Minnesota LegislatureOffice of the Revisor of Statutes
SF 1740
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/04/2025 02:37 p.m.
1.20 1.21
1.22 1.23 1.24 1.25 1.26 1.27 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14
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4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6 5.7
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10.6 10.7
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21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18
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28.31
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A bill for an act
relating to education; making changes to kindergarten through grade 12 education;
modifying provisions for general education, education excellence, charter schools,
the Read Act, special education, school nutrition, and state agencies; requiring
reports; amending Minnesota Statutes 2024, sections 13.32, subdivision 5; 13.82,
subdivision 1; 120B.021, subdivisions 2, 3; 120B.024, subdivision 2; 120B.11,
subdivision 1; 120B.117, subdivision 4; 120B.119, subdivisions 2a, 10; 120B.12,
subdivisions 1, 2, 2a, 3, 4, 4a; 120B.123, subdivisions 1, 5, 7; 120B.124, subdivision
2; 120B.35, subdivision 3; 121A.031, subdivisions 2, 4, 6; 121A.41, subdivision
10; 121A.49; 124D.09, subdivisions 5, 5a, 5b, 9, 10; 124D.094, subdivision 1;
124D.117, subdivision 2; 124D.119, subdivision 5; 124D.162; 124D.42, subdivision
8; 124D.52, subdivision 2; 124E.02; 124E.03, subdivision 2; 124E.06, subdivision
7, by adding a subdivision; 124E.07, subdivision 8; 124E.16, subdivisions 1, 3,
by adding a subdivision; 124E.26, subdivisions 4, 5, by adding a subdivision;
125A.091, subdivisions 3a, 5; 127A.21, subdivisions 1, 1a, 4, 5, 6, 7, by adding
subdivisions; 127A.49, subdivision 3; 268.19, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapters 13; 121A; 125A; repealing Minnesota
Statutes 2024, section 120B.124, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1.
Minnesota Statutes 2024, section 120B.021, subdivision 2, is amended to read:
Subd. 2.
Standards development.
(a) The commissioner must consider advice from at
least the following stakeholders in developing statewide rigorous core academic standards
in language arts, mathematics, science, social studies, including history, geography,
economics, government and citizenship, health, and the arts:
(1) parents of school-age children and members of the public throughout the state;
(2) teachers throughout the state currently licensed and providing instruction in language
arts, mathematics, science, social studies, health, or the arts and licensed elementary and
secondary school principals throughout the state currently administering a school site;
(3) currently serving members of local school boards and charter school boards throughout
the state;
(4) faculty teaching core subjects at postsecondary institutions in Minnesota;
(5) representatives of the Minnesota business community;
(6) representatives from the Tribal Nations Education Committee and Tribal Nations
and communities in Minnesota, including both Anishinaabe and Dakota; and
(7) current students, with input from the Minnesota Youth Council.
(b) Academic standards must:
(1) be clear, concise, objective, new text begin and new text end measurabledeleted text begin , and grade-level appropriatedeleted text end ;
(2) not require a specific teaching methodology or curriculum; and
(3) be consistent with the Constitutions of the United States and the state of Minnesota.
Sec. 2.
Minnesota Statutes 2024, section 120B.024, subdivision 2, is amended to read:
Subd. 2.
Credit equivalencies.
(a) A one-half credit of economics taught in a school's
agricultural, food, and natural resources education or business education program or
department may fulfill a one-half credit in social studies under subdivision 1, clause (5), if
the credit is sufficient to satisfy all of the academic standards in economics.
(b) An agriculture science or career and technical education credit may fulfill the elective
science credit required under subdivision 1, clause (4), if the credit meets the state physical
science, life science, earth and space science, chemistry, or physics academic standards or
a combination of these academic standards as approved by the district. An agriculture or
career and technical education credit may fulfill the credit in chemistry or physics required
under subdivision 1, clause (4), if the credit meets the state chemistry or physics academic
standards as approved by the district. A student must satisfy either all of the chemistry
academic standards or all of the physics academic standards prior to graduation. An
agriculture science or career and technical education credit may not fulfill the required
biology credit under subdivision 1, clause (4).
(c) A career and technical education credit may fulfill a mathematics or arts credit
requirement under subdivision 1, clause (2) or (6).
(d) An agricultural, food, and natural resources education teacher is not required to meet
the requirements of Minnesota Rules, part 3505.1150, subpart 2, item B, to meet the credit
equivalency requirements of paragraph (b) above.
(e) A computer science credit may fulfill a mathematics credit requirement under
subdivision 1, clause (2), if the credit meets state academic standards in mathematics.
(f) A Project Lead the Way credit may fulfill a science or mathematics credit requirement
under subdivision 1, clause (2) or (4), if the credit meets the state academic standards in
science or mathematics.
(g) An ethnic studies course may fulfill a social studies, language arts, arts, math, or
science credit if the course meets the applicable state academic standards. An ethnic studies
course may fulfill an elective credit if the course meets applicable local standards or other
requirements.
new text begin
(h) A health education teacher is not required to meet the requirements of Minnesota
Rules, part 3505.1150, subpart 2, item B, to meet the credit equivalency requirements of
paragraph (b).
new text end
new text begin
(i) A health science career and technical education credit may fulfill a health or science
credit if the course meets the applicable state and local standards in health or related science
standards.
new text end
Sec. 3.
Minnesota Statutes 2024, section 124D.09, subdivision 5, is amended to read:
Subd. 5.
Authorization; notification.
(a) Notwithstanding any other law to the contrary,
an 11th or 12th grade pupil enrolled in a new text begin district, a charter new text end schoolnew text begin ,new text end or an American
Indian-controlled Tribal contract or grant school eligible for aid under section 124D.83,
except a foreign exchange pupil enrolled in a district under a cultural exchange program,
may apply to an eligible institution, as defined in subdivision 3, to enroll in nonsectarian
courses offered by that postsecondary institution.
(b) If an institution accepts a secondary pupil for enrollment under this section, the
institution shall send written notice to the pupil, the pupil's school or school district, and
the commissioner. The notice must indicate the course and hours of enrollment of that pupil.
The institution must notify the pupil's school as soon as practicable if the pupil withdraws
from the enrolled course. The institution must also notify the pupil's school as soon as
practicable if the pupil has been absent from a course for ten consecutive days on which
classes are held, based upon the postsecondary institution's academic calendar, and the pupil
is not receiving instruction in their home or hospital or other facility.
(c) If the pupil enrolls in a course for postsecondary credit, the institution must notifynew text begin :
new text end
new text begin (1)new text end the pupil about payment in the customary manner used by the institutiondeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(2) the pupil's school as soon as practicable if the pupil withdraws from the course or
stops attending the course.
new text end
Sec. 4.
Minnesota Statutes 2024, section 124D.09, subdivision 5a, is amended to read:
Subd. 5a.
Authorization; career or technical education.
A 10th, 11th, or 12th grade
pupil enrolled in a districtnew text begin , a charter school,new text end or an American Indian-controlled tribal contract
or grant school eligible for aid under section 124D.83, except a foreign exchange pupil
enrolled in a district under a cultural exchange program, may enroll in a career or technical
education course offered by a Minnesota state college or university. A 10th grade pupil
applying for enrollment in a career or technical education course under this subdivision
must have received a passing score on the 8th grade Minnesota Comprehensive Assessment
in reading as a condition of enrollment. A current 10th grade pupil who did not take the 8th
grade Minnesota Comprehensive Assessment in reading may substitute another reading
assessment accepted by the enrolling postsecondary institution. A secondary pupil may
enroll in the pupil's first postsecondary options enrollment course under this subdivision.
A student who is refused enrollment by a Minnesota state college or university under this
subdivision may apply to an eligible institution offering a career or technical education
course. The postsecondary institution must give priority to its students according to
subdivision 9. If a secondary student receives a grade of "C" or better in the career or
technical education course taken under this subdivision, the postsecondary institution must
allow the student to take additional postsecondary courses for secondary credit at that
institution, not to exceed the limits in subdivision 8. A "career or technical course" is a
course that is part of a career and technical education program that provides individuals
with coherent, rigorous content aligned with academic standards and relevant technical
knowledge and skills needed to prepare for further education and careers in current and
emerging professions and provide technical skill proficiency, an industry recognized
credential, and a certificate, a diploma, or an associate degree.
Sec. 5.
Minnesota Statutes 2024, section 124D.09, subdivision 5b, is amended to read:
Subd. 5b.
Authorization; 9th or 10th grade pupil.
Notwithstanding any other law to
the contrary, a 9th or 10th grade pupil enrolled in a districtnew text begin , a charter school,new text end or an American
Indian-controlled tribal contract or grant school eligible for aid under section 124D.83,
except a foreign exchange pupil enrolled in a district under a cultural exchange program,
may apply to enroll in nonsectarian courses offered under subdivision 10, if:
(1) the new text begin district, charter school, or Tribal new text end school deleted text begin districtdeleted text end and the eligible postsecondary
institution providing the course agree to the student's enrollment; or
(2) the course is a world language course currently available to 11th and 12th grade
students, and consistent with section 120B.022 governing world language standards,
certificates, and seals.
Sec. 6.
Minnesota Statutes 2024, section 124D.09, subdivision 9, is amended to read:
Subd. 9.
Enrollment priority.
(a) A postsecondary institution must give priority to its
postsecondary students when enrolling pupils in grades 10, 11, and 12 in its courses. A
postsecondary institution may provide information about its programs to a secondary school
or to a pupil or parent and it may advertise or otherwise recruit or solicit a secondary pupil
to enroll in its programs on educational and programmatic grounds only deleted text begin exceptdeleted text end ,
notwithstanding other law to the contrarydeleted text begin , and for the 2014-2015 through 2019-2020 school
years only, an eligible postsecondary institution may advertise or otherwise recruit or solicit
a secondary pupil residing in a school district with 700 students or more in grades 10, 11,
and 12, to enroll in its programs on educational, programmatic, or financial groundsdeleted text end .
(b) An institution must not enroll secondary pupils, for postsecondary enrollment options
purposes, in remedial, developmental, or other courses that are not college level except
when a student eligible to participate and enrolled in the graduation incentives program
under section 124D.68 enrolls full time in a middle or early college program. A middle or
early college program must be specifically designed to allow the student to earn dual high
school and college credit with a well-defined pathway to allow the student to earn a
postsecondary degree or credential. In this case, the student must receive developmental
college credit and not college credit for completing remedial or developmental courses.
(c) Once a pupil has been enrolled in any postsecondary course under this section, the
pupil must not be displaced by another student.
(d) If a postsecondary institution enrolls a secondary school pupil in a course under this
section, the postsecondary institution also must enroll in the same course an otherwise
enrolled and qualified postsecondary student who qualifies as a veteran under section
197.447, and demonstrates to the postsecondary institution's satisfaction that the institution's
established enrollment timelines were not practicable for that student.
(e) A postsecondary institution must allow secondary pupils to enroll in online courses
under this section consistent with the institution's policy regarding postsecondary pupil
enrollment in online courses.
Sec. 7.
Minnesota Statutes 2024, section 124D.09, subdivision 10, is amended to read:
Subd. 10.
Courses according to agreements.
(a) An eligible pupil, according to
subdivision 5, may enroll in a nonsectarian course taught by a secondary teacher or a
postsecondary faculty member and offered at a secondary new text begin school, charter school, or Tribal
new text end school, or another location, according to an agreement between a public school boardnew text begin , board
of directors, or Tribal schoolnew text end and the governing body of an eligible public postsecondary
system or an eligible private postsecondary institution, as defined in subdivision 3. All
provisions of this section apply to a pupil, public school board, new text begin board of directors, Tribal
council, new text end district, new text begin charter school, or Tribal school, new text end and the governing body of a postsecondary
institution, except as otherwise provided. A secondary school and a postsecondary institution
that enrolls eligible pupils in courses according to agreements must annually report to the
commissioner the participation rates of pupils enrolled in courses according to agreements,
including the number of pupils enrolled and the number of courses taken for postsecondary
or dual credit.
(b) To encourage students, especially American Indian students and students of color,
to consider teaching as a profession, participating deleted text begin schools,deleted text end school districts,new text begin charter schools,
or Tribal schools,new text end and postsecondary institutions are encouraged to develop and offer an
"Introduction to Teaching" or "Introduction to Education" course under this subdivision.
For the purpose of applying for grants under this paragraph, "eligible institution" includes
deleted text begin schools anddeleted text end districtsnew text begin , charter schools, or Tribal schoolsnew text end that partner with an accredited college
or university in addition to postsecondary institutions identified in subdivision 3, paragraph
(a). Grant recipients under this paragraph must annually report to the commissioner in a
form and manner determined by the commissioner on the participation rates of students in
courses under this paragraph, including the number of students who apply for admission to
colleges or universities with teacher preparation programs and the number of students of
color and American Indian students who earned postsecondary credit. Grant recipients must
also describe recruiting efforts intended to ensure that the percentage of participating students
who are of color or American Indian meets or exceeds the overall percentage of students
of color or American Indian students in the school.
Sec. 8.
Minnesota Statutes 2024, section 124D.094, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given.
(b) "Blended instruction" means a form of digital instruction that occurs when a student
learns part time in a supervised physical setting and part time through online instruction
under paragraph (f).
(c) "Digital instruction" means instruction facilitated by technology that offers students
an element of control over the time, place, path, or pace of learning and includes blended
and online instruction.
(d) "Enrolling district" means the school district or charter school in which a student is
enrolled under section deleted text begin 120A.22, subdivision 4deleted text end new text begin 120A.05, subdivision 8, or chapter 124Enew text end .
(e) "Online course syllabus" means a written document that identifies the state academic
standards taught and assessed in a supplemental online course under paragraph (j); course
content outline; required course assessments; instructional methods; communication
procedures with students, guardians, and the enrolling district under paragraph (d); and
supports available to the student.
(f) "Online instruction" means a form of digital instruction that occurs when a student
learns primarily through digital technology away from a supervised physical setting.
(g) "Online instructional site" means a site that offers courses using online instruction
under paragraph (f) and may enroll students receiving online instruction under paragraph
(f).
(h) "Online teacher" means an employee of the enrolling district under paragraph (d) or
the supplemental online course provider under paragraph (k) who holds the appropriate
licensure under Minnesota Rules, chapter 8710, and is trained to provide online instruction
under paragraph (f).
(i) "Student" means a Minnesota resident enrolled in a school defined under section
120A.22, subdivision 4, in kindergarten through grade 12 up to the age of 21.
(j) "Supplemental online course" means an online learning course taken in place of a
course provided by the student's enrolling district under paragraph (d).
(k) "Supplemental online course provider" means a school district, an intermediate school
district, new text begin a state-operated school, new text end an organization of two or more school districts operating
under a joint powers agreement, or a charter school located in Minnesota that is authorized
by the Department of Education to provide supplemental online courses under paragraph
(j).
Sec. 9.
Minnesota Statutes 2024, section 124D.52, subdivision 2, is amended to read:
Subd. 2.
Program approval.
(a) To receive aid under this section, a district, the
Department of Corrections, a private nonprofit organization, or a consortium including
districts, nonprofit organizations, or both must submit an application by June 1 describing
the program, on a form provided by the department. The program must be approved by the
commissioner according to the following criteria:
(1) how the needs of different levels of learning and English language proficiency will
be met;
(2) for continuing programs, an evaluation of results;
(3) anticipated number and education level of participants;
(4) coordination with other resources and services;
(5) participation in a consortium, if any, and money available from other participants;
(6) management and program design;
(7) volunteer training and use of volunteers;
(8) staff development services;
(9) program sites and schedules;
(10) program expenditures that qualify for aid;
(11) program ability to provide data related to learner outcomes as required by law; and
(12) a copy of the memorandum of understanding described in subdivision 1 submitted
to the commissioner.
(b) Adult basic education programs may be approved under this subdivision for up to
deleted text begin fivedeleted text end new text begin sixnew text end years. deleted text begin Five-yeardeleted text end new text begin Six-yearnew text end program approval must be granted to an applicant who
has demonstrated the capacity to:
(1) offer comprehensive learning opportunities and support service choices appropriate
for and accessible to adults at all basic skill and English language levels of need;
(2) provide a participatory and experiential learning approach based on the strengths,
interests, and needs of each adult, that enables adults with basic skill needs to:
(i) identify, plan for, and evaluate their own progress toward achieving their defined
educational and occupational goals;
(ii) master the basic academic reading, writing, and computational skills, as well as the
problem-solving, decision making, interpersonal effectiveness, and other life and learning
skills they need to function effectively in a changing society;
(iii) locate and be able to use the health, governmental, and social services and resources
they need to improve their own and their families' lives; and
(iv) continue their education, if they desire, to at least the level of secondary school
completion, with the ability to secure and benefit from continuing education that will enable
them to become more employable, productive, and responsible citizens;
(3) plan, coordinate, and develop cooperative agreements with community resources to
address the needs that the adults have for support services, such as transportation, English
language learning, flexible course scheduling, convenient class locations, and child care;
(4) collaborate with business, industry, labor unions, and employment-training agencies,
as well as with family and occupational education providers, to arrange for resources and
services through which adults can attain economic self-sufficiency;
(5) provide sensitive and well trained adult education personnel who participate in local,
regional, and statewide adult basic education staff development events to master effective
adult learning and teaching techniques;
(6) participate in regional adult basic education peer program reviews and evaluations;
(7) submit accurate and timely performance and fiscal reports;
(8) submit accurate and timely reports related to program outcomes and learner follow-up
information; and
(9) spend adult basic education aid on adult basic education purposes only, which are
specified in sections 124D.518 to 124D.531.
(c) The commissioner shall require each district to provide notification by February 1,
of its intent to apply for funds under this section as a single district or as part of a consortium.
A district receiving funds under this section must notify the commissioner by February 1
of its intent to change its application status for applications due the following June 1.
Sec. 10. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must substitute the term "district, charter school, or Tribal school"
for "district" or "school district" wherever the terms appear in Minnesota Statutes, section
124D.09, subdivisions 3, 4, 6, 7, 8, 9, 11a, 12, 13, 16, 21, and 24, and section 124D.091.
The revisor may also make grammatical changes related to the change in terms.
new text end
ARTICLE 2
EDUCATION EXCELLENCE
Section 1.
Minnesota Statutes 2024, section 120B.11, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of this section and section 120B.10, the
following terms have the meanings given them.
(a) "Instruction" means methods of providing learning experiences that enable a student
to meet state and district academic standards and graduation requirements including applied
and experiential learning.
(b) "Curriculum" means district or school adopted programs and written plans for
providing students with learning experiences that lead to expected knowledge and skills
and career and college readiness.
(c) "Comprehensive achievement and civic readiness" means striving to: deleted text begin meet school
readiness goalsdeleted text end new text begin support successful learners through inclusive, quality, developmentally
appropriate early learning experiencesnew text end ; close the academic achievement gap among all racial
and ethnic groups of students and between students living in poverty and students not living
in poverty; have all students attain career and college readiness before graduating from high
school; have all students graduate from high school; and prepare students to be lifelong
learners.
(d) "Experiential learning" means learning for students that includes career exploration
through a specific class or course or through work-based experiences such as job shadowing,
mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative
work experience, youth apprenticeship, or employment.
(e) "Ethnic studies" as defined in section 120B.25 has the same meaning for purposes
of this section. Ethnic studies curriculum may be integrated in existing curricular
opportunities or provided through additional curricular offerings.
(f) "Antiracist" means actively working to identify and eliminate racism in all forms in
order to change policies, behaviors, and beliefs that perpetuate racist ideas and actions.
(g) "Culturally sustaining" means integrating content and practices that infuse the culture
and language of Black, Indigenous, and People of Color communities who have been and
continue to be harmed and erased through the education system.
(h) "Institutional racism" means structures, policies, and practices within and across
institutions that produce outcomes that disadvantage those who are Black, Indigenous, and
People of Color.
Sec. 2.
Minnesota Statutes 2024, section 120B.35, subdivision 3, is amended to read:
Subd. 3.
State growth measures; other state measures.
(a)(1) The state's educational
assessment system measuring individual students' educational growth is based on indicators
of current achievement that show growth relative to an individual student's prior achievement.
Indicators of achievement and prior achievement must be based on highly reliable statewide
or districtwide assessments.
(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and
report separate categories of information using the student categories identified under the
federal Elementary and Secondary Education Act, as most recently reauthorized, and, in
addition to "other" for each race and ethnicity, and the Karen community, seven of the most
populous Asian and Pacific Islander groups, three of the most populous Native groups,
seven of the most populous Hispanic/Latino groups, and five of the most populous Black
and African Heritage groups as determined by the total Minnesota population based on the
most recent American Community Survey; English learners under section 124D.59; home
language; free or reduced-price meals; and all students enrolled in a Minnesota public school
who are currently or were previously in foster care, except that such disaggregation and
cross tabulation is not required if the number of students in a category is insufficient to yield
statistically reliable information or the results would reveal personally identifiable information
about an individual student.
(b) The commissioner, in consultation with a stakeholder group that includes assessment
and evaluation directors, district staff, experts in culturally responsive teaching, and
researchers, must implement an appropriate growth model that compares the difference in
students' achievement scores over time, and includes criteria for identifying schools and
school districts that demonstrate academic progress or progress toward English language
proficiency. The model may be used to advance educators' professional development and
replicate programs that succeed in meeting students' diverse learning needs. Data on
individual teachers generated under the model are personnel data under section 13.43. The
model must allow users to:
(1) report student growth consistent with this paragraph; and
(2) for all student categories, report and compare aggregated and disaggregated state
student growth and, under section 120B.11, subdivision 2, clause (2), student learning and
outcome data using the student categories identified under the federal Elementary and
Secondary Education Act, as most recently reauthorized, and other student categories under
paragraph (a), clause (2).
The commissioner must report measures of student growth and, under section 120B.11,
subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph,
including the English language development, academic progress, and oral academic
development of English learners and their native language development if the native language
is used as a language of instruction, and include data on all pupils enrolled in a Minnesota
public school course or program who are currently or were previously counted as an English
learner under section 124D.59.new text begin Additionally, language development outcomes of the target
language of instruction other than English for all students who are in dual language immersion
programs or enrolled in a Minnesota public school course or program in which the objective
is improving or maintaining the students' native language must be reported.
new text end
(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:
(1) a preparation measure indicating the number and percentage of high school graduates
in the most recent school year who completed course work important to preparing them for
postsecondary academic and career opportunities, consistent with the core academic subjects
required for admission to Minnesota's public colleges and universities as determined by the
Office of Higher Education under chapter 136A; and
(2) a rigorous coursework measure indicating the number and percentage of high school
graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.
When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and other student categories under paragraph (a), clause (2).
(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school safety
and students' engagement and connection at school, consistent with the student categories
identified under paragraph (a), clause (2). The summary data under this paragraph are
separate from and must not be used for any purpose related to measuring or evaluating the
performance of classroom teachers. The commissioner, in consultation with qualified experts
on student engagement and connection and classroom teachers, must identify highly reliable
variables that generate summary data under this paragraph. The summary data may be used
at school, district, and state levels only. Any data on individuals received, collected, or
created that are used to generate the summary data under this paragraph are nonpublic data
under section 13.02, subdivision 9.
(e) For purposes of statewide educational accountability, the commissioner must identify
and report measures that demonstrate the success of learning year program providers under
sections 123A.05 and 124D.68, among other such providers, in improving students'
graduation outcomes. The commissioner, beginning July 1, 2015, must annually report
summary data on:
(1) the four- and six-year graduation rates of students under this paragraph;
(2) the percent of students under this paragraph whose progress and performance levels
are meeting career and college readiness benchmarks under section 120B.307; and
(3) the success that learning year program providers experience in:
(i) identifying at-risk and off-track student populations by grade;
(ii) providing successful prevention and intervention strategies for at-risk students;
(iii) providing successful recuperative and recovery or reenrollment strategies for off-track
students; and
(iv) improving the graduation outcomes of at-risk and off-track students.
The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.
(f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of all English
learners enrolled in a Minnesota public school course or program who are currently or were
previously counted as an English learner under section 124D.59, must identify and report
appropriate and effective measures to improve current categories of language difficulty and
assessments, and monitor and report data on students' English proficiency levels, program
placement, and academic language development, including oral academic language.
(g) When reporting four- and six-year graduation rates, the commissioner or school
district must disaggregate the data by student categories according to paragraph (a), clause
(2).
(h) A school district must inform parents and guardians that volunteering information
on student categories not required by the most recent reauthorization of the Elementary and
Secondary Education Act is optional and will not violate the privacy of students or their
families, parents, or guardians. The notice must state the purpose for collecting the student
data.
Sec. 3.
Minnesota Statutes 2024, section 121A.031, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) For purposes of this section, the following terms have the
meanings given them.
(b) "District" means a district under section 120A.05, subdivision 8.
(c) "Public school" or "school" means a public school under section 120A.05, subdivisions
9, 11, 13, and 17, and a charter school under chapter 124E.
(d) "Student" means a student enrolled in a school under paragraph (c).
(e) "Bullying" means intimidating, threatening, abusive, or harming conduct that is
objectively offensive and:
(1) there is an actual or perceived imbalance of power between the student engaging in
prohibited conduct and the target of the behavior and the conduct is repeated or forms a
pattern; or
(2) materially and substantially interferes with a student's educational opportunities or
performance or ability to participate in school functions or activities or receive school
benefits, services, or privileges.
(f) "Cyberbullying" means bullying using technology or other electronic communication,
including but not limited to a transfer of a sign, signal, writing, image, sound, or data,
including a post on a social network Internet website or forum, transmitted through a
computer, cell phone, or other electronic device.
(g) Intimidating, threatening, abusive, or harming conduct may involve, but is not limited
to, conduct that causes physical harm to a student or a student's property or causes a student
to be in reasonable fear of harm to person or property; under Minnesota common law,
violates a student's reasonable expectation of privacy, defames a student, or constitutes
intentional infliction of emotional distress against a student; is directed at any student or
students, including those based on a person's actual or perceived race, ethnicity, color, creed,
religion, national origin, immigration status, sex, marital status, familial status, socioeconomic
status, physical appearance, sexual orientation, including gender identity and expression,
academic status related to student performance, disability, or status with regard to public
assistance, age, or any additional characteristic defined in chapter 363A. However, prohibited
conduct need not be based on any particular characteristic defined in this paragraph or
chapter 363A.
(h) "Prohibited conduct" means bullying or cyberbullying as defined under this
subdivision or retaliation for asserting, alleging, reporting, or providing information about
such conduct or knowingly making a false report about bullying.
(i) "Remedial response" means a measure to stop and correct prohibited conduct, prevent
prohibited conduct from recurring, and protect, support, and intervene on behalf of the
student who is the target of the prohibited conduct.new text begin Remedial responses may include but
are not limited to nonexclusionary disciplinary policies and practices as defined in sections
121A.41, subdivision 12, and 121A.425, subdivision 2, and comprehensive school mental
health systems under section 121A.211.
new text end
new text begin
(j) "Familial status" means the condition of one or more minors being domiciled having
legal status or custody with (1) the minor's parent or parents or the minor's legal guardian
or guardians, or (2) the designee of the parent or parents or guardian or guardians with the
written permission of the parent or parents or guardian or guardians.
new text end
Sec. 4.
Minnesota Statutes 2024, section 121A.031, subdivision 4, is amended to read:
Subd. 4.
Local policy components.
(a) Each district and school policy implemented
under this section must, at a minimum:
(1) designate a staff member as the primary contact person in the school building to
receive reports of prohibited conduct under clause (3), ensure the policy and its procedures
including restorative practices, consequences, and sanctions are fairly and fully implemented,
and serve as the primary contact on policy and procedural matters implicating both the
district or school and the department;
(2) require school employees who witness prohibited conduct or possess reliable
information that would lead a reasonable person to suspect that a student is a target of
prohibited conduct to make reasonable efforts to address and resolve the prohibited conduct;
(3) provide a procedure to begin to investigate reports of prohibited conduct within three
school days of the report, and make the primary contact person responsible for the
investigation and any resulting record and for keeping and regulating access to any record;
(4) indicate how a school will respond to an identified incident of prohibited conduct,
including immediately intervening to protect the target of the prohibited conduct; at the
school administrator's discretion and consistent with state and federal data practices law
governing access to data, including section 13.02, subdivision 8, a presumption that a district
or school official will notify the deleted text begin parentdeleted text end new text begin individuals with familial statusnew text end of the reported target
of the prohibited conduct and the deleted text begin parentdeleted text end new text begin individuals with familial statusnew text end of the actor engaged
in the prohibited conduct; providing other remedial responses to the prohibited conduct;
and ensuring that remedial responses are tailored to the particular incident and nature of the
conduct and the student's developmental age and behavioral history;
(5) prohibit reprisals or retaliation against any person who asserts, alleges, or reports
prohibited conduct or provides information about such conduct and establish appropriate
consequences for a person who engages in reprisal or retaliation;
(6) allow anonymous reporting but do not rely solely on an anonymous report to
determine discipline;
(7) provide information about available community resources to the target, actor, and
other affected individuals, as appropriate;
(8) where appropriate for a child with a disability to prevent or respond to prohibited
conduct, allow the child's individualized education program or section 504 plan to address
the skills and proficiencies the child needs to respond to or not engage in prohibited conduct;
(9) use new employee training materials, the school publication on school rules,
procedures, and standards of conduct, and the student handbook on school policies to
publicize the policy;
(10) require ongoing professional development, consistent with section 122A.60, to
build the skills of all school personnel who regularly interact with students, including but
not limited to educators, administrators, school counselors, social workers, psychologists,
other school mental health professionals, school nurses, cafeteria workers, custodians, bus
drivers, athletic coaches, extracurricular activities advisors, and paraprofessionals to identify,
prevent, and appropriately address prohibited conduct;
(11) allow the alleged actor in an investigation of prohibited conduct to present a defense;
and
(12) inform affected students and their parents of their rights under state and federal
data practices laws to obtain access to data related to the incident and their right to contest
the accuracy or completeness of the data.
(b) Professional development under a local policy includes, but is not limited to,
information about:
(1) developmentally appropriate strategies both to prevent and to immediately and
effectively intervene to stop prohibited conduct;
(2) the complex dynamics affecting an actor, target, and witnesses to prohibited conduct;
(3) research on prohibited conduct, including specific categories of students at risk for
prohibited conduct in school;
(4) the incidence and nature of cyberbullying; and
(5) Internet safety and cyberbullying.
Sec. 5.
Minnesota Statutes 2024, section 121A.031, subdivision 6, is amended to read:
Subd. 6.
State model policy.
(a) The commissioner, in consultation with the
commissioner of human rights, shall develop and maintain a state model policy. A district
or school that does not adopt and implement a local policy under subdivisions 3 to 5 must
implement and may supplement the provisions of the state model policy. The commissioner
must assist districts and schools under this subdivision to implement the state policy. The
state model policy must:
(1) define prohibited conduct, consistent with this section;
(2) apply the prohibited conduct policy components in this section;
(3) for a child with a disability, whenever an evaluation by an individualized education
program team or a section 504 team indicates that the child's disability affects the child's
social skills development or the child is vulnerable to prohibited conduct because of the
child's disability, the child's individualized education program or section 504 plan may
address the skills and proficiencies the child needs to not engage in and respond to such
conduct; and
(4) encourage violence prevention and character development education programs under
section 120B.232, subdivision 1.
(b) The commissioner shall develop and post departmental procedures for:
(1) periodically reviewing district and school programs and policies for compliance with
this section;
(2) deleted text begin investigatingdeleted text end new text begin assessing, evaluatingnew text end , reporting, and responding to noncompliance with
this section, which may include an annual review of plans to improve and provide a safe
and supportive school climate; and
(3) allowing students, parents, and educators to file a complaint about noncompliance
with the commissioner.
(c) The commissioner must post on the department's website information indicating that
when districts and schools allow non-curriculum-related student groups access to school
facilities, the district or school must give all student groups equal access to the school
facilities regardless of the content of the group members' speech.
(d) The commissioner must develop and maintain resources to assist a district or school
in implementing strategies for creating a positive school climate and use evidence-based,
social-emotional learning to prevent and reduce discrimination and other improper conduct.
Sec. 6.
new text begin
[121A.211] COMPREHENSIVE SCHOOL MENTAL HEALTH SYSTEMS.
new text end
new text begin
Comprehensive School Mental Health Systems (CSMHS) provide a full array of supports
and services that promote positive school climate, social and emotional learning, and mental
health and well-being, while reducing the prevalence and severity of mental illness. CSMHS
are an effective and broad multitiered system of supports approach to caring for the needs
of all students. CSMHS are school-community collaborations that provide a continuum of
mental health services across all three tiers of care for all students. CSMHS help support
early identification and interventions for those students at risk and indicated treatments for
those students with more intensive needs. These collaborations occur between district and
school professionals and educators and students, families, and broader community and
mental health partners to better identify and address all factors and systems that influence
mental health outcomes. Core features of CSMHS include well-trained educators and
specialized support personnel, including school social workers, school psychologists, school
counselors, and school nurses; collaboration and teaming, including school-linked mental
health providers; family, school, and community partnerships; needs assessment and resource
mapping; alignment with Minnesota multitiered system of supports; mental health screening;
culturally responsive, evidence-based practices and emerging best practices; data outcomes,
data systems, and data-driven decision making; and funding and sustainability.
new text end
Sec. 7.
Minnesota Statutes 2024, section 121A.41, subdivision 10, is amended to read:
Subd. 10.
Suspension.
"Suspension" means an action by the school administration,
under rules promulgated by the school board, prohibiting a pupil from attending school for
a period of no more than ten school days. If a suspension is longer than five days, the
suspending administrator must provide the superintendent with a reason for the longer
suspension. This definition does not apply to dismissal from school for deleted text begin one school day ordeleted text end
lessnew text begin than one school daynew text end , except as provided in federal law for a student with a disability.
Each suspension action may include a readmission plan. The readmission plan shall include,
where appropriate, a provision for implementing alternative educational services upon
readmission and may not be used to extend the current suspension. Consistent with section
125A.091, subdivision 5, the readmission plan must not obligate a parent to provide a
sympathomimetic medication for the parent's child as a condition of readmission. The school
administration may not impose consecutive suspensions against the same pupil for the same
course of conduct, or incident of misconduct, except where the pupil will create an immediate
and substantial danger to self or to surrounding persons or property, or where the district is
in the process of initiating an expulsion, in which case the school administration may extend
the suspension to a total of 15 school days.
Sec. 8.
Minnesota Statutes 2024, section 124D.162, is amended to read:
124D.162 KINDERGARTEN deleted text begin ENTRYdeleted text end new text begin FALLnew text end ASSESSMENT.
Subdivision 1.
Assessment required.
The commissioner of education must implement
a kindergarten deleted text begin entrydeleted text end new text begin fallnew text end assessment of incoming kindergartners to identify the percent of
kindergartners who meet or exceed end-of-year prekindergarten early learning standards.
Subd. 2.
Process.
(a) School districts and charter schools must choose a new text begin fall new text end kindergarten
deleted text begin entrydeleted text end assessment tool deleted text begin from a menu of valid and reliable measurement instrumentsdeleted text end approved
by the department that:
(1) deleted text begin aredeleted text end new text begin isnew text end aligned to the state early childhood indicators of progress and kindergarten
standards and deleted text begin aredeleted text end new text begin isnew text end based on the criteria to be an early learning assessment approved by
the department;
(2) deleted text begin supportdeleted text end new text begin supportsnew text end the new text begin striving for new text end comprehensive achievement and civic readiness
new text begin plan new text end goals in section 120B.11, subdivision 1, paragraph (c); and
(3) deleted text begin aredeleted text end new text begin isnew text end based, in part, on information collected from teachers, early learning
professionals, families, and other partners.
(b) The department must provide technical assistance and professional development
related to the assessment required under this section to educators, school districts, and charter
schools.
Subd. 3.
Reporting.
School districts and charter schools must annually report the results
of new text begin fall new text end kindergarten deleted text begin entrydeleted text end assessments to the department in a form and manner determined
by the commissioner that is concurrent with a district's and charter school's comprehensive
achievement and civic readiness deleted text begin reportdeleted text end new text begin plannew text end under section 120B.11, subdivision 5. The
commissioner must publicly report new text begin fall new text end kindergarten deleted text begin readinessdeleted text end new text begin assessmentnew text end results as part of
the performance reports required under section 120B.36 and in a manner consistent with
section 120B.35, subdivision 3, paragraph (a), clause (2).
Subd. 4.
Implementation.
The requirements under this section must be phased in over
deleted text begin threedeleted text end new text begin fournew text end school years with all school districts and charter schools complying beginning
with the deleted text begin 2025-2026deleted text end new text begin 2026-2027new text end school year.
ARTICLE 3
CHARTER SCHOOLS
Section 1.
Minnesota Statutes 2024, section 124E.02, is amended to read:
124E.02 DEFINITIONS.
(a) For purposes of this chapter, the terms defined in this section have the meanings
given them.
(b) "Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under section 124E.06, subdivision 4, attesting to
its review and approval process before chartering a school.
(c) "Affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person.
(d) "Charter management organization" or "CMO" means a nonprofit entity or
organization that operates or manages a charter school or a network of charter schools or
can control all or substantially all of a school's education program or a school's administrative,
financial, business, or operational functions.
new text begin
(e) "Competitive procurement process" means a process for procurement by sealed bids
or by proposals under section 124E.26, subdivision 4a.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end "Control" means the ability to affect the management, operations, or policy actions
or decisions of a person, whether by owning voting securities, by contract, or otherwise.
deleted text begin (f)deleted text end new text begin (g)new text end "Educational management organization" or "EMO" means a for-profit entity or
organization that operates or manages a charter school or a network of charter schools or
can control all or substantially all of a school's education program, or a school's
administrative, financial, business, or operational functions.
deleted text begin (g)deleted text end new text begin (h)new text end "Immediate family member" means any relationship by blood, marriage, adoption,
or partnership of spouses, parents, grandparents, siblings, children, first cousins, aunts,
uncles, grandchildren, nieces, and nephews.
deleted text begin (h)deleted text end new text begin (i)new text end "Market need and demand study" means a study that includes the following for
the proposed locations of the school or additional sitenew text begin that supports all of the proposed
grades, sites, and programsnew text end :
(1) current and projected demographic information;
(2) student enrollment patterns;
(3) information on existing schools and types of educational programs currently available;
(4) characteristics of proposed students and families;
(5) availability of properly zoned and classified facilities; and
(6) quantification of existing demand for the school or site.
deleted text begin (i)deleted text end new text begin (j)new text end "Person" means an individual or entity of any kind.
deleted text begin (j)deleted text end new text begin (k)new text end "Related party" means an affiliate or immediate family member of the other
interested party, an affiliate of an immediate family member who is the other interested
party, or an immediate family member of an affiliate who is the other interested party.
deleted text begin (k)deleted text end new text begin (l)new text end For purposes of this chapter, the terms defined in section 120A.05 have the same
meanings.
Sec. 2.
Minnesota Statutes 2024, section 124E.03, subdivision 2, is amended to read:
Subd. 2.
Certain federal, state, and local requirements.
(a) A charter school shall
meet all federal, state, and local health and safety requirements applicable to school districts.
(b) A new text begin charter new text end school must comply with deleted text begin statewide accountability requirements governing
standards and assessments indeleted text end chapter 120B.
(c) A charter school must comply with the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.
(d) A charter school is a district for the purposes of tort liability under chapter 466.
(e) A charter school must comply with the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.
(f) A charter school and charter school board of directors must comply with chapter 181
governing requirements for employment.
(g) A charter school must comply with continuing truant notification under section
260A.03.
(h) A charter school must develop and implement a teacher evaluation and peer review
process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place
students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d).
The teacher evaluation process in this paragraph does not create any additional employment
rights for teachers.
(i) A charter school must adopt a plan, budget, and process, consistent with section
120B.11, to review curriculum, instruction, and student achievement and strive for
comprehensive achievement and civic readiness.
(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act,
sections 121A.40 to 121A.56 and 121A.575, 121A.60, 121A.61, and 121A.65.
new text begin
(k) A charter school must comply with the limits on screen time for children in preschool,
prekindergarten, and kindergarten under section 124D.166.
new text end
Sec. 3.
Minnesota Statutes 2024, section 124E.06, subdivision 7, is amended to read:
Subd. 7.
Merger.
(a) Two or more charter schools may merge under chapter 317A. The
effective date of a merger must be July 1. The merged school must continue under the
identity of one of the merging schools. The authorizer and the merged school must execute
a new charter contract under section 124E.10, subdivision 1, by deleted text begin Julydeleted text end new text begin Junenew text end 1. The authorizer
must submit to the commissioner a copy of the new signed charter contract within ten
business days of executing the contract.
(b) Each merging school must submit a separate year-end report for the previous fiscal
year for that school only. After the final fiscal year of the premerger schools is closed out,
each of those schools must transfer the fund balances and debts to the merged school.
(c) For its first year of operation, the merged school is eligible to receive aid from
programs requiring approved applications equal to the sum of the aid of all of the merging
schools. For aids based on prior year data, the merged school is eligible to receive aid for
its first year of operation based on the combined data of all of the merging schools.
Sec. 4.
Minnesota Statutes 2024, section 124E.06, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Change in location. new text end
new text begin
A developing, preoperational, or operational charter school
with an approved affidavit must apply to its authorizer to change the charter school's location
by submitting documentation, including a revised market need and demand study, to the
authorizer for authorizer review and approval. The authorizer must establish a review process
to ensure the location change will address market need and demand as well as the charter
school's ongoing viability.
new text end
Sec. 5.
Minnesota Statutes 2024, section 124E.07, subdivision 8, is amended to read:
Subd. 8.
Meetings and information.
(a) Board of director meetings must comply with
chapter 13D governing open meetings.
(b) new text begin Charter school board meetings shall be recorded by video recording including audio
at the expense of the governing body. new text end A charter school shall publish and maintain on the
school's official website: (1) new text begin the recordings of board meetings; (2) new text end the meeting minutes of
the board of directors and of deleted text begin members anddeleted text end committees having board-delegated authority,
within 30 days following the earlier of the date of board approval or the next regularly
scheduled meeting, and for at least 365 days from the date of publication; deleted text begin (2)deleted text end new text begin (3)new text end directory
information for the board of directors and for the members of committees having
board-delegated authority; and deleted text begin (3)deleted text end new text begin (4)new text end identifying and contact information for the school's
authorizer.
(c) A charter school must include identifying and contact information for the school's
authorizer in other school materials it makes available to the public.
Sec. 6.
Minnesota Statutes 2024, section 124E.16, subdivision 1, is amended to read:
Subdivision 1.
Audit report.
(a) A charter school is subject to the same financial audits,
audit procedures, and audit requirements as a district, except as required under this
subdivision. Audits must be conducted in compliance with generally accepted governmental
auditing standards, the federal Single Audit Act, if applicable, and section 6.65 governing
auditing procedures. The audit must comply with the requirements of sections 123B.75 to
123B.83 governing school district finance, except when the commissioner and authorizer
approve a deviation made necessary because of school program finances. The commissioner,
state auditor, legislative auditor, or authorizer may conduct financial, program, or compliance
audits. A charter school in statutory operating debt under sections 123B.81 to 123B.83 must
submit a plan under section 123B.81, subdivision 4.
(b) The charter school must submit an audit reportnew text begin , including all supplemental information
included with the audit,new text end to the commissioner and its authorizer annually by December 31.
(c) The charter school, with the assistance of the auditor conducting the audit, must
include with the report, as supplemental information: (1) a copy of deleted text begin a newdeleted text end new text begin anynew text end management
agreement deleted text begin or an amendment to a current agreementdeleted text end with a CMO or EMO deleted text begin signed during the
audit yeardeleted text end ; and (2) a copy of a service agreement or contract with a company or individual
totaling over five percent of the audited expenditures for the most recent audit year. The
agreements must detail the terms of the agreement, including the services provided and the
annual costs for those services.
(d) A charter school independent audit report shall include audited financial data of an
affiliated building corporation under section 124E.13, subdivision 3, or other component
unit.
(e) If the audit report finds that a material weakness exists in the financial reporting
systems of a charter school, the charter school must submit a written report to the
commissioner explaining how the charter school will resolve that material weakness. An
auditor, as a condition of providing financial services to a charter school, must agree to
make available information about a charter school's financial audit to the commissioner and
authorizer upon request.
Sec. 7.
Minnesota Statutes 2024, section 124E.16, subdivision 3, is amended to read:
Subd. 3.
Public accounting and reporting CMO and EMO agreements.
(a) A charter
school that enters into a management agreement with a CMO or EMO must:
(1) publish on the charter school website for at least 20 business days the proposed final
agreement for public review and comment before the school board may adopt the contract
or agreement. Any changes made to the posted agreement during the public review period
or any proposed amendments to the agreement once adopted must be posted for 20 business
days before the board may adopt the amendments to the contract;
(2) annually publish on the charter school website a statement of assurance that no
member of the school board, staff, or any agent of the school has been promised or received
any form of compensation or gifts from the CMO or EMO and that no board member,
employee, or agent of the CMO or EMO or any of the organization affiliates or providers
serve on the charter school board; and
(3) conduct an independent review and evaluation of the services provided by the CMO
or EMO and publish the evaluation on the school's website at least 30 business days before
the end of the current contract.
(b) A management agreement with a CMO or EMO must contain the following:
(1) the term of the contract, not to exceed five years;
(2) the total dollar value of the contract including the annual projected costs of services;
(3) a description and terms of the services to be provided during the term of the contract;
(4) notice that a charter school closure during the term of the contract by action of the
authorizer or the school's board results in the balance of the current contract becoming null
and void;
(5) an annual statement of assurance to the charter school board that the CMO or EMO
provided no compensation or gifts to any charter school board member, staff member, or
agent of the charter school;
(6) an annual statement of assurance that no deleted text begin charter schooldeleted text end board member, employee,
contractor, or agent of the CMO or EMO or any affiliated organization is a board member
of the charter school or any other charter school;
(7) the policies and protocols that meet federal and state laws regarding student and
personnel data collection, usage, access, retention, disclosure and destruction, and
indemnification and warranty provisions in case of data breaches by the CMO or EMO;
and
(8) an annual assurance that all assets purchased on behalf of the charter school using
public funds remain assets of the school.
(c) The CMO or EMO must annually provide the charter school board a financial report
by July 31 that accounts for income and expenditures for the previous fiscal year using the
account categories in uniform financial accounting and reporting standards.
(d) Any agreement with a CMO or EMO containing any of the following provisions is
null and void:
(1) restrictions on the charter school's ability to operate a school upon termination of
the agreement;
(2) restrictions on the annual or total amount of the school's operating surplus or fund
balance;
(3) authorization to allow a CMO or EMO to withdraw funds from a charter school
account; or
(4) authorization to allow a CMO or EMO to loan funds to the charter school.
(e) A CMO or EMO or its affiliates, employees, or agents may not contract with, be
employed by, or serve on the board of an authorizer. An authorizer or its affiliates, employees,
or agents may not contract with, be employed by, serve as a paid consultant for, or serve as
a board member of a CMO or EMO.
Sec. 8.
Minnesota Statutes 2024, section 124E.16, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Authorizer performance evaluation report. new text end
new text begin
(a) A charter school must publish
on its website the formal written performance evaluation from its authorizer and disseminate
the evaluation to enrolled families in languages parents understand.
new text end
new text begin
(b) Evaluations must be published on the charter school's website within 15 business
days of receipt of the evaluation by the charter school.
new text end
Sec. 9.
Minnesota Statutes 2024, section 124E.26, subdivision 4, is amended to read:
Subd. 4.
Required policy components.
A charter school procurement policy must at a
minimum include:
(1) conflict of interest provisions consistent with section 124E.14;
(2) thresholds for purchases by employees without board approval;
(3) thresholds for purchases that require competitive deleted text begin biddingdeleted text end new text begin procurement new text end processesnew text begin as
defined in section 124E.02, paragraph (e)new text end , except that a competitive deleted text begin biddingdeleted text end new text begin procurement
new text end process must occur for any procurement estimated to exceed $25,000; and
(4) a prohibition on breaking up a procurement into smaller components to avoid the
thresholds established in clauses (2) and (3).
new text begin
Notwithstanding clause (3), for a procurement estimated to exceed $25,000 but not $175,000,
the purchase may be made either by a competitive procurement process, or by direct
negotiation by obtaining two or more bids or proposals for the purchase or sale when possible
and without advertising for bids or proposals or otherwise complying with the requirements
of a competitive procurement process. If a procurement is estimated to exceed $175,000, a
competitive procurement process must occur.
new text end
Sec. 10.
Minnesota Statutes 2024, section 124E.26, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Competitive procurement. new text end
new text begin
(a) "Procurement by sealed bids" means a process
in which bids are publicly solicited and a firm fixed price contract by lump sum or unit price
is awarded to the responsible bidder whose bid, conforming with all material terms and
conditions of the invitation for bids, is the lowest in price. If sealed bids are used, the
following requirements apply:
new text end
new text begin
(1) bids must be solicited from an adequate number of qualified sources, providing
bidders sufficient response time prior to the date set for opening bids;
new text end
new text begin
(2) the invitation for bids, which includes any specifications and pertinent attachments,
must define the items or services in order for the bidder to properly respond;
new text end
new text begin
(3) all bids will be opened at the time and place prescribed in the invitation for bids, and
the bids must be opened publicly;
new text end
new text begin
(4) a firm fixed price contract award will be made in writing to the lowest responsive
and responsible bidder. Where specified in bidding documents, factors such as discounts,
transportation cost, and life cycle costs must be considered in determining which bid is
lowest. Payment discounts will only be used to determine the low bid when prior experience
indicates that the discounts are usually taken advantage of;
new text end
new text begin
(5) any or all bids may be rejected if there is a sound documented reason; and
new text end
new text begin
(6) in order for a sealed bid to be feasible, the following conditions must be present:
new text end
new text begin
(i) a complete, adequate, and realistic specification or purchase description is available;
new text end
new text begin
(ii) two or more responsible bidders are willing and able to compete effectively for the
business; and
new text end
new text begin
(iii) the procurement lends itself to a firm fixed price contract and the selection of the
successful bidder can be made principally on the price.
new text end
new text begin
(b) "Procurement by proposals" means a process in which either a fixed price or
cost-reimbursement type contract is awarded. Proposals are generally used when conditions
are not appropriate for the use of sealed bids. They are awarded in accordance with the
following requirements:
new text end
new text begin
(1) requests for proposals must be publicized and identify all evaluation factors and their
relative importance. Proposals must be solicited from an adequate number of qualified
offerors. Any response to publicized requests for proposals must be considered to the
maximum extent practical;
new text end
new text begin
(2) the charter school must have a written method for conducting technical evaluations
of the proposals received and for making selections; and
new text end
new text begin
(3) contracts must be awarded to the responsible offeror whose proposal is most
advantageous to the charter school, with price and other factors considered.
new text end
Sec. 11.
Minnesota Statutes 2024, section 124E.26, subdivision 5, is amended to read:
Subd. 5.
Reduction in aid.
If a charter school makes a purchase new text begin with a policy not
consistent with this section or new text end without a procurement policy adopted by the school's boardnew text begin ,new text end
or makes a purchase not in conformity with the school's procurement policy, the
commissioner may reduce that charter school's state aid in an amount equal to the purchase.
Sec. 12. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall renumber the section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering. The revisor shall also make any technical and
other changes necessitated by the renumbering and cross-reference changes in this act.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
|
new text begin
124E.16, subdivision 3 new text end |
new text begin
124E.27 new text end |
ARTICLE 4
THE READ ACT
Section 1.
Minnesota Statutes 2024, section 120B.119, subdivision 2a, is amended to read:
Subd. 2a.
Certified trained facilitator.
"Certified trained facilitator" means a person
employed by a district or regional deleted text begin literacy networkdeleted text end new text begin service cooperativenew text end who has completed
professional development approved by the Department of Education in structured literacy,
completed the vendor's certification prerequisites and facilitator training requirements,
completed the vendor's annual recertification requirements, remains in good standing with
the sponsoring agency and vendor, uses the vendor's training materials with fidelity, and
participates in mentoring or coaching provided by CAREI and the Department of Education
on facilitating literacy training. A literacy lead who meets the requirements under this
subdivision may be a certified trained facilitator.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 2.
Minnesota Statutes 2024, section 120B.119, subdivision 10, is amended to read:
Subd. 10.
Oral language.
"Oral language," also called "deleted text begin spokendeleted text end new text begin expressivenew text end languagenew text begin "
or "receptive languagenew text end ," includes speaking and listening, and consists of five components:
phonology, morphology, syntax, semantics, and pragmatics. Oral language also includes
sign language, in which speaking and listening skills are defined as expressive and receptive
skills, and consists of phonology, including sign language phonological awareness,
morphology, syntax, semantics, and pragmatics.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 3.
Minnesota Statutes 2024, section 120B.12, subdivision 1, is amended to read:
Subdivision 1.
Literacy goal.
(a) The legislature seeks to have every child reading at
or above grade level every year, beginning in kindergarten, and to support multilingual
learners and students receiving special education services in achieving their individualized
reading goals in order to meet grade-level deleted text begin proficiencydeleted text end new text begin benchmarksnew text end . By the 2026-2027 school
year, districts must provide evidence-based reading instruction through a focus on student
mastery of the foundational reading skills of phonemic awareness, phonics, and fluency, as
well as the development of oral language, vocabulary, and reading comprehension skills.
Students must receive evidence-based instruction that is proven to effectively teach children
to read, consistent with sections 120B.118 to 120B.124.
(b) To meet this goal, each district must provide teachers and instructional support staff
with responsibility for teaching reading with training on evidence-based reading instruction
that is approved by the Department of Education by the deadlines provided in section
120B.123, subdivision 5.
(c) Districts are strongly encouraged to adopt a MTSS framework. The framework should
include a process fornew text begin engaging families and communities,new text end monitoring student progress,
evaluating program fidelity, and analyzing student outcomes and needs in order to design
and implement ongoing evidenced-basednew text begin , culturally relevantnew text end instruction and interventions.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 4.
Minnesota Statutes 2024, section 120B.12, subdivision 2, is amended to read:
Subd. 2.
Identification; report.
(a) Each school district must screen every student
enrolled in kindergarten, grade 1, grade 2, and grade 3 using a screening tool approved by
the Department of Education three times each school year: (1) within the first six weeks of
the school year; (2) by February 15 each year; and (3) within the last six weeks of the school
year. Students enrolled in kindergarten, grade 1, grade 2, and grade 3, including multilingual
learners and students receiving special education services, must be universally screened for
mastery of foundational reading skills, including phonemic awareness, phonics, decoding,
fluency, deleted text begin oraldeleted text end language, and for characteristics of dyslexia as measured by a screening tool
approved by the Department of Education. The screening for characteristics of dyslexia
may be integrated with universal screening for mastery of foundational skills and deleted text begin oraldeleted text end new text begin
expressive or receptivenew text end languagenew text begin mastery. The screening tool used must be a valid and
reliable universal screener that is highly correlated with foundational reading skills. For
students reading at grade level, beginning in the winter of grade 1, the oral reading fluency
screener may be used to assess reading difficulties, including characteristics of dyslexia,
without requiring a separate screening of each subcomponent of foundational reading skillsnew text end .
new text begin (b) new text end A district must submit data on student performance in kindergarten, grade 1, grade
2, and grade 3 on foundational reading skills, including phonemic awareness, phonics,
decoding, fluency, and oral language to the Department of Education in the annual local
literacy plan submission due on June 15.
deleted text begin (b)deleted text end new text begin (c)new text end Students in grades 4 and above, including multilingual learners and students
receiving special education services, who do not demonstrate mastery of foundational
reading skills, deleted text begin including phonemic awareness, phonics, decoding, fluency, and oral language,deleted text end
must be screened using a screening tool approved by the Department of Education for
deleted text begin characteristics of dyslexiadeleted text end new text begin reading difficultiesnew text end , and must continue to receive evidence-based
instruction, interventions, and progress monitoring until the students achieve grade-level
proficiency.new text begin For students reading at grade level, beginning in the winter of grade 1, the oral
reading fluency screener may be used to assess reading difficulties, including characteristics
of dyslexia, without requiring a separate screening of each subcomponent of foundational
reading skills.new text end A parent, in consultation with a teacher, may opt a student out of the literacy
screener if the parent and teacher decide that continuing to screen would not be beneficial
to the student. In such limited cases, the student must continue to receive progress monitoring
and literacy interventions.
deleted text begin (c)deleted text end new text begin (d)new text end Reading screeners in English, and in the predominant languages of district students
where practicable, must identify and evaluate students' areas of academic need related to
literacy. The district also must monitor the progress and provide reading instruction
appropriate to the specific needs of multilingual learners. The district must use an approved,
developmentally appropriate, and culturally responsive screener and annually report summary
screener results to the commissioner by June 15 in the form and manner determined by the
commissioner.
deleted text begin (d)deleted text end new text begin (e)new text end The district also must include in itsnew text begin localnew text end literacy plan under subdivision 4a, a
summary of the district's efforts to screen, identify, and provide interventions to students
who demonstrate characteristics of dyslexia as measured by a screening tool approved by
the Department of Education. Districts are strongly encouraged to use a MTSS framework.
With respect to students screened or identified under paragraph (a), the report must include:
(1) a summary of the district's efforts to screen fornew text begin reading difficulties, includingnew text end dyslexia;
(2) the number of students universally screened for that reporting year;
(3) the number of students demonstrating characteristics of dyslexia for that year; and
(4) an explanation of how students identified under this subdivision are provided with
alternate instruction and interventions under section 125A.56, subdivision 1.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 5.
Minnesota Statutes 2024, section 120B.12, subdivision 2a, is amended to read:
Subd. 2a.
Parent notification and involvement.
A district must administer an approved
reading screener to students in kindergarten through grade 3 within the first six weeks of
the school year, by February 15 each year, and again within the last six weeks of the school
year. Schools, after administering each screener, must give the parent of each student who
is not reading at or above grade level deleted text begin timelydeleted text end information about:
(1) the student's reading proficiency as measured by a screener approved by the
Department of Education;
(2) reading-related services currently being provided to the student and the student's
progress; and
(3) strategies for parents to use at home in helping their student succeed in becoming
grade-level proficient in reading in English and in their native language.
A district may not use this section to deny a student's right to a special education
evaluation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 6.
Minnesota Statutes 2024, section 120B.12, subdivision 3, is amended to read:
Subd. 3.
Intervention.
(a) For each student identified under subdivision 2, the district
shall providenew text begin aligned and targetednew text end reading deleted text begin interventiondeleted text end new text begin supportnew text end to accelerate student growth
and reach the goal of reading at or above grade level by the end of the current grade and
school year. A district is encouraged to provide reading intervention through a MTSS
framework. If a student does not read at or above grade level by the end of the current school
year, the district must continue to providenew text begin aligned and targetednew text end reading deleted text begin interventiondeleted text end new text begin support
as defined by the MTSS frameworknew text end until the student reads at grade level.new text begin If less than 60
percent of students have reached the benchmark target, class wide Tier 1 interventions must
be implemented. Students receiving Tier 2 or Tier 3 interventions must receive those
interventions in addition to Tier 1 instruction.new text end District intervention methods shall encourage
family engagement and, where possible, collaboration with appropriate school and community
programs that specialize in evidence-based instructional practices deleted text begin and measure mastery of
foundational reading skills, including phonemic awareness, phonics, decoding, fluency, and
oral language. Intervention may include but is not limited to requiring student attendance
in summer school, intensified reading instruction that may require that the student be removed
from the regular classroom for part of the school day, extended-day programs, or programs
that strengthen students' cultural connectionsdeleted text end .
deleted text begin
(b) A district or charter school is strongly encouraged to provide a personal learning
plan for a student who is unable to demonstrate grade-level proficiency, as measured by the
statewide reading assessment in grade 3 or a screener identified by the Department of
Education under section 120B.123. The district or charter school must determine the format
of the personal learning plan in collaboration with the student's educators and other
appropriate professionals. The school must develop the learning plan in consultation with
the student's parent or guardian. The personal learning plan must include targeted instruction
that is evidence-based and ongoing progress monitoring, and address knowledge gaps and
skill deficiencies through strategies such as specific exercises and practices during and
outside of the regular school day, group interventions, periodic assessments or screeners,
and reasonable timelines. The personal learning plan may include grade retention, if it is in
the student's best interest; a student may not be retained solely due to delays in literacy or
not demonstrating grade-level proficiency. A school must maintain and regularly update
and modify the personal learning plan until the student reads at grade level. This paragraph
does not apply to a student under an individualized education program.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Starting in the deleted text begin 2025-2026deleted text end new text begin 2026-2027new text end school year, a district must use only
evidence-based literacy interventions. Districts are strongly encouraged to use intervention
materials approved by the Department of Education under the Read Act.
deleted text begin (d)deleted text end new text begin (c)new text end Starting in the 2026-2027 school year, to provide a Tier 2 literacy intervention,
anew text begin trained teacher who has completed one of the three approved professional development
trainings must oversee and monitor the instruction provided by anynew text end paraprofessional or
other unlicensed person, including a volunteerdeleted text begin , must be supervised by a licensed teacher
who has completed training in evidence-based reading instruction approved by the
Department of Education, and has completeddeleted text end new text begin . A paraprofessional or other unlicensed person,
including a volunteer, must completenew text end evidence-based training developed under the Read
Act deleted text begin by CAREI ordeleted text end new text begin and offered throughnew text end the regional literacy networks under section 120B.124,
subdivision 4, or a training that the department has determined meets or exceeds the
requirements of section 120B.124, subdivision 4.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 7.
Minnesota Statutes 2024, section 120B.12, subdivision 4, is amended to read:
Subd. 4.
Staff development.
(a) A district must provide training on evidence-based
structured literacy instruction to teachers and instructional staff in accordance with
subdivision 1, paragraphs (b) and (c). The training must include teaching in the areas of
phonemic awareness, phonics, vocabulary development, reading fluency, reading
comprehension, and culturally and linguistically responsive pedagogy.
(b) Each district shall use the data under subdivision 2 to identify the staff development
needs so that:
(1) elementary teachers are able to implement explicit, systematic, evidence-based
instruction in the five reading areas of phonemic awareness, phonics, fluency, vocabulary,
and comprehension with emphasis on mastery of foundational reading skills as defined in
section 120B.119 and other literacy-related areas including writing until the student achieves
grade-level reading and writing proficiency;
(2) elementary teachers receive training to provide students with evidence-based reading
and oral language instruction that meets students' developmental, linguistic, and literacy
needs using the intervention methods or programs selected by the district for the identified
students;
(3) licensed teachers employed by the district have opportunities to improve reading
and writing instruction through approved professional development identified in the local
literacy plan;
(4) licensed teachers recognize students' diverse needs in cross-cultural settings and are
able to serve the oral language and linguistic needs of students who are multilingual learners
by maximizing strengths in their native languages in order to cultivate students' English
language development, including deleted text begin oraldeleted text end academic language development, and build academic
literacy; and
(5) licensed teachers are trained in culturally responsive pedagogy that enables students
to master content, develop skills to access content, and build relationships.
(c) A district that offers early childhood programs, including voluntary prekindergarten
for eligible four-year-old children, early childhood special education, and school readiness
programs, must provide classroom teachers in early childhood programs training approved
by the Department of Education to provide children in early childhood programs with
explicit, systematic instruction in phonological and phonemic awareness; oral language,
including listening comprehension; vocabulary; and letter-sound correspondence.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 8.
Minnesota Statutes 2024, section 120B.12, subdivision 4a, is amended to read:
Subd. 4a.
Local literacy plan.
(a) Consistent with this section, a school district must
adopt a local literacy plan to have every child reading at or above grade level every year
beginning in kindergarten and to support multilingual learners and students receiving special
education services in achieving their individualized reading goals. A district must update
and submit the plan to the commissioner by June 15 each year. The plan must be consistent
with the Read Act, and include the following:
(1) a process to assess students' foundational reading skills, oral language, and level of
reading proficiency and the approved screeners used, by school site and grade level, under
section 120B.123;
(2) a process to notify and involve parents;
(3) a description of how schools in the district will determine the targeted reading
instruction that is evidence-based and includes an intervention strategy for a student and
the process for intensifying or modifying the reading strategy in order to obtain measurable
reading progress;
(4) evidence-based intervention methods for students who are not reading at or above
grade level and progress monitoring to provide information on the effectiveness of the
intervention;
(5) identification of staff development needs, including a plan to meet those needs;
(6) the curricula used by school site and grade level and, if applicable, the district plan
and timeline for adopting deleted text begin approveddeleted text end new text begin evidence-basednew text end curricula and materials starting in the
2025-2026 school year;
(7) a statement of whether the district has adopted a MTSS framework;
(8) student data using the measures of foundational literacy skills and mastery identified
by the Department of Education for the following students:
(i) students in kindergarten through grade 3;
(ii) students who demonstrate characteristics of dyslexia; and
(iii) students in grades 4 to 12 who are identified as not reading at grade level;
(9) the number of teachers and other staff who have completed training approved by the
department;
(10) the number of teachers and other staff proposed for training in structured literacy;
and
(11) how the district used funding provided under the Read Act to implement the
requirements of the Read Act.
(b) The district must post its literacy plan on the official school district website and
submit it to the commissioner of education using the template developed by the commissioner
of educationnew text begin annuallynew text end beginning June 15, 2024.
(c) deleted text begin By March 1, 2024, the commissioner of education must developdeleted text end new text begin Districts must usenew text end
a streamlined templatenew text begin developed by the commissioner of educationnew text end for local literacy plans
that meets the requirements of this subdivision and requires all reading instruction and
teacher training in reading instruction to be evidence-based. The template must require a
district to report information using the student categories required in the commissioner's
report under paragraph (d). The template must focus district resources on improving students'
foundational reading skills while reducing paperwork requirements for teachers.
(d) By December 1, 2025, the commissioner of education must submit a report to the
legislative committees with jurisdiction over prekindergarten through grade 12 education
summarizing the local literacy plans submitted to the commissioner. The summary must
include the following information:
(1) the number of teachers and other staffnew text begin , by grade level,new text end who have completed training
approved by the Department of Education;
(2) the number of teachers and other staffnew text begin , by grade level,new text end required to complete the
training under section 120B.123, subdivision 5, who have not completed the training;
(3) the number of teachers exempt under section 120B.123, subdivision 5, from
completing training approved by the Department of Education;
(4) by school site and grade, the approved screeners and the reading curriculum used;
and
(5) by school site and grade, using the measurements of foundational literacy skills and
mastery identified by the department, both aggregated data and disaggregated data on student
performance on the approved screeners using the student categories under section 120B.35,
subdivision 3, paragraph (a), clause (2).
(e) By December 1, 2026, and December 1, 2027, the commissioner of education must
submit updated reports containing the information required under paragraph (d) to the
legislative committees with jurisdiction over prekindergarten through grade 12 education.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 9.
Minnesota Statutes 2024, section 120B.123, subdivision 1, is amended to read:
Subdivision 1.
Approved screeners.
(a) A district must administer an approved
evidence-based reading screener to students in kindergarten through grade 3 within the first
six weeks of the school year, by February 15 each year, and again within the last six weeks
of the school year. The screener must be one of the screening tools approved by the
Department of Education. A district must identify any screener it uses in the district's annual
literacy plan, and submit screening data with the annual literacy plan by June 15.
(b) Starting in the 2024-2025 school year, district staffdeleted text begin , contractors,deleted text end and deleted text begin volunteersdeleted text end new text begin
external partners offering literacy supports in schoolsnew text end may only use screeners that have been
approved by the Department of Education.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 10.
Minnesota Statutes 2024, section 120B.123, subdivision 5, is amended to read:
Subd. 5.
Professional development.
(a) A district must provide training from a menu
of approved evidence-based training programs to the following teachers and staff by July
1, 2026:
(1) deleted text begin readingdeleted text end new text begin literacynew text end intervention teachers working with students in kindergarten through
grade 12;
(2) all classroom teachers of students in kindergarten through grade 3 and children in
prekindergarten programs;
(3)new text begin kindergarten through grade 12new text end special education teachersnew text begin responsible for literacy
instructionnew text end ;
(4) curriculum directors;
(5) instructional support staff, contractors, and volunteers who assist in providing deleted text begin Tier
2deleted text end new text begin literacynew text end interventionsnew text begin under the oversight and monitoring of a trained licensed teachernew text end ;
(6) employees who select literacy instructional materials for a district; and
(7) teachers licensed to teach English to multilingual learners.
(b) A district must provide training from a menu of approved evidence-based training
programs to the following teachers by July 1, 2027:
(1) teachers who provide reading instruction to students in grades 4 to 12; and
(2) teachers who provide instruction to students in a state-approved alternative program.
(c) The commissioner of education may grant a district an extension to the deadlines in
this subdivision.
(d) Training provided by a department-approved certified trained facilitator may satisfy
the professional development requirements under this subdivision.
(e) For the 2024-2025 school year only, the hours of instruction requirement under
section 120A.41 for students in an elementary school, as defined in section 120A.05,
subdivision 9, is reduced by 5-1/2 hours for a district that enters into an agreement with the
exclusive representative of the teachers that requires teachers to receive at least 5-1/2 hours
of approved evidence-based training required under this subdivision, on a day when other
students in the district receive instruction. If a charter school's teachers are not represented
by an exclusive representative, the charter school may reduce the number of instructional
hours for students in an elementary school, as defined in section 120A.05, subdivision 9,
by 5-1/2 hours after consulting with its teachers in order to provide teachers with at least
5-1/2 hours of evidence-based training required under this subdivision on a day when other
students receive instruction.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2024, section 120B.123, subdivision 7, is amended to read:
Subd. 7.
Department of Education.
(a) By July 1, 2023, the department must make
available to districts a list of approved evidence-based screeners in accordance with section
120B.12. A district must use an approved screener to assess students' mastery of foundational
reading skills in accordance with section 120B.12.
(b) The Department of Education must partner with CAREI as required under section
120B.124 to approve professional development programs, subject to final determination by
the department. After the implementation partnership under section 120B.124 ends, the
department must continue to regularly provide districts with information about professional
development opportunities available throughout the state on reading instruction that is
evidence-based.
(c) The department and CAREI must identify training required for a literacy lead and
literacy specialist employed by a district or Minnesota service cooperatives.
(d) The department must employ one or more literacy specialists to provide support to
districts implementing the Read Act and coordinate duties assigned to the department under
the Read Act. The literacy specialist must work on state efforts to improve literacy tracking
and implementation.
(e) The department must develop a template for a local literacy plan in accordance with
section 120B.12, subdivision 4a.
(f) The department must partner with CAREI as required under section 120B.124 to
approve literacy intervention models, subject to final determination by the department. The
department must make a list of the 15 approved evidence-based intervention models available
to districts as they are approved bynew text begin the department andnew text end CAREI, starting November 1, 2025.
Upon approval of the evidence-based intervention models, the department must ensure the
models are reviewed by a contracted third party for culturally responsive guidance and
materials, and make those findings available to districts once the review process is complete.
The department must notify districts of the two-step review process for all materials approved
under the Read Act for effectiveness as evidence-based structured literacy, and for cultural
responsiveness.
(g) The department and CAREI must provide ongoing coaching, mentoring, and support
to certified trained facilitators.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 12.
Minnesota Statutes 2024, section 120B.124, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Reconsiderationdeleted text end new text begin Curriculum review cyclenew text end .
deleted text begin (a)deleted text end new text begin Every five years, starting July
1, 2030, new text end the department and CAREI must provide districts an opportunity to request that
the department and CAREI add to the list ofnew text begin reviewednew text end curricula deleted text begin or professional developmentdeleted text end new text begin
and interventionnew text end programs deleted text begin a specific curriculum or professional development programdeleted text end . The
department must publish the request for reconsideration procedure on the department websitenew text begin
by July 1, 2029new text end . A request for reconsideration must demonstrate that the curriculum or
deleted text begin professional developmentdeleted text end new text begin interventionnew text end program meets the requirements of the Read Act, is
evidence-based, and has structured literacy components. deleted text begin The department and CAREI must
review the request for reconsideration and approve or deny the request within 60 days.deleted text end new text begin The
review process must use the rubric used to approve curriculum under subdivision 1 with
the addition of culturally responsive criteria as determined by the third-party review.
new text end
deleted text begin
(b) The department and CAREI must conduct a final curriculum review of previously
submitted curriculum by March 3, 2025, to review curriculum that is available to districts
at no cost.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 13.
Minnesota Statutes 2024, section 124D.42, subdivision 8, is amended to read:
Subd. 8.
Minnesota reading corps program.
(a) A Minnesota reading corps program
is established to provide ServeMinnesota AmeriCorps members with a data-based
problem-solving model of literacy instruction to use in helping to train local Head Start
program providers, other prekindergarten program providers, and staff in schools with
students in kindergarten through grade 3 to evaluate and teach early literacy skills, including
evidence-based literacy instruction under sections 120B.118 to 120B.124, to children age
3 to grade 3 and interventions for children in kindergarten to grade 3.
(b) Literacy programs under this subdivision must comply with the provisions governing
literacy program goals and data use under section 142D.12, subdivision 3, paragraph (b).
(c) Literacy programs under this subdivision must usenew text begin a department-approved screener,new text end
evidence-based reading instructionnew text begin ,new text end and interventions focused on structured literacy.
ServeMinnesota must demonstrate to the department that the training AmeriCorps members
receive meets or exceeds the requirements of section 120B.124, subdivision 4, for volunteers.
Minnesota Reading Corps AmeriCorps members are not required to complete the training
under section deleted text begin 120B.24deleted text end new text begin 120B.124new text end , subdivision 4.
(d) The commission must submit a biennial report to the committees of the legislature
with jurisdiction over kindergarten through grade 12 education that records and evaluates
program data to determine the efficacy of the programs under this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 14. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 120B.124, subdivision 6,
new text end
new text begin
is repealed.
new text end
ARTICLE 5
SPECIAL EDUCATION
Section 1.
Minnesota Statutes 2024, section 121A.49, is amended to read:
121A.49 APPEAL.
A party to an exclusion or expulsion decision made under sections 121A.40 to 121A.56
may appeal the decision to the commissioner of education within 21 calendar days of school
board action. Upon being served with a notice of appeal, the district shall provide the
commissioner and the parent or guardian with a complete copy of the hearing recordnew text begin ,
including a written transcript of the expulsion hearing,new text end within five days of its receipt of the
notice of appeal. All written submissions by the appellant must be submitted and served on
the respondent within ten days of its actual receipt of the new text begin hearing record, including the
written new text end transcript. All written submissions by the respondent must be submitted and served
on the appellant within ten days of its actual receipt of the written submissions of the
appellant. The decision of the school board must be implemented during the appeal to the
commissioner.
In an appeal under this section, the commissioner may affirm the decision of the agency,
may remand the decision for additional findings, or may reverse or modify the decision if
the substantial rights of the petitioners have been prejudiced because the administrative
findings, inferences, conclusions, or decisions are:
(1) in violation of constitutional provisions;
(2) in excess of the statutory authority or jurisdiction of the school district;
(3) made upon unlawful procedure, except as provided in section 121A.48;
(4) affected by other error of law;
(5) unsupported by substantial evidence in view of the entire record submitted; or
(6) arbitrary or capricious.
The commissioner or the commissioner's representative shall make a final decision based
upon the record. The commissioner shall issue a decision within 30 calendar days of receiving
the entire record and the parties' written submission on appeal. The commissioner's decision
shall be final and binding upon the parties after the time for appeal expires under section
121A.50.
Sec. 2.
Minnesota Statutes 2024, section 125A.091, subdivision 3a, is amended to read:
Subd. 3a.
Additional requirements for prior written notice.
In addition to federal law
requirements, a prior written notice shall:
(1) inform the parent that except for the initial deleted text begin placement of a child in special educationdeleted text end new text begin
evaluation and the initial provision of special education and related services generallynew text end , the
school district will proceed with its proposal deleted text begin for the child's placement or for providing
special education servicesdeleted text end unless the child's parent notifies the district of an objection within
14 days of when the district sends the prior written notice to the parent; and
(2) state that a parent who objects to a proposal or refusal in the prior written notice
may:
(i) request a conciliation conference under subdivision 7 or another alternative dispute
resolution procedure under subdivision 8 or 9; or
(ii) identify the specific part of the proposal or refusal the parent objects to and request
a meeting with appropriate members of the individualized education program team.
Sec. 3.
Minnesota Statutes 2024, section 125A.091, subdivision 5, is amended to read:
Subd. 5.
Initial action; parent consent.
new text begin
(a) A district must make reasonable efforts to
obtain written consent from the parent for an initial evaluation to determine whether their
child is a child with a disability.
new text end
new text begin
(b) If the initial evaluation determines that the child qualifies as a child with a disability
under section 125A.02, the district must make reasonable efforts to obtain the written consent
of the child's parent for the initial provision of special education and related services
generally.
new text end
deleted text begin (a)deleted text end new text begin (c)new text end The district must not proceed with the initial evaluation of a child, deleted text begin the initial
placement of a child in a special education program, or the initial provision of special
education services for a childdeleted text end new text begin or the initial provision of special education and related services
to a child generally,new text end without the prior written consent of the child's parent.new text begin The district is
not required to obtain the written consent of the child's parent to the particular special
education and related services proposed in the initial individualized education program but
must provide prior written notice consistent with federal requirements and the additional
requirements under subdivision 3a.
new text end
new text begin
(d) Parental consent for the initial evaluation must not be construed as consent for the
initial provision of special education and related services generally.
new text end
new text begin (e)new text end A district may not override the written refusal of a parent to consent to an initial
evaluation or reevaluation.
new text begin
(f) If the parent of a child fails to respond to a request for, or refuses to consent to, the
initial provision of special education and related services generally, the district:
new text end
new text begin
(1) may not use mediation or request a due process hearing in order to obtain agreement
or a ruling that services may be provided to the child;
new text end
new text begin
(2) will not be considered in violation of the responsibility to make a free appropriate
public education available to the child; and
new text end
new text begin
(3) is not required to convene an individualized education program team meeting or
develop an initial individualized education program for the child.
new text end
deleted text begin (b)deleted text end new text begin (g)new text end A parent, after consulting with health care, education, or other professional
providers, may agree or disagree to provide the parent's child with sympathomimetic
medications unless section 144.344 applies.
Sec. 4.
new text begin
[125A.092] STATE COMPLAINT PROCESS.
new text end
new text begin Subd. 1. new text end
new text begin Filing a state complaint. new text end
new text begin
(a) An organization or individual may file a signed,
written complaint with the Department of Education, Office of General Counsel, Dispute
Resolution.
new text end
new text begin
(b) The complaint must include:
new text end
new text begin
(1) a statement that a public agency, lead agency, or early intervention services provider
has violated a requirement of Part B or Part C of the federal Individuals with Disabilities
Education Act;
new text end
new text begin
(2) the facts on which the statement is based;
new text end
new text begin
(3) the signature and contact information for the complainant;
new text end
new text begin
(4) if alleging violations with respect to a specific child:
new text end
new text begin
(i) the name and address of the residence of the child;
new text end
new text begin
(ii) the name of the school the child is attending, or the name of the early intervention
services provider serving the child; and
new text end
new text begin
(iii) in the case of a homeless child or youth within the meaning of section 725(2) of the
McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 11434(a)(2),
the available contact information for the child and the name of the school the child is
attending;
new text end
new text begin
(5) a description of the nature of the problem of the child, including facts relating to the
problem; and
new text end
new text begin
(6) a proposed resolution of the problem to the extent known and available to the party
at the time the complaint is filed.
new text end
new text begin
(c) The complaint must allege a violation that occurred not more than one year prior to
the date that the complaint is received.
new text end
new text begin
(d) The party filing the complaint must forward a copy of the complaint to the local
educational agency, public agency, or early intervention services provider serving the child
at the same time the party files the complaint with the Department of Education.
new text end
new text begin Subd. 2. new text end
new text begin Remedies. new text end
new text begin
In resolving a complaint in which the Department of Education has
found a failure to provide appropriate services, the Department of Education, pursuant to
its general supervisory authority under Part B and Part C of the federal Individuals with
Disabilities Education Act, must address:
new text end
new text begin
(1) the failure to provide appropriate services, including corrective action appropriate
to address the needs of the child, compensatory services, or monetary reimbursement; and
new text end
new text begin
(2) appropriate future provision of services for all children with disabilities.
new text end
new text begin Subd. 3. new text end
new text begin Time limit and procedures. new text end
new text begin
(a) Within 60 days after a complaint is filed, the
Department of Education must:
new text end
new text begin
(1) carry out an independent on-site investigation if the Department of Education
determines that an investigation is necessary;
new text end
new text begin
(2) give the complainant the opportunity to submit additional information, either orally
or in writing, about the allegations in the complaint;
new text end
new text begin
(3) provide the public agency, lead agency, or early intervention services provider with
the opportunity to respond to the complaint, including at a minimum:
new text end
new text begin
(i) at the discretion of the Department of Education, a proposal to resolve the complaint;
and
new text end
new text begin
(ii) an opportunity for a parent who has filed a complaint and the public agency, lead
agency, or early intervention services provider to voluntarily engage in mediation consistent
with section 125A.091, subdivision 9;
new text end
new text begin
(4) review all relevant information and make an independent determination as to whether
the public agency, lead agency, or early intervention services provider is violating a
requirement of Part B or Part C of the federal Individuals with Disabilities Education Act;
and
new text end
new text begin
(5) issue a written decision to the complainant that addresses each allegation in the
complaint and contains:
new text end
new text begin
(i) findings of fact and conclusions; and
new text end
new text begin
(ii) the reasons for the Department of Education's final decision.
new text end
new text begin
(b) An extension of the time limit is allowed only if:
new text end
new text begin
(1) exceptional circumstances exist with respect to a particular complaint; or
new text end
new text begin
(2) the parent, individual, or organization and the local educational agency, public agency,
or early intervention services provider involved agree to extend the time to engage in
mediation pursuant to section 125A.091, subdivision 9, or a facilitated team meeting pursuant
to section 125A.091, subdivision 11.
new text end
new text begin Subd. 4. new text end
new text begin Complaints and due process hearings. new text end
new text begin
(a) If a written complaint is received
that is also the subject of a due process hearing under section 125A.091, subdivision 12, or
that contains multiple issues of which one or more are part of that hearing, the Department
of Education must set aside any part of the complaint that is being addressed in the due
process hearing until the conclusion of the hearing. However, any issue in the complaint
that is not a part of the due process action must be resolved using the time limit and
procedures described in paragraphs (c) and (d).
new text end
new text begin
(b) If an issue raised in a complaint filed under this section has previously been decided
in a due process hearing involving the same parties:
new text end
new text begin
(1) the due process hearing decision is binding on that issue; and
new text end
new text begin
(2) the Department of Education must inform the complainant to that effect.
new text end
new text begin
(c) If the local educational agency, public agency, or early intervention services provider
fails to implement the due process hearing decision, an individual or organization may file
a state complaint with the Department of Education alleging the agency or provider's failure
to implement the due process hearing decision.
new text end
ARTICLE 6
SCHOOL NUTRITION
Section 1.
Minnesota Statutes 2024, section 124D.117, subdivision 2, is amended to read:
Subd. 2.
Exemption.
Subdivision 1 does not apply to deleted text begin a school in which fewer than 25
pupils are expected to take part in the programdeleted text end new text begin schools that participate in the free school
meals program under section 124D.111new text end . It also does not apply to a district that does not
participate in the national school lunch program.
Sec. 2.
Minnesota Statutes 2024, section 124D.119, subdivision 5, is amended to read:
Subd. 5.
Summer Food Service Program locations.
Consistent with Code of Federal
Regulations, title 7, section deleted text begin 225.6(d)(1)(ii)deleted text end new text begin 225new text end , the Department of Education must not
approve a new Summer Food Service Program open site that is within a half-mile radius of
an existing Summer Food Service Program open site. The department may approve a new
Summer Food Service Program open site within a half-mile radius only if the new program
will not be serving the same group of children for the same meal type or if there are safety
issues that could present barriers to participation.
ARTICLE 7
STATE AGENCIES
Section 1.
Minnesota Statutes 2024, section 13.32, subdivision 5, is amended to read:
Subd. 5.
Directory information.
(a) Educational data designated as directory information
is public data on individuals to the extent required under federal law. Directory information
must be designated pursuant to the provisions of:
(1) this subdivision; and
(2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title
34, section 99.37, which were in effect on January 3, 2012.
(b) When conducting the directory information designation and notice process required
by federal law, an educational agency or institution shall give parents and students notice
of the right to refuse to let the agency or institution designate specified data about the student
as directory information. This notice may be given by any means reasonably likely to inform
the parents and students of the right.
(c) An educational agency or institution may not designate a student's home address,
telephone number, email address, or other personal contact information as directory
information under this subdivision. This paragraph does not apply to a postsecondary
institution.
(d) When requested, educational agencies or institutions must share personal student
contact information and directory information, whether public or private, with the Minnesota
Department of Education, as required for federal reporting purposes.
(e) When requested,new text begin and in accordance with requirements for parental consent in the
Code of Federal Regulations, title 34, section 300.622 (b)(2) and part 99,new text end educational agencies
or institutions may share personal student contact information and directory information
for students served in special education with postsecondary transition planning and services
under section 125A.08, paragraph (b), clause (1), whether public or private, with the
Department of Employment and Economic Development, as required for coordination of
services to students with disabilities under sections 125A.08, paragraph (b), clause (1);
125A.023; and 125A.027.
Sec. 2.
new text begin
[13.3211] DEPARTMENT OF EDUCATION OFFICE OF THE INSPECTOR
GENERAL; INVESTIGATIVE DATA.
new text end
new text begin
(a) Data on persons that are collected, maintained, used, or disseminated by the
Department of Education in an investigation conducted under section 127A.21 are
confidential data on individuals pursuant to section 13.02, subdivision 3, or protected
nonpublic data on an individual pursuant to section 13.02, subdivision 13, and shall not be
disclosed except:
new text end
new text begin
(1) pursuant to section 13.05;
new text end
new text begin
(2) pursuant to statute or valid court order;
new text end
new text begin
(3) to a party named in a civil or criminal proceeding for preparation of a defense;
new text end
new text begin
(4) to an investigator acting on behalf of a county, state, or federal government, including
a law enforcement officer or attorney in the investigation or prosecution of a criminal, civil,
or administrative proceeding, unless the inspector general determines that disclosure may
compromise an investigation; or
new text end
new text begin
(5) to provide notices required or permitted by statute.
new text end
new text begin
(b) The data referred to in this section shall be classified as public data upon submission
to a court in a civil or criminal proceeding, or when the investigation is no longer being
pursued actively, except that the data shall be disclosed as required to comply with section
6.67 or 609.456, unless chapter 13 provides otherwise.
new text end
new text begin
(c) Notwithstanding paragraph (a), the existence of an investigation conducted by the
Office of the Inspector General or withholding of payment by the commissioner may be
disclosed if the commissioner, after consulting with the inspector general, determines that
it will not compromise the investigation.
new text end
Sec. 3.
Minnesota Statutes 2024, section 13.82, subdivision 1, is amended to read:
Subdivision 1.
Application.
This section shall apply to agencies which carry on a law
enforcement function, including but not limited to municipal police departments, county
sheriff departments, fire departments, the Bureau of Criminal Apprehension, the Minnesota
State Patrol, the Board of Peace Officer Standards and Training, the Department of
Commerce, new text begin the Office of the Inspector General within the Department of Education, new text end and
county human service agency client and provider fraud investigation, prevention, and control
units operated or supervised by the Department of Human Services.
Sec. 4.
Minnesota Statutes 2024, section 120B.021, subdivision 3, is amended to read:
Subd. 3.
Rulemaking.
(a) The commissioner, consistent with the requirements of this
section and section 120B.022, must adopt statewide rules undernew text begin , and may use the process
outlined in,new text end section 14.389new text begin ,new text end for implementing statewide rigorous core academic standards
in language arts, mathematics, science, social studies, physical education, and the arts.
(b) The commissioner must adopt statewide rules for implementing statewide rigorous
core academic standards in health.
Sec. 5.
Minnesota Statutes 2024, section 120B.117, subdivision 4, is amended to read:
Subd. 4.
Reporting.
The deleted text begin Professional Educator Licensing and Standards Boarddeleted text end new text begin
Department of Educationnew text end must collaborate with the deleted text begin Department of Educationdeleted text end new text begin Professional
Educator Licensing and Standards Board new text end and the Office of Higher Education to publish a
summary report of each of the programs they administer and any other programs receiving
state appropriations that have or include an explicit purpose of increasing the racial and
ethnic diversity of the state's teacher workforce to more closely reflect the diversity of
students. The report must include programs under sections 122A.59, 122A.63, 122A.635,
122A.70, 122A.73, 124D.09, 124D.861, 136A.1274, 136A.1276, and 136A.1791, along
with any other programs or initiatives that receive state appropriations to address the shortage
of teachers of color and American Indian teachers. The deleted text begin boarddeleted text end new text begin commissionernew text end must, in
coordination with thenew text begin Professional Educator Licensing and Standards Board and thenew text end Office
of Higher Education deleted text begin and Department of Educationdeleted text end , provide policy and funding
recommendations related to state-funded programs to increase the recruitment, preparation,
licensing, hiring, and retention of racially and ethnically diverse teachers and the state's
progress toward meeting or exceeding the goals of this section. The report must include
recommendations for state policy and funding needed to achieve the goals of this section,
plans for sharing the report and activities of grant recipients, and opportunities among grant
recipients of various programs to share effective practices with each other. The initial report
must also include a recommendation of whether a state advisory council should be established
to address the shortage of racially and ethnically diverse teachers and what the composition
and charge of such an advisory council would be if established. The board must consult
with the Indian Affairs Council and other ethnic councils along with other community
partners, including students of color and American Indian students, in developing the report.
The deleted text begin boarddeleted text end new text begin commissionernew text end must submit the report to the chairs and ranking minority members
of the legislative committees with jurisdiction over education and higher education policy
and finance by November 3, 2025, for the initial report, and by November 3 each
even-numbered year thereafter. The report must be available to the public on the deleted text begin board'sdeleted text end new text begin
commissioner'snew text end website.
Sec. 6.
Minnesota Statutes 2024, section 127A.21, subdivision 1, is amended to read:
Subdivision 1.
Establishment of Office of the Inspector General; powers; duties.
The
commissioner must establish within the department an Office of the Inspector General. The
inspector general shall report directly to the commissioner. The Office of the Inspector
General is charged with protecting the integrity of the department and the state by detecting
and preventing fraud, new text begin theft, new text end waste, and abuse in department programs. The Office of the
Inspector General must conduct independent and objective investigations to promote the
integrity of the department's programs and operations. When fraudnew text begin , theft,new text end or other misuse
of public funds is detected, the Office of the Inspector General must report it to the
appropriate law enforcement entity and collaborate and cooperate with law enforcement to
assist in the investigation and any subsequent civil and criminal prosecution.
Sec. 7.
Minnesota Statutes 2024, section 127A.21, subdivision 1a, is amended to read:
Subd. 1a.
Definitions.
(a) For purposes of this section, the following terms have the
meanings given.
(b) "Abuse" means actions that may, directly or indirectly, result in unnecessary costs
to department programs. Abuse may involve paying for items or services when there is no
legal entitlement to that paymentdeleted text begin .deleted text end new text begin ,new text end new text begin or behavior that is deficient or improper when compared
with behavior that a prudent person would consider a reasonable and necessary business
practice given the facts and circumstances. Abuse includes but is not limited to:
new text end
new text begin
(1) obtaining or attempting to obtain department program funds when required
information is missing or incorrect;
new text end
new text begin
(2) failing to correct errors in the filing or maintenance of records in a timely manner
after a request by the department;
new text end
new text begin
(3) obtaining or attempting to obtain department program funds that overstate the level
or amount that is allowed to be reimbursed under law, program rules, or contract;
new text end
new text begin
(4) obtaining or attempting to obtain grant funds from the department program by means
that are not allowed or do not comply with grant requirements;
new text end
new text begin
(5) failing to disclose or make available requested records to the department pursuant
to law, program rules, or contract;
new text end
new text begin
(6) refusing to provide access to records as required by subdivision 4;
new text end
new text begin
(7) failing to keep or maintain records as required by law, rule, or contract; and
new text end
new text begin
(8) a program participant seeking department program funds after being excluded.
new text end
(c) "Department program" means a program funded by the Department of Education
that involves the transfer or disbursement of public funds or other resources to a program
participant. "Department program" includes state and federal aids or grants received by a
school district or charter school or other program participant.
new text begin
(d) "Excluded" means removed by any means from a program administered by a
Minnesota state agency or federal agency.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end "Fraud" means an intentional or deliberate act to deprive another of property or
money or to acquire property or money by deception or other unfair means. Fraud includes
intentionally submitting false information to the department for the purpose ofnew text begin eithernew text end
obtaining a greater compensation or benefit than that to which the deleted text begin persondeleted text end new text begin program participantnew text end
is legally entitlednew text begin or hiding the misuse of fundsnew text end . deleted text begin Fraud also includes failure to correct errors
in the maintenance of records in a timely manner after a request by the department.deleted text end new text begin Fraud
also includes acts that constitute a crime against any program, or attempts or conspiracies
to commit those crimes, including but not limited to the following:
new text end
new text begin
(1) theft in violation of section 609.52;
new text end
new text begin
(2) perjury in violation of section 609.48; and
new text end
new text begin
(3) aggravated forgery and forgery in violation of sections 609.625 and 609.63.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end "Investigation" means an audit, investigation, proceeding, or inquiry by the Office
of the Inspector General related to a program participant in a department program.
deleted text begin (f)deleted text end new text begin (g)new text end "Program participant" means any entity or person, including associatednew text begin entities
ornew text end persons, that receives, disburses, or has custody of funds or other resources transferred
or disbursed under a department program.new text begin Associated persons or entities include but are not
limited to vendors or other entities or persons that contract with recipients of department
program funds.
new text end
new text begin
(h) "Theft" means the act defined in section 609.52, subdivision 2.
new text end
deleted text begin (g)deleted text end new text begin (i)new text end "Waste" means practices that, directly or indirectly, result in unnecessary costs
to department programs, such as misusing resources.new text begin Waste includes an attempt or act using
or expending resources carelessly, extravagantly, or to no purpose.
new text end
deleted text begin (h)deleted text end new text begin (j)new text end For purposes of this section, neither "fraud,"new text begin "theft,"new text end "waste," nor "abuse" includes
decisions on instruction, curriculum, personnel, or other discretionary policy decisions made
by a school district, charter school, cooperative unit as defined by section 123A.24,
subdivision 2, or any library, library system, or library district defined in section 134.001.
Sec. 8.
Minnesota Statutes 2024, section 127A.21, subdivision 4, is amended to read:
Subd. 4.
Access to records.
(a) For purposes of an investigation, and regardless of the
data's classification under chapter 13, the Office of the Inspector General shall have access
to all relevant books, accounts, documents, data, and property related to department programs
that are maintained by a program participant, charter school, or government entity as defined
by section 13.02.
(b) Notwithstanding paragraph (a), the Office of the Inspector General must issue a
subpoena under subdivision 3 in order to access routing and account numbers to which
Department of Education funds have been disbursed.
(c) Records requested by the Office of the Inspector General under this subdivision shall
be provided in a format, place, and time frame reasonably requested by the Office of the
Inspector General.
(d) The department may enter into specific agreements with other state agencies related
to records requests by the Office of the Inspector General.
new text begin
(e) In an investigation, program participants must give the Office of the Inspector General
immediate access without prior notice to any locations of potential record storage and the
records themselves, whether physical or electronic, during regular business hours, and to
any records related to a department program. Denying the Office of the Inspector General
access to requested records is cause for immediate suspension of payment.
new text end
new text begin
(f) The Office of the Inspector General, at its own expense, may photocopy or otherwise
duplicate any record related to a department program. Photocopying or electronic duplication
shall be done on the program participant's premises when immediate access is requested,
unless removal is specifically permitted by the program participant. If requested, a program
participant must help the Office of the Inspector General duplicate any department program
record or other records related to a department program's operation, including hard copies
or electronically stored data, on the day when access is requested.
new text end
Sec. 9.
Minnesota Statutes 2024, section 127A.21, subdivision 5, is amended to read:
Subd. 5.
Sanctions; appeal.
(a) This subdivision does not authorize any sanction that
reduces, pauses, or otherwise interrupts state or federal aid to a school district, charter school,
cooperative unit as defined by section 123A.24, subdivision 2, or any library, library system,
or library district defined in section 134.001.
(b) The inspector general may recommend that the commissioner impose appropriate
deleted text begin temporarydeleted text end sanctionsdeleted text begin , including withholding of payments under the department program,deleted text end on
a program participant deleted text begin pending an investigation by the Office of the Inspector Generaldeleted text end if:
deleted text begin
(1) during the course of an investigation, the Office of the Inspector General finds credible
indicia of fraud, waste, or abuse by the program participant;
deleted text end
deleted text begin (2)deleted text end new text begin (1)new text end there has been a criminal, civil, or administrative adjudication of fraud,new text begin theft,new text end
waste, or abuse against the program participant in Minnesota or in another state or
jurisdiction;new text begin or
new text end
deleted text begin
(3) the program participant was receiving funds under any contract or registered in any
program administered by another Minnesota state agency, a government agency in another
state, or a federal agency, and was excluded from that contract or program for reasons
credibly indicating fraud, waste, or abuse by the program participant; or
deleted text end
deleted text begin (4)deleted text end new text begin (2)new text end the program participant has a pattern of noncompliance with an investigation.
(c) If an investigation finds, by a preponderance of the evidence, fraud,new text begin theft,new text end waste, or
abuse by a program participant, the inspector general may, after reviewing all facts and
evidence and when acting judiciously on a case-by-case basis, recommend that the
commissioner impose appropriate sanctions on the program participant.
(d) Unless prohibited by law, the commissioner has the authority to implement
recommendations by the inspector general, including imposing appropriate sanctionsdeleted text begin ,
temporarily or otherwise,deleted text end on a program participant. Sanctions may include ending program
participation, stopping disbursement of funds or resources, monetary recovery, and
termination of department contracts with the participant for any current or future department
program or contract. A sanction may be imposed for up to the longest period permitted by
state or federal law. Sanctions authorized under this subdivision are in addition to other
remedies and penalties available under law.
(e) If the commissioner imposes sanctions on a program participant under this subdivision,
the commissioner must notify the participant in writing within seven business days of
imposing the sanction, unless requested in writing by a law enforcement agency to
temporarily delay issuing the notice to prevent disruption of an ongoing law enforcement
agency investigation. A notice of sanction must state:
(1) the sanction being imposed;
(2) the general allegations that form the basis for the sanction;
(3) the duration of the sanction;
(4) the department programs to which the sanction applies; and
(5) how the program participant may appeal the sanction pursuant to paragraph (e).
(f) A program participant sanctioned under this subdivision may, within 30 days after
the date the notice of sanction was mailed to the participant, appeal the determination by
requesting in writing that the commissioner initiate a contested case proceeding under
chapter 14. The scope of any contested case hearing is limited to the sanction imposed under
this subdivision. An appeal request must specify with particularity each disputed item, the
reason for the dispute, and must include the name and contact information of the person or
entity that may be contacted regarding the appeal.
(g) The commissioner shall lift sanctions imposed under this subdivision if the Office
of the Inspector General determines there is insufficient evidence of fraud,new text begin theft,new text end waste, or
abuse by the program participant. The commissioner must notify the participant in writing
within seven business days of lifting the sanction.
Sec. 10.
Minnesota Statutes 2024, section 127A.21, subdivision 6, is amended to read:
Subd. 6.
Data practices.
(a) It is not a violation of rights conferred by chapter 13 or any
other statute related to the confidentiality of government data for a government entity as
defined in section 13.02 to provide data or information under this section.
(b) The inspector general is subject to the Government Data Practices Act, chapter 13,
and shall protect from unlawful disclosure data classified as not public. Data collected,
created, received, or maintained by the inspector general relating to an deleted text begin audit,deleted text end investigation,
proceeding, or inquiry are subject to deleted text begin section 13.39deleted text end new text begin sections 13.3211 and 13.82new text end .
Sec. 11.
Minnesota Statutes 2024, section 127A.21, subdivision 7, is amended to read:
Subd. 7.
deleted text begin Retaliation,deleted text end Interference prohibited.
deleted text begin
(a) An employee or other individual
who discloses information to the Office of the Inspector General about fraud, waste, or
abuse in department programs is protected under section 181.932, governing disclosure of
information by employees.
deleted text end
deleted text begin (b)deleted text end No state employee may interfere with or obstruct an investigation authorized by this
section.
Sec. 12.
Minnesota Statutes 2024, section 127A.21, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Immunity and confidentiality. new text end
new text begin
(a) A person who makes a good faith report
is immune from any civil liability that might otherwise arise from reporting or participating
in the investigation. Nothing in this subdivision affects an individual's or entity's
responsibility for any monetary recovery under existing law or contractual obligation when
receiving public funds.
new text end
new text begin
(b) For purposes of this subdivision, "person" means a natural person.
new text end
new text begin
(c) After an investigation is complete, the reporter's name and any identifying information
must be kept confidential. The subject of the report may compel disclosure of the reporter's
name only with the consent of the reporter or upon a written finding by a district court that
the report was false and there is evidence that the report was made in bad faith. This
subdivision does not alter disclosure responsibilities or obligations under the Rules of
Criminal Procedure, except that when the identity of the reporter is relevant to a criminal
prosecution the district court shall conduct an in-camera review before determining whether
to order disclosure of the reporter's identity.
new text end
Sec. 13.
Minnesota Statutes 2024, section 127A.21, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Limits on receiving public funds; prohibition. new text end
new text begin
(a) This subdivision does not
authorize any action that reduces, pauses, or otherwise interrupts state or federal aid to a
school district, charter school, cooperative unit as defined in section 123A.24, subdivision
2, or any library, library system, or library district defined in section 134.001.
new text end
new text begin
(b) For purposes of this subdivision, "program participant" includes individuals or persons
who have an ownership interest in, control of, or the ability to control a program participant
in a department program.
new text end
new text begin
(c) If a program participant is excluded from a department program, the inspector general
shall notify the commissioner, who shall:
new text end
new text begin
(1) prohibit the excluded program participant from enrolling in, receiving grant money
from, or registering in any other program administered by the commissioner; and
new text end
new text begin
(2) disenroll or disqualify the excluded program participant from any other program
administered by the commissioner.
new text end
new text begin
(d) If a program participant enrolled, licensed, or receiving funds under any contract or
program administered by a Minnesota state agency or federal agency is excluded from that
program, the inspector general shall notify the commissioner, who may:
new text end
new text begin
(1) prohibit the excluded program participant from enrolling in, becoming licensed,
receiving grant money from, or registering in any other program administered by the
commissioner; and
new text end
new text begin
(2) disenroll or disqualify the excluded program participant from any other program
administered by the commissioner.
new text end
new text begin
(e) The duration of a prohibition, disenrollment, revocation, suspension, or
disqualification under paragraph (c) must last for the longest applicable sanction or
disqualifying period in effect for the program participant permitted by state or federal law.
The duration of a prohibition, disenrollment, revocation, suspension, or disqualification
under paragraph (d) may last up until the longest applicable sanction or disqualifying period
in effect for the program participant as permitted by state or federal law.
new text end
Sec. 14.
Minnesota Statutes 2024, section 127A.21, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Notice. new text end
new text begin
Within five days of taking an action against a program participant
under subdivision 9, paragraph (c) or (d), the commissioner must send notice of the action
to the program participant. The notice must state:
new text end
new text begin
(1) the basis for the action;
new text end
new text begin
(2) the effective date of the action;
new text end
new text begin
(3) the right to appeal the action; and
new text end
new text begin
(4) the requirements and procedures for reinstatement.
new text end
Sec. 15.
Minnesota Statutes 2024, section 127A.21, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Appeal. new text end
new text begin
(a) Upon receipt of a notice under subdivision 10, a program
participant may request a contested case hearing, as defined in section 14.02, subdivision
3, by filing with the commissioner a written request of appeal. The appeal request must be
received by the commissioner no later than 30 days after the date the notification was mailed
to the program participant.
new text end
new text begin
(b) The appeal request must specify: (1) each disputed item and the reason for the dispute;
(2) the authority in statute or rule upon which the program participant relies for each disputed
item; (3) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and (4) other information required by the commissioner.
new text end
new text begin
(c) Unless timely and proper appeal is received by the commissioner, the action of the
commissioner shall be considered final and binding on the effective date of the action as
stated in the notice under subdivision 10, clause (2).
new text end
Sec. 16.
Minnesota Statutes 2024, section 127A.21, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Withholding of payments. new text end
new text begin
(a) This subdivision does not authorize withholding
of payments that reduces, pauses, or otherwise interrupts state or federal aid to a school
district, charter school, cooperative unit as defined in section 123A.24, subdivision 2, or
any library, library system, or library district defined in section 134.001.
new text end
new text begin
(b) Except as otherwise provided by state or federal law, the inspector general shall
notify and recommend to the commissioner to withhold payments to a program participant
in any program administered by the commissioner, to the extent permitted under federal
law, if the commissioner determines there is a credible allegation of fraud or theft for which
an investigation is pending for a program administered by the department, a Minnesota state
agency, or a federal agency.
new text end
new text begin
(c) Allegations are considered credible when they have indicia of reliability and the
inspector general has reviewed the evidence and acts on a case-by-case basis. A credible
allegation of fraud is an allegation that has been verified by the commissioner from any
source, including but not limited to:
new text end
new text begin
(1) fraud hotline complaints;
new text end
new text begin
(2) claims data mining; and
new text end
new text begin
(3) patterns identified through provider audits, civil false claims cases, and investigations.
new text end
new text begin
(d) The commissioner must send notice of the withholding of payments within five days
of taking such action. The notice must: (1) state that payments are being withheld according
to this paragraph; (2) set forth the general allegations as to the reasons for the withholding
action, but need not disclose any specific information concerning an ongoing investigation;
(3) state that the withholding is for a temporary period and cite the circumstances under
which withholding will be terminated; and (4) inform the program participant of the right
to submit written evidence for consideration by the commissioner.
new text end
new text begin
(e) The withholding of payments shall not continue after the commissioner determines
there is insufficient evidence of fraud by the program participant or after legal proceedings
relating to the alleged fraud are completed, unless the commissioner has sent notice under
subdivision 5 of the intention to take an additional action related to the program participant's
participation in a program administered by the commissioner.
new text end
new text begin
(f) The withholding of payments is a temporary action and shall not be subject to appeal
under this subdivision or chapter 14.
new text end
Sec. 17.
Minnesota Statutes 2024, section 127A.49, subdivision 3, is amended to read:
Subd. 3.
Excess tax increment.
(a) new text begin The county auditor must, prior to February 1 of each
year, certify to the commissioner of education the amount of any excess tax increment that
accrued to the district during the preceding year. new text end If a return of excess tax increment is made
to a district pursuant to sections 469.176, subdivision 2, and 469.177, subdivision 9, or upon
decertification of a tax increment district, the school district's aid and levy limitations must
be adjusted for the fiscal year in which the excess tax increment is paid under the provisions
of this subdivision.
(b) An amount must be subtracted from the district's aid for the current fiscal year equal
to the product of:
(1) the amount of the payment of excess tax increment to the district in the preceding
year, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy in the third preceding year
according to the following:
(A) section 123B.57, if the district received health and safety aid according to that section
for the second preceding year;
(B) section 124D.20, if the district received aid for community education programs
according to that section for the second preceding year;
(C) section 142D.11, subdivision 3, if the district received early childhood family
education aid according to section 142D.11 for the second preceding year;
(D) section 126C.17, subdivision 6, if the district received referendum equalization aid
according to that section for the second preceding year;
(E) section 126C.10, subdivision 13a, if the district received operating capital aid
according to section 126C.10, subdivision 13b, in the second preceding year;
(F) section 126C.10, subdivision 29, if the district received equity aid according to
section 126C.10, subdivision 30, in the second preceding year;
(G) section 126C.10, subdivision 32, if the district received transition aid according to
section 126C.10, subdivision 33, in the second preceding year;
(H) section 123B.53, subdivision 5, if the district received debt service equalization aid
according to section 123B.53, subdivision 6, in the second preceding year;
(I) section 123B.535, subdivision 4, if the district received natural disaster debt service
equalization aid according to section 123B.535, subdivision 5, in the second preceding year;
(J) section 124D.22, subdivision 3, if the district received school-age care aid according
to section 124D.22, subdivision 4, in the second preceding year; and
(K) section 122A.415, subdivision 5, if the district received alternative teacher
compensation equalization aid according to section 122A.415, subdivision 6, paragraph (a),
in the second preceding year; to
(ii) the total amount of the district's certified levy in the third preceding year, plus or
minus auditor's adjustments.
(c) An amount must be subtracted from the school district's levy limitation for the next
levy certified equal to the difference between:
(1) the amount of the distribution of excess increment; and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision cannot be made to the aid for
the fiscal year specified or to the levy specified, the reductions must be made from aid for
subsequent fiscal years, and from subsequent levies. The school district must use the payment
of excess tax increment to replace the aid and levy revenue reduced under this subdivision.
(d) This subdivision applies only to the total amount of excess increments received by
a district for a calendar year that exceeds $25,000.
Sec. 18.
Minnesota Statutes 2024, section 268.19, subdivision 1, is amended to read:
Subdivision 1.
Use of data.
(a) Except as provided by this section, data gathered from
any person under the administration of the Minnesota Unemployment Insurance Law are
private data on individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except according to a district court order
or section 13.05. A subpoena is not considered a district court order. These data may be
disseminated to and used by the following agencies without the consent of the subject of
the data:
(1) state and federal agencies specifically authorized access to the data by state or federal
law;
(2) any agency of any other state or any federal agency charged with the administration
of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment offices
for the purpose of assisting individuals in obtaining employment;
(4) the public authority responsible for child support in Minnesota or any other state in
accordance with section 518A.83;
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;
(7) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the
Department of Commerce for uses consistent with the administration of their duties under
Minnesota law;
(9) the Department of Human Services and the Office of Inspector General and its agents
within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
provider is suspected of committing public assistance fraud;
(10) the Department of Human Services for the purpose of evaluating medical assistance
services and supporting program improvement;
(11) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program and other cash assistance programs, the Supplemental Nutrition Assistance Program,
and the Supplemental Nutrition Assistance Program Employment and Training program by
providing data on recipients and former recipients of Supplemental Nutrition Assistance
Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child
care assistance under chapter 142E, or medical programs under chapter 256B or 256L or
formerly codified under chapter 256D;
(12) local and state welfare agencies for the purpose of identifying employment, wages,
and other information to assist in the collection of an overpayment debt in an assistance
program;
(13) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of a
criminal investigation;
(14) the United States Immigration and Customs Enforcement has access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;
(15) the Department of Health for the purposes of epidemiologic investigations;
(16) the Department of Corrections for the purposes of case planning and internal research
for preprobation, probation, and postprobation employment tracking of offenders sentenced
to probation and preconfinement and postconfinement employment tracking of committed
offenders;
(17) the state auditor to the extent necessary to conduct audits of job opportunity building
zones as required under section 469.3201;
(18) the Office of Higher Education for purposes of supporting program improvement,
system evaluation, and research initiatives including the Statewide Longitudinal Education
Data System; deleted text begin and
deleted text end
(19) the Family and Medical Benefits Division of the Department of Employment and
Economic Development to be used as necessary to administer chapter 268Bdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(20) the Department of Education Office of the Inspector General for investigations
related to fraud, theft, waste, and abuse or other misuse of public funds by a program
participant in a department program pursuant to chapter 127A.21.
new text end
(b) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268.182 are confidential as to data on individuals
and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3
and 13, and must not be disclosed except under statute or district court order or to a party
named in a criminal proceeding, administrative or judicial, for preparation of a defense.
(c) Data gathered by the department in the administration of the Minnesota unemployment
insurance program must not be made the subject or the basis for any suit in any civil
proceedings, administrative or judicial, unless the action is initiated by the department.
APPENDIX
Repealed Minnesota Statutes: 25-00016
120B.124 READ ACT IMPLEMENTATION PARTNERSHIP.
Subd. 6.
Comprehensive review of literacy materials.
Starting in 2033, the department and an institution of higher education may partner to conduct a comprehensive review of curriculum and intervention materials to identify literacy curriculum and supporting materials, and intervention materials that are evidence-based, focused on structured literacy, culturally and linguistically responsive, and reflect diverse populations. The department must revise the list of approved curriculum and supporting materials, and intervention materials based on the findings of the review.