HF 2738

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/24/2025 03:04 p.m.

A bill for an act
relating to education; establishing microcredentials for teachers and administrators
of English learner programs; modifying the English learner revenue formula to
provide additional revenue for a student with limited or interrupted formal
education; creating English learner staff ratio reporting; authorizing rulemaking;
appropriating money; amending Minnesota Statutes 2024, sections 122A.14, by
adding a subdivision; 122A.187, subdivision 3, by adding a subdivision; 122A.19,
by adding a subdivision; 124D.65, subdivision 5, by adding a subdivision; 127A.47,
subdivision 7.

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

Section 1.

Minnesota Statutes 2024, section 122A.14, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin English learner microcredential. new text end

new text begin The board may adopt rules establishing a
voluntary administrative microcredential for English learner and emerging multilingual
learner directors and coordinators.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2024, section 122A.187, subdivision 3, is amended to read:

Subd. 3.

Professional growth.

(a) Applicants for license renewal for a Tier 3 or Tier 4
license under sections 122A.183 and 122A.184, respectively, who have been employed as
a teacher during the renewal period of the expiring license, as a condition of license renewal,
must present to their local continuing education and relicensure committee or other local
relicensure committee evidence of work that demonstrates professional reflection and growth
in best teaching practices, including among other things, cultural competence in accordance
with section 120B.30, subdivision 8 deleted text begin , and practices in meeting the varied needs of English
learners, from young children to adults under section 124D.59, subdivisions 2 and 2a deleted text end . A
teacher may satisfy the requirements of this paragraph by submitting the teacher's most
recent summative evaluation or improvement plan under section 122A.40, subdivision 8,
or 122A.41, subdivision 5.

(b) The Professional Educator Licensing and Standards Board must ensure that its teacher
relicensing requirements include paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for licenses renewed on or after the day
that the rules adopted under section 3 become effective.
new text end

Sec. 3.

Minnesota Statutes 2024, section 122A.187, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin English learners. new text end

new text begin The Professional Educator Licensing and Standards Board
must adopt rules that require all licensed teachers renewing a Tier 1, Tier 2, Tier 3, or Tier
4 teaching license under sections 122A.181 to 122A.184, respectively, to include in their
renewal requirements further preparation in best practices in meeting the varied needs of
English learners, from young children to adults under section 124D.59, subdivisions 2 and
2a. The rules must:
new text end

new text begin (1) require at least five hours of professional development training in content and
pedagogy associated with, at a minimum, the benefits of multilingualism and
multiculturalism, every five years;
new text end

new text begin (2) establish qualifications for a person conducting the training; and
new text end

new text begin (3) require that the training include culturally validating pedagogy training.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2024, section 122A.19, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Microcredentials. new text end

new text begin (a) The board must adopt rules establishing best practices
for teaching English learners in specific content areas. The board must adopt rules
establishing a voluntary microcredential in communication arts and literature, math, science,
and social studies for teachers holding a license in bilingual or bicultural education or English
as a second language. To earn a microcredential, a teacher must demonstrate mastery of the
best practices established in rule for teaching English learners in a specific content area.
new text end

new text begin (b) The board must adopt rules to establish a voluntary microcredential in bilingual or
bicultural education or English as a second language for teachers holding a license in
communication arts and literature, math, science, or social studies. To earn the
microcredential, a teacher must demonstrate mastery of the best practices established in the
rules developed pursuant to paragraph (a) for teaching English learners in the content area
in which the teacher is licensed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2024, section 124D.65, subdivision 5, is amended to read:

Subd. 5.

School district EL revenue.

(a) For deleted text begin fiscal year 2024 through fiscal year 2026, deleted text end new text begin
purposes of this subdivision:
new text end

new text begin (1) the English learner basic revenue allowance equals $1,228 for fiscal year 2024
through fiscal year 2026, and $1,775 for fiscal year 2027 and later; and
new text end

new text begin (2) the English learner concentration allowance equals $436 for fiscal year 2024 through
fiscal year 2026, and $630 for fiscal year 2027 and later.
new text end

new text begin (b) new text end A district's English learner programs revenue equals the sum of:

(1) the product of (i) deleted text begin $1,228 deleted text end new text begin the English learner basic revenue allowance for that year new text end ,
and (ii) the greater of 20 or the adjusted average daily membership of eligible English
learners enrolled in the district during the current fiscal year; deleted text begin and
deleted text end

(2) deleted text begin $436 deleted text end new text begin the English learner concentration allowance new text end times the English learner pupil
units under section 126C.05, subdivision 17 new text begin ; and
new text end

new text begin (3) the number of students with limited or interrupted formal education under section
124D.59, subdivision 2a, times 0.5 times the sum of the English learner basic revenue
allowance for that year and the English learner concentration allowance for that year new text end .

deleted text begin (b) For fiscal year 2027 and later, a district's English learner programs revenue equals
the sum of:
deleted text end

deleted text begin (1) the product of (i) $1,775, and (ii) the greater of 20 or the adjusted average daily
membership of eligible English learners enrolled in the district during the current fiscal
year; and
deleted text end

deleted text begin (2) $630 times the English learner pupil units under section 126C.05, subdivision 17.
deleted text end

new text begin (c) Revenue under paragraph (b), clause (3), must be used only to support the unique
need of students with limited or interrupted formal education.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end A pupil ceases to generate state English learner aid new text begin under this subdivision new text end in the
school year following the school year in which the pupil attains the state cutoff score on a
commissioner-provided assessment that measures the pupil's emerging academic English.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2026 and later.
new text end

Sec. 6.

Minnesota Statutes 2024, section 124D.65, is amended by adding a subdivision to
read:

new text begin Subd. 9a. new text end

new text begin English learner student to English learner staff ratio. new text end

new text begin Each year, a district
receiving revenue under this section must calculate the district's ratio of English learner
students to English learner staff and report that information to the Department of Education
in the form and manner specified by the department. A district with a ratio in excess of 35
English learner students to each one English learner staff person must develop a plan to
increase the district's English learner staff in the following year and submit that plan to the
Department of Education in a form and manner specified by the department.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 7.

Minnesota Statutes 2024, section 127A.47, subdivision 7, is amended to read:

Subd. 7.

Alternative attendance programs.

(a) The general education aid and special
education aid for districts must be adjusted for each pupil attending a nonresident district
under sections 123A.05 to 123A.08, 124D.03, 124D.08, and 124D.68. The adjustments
must be made according to this subdivision.

(b) For purposes of this subdivision, the "unreimbursed cost of providing special
education and services" means the difference between: (1) the actual cost of providing
special instruction and services, including special transportation and unreimbursed building
lease and debt service costs for facilities used primarily for special education, for a pupil
with a disability, as defined in section 125A.02, or a pupil, as defined in section 125A.51,
who is enrolled in a program listed in this subdivision, minus (2) if the pupil receives special
instruction and services outside the regular classroom for more than 60 percent of the school
day, the amount of general education revenue, excluding local optional revenue, plus local
optional aid and referendum equalization aid as defined in section 125A.11, subdivision 1,
paragraph (d), attributable to that pupil for the portion of time the pupil receives special
instruction and services outside of the regular classroom, excluding portions attributable to
district and school administration, district support services, operations and maintenance,
capital expenditures, and pupil transportation, minus (3) special education aid under section
125A.76, excluding cross subsidy reduction aid under section 125A.76, subdivision 2e,
attributable to that pupil, that is received by the district providing special instruction and
services. For purposes of this paragraph, general education revenue and referendum
equalization aid attributable to a pupil must be calculated using the serving district's average
general education revenue and referendum equalization aid per adjusted pupil unit.

(c) deleted text begin For fiscal year 2020, special education aid paid to a resident district must be reduced
by an amount equal to 85 percent of the unreimbursed cost of providing special education
and services. deleted text end For fiscal year 2021 and later, special education aid paid to a resident district
must be reduced by an amount equal to 80 percent of the unreimbursed cost of providing
special education and services.

(d) Notwithstanding paragraph (c), special education aid paid to a resident district must
be reduced by an amount equal to 100 percent of the unreimbursed cost of special education
and services provided to students at an intermediate district, cooperative, or charter school
where the percent of students eligible for special education services is at least 70 percent
of the charter school's total enrollment.

(e) Notwithstanding paragraph (c), special education aid paid to a resident district must
be reduced under paragraph (d) for students at a charter school receiving special education
aid under section 124E.21, subdivision 3, calculated as if the charter school received special
education aid under section 124E.21, subdivision 1.

(f) Special education aid paid to the district or cooperative providing special instruction
and services for the pupil, or to the fiscal agent district for a cooperative, must be increased
by the amount of the reduction in the aid paid to the resident district under paragraphs (c)
and (d). If the resident district's special education aid is insufficient to make the full
adjustment under paragraphs (c), (d), and (e), the remaining adjustment shall be made to
other state aids due to the district.

(g) Notwithstanding paragraph (a), general education aid paid to the resident district of
a nonspecial education student for whom an eligible special education charter school receives
general education aid under section 124E.20, subdivision 1, paragraph (c), must be reduced
by an amount equal to the difference between the general education aid attributable to the
student under section 124E.20, subdivision 1, paragraph (c), and the general education aid
that the student would have generated for the charter school under section 124E.20,
subdivision 1, paragraph (a). For purposes of this paragraph, "nonspecial education student"
means a student who does not meet the definition of pupil with a disability as defined in
section 125A.02 or the definition of a pupil in section 125A.51.

(h) An area learning center operated by a service cooperative, intermediate district,
education district, or a joint powers cooperative may elect through the action of the
constituent boards to charge the resident district tuition for pupils rather than to have the
general education revenue paid to a fiscal agent school district. Except as provided in
paragraph (f), the district of residence must pay tuition equal to at least 90 and no more than
100 percent of the district average general education revenue per pupil unit minus an amount
equal to the product of the formula allowance according to section 126C.10, subdivision 2,
times .0466, calculated without compensatory revenue deleted text begin , local optional revenue, deleted text end and
transportation sparsity revenue, times the number of pupil units for pupils attending the area
learning center.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2026 and later.
new text end

Sec. 8. new text begin APPROPRIATION; BOARD OF SCHOOL ADMINISTRATORS
RULEMAKING.
new text end

new text begin $30,000 in fiscal year 2026 is appropriated from the general fund to the Board of School
Administrators to support the rulemaking process under Minnesota Statutes, section 122A.14,
subdivision 3a. This is a onetime appropriation and is available until June 30, 2026.
new text end

Sec. 9. new text begin APPROPRIATION; PROFESSIONAL EDUCATOR LICENSING AND
STANDARDS BOARD RULEMAKING.
new text end

new text begin $100,000 in fiscal year 2026 is appropriated from the general fund to the Professional
Educator Licensing and Standards Board to support the rulemaking process required under
Minnesota Statutes, section 122A.19, subdivision 7. This is a onetime appropriation and is
available until June 30, 2026.
new text end

Sec. 10. new text begin APPROPRIATION; ENGLISH LEARNER PROGRAMMING.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education in the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin English learner aid for students with limited or interrupted formal
education. new text end

new text begin For additional general education aid under Minnesota Statutes, section 126C.13,
for English learner program aid:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2026 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2027 new text end

new text begin Subd. 3. new text end

new text begin COMPASS and MTSS. new text end

new text begin (a) To support the development and implementation
of the Multitiered System of Support (MTSS) framework and the Collaborative Minnesota
Partnerships to Advance Student Success (COMPASS) school improvement model:
new text end

	new text begin $ new text end	new text begin 13,500,000 new text end	new text begin ..... new text end	new text begin 2026 new text end
	new text begin $ new text end	new text begin 13,500,000 new text end	new text begin ..... new text end	new text begin 2027 new text end

new text begin (b) Of this amount, $5,000,000 each year is to support implementation of MTSS and
COMPASS. Money must be used to support increased capacity at the Department of
Education and the Minnesota Service Cooperatives for implementation supports.
new text end

new text begin (c) Of this amount, $5,000,000 each year is reserved for grants to school districts, charter
schools, and cooperative units as defined in Minnesota Statutes, section 123A.24, subdivision
2, for implementation of MTSS, including:
new text end

new text begin (1) hiring local MTSS coordinators;
new text end

new text begin (2) hiring multilingual specialists;
new text end

new text begin (3) deferring costs for personnel to participate in cohort activities and professional
learning; and
new text end

new text begin (4) piloting a Department of Education One Plan, the consolidation of multiple reporting
structures to streamline various applications, reports, and submissions by school districts
and charter schools.
new text end

new text begin Up to five percent of this amount is available for program and grant administration.
new text end

new text begin (d) Of this amount, $3,000,000 each year must be used to develop a regional network
focusing on mathematics to provide dedicated mathematics trainers and coaches to train
regional support staff from the Minnesota Service Cooperatives to support school leaders
and teachers in implementing evidence-based instructional strategies in mathematics. Money
may also be used to host an annual Mathematics Standards-Based Instructional Institute.
new text end

new text begin (e) Of this amount, $500,000 each year is for the University of Minnesota Center for
Applied Research and Educational Improvement to support implementation and evaluation
of the MTSS framework.
new text end

new text begin (f) Support for school districts, charter schools, and cooperative units under this
subdivision may include but is not limited to:
new text end

new text begin (1) partnering with the Minnesota Service Cooperatives to support districts in
implementing COMPASS to support schools in the areas of literacy, math, social-emotional
learning, and mental health using the MTSS framework;
new text end

new text begin (2) providing support to districts and charter schools identified under Minnesota Statutes,
section 120B.11;
new text end

new text begin (3) providing support to districts and charter schools in streamlining various applications,
reports, and submissions to the Department of Education through One Plan;
new text end

new text begin (4) providing training, guidance, and implementation resources for MTSS, including a
universal screening process approved by the Department of Education to identify students
who may be at risk of experiencing academic, behavioral, and social-emotional development
difficulties;
new text end

new text begin (5) providing guidance to convene school-based teams to analyze data provided by
screenings and resources for related identification, instruction, and intervention methods;
new text end

new text begin (6) dyslexia screening and intervention that are evidence-based;
new text end

new text begin (7) requiring school districts and charter schools to provide parents of students identified
in screenings with notice of screening findings and related support information;
new text end

new text begin (8) requiring districts and charter schools to provide at-risk students with interventions
and to monitor the effectiveness of these interventions and student progress; and
new text end

new text begin (9) developing and annually reporting findings regarding the implementation of MTSS.
new text end

new text begin (g) Any balance in the first year does not cancel but is available in the second year.
new text end