(2) increasing racial and economic diversity and integration in schools and districts.
50.28 	(c) The plan must include strategies to validate, affirm, embrace, and integrate cultural 
50.29 	and community strengths of all students, families, and employees in the district's curriculum 
50.30 	as well as learning and work environments. The plan must address issues of institutional 
50.31 	racism as defined in section 120B.11, subdivision 1, in schools that create opportunity and 
50.32 	achievement gaps for students, families, and staff who are of color or who are American 
50.33 	Indian. Examples of institutional racism experienced by students who are of color or who 
50.34 	are American Indian include policies and practices that intentionally or unintentionally 
51.1 	result in disparate discipline referrals and suspension, inequitable access to advanced 
51.2 	coursework, overrepresentation in lower-level coursework, inequitable participation in 
51.3 	cocurricular activities, inequitable parent involvement, and lack of equitable access to 
51.4 	racially and ethnically diverse teachers who reflect the racial or ethnic diversity of students 
51.5 	because it has not been a priority to hire or retain such teachers.
51.6 	(d) School districts must use local data, to the extent practicable, to develop plan 
51.7 	components and strategies. Plans may include:
51.8 	(1) innovative and integrated prekindergarten through grade 12 learning environments 
51.9 	that offer students school enrollment choices;
51.10 	(2) family engagement initiatives that involve families in their students' academic life 
51.11 	and success and improve relations between home and school;
51.12 	(3) opportunities for students, families, staff, and community members who are of color 
51.13 	or American Indian to share their experiences in the school setting with school staff and 
51.14 	administration and to inform the development of specific proposals for making school 
51.15 	environments more validating, affirming, embracing, and integrating of their cultural and 
51.16 	community strengths;
51.17 	(4) professional development opportunities for teachers and administrators focused on 
51.18 	improving the academic achievement of all students, including knowledge, skills, and 
51.19 	dispositions needed to be antiracist and culturally sustaining as defined in section 120B.11, 
51.20 	subdivision 1, for serving students who are from racially and ethnically diverse backgrounds;
51.21 	(5) recruitment and retention of teachers, administrators, cultural and family liaisons, 
51.22 	paraprofessionals, and other staff from racial, ethnic, and linguistic backgrounds represented 
51.23 	in the student population to strengthen relationships with all students, families, and other 
51.24 	members of the community;
51.25 	(6) collection, examination, and evaluation of academic and discipline data for 
51.26 	institutional racism as defined in section 120B.11, subdivision 1, in structures, policies, and 
51.27 	practices that result in the education disparities, in order to propose antiracist changes as 
51.28 	defined in section 120B.11, subdivision 1, that increase access, meaningful participation, 
51.29 	representation, and positive outcomes for students of color and American Indian students;
51.30 	(7) increased programmatic opportunities and effective and more diverse instructors 
51.31 	focused on rigor and college and career readiness for students who are impacted by racial, 
51.32 	gender, linguistic, and economic disparities, including students enrolled in area learning 
51.33 	centers or alternative learning programs under section 123A.05, state-approved alternative 
52.1 	programs under section 126C.05, subdivision 15, and contract alternative programs under 
52.2 	section 124D.69, among other underserved students;
52.3 	(8) ethnic studies curriculum as defined in section 120B.11, subdivision 1, to provide 
52.4 	all students with opportunities to learn about their own and others' cultures and historical 
52.5 	experiences; or
52.6 	(9) examination and revision of district curricula in all subjects to be inclusive of diverse 
52.7 	racial and ethnic groups while meeting state academic standards and being culturally 
52.8 	sustaining as defined in section 120B.11, subdivision 1, ensuring content being studied 
52.9 	about any group is accurate and based in knowledge from that group.
52.10 	(b) (e) Among other requirements, an eligible district must implement effective, 
52.11 	research-based interventions that include formative multiple measures of assessment practices
52.12 	and engagement in order to reduce the eliminate academic disparities in student academic 
52.13 	performance among the specific categories of students as measured by student progress and 
52.14 	growth on state reading and math assessments and for students impacted by racial, gender, 
52.15 	linguistic, and economic inequities as aligned with section 120B.11.
52.16 	(c) (f) Eligible districts must create efficiencies and eliminate duplicative programs and 
52.17 	services under this section, which may include forming collaborations or a single, 
52.18 	seven-county metropolitan areawide partnership of eligible districts for this purpose.

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

52.21 	Sec. 49. Minnesota Statutes 2022, section 124D.862, subdivision 8, is amended to read:
52.22 		Subd. 8.Commissioner authority to withhold revenue. (a) The commissioner must 
52.23 	review the results of each district's integration and achievement plan by August 1 at the end 
52.24 	of the third year of implementing the plan and determine if the district met its goals.
52.25 	(b) If a district met its goals, it may submit a new three-year plan to the commissioner 
52.26 	for review.
52.27 	(c) If a district has not met its goals, the commissioner must:
52.28 	(1) develop a guide the district in the development of an improvement plan and timeline, 
52.29 	in consultation with the affected district, that identifies strategies and practices designed to 
52.30 	meet the district's goals under this section and section 120B.11; and
52.31 	(2) use up to 20 percent of the district's integration revenue, until the district's goals are 
52.32 	reached, to implement the improvement plan.

53.1 	Sec. 50. Minnesota Statutes 2022, section 179A.03, subdivision 14, is amended to read:
53.2 		Subd. 14.Public employee or employee. (a) "Public employee" or "employee" means 
53.3 	any person appointed or employed by a public employer except:
53.4 	(1) elected public officials;
53.5 	(2) election officers;
53.6 	(3) commissioned or enlisted personnel of the Minnesota National Guard;
53.7 	(4) emergency employees who are employed for emergency work caused by natural 
53.8 	disaster;
53.9 	(5) part-time employees whose service does not exceed the lesser of 14 hours per week 
53.10 	or 35 percent of the normal work week in the employee's appropriate unit;
53.11 	(6) employees whose positions are basically temporary or seasonal in character and: (i) 
53.12 	are not for more than 67 working days in any calendar year; or (ii) are not working for a 
53.13 	school district or charter school; or (iii) are not for more than 100 working days in any 
53.14 	calendar year and the employees are under the age of 22, are full-time students enrolled in 
53.15 	a nonprofit or public educational institution prior to being hired by the employer, and have 
53.16 	indicated, either in an application for employment or by being enrolled at an educational 
53.17 	institution for the next academic year or term, an intention to continue as students during 
53.18 	or after their temporary employment;
53.19 	(7) employees providing services for not more than two consecutive quarters to the 
53.20 	Board of Trustees of the Minnesota State Colleges and Universities under the terms of a 
53.21 	professional or technical services contract as defined in section 16C.08, subdivision 1;
53.22 	(8) employees of charitable hospitals as defined by section 179.35, subdivision 3, except 
53.23 	that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public 
53.24 	employees for purposes of sections 179A.051, 179A.052, and 179A.13;
53.25 	(9) full-time undergraduate students employed by the school which they attend under a 
53.26 	work-study program or in connection with the receipt of financial aid, irrespective of number 
53.27 	of hours of service per week;
53.28 	(10) an individual who is employed for less than 300 hours in a fiscal year as an instructor 
53.29 	in an adult vocational education program;
53.30 	(11) an individual hired by the Board of Trustees of the Minnesota State Colleges and 
53.31 	Universities to teach one course for three or fewer credits for one semester in a year;
53.32 	(12) with respect to court employees:
54.1 	(i) personal secretaries to judges;
54.2 	(ii) law clerks;
54.3 	(iii) managerial employees;
54.4 	(iv) confidential employees; and
54.5 	(v) supervisory employees;
54.6 	(13) with respect to employees of Hennepin Healthcare System, Inc., managerial, 
54.7 	supervisory, and confidential employees.
54.8 	(b) The following individuals are public employees regardless of the exclusions of 
54.9 	paragraph (a), clauses (5) and (6):
54.10 	(1) an employee hired by a school district or the Board of Trustees of the Minnesota 
54.11 	State Colleges and Universities except at the university established in the Twin Cities 
54.12 	metropolitan area under section 136F.10 or for community services or community education 
54.13 	instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member 
54.14 	who is a public employee, where the replacement employee is employed more than 30 
54.15 	working days as a replacement for that teacher or faculty member; or (ii) to take a teaching 
54.16 	position created due to increased enrollment, curriculum expansion, courses which are a 
54.17 	part of the curriculum whether offered annually or not, or other appropriate reasons;
54.18 	(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that same 
54.19 	position has already been filled under paragraph (a), clause (6), item (i), in the same calendar 
54.20 	year and the cumulative number of days worked in that same position by all employees 
54.21 	exceeds 67 calendar days in that year. For the purpose of this paragraph, "same position" 
54.22 	includes a substantially equivalent position if it is not the same position solely due to a 
54.23 	change in the classification or title of the position; and
54.24 	(3) an early childhood family education teacher employed by a school district.

54.25 	Sec. 51. REVISOR INSTRUCTION.
 54.26 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in column 
54.27 	A with the number listed in column B. The revisor shall also make necessary cross-reference 
54.28 	changes consistent with the renumbering. The revisor shall also make any technical language 
54.29 	and other changes necessitated by the renumbering and cross-reference changes in this act.

54.30		Column A
	Column B
	
54.31	General Requirements Statewide Assessments
	
54.32		120B.30, subdivision 1a, paragraph (h)
	120B.30, subdivision 1
	
55.1		120B.30, subdivision 1, paragraph (q)
	120B.30, subdivision 2
	
55.2		120B.30, subdivision 1a, paragraph (g)
	120B.30, subdivision 3
	
55.3		120B.30, subdivision 1b
	120B.30, subdivision 4
	
55.4		120B.30, subdivision 1, paragraph (n)
	120B.30, subdivision 5, paragraph (a)
	
55.5		120B.30, subdivision 1, paragraph (a)
	120B.30, subdivision 5, paragraph (b)
	
55.6		120B.30, subdivision 1a, paragraph (e)
	120B.30, subdivision 6, paragraph (a)
	
55.7		120B.30, subdivision 2, paragraph (a)
	120B.30, subdivision 6, paragraph (b)
	
55.8
55.9		120B.30, subdivision 2, paragraph (b), 
clauses (1) and (2)
	120B.30, subdivision 6, paragraph (c)
	
55.10		120B.30, subdivision 2
	120B.30, subdivision 6, paragraph (d)
	
55.11		120B.30, subdivision 4
	120B.30, subdivision 7
	
55.12		120B.30, subdivision 5
	120B.30, subdivision 8
	
55.13		120B.30, subdivision 6
	120B.30, subdivision 9
	
55.14		120B.30, subdivision 1, paragraph (e)
	120B.30, subdivision 10
	
55.15	General Requirements Test Design
	
55.16
55.17		120B.30, subdivision 1a, paragraph (a), 
clauses (1) to (5)
	120B.301, subdivision 1
	
55.18		120B.30, subdivision 1, paragraph (a)
	120B.301, subdivision 2
	
55.19		120B.30, subdivision 1, paragraph (b)
	120B.301, subdivision 3, paragraph (a)
	
55.20		120B.30, subdivision 1, paragraph (n)
	120B.301, subdivision 3, paragraph (b)
	
55.21		120B.30, subdivision 1a, paragraph (b)
	120B.301, subdivision 3, paragraph (c)
	
55.22
55.23		120B.30, subdivision 1a, paragraph (c), 
clauses (1) and (2)
	120B.301, subdivision 3, paragraph (d)
	
55.24	Assessment Graduation Requirements
	
55.25
55.26		120B.30, subdivision 1, paragraph (c), 
clauses (1) and (2)
	120B.304, subdivision 1
	
55.27		120B.30, subdivision 1, paragraph (d)
	120B.304, subdivision 2
	
55.28		120B.30, subdivision 1, paragraph (i)
	120B.304, subdivision 3
	
55.29	Assessment Reporting Requirements
	
55.30
55.31		120B.30, subdivision 1a, paragraph (f), 
clauses (1) to (3)
	120B.305, subdivision 1
	
55.32
55.33		120B.30, subdivision 1a, paragraph (d), 
clauses (1) to (4)
	120B.305, subdivision 2, paragraph (a)
	
55.34		120B.30, subdivision 1, paragraph (m)
	120B.305, subdivision 2, paragraph (b)
	
55.35		120B.30, subdivision 1, paragraph (n)
	120B.305, subdivision 2, paragraph (c)
	
55.36
55.37		120B.30, subdivision 1, paragraph (o), 
clauses (1) to (4)
	120B.305, subdivision 3, paragraph (a)
	
55.38		120B.30, subdivision 3
	120B.305, subdivision 3, paragraph (b)
	
55.39	District Assessment Requirements
	
55.40		120B.301, paragraphs (a) to (c)
	120B.306, subdivision 1
	
56.1		120B.304, paragraphs (a) and (b)
	120B.306, subdivision 2
	
56.2	College and Career Readiness
	
56.3		120B.30, subdivision 1, paragraph (p)
	120B.307, subdivision 1
	
56.4		120B.30, subdivision 1, paragraph (d)
	120B.307, subdivision 2
	
56.5		120B.30, subdivision 1, paragraph (f)
	120B.307, subdivision 3
	
56.6		120B.30, subdivision 1, paragraph (g)
	120B.307, subdivision 4, paragraph (a)
	
56.7		120B.30, subdivision 1, paragraph (h)
	120B.307, subdivision 4, paragraph (b)
	
56.8		120B.30, subdivision 1, paragraph (j)
	120B.307, subdivision 4, paragraph (c)
	
56.9		120B.30, subdivision 1, paragraph (k)
	120B.307, subdivision 4, paragraph (d)
	
56.10		120B.30, subdivision 1, paragraph (l)
	120B.307, subdivision 4, paragraph (e)

56.11 	Sec. 52. REPEALER.
 56.12 	Minnesota Statutes 2022, sections 120B.35, subdivision 5; and 124D.095, subdivisions 
56.13 	1, 2, 3, 4, 5, 6, 7, and 8, are repealed.

56.14 	ARTICLE 3
56.15 	AMERICAN INDIAN EDUCATION

56.16 	Section 1. Minnesota Statutes 2022, section 13.32, subdivision 3, is amended to read:
56.17 		Subd. 3.Private data; when disclosure is permitted. Except as provided in subdivision 
56.18 	5, educational data is private data on individuals and shall not be disclosed except as follows:
56.19 	(a) pursuant to section 13.05;
56.20 	(b) pursuant to a valid court order;
56.21 	(c) pursuant to a statute specifically authorizing access to the private data;
56.22 	(d) to disclose information in health, including mental health, and safety emergencies 
56.23 	pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code 
56.24 	of Federal Regulations, title 34, section 99.36;
56.25 	(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), 
56.26 	(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, 
56.27 	title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
56.28 	(f) to appropriate health authorities to the extent necessary to administer immunization 
56.29 	programs and for bona fide epidemiologic investigations which the commissioner of health 
56.30 	determines are necessary to prevent disease or disability to individuals in the public 
56.31 	educational agency or institution in which the investigation is being conducted;
57.1 	(g) when disclosure is required for institutions that participate in a program under title 
57.2 	IV of the Higher Education Act, United States Code, title 20, section 1092;
57.3 	(h) to the appropriate school district officials to the extent necessary under subdivision 
57.4 	6, annually to indicate the extent and content of remedial instruction, including the results 
57.5 	of assessment testing and academic performance at a postsecondary institution during the 
57.6 	previous academic year by a student who graduated from a Minnesota school district within 
57.7 	two years before receiving the remedial instruction;
57.8 	(i) to appropriate authorities as provided in United States Code, title 20, section 
57.9 	1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the 
57.10 	system to effectively serve, prior to adjudication, the student whose records are released; 
57.11 	provided that the authorities to whom the data are released submit a written request for the 
57.12 	data that certifies that the data will not be disclosed to any other person except as authorized 
57.13 	by law without the written consent of the parent of the student and the request and a record 
57.14 	of the release are maintained in the student's file;
57.15 	(j) to volunteers who are determined to have a legitimate educational interest in the data 
57.16 	and who are conducting activities and events sponsored by or endorsed by the educational 
57.17 	agency or institution for students or former students;
57.18 	(k) to provide student recruiting information, from educational data held by colleges 
57.19 	and universities, as required by and subject to Code of Federal Regulations, title 32, section 
57.20 	216;
57.21 	(l) to the juvenile justice system if information about the behavior of a student who poses 
57.22 	a risk of harm is reasonably necessary to protect the health or safety of the student or other 
57.23 	individuals;
57.24 	(m) with respect to Social Security numbers of students in the adult basic education 
57.25 	system, to Minnesota State Colleges and Universities and the Department of Employment 
57.26 	and Economic Development for the purpose and in the manner described in section 124D.52, 
57.27 	subdivision 7;
57.28 	(n) to the commissioner of education for purposes of an assessment or investigation of 
57.29 	a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request 
57.30 	by the commissioner of education, data that are relevant to a report of maltreatment and are 
57.31 	from charter school and school district investigations of alleged maltreatment of a student 
57.32 	must be disclosed to the commissioner, including, but not limited to, the following:
57.33 	(1) information regarding the student alleged to have been maltreated;
58.1 	(2) information regarding student and employee witnesses;
58.2 	(3) information regarding the alleged perpetrator; and
58.3 	(4) what corrective or protective action was taken, if any, by the school facility in response 
58.4 	to a report of maltreatment by an employee or agent of the school or school district;
58.5 	(o) when the disclosure is of the final results of a disciplinary proceeding on a charge 
58.6 	of a crime of violence or nonforcible sex offense to the extent authorized under United 
58.7 	States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations, 
58.8 	title 34, sections 99.31(a)(13) and (14);
58.9 	(p) when the disclosure is information provided to the institution under United States 
58.10 	Code, title 42, section 14071, concerning registered sex offenders to the extent authorized 
58.11 	under United States Code, title 20, section 1232g(b)(7); or
58.12 	(q) when the disclosure is to a parent of a student at an institution of postsecondary 
58.13 	education regarding the student's violation of any federal, state, or local law or of any rule 
58.14 	or policy of the institution, governing the use or possession of alcohol or of a controlled 
58.15 	substance, to the extent authorized under United States Code, title 20, section 1232g(i), and 
58.16 	Code of Federal Regulations, title 34, section 99.31(a)(15), and provided the institution has 
58.17 	an information release form signed by the student authorizing disclosure to a parent. The 
58.18 	institution must notify parents and students about the purpose and availability of the 
58.19 	information release forms. At a minimum, the institution must distribute the information 
58.20 	release forms at parent and student orientation meetings.; or
58.21 	(r) with Tribal Nations about Tribally enrolled or descendant students to the extent 
58.22 	necessary for the Tribal Nation and school district or charter school to support the educational 
58.23 	attainment of the student.

58.24 	Sec. 2. Minnesota Statutes 2022, section 120A.42, is amended to read:
58.25 	120A.42 CONDUCT OF SCHOOL ON CERTAIN HOLIDAYS.
58.26 	(a) The governing body of any district may contract with any of the teachers of the 
58.27 	district for the conduct of schools, and may conduct schools, on either, or any, of the 
58.28 	following holidays, provided that a clause to this effect is inserted in the teacher's contract: 
58.29 	Martin Luther King's birthday, Lincoln's and Washington's birthdays, Columbus Day
58.30 	Indigenous Peoples Day, and Veterans' Day. On Martin Luther King's birthday, Washington's 
58.31 	birthday, Lincoln's birthday, and Veterans' Day at least one hour of the school program 
58.32 	must be devoted to a patriotic observance of the day. On Indigenous Peoples Day, at least 
58.33 	one hour of the school program must be devoted to observance of the day. As part of its 
59.1 	observance of Indigenous Peoples Day, a district may provide professional development to 
59.2 	teachers and staff, or instruction to students, on the following topics:
59.3 	(1) the history of treaties between the United States and Indigenous peoples;
59.4 	(2) the history of federal boarding schools for Indigenous children;
59.5 	(3) Indigenous languages;
59.6 	(4) Indigenous traditional medicines and cultural or spiritual practices;
59.7 	(5) the sovereignty of Tribal nations;
59.8 	(6) the contributions of Indigenous people to American culture, literature, and society; 
59.9 	and
59.10 	(7) current issues affecting Indigenous communities.
59.11 	(b) A district may conduct a school program to honor Constitution Day and Citizenship 
59.12 	Day by providing opportunities for students to learn about the principles of American 
59.13 	democracy, the American system of government, American citizens' rights and 
59.14 	responsibilities, American history, and American geography, symbols, and holidays. Among 
59.15 	other activities under this paragraph, districts may administer to students the test questions 
59.16 	United States Citizenship and Immigration Services officers pose to applicants for 
59.17 	naturalization.

59.18 	Sec. 3. Minnesota Statutes 2022, section 120B.021, subdivision 2, is amended to read:
59.19 		Subd. 2.Standards development. (a) The commissioner must consider advice from at 
59.20 	least the following stakeholders in developing statewide rigorous core academic standards 
59.21 	in language arts, mathematics, science, social studies, including history, geography, 
59.22 	economics, government and citizenship, and the arts:
59.23 	(1) parents of school-age children and members of the public throughout the state;
59.24 	(2) teachers throughout the state currently licensed and providing instruction in language 
59.25 	arts, mathematics, science, social studies, or the arts and licensed elementary and secondary 
59.26 	school principals throughout the state currently administering a school site;
59.27 	(3) currently serving members of local school boards and charter school boards throughout 
59.28 	the state;
59.29 	(4) faculty teaching core subjects at postsecondary institutions in Minnesota; and
59.30 	(5) representatives of the Minnesota business community.; and
60.1 	(6) representatives from the Tribal Nations Education Committee and Minnesota's Tribal 
60.2 	Nations and communities, including both Anishinaabe and Dakota.
60.3 	(b) Academic standards must:
60.4 	(1) be clear, concise, objective, measurable, and grade-level appropriate;
60.5 	(2) not require a specific teaching methodology or curriculum; and
60.6 	(3) be consistent with the Constitutions of the United States and the state of Minnesota.

60.7 	Sec. 4. Minnesota Statutes 2022, section 120B.021, subdivision 4, is amended to read:
60.8 		Subd. 4.Revisions and reviews required. (a) The commissioner of education must 
60.9 	revise and appropriately embed technology and information literacy standards consistent 
60.10 	with recommendations from school media specialists into the state's academic standards 
60.11 	and graduation requirements and implement a ten-year cycle to review and, consistent with 
60.12 	the review, revise state academic standards and related benchmarks, consistent with this 
60.13 	subdivision. During each ten-year review and revision cycle, the commissioner also must 
60.14 	examine the alignment of each required academic standard and related benchmark with the 
60.15 	knowledge and skills students need for career and college readiness and advanced work in 
60.16 	the particular subject area. The commissioner must include the contributions of Minnesota 
60.17 	American Indian tribes and communities, including urban Indigenous communities, as 
60.18 	related to the academic standards during the review and revision of the required academic 
60.19 	standards. The commissioner must embed Indigenous education for all students consistent 
60.20 	with recommendations from Minnesota's Tribal Nations and urban Indigenous communities 
60.21 	regarding the contributions of Minnesota American Indian Tribes and communities into the 
60.22 	state's academic standards during the review and revision of the required academic standards. 
60.23 	The recommendations to embed Indigenous education for all students includes but is not 
60.24 	limited to American Indian experiences in Minnesota, including Tribal histories, Indigenous 
60.25 	languages, sovereignty issues, cultures, treaty rights, governments, socioeconomic 
60.26 	experiences, contemporary issues, and current events.
60.27 	(b) The commissioner must ensure that the statewide mathematics assessments 
60.28 	administered to students in grades 3 through 8 and 11 are aligned with the state academic 
60.29 	standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph (b). 
60.30 	The commissioner must implement a review of the academic standards and related 
60.31 	benchmarks in mathematics beginning in the 2021-2022 school year and every ten years 
60.32 	thereafter.
61.1 	(c) The commissioner must implement a review of the academic standards and related 
61.2 	benchmarks in arts beginning in the 2017-2018 school year and every ten years thereafter.
61.3 	(d) The commissioner must implement a review of the academic standards and related 
61.4 	benchmarks in science beginning in the 2018-2019 school year and every ten years thereafter.
61.5 	(e) The commissioner must implement a review of the academic standards and related 
61.6 	benchmarks in language arts beginning in the 2019-2020 school year and every ten years 
61.7 	thereafter.
61.8 	(f) The commissioner must implement a review of the academic standards and related 
61.9 	benchmarks in social studies beginning in the 2020-2021 school year and every ten years 
61.10 	thereafter.
61.11 	(g) The commissioner must implement a review of the academic standards and related 
61.12 	benchmarks in physical education beginning in the 2022-2023 2026-2027 school year and 
61.13 	every ten years thereafter.
61.14 	(h) School districts and charter schools must revise and align local academic standards 
61.15 	and high school graduation requirements in health, world languages, and career and technical 
61.16 	education to require students to complete the revised standards beginning in a school year 
61.17 	determined by the school district or charter school. School districts and charter schools must 
61.18 	formally establish a periodic review cycle for the academic standards and related benchmarks 
61.19 	in health, world languages, and career and technical education.
61.20 	(i) The commissioner of education must embed technology and information literacy 
61.21 	standards consistent with recommendations from school media specialists into the state's 
61.22 	academic standards and graduation requirements.
61.23 	(j) The commissioner of education must embed ethnic studies as related to the academic 
61.24 	standards during the review and revision of the required academic standards.

61.25 	Sec. 5. Minnesota Statutes 2022, section 120B.021, is amended by adding a subdivision 
61.26 	to read:
61.27 		Subd. 5.Indigenous education for all students. To support implementation of 
61.28 	Indigenous education for all students, the commissioner must:
61.29 	(1) provide historically accurate, Tribally endorsed, culturally relevant, community-based, 
61.30 	contemporary, and developmentally appropriate resources. Resources to implement standards 
61.31 	must include professional development and must demonstrate an awareness and 
62.1 	understanding of the importance of accurate, high-quality materials about the histories, 
62.2 	languages, cultures, and governments of local Tribes;
62.3 	(2) provide resources to support all students learning about the histories, languages, 
62.4 	cultures, governments, and experiences of their American Indian peers and neighbors. 
62.5 	Resources to implement standards across content areas must be developed to authentically 
62.6 	engage all students and support successful learning; and
62.7 	(3) conduct a needs assessment by December 31, 2023. The needs assessment must fully 
62.8 	inform the development of future resources for Indigenous education for all students by 
62.9 	using information from Minnesota's American Indian Tribes and communities, including 
62.10 	urban Indigenous communities, Minnesota's Tribal Nations Education Committee, schools 
62.11 	and districts, students, and educational organizations. The commissioner must submit a 
62.12 	report on the findings and recommendations from the needs assessment to the chairs and 
62.13 	ranking minority members of legislative committees with jurisdiction over education; to 
62.14 	the American Indian Tribes and communities in Minnesota, including urban Indigenous 
62.15 	communities; and to all schools and districts in the state by February 1, 2024.

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

62.17 	Sec. 6. [121A.041] AMERICAN INDIAN MASCOTS PROHIBITED.
62.18 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
62.19 	the meanings given.
62.20 	(b) "American Indian" means an individual who is:
62.21 	(1) a member of an Indian Tribe or band, as membership is defined by the Tribe or band, 
62.22 	including:
62.23 	(i) any Tribe or band terminated since 1940; and
62.24 	(ii) any Tribe or band recognized by the state in which the Tribe or band resides;
62.25 	(2) a descendant, in the first or second degree, of an individual described in clause (1);
62.26 	(3) considered by the Secretary of the Interior to be an Indian for any purpose;
62.27 	(4) an Eskimo, Aleut, or other Alaska Native; or
62.28 	(5) a member of an organized Indian group that received a grant under the Indian 
62.29 	Education Act of 1988 as in effect the day preceding October 20, 1994.
62.30 	(c) "District" means a district under section 120A.05, subdivision 8.
63.1 	(d) "Mascot" means any human, nonhuman animal, or object used to represent a school 
63.2 	and its population.
63.3 	(e) "Public school" or "school" means a public school under section 120A.05, subdivisions 
63.4 	9, 11, 13, and 17, and a charter school under chapter 124E.
63.5 		Subd. 2.Prohibition on American Indian mascots. (a) A public school may not have 
63.6 	or adopt a name, symbol, or image that depicts or refers to an American Indian Tribe, 
63.7 	individual, custom, or tradition to be used as a mascot, nickname, logo, letterhead, or team 
63.8 	name of the district or school within the district.
63.9 	(b) A public school may seek an exemption to paragraph (a) by submitting a request in 
63.10 	writing to all eleven federally recognized Tribal Nations in Minnesota and to the Tribal 
63.11 	Nations Education Committee. The exemption is denied if any of the eleven Tribal Nations 
63.12 	or the Tribal Nations Education Committee opposes the exemption. A public school whose 
63.13 	exemption is denied must comply with paragraph (a) by September 1 of the following 
63.14 	calendar year after which the exemption request was made.

63.15 	EFFECTIVE DATE. This section is effective June 30, 2024.

63.16 	Sec. 7. Minnesota Statutes 2022, section 124D.73, is amended by adding a subdivision to 
63.17 	read:
63.18 		Subd. 5.American Indian student. "American Indian student" means a student who 
63.19 	identifies as American Indian or Alaska Native, as defined by the state on October 1 of the 
63.20 	previous school year.

63.21 	Sec. 8. Minnesota Statutes 2022, section 124D.74, subdivision 1, is amended to read:
63.22 		Subdivision 1.Program described. American Indian education programs are programs 
63.23 	in public elementary and secondary schools, nonsectarian nonpublic, community, tribal, 
63.24 	charter, or alternative schools enrolling American Indian children designed to:
63.25 	(1) support postsecondary preparation for American Indian pupils;
63.26 	(2) support the academic achievement of American Indian students pupils;
63.27 	(3) make the curriculum relevant to the needs, interests, and cultural heritage of American 
63.28 	Indian pupils;
63.29 	(4) provide positive reinforcement of the self-image of American Indian pupils;
63.30 	(5) develop intercultural awareness among pupils, parents, and staff; and
64.1 	(6) supplement, not supplant, state and federal educational and cocurricular programs.
64.2 	Program services designed to increase completion and graduation rates of American Indian 
64.3 	students must emphasize academic achievement, retention, and attendance; development 
64.4 	of support services for staff, including in-service training and technical assistance in methods 
64.5 	of teaching American Indian pupils; research projects, including innovative teaching 
64.6 	approaches and evaluation of methods of relating to American Indian pupils; provision of 
64.7 	career counseling to American Indian pupils; modification of curriculum, instructional 
64.8 	methods, and administrative procedures to meet the needs of American Indian pupils; and 
64.9 	supplemental instruction in American Indian language, literature, history, and culture. 
64.10 	Districts offering programs may make contracts for the provision of program services by 
64.11 	establishing cooperative liaisons with tribal programs and American Indian social service 
64.12 	agencies. These programs may also be provided as components of early childhood and 
64.13 	family education programs.

64.14 	Sec. 9. Minnesota Statutes 2022, section 124D.74, subdivision 3, is amended to read:
64.15 		Subd. 3.Enrollment of other children; shared time enrollment. To the extent it is 
64.16 	economically feasible, a district or participating school may make provision for the voluntary 
64.17 	enrollment of non-American Indian children in the instructional components of an American 
64.18 	Indian education program in order that they may acquire an understanding of the cultural 
64.19 	heritage of the American Indian children for whom that particular program is designed. 
64.20 	However, in determining eligibility to participate in a program, priority must be given to 
64.21 	American Indian children. American Indian children and other children enrolled in an 
64.22 	existing nonpublic school system may be enrolled on a shared time basis in American Indian 
64.23 	education programs.

64.24 	Sec. 10. Minnesota Statutes 2022, section 124D.74, subdivision 4, is amended to read:
64.25 		Subd. 4.Location of programs. American Indian education programs must be located 
64.26 	in facilities educational settings in which regular classes in a variety of subjects are offered 
64.27 	on a daily basis. Programs may operate on an extended day or extended year basis, including 
64.28 	school districts, charter schools, and Tribal contract schools that offer virtual learning 
64.29 	environments.

65.1 	Sec. 11. Minnesota Statutes 2022, section 124D.74, is amended by adding a subdivision 
65.2 	to read:
65.3 		Subd. 7.American Indian culture and language classes. A district or participating 
65.4 	school that conducts American Indian education programs under sections 124D.71 to 
65.5 	124D.82 must provide American Indian culture and language classes if: (1) at least five 
65.6 	percent of enrolled students meet the definition of American Indian students; or (2) 100 or 
65.7 	more enrolled students meet the definition of American Indian students.

65.8 	Sec. 12. Minnesota Statutes 2022, section 124D.76, is amended to read:
65.9 	124D.76 COMMUNITY COORDINATORS, INDIAN HOME/SCHOOL LIAISONS
65.10 	AMERICAN INDIAN EDUCATION PROGRAM COORDINATORS, 
65.11 	PARAPROFESSIONALS.
65.12 	In addition to employing American Indian language and culture education teachers, each 
65.13 	district or participating school providing programs pursuant to sections 124D.71 to 124D.82
65.14 	may employ paraprofessionals. Paraprofessionals must not be employed for the purpose of 
65.15 	supplanting American Indian language and culture education teachers.
65.16 	Any district or participating school which that conducts American Indian education 
65.17 	programs pursuant to sections 124D.71 to 124D.82 must employ one or more full-time or 
65.18 	part-time community coordinators or Indian home/school liaisons if there are dedicated 
65.19 	American Indian education program coordinators in a district with 100 or more 
65.20 	state-identified American Indian students enrolled in the district. Community coordinators 
65.21 	shall A dedicated American Indian education program coordinator must promote 
65.22 	communication, understanding, and cooperation between the schools and the community 
65.23 	and shall must visit the homes of children who are to be enrolled in an American Indian 
65.24 	education program in order to convey information about the program.

65.25 	Sec. 13. Minnesota Statutes 2022, section 124D.78, is amended to read:
65.26 	124D.78 PARENT AND COMMUNITY PARTICIPATION.
65.27 		Subdivision 1.Parent committee. School boards and American Indian schools School 
65.28 	districts, charter schools, Tribal contract schools, and the respective school boards must 
65.29 	provide for the maximum involvement of parents of American Indian children enrolled in 
65.30 	American Indian education programs, programs for elementary and secondary grades, 
65.31 	special education programs, and support services. Accordingly, the board of a school district
65.32 	school districts, charter schools, and Tribal contract schools in which there are ten or more
65.33 	state-identified American Indian students enrolled and each American Indian school must 
66.1 	establish an American Indian education Parent Advisory Committee. If a committee whose 
66.2 	membership consists of a majority of parents of American Indian children has been or is 
66.3 	established according to federal, tribal, or other state law, that committee may serve as the 
66.4 	committee required by this section and is subject to, at least, the requirements of this 
66.5 	subdivision and subdivision 2.
66.6 	The American Indian education Parent Advisory Committee must develop its 
66.7 	recommendations in consultation with the curriculum advisory committee required by 
66.8 	section 120B.11, subdivision 3. This committee must afford parents the necessary information 
66.9 	and the opportunity effectively to express their views concerning all aspects of American 
66.10 	Indian education and the educational needs of the American Indian children enrolled in the 
66.11 	school or program. The school board or American Indian school School districts, charter 
66.12 	schools, and Tribal contract schools must ensure that programs are planned, operated, and 
66.13 	evaluated with the involvement of and in consultation with parents of the American Indian 
66.14 	students served by the programs.
66.15 		Subd. 2.Resolution of concurrence Annual compliance. Prior to March 1, the school 
66.16 	board or American Indian school must submit to the department a copy of a resolution 
66.17 	adopted by the American Indian education parent advisory committee.The copy must be 
66.18 	signed by the chair of the committee and must state whether the committee concurs with 
66.19 	the educational programs for American Indian students offered by the school board or 
66.20 	American Indian school. If the committee does not concur with the educational programs, 
66.21 	the reasons for nonconcurrence and recommendations shall be submitted directly to the 
66.22 	school board with the resolution. By resolution, the board must respond in writing within 
66.23 	60 days, in cases of nonconcurrence, to each recommendation made by the committee and 
66.24 	state its reasons for not implementing the recommendations. American Indian Parent 
66.25 	Advisory Committee must meet to discuss whether or not they concur with the educational 
66.26 	offerings that have been extended by the district to American Indian students. If the 
66.27 	committee finds that the district, charter school, Tribal contract school, and the school board 
66.28 	have been meeting the needs of American Indian students, they issue a vote and resolution 
66.29 	of concurrence. If they find that the needs of American Indian students are not being met, 
66.30 	they issue a vote and resolution of nonconcurrence. The vote and resolution must be presented 
66.31 	to the school board by one or more members of the American Indian Parent Advisory 
66.32 	Committee. The vote is formally reflected on documentation provided by the Department 
66.33 	of Education and must be submitted annually on March 1.
66.34 	If the vote is one of nonconcurrence, the committee must provide written 
66.35 	recommendations for improvement to the school board at the time of the presentation. In 
67.1 	the case of nonconcurrence, the school board is given 60 days in which to respond, in writing, 
67.2 	to the committee's recommendations. The board response must be signed by the entire 
67.3 	school board and submitted to both the American Indian Parent Advisory Committee and 
67.4 	to the Department of Education. The resolution must be accompanied by Parent Advisory 
67.5 	Committee meeting minutes that show they have been appraised by the district on the goals 
67.6 	of the Indian Education Program Plan and the measurement of progress toward those goals.
67.7 		Subd. 3.Membership. The American Indian education Parent Advisory Committee 
67.8 	must be composed of parents or guardians of American Indian children eligible to be enrolled 
67.9 	in American Indian education programs; American Indian secondary students eligible to 
67.10 	be served; American Indian family members of students eligible to be enrolled in American 
67.11 	Indian education programs; American Indian language and culture education teachers and 
67.12 	paraprofessionals; American Indian teachers; American Indian district employees; American 
67.13 	Indian counselors; adult American Indian people enrolled in educational programs; and 
67.14 	representatives from community groups. A American Indian community members. The
67.15 	majority of each committee must be the parents or guardians of the American Indian children 
67.16 	enrolled or eligible to be enrolled in the programs. The number of parents of American 
67.17 	Indian and non-American Indian children shall reflect approximately the proportion of 
67.18 	children of those groups enrolled in the programs.
67.19 		Subd. 4.Alternate committee. If the organizational membership or the board of directors 
67.20 	of an American Indian school a Tribal contract school consists of parents of children attending 
67.21 	the school, that membership or board may serve also as the American Indian education
67.22 	Parent Advisory Committee.
67.23 		Subd. 5.State-identified American Indian. For the purposes of sections 124D.71 to 
67.24 	124D.82, the number of students who identify as American Indian or Alaska Native, as 
67.25 	defined by the state of Minnesota on October 1 of the previous school year, will be used to 
67.26 	determine the state-identified American Indian student counts for school districts, charter 
67.27 	schools, and Tribal contract schools for the subsequent school year.

67.28 	Sec. 14. Minnesota Statutes 2022, section 124D.79, subdivision 2, is amended to read:
67.29 		Subd. 2.Technical assistance. The commissioner shall provide technical assistance to 
67.30 	districts, schools and postsecondary institutions for preservice and in-service training for 
67.31 	teachers, American Indian education teachers and paraprofessionals specifically designed 
67.32 	to implement culturally responsive teaching methods, culturally based curriculum 
67.33 	development, testing and testing mechanisms, and the development of materials for American 
68.1 	Indian education programs, and the annual report of American Indian student data using 
68.2 	the state count.

68.3 	Sec. 15. Minnesota Statutes 2022, section 124D.791, subdivision 4, is amended to read:
68.4 		Subd. 4.Duties; powers. The American Indian education director shall:
68.5 	(1) serve as the liaison for the department work collaboratively and in conjunction with 
68.6 	the Tribal Liaison, the Tribal Nations Education Committee, the 11 Tribal communities
68.7 	nations in Minnesota, the Minnesota Chippewa Tribe, and the Minnesota Indian Affairs 
68.8 	Council;
68.9 	(2) evaluate the state of American Indian education in Minnesota;
68.10 	(3) engage the tribal bodies, community groups, parents of children eligible to be served 
68.11 	by American Indian education programs, American Indian administrators and teachers, 
68.12 	persons experienced in the training of teachers for American Indian education programs, 
68.13 	the tribally controlled schools, and other persons knowledgeable in the field of American 
68.14 	Indian education and seek their advice on policies that can improve the quality of American 
68.15 	Indian education;
68.16 	(4) advise the commissioner on American Indian education issues, including:
68.17 	(i) issues facing American Indian students;
68.18 	(ii) policies for American Indian education;
68.19 	(iii) awarding scholarships to eligible American Indian students and in administering 
68.20 	the commissioner's duties regarding awarding of American Indian education grants to school 
68.21 	districts; and
68.22 	(iv) administration of the commissioner's duties under sections 124D.71 to 124D.82 and 
68.23 	other programs for the education of American Indian people;
68.24 	(5) propose to the commissioner legislative changes that will improve the quality of 
68.25 	American Indian education;
68.26 	(6) develop a strategic plan and a long-term framework for American Indian education, 
68.27 	in conjunction with the Minnesota Indian Affairs Council, that is updated every five years 
68.28 	and implemented by the commissioner, with goals to:
68.29 	(i) increase American Indian student achievement, including increased levels of 
68.30 	proficiency and growth on statewide accountability assessments;
68.31 	(ii) increase the number of American Indian teachers in public schools;
69.1 	(iii) close the achievement gap between American Indian students and their more 
69.2 	advantaged peers;
69.3 	(iv) increase the statewide graduation rate for American Indian students; and
69.4 	(v) increase American Indian student placement in postsecondary programs and the 
69.5 	workforce; and
69.6 	(7) keep the American Indian community informed about the work of the department 
69.7 	by reporting to the Tribal Nations Education Committee at each committee meeting.

69.8 	Sec. 16. [124D.792] GRADUATION CEREMONIES; TRIBAL REGALIA AND 
69.9 	OBJECTS OF CULTURAL SIGNIFICANCE.
69.10 	A school district or charter school must not prohibit an American Indian student from 
69.11 	wearing American Indian regalia, Tribal regalia, or objects of cultural significance at a 
69.12 	graduation ceremony.

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

69.14 	Sec. 17. Minnesota Statutes 2022, section 124D.81, subdivision 1, is amended to read:
69.15 		Subdivision 1. Procedures. A school district, charter school, or American 
69.16 	Indian-controlled tribal contract or grant school enrolling at least 20 American Indian 
69.17 	students identified by the state count on October 1 of the previous school year and operating 
69.18 	an American Indian education program according to section 124D.74 is eligible for Indian 
69.19 	education aid if it meets the requirements of this section. Programs may provide for contracts 
69.20 	for the provision of program components by nonsectarian nonpublic, community, tribal, 
69.21 	charter, or alternative schools. The commissioner shall prescribe the form and manner of 
69.22 	application for aids, and no aid shall be made for a program not complying with the 
69.23 	requirements of sections 124D.71 to 124D.82.

69.24 	Sec. 18. Minnesota Statutes 2022, section 124D.81, subdivision 5, is amended to read:
69.25 		Subd. 5.Records. Participating schools and districts must keep records and afford access 
69.26 	to them as the commissioner finds necessary to ensure that American Indian education 
69.27 	programs are implemented in conformity with sections 124D.71 to 124D.82. Each school 
69.28 	district or participating school must keep accurate, detailed, and separate revenue and 
69.29 	expenditure accounts for pilot American Indian education programs funded under this 
69.30 	section.

70.1 	Sec. 19. Minnesota Statutes 2022, section 144.4165, is amended to read:
70.2 	144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
70.3 	(a) No person shall at any time smoke, chew, or otherwise ingest tobacco, or carry or 
70.4 	use an activated electronic delivery device as defined in section 609.685, subdivision 1, in 
70.5 	a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or in a charter 
70.6 	school governed by chapter 124E. This prohibition extends to all facilities, whether owned, 
70.7 	rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or 
70.8 	controls.
70.9 	(b) Nothing in this section shall prohibit the lighting of tobacco by an adult as a part of 
70.10 	a traditional Indian spiritual or cultural ceremony. An American Indian student may carry 
70.11 	a medicine pouch containing loose tobacco intended as observance of traditional spiritual 
70.12 	or cultural practices. For purposes of this section, an Indian is a person who is a member 
70.13 	of an Indian tribe as defined in section 260.755, subdivision 12.

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

70.15 	ARTICLE 4
70.16 	TEACHERS

70.17 	Section 1. Minnesota Statutes 2022, section 120A.414, subdivision 2, is amended to read:
70.18 		Subd. 2.Plan. A school board, including the board of a charter school, may adopt an 
70.19 	e-learning day plan after consulting meeting and negotiating with the exclusive representative 
70.20 	of the teachers. A If a charter school's teachers are not represented by an exclusive 
70.21 	representative, the charter school may adopt an e-learning day plan after consulting with 
70.22 	its teachers. The plan must include accommodations for students without Internet access at 
70.23 	home and for digital device access for families without the technology or an insufficient 
70.24 	amount of technology for the number of children in the household. A school's e-learning 
70.25 	day plan must provide accessible options for students with disabilities under chapter 125A.

70.26 	Sec. 2. [120B.25] CURRICULUM POLICY.
70.27 	A school board must adopt a written policy that prohibits discrimination or discipline 
70.28 	for a teacher or principal on the basis of incorporating into curriculum contributions by 
70.29 	persons in a federally protected class or protected class under section 363A.13 consistent 
70.30 	with local collective bargaining agreements.

71.1 	Sec. 3. [122A.04] LICENSE REQUIRED.
71.2 	Pursuant to section 120A.22, subdivision 10, a teacher must hold a field license or a 
71.3 	permission aligned to the content area and scope of the teacher's assignment to provide 
71.4 	instruction in a public school, including a charter school.

71.5 	Sec. 4. Minnesota Statutes 2022, section 122A.06, subdivision 1, is amended to read:
71.6 		Subdivision 1.Scope. For the purpose of sections 122A.05 122A.04 to 122A.093,and 
71.7 	122A.15 to 122A.33, the terms defined in this section have the meanings given them, unless 
71.8 	another meaning is clearly indicated.

71.9 	Sec. 5. Minnesota Statutes 2022, section 122A.06, subdivision 2, is amended to read:
71.10 		Subd. 2.Teacher. "Teacher" means a classroom teacher or other similar professional 
71.11 	employee required by law to hold a license from the Professional Educator Licensing and 
71.12 	Standards Board.

71.13 	Sec. 6. Minnesota Statutes 2022, section 122A.06, subdivision 5, is amended to read:
71.14 		Subd. 5.Field. A "field," "licensure area," or "subject area" means the content area in 
71.15 	which a teacher may become licensed to teach.

71.16 	Sec. 7. Minnesota Statutes 2022, section 122A.06, subdivision 6, is amended to read:
71.17 		Subd. 6.Shortage area. "Shortage area" means:
71.18 	(1) licensure fields and economic development regions reported by the commissioner 
71.19 	of education Office of Higher Education or the Professional Educator Licensing and 
71.20 	Standards Board as experiencing a teacher shortage; and
71.21 	(2) economic development regions where there is a shortage of licensed teachers who 
71.22 	reflect the racial or ethnic diversity of students in the region. the aggregate percentage of 
71.23 	Indigenous teachers and teachers of color in the region is lower than the aggregate percentage 
71.24 	of kindergarten through grade 12 Indigenous students and students of color in that region. 
71.25 	Only individuals who close the gap between these percentages qualify as filling a shortage 
71.26 	by this definition.

71.27 	Sec. 8. Minnesota Statutes 2022, section 122A.06, subdivision 7, is amended to read:
71.28 		Subd. 7.Teacher preparation program. "Teacher preparation program" means a 
71.29 	program approved by the Professional Educator Licensing and Standards Board for the 
72.1 	purpose of preparing individuals for a specific teacher licensure field in Minnesota. Teacher 
72.2 	preparation programs include traditional programs delivered by postsecondary institutions, 
72.3 	alternative teacher preparation programs, and nonconventional teacher preparation programs.

72.4 	Sec. 9. Minnesota Statutes 2022, section 122A.06, subdivision 8, is amended to read:
72.5 		Subd. 8.Teacher preparation program provider. "Teacher preparation program 
72.6 	provider" or "unit" means an entity that has primary responsibility for overseeing and 
72.7 	delivering a teacher preparation program. Teacher preparation program providers include 
72.8 	institutes of higher education, school districts, charter schools, or nonprofit corporations 
72.9 	organized under chapter 317A.

72.10 	Sec. 10. Minnesota Statutes 2022, section 122A.06, is amended by adding a subdivision 
72.11 	to read:
72.12 		Subd. 9.District. "District" means a school district or charter school.

72.13 	Sec. 11. Minnesota Statutes 2022, section 122A.06, is amended by adding a subdivision 
72.14 	to read:
72.15 		Subd. 10.Transfer pathway. "Transfer pathway" means an established pathway to 
72.16 	licensure between a two-year college or Tribal college, and a board-approved teacher 
72.17 	preparation provider.

72.18 	Sec. 12. Minnesota Statutes 2022, section 122A.07, subdivision 4a, is amended to read:
72.19 		Subd. 4a.Administration. (a) The executive director of the board shall be the chief 
72.20 	administrative officer for the board but shall not be a member of the board. The executive 
72.21 	director shall maintain the records of the board, account for all fees received by the board, 
72.22 	supervise and direct employees servicing the board, and perform other services as directed 
72.23 	by the board.
72.24 	(b) The Department of Administration must provide administrative support in accordance 
72.25 	with section 16B.371. The commissioner of administration must assess the board for services 
72.26 	it provides under this section.
72.27 	(c) The Department of Education must provide suitable offices and other space to the 
72.28 	board at reasonable cost until January 1, 2020. Thereafter, the board may contract with 
72.29 	either the Department of Education or the Department of Administration for the provision 
72.30 	of suitable offices and other space, joint conference and hearing facilities, and examination 
72.31 	rooms.

73.1 	Sec. 13. Minnesota Statutes 2022, section 122A.09, subdivision 4, is amended to read:
73.2 		Subd. 4.Licensing and approval. (a) The Professional Educator Licensing and Standards 
73.3 	Board must license teachers, as defined in section 122A.15, subdivision 1, except for 
73.4 	supervisory personnel, as defined in section 122A.15, subdivision 2. The board must not 
73.5 	delegate its authority to make all licensing decisions with respect to candidates applicants
73.6 	for teacher licensure. The board must evaluate candidates applicants for compliance with 
73.7 	statutory or rule requirements for licensure and develop licensure verification requirements.
73.8 	(b) The Professional Educator Licensing and Standards Board must approve teacher 
73.9 	preparation providers seeking to prepare applicants for teacher licensure in Minnesota.

73.10 	Sec. 14. Minnesota Statutes 2022, section 122A.09, subdivision 6, is amended to read:
73.11 		Subd. 6.Register of persons licensed. The executive director of the Professional 
73.12 	Educator Licensing and Standards Board must keep a record of the proceedings of and a 
73.13 	register of all persons licensed pursuant to the provisions of this chapter. The register must 
73.14 	show the name, address, licenses and permissions held, including renewals, and license 
73.15 	number and the renewal of the license. The board must on July 1, of each year or as soon 
73.16 	thereafter as is practicable, compile a list of such duly licensed teachers. A copy of the 
73.17 	register This list must be available during business hours at the office of the board to any 
73.18 	interested person on the board's website.

73.19 	Sec. 15. Minnesota Statutes 2022, section 122A.09, subdivision 9, is amended to read:
73.20 		Subd. 9.Professional Educator Licensing and Standards Board must adopt rules. (a) 
73.21 	The Professional Educator Licensing and Standards Board must adopt rules subject to the 
73.22 	provisions of chapter 14 to implement sections 120B.363, 122A.05 to 122A.09, 122A.092, 
73.23 	122A.16, 122A.17, 122A.18, 122A.181, 122A.182, 122A.183, 122A.184, 122A.185, 
73.24 	122A.187, 122A.188, 122A.19, 122A.20, 122A.21, 122A.23, 122A.26, 122A.28, and
73.25 	122A.29, and 124D.72.
73.26 	(b) The board must adopt rules relating to fields of licensure and grade levels that a 
73.27 	licensed teacher may teach, including a process for granting permission to a licensed teacher 
73.28 	to teach in a field that is different from the teacher's field of licensure without change to the 
73.29 	teacher's license tier level.
73.30 	(c) The board must adopt rules relating to the grade levels that a licensed teacher may 
73.31 	teach.
74.1 	(d) (c) If a rule adopted by the board is in conflict with a session law or statute, the law 
74.2 	or statute prevails. Terms adopted in rule must be clearly defined and must not be construed 
74.3 	to conflict with terms adopted in statute or session law.
74.4 	(e) (d) The board must include a description of a proposed rule's probable effect on 
74.5 	teacher supply and demand in the board's statement of need and reasonableness under section 
74.6 	14.131.
74.7 	(f) (e) The board must adopt rules only under the specific statutory authority.

74.8 	Sec. 16. Minnesota Statutes 2022, section 122A.09, subdivision 10, is amended to read:
74.9 		Subd. 10.Permissions. (a) Notwithstanding subdivision 9 and sections 14.055 and 
74.10 	14.056, the Professional Educator Licensing and Standards Board may grant waivers to its 
74.11 	rules upon application by a school district or a charter school for purposes of implementing 
74.12 	experimental programs in learning or management.
74.13 	(b) To enable a school district or a charter school to meet the needs of students enrolled 
74.14 	in an alternative education program and to enable licensed teachers instructing those students 
74.15 	to satisfy content area licensure requirements, the Professional Educator Licensing and 
74.16 	Standards Board annually may permit a licensed teacher teaching in an alternative education 
74.17 	program to instruct students in a content area for which the teacher is not licensed, consistent 
74.18 	with paragraph (a).
74.19 	(c) A special education license permission issued by the Professional Educator Licensing 
74.20 	and Standards Board for a primary employer's low-incidence region is valid in all 
74.21 	low-incidence regions.
74.22 	(d) A candidate An applicant that has obtained career and technical education certification 
74.23 	may apply for a Tier 1 license under section 122A.181. Consistent with section 136F.361, 
74.24 	the Professional Educator Licensing and Standards Board must strongly encourage approved 
74.25 	college or university-based teacher preparation programs throughout Minnesota to develop 
74.26 	alternative pathways for certifying and licensing high school career and technical education 
74.27 	instructors and teachers, allowing such candidates applicants to meet certification and 
74.28 	licensure standards that demonstrate their content knowledge, classroom experience, and 
74.29 	pedagogical practices and their qualifications based on a combination of occupational testing, 
74.30 	professional certification or licensure, and long-standing work experience.

75.1 	Sec. 17. Minnesota Statutes 2022, section 122A.091, subdivision 1, is amended to read:
75.2 		Subdivision 1.Teacher and administrator preparation and performance data; 
75.3 	report. (a) The Professional Educator Licensing and Standards Board and the Board of 
75.4 	School Administrators, in cooperation with board-adopted board-approved teacher or 
75.5 	administrator preparation programs, annually must collect and report summary data on 
75.6 	teacher and administrator preparation and performance outcomes, consistent with this 
75.7 	subdivision. The Professional Educator Licensing and Standards Board and the Board of 
75.8 	School Administrators annually by June July 1 must update and post the reported summary 
75.9 	preparation and performance data on teachers and administrators from the preceding school 
75.10 	years on a website hosted jointly by the boards their respective websites.
75.11 	(b) Publicly reported summary data on teacher preparation programs providers must 
75.12 	include:
75.13 	(1) student entrance requirements for each Professional Educator Licensing and Standards 
75.14 	Board-approved program, including grade point average for enrolling students in the 
75.15 	preceding year;
75.16 	(2) the average board-adopted skills examination or ACT or SAT scores of students 
75.17 	entering the program in the preceding year;
75.18 	(3) (1) summary data on faculty teacher educator qualifications, including at least the 
75.19 	content areas of faculty undergraduate and graduate degrees and their years of experience 
75.20 	either as kindergarten birth through grade 12 classroom teachers or school administrators;
75.21 	(4) the average time resident and nonresident program graduates in the preceding year 
75.22 	needed to complete the program;
75.23 	(2) the current number and percentage of enrolled candidates who entered the program 
75.24 	through a transfer pathway disaggregated by race, except when disaggregation would not 
75.25 	yield statistically reliable results or would reveal personally identifiable information about 
75.26 	an individual;
75.27 	(5) (3) the current number and percentage of students program completers by program 
75.28 	who graduated, received a standard Minnesota teaching license, and Tier 3 or Tier 4 license 
75.29 	disaggregated by race, except when disaggregation would not yield statistically reliable 
75.30 	results or would reveal personally identifiable information about an individual;
75.31 	(4) the current number and percentage of program completers who entered the program 
75.32 	through a transfer pathway and received a Tier 3 or Tier 4 license disaggregated by race, 
76.1 	except when disaggregation would not yield statistically reliable results or would reveal 
76.2 	personally identifiable information about an individual;
76.3 	(5) the current number and percentage of program completers who were hired to teach 
76.4 	full time in their licensure field in a Minnesota district or school in the preceding year 
76.5 	disaggregated by race, except when disaggregation would not yield statistically reliable 
76.6 	results or would reveal personally identifiable information about an individual;
76.7 	(6) the number of content area credits and other credits by undergraduate program that 
76.8 	students in the preceding school year needed to complete to graduate the current number 
76.9 	and percentage of program completers who entered the program through a transfer pathway 
76.10 	and who were hired to teach full time in their licensure field in a Minnesota district or school 
76.11 	in the preceding year disaggregated by race, except when disaggregation would not yield 
76.12 	statistically reliable results or would reveal personally identifiable information about an 
76.13 	individual;
76.14 	(7) students' pass rates on skills pedagogy and subject matter exams required for 
76.15 	graduation in each program and licensure area for program completers in the preceding 
76.16 	school year;
76.17 	(8) board-adopted survey results measuring student and graduate satisfaction with the 
76.18 	program initial licensure program quality and structure in the preceding school year 
76.19 	disaggregated by race, except when disaggregation would not yield statistically reliable 
76.20 	results or would reveal personally identifiable information about an individual;
76.21 	(9) a standard measure of the satisfaction of board-adopted survey results from school 
76.22 	principals or supervising teachers with the student teachers assigned to a school or supervising 
76.23 	teacher supervisors on initial licensure program quality and structure; and
76.24 	(10) information under subdivision 3, paragraphs (a) and (b) the number and percentage 
76.25 	of program completers who met or exceeded the state threshold score on the board-adopted 
76.26 	teacher performance assessment. Program reporting must be consistent with subdivision 2.
76.27 	(c) Publicly reported summary data on administrator preparation programs approved by 
76.28 	the Board of School Administrators must include:
76.29 	(1) summary data on faculty qualifications, including at least the content areas of faculty 
76.30 	undergraduate and graduate degrees and the years of experience either as kindergarten 
76.31 	through grade 12 classroom teachers or school administrators;
76.32 	(2) the average time program graduates in the preceding year needed to complete the 
76.33 	program;
77.1 	(3) the current number and percentage of students who graduated, received a standard 
77.2 	Minnesota administrator license, and were employed as an administrator in a Minnesota 
77.3 	school district or school in the preceding year disaggregated by race, except when 
77.4 	disaggregation would not yield statistically reliable results or would reveal personally 
77.5 	identifiable information about an individual;
77.6 	(4) the number of credits by graduate program that students in the preceding school year 
77.7 	needed to complete to graduate;
77.8 	(5) survey results measuring student, graduate, and employer satisfaction with the 
77.9 	program in the preceding school year disaggregated by race, except when disaggregation 
77.10 	would not yield statistically reliable results or would reveal personally identifiable 
77.11 	information about an individual; and
77.12 	(6) information under subdivision 3, paragraphs (c) and (d). Program reporting must be 
77.13 	consistent with section 122A.14, subdivision 10.

77.14 	Sec. 18. Minnesota Statutes 2022, section 122A.091, subdivision 2, is amended to read:
77.15 		Subd. 2.Teacher preparation program reporting. (a) By December 31, 2018, and 
77.16 	annually thereafter, the Professional Educator Licensing and Standards Board shall report 
77.17 	and publish on its website the cumulative summary results of at least three consecutive 
77.18 	years of data reported to the board under subdivision 1, paragraph (b). Where the data are 
77.19 	sufficient to yield statistically reliable information and the results would not reveal personally 
77.20 	identifiable information about an individual teacher, the board shall report the data by teacher 
77.21 	preparation program.
77.22 	(b) The Professional Educator Licensing and Standards Board must report annually to 
77.23 	the chairs and ranking minority members of the legislative committees with jurisdiction 
77.24 	over kindergarten through grade 12 education, the following information:
77.25 	(1) the total number of teacher candidates during the most recent school year taking a 
77.26 	board-adopted skills examination;
77.27 	(2) the number who achieve a qualifying score on the examination;
77.28 	(3) the number who do not achieve a qualifying score on the examination; and
77.29 	(4) the number of candidates who have not passed a content or pedagogy exam.
77.30 	The information reported under this paragraph must be disaggregated by categories of race, 
77.31 	ethnicity, and, if applicable, eligibility for financial aid. The report must be submitted in 
77.32 	accordance with section 3.195.

78.1 	Sec. 19. Minnesota Statutes 2022, section 122A.15, subdivision 1, is amended to read:
78.2 		Subdivision 1.Teachers. The term "teachers" for the purpose of licensure, means all 
78.3 	persons employed in a public school or education district or by a service cooperative as 
78.4 	members of the instructional, supervisory, and support staff including superintendents, 
78.5 	principals, supervisors, secondary vocational and other classroom teachers, librarians, school 
78.6 	counselors, school psychologists, school nurses, school social workers, audio-visual directors 
78.7 	and coordinators, recreation personnel, media generalists, media supervisors, and speech 
78.8 	therapists school speech-language pathologists. This definition does not apply to sections 
78.9 	122A.05 to 122A.093.

78.10 	Sec. 20. Minnesota Statutes 2022, section 122A.18, subdivision 1, is amended to read:
78.11 		Subdivision 1.Authority to license. (a) The Professional Educator Licensing and 
78.12 	Standards Board must issue the following teacher licenses to candidates applicants who 
78.13 	meet the qualifications prescribed by this chapter:
78.14 	(1) Tier 1 license under section 122A.181;
78.15 	(2) Tier 2 license under section 122A.182;
78.16 	(3) Tier 3 license under section 122A.183; and
78.17 	(4) Tier 4 license under section 122A.184.
78.18 	(b) The Board of School Administrators must license supervisory personnel as defined 
78.19 	in section 122A.15, subdivision 2, except for athletic coaches.
78.20 	(c) The Professional Educator Licensing and Standards Board and the Department of 
78.21 	Education must enter into a data sharing agreement to share:
78.22 	(1) educational data at the E-12 level for the limited purpose of program approval and 
78.23 	improvement for teacher education programs. The program approval process must include 
78.24 	targeted redesign of teacher preparation programs to address identified E-12 student areas 
78.25 	of concern; and
78.26 	(2) data in the staff automated reporting system for the limited purpose of managing and 
78.27 	processing funding to school districts and other entities.
78.28 	(d) The Board of School Administrators and the Department of Education must enter 
78.29 	into a data sharing agreement to share educational data at the E-12 level for the limited 
78.30 	purpose of program approval and improvement for education administration programs. The 
78.31 	program approval process must include targeted redesign of education administration 
78.32 	preparation programs to address identified E-12 student areas of concern.
79.1 	(e) For purposes of the data sharing agreements under paragraphs (c) and (d), the 
79.2 	Professional Educator Licensing and Standards Board, Board of School Administrators, 
79.3 	and Department of Education may share private data, as defined in section 13.02, subdivision 
79.4 	12, on teachers and school administrators. The data sharing agreements must not include 
79.5 	educational data, as defined in section 13.32, subdivision 1, but may include summary data, 
79.6 	as defined in section 13.02, subdivision 19, derived from educational data.

79.7 	Sec. 21. Minnesota Statutes 2022, section 122A.18, subdivision 2, is amended to read:
79.8 		Subd. 2. Support personnel qualifications.  The Professional Educator Licensing and 
79.9 	Standards Board must issue licenses and credentials under its jurisdiction to persons the 
79.10 	board finds to be qualified and competent for support personnel positions in accordance 
79.11 	with section 120B.36 120B.363.

79.12 	Sec. 22. Minnesota Statutes 2022, section 122A.18, subdivision 10, is amended to read:
79.13 		Subd. 10.Licensure via portfolio. (a) The Professional Educator Licensing and Standards 
79.14 	Board must adopt rules establishing a process for an eligible candidate applicant to obtain 
79.15 	any teacher an initial Tier 3 license under subdivision 1, or to add a licensure field, to a Tier 
79.16 	3 or Tier 4 license via portfolio. The portfolio licensure application process must be consistent 
79.17 	with the requirements in this subdivision.
79.18 	(b) A candidate An applicant for a an initial Tier 3 license via portfolio must submit to 
79.19 	the board one portfolio demonstrating pedagogical competence and one portfolio 
79.20 	demonstrating content competence.
79.21 	(c) A candidate An applicant seeking to add a licensure field via portfolio must submit 
79.22 	to the board one portfolio demonstrating content competence for each licensure field the 
79.23 	candidate seeks to add.
79.24 	(d) The board must notify a candidate an applicant who submits a portfolio under 
79.25 	paragraph (b) or (c) within 90 calendar days after the portfolio is received whether or not 
79.26 	the portfolio is approved. If the portfolio is not approved, the board must immediately inform 
79.27 	the candidate applicant how to revise the portfolio to successfully demonstrate the requisite 
79.28 	competence. The candidate applicant may resubmit a revised portfolio at any time and the 
79.29 	board must approve or disapprove the revised portfolio within 60 calendar days of receiving 
79.30 	it.
79.31 	(e) A candidate An applicant must pay a fee for a portfolio in accordance with section 
79.32 	122A.21, subdivision 4.

80.1 	Sec. 23. Minnesota Statutes 2022, section 122A.18, is amended by adding a subdivision 
80.2 	to read:
80.3 		Subd. 11.Staff Automated Reporting. The Professional Educator Licensing and 
80.4 	Standards Board shall collect data on educators' employment and assignments from all 
80.5 	school districts and charter schools. The report may include data on educators' demographics 
80.6 	and licensure.

80.7 	Sec. 24. Minnesota Statutes 2022, section 122A.181, subdivision 1, is amended to read:
80.8 		Subdivision 1.Application requirements. The Professional Educator Licensing and 
80.9 	Standards Board must approve a request from a district or charter school to issue a Tier 1 
80.10 	license in a specified content area to a candidate an application for a Tier 1 license in a 
80.11 	specified content area if:
80.12 	(1) the application has been submitted jointly by the applicant and the district;
80.13 	(2) the application has been paid for by the district or the applicant;
80.14 	(1) (3) the candidate applicant meets the professional requirement in subdivision 2;
80.15 	(2) (4) the district or charter school affirms that the candidate applicant has the necessary 
80.16 	skills and knowledge to teach in the specified content area; and
80.17 	(3) (5) the district or charter school demonstrates that: (i) a criminal background check 
80.18 	under section 122A.18, subdivision 8, has been completed on the candidate applicant; and
80.19 	(ii) (6) the district or charter school has posted the teacher position but was unable to 
80.20 	hire an acceptable teacher with a Tier 2, 3, or 4 license for the position.

80.21 	Sec. 25. Minnesota Statutes 2022, section 122A.181, subdivision 2, is amended to read:
80.22 		Subd. 2.Professional requirements. (a) A candidate An applicant for a Tier 1 license 
80.23 	must have a bachelor's degree to teach a class or course outside a career and technical 
80.24 	education or career pathways course of study.
80.25 	(b) A candidate An applicant for a Tier 1 license must have one of the following 
80.26 	credentials in a relevant content area to teach a class in a career and technical education or 
80.27 	career pathways course of study:
80.28 	(1) an associate's degree;
80.29 	(2) a professional certification; or
80.30 	(3) five years of relevant work experience.

81.1 	Sec. 26. Minnesota Statutes 2022, section 122A.181, is amended by adding a subdivision 
81.2 	to read:
81.3 		Subd. 2a.Exemptions from a bachelor's degree. (a) The following applicants for a 
81.4 	Tier 1 license are exempt from the requirement to hold a bachelor's degree in subdivision 
81.5 	2:
81.6 	(1) an applicant for a Tier 1 license to teach career and technical education or career 
81.7 	pathways courses of study if the applicant has:
81.8 	(i) an associate's degree;
81.9 	(ii) a professional certification; or
81.10 	(iii) five years of relevant work experience;
81.11 	(2) an applicant for a Tier 1 license to teach world languages and culture pursuant to 
81.12 	Minnesota Rules, part 8710.4950, if the applicant is a native speaker of the language; and
81.13 	(3) an applicant for a Tier 1 license in the performing or visual arts pursuant to Minnesota 
81.14 	Rules, parts 8710.4300, dance and theatre; 8710.4310, dance; 8710.4320, theatre; 8710.4650, 
81.15 	vocal music and instrumental music; and 8710.4900, visual arts, if the applicant has at least 
81.16 	five years of relevant work experience.
81.17 	(b) The Professional Educator Licensing and Standards Board must adopt rules regarding 
81.18 	the qualifications and determinations for applicants exempt from paragraph (a).

81.19 	Sec. 27. Minnesota Statutes 2022, section 122A.181, subdivision 3, is amended to read:
81.20 		Subd. 3.Term of license and renewal. (a) The Professional Educator Licensing and 
81.21 	Standards Board must issue an initial Tier 1 license for a term of one year. A Tier 1 license 
81.22 	may be renewed subject to paragraphs (b) and (c). The board may submit written comments 
81.23 	to the district or charter school that requested the renewal regarding the candidate.
81.24 	(b) The Professional Educator Licensing and Standards Board must renew a Tier 1 
81.25 	license if:
81.26 	(1) the district or charter school requesting the renewal demonstrates that it has posted 
81.27 	the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license 
81.28 	for the position;
81.29 	(2) the teacher holding the Tier 1 license took a content examination in accordance with 
81.30 	section 122A.185 and submitted the examination results to the teacher's employing district 
82.1 	or charter school within one year of the board approving the request for the initial Tier 1 
82.2 	license;
82.3 	(3) the teacher holding the Tier 1 license participated in cultural competency training 
82.4 	consistent with section 120B.30, subdivision 1, paragraph (q), within one year of the board 
82.5 	approving the request for the initial Tier 1 license; and
82.6 	(4) the teacher holding the Tier 1 license met the mental illness training renewal 
82.7 	requirement under section 122A.187, subdivision 6.
82.8 	The requirement in clause (2) does not apply to a teacher that teaches a class in a career and 
82.9 	technical education or career pathways course of study.
82.10 	(c) A Tier 1 license must not be renewed more than three times, unless the requesting 
82.11 	district or charter school can show good cause for additional renewals. A Tier 1 license 
82.12 	issued to teach (1) a class or course in a career and technical education or career pathway 
82.13 	course of study or (2) in a shortage area, as defined in section 122A.06, subdivision 6, may 
82.14 	be renewed without limitation.

82.15 	Sec. 28. Minnesota Statutes 2022, section 122A.181, subdivision 4, is amended to read:
82.16 		Subd. 4.Application. The Professional Educator Licensing and Standards Board must 
82.17 	accept and review applications for a Tier 1 teaching license beginning July 1 of the school 
82.18 	year for which the license is requested and must issue or deny the Tier 1 teaching license 
82.19 	within 30 days of receiving the completed application; at the board's discretion, the board 
82.20 	may begin to accept and review applications before July 1.

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

82.22 	Sec. 29. Minnesota Statutes 2022, section 122A.181, subdivision 5, is amended to read:
82.23 		Subd. 5.Limitations on license. (a) A Tier 1 license is limited to the content matter 
82.24 	indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and 
82.25 	limited to the district or charter school that requested the initial Tier 1 license.
82.26 	(b) A Tier 1 license does not bring an individual within the definition of a teacher for 
82.27 	purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).
82.28 	(c) A Tier 1 license does not bring an individual within the definition of a teacher under 
82.29 	section 179A.03, subdivision 18.

83.1 	Sec. 30. Minnesota Statutes 2022, section 122A.182, subdivision 1, is amended to read:
83.2 		Subdivision 1.Requirements. (a) The Professional Educator Licensing and Standards 
83.3 	Board must approve a request from a district or charter school to issue an application for a 
83.4 	Tier 2 license in a specified content area to a candidate if:
83.5 	(1) the candidate meets the educational or professional requirements in paragraph (b) 
83.6 	or (c);
83.7 	(2) the candidate:
83.8 	(i) has completed the coursework required under subdivision 2;
83.9 	(ii) is enrolled in a Minnesota-approved teacher preparation program; or
83.10 	(iii) has a master's degree in the specified content area; and
83.11 	(3) the district or charter school demonstrates that a criminal background check under 
83.12 	section 122A.18, subdivision 8, has been completed on the candidate.
83.13 	(b) A candidate for a Tier 2 license must have a bachelor's degree to teach a class outside 
83.14 	a career and technical education or career pathways course of study.
83.15 	(c) A candidate for a Tier 2 license must have one of the following credentials in a 
83.16 	relevant content area to teach a class or course in a career and technical education or career 
83.17 	pathways course of study:
83.18 	(1) an associate's degree;
83.19 	(2) a professional certification; or
83.20 	(3) five years of relevant work experience.
83.21 	(1) the application has been submitted jointly by the applicant and the district;
83.22 	(2) the application has been paid for by the district or the applicant;
83.23 	(3) the applicant holds a bachelor's degree, unless specifically exempt by statute or rule;
83.24 	(4) the district demonstrates that a criminal background check under section 122A.18, 
83.25 	subdivision 8, has been completed for the applicant; and
83.26 	(5) the applicant:
83.27 	(i) has completed the coursework required under subdivision 2;
83.28 	(ii) is enrolled in a Minnesota-approved teacher preparation program; or
83.29 	(iii) has a master's degree in the specified content area.

84.1 	Sec. 31. Minnesota Statutes 2022, section 122A.182, subdivision 2, is amended to read:
84.2 		Subd. 2.Coursework. (a) A candidate An applicant for a Tier 2 license must meet the 
84.3 	coursework requirement by demonstrating completion of two of the following:
84.4 	(1) at least eight upper division or graduate-level credits in the relevant content area;
84.5 	(2) field-specific methods of training, including coursework;
84.6 	(3) at least two years of teaching experience in a similar content area in any state, as 
84.7 	determined by the board;
84.8 	(4) a passing score on the pedagogy and content exams under section 122A.185; or
84.9 	(5) completion of a state-approved teacher preparation program.
84.10 	(b) For purposes of paragraph (a), "upper division" means classes normally taken at the 
84.11 	junior or senior level of college which require substantial knowledge and skill in the field. 
84.12 	Candidates An applicant must identify the upper division credits that fulfill the requirement 
84.13 	in paragraph (a), clause (1).

84.14 	Sec. 32. Minnesota Statutes 2022, section 122A.182, is amended by adding a subdivision 
84.15 	to read:
84.16 		Subd. 2a.Exemptions from a bachelor's degree. (a) The following applicants for a 
84.17 	Tier 2 license are exempt from the requirement to hold a bachelor's degree in subdivision 
84.18 	1:
84.19 	(1) an applicant for a Tier 2 license to teach career and technical education or career 
84.20 	pathways courses of study when the applicant has:
84.21 	(i) an associate's degree;
84.22 	(ii) a professional certification; or
84.23 	(iii) five years of relevant work experience;
84.24 	(2) an applicant for a Tier 2 license to teach world languages and culture pursuant to  
84.25 	Minnesota Rules, part 8710.4950, when the applicant is a native speaker of the language; 
84.26 	and
84.27 	(3) an applicant for a Tier 2 license in the performing or visual arts pursuant to Minnesota 
84.28 	Rules, parts 8710.4300, dance and theatre; 8710.4310, dance; 8710.4320, theatre; 8710.4650, 
84.29 	vocal music and instrumental music; and 8710.4900, visual arts, when the applicant has at 
84.30 	least five years of relevant work experience.
85.1 	(b) The Professional Educator Licensing and Standards Board must adopt rules regarding 
85.2 	the qualifications and determinations for applicants exempt from the requirement to hold a 
85.3 	bachelor's degree in subdivision 1.

85.4 	Sec. 33. Minnesota Statutes 2022, section 122A.182, subdivision 4, is amended to read:
85.5 		Subd. 4.Application. The Professional Educator Licensing and Standards Board must 
85.6 	accept applications for a Tier 2 teaching license beginning July 1 of the school year for 
85.7 	which the license is requested and must issue or deny the Tier 2 teaching license within 30 
85.8 	days of receiving the completed application. At the board's discretion, the board may begin 
85.9 	to accept and review applications before July 1.

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

85.11 	Sec. 34. Minnesota Statutes 2022, section 122A.183, subdivision 1, is amended to read:
85.12 		Subdivision 1.Requirements. (a) The Professional Educator Licensing and Standards 
85.13 	Board must issue a Tier 3 license to a candidate an applicant who provides information 
85.14 	sufficient to demonstrate all of the following:
85.15 	(1) the candidate meets the educational or professional requirements in paragraphs (b) 
85.16 	and (c);
85.17 	(2) (1) the candidate applicant has obtained a passing score on the required licensure 
85.18 	exams under section 122A.185; and
85.19 	(2) the applicant holds a bachelor's degree, unless specifically exempt by statute or rule; 
85.20 	and
85.21 	(3) the candidate applicant has completed the coursework required under subdivision 2.
85.22 	(b) A candidate for a Tier 3 license must have a bachelor's degree to teach a class or 
85.23 	course outside a career and technical education or career pathways course of study.
85.24 	(c) A candidate for a Tier 3 license must have one of the following credentials in a 
85.25 	relevant content area to teach a class or course in a career and technical education or career 
85.26 	pathways course of study:
85.27 	(1) an associate's degree;
85.28 	(2) a professional certification; or
85.29 	(3) five years of relevant work experience.
86.1 	In consultation with the governor's Workforce Development Board established under section 
86.2 	116L.665, the board must establish a list of qualifying certifications, and may add additional 
86.3 	professional certifications in consultation with school administrators, teachers, and other 
86.4 	stakeholders.
86.5 	(b) The board must issue a Tier 3 license to an applicant who has completed student 
86.6 	teaching comparable to the student teaching expectations in Minnesota, and has completed 
86.7 	either: a teacher preparation program from a culturally specific Minority Serving Institution 
86.8 	in the United States, such as Historically Black Colleges and Universities, Tribal Colleges 
86.9 	and Universities, or Hispanic-Serving Institutions, including those in Puerto Rico; or a 
86.10 	university teacher preparation program in another country, and has taught at least two years. 
86.11 	An applicant who qualifies for a Tier 3 license under this paragraph is not required to obtain 
86.12 	a passing score on licensure exams under section 122A.185.

86.13 	Sec. 35. Minnesota Statutes 2022, section 122A.183, is amended by adding a subdivision 
86.14 	to read:
86.15 		Subd. 2a.Exemptions from a bachelor's degree. (a) The following applicants for a 
86.16 	Tier 3 license are exempt from the requirement to hold a bachelor's degree in subdivision 
86.17 	1:
86.18 	(1) an applicant for a Tier 3 license to teach career and technical education or career 
86.19 	pathways courses of study when the applicant has:
86.20 	(i) an associate's degree;
86.21 	(ii) a professional certification; or
86.22 	(iii) five years of relevant work experience;
86.23 	(2) an applicant for a Tier 3 license to teach world languages and culture pursuant to  
86.24 	Minnesota Rules, part 8710.4950, when the applicant is a native speaker of the language; 
86.25 	and
86.26 	(3) an applicant for a Tier 3 license in the performing or visual arts pursuant to Minnesota 
86.27 	Rules, parts 8710.4300, dance and theatre; 8710.4310, dance; 8710.4320, theatre; 8710.4650, 
86.28 	vocal music and instrumental music; and 8710.4900, visual arts, when the applicant has at 
86.29 	least five years of relevant work experience.
86.30 	(b) The Professional Educator Licensing and Standards Board must adopt rules regarding 
86.31 	the qualifications and determinations for applicants exempt from the requirement to hold a 
86.32 	bachelor's degree in subdivision 1.

87.1 	Sec. 36. Minnesota Statutes 2022, section 122A.184, subdivision 1, is amended to read:
87.2 		Subdivision 1.Requirements. The Professional Educator Licensing and Standards 
87.3 	Board must issue a Tier 4 license to a candidate an applicant who provides information 
87.4 	sufficient to demonstrate all of the following:
87.5 	(1) the candidate applicant meets all requirements for a Tier 3 license under section 
87.6 	122A.183, and has completed a teacher preparation program under section 122A.183, 
87.7 	subdivision 2, clause (1) or (2);
87.8 	(2) the candidate applicant has at least three years of field-specific teaching experience 
87.9 	in Minnesota as a teacher of record;
87.10 	(3) the candidate applicant has obtained a passing score on all required licensure exams 
87.11 	under section 122A.185; and
87.12 	(4) the candidate's most recent summative teacher evaluation did not result in placing 
87.13 	or otherwise keeping the teacher in an improvement process pursuant to section 122A.40, 
87.14 	subdivision 8, or 122A.41, subdivision 5.
87.15 	(4) if the applicant previously held a Tier 3 license under section 122A.183, the applicant 
87.16 	has completed the renewal requirements in section 122A.187.

87.17 	Sec. 37. Minnesota Statutes 2022, section 122A.185, subdivision 1, is amended to read:
87.18 		Subdivision 1.Tests. (a) The Professional Educator Licensing and Standards Board 
87.19 	must adopt rules requiring a candidate to demonstrate a passing score on a board-adopted 
87.20 	examination of skills in reading, writing, and mathematics before being granted a Tier 4 
87.21 	teaching license under section 122A.184 to provide direct instruction to pupils in elementary, 
87.22 	secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or Tier 
87.23 	3 license to provide direct instruction to pupils in elementary, secondary, or special education 
87.24 	programs if candidates meet the other requirements in section 122A.181, 122A.182, or 
87.25 	122A.183, respectively.
87.26 	(b) (a) The board must adopt rules requiring candidates applicants for Tier 3 and Tier 4 
87.27 	licenses to pass an examination or performance assessment of general pedagogical knowledge 
87.28 	and examinations of licensure field specific content. An applicant is exempt from the 
87.29 	examination requirements if the applicant completed:
87.30 	(1) a board-approved teacher preparation program;
87.31 	(2) licensure via portfolio pursuant to section 122A.18, subdivision 10, and the portfolio 
87.32 	has been approved; or
88.1 	(3) a state-approved teacher preparation program in another state and passed licensure 
88.2 	examinations in that state, if applicable. The content examination requirement does not 
88.3 	apply if no relevant content exam exists.
88.4 	(c) Candidates for initial Tier 3 and Tier 4 licenses to teach elementary students must 
88.5 	pass test items assessing the candidates' knowledge, skill, and ability in comprehensive, 
88.6 	scientifically based reading instruction under section 122A.06, subdivision 4, knowledge 
88.7 	and understanding of the foundations of reading development, development of reading 
88.8 	comprehension and reading assessment and instruction, and the ability to integrate that 
88.9 	knowledge and understanding into instruction strategies under section 122A.06, subdivision 
88.10 	4.
88.11 	(d) The requirement to pass a board-adopted reading, writing, and mathematics skills 
88.12 	examination does not apply to nonnative English speakers, as verified by qualified Minnesota 
88.13 	school district personnel or Minnesota higher education faculty, who, after meeting the 
88.14 	content and pedagogy requirements under this subdivision, apply for a teaching license to 
88.15 	provide direct instruction in their native language or world language instruction under section 
88.16 	120B.022, subdivision 1.
88.17 	(b) All testing centers in the state must provide monthly opportunities for untimed content 
88.18 	and pedagogy examinations. These opportunities must be advertised on the test registration 
88.19 	website. The board must require the exam vendor to provide other equitable opportunities 
88.20 	to pass exams, including: (1) waiving testing fees for test takers who qualify for federal 
88.21 	grants; (2) providing free, multiple, full-length practice tests for each exam and free, 
88.22 	comprehensive study guides on the test registration website; (3) making content and pedagogy 
88.23 	exams available in languages other than English for teachers seeking licensure to teach in 
88.24 	language immersion programs; and (4) providing free, detailed exam results analysis by 
88.25 	test objective to assist applicants who do not pass an exam in identifying areas for 
88.26 	improvement. Any applicant who has not passed a required exam after two attempts must 
88.27 	be allowed to retake the exam, including new versions of the exam, without being charged 
88.28 	an additional fee.

88.29 	Sec. 38. Minnesota Statutes 2022, section 122A.185, subdivision 4, is amended to read:
88.30 		Subd. 4.Remedial assistance. (a) A board-approved teacher preparation program must 
88.31 	make available upon request remedial assistance that includes a formal diagnostic component 
88.32 	to persons enrolled in their institution who did not achieve a qualifying score on a 
88.33 	board-adopted skills examination, including those for whom English is a second language. 
89.1 	The teacher preparation programs must make available assistance in the specific academic 
89.2 	areas of candidates' deficiency.
89.3 	(b) School districts may make available upon request similar, appropriate, and timely 
89.4 	remedial assistance that includes a formal diagnostic component to those persons employed 
89.5 	by the district who completed their teacher education program, who did not achieve a 
89.6 	qualifying score on a board-adopted skills examination, and who received a Tier 1, Tier 2, 
89.7 	or Tier 3 license under section 122A.181, 122A.182, or 122A.183, respectively, to teach in 
89.8 	Minnesota.

89.9 	Sec. 39. Minnesota Statutes 2022, section 122A.187, subdivision 1, is amended to read:
89.10 		Subdivision 1.License form requirements. Each license issued under this chapter must 
89.11 	bear the date of issue and the name of the state-approved teacher training provider or 
89.12 	alternative teaching program, as applicable. Licenses must expire and be renewed according 
89.13 	to rules adopted by the Professional Educator Licensing and Standards Board or the Board 
89.14 	of School Administrators. The rules adopted by the Professional Educator Licensing and 
89.15 	Standards Board for renewing a Tier 3 or Tier 4 license under sections 122A.183 and 
89.16 	122A.184, respectively, must include showing satisfactory evidence of successful teaching 
89.17 	or administrative experience for at least one school year during the period covered by the 
89.18 	license in grades or subjects for which the license is valid or completing such additional 
89.19 	preparation as required under this section, or as the Professional Educator Licensing and 
89.20 	Standards Board prescribes. The Board of School Administrators shall establish requirements 
89.21 	for renewing the licenses of supervisory personnel except athletic coaches. The Professional 
89.22 	Educator Licensing and Standards Board shall establish requirements for renewing the 
89.23 	licenses of athletic coaches.

89.24 	Sec. 40. Minnesota Statutes 2022, section 122A.19, subdivision 4, is amended to read:
89.25 		Subd. 4.Teacher preparation programs. (a) For the purpose of licensing bilingual 
89.26 	and English as a second language teachers, the board may approve teacher preparation 
89.27 	programs at colleges or universities designed for their training.
89.28 	(b) Programs that prepare English as a second language teachers must provide instruction 
89.29 	in implementing research-based practices designed specifically for English learners. The 
89.30 	programs must focus on developing English learners' academic language proficiency in 
89.31 	English, including oral academic language, giving English learners meaningful access to 
89.32 	the full school curriculum, developing culturally relevant teaching practices appropriate for 
89.33 	immigrant students, and providing more intensive instruction and resources to English 
90.1 	learners with lower levels of academic English proficiency and varied needs, consistent 
90.2 	with section 124D.59, subdivisions 2 and 2a.

90.3 	Sec. 41. Minnesota Statutes 2022, section 122A.26, subdivision 2, is amended to read:
90.4 		Subd. 2.Exceptions. (a) A person who teaches in a community education program 
90.5 	which that qualifies for aid pursuant to section 124D.52 shall continue to meet licensure 
90.6 	requirements as a teacher. A person who teaches in an early childhood and family education 
90.7 	program which that is offered through a community education program and whichthat
90.8 	qualifies for community education aid pursuant to section 124D.20 or early childhood and 
90.9 	family education aid pursuant to section 124D.135 shall continue to meet licensure 
90.10 	requirements as a teacher. A person who teaches in a community education course which
90.11 	that is offered for credit for graduation to persons under 18 years of age shall continue to 
90.12 	meet licensure requirements as a teacher.
90.13 	(b) A person who teaches a driver training course which that is offered through a 
90.14 	community education program to persons under 18 years of age shall be licensed by the 
90.15 	Professional Educator Licensing and Standards Board or be subject to section 171.35. A 
90.16 	license which that is required for an instructor in a community education program pursuant 
90.17 	to this subdivision paragraph shall not be construed to bring an individual within the 
90.18 	definition of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41, 
90.19 	subdivision 1, clause paragraph (a).

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

90.21 	Sec. 42. Minnesota Statutes 2022, section 122A.40, subdivision 5, is amended to read:
90.22 		Subd. 5.Probationary period. (a) The first three consecutive years of a teacher's first 
90.23 	teaching experience in Minnesota in a single district is are deemed to be a probationary 
90.24 	period of employment, and, the probationary period in each district in which the teacher is 
90.25 	thereafter employed shall be one year. The school board must adopt a plan for written 
90.26 	evaluation of teachers during the probationary period that is consistent with subdivision 8. 
90.27 	Evaluation must occur at least three times periodically throughout each school year for a 
90.28 	teacher performing services during that school year; the first evaluation must occur within 
90.29 	the first 90 days of teaching service. Days devoted to parent-teacher conferences, teachers' 
90.30 	workshops, and other staff development opportunities and days on which a teacher is absent 
90.31 	from school must not be included in determining the number of school days on which a 
90.32 	teacher performs services. Except as otherwise provided in paragraph (b), during the 
90.33 	probationary period any annual contract with any teacher may or may not be renewed as 
91.1 	the school board shall see fit. However, the board must give any such teacher whose contract 
91.2 	it declines to renew for the following school year written notice to that effect before July 
91.3 	1. If the teacher requests reasons for any nonrenewal of a teaching contract, the board must 
91.4 	give the teacher its reason in writing, including a statement that appropriate supervision 
91.5 	was furnished describing the nature and the extent of such supervision furnished the teacher 
91.6 	during the employment by the board, within ten days after receiving such request. The 
91.7 	school board may, after a hearing held upon due notice, discharge a teacher during the 
91.8 	probationary period for cause, effective immediately, under section 122A.44.
91.9 	(b) A board must discharge a probationary teacher, effective immediately, upon receipt 
91.10 	of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has 
91.11 	been revoked due to a conviction for child abuse or sexual abuse.
91.12 	(c) A probationary teacher whose first three years of consecutive employment are 
91.13 	interrupted for active military service and who promptly resumes teaching consistent with 
91.14 	federal reemployment timelines for uniformed service personnel under United States Code, 
91.15 	title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes 
91.16 	of paragraph (a).
91.17 	(d) A probationary teacher whose first three years of consecutive employment are 
91.18 	interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 
91.19 	months of when the leave began is considered to have a consecutive teaching experience 
91.20 	for purposes of paragraph (a) if the probationary teacher completes a combined total of 
91.21 	three years of teaching service immediately before and after the leave.
91.22 	(e) A probationary teacher must complete at least 120 90 days of teaching service each 
91.23 	year during the probationary period. Days devoted to parent-teacher conferences, teachers' 
91.24 	workshops, and other staff development opportunities and days on which a teacher is absent 
91.25 	from school do not count as days of teaching service under this paragraph.
91.26 	(f) Notwithstanding any law to the contrary, a teacher who has taught for three 
91.27 	consecutive years in a single school district or charter school in Minnesota or another state 
91.28 	must serve a probationary period of no longer than one year in a Minnesota school district.

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

91.31 	Sec. 43. Minnesota Statutes 2022, section 122A.40, subdivision 8, is amended to read:
91.32 		Subd. 8.Development, evaluation, and peer coaching for continuing contract 
91.33 	teachers. (a) To improve student learning and success, a school board and an exclusive 
92.1 	representative of the teachers in the district, consistent with paragraph (b), may develop a 
92.2 	teacher evaluation and peer review process for probationary and continuing contract teachers 
92.3 	through joint agreement. If a school board and the exclusive representative of the teachers 
92.4 	do not agree to an annual teacher evaluation and peer review process, then the school board 
92.5 	and the exclusive representative of the teachers must implement the state teacher evaluation 
92.6 	plan under paragraph (c). The process must include having trained observers serve as peer 
92.7 	coaches or having teachers participate in professional learning communities, consistent with 
92.8 	paragraph (b).
92.9 	(b) To develop, improve, and support qualified teachers and effective teaching practices, 
92.10 	improve student learning and success, and provide all enrolled students in a district or school 
92.11 	with improved and equitable access to more effective and diverse teachers, the annual 
92.12 	evaluation process for teachers:
92.13 	(1) must, for probationary teachers, provide for all evaluations required under subdivision 
92.14 	5;
92.15 	(2) must establish a three-year professional review cycle for each teacher that includes 
92.16 	an individual growth and development plan, a peer review process, and at least one 
92.17 	summative evaluation performed by a qualified and trained evaluator such as a school 
92.18 	administrator. For the years when a tenured teacher is not evaluated by a qualified and 
92.19 	trained evaluator, the teacher must be evaluated by a peer review;
92.20 	(3) must be based on professional teaching standards established in rule include a rubric 
92.21 	of performance standards for teacher practice that: (i) is based on professional teaching 
92.22 	standards established in rule; (ii) includes culturally responsive methodologies; and (iii) 
92.23 	provides common descriptions of effectiveness using at least three levels of performance;
92.24 	(4) must coordinate staff development activities under sections 122A.60 and 122A.61 
92.25 	with this evaluation process and teachers' evaluation outcomes;
92.26 	(5) may provide time during the school day and school year for peer coaching and teacher 
92.27 	collaboration;
92.28 	(6) may include job-embedded learning opportunities such as professional learning 
92.29 	communities;
92.30 	(7) may include mentoring and induction programs for teachers, including teachers who 
92.31 	are members of populations underrepresented among the licensed teachers in the district or 
92.32 	school and who reflect the diversity of students under section 120B.35, subdivision 3, 
92.33 	paragraph (b), clause (2), who are enrolled in the district or school;
93.1 	(8) must include an option for teachers to develop and present a portfolio demonstrating 
93.2 	evidence of reflection and professional growth, consistent with section 122A.187, subdivision 
93.3 	3, and include teachers' own performance assessment based on student work samples and 
93.4 	examples of teachers' work, which may include video among other activities for the 
93.5 	summative evaluation;
93.6 	(9) must use data from valid and reliable assessments aligned to state and local academic 
93.7 	standards and must use state and local measures of student growth and literacy that may 
93.8 	include value-added models or student learning goals to determine 35 percent of teacher 
93.9 	evaluation results;
93.10 	(10) must use longitudinal data on student engagement and connection, and other student 
93.11 	outcome measures explicitly aligned with the elements of curriculum for which teachers 
93.12 	are responsible, including academic literacy, oral academic language, and achievement of 
93.13 	content areas of English learners;
93.14 	(11) must require qualified and trained evaluators such as school administrators to 
93.15 	perform summative evaluations and ensure school districts and charter schools provide for 
93.16 	effective evaluator training specific to teacher development and evaluation;
93.17 	(12) must give teachers not meeting professional teaching standards under clauses (3) 
93.18 	through (11) support to improve through a teacher improvement process that includes 
93.19 	established goals and timelines; and
93.20 	(13) must discipline a teacher for not making adequate progress in the teacher 
93.21 	improvement process under clause (12) that may include a last chance warning, termination, 
93.22 	discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline 
93.23 	a school administrator determines is appropriate.
93.24 	Data on individual teachers generated under this subdivision are personnel data under 
93.25 	section 13.43. The observation and interview notes of peer coaches may only be disclosed 
93.26 	to other school officials with the consent of the teacher being coached.
93.27 	(c) The department, in consultation with parents who may represent parent organizations 
93.28 	and teacher and administrator representatives appointed by their respective organizations, 
93.29 	representing the Professional Educator Licensing and Standards Board, the Minnesota 
93.30 	Association of School Administrators, the Minnesota School Boards Association, the 
93.31 	Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and 
93.32 	representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, 
93.33 	the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with 
93.34 	research expertise in teacher evaluation, must create and publish a teacher evaluation process 
94.1 	that complies with the requirements in paragraph (b) and applies to all teachers under this 
94.2 	section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual 
94.3 	teacher evaluation and peer review process. The teacher evaluation process created under 
94.4 	this subdivision does not create additional due process rights for probationary teachers under 
94.5 	subdivision 5.
94.6 	(d) Consistent with the measures of teacher effectiveness under this subdivision:
94.7 	(1) for students in kindergarten through grade 4, a school administrator must not place 
94.8 	or approve the placement of a student in the classroom of a teacher who is in the improvement 
94.9 	process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, 
94.10 	in the prior year, that student was in the classroom of a teacher who received discipline 
94.11 	pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that 
94.12 	grade; and
94.13 	(2) for students in grades 5 through 12, a school administrator must not place or approve 
94.14 	the placement of a student in the classroom of a teacher who is in the improvement process 
94.15 	referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the 
94.16 	prior year, that student was in the classroom of a teacher who received discipline pursuant 
94.17 	to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area 
94.18 	and grade.
94.19 	All data created and used under this paragraph retains its classification under chapter 13.

94.20 	EFFECTIVE DATE. This section is effective July 1, 2025.

94.21 	Sec. 44. Minnesota Statutes 2022, section 122A.41, subdivision 2, is amended to read:
94.22 		Subd. 2.Probationary period; discharge or demotion. (a) All teachers in the public 
94.23 	schools in cities of the first class during the first three years of consecutive employment 
94.24 	shall be deemed to be in a probationary period of employment during which period any 
94.25 	annual contract with any teacher may, or may not, be renewed as the school board, after 
94.26 	consulting with the peer review committee charged with evaluating the probationary teachers 
94.27 	under subdivision 3, shall see fit. The first three consecutive years of a teacher's first teaching 
94.28 	experience in Minnesota in a single district are deemed to be a probationary period of 
94.29 	employment, and the probationary period in each district in which the teacher is thereafter 
94.30 	employed shall be one year. The school site management team or the school board if there 
94.31 	is no school site management team, shall adopt a plan for a written evaluation of teachers 
94.32 	during the probationary period according to subdivisions 3 and 5. Evaluation by the peer 
94.33 	review committee charged with evaluating probationary teachers under subdivision 3 shall 
95.1 	occur at least three times periodically throughout each school year for a teacher performing 
95.2 	services during that school year; the first evaluation must occur within the first 90 days of 
95.3 	teaching service. Days devoted to parent-teacher conferences, teachers' workshops, and 
95.4 	other staff development opportunities and days on which a teacher is absent from school 
95.5 	shall not be included in determining the number of school days on which a teacher performs 
95.6 	services. The school board may, during such probationary period, discharge or demote a 
95.7 	teacher for any of the causes as specified in this code. A written statement of the cause of 
95.8 	such discharge or demotion shall be given to the teacher by the school board at least 30 
95.9 	days before such removal or demotion shall become effective, and the teacher so notified 
95.10 	shall have no right of appeal therefrom.
95.11 	(b) A probationary teacher whose first three years of consecutive employment are 
95.12 	interrupted for active military service and who promptly resumes teaching consistent with 
95.13 	federal reemployment timelines for uniformed service personnel under United States Code, 
95.14 	title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes 
95.15 	of paragraph (a).
95.16 	(c) A probationary teacher whose first three years of consecutive employment are 
95.17 	interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 
95.18 	months of when the leave began is considered to have a consecutive teaching experience 
95.19 	for purposes of paragraph (a) if the probationary teacher completes a combined total of 
95.20 	three years of teaching service immediately before and after the leave.
95.21 	(d) A probationary teacher must complete at least 120 90 days of teaching service each 
95.22 	year during the probationary period. Days devoted to parent-teacher conferences, teachers' 
95.23 	workshops, and other staff development opportunities and days on which a teacher is absent 
95.24 	from school do not count as days of teaching service under this paragraph.
95.25 	(e) Notwithstanding any law to the contrary, a teacher who has taught for three 
95.26 	consecutive years in a single school district or charter school in Minnesota or another state 
95.27 	must serve a probationary period of no longer than one year in a Minnesota school district.

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

95.30 	Sec. 45. Minnesota Statutes 2022, section 122A.41, subdivision 5, is amended to read:
95.31 		Subd. 5.Development, evaluation, and peer coaching for continuing contract 
95.32 	teachers. (a) To improve student learning and success, a school board and an exclusive 
95.33 	representative of the teachers in the district, consistent with paragraph (b), may develop an 
96.1 	annual teacher evaluation and peer review process for probationary and nonprobationary 
96.2 	teachers through joint agreement. If a school board and the exclusive representative of the 
96.3 	teachers in the district do not agree to an annual teacher evaluation and peer review process, 
96.4 	then the school board and the exclusive representative of the teachers must implement the 
96.5 	state teacher evaluation plan developed under paragraph (c). The process must include 
96.6 	having trained observers serve as peer coaches or having teachers participate in professional 
96.7 	learning communities, consistent with paragraph (b).
96.8 	(b) To develop, improve, and support qualified teachers and effective teaching practices 
96.9 	and improve student learning and success, and provide all enrolled students in a district or 
96.10 	school with improved and equitable access to more effective and diverse teachers, the annual 
96.11 	evaluation process for teachers:
96.12 	(1) must, for probationary teachers, provide for all evaluations required under subdivision 
96.13 	2;
96.14 	(2) must establish a three-year professional review cycle for each teacher that includes 
96.15 	an individual growth and development plan, a peer review process, and at least one 
96.16 	summative evaluation performed by a qualified and trained evaluator such as a school 
96.17 	administrator;
96.18 	(3) must be based on professional teaching standards established in rule include a rubric 
96.19 	of performance standards for teacher practice that: (i) is based on professional teaching 
96.20 	standards established in rule; (ii) includes culturally responsive methodologies; and (iii) 
96.21 	provides common descriptions of effectiveness using at least three levels of performance;
96.22 	(4) must coordinate staff development activities under sections 122A.60 and 122A.61 
96.23 	with this evaluation process and teachers' evaluation outcomes;
96.24 	(5) may provide time during the school day and school year for peer coaching and teacher 
96.25 	collaboration;
96.26 	(6) may include job-embedded learning opportunities such as professional learning 
96.27 	communities;
96.28 	(7) may include mentoring and induction programs for teachers, including teachers who 
96.29 	are members of populations underrepresented among the licensed teachers in the district or 
96.30 	school and who reflect the diversity of students under section 120B.35, subdivision 3, 
96.31 	paragraph (b), clause (2), who are enrolled in the district or school;
96.32 	(8) must include an option for teachers to develop and present a portfolio demonstrating 
96.33 	evidence of reflection and professional growth, consistent with section 122A.187, subdivision 
97.1 	3, and include teachers' own performance assessment based on student work samples and 
97.2 	examples of teachers' work, which may include video among other activities for the 
97.3 	summative evaluation;
97.4 	(9) must use data from valid and reliable assessments aligned to state and local academic 
97.5 	standards and must use state and local measures of student growth and literacy that may 
97.6 	include value-added models or student learning goals to determine 35 percent of teacher 
97.7 	evaluation results;
97.8 	(10) must use longitudinal data on student engagement and connection and other student 
97.9 	outcome measures explicitly aligned with the elements of curriculum for which teachers 
97.10 	are responsible, including academic literacy, oral academic language, and achievement of 
97.11 	English learners;
97.12 	(11) must require qualified and trained evaluators such as school administrators to 
97.13 	perform summative evaluations and ensure school districts and charter schools provide for 
97.14 	effective evaluator training specific to teacher development and evaluation;
97.15 	(12) must give teachers not meeting professional teaching standards under clauses (3) 
97.16 	through (11) support to improve through a teacher improvement process that includes 
97.17 	established goals and timelines; and
97.18 	(13) must discipline a teacher for not making adequate progress in the teacher 
97.19 	improvement process under clause (12) that may include a last chance warning, termination, 
97.20 	discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline 
97.21 	a school administrator determines is appropriate.
97.22 	Data on individual teachers generated under this subdivision are personnel data under 
97.23 	section 13.43. The observation and interview notes of peer coaches may only be disclosed 
97.24 	to other school officials with the consent of the teacher being coached.
97.25 	(c) The department, in consultation with parents who may represent parent organizations 
97.26 	and teacher and administrator representatives appointed by their respective organizations, 
97.27 	representing the Professional Educator Licensing and Standards Board, the Minnesota 
97.28 	Association of School Administrators, the Minnesota School Boards Association, the 
97.29 	Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and 
97.30 	representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, 
97.31 	the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with 
97.32 	research expertise in teacher evaluation, must create and publish a teacher evaluation process 
97.33 	that complies with the requirements in paragraph (b) and applies to all teachers under this 
97.34 	section and section 122A.40 for whom no agreement exists under paragraph (a) for an annual 
98.1 	teacher evaluation and peer review process. The teacher evaluation process created under 
98.2 	this subdivision does not create additional due process rights for probationary teachers under 
98.3 	subdivision 2.
98.4 	(d) Consistent with the measures of teacher effectiveness under this subdivision:
98.5 	(1) for students in kindergarten through grade 4, a school administrator must not place 
98.6 	or approve the placement of a student in the classroom of a teacher who is in the improvement 
98.7 	process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, 
98.8 	in the prior year, that student was in the classroom of a teacher who received discipline 
98.9 	pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that 
98.10 	grade; and
98.11 	(2) for students in grades 5 through 12, a school administrator must not place or approve 
98.12 	the placement of a student in the classroom of a teacher who is in the improvement process 
98.13 	referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the 
98.14 	prior year, that student was in the classroom of a teacher who received discipline pursuant 
98.15 	to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area 
98.16 	and grade.
98.17 	All data created and used under this paragraph retains its classification under chapter 13.

98.18 	EFFECTIVE DATE. This section is effective July 1, 2025.

98.19 	Sec. 46. [122A.441] SHORT-CALL SUBSTITUTE TEACHER PILOT PROGRAM.
98.20 	(a) A school district or charter school and applicant may jointly request the Professional 
98.21 	Educator Licensing and Standards Board approve an application for a short-call substitute 
98.22 	teaching license. The application information must sufficiently demonstrate the following:
98.23 	(1) the applicant:
98.24 	(i) holds a minimum of an associate's degree or equivalent and has or will receive 
98.25 	substitute training from the school district or charter school; or
98.26 	(ii) holds a minimum of a high school diploma or equivalent and has been employed as 
98.27 	an education support personnel or paraprofessional within the district or charter school for 
98.28 	at least one academic year; and
98.29 	(2) the school district or charter school has requested a background check in accordance 
98.30 	with section 123B.03.
98.31 	(b) The Professional Educator Licensing and Standards Board may issue a temporary 
98.32 	teaching license pending a background check under section 122A.18, subdivision 8, and 
99.1 	may immediately suspend or revoke the license upon receiving background check 
99.2 	information. An applicant submitting an application for a short-call substitute teaching 
99.3 	license in accordance with section 122A.18, subdivision 7a, paragraph (a), must not be 
99.4 	required to complete a joint application with a district and must not be issued a license 
99.5 	pending a background check under section 122A.18, subdivision 8.
99.6 	(c) The board may prioritize short-call substitute teaching license applications to expedite 
99.7 	the review process.
99.8 	(d) A school district or charter school must provide a substitute teacher who receives a 
99.9 	substitute teaching license through the pilot program with substitute teacher training. The 
99.10 	board may remove a school district or charter school from the pilot program for failure to 
99.11 	provide the required training.
99.12 	(e) A school district or charter school must not require an employee to apply for a 
99.13 	substitute teaching license, or retaliate against an employee that does not apply for a substitute 
99.14 	teaching license under the pilot program.
99.15 	(f) A school district or charter school must compensate an employee working as a 
99.16 	short-call substitute teacher under the pilot program with the greater of $200 per day or the 
99.17 	employee's regular rate of pay.

99.18 	EFFECTIVE DATE. This section is effective for the 2023-2024 and 2024-2025 school 
99.19 	years only.

99.20 	Sec. 47. Minnesota Statutes 2022, section 122A.69, is amended to read:
99.21 	122A.69 PRACTICE OR STUDENT TEACHERS.
99.22 	The Professional Educator Licensing and Standards Board may, by agreements with 
99.23 	teacher preparation institutions, arrange for classroom experience in the district for practice 
99.24 	or student teachers who have completed at least two years of in an approved teacher 
99.25 	preparation program. Such practice and student teachers must be appropriately supervised 
99.26 	by a fully qualified teacher under rules adopted by the board. A practice or student teacher 
99.27 	must be placed with a cooperating licensed teacher who has at least three years of teaching 
99.28 	experience and is not in the improvement process under section 122A.40, subdivision 8, 
99.29 	paragraph (b), clause (12), or 122A.41, subdivision 5, paragraph (b), clause (12). Practice 
99.30 	and student teachers are employees of the school district in which they are rendering services 
99.31 	for purposes of workers' compensation; liability insurance, if provided for other district 
99.32 	employees under section 123B.23; and legal counsel under section 123B.25.

100.1 	Sec. 48. Minnesota Statutes 2022, section 123B.147, subdivision 3, is amended to read:
100.2 		Subd. 3.Duties; evaluation. (a) The principal shall provide administrative, supervisory, 
100.3 	and instructional leadership services, under the supervision of the superintendent of schools 
100.4 	of the district and according to the policies, rules, and regulations of the school board, for 
100.5 	the planning, management, operation, and evaluation of the education program of the building 
100.6 	or buildings to which the principal is assigned.
100.7 	(b) To enhance a principal's culturally responsive leadership skills and support and 
100.8 	improve teaching practices, school performance, and student achievement for diverse student 
100.9 	populations, including at-risk students, children with disabilities, English learners, and gifted 
100.10 	students, among others, a district must develop and implement a performance-based system 
100.11 	for annually evaluating school principals assigned to supervise a school building within the 
100.12 	district. The evaluation must be designed to improve teaching and learning by supporting 
100.13 	the principal in shaping the school's professional environment and developing teacher 
100.14 	quality, performance, and effectiveness. The annual evaluation must:
100.15 	(1) support and improve a principal's instructional leadership, organizational management, 
100.16 	and professional development, and strengthen the principal's capacity in the areas of 
100.17 	instruction, supervision, evaluation, and teacher development;
100.18 	(2) support and improve a principal's culturally responsive leadership practices that 
100.19 	create inclusive and respectful teaching and learning environments for all students, families, 
100.20 	and employees;
100.21 	(2) (3) include formative and summative evaluations based on multiple measures of 
100.22 	student progress toward career and college readiness;
100.23 	(3) (4) be consistent with a principal's job description, a district's long-term plans and 
100.24 	goals, and the principal's own professional multiyear growth plans and goals, all of which 
100.25 	must support the principal's leadership behaviors and practices, rigorous curriculum, school 
100.26 	performance, and high-quality instruction;
100.27 	(4) (5) include on-the-job observations and previous evaluations;
100.28 	(5) (6) allow surveys to help identify a principal's effectiveness, leadership skills and 
100.29 	processes, and strengths and weaknesses in exercising leadership in pursuit of school success;
100.30 	(6) (7) use longitudinal data on student academic growth as 35 percent of the evaluation 
100.31 	and incorporate district achievement goals and targets;
101.1 	(7) (8) be linked to professional development that emphasizes improved teaching and 
101.2 	learning, curriculum and instruction, student learning, culturally responsive leadership 
101.3 	practices, and a collaborative professional culture; and
101.4 	(8) (9) for principals not meeting standards of professional practice or other criteria 
101.5 	under this subdivision, implement a plan to improve the principal's performance and specify 
101.6 	the procedure and consequence if the principal's performance is not improved.
101.7 	The provisions of this paragraph are intended to provide districts with sufficient flexibility 
101.8 	to accommodate district needs and goals related to developing, supporting, and evaluating 
101.9 	principals.

101.10 	EFFECTIVE DATE. This section is effective July 1, 2024.

101.11 	Sec. 49. Minnesota Statutes 2022, section 179A.03, subdivision 18, is amended to read:
101.12 		Subd. 18.Teacher. "Teacher" means any public employee other than a superintendent 
101.13 	or assistant superintendent, principal, assistant principal, or a supervisory or confidential 
101.14 	employee, employed by a school district:
101.15 	(1) in a position for which the person must be licensed by the Professional Educator 
101.16 	Licensing and Standards Board or the commissioner of education; or
101.17 	(2) in a position as a physical therapist, occupational therapist, art therapist, music 
101.18 	therapist, or audiologist.; or
101.19 	(3) in a position creating and delivering instruction to children in a prekindergarten or 
101.20 	early learning program, except that an employee in a bargaining unit certified before January 
101.21 	1, 2023, may remain in a bargaining unit that does not include teachers unless an exclusive 
101.22 	representative files a petition for a unit clarification or to transfer exclusive representative 
101.23 	status.

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

101.25 	Sec. 50. Minnesota Statutes 2022, section 179A.03, subdivision 19, is amended to read:
101.26 		Subd. 19.Terms and conditions of employment. "Terms and conditions of employment" 
101.27 	means the hours of employment, the compensation therefor including fringe benefits except 
101.28 	retirement contributions or benefits other than employer payment of, or contributions to, 
101.29 	premiums for group insurance coverage of retired employees or severance pay, and the 
101.30 	employer's personnel policies affecting the working conditions of the employees. In the 
101.31 	case of professional employees the term does not mean educational policies of a school 
102.1 	district. "Terms and conditions of employment" is subject to section 179A.07. In the case 
102.2 	of school employees, "terms and conditions of employment" includes class sizes, student 
102.3 	testing, and student-to-personnel ratios.

102.4 	Sec. 51. REVISOR INSTRUCTION.
 102.5 	The revisor of statutes shall replace the terms"candidate" or "candidates" with "applicant" 
102.6 	or "applicants" wherever they appear in sections 122A.09, 122A.18, 122A.181, 122A.182, 
102.7 	122A.183, 122A.184, 122A.185, 122A.188, 122A.21, and 122A.28.

102.8 	Sec. 52. REPEALER.
 102.9 	(a) Minnesota Statutes 2022, sections 122A.07, subdivision 2a; 122A.091, subdivisions 
102.10 	3 and 6; and 122A.18, subdivision 7c;  are repealed.
102.11 	(b) Minnesota Rules, part 8710.0500, subparts 8 and 11, are repealed.

102.12 	ARTICLE 5
102.13 	CHARTER SCHOOLS

102.14 	Section 1. Minnesota Statutes 2022, section 124E.02, is amended to read:
102.15 	124E.02 DEFINITIONS.
102.16 	(a) For purposes of this chapter, the terms defined in this section have the meanings 
102.17 	given them.
102.18 	(b) "Affidavit" means a written statement the authorizer submits to the commissioner 
102.19 	for approval to establish a charter school under section 124E.06, subdivision 4, attesting to 
102.20 	its review and approval process before chartering a school.
102.21 	(c) "Affiliate" means a person that directly or indirectly, through one or more 
102.22 	intermediaries, controls, is controlled by, or is under common control with another person.
102.23 	(d) "Control" means the ability to affect the management, operations, or policy actions 
102.24 	or decisions of a person, whether by owning voting securities, by contract, or otherwise.
102.25 	(e) "Immediate family" means an individual whose relationship by blood, marriage, 
102.26 	adoption, or partnership is no more remote than first cousin.
102.27 	(f) "Market need and demand study" means a study that includes the following for the 
102.28 	proposed locations of the school or additional site:
102.29 	(1) current and projected demographic information of student populations in the 
102.30 	geographic area;
103.1 	(2) current student enrollment patterns in the geographic area;
103.2 	(3) information on existing schools and types of educational programs currently available;
103.3 	(4) documentation of the plan to do outreach to diverse and underrepresented populations;
103.4 	(5) information on the availability of properly zoned and classified facilities; and
103.5 	(6) quantification of existing demand for the new school or site expansion.
103.6 	(f) (g) "Person" means an individual or entity of any kind.
103.7 	(g) (h) "Related party" means an affiliate or immediate relative of the other interested 
103.8 	party, an affiliate of an immediate relative who is the other interested party, or an immediate 
103.9 	relative of an affiliate who is the other interested party.
103.10 	(h) (i) For purposes of this chapter, the terms defined in section 120A.05 have the same 
103.11 	meanings.

103.12 	Sec. 2. Minnesota Statutes 2022, section 124E.03, subdivision 2, is amended to read:
103.13 		Subd. 2.Certain federal, state, and local requirements. (a) A charter school shall 
103.14 	meet all federal, state, and local health and safety requirements applicable to school districts.
103.15 	(b) A school must comply with statewide accountability requirements governing standards 
103.16 	and assessments in chapter 120B.
103.17 	(c) A charter school must comply with the Minnesota Public School Fee Law, sections 
103.18 	123B.34 to 123B.39.
103.19 	(d) A charter school is a district for the purposes of tort liability under chapter 466.
103.20 	(e) A charter school must comply with the Pledge of Allegiance requirement under 
103.21 	section 121A.11, subdivision 3.
103.22 	(f) A charter school and charter school board of directors must comply with chapter 181 
103.23 	governing requirements for employment.
103.24 	(g) A charter school must comply with continuing truant notification under section 
103.25 	260A.03.
103.26 	(h) A charter school must develop and implement a teacher evaluation and peer review 
103.27 	process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place 
103.28 	students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d). 
103.29 	The teacher evaluation process in this paragraph does not create any additional employment 
103.30 	rights for teachers.
104.1 	(i) A charter school must adopt a policy, plan, budget, and process, consistent with 
104.2 	section 120B.11, to review curriculum, instruction, and student achievement and strive for 
104.3 	the world's best workforce.
104.4 	(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act, 
104.5 	sections 121A.40 to 121A.56 and 121A.575.

104.6 	Sec. 3. Minnesota Statutes 2022, section 124E.03, is amended by adding a subdivision to 
104.7 	read:
104.8 		Subd. 9.English learners. A charter school is subject to and must comply with the 
104.9 	Education for English Learners Act under sections 124D.58 to 124D.64 as though the charter 
104.10 	school were a district.

104.11 	Sec. 4. Minnesota Statutes 2022, section 124E.05, subdivision 4, is amended to read:
104.12 		Subd. 4.Application content. (a) To be approved as an authorizer, an applicant must 
104.13 	include in its application to the commissioner at least the following:
104.14 	(1) how the organization carries out its mission by chartering schools;
104.15 	(2) a description of the capacity of the organization to serve as an authorizer, including 
104.16 	the positions allocated to authorizing duties, the qualifications for those positions, the 
104.17 	full-time equivalencies of those positions, and the financial resources available to fund the 
104.18 	positions;
104.19 	(3) the application and review process the authorizer uses to decide whether to grant 
104.20 	charters;
104.21 	(4) the type of contract it arranges with the schools it charters to meet the provisions of 
104.22 	section 124E.10;
104.23 	(5) the process for overseeing the school, consistent with clause (4), to ensure that the 
104.24 	schools chartered comply with applicable law and rules and the contract;
104.25 	(6) the criteria and process the authorizer uses to approve applications adding grades or 
104.26 	sites under section 124E.06, subdivision 5;
104.27 	(7) the process for renewing or terminating the school's charter based on evidence 
104.28 	showing the academic, organizational, and financial competency of the school, including 
104.29 	its success in increasing student achievement and meeting the goals of the charter school 
104.30 	agreement; and
105.1 	(8) an assurance specifying that the organization is committed to serving as an authorizer 
105.2 	for the full five-year term until the commissioner terminates the organization's ability to 
105.3 	authorize charter schools under subdivision 6 or the organization formally withdraws as an 
105.4 	approved authorizer under subdivision 7.
105.5 	(b) Notwithstanding paragraph (a), an authorizer that is a school district may satisfy the 
105.6 	requirements of paragraph (a), clauses (1) and (2), and any requirement governing a conflict 
105.7 	of interest between an authorizer and its charter schools or ongoing evaluation or continuing 
105.8 	education of an administrator or other professional support staff by submitting to the 
105.9 	commissioner a written promise to comply with the requirements.

105.10 	Sec. 5. Minnesota Statutes 2022, section 124E.05, subdivision 7, is amended to read:
105.11 		Subd. 7.Withdrawal. If the governing board of an approved authorizer votes to withdraw 
105.12 	as an approved authorizer for a reason unrelated to any cause under section 124E.10, 
105.13 	subdivision 4 subdivision 6, the authorizer must notify all its chartered schools and the 
105.14 	commissioner in writing by March 1 of its intent to withdraw as an authorizer on June 30 
105.15 	in the next calendar year, regardless of when the authorizer's five-year term of approval 
105.16 	ends. Upon notification of the schools and commissioner, the authorizer must provide a 
105.17 	letter to the school for distribution to families of students enrolled in the school that explains 
105.18 	the decision to withdraw as an authorizer. The commissioner may approve the transfer of 
105.19 	a charter school to a new authorizer under section 124E.10, subdivision 5.

105.20 	Sec. 6. Minnesota Statutes 2022, section 124E.06, subdivision 1, is amended to read:
105.21 		Subdivision 1.Individuals eligible to organize. (a) An authorizer, after receiving an 
105.22 	application from a charter school developer, may charter either a licensed teacher under 
105.23 	section 122A.18, subdivision 1, or a group of individuals that includes one or more licensed 
105.24 	teachers under section 122A.18, subdivision 1, to operate a school subject to the 
105.25 	commissioner's approval of the authorizer's affidavit under subdivision 4.
105.26 	(b) "Application" under this section means the charter school business plan a charter 
105.27 	school developer submits to an authorizer for approval to establish a charter school. This 
105.28 	application must include:
105.29 	(1) the school developer's:
105.30 	(i) mission statement;
105.31 	(ii) school purposes;
105.32 	(iii) program design;
106.1 	(iv) financial plan;
106.2 	(v) governance and management structure; and
106.3 	(vi) background and experience; and
106.4 	(vii) market need and demand study; and
106.5 	(2) any other information the authorizer requests; and.
106.6 	(3) a "statement of assurances" of legal compliance prescribed by the commissioner.
106.7 	(c) An authorizer shall not approve an application submitted by a charter school developer 
106.8 	under paragraph (a) if the application does not comply with subdivision 3, paragraph (e), 
106.9 	and section 124E.01, subdivision 1. The commissioner shall not approve an affidavit 
106.10 	submitted by an authorizer under subdivision 4 if the affidavit does not comply with 
106.11 	subdivision 3, paragraph (e), and section 124E.01, subdivision 1.

106.12 	Sec. 7. Minnesota Statutes 2022, section 124E.06, subdivision 4, is amended to read:
106.13 		Subd. 4.Authorizer's affidavit; approval process. (a) Before an operator may establish 
106.14 	and operate a school, the authorizer must file an affidavit with the commissioner stating its 
106.15 	intent to charter a school. An authorizer must file a separate affidavit for each school it 
106.16 	intends to charter. An authorizer must file an affidavit at least 14 months before July 1 of 
106.17 	the year the new charter school plans to serve students. The affidavit must state:
106.18 	(1) the terms and conditions under which the authorizer would charter a school, including 
106.19 	a market need and demand study; and
106.20 	(2) how the authorizer intends to oversee:
106.21 	(i) the fiscal and student performance of the charter school; and
106.22 	(ii) compliance with the terms of the written contract between the authorizer and the 
106.23 	charter school board of directors under section 124E.10, subdivision 1.
106.24 	(b) The commissioner must approve or disapprove the authorizer's affidavit within 60 
106.25 	business days of receiving the affidavit. If the commissioner disapproves the affidavit, the 
106.26 	commissioner shall notify the authorizer of the deficiencies in the affidavit and the authorizer 
106.27 	then has 20 business days to address the deficiencies. The commissioner must notify the 
106.28 	authorizer of the commissioner's final approval or final disapproval within 15 business days 
106.29 	after receiving the authorizer's response to the deficiencies in the affidavit. If the authorizer 
106.30 	does not address deficiencies to the commissioner's satisfaction, the commissioner's 
107.1 	disapproval is final. An authorizer who fails to obtain the commissioner's approval is 
107.2 	precluded from chartering the school that is the subject of this affidavit.

107.3 	Sec. 8. Minnesota Statutes 2022, section 124E.06, subdivision 5, is amended to read:
107.4 		Subd. 5.Adding grades or sites. (a) A charter school may apply to the authorizer to 
107.5 	amend the school charter to add grades or primary enrollment sites beyond those defined 
107.6 	in the original affidavit approved by the commissioner. After approving the school's 
107.7 	application, the authorizer shall submit a supplemental affidavit in the form and manner 
107.8 	prescribed by the commissioner. The authorizer must file a supplemental affidavit to the 
107.9 	commissioner by October 1 to be eligible to add grades or sites in the next school year. The 
107.10 	supplemental affidavit must document to the authorizer's satisfaction:
107.11 	(1) the need for the additional grades or sites with supporting long-range enrollment 
107.12 	projections;
107.13 	(2) a longitudinal record of student academic performance and growth on statewide 
107.14 	assessments under chapter 120B or on other academic assessments that measure longitudinal 
107.15 	student performance and growth approved by the charter school's board of directors and 
107.16 	agreed upon with the authorizer;
107.17 	(3) a history of sound school finances and a plan to add grades or sites that sustains the 
107.18 	school's finances; and
107.19 	(4) board capacity to administer and manage the additional grades or sites.; and
107.20 	(5) for site expansion, a market need and demand study.
107.21 	(b) The commissioner shall have 30 business days to review and comment on the 
107.22 	supplemental affidavit. The commissioner shall notify the authorizer in writing of any 
107.23 	deficiencies in the supplemental affidavit and the authorizer then has 20 business days to 
107.24 	address any deficiencies in the supplemental affidavit to the commissioner's satisfaction. 
107.25 	The commissioner must notify the authorizer of final approval or final disapproval within 
107.26 	15 business days after receiving the authorizer's response to the deficiencies in the affidavit. 
107.27 	The school may not add grades or sites until the commissioner has approved the supplemental 
107.28 	affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.

107.29 	Sec. 9. Minnesota Statutes 2022, section 124E.10, subdivision 1, is amended to read:
107.30 		Subdivision 1.Contents. (a) To authorize a charter school, the authorizer and the charter 
107.31 	school board of directors must sign a written contract within 45 business days of the 
107.32 	commissioner's approval of the authorizer's affidavit. The authorizer shall submit a copy of 
108.1 	the charter contract to the commissioner within ten business days after the contract is signed 
108.2 	by the contracting parties. The contract must include at least the following:
108.3 	(1) a declaration that the charter school will carry out the primary purpose in section 
108.4 	124E.01, subdivision 1, and indicate how the school will report its implementation of the 
108.5 	primary purpose to its authorizer;
108.6 	(2) a declaration of the additional purpose or purposes in section 124E.01, subdivision 
108.7 	1, that the school intends to carry out and indicate how the school will report its 
108.8 	implementation of those purposes to its authorizer;
108.9 	(3) a description of the school program and the specific academic and nonacademic 
108.10 	outcomes that pupils must achieve;
108.11 	(4) a statement of the school's admission policies and procedures;
108.12 	(5) a school governance, management, and administration plan;
108.13 	(6) signed agreements from charter school board members to comply with the federal 
108.14 	and state laws governing organizational, programmatic, and financial requirements applicable 
108.15 	to charter schools;
108.16 	(7) the criteria, processes, and procedures the authorizer will use to monitor and evaluate 
108.17 	the fiscal, operational, and academic performance, consistent with subdivision 3, paragraphs 
108.18 	(a) and (b);
108.19 	(8) for contract renewal, the formal written performance evaluation that is a prerequisite 
108.20 	for reviewing a charter contract under subdivision 3;
108.21 	(9) types and amounts of insurance liability coverage the charter school must obtain, 
108.22 	consistent with section 124E.03, subdivision 2, paragraph (d);
108.23 	(10) consistent with section 124E.09, paragraph (d), a provision to indemnify and hold 
108.24 	harmless from any suit, claim, or liability arising from any charter school operation:
108.25 	(i) the authorizer and its officers, agents, and employees; and
108.26 	(ii) notwithstanding section 3.736, the commissioner and department officers, agents, 
108.27 	and employees;
108.28 	(11) the term of the contract, which, for an initial contract, may be up to five years plus 
108.29 	a preoperational planning period, or for a renewed contract or a contract with a new authorizer 
108.30 	after a transfer of authorizers, may be up to five years, if warranted by the school's academic, 
108.31 	financial, and operational performance;
109.1 	(12) how the charter school board of directors or the charter school operators will provide 
109.2 	special instruction and services for children with a disability under sections 125A.03 to 
109.3 	125A.24, and 125A.65, and a description of the financial parameters within which the charter 
109.4 	school will provide the special instruction and services to children with a disability;
109.5 	(13) the specific conditions for contract renewal that identify the performance of all 
109.6 	students under the primary purpose of section 124E.01, subdivision 1, as the most important 
109.7 	factor in determining whether to renew the contract; and
109.8 	(14) the additional purposes under section 124E.01, subdivision 1, and related 
109.9 	performance obligations under clause (7) contained in the charter contract as additional 
109.10 	factors in determining whether to renew the contract.
109.11 	(b) In addition to the requirements of paragraph (a), the charter contract must contain 
109.12 	the plan for an orderly closing of the school under chapter 317A, that establishes the 
109.13 	responsibilities of the school board of directors and the authorizer, whether the closure is a 
109.14 	termination for cause, a voluntary termination, or a nonrenewal of the contract. The plan 
109.15 	must establish who is responsible for:
109.16 	(1) notifying the commissioner, school district in which the charter school is located, 
109.17 	and parents of enrolled students about the closure;
109.18 	(2) providing parents of enrolled students information and assistance to enable the student 
109.19 	to re-enroll in another school;
109.20 	(3) transferring student records under section 124E.03, subdivision 5, paragraph (b), to 
109.21 	the student's resident school district; and
109.22 	(4) closing financial operations.
109.23 	(c) A charter school must design its programs to at least meet the outcomes adopted by 
109.24 	the commissioner for public school students, including world's best workforce goals under 
109.25 	section 120B.11, subdivision 1. In the absence of the commissioner's requirements governing 
109.26 	state standards and benchmarks, the school must meet the outcomes contained in the contract 
109.27 	with the authorizer. The achievement levels of the outcomes contained in the contract may 
109.28 	exceed the achievement levels of any outcomes adopted by the commissioner for public 
109.29 	school students.

110.1 	Sec. 10. Minnesota Statutes 2022, section 124E.11, is amended to read:
110.2 	124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.
110.3 	(a) A charter school, including its preschool or prekindergarten program established 
110.4 	under section 124E.06, subdivision 3, paragraph (b), may limit admission to:
110.5 	(1) pupils within an age group or grade level;
110.6 	(2) pupils who are eligible to participate in the graduation incentives program under 
110.7 	section 124D.68; or
110.8 	(3) residents of a specific geographic area in which the school is located when the 
110.9 	majority of students served by the school are members of underserved populations.
110.10 	(b) A charter school, including its preschool or prekindergarten program established 
110.11 	under section 124E.06, subdivision 3, paragraph (b), shall must enroll an eligible pupil who 
110.12 	submits a timely application, unless the number of applications exceeds the capacity of a 
110.13 	program, class, grade level, or building. In this case, pupils must be accepted by lot. The 
110.14 	charter school must develop and publish, including on its website, a lottery policy and 
110.15 	process that it must use when accepting pupils by lot.
110.16 	(c) Admission to a charter school must be free to any eligible pupil who resides within 
110.17 	the state. A charter school must give enrollment preference to a Minnesota resident pupil 
110.18 	over pupils that do not reside in Minnesota. A charter school must require a pupil who does 
110.19 	not reside in Minnesota to annually apply to enroll in accordance with paragraphs (a) to (f). 
110.20 	A charter school shall must give enrollment preference to a sibling of an enrolled pupil and 
110.21 	to a foster child of that pupil's parents and may give preference for enrolling children of the 
110.22 	school's staff before accepting other pupils by lot. A charter school that is located in Duluth 
110.23 	township in St. Louis County and admits students in kindergarten through grade 6 must 
110.24 	give enrollment preference to students residing within a five-mile radius of the school and 
110.25 	to the siblings of enrolled children. A charter school may give enrollment preference to 
110.26 	children currently enrolled in the school's free preschool or prekindergarten program under 
110.27 	section 124E.06, subdivision 3, paragraph (b), who are eligible to enroll in kindergarten in 
110.28 	the next school year.
110.29 	(d) A person shall may not be admitted to a charter school (1) as a kindergarten pupil, 
110.30 	unless the pupil is at least five years of age on September 1 of the calendar year in which 
110.31 	the school year for which the pupil seeks admission commences; or (2) as a first grade 
110.32 	student, unless the pupil is at least six years of age on September 1 of the calendar year in 
110.33 	which the school year for which the pupil seeks admission commences or has completed 
111.1 	kindergarten; except that a charter school may establish and publish on its website a policy 
111.2 	for admission of selected pupils at an earlier age, consistent with the enrollment process in 
111.3 	paragraphs (b) and (c).
111.4 	(e) Except as permitted in paragraph (d) paragraphs (d) and (i), a charter school, including 
111.5 	its preschool or prekindergarten program established under section 124E.06, subdivision 
111.6 	3, paragraph (b), may not limit admission to pupils on the basis of intellectual ability, 
111.7 	measures of achievement or aptitude, or athletic ability and may not establish any criteria 
111.8 	or requirements for admission that are inconsistent with this section.
111.9 	(f) The charter school shall must not distribute any services or goods of value to students, 
111.10 	parents, or guardians as an inducement, term, or condition of enrolling a student in a charter 
111.11 	school.
111.12 	(g) Once a student who resides in Minnesota is enrolled in the school in kindergarten 
111.13 	through grade 12, or in the school's free preschool or prekindergarten program under section 
111.14 	124E.06, subdivision 3, paragraph (b), while generating pupil units, the student is considered 
111.15 	enrolled in the school until the student formally withdraws or is expelled under the Pupil 
111.16 	Fair Dismissal Act in sections 121A.40 to 121A.56.
111.17 	(h) A charter school with at least 90 percent of enrolled students who are eligible for 
111.18 	special education services and have a primary disability of deaf or hard-of-hearing may 
111.19 	enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1, 
111.20 	paragraph (a), and must comply with the federal Individuals with Disabilities Education 
111.21 	Act under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause 
111.22 	(iv).
111.23 	(i) A charter school serving at least 90 percent of enrolled students who are eligible for 
111.24 	special education services and have a primary disability of deaf, hard-of-hearing, or deafblind 
111.25 	may give enrollment preference to students who are eligible for special education services 
111.26 	and have a primary disability of deaf, hard-of-hearing, or deafblind. The charter school may 
111.27 	not limit admission based on the student's eligibility for additional special education services.

111.28 	Sec. 11. Minnesota Statutes 2022, section 124E.12, subdivision 1, is amended to read:
111.29 		Subdivision 1.Teachers. A charter school, excluding its preschool or prekindergarten 
111.30 	program established under section 124E.06, subdivision 3, must employ or contract with 
111.31 	necessary teachers, as defined by section 122A.15, subdivision 1, 122A.06, subdivision 2, 
111.32 	or contract with a cooperative formed under chapter 308A to provide necessary teachers,
111.33 	who hold valid licenses to perform the particular service for which they are employed in 
112.1 	the school. A charter school's preschool or prekindergarten program must employ or contract 
112.2 	with teachers knowledgeable in early childhood curriculum content, assessment, native and 
112.3 	English language programs, and instruction established under section 124E.06, subdivision 
112.4 	3. The commissioner may reduce the charter school's state aid under section 127A.43 if the 
112.5 	school employs a teacher who is not appropriately licensed or approved by the Professional 
112.6 	Educator Licensing and Standards Board. The school may employ necessary employees 
112.7 	who are not required to hold teaching licenses to perform duties other than teaching and 
112.8 	may contract for other services. The school may discharge teachers and nonlicensed 
112.9 	employees. The charter school board is subject to section 181.932 governing whistle-blowers. 
112.10 	When offering employment to a prospective employee, a charter school must give that 
112.11 	employee a written description of the terms and conditions of employment and the school's 
112.12 	personnel policies.

112.13 	Sec. 12. Minnesota Statutes 2022, section 124E.13, subdivision 1, is amended to read:
112.14 		Subdivision 1.Leased space. A charter school may lease space from: an independent 
112.15 	or special school board; other public organization; private, nonprofit, nonsectarian 
112.16 	organization; private property owner; or a sectarian organization if the leased space is 
112.17 	constructed as a school facility. In all cases, the eligible lessor must also be the building 
112.18 	owner. The commissioner must review and approve or disapprove leases in a timely manner 
112.19 	to determine eligibility for lease aid under section 124E.22.

112.20 	Sec. 13. Minnesota Statutes 2022, section 124E.13, subdivision 3, is amended to read:
112.21 		Subd. 3.Affiliated nonprofit building corporation. (a) An affiliated nonprofit building 
112.22 	corporation may purchase, expand, or renovate an existing facility to serve as a school or 
112.23 	may construct a new school facility. A One charter school may organize an affiliated 
112.24 	nonprofit building corporation that serves only that charter school if the charter school:
112.25 	(1) has operated for at least six consecutive years;
112.26 	(2) as of June 30, has a net positive unreserved general fund balance in the preceding 
112.27 	three fiscal years;
112.28 	(3) has long-range strategic and financial plans that include enrollment projections for 
112.29 	at least five years;
112.30 	(4) completes a feasibility study of facility options that outlines the benefits and costs 
112.31 	of each option; and
112.32 	(5) has a plan that describes project parameters and budget.
113.1 	(b) An affiliated nonprofit building corporation under this subdivision must:
113.2 	(1) be incorporated under section 317A;
113.3 	(2) comply with applicable Internal Revenue Service regulations, including regulations 
113.4 	for "supporting organizations" as defined by the Internal Revenue Service;
113.5 	(3) post on the school website the name, mailing address, bylaws, minutes of board 
113.6 	meetings, and names of the current board of directors of the affiliated nonprofit building 
113.7 	corporation;
113.8 	(4) submit to the commissioner a copy of its annual audit by December 31 of each year; 
113.9 	and
113.10 	(5) comply with government data practices law under chapter 13.
113.11 	(c) An affiliated nonprofit building corporation must not serve as the leasing agent for 
113.12 	property or facilities it does not own. A charter school that leases a facility from an affiliated 
113.13 	nonprofit building corporation that does not own the leased facility is ineligible to receive 
113.14 	charter school lease aid. The state is immune from liability resulting from a contract between 
113.15 	a charter school and an affiliated nonprofit building corporation.
113.16 	(d) The board of directors of the charter school must ensure the affiliated nonprofit 
113.17 	building corporation complies with all applicable legal requirements. The charter school's 
113.18 	authorizer must oversee the efforts of the board of directors of the charter school to ensure 
113.19 	legal compliance of the affiliated building corporation. A school's board of directors that 
113.20 	fails to ensure the affiliated nonprofit building corporation's compliance violates its 
113.21 	responsibilities and an authorizer must consider that failure when evaluating the charter 
113.22 	school.

113.23 	Sec. 14. Minnesota Statutes 2022, section 124E.25, subdivision 1a, is amended to read:
113.24 		Subd. 1a.School closures; payments. (a) Notwithstanding subdivision 1 and section 
113.25 	127A.45, for a charter school ceasing operation on or before June 30, for the payment periods 
113.26 	occurring after the school ceases serving students, the commissioner shall withhold the 
113.27 	estimated state aid owed the school. The charter school board of directors and authorizer 
113.28 	must submit to the commissioner a closure plan under chapter 308A or 317A, and financial 
113.29 	information about the school's liabilities and assets. After receiving the closure plan, financial 
113.30 	information, an audit of pupil counts, and documented lease expenditures from the charter 
113.31 	school and monitoring special education expenditures, the commissioner may release cash 
113.32 	withheld and may continue regular payments up to the current year payment percentages 
113.33 	if further amounts are owed. If, based on audits and monitoring, the school received state 
114.1 	aid in excess of the amount owed, the commissioner shall retain aid withheld sufficient to 
114.2 	eliminate the aid overpayment.
114.3 	(b) For a charter school ceasing operations before or at the end of a school year, 
114.4 	notwithstanding section 127A.45, subdivision 3, the commissioner may make preliminary 
114.5 	final payments after the school submits the closure plan, an audit of pupil counts, documented 
114.6 	lease expenditures, and Uniform Financial Accounting and Reporting Standards (UFARS) 
114.7 	financial data and the commissioner monitors special education expenditures for the final 
114.8 	year of operation. The commissioner may make the final payment after receiving audited 
114.9 	financial statements under section 123B.77, subdivision 3.
114.10 	(c) Notwithstanding sections 317A.701 to 317A.791, after closing a charter school and 
114.11 	satisfying creditors, remaining cash and investment balances shall be returned by the 
114.12 	commissioner to the state general fund.

114.13 	ARTICLE 6
114.14 	SPECIAL EDUCATION

114.15 	Section 1. Minnesota Statutes 2022, section 125A.0942, is amended to read:
114.16 	125A.0942 STANDARDS FOR RESTRICTIVE PROCEDURES.
114.17 		Subdivision 1.Restrictive procedures plan. (a) Schools that intend to use restrictive 
114.18 	procedures shall maintain and make publicly accessible in an electronic format on a school 
114.19 	or district website or make a paper copy available upon request describing a restrictive 
114.20 	procedures plan for children with disabilities that at least:
114.21 	(1) lists the restrictive procedures the school intends to use;
114.22 	(2) describes how the school will implement a range of positive behavior strategies and 
114.23 	provide links to mental health services;
114.24 	(3) describes how the school will provide training on de-escalation techniques, consistent 
114.25 	with section 122A.187, subdivision 4;
114.26 	(4) describes how the school will monitor and review the use of restrictive procedures, 
114.27 	including:
114.28 	(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a), clause 
114.29 	(5); and
114.30 	(ii) convening an oversight committee to undertake a quarterly review of the use of 
114.31 	restrictive procedures based on patterns or problems indicated by similarities in the time of 
114.32 	day, day of the week, duration of the use of a procedure, the individuals involved, or other 
115.1 	factors associated with the use of restrictive procedures; the number of times a restrictive 
115.2 	procedure is used schoolwide and for individual children; the number and types of injuries, 
115.3 	if any, resulting from the use of restrictive procedures; whether restrictive procedures are 
115.4 	used in nonemergency situations; the need for additional staff training; and proposed actions 
115.5 	to minimize the use of restrictive procedures; any disproportionate use of restrictive 
115.6 	procedures based on race, gender, or disability status; the role of the school resource officer 
115.7 	or police in emergencies and the use of restrictive procedures; and documentation to 
115.8 	determine if the standards for using restrictive procedures as described in sections 125A.0941 
115.9 	and 125A.0942 are met; and
115.10 	(5) includes a written description and documentation of the training staff completed 
115.11 	under subdivision 5.
115.12 	(b) Schools annually must publicly identify oversight committee members who must at 
115.13 	least include:
115.14 	(1) a mental health professional, school psychologist, or school social worker;
115.15 	(2) an expert in positive behavior strategies;
115.16 	(3) a special education administrator; and
115.17 	(4) a general education administrator.
115.18 		Subd. 2.Restrictive procedures. (a) Restrictive procedures may be used only by a 
115.19 	licensed special education teacher, school social worker, school psychologist, behavior 
115.20 	analyst certified by the National Behavior Analyst Certification Board, a person with a 
115.21 	master's degree in behavior analysis, other licensed education professional, paraprofessional 
115.22 	under section 120B.363, or mental health professional under section 245.4871, subdivision 
115.23 	27, who has completed the training program under subdivision 5.
115.24 	(b) A school shall make reasonable efforts to notify the parent on the same day a 
115.25 	restrictive procedure is used on the child, or if the school is unable to provide same-day 
115.26 	notice, notice is sent within two days by written or electronic means or as otherwise indicated 
115.27 	by the child's parent under paragraph (f).
115.28 	(c) The district must hold a meeting of the individualized education program or 
115.29 	individualized family service plan team, conduct or review a functional behavioral analysis, 
115.30 	review data, consider developing additional or revised positive behavioral interventions and 
115.31 	supports, consider actions to reduce the use of restrictive procedures, and modify the 
115.32 	individualized education program, individualized family service plan, or behavior intervention 
115.33 	plan as appropriate. The district must hold the meeting: within ten calendar days after district 
116.1 	staff use restrictive procedures on two separate school days within 30 calendar days or a 
116.2 	pattern of use emerges and the child's individualized education program, individualized 
116.3 	family service plan, or behavior intervention plan does not provide for using restrictive 
116.4 	procedures in an emergency; or at the request of a parent or the district after restrictive 
116.5 	procedures are used. The district must review use of restrictive procedures at a child's annual 
116.6 	individualized education program or individualized family service plan meeting when the 
116.7 	child's individualized education program or individualized family service plan provides for 
116.8 	using restrictive procedures in an emergency.
116.9 	(d) If the individualized education program or individualized family service plan team 
116.10 	under paragraph (c) determines that existing interventions and supports are ineffective in 
116.11 	reducing the use of restrictive procedures or the district uses restrictive procedures on a 
116.12 	child on ten or more school days during the same school year, the team, as appropriate, 
116.13 	either must consult with other professionals working with the child; consult with experts in 
116.14 	behavior analysis, mental health, communication, or autism; consult with culturally competent 
116.15 	professionals; review existing evaluations, resources, and successful strategies; or consider 
116.16 	whether to reevaluate the child.
116.17 	(e) At the individualized education program or individualized family service plan meeting 
116.18 	under paragraph (c), the team must review any known medical or psychological limitations, 
116.19 	including any medical information the parent provides voluntarily, that contraindicate the 
116.20 	use of a restrictive procedure, consider whether to prohibit that restrictive procedure, and 
116.21 	document any prohibition in the individualized education program, individualized family 
116.22 	service plan, or behavior intervention plan.
116.23 	(f) An individualized education program or individualized family service plan team may 
116.24 	plan for using restrictive procedures and may include these procedures in a child's 
116.25 	individualized education program, individualized family service plan, or behavior intervention 
116.26 	plan; however, the restrictive procedures may be used only in response to behavior that 
116.27 	constitutes an emergency, consistent with this section. The individualized education program, 
116.28 	individualized family service plan, or behavior intervention plan shall indicate how the 
116.29 	parent wants to be notified when a restrictive procedure is used.
116.30 		Subd. 3.Physical holding or seclusion. (a) Physical holding or seclusion may be used 
116.31 	only in an emergency. A school that uses physical holding or seclusion shall meet the 
116.32 	following requirements:
116.33 	(1) physical holding or seclusion is the least intrusive intervention that effectively 
116.34 	responds to the emergency;
117.1 	(2) physical holding or seclusion is not used to discipline a noncompliant child;
117.2 	(3) physical holding or seclusion ends when the threat of harm ends and the staff 
117.3 	determines the child can safely return to the classroom or activity;
117.4 	(4) staff directly observes the child while physical holding or seclusion is being used;
117.5 	(5) each time physical holding or seclusion is used, the staff person who implements or 
117.6 	oversees the physical holding or seclusion documents, as soon as possible after the incident 
117.7 	concludes, the following information:
117.8 	(i) a description of the incident that led to the physical holding or seclusion;
117.9 	(ii) why a less restrictive measure failed or was determined by staff to be inappropriate 
117.10 	or impractical;
117.11 	(iii) the time the physical holding or seclusion began and the time the child was released; 
117.12 	and
117.13 	(iv) a brief record of the child's behavioral and physical status; and
117.14 	(v) a brief description of the post-use debriefing that occurred as a result of the use of 
117.15 	the physical hold or seclusion;
117.16 	(6) the room used for seclusion must:
117.17 	(i) be at least six feet by five feet;
117.18 	(ii) be well lit, well ventilated, adequately heated, and clean;
117.19 	(iii) have a window that allows staff to directly observe a child in seclusion;
117.20 	(iv) have tamperproof fixtures, electrical switches located immediately outside the door, 
117.21 	and secure ceilings;
117.22 	(v) have doors that open out and are unlocked, locked with keyless locks that have 
117.23 	immediate release mechanisms, or locked with locks that have immediate release mechanisms 
117.24 	connected with a fire and emergency system; and
117.25 	(vi) not contain objects that a child may use to injure the child or others; and
117.26 	(7) before using a room for seclusion, a school must:
117.27 	(i) receive written notice from local authorities that the room and the locking mechanisms 
117.28 	comply with applicable building, fire, and safety codes; and
117.29 	(ii) register the room with the commissioner, who may view that room.
118.1 	(b) By February 1, 2015, and annually thereafter, stakeholders may, as necessary, 
118.2 	recommend to the commissioner specific and measurable implementation and outcome 
118.3 	goals for reducing the use of restrictive procedures and the commissioner must submit to 
118.4 	the legislature a report on districts' progress in reducing the use of restrictive procedures 
118.5 	that recommends how to further reduce these procedures and eliminate the use of seclusion. 
118.6 	The statewide plan includes the following components: measurable goals; the resources, 
118.7 	training, technical assistance, mental health services, and collaborative efforts needed to 
118.8 	significantly reduce districts' use of seclusion; and recommendations to clarify and improve 
118.9 	the law governing districts' use of restrictive procedures. The commissioner must consult 
118.10 	with interested stakeholders when preparing the report, including representatives of advocacy 
118.11 	organizations, special education directors, teachers, paraprofessionals, intermediate school 
118.12 	districts, school boards, day treatment providers, county social services, state human services 
118.13 	department staff, mental health professionals, and autism experts. Beginning with the 
118.14 	2016-2017 school year, in a form and manner determined by the commissioner, districts 
118.15 	must report data quarterly to the department by January 15, April 15, July 15, and October 
118.16 	15 about individual students who have been secluded. By July 15 each year, districts must 
118.17 	report summary data on their use of restrictive procedures to the department for the prior 
118.18 	school year, July 1 through June 30, in a form and manner determined by the commissioner. 
118.19 	The summary data must include information about the use of restrictive procedures, including 
118.20 	use of reasonable force under section 121A.582.
118.21 		Subd. 4.Prohibitions. The following actions or procedures are prohibited:
118.22 	(1) engaging in conduct prohibited under section 121A.58;
118.23 	(2) requiring a child to assume and maintain a specified physical position, activity, or 
118.24 	posture that induces physical pain;
118.25 	(3) totally or partially restricting a child's senses as punishment;
118.26 	(4) presenting an intense sound, light, or other sensory stimuli using smell, taste, 
118.27 	substance, or spray as punishment;
118.28 	(5) denying or restricting a child's access to equipment and devices such as walkers, 
118.29 	wheelchairs, hearing aids, and communication boards that facilitate the child's functioning, 
118.30 	except when temporarily removing the equipment or device is needed to prevent injury to 
118.31 	the child or others or serious damage to the equipment or device, in which case the equipment 
118.32 	or device shall be returned to the child as soon as possible;
118.33 	(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or physical 
118.34 	abuse under chapter 260E;
119.1 	(7) withholding regularly scheduled meals or water;
119.2 	(8) denying access to bathroom facilities;
119.3 	(9) physical holding that restricts or impairs a child's ability to breathe, restricts or impairs 
119.4 	a child's ability to communicate distress, places pressure or weight on a child's head, throat, 
119.5 	neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child's 
119.6 	torso; and
119.7 	(10) prone restraint.; and
119.8 	(11) the use of seclusion on children from birth through prekindergarten.
119.9 		Subd. 5.Training for staff. (a) To meet the requirements of subdivision 1, staff who 
119.10 	use restrictive procedures, including paraprofessionals, shall complete training in the 
119.11 	following skills and knowledge areas:
119.12 	(1) positive behavioral interventions;
119.13 	(2) communicative intent of behaviors;
119.14 	(3) relationship building;
119.15 	(4) alternatives to restrictive procedures, including techniques to identify events and 
119.16 	environmental factors that may escalate behavior;
119.17 	(5) de-escalation methods;
119.18 	(6) standards for using restrictive procedures only in an emergency;
119.19 	(7) obtaining emergency medical assistance;
119.20 	(8) the physiological and psychological impact of physical holding and seclusion;
119.21 	(9) monitoring and responding to a child's physical signs of distress when physical 
119.22 	holding is being used;
119.23 	(10) recognizing the symptoms of and interventions that may cause positional asphyxia 
119.24 	when physical holding is used;
119.25 	(11) district policies and procedures for timely reporting and documenting each incident 
119.26 	involving use of a restricted procedure; and
119.27 	(12) schoolwide programs on positive behavior strategies.
119.28 	(b) The commissioner, after consulting with the commissioner of human services, must 
119.29 	develop and maintain a list of training programs that satisfy the requirements of paragraph 
119.30 	(a). The commissioner also must develop and maintain a list of experts to help individualized 
120.1 	education program or individualized family service plan teams reduce the use of restrictive 
120.2 	procedures. The district shall maintain records of staff who have been trained and the 
120.3 	organization or professional that conducted the training. The district may collaborate with 
120.4 	children's community mental health providers to coordinate trainings.
120.5 		Subd. 6.Behavior supports; reasonable force. (a) School districts are encouraged to 
120.6 	establish effective schoolwide systems of positive behavior interventions and supports.
120.7 	(b) Nothing in this section or section 125A.0941 precludes the use of reasonable force 
120.8 	under sections 121A.582; 609.06, subdivision 1; and 609.379. For the 2014-2015 school 
120.9 	year and later, districts must collect and submit to the commissioner summary data, consistent 
120.10 	with subdivision 3, paragraph (b), on district use of reasonable force that is consistent with 
120.11 	the definition of physical holding or seclusion for a child with a disability under this section.
120.12 	Any reasonable force used under sections 121A.582; 609.06, subdivision 1; and 609.379 
120.13 	which intends to hold a child immobile or limit a child's movement where body contact is 
120.14 	the only source of physical restraint or confines a child alone in a room from which egress 
120.15 	is barred shall be reported to the Department of Education as a restrictive procedure, including 
120.16 	physical holding or seclusion used by an unauthorized or untrained staff person.

120.17 	Sec. 2. Minnesota Statutes 2022, section 125A.13, is amended to read:
120.18 	125A.13 SCHOOL OF PARENTS' CHOICE.
120.19 	(a) Nothing in this chapter must be construed as preventing parents of a child with a 
120.20 	disability from sending the child to a school of their choice, if they so elect, subject to 
120.21 	admission standards and policies adopted according to sections 125A.62 to 125A.64 and 
120.22 	125A.66 to 125A.73, and all other provisions of chapters 120A to 129C.
120.23 	(b) The parent of a student with a disability not yet enrolled in kindergarten and not open 
120.24 	enrolled in a nonresident district may request that the resident district enter into a tuition 
120.25 	agreement with elect, in the same manner as the parent of a resident student with a disability, 
120.26 	a school in the nonresident district if:
120.27 	(1) where the child is enrolled in a Head Start program or a licensed child care setting 
120.28 	in the nonresident district; and, provided
120.29 	(2) the child can be served in the same setting as other children in the nonresident district 
120.30 	with the same level of disability.

121.1 	Sec. 3. Minnesota Statutes 2022, section 125A.15, is amended to read:
121.2 	125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
121.3 	The responsibility for special instruction and services for a child with a disability 
121.4 	temporarily placed in another district for care and treatment shall be determined in the 
121.5 	following manner:
121.6 	(a) The district of residence of a child shall be the district in which the child's parent 
121.7 	resides, if living, or the child's guardian. If there is a dispute between school districts 
121.8 	regarding residency, the district of residence is the district designated by the commissioner.
121.9 	(b) If a district other than the resident district places a pupil for care and treatment, the 
121.10 	district placing the pupil must notify and give the resident district an opportunity to participate 
121.11 	in the placement decision. When an immediate emergency placement of a pupil is necessary 
121.12 	and time constraints foreclose a resident district from participating in the emergency 
121.13 	placement decision, the district in which the pupil is temporarily placed must notify the 
121.14 	resident district of the emergency placement within 15 days. The resident district has up to 
121.15 	five business days after receiving notice of the emergency placement to request an 
121.16 	opportunity to participate in the placement decision, which the placing district must then 
121.17 	provide.
121.18 	(c) When a child is temporarily placed for care and treatment in a day program located 
121.19 	in another district and the child continues to live within the district of residence during the 
121.20 	care and treatment, the district of residence is responsible for providing transportation to 
121.21 	and from the care and treatment program and an appropriate educational program for the 
121.22 	child. The resident district may establish reasonable restrictions on transportation, except 
121.23 	if a Minnesota court or agency orders the child placed at a day care and treatment program 
121.24 	and the resident district receives a copy of the order, then the resident district must provide 
121.25 	transportation to and from the program unless the court or agency orders otherwise. 
121.26 	Transportation shall only be provided by the resident district during regular operating hours 
121.27 	of the resident district. The resident district may provide the educational program at a school 
121.28 	within the district of residence, at the child's residence, or in the district in which the day 
121.29 	treatment center is located by paying tuition to that district. If a child's district of residence, 
121.30 	district of open enrollment under section 124D.03, or charter school of enrollment under 
121.31 	section 124E.11 is authorized to provide online learning instruction under state statutes, the 
121.32 	child's district of residence may utilize that state-approved online learning program in 
121.33 	fulfilling its educational program responsibility under this section if the child, or the child's 
121.34 	parent or guardian for a pupil under the age of 18, agrees to that form of instruction.
122.1 	(d) When a child is temporarily placed in a residential program for care and treatment, 
122.2 	the nonresident district in which the child is placed is responsible for providing an appropriate 
122.3 	educational program for the child and necessary transportation while the child is attending 
122.4 	the educational program; and must bill the district of the child's residence for the actual cost 
122.5 	of providing the program, as outlined in section 125A.11, except as provided in paragraph 
122.6 	(e). However, the board, lodging, and treatment costs incurred in behalf of a child with a 
122.7 	disability placed outside of the school district of residence by the commissioner of human 
122.8 	services or the commissioner of corrections or their agents, for reasons other than providing 
122.9 	for the child's special educational needs must not become the responsibility of either the 
122.10 	district providing the instruction or the district of the child's residence. For the purposes of 
122.11 	this section, the state correctional facilities operated on a fee-for-service basis are considered 
122.12 	to be residential programs for care and treatment. If a child's district of residence, district 
122.13 	of open enrollment under section 124D.03, or charter school of enrollment under section 
122.14 	124E.11 is authorized to provide online learning instruction under state statutes, the 
122.15 	nonresident district may utilize that state-approved online learning program in fulfilling its 
122.16 	educational program responsibility under this section if the child, or the child's parent or 
122.17 	guardian for a pupil under the age of 18, agrees to that form of instruction.
122.18 	(e) A privately owned and operated residential facility may enter into a contract to obtain 
122.19 	appropriate educational programs for special education children and services with a joint 
122.20 	powers entity. The entity with which the private facility contracts for special education 
122.21 	services shall be the district responsible for providing students placed in that facility an 
122.22 	appropriate educational program in place of the district in which the facility is located. If a 
122.23 	privately owned and operated residential facility does not enter into a contract under this 
122.24 	paragraph, then paragraph (d) applies.
122.25 	(f) The district of residence shall pay tuition and other program costs, not including 
122.26 	transportation costs, to the district providing the instruction and services. The district of 
122.27 	residence may claim general education aid for the child as provided by law. Transportation 
122.28 	costs must be paid by the district responsible for providing the transportation and the state 
122.29 	must pay transportation aid to that district.

122.30 	Sec. 4. Minnesota Statutes 2022, section 125A.51, is amended to read:
122.31 	125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES; EDUCATION 
122.32 	AND TRANSPORTATION.
122.33 	The responsibility for providing instruction and transportation for a pupil without a 
122.34 	disability who has a short-term or temporary physical or emotional illness or disability, as 
123.1 	determined by the standards of the commissioner, and who is temporarily placed for care 
123.2 	and treatment for that illness or disability, must be determined as provided in this section.
123.3 	(a) The school district of residence of the pupil is the district in which the pupil's parent 
123.4 	or guardian resides. If there is a dispute between school districts regarding residency, the 
123.5 	district of residence is the district designated by the commissioner.
123.6 	(b) When parental rights have been terminated by court order, the legal residence of a 
123.7 	child placed in a residential or foster facility for care and treatment is the district in which 
123.8 	the child resides.
123.9 	(c) Before the placement of a pupil for care and treatment, the district of residence must 
123.10 	be notified and provided an opportunity to participate in the placement decision. When an 
123.11 	immediate emergency placement is necessary and time does not permit resident district 
123.12 	participation in the placement decision, the district in which the pupil is temporarily placed, 
123.13 	if different from the district of residence, must notify the district of residence of the 
123.14 	emergency placement within 15 days of the placement. When a nonresident district makes 
123.15 	an emergency placement without first consulting with the resident district, the resident 
123.16 	district has up to five business days after receiving notice of the emergency placement to 
123.17 	request an opportunity to participate in the placement decision, which the placing district 
123.18 	must then provide.
123.19 	(d) When a pupil without a disability is temporarily placed for care and treatment in a 
123.20 	day program and the pupil continues to live within the district of residence during the care 
123.21 	and treatment, the district of residence must provide instruction and necessary transportation 
123.22 	to and from the care and treatment program for the pupil. The resident district may establish 
123.23 	reasonable restrictions on transportation, except if a Minnesota court or agency orders the 
123.24 	child placed at a day care and treatment program and the resident district receives a copy 
123.25 	of the order, then the resident district must provide transportation to and from the program 
123.26 	unless the court or agency orders otherwise. Transportation shall only be provided by the 
123.27 	resident district during regular operating hours of the resident district. The resident district 
123.28 	may provide the instruction at a school within the district of residence,; at the pupil's 
123.29 	residence,; through an authorized online learning program provided by the pupil's resident 
123.30 	district, district of open enrollment under section 124D.03, or charter school of enrollment 
123.31 	under section 124E.11 if the child, or the child's parent or guardian for a pupil under the 
123.32 	age of 18, agrees to that form of instruction; or, in the case of a placement outside of the 
123.33 	resident district, in the district in which the day treatment program is located by paying 
123.34 	tuition to that district. The district of placement may contract with a facility to provide 
124.1 	instruction by teachers licensed by the Professional Educator Licensing and Standards 
124.2 	Board.
124.3 	(e) When a pupil without a disability is temporarily placed in a residential program for 
124.4 	care and treatment, the district in which the pupil is placed must provide instruction for the 
124.5 	pupil and necessary transportation while the pupil is receiving instruction, and in the case 
124.6 	of a placement outside of the district of residence, the nonresident district must bill the 
124.7 	district of residence for the actual cost of providing the instruction for the regular school 
124.8 	year and for summer school, excluding transportation costs. If a pupil's district of residence, 
124.9 	district of open enrollment under section 124D.03, or charter school of enrollment under 
124.10 	section 124E.11 is authorized to provide online learning instruction under state statutes, the 
124.11 	district in which the pupil is placed may utilize that state-approved online learning program 
124.12 	in fulfilling its responsibility to provide instruction under this section if the child, or the 
124.13 	child's parent or guardian for a pupil under the age of 18, agrees to that form of instruction.
124.14 	(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or 
124.15 	private homeless shelter, then the district that enrolls the pupil under section 120A.20, 
124.16 	subdivision 2, paragraph (b), shall provide the transportation, unless the district that enrolls 
124.17 	the pupil and the district in which the pupil is temporarily placed agree that the district in 
124.18 	which the pupil is temporarily placed shall provide transportation. When a pupil without a 
124.19 	disability is temporarily placed in a residential program outside the district of residence, 
124.20 	the administrator of the court placing the pupil must send timely written notice of the 
124.21 	placement to the district of residence. The district of placement may contract with a 
124.22 	residential facility to provide instruction by teachers licensed by the Professional Educator 
124.23 	Licensing and Standards Board. For purposes of this section, the state correctional facilities 
124.24 	operated on a fee-for-service basis are considered to be residential programs for care and 
124.25 	treatment.
124.26 	(g) The district of residence must include the pupil in its residence count of pupil units 
124.27 	and pay tuition as provided in section 123A.488 to the district providing the instruction. 
124.28 	Transportation costs must be paid by the district providing the transportation and the state 
124.29 	must pay transportation aid to that district. For purposes of computing state transportation 
124.30 	aid, pupils governed by this subdivision must be included in the disabled transportation 
124.31 	category if the pupils cannot be transported on a regular school bus route without special 
124.32 	accommodations.

125.1 	Sec. 5. Minnesota Statutes 2022, section 125A.515, subdivision 3, is amended to read:
125.2 		Subd. 3.Responsibilities for providing education. (a) The district in which the children's 
125.3 	residential facility is located must provide education services, including special education 
125.4 	if eligible, to all students placed in a facility. If a child's district of residence, district of open 
125.5 	enrollment under section 124D.03, or charter school of enrollment under section 124E.11 
125.6 	is authorized to provide online learning instruction under state statutes, the district in which 
125.7 	the children's residential facility is located may utilize that state-approved online learning 
125.8 	program in fulfilling its education services responsibility under this section if the child, or 
125.9 	the child's parent or guardian for a pupil under the age of 18, agrees to that form of 
125.10 	instruction.
125.11 	(b) For education programs operated by the Department of Corrections, the providing 
125.12 	district shall be the Department of Corrections. For students remanded to the commissioner 
125.13 	of corrections, the providing and resident district shall be the Department of Corrections.

125.14 	ARTICLE 7
125.15 	NUTRITION AND LIBRARIES

125.16 	Section 1. Minnesota Statutes 2022, section 124D.111, subdivision 2a, is amended to read:
125.17 		Subd. 2a.Federal child and adult care food program and federal summer food 
125.18 	service program; criteria and notice. (a) The commissioner must post on the department's 
125.19 	website eligibility criteria and application information for nonprofit organizations interested 
125.20 	in applying to the commissioner for approval as a multisite sponsoring organization under 
125.21 	the federal child and adult care food program and federal summer food service program. 
125.22 	The posted criteria and information must inform interested nonprofit organizations about:
125.23 	(1) the criteria the commissioner uses to approve or disapprove an application, including 
125.24 	how an applicant demonstrates financial viability for the Minnesota program, among other 
125.25 	criteria;
125.26 	(2) the commissioner's process and time line for notifying an applicant when its 
125.27 	application is approved or disapproved and, if the application is disapproved, the explanation 
125.28 	the commissioner provides to the applicant; and
125.29 	(3) any appeal or other recourse available to a disapproved applicant.
125.30 	(b) The commissioner must evaluate financial eligibility as part of the application process. 
125.31 	An organization applying to be a prospective sponsor for the federal child and adult food 
126.1 	care program or the federal summer food service program must provide documentation of 
126.2 	financial viability as an organization. Documentation must include:
126.3 	(1) evidence that the organization has operated for at least one year and has filed at least 
126.4 	one tax return;
126.5 	(2) the most recent tax return submitted by the organization and corresponding forms 
126.6 	and financial statements;
126.7 	(3) a profit and loss statement and balance sheet or similar financial information; and
126.8 	(4) evidence that at least ten percent of the organization's operating revenue comes from 
126.9 	sources other than the United States Department of Agriculture child nutrition program and 
126.10 	that the organization has additional funds or a performance bond available to cover at least 
126.11 	one month of reimbursement claims.

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

126.13 	Sec. 2. Minnesota Statutes 2022, section 124D.111, subdivision 5, is amended to read:
126.14 		Subd. 5.Respectful treatment. (a) The participant must also provide meals to students 
126.15 	in a respectful manner according to the policy adopted under subdivision 1. The participant 
126.16 	must ensure that any reminders for payment of outstanding student meal balances do not 
126.17 	demean or stigmatize any child participating in the school lunch program, including but not 
126.18 	limited to dumping meals,; withdrawing a meal that has been served,; announcing or listing 
126.19 	students' names publicly,; providing alternative meals not specifically related to dietary 
126.20 	needs; providing nonreimbursable meals; or affixing stickers, stamps, or pins. The participant 
126.21 	must not impose any other restriction prohibited under section 123B.37 due to unpaid student 
126.22 	meal balances. The participant must not limit a student's participation in any school activities, 
126.23 	graduation ceremonies, field trips, athletics, activity clubs, or other extracurricular activities 
126.24 	or access to materials, technology, or other items provided to students due to an unpaid 
126.25 	student meal balance.
126.26 	(b) If the commissioner or the commissioner's designee determines a participant has 
126.27 	violated the requirement to provide meals to participating students in a respectful manner, 
126.28 	the commissioner or the commissioner's designee must send a letter of noncompliance to 
126.29 	the participant. The participant is required to respond and, if applicable, remedy the practice 
126.30 	within 60 days.

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

127.1 	Sec. 3. Minnesota Statutes 2022, section 124D.119, is amended to read:
127.2 	124D.119 SUMMER FOOD SERVICE REPLACEMENT AID PROGRAM AND 
127.3 	CHILD AND ADULT CARE FOOD PROGRAM.
127.4 		Subdivision 1.Summer Food Service Program replacement aid. States State funds 
127.5 	are available to compensate department-approved Summer Food Service Program sponsors. 
127.6 	Reimbursement shall be made on December 15 based on total meals served by each sponsor 
127.7 	from the end of the school year to the beginning of the next school year on a pro rata basis.
127.8 		Subd. 2.Child and Adult Care Food Program and Summer Food Service Program 
127.9 	sponsor organizations. Legally distinct Child and Adult Care Food Program and Summer 
127.10 	Food Service Program sites may transfer sponsoring organizations no more than once per 
127.11 	year, except under extenuating circumstances including termination of the sponsoring 
127.12 	organization's agreement or other circumstances approved by the Department of Education.
127.13 		Subd. 3.Child and Adult Care Food Program and Summer Food Service Program 
127.14 	training. Prior to applying to sponsor a Child and Adult Care Food Program or Summer 
127.15 	Food Service Program site, a nongovernmental organization applicant must provide 
127.16 	documentation to the Department of Education verifying that staff members have completed 
127.17 	program-specific training as designated by the commissioner.
127.18 		Subd. 4.Summer Food Service Program locations. Consistent with Code of Federal 
127.19 	Regulations, title 7, section 225.6(d)(1)(ii), the Department of Education must not approve 
127.20 	a new Summer Food Service Program open site that is within a half-mile radius of an existing 
127.21 	Summer Food Service Program open site. The department may approve a new Summer 
127.22 	Food Service Program open site within a half-mile radius only if the new program will not 
127.23 	be serving the same group of children for the same meal type or if there are safety issues 
127.24 	that could present barriers to participation.

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

127.26 	Sec. 4. [124D.901] SCHOOL LIBRARIES AND MEDIA CENTERS.
127.27 	A school district or charter school library or school library media center provides equitable 
127.28 	and free access to students, teachers, and administrators.
127.29 	A school library or school library media center must have the following characteristics:
127.30 	(1) ensures every student has equitable access to resources and is able to locate, access, 
127.31 	and use resources that are organized and cataloged;
128.1 	(2) has a collection development plan that includes but is not limited to materials selection 
128.2 	and deselection, a challenged materials procedure, and an intellectual and academic freedom 
128.3 	statement;
128.4 	(3) is housed in a central location that provides an environment for expanded learning 
128.5 	and supports a variety of student interests;
128.6 	(4) has technology and Internet access; and
128.7 	(5) is served by a licensed school library media specialist or licensed school librarian.

128.8 	Sec. 5. Minnesota Statutes 2022, section 134.31, subdivision 1, is amended to read:
128.9 		Subdivision 1.Library service. The state shall, as an integral part of its responsibility 
128.10 	for public education, support the provision of library service for every citizen resident, the 
128.11 	development of cooperative programs for the sharing of resources and services among all 
128.12 	libraries, and the establishment of jointly operated library services at a single location where 
128.13 	appropriate.

128.14 	Sec. 6. Minnesota Statutes 2022, section 134.31, subdivision 4a, is amended to read:
128.15 		Subd. 4a.Services to people with visual and physical disabilities. The Minnesota 
128.16 	Department of Education shall provide specialized services to people with visual and physical 
128.17 	disabilities through the Minnesota Braille and Talking Book Library under a cooperative 
128.18 	plan with the National Library Services Service for the Blind and Physically Handicapped
128.19 	Print Disabled of the Library of Congress.

128.20 	Sec. 7. Minnesota Statutes 2022, section 134.32, subdivision 4, is amended to read:
128.21 		Subd. 4.Special project grants. It may provide special project grants to assist innovative 
128.22 	and experimental library programs including, but not limited to, special services for American 
128.23 	Indians and the Spanish-speaking multilingual learners, delivery of library materials to 
128.24 	homebound persons, other extensions of library services to persons without access to libraries 
128.25 	and projects to strengthen and improve library services.

128.26 	Sec. 8. Minnesota Statutes 2022, section 134.34, subdivision 1, is amended to read:
128.27 		Subdivision 1.Local support levels. (a) Regional library basic system support aid shall 
128.28 	be provided to any regional public library system where there are at least three participating 
128.29 	counties and where each participating city and county is providing for public library service 
128.30 	support the lesser of (a) an amount equivalent to .82 percent of the average of the adjusted 
129.1 	net tax capacity of the taxable property of that city or county, as determined by the 
129.2 	commissioner of revenue for the second, third, and fourth year preceding that calendar year 
129.3 	or (b) a per capita amount calculated under the provisions of this subdivision. The per capita 
129.4 	amount is established for calendar year 1993 as $7.62. In succeeding calendar years, the 
129.5 	per capita amount shall be increased by a percentage equal to one-half of the percentage by 
129.6 	which the total state adjusted net tax capacity of property as determined by the commissioner 
129.7 	of revenue for the second year preceding that calendar year increases over that total adjusted 
129.8 	net tax capacity for the third year preceding that calendar year.
129.9 	(b) The minimum level of support specified under this subdivision or subdivision 4 shall 
129.10 	be certified annually to the participating cities and counties by the Department of Education. 
129.11 	If a city or county chooses to reduce its local support in accordance with subdivision 4, 
129.12 	paragraph (b) or (c), it shall notify its regional public library system. The regional public 
129.13 	library system shall notify the Department of Education that a revised certification is required. 
129.14 	The revised minimum level of support shall be certified to the city or county by the 
129.15 	Department of Education.
129.16 	(c) A city which is a part of a regional public library system shall not be required to 
129.17 	provide this level of support if the property of that city is already taxable by the county for 
129.18 	the support of that regional public library system. In no event shall the Department of 
129.19 	Education require any city or county to provide a higher level of support than the level of 
129.20 	support specified in this section in order for a system to qualify for regional library basic 
129.21 	system support aid. This section shall not be construed to prohibit a city or county from 
129.22 	providing a higher level of support for public libraries than the level of support specified 
129.23 	in this section.
129.24 	(d) The amounts required to be expended under this section are subject to the reduced 
129.25 	maintenance of effort requirements under section 275.761.

129.26 	Sec. 9. REVISOR INSTRUCTION.
 129.27 	The revisor of statutes shall replace the terms "free lunch," "reduced price lunch,"  
129.28 	"reduced-price lunch," and "free or reduced price lunch" with "free meals," "reduced-price 
129.29 	meals," and "free or reduced-price meals" wherever they appear in Minnesota Statutes when 
129.30 	used in context with the national school lunch and breakfast programs.

APPENDIX 

Repealed Minnesota Statutes: H1269-1 

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. 

122A.07 PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD MEMBERSHIP.Subd. 2a.First appointments. 
(a) The governor shall nominate all members to the Professional Educator Licensing and Standards Board. The terms of the initial board members must be as follows: 

(1) two members must be appointed for terms that expire January 1, 2019; 

(2) three members must be appointed for terms that expire January 1, 2020; 

(3) three members must be appointed for terms that expire January 1, 2021; and 

(4) three members must be appointed for terms that expire January 1, 2022. 

(b) Members of the Board of Teaching as of January 1, 2017, are ineligible for first appointments to the Professional Educator Licensing and Standards Board for four years from September 1, 2017, except that two members of the Board of Teaching as of January 1, 2017, are eligible for appointment under paragraph (a), clause (1). 

122A.091 REPORTS.Subd. 3.School district reports. 
(a) School districts annually by October 1 must report to the Professional Educator Licensing and Standards Board the following information for all teachers who finished the probationary period and accepted a continuing contract position with the district from September 1 of the previous year through August 31 of the current year: 

(1) the effectiveness category or rating of the teacher on the summative evaluation under section 122A.40, subdivision 8, or 122A.41, subdivision 5; 

(2) the licensure area in which the teacher primarily taught during the three-year evaluation cycle; and 

(3) the teacher preparation program preparing the teacher in the teacher's primary areas of instruction and licensure. 

(b) School districts annually by October 1 must report to the Professional Educator Licensing and Standards Board the following information for all probationary teachers in the district who were released or whose contracts were not renewed from September 1 of the previous year through August 31 of the current year: 

(1) the licensure areas in which the probationary teacher taught; and 

(2) the teacher preparation program preparing the teacher in the teacher's primary areas of instruction and licensure. 

(c) School districts annually by October 1 must report to the Board of School Administrators the following information for all school principals and assistant principals who finished the probationary period and accepted a continuing contract position with the district from September 1 of the previous year through August 31 of the current year: 

(1) the effectiveness category or rating of the principal or assistant principal on the summative evaluation under section 123B.147, subdivision 3; and 

(2) the principal preparation program providing instruction to the principal or assistant principal. 

(d) School districts annually by October 1 must report to the Board of School Administrators all probationary school principals and assistant principals in the district who were released or whose contracts were not renewed from September 1 of the previous year through August 31 of the current year. 

Subd. 6.Implementation report. 
By January 1, 2019, the Professional Educator Licensing and Standards Board must prepare a report to the legislature on the implementation of the teacher licensure system established under sections 122A.18 to 122A.184. The report must include the number of applicants for licensure in each tier, the number of applications granted and denied, summary data on the reasons applications were denied, and the status of the board's rulemaking process for all licensure-related rules. 

122A.18 BOARD TO ISSUE LICENSES.Subd. 7c.Temporary military license. 
The Professional Educator Licensing and Standards Board shall establish a temporary license in accordance with section 197.4552 for teaching. The fee for a temporary license under this subdivision shall be $57. The board must provide candidates for a license under this subdivision with information regarding the tiered licensure system provided in sections 122A.18 to 122A.184. 

124D.095 ONLINE LEARNING OPTION.Subdivision 1.Citation. 
This section may be cited as the "Online Learning Option Act." 

Subd. 2.Definitions. 
For purposes of this section, the following terms have the meanings given them. 

(a) "Digital learning" is learning facilitated by technology that offers students an element of control over the time, place, path, or pace of their learning and includes blended and online learning. 

(b) "Blended learning" is a form of digital learning that occurs when a student learns part time in a supervised physical setting and part time through digital delivery of instruction, or a student learns in a supervised physical setting where technology is used as a primary method to deliver instruction. 

(c) "Online learning" is a form of digital learning delivered by an approved online learning provider under paragraph (d). 

(d) "Online learning provider" is a school district, an intermediate school district, an organization of two or more school districts operating under a joint powers agreement, or a charter school located in Minnesota that provides online learning to students and is approved by the department to provide online learning courses. 

(e) "Student" is a Minnesota resident enrolled in a school under section 120A.22, subdivision 4, in kindergarten through grade 12. 

(f) "Online learning student" is a student enrolled in an online learning course or program delivered by an online learning provider under paragraph (d). 

(g) "Enrolling district" means the school district or charter school in which a student is enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance. 

(h) "Supplemental online learning" means an online learning course taken in place of a course period at a local district school. 

(i) "Full-time online learning provider" means an enrolling school authorized by the department to deliver comprehensive public education at any or all of the elementary, middle, or high school levels. 

(j) "Online learning course syllabus" is a written document that an online learning provider transmits to the enrolling district using a format prescribed by the commissioner to identify the state academic standards embedded in an online course, the course content outline, required course assessments, expectations for actual teacher contact time and other student-to-teacher communications, and the academic support available to the online learning student. 

Subd. 3.Authorization; notice; limitations on enrollment. 
(a) A student may apply for full-time enrollment in an approved online learning program under section 124D.03 or 124D.08 or chapter 124E. Notwithstanding sections 124D.03 and 124D.08 and chapter 124E, procedures for enrolling in supplemental online learning are as provided in this subdivision. A student age 17 or younger must have the written consent of a parent or guardian to apply. No school district or charter school may prohibit a student from applying to enroll in online learning. In order to enroll in online learning, the student and the student's parents must submit an application to the online learning provider and identify the student's reason for enrolling. An online learning provider that accepts a student under this section must notify the student and the enrolling district in writing within ten days if the enrolling district is not the online learning provider. The student and the student's parent must notify the online learning provider of the student's intent to enroll in online learning within ten days of being accepted, at which time the student and the student's parent must sign a statement indicating that they have reviewed the online course or program and understand the expectations of enrolling in online learning. The online learning provider must use a form provided by the department to notify the enrolling district of the student's application to enroll in online learning. 

(b) The supplemental online learning notice to the enrolling district when a student applies to the online learning provider will include the courses or program, credits to be awarded, and the start date of the online course or program. An online learning provider must make available the supplemental online course syllabus to the enrolling district. Within 15 days after the online learning provider makes information in this paragraph available to the enrolling district, the enrolling district must notify the online provider whether the student, the student's parent, and the enrolling district agree or disagree that the course meets the enrolling district's graduation requirements. A student may enroll in a supplemental online learning course up to the midpoint of the enrolling district's term. The enrolling district may waive this requirement for special circumstances and with the agreement of the online provider. An online learning course or program that meets or exceeds a graduation standard or the grade progression requirement of the enrolling district as described in the provider's online course syllabus meets the corresponding graduation requirements applicable to the student in the enrolling district. If the enrolling district does not agree that the course or program meets its graduation requirements, then: 

(1) the enrolling district must make available an explanation of its decision to the student, the student's parent, and the online provider; and 

(2) the online provider may make available a response to the enrolling district, showing how the course or program meets the graduation requirements of the enrolling district. 

(c) An online learning provider must notify the commissioner that it is delivering online learning and report the number of online learning students it accepts and the online learning courses and programs it delivers. 

(d) An online learning provider may limit enrollment if the provider's school board or board of directors adopts by resolution specific standards for accepting and rejecting students' applications. 

(e) An enrolling district may reduce an online learning student's regular classroom instructional membership in proportion to the student's membership in online learning courses. 

(f) The online provider must report or make available information on an individual student's progress and accumulated credit to the student, the student's parent, and the enrolling district in a manner specified by the commissioner unless the enrolling district and the online provider agree to a different form of notice and notify the commissioner. The enrolling district must designate a contact person to help facilitate and monitor the student's academic progress and accumulated credits towards graduation. 

Subd. 4.Online learning parameters. 
(a) An online learning student must receive academic credit for completing the requirements of an online learning course or program. Secondary credits granted to an online learning student count toward the graduation and credit requirements of the enrolling district. The enrolling district must apply the same graduation requirements to all students, including online learning students, and must continue to provide nonacademic services to online learning students. If a student completes an online learning course or program that meets or exceeds a graduation standard or the grade progression requirement at the enrolling district, that standard or requirement is met. The enrolling district must use the same criteria for accepting online learning credits or courses as it does for accepting credits or courses for transfer students under section 124D.03, subdivision 9. The enrolling district may reduce the course schedule of an online learning student in proportion to the number of online learning courses the student takes from an online learning provider that is not the enrolling district. 

(b) An online learning student may: 

(1) enroll in supplemental online learning courses equal to a maximum of 50 percent of the student's full schedule of courses per term during a single school year and the student may exceed the supplemental online learning registration limit if the enrolling district permits supplemental online learning enrollment above the limit, or if the enrolling district and the online learning provider agree to the instructional services; 

(2) complete course work at a grade level that is different from the student's current grade level; and 

(3) enroll in additional courses with the online learning provider under a separate agreement that includes terms for paying any tuition or course fees. 

(c) An online learning student has the same access to the computer hardware and education software available in a school as all other students in the enrolling district. An online learning provider must assist an online learning student whose family qualifies for the education tax credit under section 290.0674 to acquire computer hardware and educational software for online learning purposes. 

(d) An enrolling district may offer digital learning to its enrolled students. Such digital learning does not generate online learning funds under this section. An enrolling district that offers digital learning only to its enrolled students is not subject to the reporting requirements or review criteria under subdivision 7, unless the enrolling district is a full-time online learning provider. A teacher with a Minnesota license must assemble and deliver instruction to enrolled students receiving online learning from an enrolling district. The delivery of instruction occurs when the student interacts with the computer or the teacher and receives ongoing assistance and assessment of learning. The instruction may include curriculum developed by persons other than a teacher holding a Minnesota license. 

(e) Both full-time and supplemental online learning providers are subject to the reporting requirements and review criteria under subdivision 7. A teacher holding a Minnesota license must assemble and deliver instruction to online learning students. The delivery of instruction occurs when the student interacts with the computer or the teacher and receives ongoing assistance and assessment of learning. The instruction may include curriculum developed by persons other than a teacher holding a Minnesota license. Unless the commissioner grants a waiver, a teacher providing online learning instruction must not instruct more than 40 students in any one online learning course or program. 

(f) To enroll in more than 50 percent of the student's full schedule of courses per term in online learning, the student must qualify to exceed the supplemental online learning registration limit under paragraph (b) or apply to enroll in an approved full-time online learning program, consistent with subdivision 3, paragraph (a). Full-time online learning students may enroll in classes at a local school under a contract for instructional services between the online learning provider and the school district. 

Subd. 5.Participation in extracurricular activities. 
An online learning student may participate in the extracurricular activities of the enrolling district on the same basis as other enrolled students. 

Subd. 6.Information. 
School districts and charter schools must make available information about online learning to all interested people. 

Subd. 7.Department of Education. 
(a) The department must review and approve or disapprove online learning providers within 90 calendar days of receiving an online learning provider's completed application. The commissioner, using research-based standards of quality for online learning programs, must review all approved online learning providers on a cyclical three-year basis. Approved online learning providers annually must submit program data to, confirm statements of assurances for, and provide program updates including a current course list to the commissioner. 

(b) The online learning courses and programs must be rigorous, aligned with state academic standards, and contribute to grade progression in a single subject. The online learning provider, other than a digital learning provider offering digital learning to its enrolled students only under subdivision 4, paragraph (d), must give the commissioner written assurance that: (1) all courses meet state academic standards; and (2) the online learning curriculum, instruction, and assessment, expectations for actual teacher-contact time or other student-to-teacher communication, and academic support meet nationally recognized professional standards and are described as such in an online learning course syllabus that meets the commissioner's requirements. Once an online learning provider is approved under this paragraph, all of its online learning course offerings are eligible for payment under this section unless a course is successfully challenged by an enrolling district or the department under paragraph (c). 

(c) An enrolling district may challenge the validity of a course offered by an online learning provider. The department must review such challenges based on the approval procedures under paragraph (b). The department may initiate its own review of the validity of an online learning course offered by an online learning provider. 

(d) The department may collect a fee not to exceed $250 for approving online learning providers or $50 per course for reviewing a challenge by an enrolling district. 

(e) The department must develop, publish, and maintain a list of online learning providers that it has reviewed and approved. 

(f) The department may review a complaint about an online learning provider, or a complaint about a provider based on the provider's response to notice of a violation. If the department determines that an online learning provider violated a law or rule, the department may: 

(1) create a compliance plan for the provider; or 

(2) withhold funds from the provider under sections 124D.095, 124E.25, and 127A.42. The department must notify an online learning provider in writing about withholding funds and provide detailed calculations. 

Subd. 8.Financial arrangements. 
(a) For a student enrolled in an online learning course, the department must calculate average daily membership and make payments according to this subdivision. 

(b) The initial online learning average daily membership equals 1/12 for each semester course or a proportionate amount for courses of different lengths. The adjusted online learning average daily membership equals the initial online learning average daily membership times .88. 

(c) No online learning average daily membership shall be generated if: (1) the student does not complete the online learning course, or (2) the student is enrolled in online learning provided by the enrolling district. 

(d) Online learning average daily membership under this subdivision for a student currently enrolled in a Minnesota public school shall be used only for computing average daily membership according to section 126C.05, subdivision 19, paragraph (a), clause (2), and for computing online learning aid according to section 124D.096. 

8710.0500EXAMINATIONS FOR TEACHER LICENSES. Subp. 8.Admission to upper division or graduate coursework.  
Candidates for an initial license shall provide official evidence to the institutions they attend of having taken the examinations adopted under subpart 1, item A, before enrolling in upper division coursework in the professional education sequence. Candidates for an initial license who have a baccalaureate degree shall provide official evidence to the institutions they attend of having taken the examinations adopted under subpart 1, item A, before enrolling in coursework in the professional education sequence. Candidates who fail to achieve the minimum passing score on one or more of the examinations may enroll in upper division or graduate coursework in the professional education sequence; however, candidates must achieve the passing scores established under subpart 3 before recommendation for a first professional teaching license. Colleges and universities must provide candidates who fail the examinations access to opportunities to enhance their skills. 

Subp. 11.Applicants prepared outside Minnesota.  
Applicants for Minnesota licensure who complete teacher preparation outside Minnesota but who have not met the requirements under subpart 1 and who otherwise meet the applicable statutes and rules shall be granted no more than three one-year temporary licenses. An applicant who has not achieved a minimum passing score on the examinations required under subpart 1, may renew a temporary license under this subpart if the applicant provides evidence of having taken all required examinations under subpart 1 and having enrolled in programs designed to assist the applicant to achieve the minimum passing scores. Applicants prepared outside Minnesota who provide evidence of meeting all examination requirements for professional Minnesota licensure shall be granted the professional teaching licenses for which they qualify.