2nd Engrossment - 94th Legislature (2025 - 2026)
Posted on 11/18/2025 10:11 a.m.
A bill for an act
relating to education policy; 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 facilities,
and state agencies; requiring a report; amending Minnesota Statutes 2024, sections
10A.071, subdivision 1; 13.03, subdivision 3; 13.32, subdivision 5; 120A.22,
subdivisions 12, 13, by adding a subdivision; 120A.24, subdivision 4; 120B.021,
subdivisions 2, 3; 120B.024; 120B.119, subdivisions 2a, 10; 120B.12, subdivisions
1, 2, 2a, 3, 4, 4a; 120B.123, subdivisions 1, 5, 7, by adding a subdivision; 120B.124,
subdivision 2; 120B.35, subdivision 3; 120B.363, subdivisions 1, 2; 121A.031,
subdivisions 2, 4, 6; 121A.041, subdivisions 2, 3; 121A.22, subdivision 2;
121A.2205; 121A.2207; 121A.224; 121A.23, subdivision 1; 121A.41, subdivision
10; 121A.49; 121A.73; 122A.09, subdivision 9; 122A.092, subdivisions 2, 5;
122A.181, subdivision 3; 122A.182, subdivision 3; 122A.183, subdivision 2;
122A.20, subdivision 2; 122A.441; 123B.09, by adding a subdivision; 123B.32,
subdivisions 1, 2; 123B.52, by adding a subdivision; 124D.09, subdivisions 5, 5a,
5b, 9, 10; 124D.094, subdivision 1; 124D.111, by adding a subdivision; 124D.117,
subdivision 2; 124D.119, subdivision 5; 124D.162; 124D.42, subdivision 8;
124D.52, subdivision 2; 124D.792; 124E.02; 124E.03, subdivision 2, by adding
a subdivision; 124E.05, subdivision 2; 124E.06, subdivision 7, by adding a
subdivision; 124E.07, subdivisions 2, 3, 5, 6, 8; 124E.10, subdivision 4; 124E.13,
subdivision 3; 124E.16, subdivisions 1, 3, by adding a subdivision; 124E.17;
124E.26, subdivisions 4, 5, by adding a subdivision; 125A.091, subdivisions 3a,
5; 125A.0942, subdivisions 4, 6; Laws 2024, chapter 115, article 2, section 21,
subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapters
120B; 124D; 125A; repealing Minnesota Statutes 2024, sections 120B.124,
subdivision 6; 123B.935, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2024, section 120A.22, is amended by adding a subdivision
to read:
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(a) A home school is a school of students related
by parent or legal guardian, directed by the students' parent or legal guardian, or, with the
parent or legal guardian's written permission, a school directed by another individual who
meets requirements for an instructor under subdivision 10. The home school primary address
must be a residence in Minnesota.
new text end
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(b) "Directing a home school" means the home school parent or legal guardian, or
instructor under subdivision 10, is responsible for selecting the students' materials,
curriculum, and instruction plan; providing assessments required by subdivision 11 and
maintaining or reporting records of required assessments; choosing the time, location, and
method for daily instruction; and issuing transcripts and diplomas. Directing a home school
has the same meaning as operating a home school.
new text end
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(c) An individual with a conviction of, admission to, or Alford plea to one or more crimes
listed in section 245C.15, subdivision 1, regardless of whether the conviction or admission
is a felony, gross misdemeanor, or misdemeanor level crime is disqualified from directing
or operating a home school. A home school educator must not operate a home school if any
other adult residing in the home or home school setting has been convicted of or admitted
to a crime described in this paragraph.
new text end
Minnesota Statutes 2024, section 120A.22, subdivision 12, is amended to read:
(a) A parent, guardian, or other person having control
of a child may apply to a school district to have the child excused from attendance for the
whole or any part of the time school is in session during any school year. Application may
be made to deleted text begin any member of the board,deleted text end a truant officerdeleted text begin , adeleted text end new text begin or the school official designated by
thenew text end principaldeleted text begin , or the superintendentdeleted text end . The school district may state in its school attendance
policy that it may ask the student's parent or legal guardian to verify in writing the reason
for the child's absence from school. A note from a physician or a licensed mental health
professional stating that the child cannot attend school is a valid excuse. The board of the
district in which the child resides may approve the application upon the following being
demonstrated to the satisfaction of that board:
(1) that the child's physical or mental health is such as to prevent attendance at school
or application to study for the period required, which includes:
(i) child illness, medical, dental, orthodontic, or counseling appointments, including
appointments conducted through telehealth;
(ii) family emergencies;
(iii) the death or serious illness or funeral of an immediate family member;
(iv) active duty in any military branch of the United States;
(v) the child has a condition that requires ongoing treatment for a mental health diagnosis;
or
(vi) other exemptions included in the district's school attendance policy;
(2) that the child has already completed state and district standards required for graduation
from high school; or
(3) that it is the wish of the parent, guardian, or other person having control of the child
that the child attend, for a period or periods not exceeding in the aggregate three hours in
any week, instruction conducted by a Tribal spiritual or cultural advisor, or a school for
religious instruction conducted and maintained by a church, or association of churches, or
any Sunday school association incorporated under the laws of this state, or any auxiliary
thereof. This instruction must be conducted and maintained in a place other than a public
school building, and it must not, in whole or in part, be conducted and maintained at public
expense. A child may be absent from school on days that the child attends upon instruction
according to this clause.
(b) Notwithstanding subdivision 6, paragraph (a), a parent may withdraw a child from
an all-day, every day kindergarten program and put their child in a half-day program, if
offered, or an alternate-day program without being truant. A school board must excuse a
kindergarten child from a part of a school day at the request of the child's parent.
Minnesota Statutes 2024, section 120A.22, subdivision 13, is amended to read:
new text begin
(a) A student who is participating
in cocurricular or extracurricular activities must be counted as in attendance to the extent
that the activities occur during school hours. For the purposes of this paragraph, "cocurricular
activities" and "extracurricular activities" have the meanings given in section 123B.49,
subdivisions 3 and 4.
new text end
new text begin (b) new text end The deleted text begin clerk or any authorized officer of the boarddeleted text end new text begin principalnew text end must issue and keep a
record of such excuses, under such rules as the board may from time to time establish.
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This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 120A.24, subdivision 4, is amended to read:
new text begin (a) new text end A superintendent must make an annual
report to the commissioner of education by December 1 of the total number of nonpublic
children reported as residing in the district. The report must include the following
information:
(1) the number of children residing in the district attending nonpublic schools or receiving
instruction from persons or institutions other than a public school;
(2) the number of children in clause (1) who are in compliance with section 120A.22
and this section; and
(3) the number of children in clause (1) who the superintendent has determined are not
in compliance with section 120A.22 and this section.
new text begin
(b) No later than 15 school days after the beginning of each academic term, a school
principal must report to the superintendent a list of names and last known addresses of all
students who were enrolled in the school for the previous term, are not enrolled in the school
for the current term, and were otherwise eligible for enrollment, unless the school has been
notified that the student has enrolled in another school. The superintendent must immediately
make the list received from the principal available to an authorized representative of a county
agency whose statutory purpose is to enroll students in school.
new text end
Minnesota Statutes 2024, section 120B.021, subdivision 2, is amended to read:
(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.
Minnesota Statutes 2024, section 120B.024, is amended to read:
(a) Students must successfully complete the
following high school level credits for graduation:
(1) four credits of language arts sufficient to satisfy all of the academic standards in
English language arts;
(2) three credits of mathematics sufficient to satisfy all of the academic standards in
mathematics;
(3) three credits of science, including one credit to satisfy all the earth and space science
standards for grades 9 through 12, one credit to satisfy all the life science standards for
grades 9 through 12, and one credit to satisfy all the chemistry or physics standards for
grades 9 through 12;
(4) three and one-half credits of social studies, including credit for a course in government
and citizenship in either grade 11 or 12 for students beginning grade 9 in the 2025-2026
school year and later or an advanced placement, international baccalaureate, or other rigorous
course on government and citizenship under section 120B.021, subdivision 1a, and a
combination of other credits encompassing at least United States history, geography,
government and citizenship, world history, and economics sufficient to satisfy all of the
academic standards in social studies;
(5) one credit of the arts sufficient to satisfy all of the academic standards in the arts;
(6) credit sufficient to satisfy the state standards in physical education;
(7) credits sufficient to satisfy the state standards in health upon adoption of statewide
rules for implementing health standards under section 120B.021; and
(8) a minimum of seven elective credits.
(b) Students who begin grade 9 in the 2024-2025 school year and later must successfully
complete a course for credit in personal finance in grade 10, 11, or 12. A teacher of a personal
finance course that satisfies the graduation requirement must have a field license or
out-of-field permission in agricultural education, business, family and consumer science,
social studies, or math.
(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 deleted text begin (5)deleted text end new text begin (4)new text end ,
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 deleted text begin (4)deleted text end new text begin (3)new text end , 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 deleted text begin (4)deleted text end new text begin (3)new text end , 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 deleted text begin (4)deleted text end new text begin (3)new text end .
(c) A career and technical education credit may fulfill a mathematics or arts credit
requirement under subdivision 1, clause (2) or deleted text begin (6)deleted text end new text begin (5)new text end .
(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) deleted text begin abovedeleted text end .
(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 deleted text begin (4)deleted text end new text begin (3)new text end , 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.
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(h) A personal finance credit taught by a teacher with a field license or out-of-field
permission in math may fulfill a mathematics credit requirement under subdivision 1, clause
(2).
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This section is effective for the 2025-2026 school year and later.
new text end
Minnesota Statutes 2024, section 124D.09, subdivision 5, is amended to read:
(a) Notwithstanding any other law to the contrary,
an 11th or 12th grade pupil enrolled in a new text begin school 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
Minnesota Statutes 2024, section 124D.09, subdivision 5a, is amended to read:
A 10th, 11th, or 12th grade
pupil enrolled in a new text begin school new text end 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.
Minnesota Statutes 2024, section 124D.09, subdivision 5b, is amended to read:
Notwithstanding any other law to
the contrary, a 9th or 10th grade pupil enrolled in a new text begin school new text end 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 school 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.
Minnesota Statutes 2024, section 124D.09, subdivision 9, is amended to read:
(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 except,
notwithstanding other law to the contrary, 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.
Minnesota Statutes 2024, section 124D.09, subdivision 10, is amended to read:
(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, 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, 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,
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 new text begin school new 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.
Minnesota Statutes 2024, section 124D.094, subdivision 1, is amended to read:
(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).
Minnesota Statutes 2024, section 124D.52, subdivision 2, is amended to read:
(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.
new text begin
The revisor of statutes must substitute the term "school 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
Minnesota Statutes 2024, section 13.03, subdivision 3, is amended to read:
(a) Upon request to a responsible authority or
designee, a person shall be permitted to inspect and copy public government data at
reasonable times and places, and, upon request, shall be informed of the data's meaning. If
a person requests access for the purpose of inspection, the responsible authority may not
assess a charge or require the requesting person to pay a fee to inspect data.
(b) For purposes of this section, "inspection" includes, but is not limited to, the visual
inspection of paper and similar types of government data. Inspection does not include
printing copies by the government entity, unless printing a copy is the only method to provide
for inspection of the data. In the case of data stored in electronic form and made available
in electronic form on a remote access basis to the public by the government entity, inspection
includes remote access to the data by the public and the ability to print copies of or download
the data on the public's own computer equipment. Nothing in this section prohibits a
government entity from charging a reasonable fee for remote access to data under a specific
statutory grant of authority. A government entity may charge a fee for remote access to data
where either the data or the access is enhanced at the request of the person seeking access.
(c) The responsible authority or designee shall provide copies of public data upon request.
If a person requests copies or electronic transmittal of the data to the person, the responsible
authority may require the requesting person to pay the actual costs of searching for and
retrieving government data, including the cost of employee time, and for making, certifying,
and electronically transmitting the copies of the data or the data, but may not charge for
separating public from not public data. However, if 100 or fewer pages of black and white,
letter or legal size paper copies are requested, actual costs shall not be used, and instead,
the responsible authority may charge no more than 25 cents for each page copied. If the
responsible authority or designee is not able to provide copies at the time a request is made,
copies shall be supplied as soon as reasonably possible.
(d) When a request under this subdivision involves any person's receipt of copies of
public government data that has commercial value and is a substantial and discrete portion
of or an entire formula, pattern, compilation, program, device, method, technique, process,
database, or system developed with a significant expenditure of public funds by the
government entity, the responsible authority may charge a reasonable fee for the information
in addition to the costs of making and certifying the copies. Any fee charged must be clearly
demonstrated by the government entity to relate to the actual development costs of the
information. The responsible authority, upon the request of any person, shall provide
sufficient documentation to explain and justify the fee being charged.
(e) The responsible authority of a government entity that maintains public government
data in a computer storage medium shall provide to any person making a request under this
section a copy of any public data contained in that medium, in electronic form, if the
government entity can reasonably make the copy or have a copy made. This does not require
a government entity to provide the data in an electronic format or program that is different
from the format or program in which the data are maintained by the government entity. The
entity may require the requesting person to pay the actual cost of providing the copy.
(f) If the responsible authority or designee determines that the requested data is classified
so as to deny the requesting person access, the responsible authority or designee shall inform
the requesting person of the determination either orally at the time of the request, or in
writing as soon after that time as possible, and shall cite the specific statutory section,
temporary classification, or specific provision of federal law on which the determination is
based. Upon the request of any person denied access to data, the responsible authority or
designee shall certify in writing that the request has been denied and cite the specific statutory
section, temporary classification, or specific provision of federal law upon which the denial
was based.
new text begin
(g) If a responsible authority has notified the requesting person that responsive data or
copies are available for inspection or collection, and the requesting person does not inspect
the data or collect the copies within five business days of the notification, the responsible
authority may suspend any further response to the request until the requesting person inspects
the data that has been made available or collects and pays for the copies that have been
produced.
new text end
new text begin
School districts and charter schools are encouraged to provide instruction on healthy
aging and dementia to students in grades 6 through 12 that is aligned with applicable health
standards and integrated into existing programs, curriculum, or the general school
environment of a district or charter school. By July 1, 2026, and each even-numbered year
thereafter, the commissioner of education, in consultation with the commissioner of health
and dementia advocacy organizations, must provide districts and charter schools with
age-appropriate resources on healthy aging and dementia, including but not limited to
strategies to maintain brain health, information on Alzheimer's disease and other forms of
dementia, and caring for an elder with a cognitive impairment.
new text end
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 120B.35, subdivision 3, is amended to read:
(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 In addition, the commissioner must report language
development outcomes of the target language of instruction other than English for all students
who are in a dual language immersion program.
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.
Minnesota Statutes 2024, section 120B.363, subdivision 1, is amended to read:
The deleted text begin Professional Educator Licensing and Standards Boarddeleted text end new text begin
commissionernew text end must adopt rules to implement a statewide credential for education
paraprofessionals who assist a licensed teacher in providing student instruction. Any
paraprofessional holding this credential or working in a local school district after meeting
a state-approved local assessment is considered to be highly qualified under federal law.
Under this subdivision, deleted text begin the Professional Educator Licensing and Standards Board, in
consultation withdeleted text end the commissionerdeleted text begin ,deleted text end must adopt qualitative criteria for approving local
assessments that include an evaluation of a paraprofessional's knowledge of reading, writing,
and math and the paraprofessional's ability to assist in the instruction of reading, writing,
and math. The commissioner must approve or disapprove local assessments using these
criteria. The commissioner must make the criteria available to the public.
Minnesota Statutes 2024, section 120B.363, subdivision 2, is amended to read:
In adopting rules under subdivision 1, the deleted text begin boarddeleted text end new text begin
commissionernew text end must consider including provisions that provide training in: students'
characteristics; teaching and learning environment; academic instruction skills; student
behavior; and ethical practices.
Minnesota Statutes 2024, section 121A.031, subdivision 2, is amended to read:
(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.
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
Minnesota Statutes 2024, section 121A.031, subdivision 4, is amended to read:
(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.
Minnesota Statutes 2024, section 121A.031, subdivision 6, is amended to read:
(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.
Minnesota Statutes 2024, section 121A.041, subdivision 2, is amended to read:
(a) Starting September 1, 2026, a
public school may not have or adopt a name, symbol, or image that depicts or refers to an
American Indian Tribe, individual, custom, or tradition to be used as a mascot, nickname,
logo, letterhead, or team name of the school, district, or school within the district, unless
the school has obtained an exemption under subdivision 3.
(b) The prohibition in paragraph (a) does not apply to a public school located within the
reservation of a federally recognized Tribal Nation in Minnesota, where at least 95 percent
of students meet the state definition of American Indian student.
(c) A school district with a prohibited American Indian mascot according to paragraph
(a), that has not received an exemption according to subdivision 3, must report to the chairs
and ranking minority members of the legislative committees having jurisdiction over
kindergarten through grade 12 education policy new text begin and education finance new text end by February 14,
2025, and again by February 1, 2026, on the district's progress to comply with this section;
and the district must submit copies of the reports to the Legislative Reference Library. The
reports must include the following:
(1) confirmation that the district has removed the American Indian mascot, nickname,
logo, letterhead, or team name from the district website;
(2) confirmation that the board of the district has approved a new mascot, nickname,
logo, letterhead, or team name;
(3) a summary of the district's progress on removing the American Indian mascot,
nickname, logo, letterhead, or team name from uniforms, equipment, signs, elements of
facilities, and other district items; and
(4) a summary of resources necessary to comply with the prohibition in paragraph (a)
and the district's plan to raise and allocate any necessary funds.
new text begin
This section is effective for reports submitted after June 30, 2025.
new text end
Minnesota Statutes 2024, section 121A.041, subdivision 3, is amended to read:
A public school may seek an exemption to subdivision 2 by
deleted text begin submitting a request in writing to all 11 federally recognized Tribal Nations in Minnesota
and to the Tribal Nations Education Committee by September 1, 2023. The exemption is
denied if any of the 11 Tribal Nations or the Tribal Nations Education Committee oppose
the exemption by December 15, 2023deleted text end new text begin requesting a letter of consent from the federally
recognized Tribal Nation in Minnesota that is located nearest to the public schoolnew text end . A public
school whose request for deleted text begin an exemptiondeleted text end new text begin consent from a Tribal Nationnew text end is denied must comply
with subdivision 2 deleted text begin by September 1, 2026deleted text end .
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 121A.22, subdivision 2, is amended to read:
In addition, this section does not apply to drugs or medicine that
are:
(1) purchased without a prescription;
(2) used by a pupil who is 18 years old or older;
(3) used in connection with services for which a minor may give effective consent,
including section 144.343, subdivision 1, and any other law;
(4) used in situations in which, in the judgment of the school personnel, including a
licensed nurse, who are present or available, the risk to the pupil's life or health is of such
a nature that drugs or medicine should be given without delay;
(5) used off the school grounds;
(6) used in connection with athletics or extra curricular activities;
(7) used in connection with activities that occur before or after the regular school day;
(8) provided or administered by a public health agency to prevent or control an illness
or a disease outbreak as provided for in sections 144.05 and 144.12;
(9) prescription asthma or reactive airway disease medications self-administered by a
pupil with an asthma inhaler, consistent with section 121A.221, if the district has received
a written authorization from the pupil's parent permitting the pupil to self-administer the
medication, the inhaler is properly labeled for that student, and the parent has not requested
school personnel to administer the medication to the pupil. The parent must submit written
authorization for the pupil to self-administer the medication each school year; or
(10) epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end , consistent with section 121A.2205, if
the parent and prescribing medical professional annually inform the pupil's school in writing
that (i) the pupil may possess the epinephrine or (ii) the pupil is unable to possess the
epinephrine and requires immediate access to epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end
that the parent provides properly labeled to the school for the pupil as needed.
Minnesota Statutes 2024, section 121A.2205, is amended to read:
As used in this section:
(1) "administer" means the direct application of an epinephrine deleted text begin auto-injectordeleted text end new text begin delivery
systemnew text end to the body of an individual;
(2) "epinephrine deleted text begin auto-injectordeleted text end new text begin delivery systemnew text end " means a deleted text begin device that automatically injects
a premeasured dose of epinephrinedeleted text end new text begin medication product approved by the United States Food
and Drug Administration that automatically delivers a single, premeasured dose of
epinephrine to prevent or treat a life-threatening allergic reactionnew text end ; and
(3) "school" means a public school under section 120A.22, subdivision 4, or a nonpublic
school, excluding a home school, under section 120A.22, subdivision 4, that is subject to
the federal Americans with Disabilities Act.
(a) At the start
of each school year or at the time a student enrolls in school, whichever is first, a student's
parent, school staff, including those responsible for student health care, and the prescribing
medical professional must develop and implement an individualized written health plan for
a student who is prescribed epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end that enables the
student to:
(1) possess epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end ; or
(2) if the parent and prescribing medical professional determine the student is unable to
possess the epinephrine, have immediate access to epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery
systemsnew text end in close proximity to the student at all times during the instructional day.
The plan must designate the school staff responsible for implementing the student's
health plan, including recognizing anaphylaxis and administering epinephrine deleted text begin auto-injectorsdeleted text end new text begin
delivery systemsnew text end when required, consistent with section 121A.22, subdivision 2, clause
(10). This health plan may be included in a student's 504 plan.
(b) Other nonpublic schools are encouraged to develop and implement an individualized
written health plan for students requiring epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end ,
consistent with this section and section 121A.22, subdivision 2, clause (10).
(c) A school district and its agents and employees are immune from liability for any act
or failure to act, made in good faith, in implementing this section and section 121A.2207.
(d) The deleted text begin educationdeleted text end commissioner new text begin of education, in collaboration with the commissioner
of health, new text end may develop and transmit to interested schools a model policy and individualized
health plan form consistent with this section and federal 504 plan requirements. The policy
and form may:
(1) assess a student's ability to safely possess epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end ;
(2) identify staff training needs related to recognizing anaphylaxis and administering
epinephrine when needed;
(3) accommodate a student's need to possess or have immediate access to epinephrine
deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end in close proximity to the student at all times during the
instructional day; and
(4) ensure that the student's parent provides properly labeled epinephrine deleted text begin auto-injectorsdeleted text end new text begin
delivery systemsnew text end to the school for the student as needed.
(e) Additional epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end may be available in school
first aid kits.
(f) The school board of the school district must define instructional day for the purposes
of this section.
Minnesota Statutes 2024, section 121A.2207, is amended to read:
(a) Notwithstanding
section 151.37, districts and schools may obtain and possess epinephrine deleted text begin auto-injectorsdeleted text end new text begin
delivery systemsnew text end to be maintained and administered by school personnel, including a licensed
nurse, to a student or other individual if, in good faith, it is determined that person is
experiencing anaphylaxis regardless of whether the student or other individual has a
prescription for an epinephrine deleted text begin auto-injectordeleted text end new text begin delivery systemnew text end . The administration of an
epinephrine deleted text begin auto-injectordeleted text end new text begin delivery systemnew text end in accordance with this section is not the practice
of medicine.
(b) Registered nurses may administer epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end in a
school setting according to a condition-specific protocol as authorized under section 148.235,
subdivision 8. Notwithstanding any limitation in sections 148.171 to 148.285, licensed
practical nurses may administer epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end in a school
setting according to a condition-specific protocol that does not reference a specific patient
and that specifies the circumstances under which the epinephrine deleted text begin auto-injectordeleted text end new text begin delivery
systemnew text end is to be administered, when caring for a patient whose condition falls within the
protocol.
A district or school may enter into
arrangements with manufacturers of epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end to obtain
epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end at fair-market, free, or reduced prices. A third
party, other than a manufacturer or supplier, may pay for a school's supply of epinephrine
deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end .
new text begin
The
commissioner of health must provide a district or school with a standing order for distribution
of epinephrine delivery systems under sections 148.235, subdivision 8; and 151.37,
subdivision 2.
new text end
Minnesota Statutes 2024, section 121A.224, is amended to read:
(a) A school district or charter school
must maintain a supply of opiate antagonists, as defined in section 604A.04, subdivision 1,
at each school site to be administered in compliance with section 151.37, subdivision 12.
(b) Each school building must have at least two doses of a nasal opiate antagonist
available on site.
(c) The commissioner of health shall identify resources, including at least one training
video, to help schools implement an opiate antagonist emergency response and make the
resources available for schools.
(d) A school board may adopt a model plan for use, storage, and administration of opiate
antagonists.
new text begin
A school district or charter school must allow a student
in grades 9 through 12 to possess and administer an opiate antagonist to another high school
student if the district or charter school has received written authorization from the student's
parent or guardian permitting the student to possess and administer the opiate antagonist.
The protections of section 604A.04 apply to the possession and administration of opiate
antagonists according to this section.
new text end
Minnesota Statutes 2024, section 121A.23, subdivision 1, is amended to read:
The
commissioner of education, in consultation with the commissioner of health, shall assist
districts in developing and implementing a program to prevent and reduce the risk of sexually
transmitted infections and diseases, including but not exclusive to human immune deficiency
virus and human papilloma virus. Each district must have a program that includes at least:
(1) planning materials, guidelines, and other deleted text begin technically accurate anddeleted text end updated informationnew text begin
that is medically accurate and unbiasednew text end ;
(2) a comprehensive, deleted text begin technicallydeleted text end new text begin medicallynew text end accurate, new text begin unbiased, new text end and updated curriculum
that includes helping students deleted text begin todeleted text end abstain from sexual activity deleted text begin until marriagedeleted text end new text begin and gain
knowledge of other methods of preventing sexually transmitted infections and diseases, and
is inclusive of all students regardless of their protected class status under chapter 363Anew text end ;
(3) cooperation and coordination among districts and SCs;
deleted text begin
(4) a targeting of adolescents, especially those who may be at high risk of contracting
sexually transmitted infections and diseases, for prevention efforts;
deleted text end
deleted text begin (5)deleted text end new text begin (4)new text end involvement of parents and other community members;
deleted text begin (6)deleted text end new text begin (5)new text end in-service training for appropriate district staff and school board members;
deleted text begin (7)deleted text end new text begin (6)new text end collaboration with state agencies and organizations having a sexually transmitted
infection and disease prevention or sexually transmitted infection and disease risk reduction
program;
deleted text begin (8)deleted text end new text begin (7)new text end collaboration with local community health services, agencies and organizations
having a sexually transmitted infection and disease prevention or sexually transmitted
infection and disease risk reduction program; and
deleted text begin (9)deleted text end new text begin (8)new text end participation by state and local student organizations.
The department may provide assistance at a neutral site to a nonpublic school participating
in a district's program. District programs must not conflict with the health and wellness
curriculum developed under Laws 1987, chapter 398, article 5, section 2, subdivision 7.
If a district fails to develop and implement a program to prevent and reduce the risk of
sexually transmitted infection and disease, the department must assist the service cooperative
in the region serving that district to develop or implement the program.
Minnesota Statutes 2024, section 121A.41, subdivision 10, is amended to read:
"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.
Minnesota Statutes 2024, section 121A.49, is amended to read:
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 deleted text begin its actualdeleted text end 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.
Minnesota Statutes 2024, section 121A.73, is amended to read:
new text begin (a) new text end A school district or charter school must adopt a policy on students' possession and
use of cell phones in school by March 15, 2025. The Minnesota Elementary School Principals'
Association and the Minnesota Association of Secondary School Principals must collaborate
to make best practices available to schools on a range of different strategies in order to
minimize the impact of cell phones on student behavior, mental health, and academic
attainment.
new text begin
(b) Beginning in the 2026-2027 school year, the school district or charter school's school
cell phone policy must prohibit cell phones and smart watches in school for students in
grades kindergarten through 8 and prohibit cell phones and smart watches in classrooms
for students in grades 9 through 12. The policy must provide exceptions for devices necessary
for medical use, exceptions for devices included in an individualized education program
for a student with a disability, or other exceptions at the discretion of the school principal.
A school district or charter school with a school building that includes a combination of
elementary, middle, or secondary students must adopt a policy under this section that
prohibits cell phones and smart watches in school or in classrooms.
new text end
Minnesota Statutes 2024, section 122A.09, subdivision 9, is amended to read:
(a)
The Professional Educator Licensing and Standards Board must adopt rules subject to the
provisions of chapter 14 to implement sections deleted text begin 120B.363,deleted text end 122A.05 to 122A.09, 122A.092,
122A.16, 122A.17, 122A.18, 122A.181, 122A.182, 122A.183, 122A.184, 122A.185,
122A.187, 122A.188, 122A.19, 122A.20, 122A.21, 122A.23, 122A.26, 122A.28, 122A.29,
and 124D.72.
(b) The board must adopt rules relating to fields of licensure and grade levels that a
licensed teacher may teach, including a process for granting permission to a licensed teacher
to teach in a field that is different from the teacher's field of licensure without change to the
teacher's license tier level.
(c) If a rule adopted by the board is in conflict with a session law or statute, the law or
statute prevails. Terms adopted in rule must be clearly defined and must not be construed
to conflict with terms adopted in statute or session law.
(d) The board must include a description of a proposed rule's probable effect on teacher
supply and demand in the board's statement of need and reasonableness under section 14.131.
(e) The board must adopt rules only under the specific statutory authority.
Minnesota Statutes 2024, section 122A.092, subdivision 2, is amended to read:
Teacher preparation programs must
demonstrate the following to obtain board approval:
(1) the program has implemented a research-based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective;
(2) the program provides a student teaching program;
(3) the program demonstrates effectiveness based on proficiency of graduates in
demonstrating attainment of program outcomes;
(4) the program includes a common core of teaching knowledge and skills. This common
core shall meet the standards developed by the Interstate New Teacher Assessment and
Support Consortium deleted text begin in its 1992 model standardsdeleted text end for beginning teacher licensing and
development. Amendments to standards adopted under this clause are subject to chapter
14deleted text begin . The Professional Educator Licensing and Standards Board shall report annually to the
education committees of the legislature on the performance of teacher candidates on common
core assessments of knowledge and skills under this clause during the most recent school
yeardeleted text end ;
(5) the program includes instruction on the knowledge and skills needed to provide
appropriate instruction to English learners to support and accelerate their academic literacy,
including oral academic language and achievement in content areas in a regular classroom
setting; and
(6) the program includes culturally competent training in instructional strategies consistent
with section 120B.30, subdivision 8.
Minnesota Statutes 2024, section 122A.092, subdivision 5, is amended to read:
(a) A teacher preparation provider approved by the
Professional Educator Licensing and Standards Board to prepare persons for classroom
teacher licensure must include in its teacher preparation programs evidence-based best
practices in reading, consistent with sections 120B.118 to 120B.124, including instruction
on phonemic awareness, phonics, vocabulary development, reading fluency, and reading
comprehension. Instruction on reading must enable the licensure candidate to teach reading
in the candidate's content areas. Teacher candidates must be instructed in using students'
native languages as a resource in creating effective differentiated instructional strategies
for English learners developing literacy skills. deleted text begin A teacher preparation provider also must
prepare early childhood and elementary teacher candidates for Tier 3 and Tier 4 teaching
licenses under sections 122A.183 and 122A.184, respectively.
deleted text end
(b) Board-approved teacher preparation programs for teachers of elementary education
must require instruction in applying evidence-based, structured literacy reading instruction
programs that:
(1) teach students to read using foundational knowledge, practices, and strategies
consistent with sections 120B.118 to 120B.124, with emphasis on mastery of foundational
reading skills so that students achieve continuous progress in reading; and
(2) teach specialized instruction in reading strategies, interventions, and remediations
that enable students of all ages and proficiency levels, including multilingual learners and
students demonstrating characteristics of dyslexia, to become proficient readers.
(c) Board-approved teacher preparation programs for teachers of elementary education,
early childhood education, special education, and reading intervention must include
instruction on dyslexia, as defined in section 125A.01, subdivision 2. Teacher preparation
programs may consult with the Department of Education, including the dyslexia specialist
under section 120B.122, to develop instruction under this paragraph. Instruction on dyslexia
must be modeled on practice standards of the International Dyslexia Association, and must
address:
(1) the nature and symptoms of dyslexia;
(2) resources available for students who show characteristics of dyslexia;
(3) evidence-based instructional strategies for students who show characteristics of
dyslexia, including the structured literacy approach; and
(4) outcomes of intervention and lack of intervention for students who show
characteristics of dyslexia.
(d) Nothing in this section limits the authority of a school district to select a school's
reading program or curriculum.
Minnesota Statutes 2024, section 122A.181, subdivision 3, is amended to read:
(a) The Professional Educator Licensing and
Standards Board must issue an initial Tier 1 license for a term of one year. A Tier 1 license
may be renewed subject to paragraphs (b) and (c).
(b) The Professional Educator Licensing and Standards Board must renew a Tier 1
license if:
(1) the district or charter school requesting the renewal demonstrates that it has posted
the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license
for the position;
deleted text begin
(2) the teacher holding the Tier 1 license took a content examination in accordance with
section 122A.185 and submitted the examination results to the teacher's employing district
or charter school within one year of the board approving the request for the initial Tier 1
license;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end the teacher holding the Tier 1 license participated in cultural competency training
consistent with section 120B.30, subdivision 8, within one year of the board approving the
request for the initial Tier 1 license; and
deleted text begin (4)deleted text end new text begin (3)new text end the teacher holding the Tier 1 license met the mental illness training renewal
requirement under section 122A.187, subdivision 6.
deleted text begin
The requirement in clause (2) does not apply to a teacher that teaches a class in a career and
technical education or career pathways course of study.
deleted text end
(c) A Tier 1 license must not be renewed more than three times, unless the requesting
district or charter school can show good cause for additional renewals. A Tier 1 license
issued to teach (1) a class or course in a career and technical education or career pathway
course of study, or (2) in a shortage area, as defined in section 122A.06, subdivision 6, may
be renewed without limitation.
Minnesota Statutes 2024, section 122A.20, subdivision 2, is amended to read:
(a) A school board, superintendent, charter school
board, charter school executive director, or charter school authorizer must report to the
Professional Educator Licensing and Standards Board, the Board of School Administrators,
or the Board of Trustees of the Minnesota State Colleges and Universities, whichever has
jurisdiction over the teacher's or administrator's license, when its teacher or administrator
is discharged or resigns from employment after a charge is filed with the school board under
section 122A.41, subdivisions 6, paragraph (a), clauses (1), (2), and (3), and 7, or after
charges are filed that are grounds for discharge under section 122A.40, subdivision 13,
paragraph (a), clauses (1) to (5), or when a teacher or administrator is suspended or resigns
while an investigation is pending under section 122A.40, subdivision 13, paragraph (a),
clauses (1) to (5), or chapter 260E; or 122A.41, subdivisions 6, clauses (1), (2), and (3),
and 7; or when a teacher or administrator is suspended without an investigation under section
122A.41, subdivisions 6, paragraph (a), clauses (1), (2), and (3), and 7, or chapter 260E.new text begin
For the purposes of this subdivision, the term "discharge" includes a rescinded contract or
a nonrenewed contract. A report must be filed if the teacher or administrator's contract is
rescinded or nonrenewed in lieu of discharge under this subdivision.new text end The report must be
made to the appropriate licensing board within ten days after the discharge, suspension, or
resignation has occurred. The licensing board to which the report is made must investigate
the report for violation of subdivision 1 and the reporting board, administrator, or authorizer
must cooperate in the investigation. Notwithstanding any provision in chapter 13 or any
law to the contrary, upon written request from the licensing board having jurisdiction over
the license, a board, charter school, authorizer, charter school executive director, or school
superintendent shall provide the licensing board with information about the teacher or
administrator from the district's files, any termination or disciplinary proceeding, any
settlement or compromise, or any investigative file. Upon written request from the appropriate
licensing board, a board or school superintendent may, at the discretion of the board or
school superintendent, solicit the written consent of a student and the student's parent to
provide the licensing board with information that may aid the licensing board in its
investigation and license proceedings. The licensing board's request need not identify a
student or parent by name. The consent of the student and the student's parent must meet
the requirements of chapter 13 and Code of Federal Regulations, title 34, section 99.30.
The licensing board may provide a consent form to the district. Any data transmitted to any
board under this section is private data under section 13.02, subdivision 12, notwithstanding
any other classification of the data when it was in the possession of any other agency.
(b) The licensing board to which a report is made must transmit to the Attorney General's
Office any record or data it receives under this subdivision for the sole purpose of having
the Attorney General's Office assist that board in its investigation. When the Attorney
General's Office has informed an employee of the appropriate licensing board in writing
that grounds exist to suspend or revoke a teacher's license to teach, that licensing board
must consider suspending or revoking or decline to suspend or revoke the teacher's or
administrator's license within 45 days of receiving a stipulation executed by the teacher or
administrator under investigation or a recommendation from an administrative law judge
that disciplinary action be taken.
(c) The Professional Educator Licensing and Standards Board and Board of School
Administrators must report to the appropriate law enforcement authorities a revocation,
suspension, or agreement involving a loss of license, relating to a teacher or administrator's
inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement
authority" means a police department, county sheriff, or Tribal police department. A report
by the Professional Educator Licensing and Standards Board to appropriate law enforcement
authorities does not diminish, modify, or otherwise affect the responsibilities of a school
board or any person mandated to report abuse under chapter 260E.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 122A.441, is amended to read:
(a) A school district or charter school and applicant may jointly request the Professional
Educator Licensing and Standards Board approve an application for a short-callnew text begin emergencynew text end
substitute teaching license. The application information must sufficiently demonstrate the
following:
(1) the applicant:
(i) holds a minimum of an associate's degree or equivalent and has or will receive
substitute training from the school district or charter school; or
(ii) holds a minimum of a high school diploma or equivalent and has been employed as
an education support personnel or paraprofessional within the district or charter school for
at least one academic year; and
(2) the school district or charter school has obtained the results of a background check
completed in accordance with section 123B.03.
(b) The Professional Educator Licensing and Standards Board may issue a temporary
teaching license under this section pending a background check under section 122A.18,
subdivision 8, and may immediately suspend or revoke the license upon receiving background
check information. An applicant submitting an application for a short-call substitute teaching
license in accordance with section 122A.18, subdivision 7a, paragraph (a), must not be
required to complete a joint application with a district and must not be issued a license
pending a background check under section 122A.18, subdivision 8.
(c) The board may prioritize short-call new text begin emergency new text end substitute teaching license applications
to expedite the review process.
(d) A school district or charter school must provide anew text begin short-call emergencynew text end substitute
teacher who receives anew text begin short-call emergencynew text end substitute teaching license deleted text begin through the pilot
programdeleted text end with substitute teacher training. The board may remove a school district or charter
school from the deleted text begin pilotdeleted text end new text begin short-call emergency substitute teachingnew text end program for failure to provide
the required training.
(e) A school district or charter school must not require an employee to apply for anew text begin
short-call emergencynew text end substitute teaching license, or retaliate against an employee that does
not apply for anew text begin short-call emergencynew text end substitute teaching license under deleted text begin the pilot programdeleted text end new text begin this
sectionnew text end .
(f) A school district or charter school must compensate an employee working as a
short-call new text begin emergency new text end substitute teacher under deleted text begin the pilot programdeleted text end new text begin this sectionnew text end with the greater
of deleted text begin $200 per daydeleted text end new text begin the short-call substitute teacher rate of pay in the districtnew text end or the employee's
regular rate of pay.
deleted text begin
(g) This section expires on June 30, 2025.
deleted text end
new text begin
(g) A district may employ a short-call emergency substitute teacher for no more than
ten consecutive school days in a single assignment. A district solicitation for short-call
emergency substitute teacher applicants must disclose the duration of the short-call
emergency substitute teacher position.
new text end
new text begin
(h) For each teacher assignment, a district may use a short-call emergency substitute
teacher to fill the assignment for no more than ten consecutive school days at a time.
new text end
new text begin
(i) A district may employ a short-call emergency substitute teacher to fill an assignment
that a short-call emergency substitute teacher previously filled as long as at least 30 calendar
days have passed between the last day of the previous assignment and the first day of a
subsequent assignment.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 123B.09, is amended by adding a subdivision
to read:
new text begin
The school board is strongly encouraged to adopt
a process to include two student representatives to serve one-year terms to advise the school
board. The board process must include a process for replacing a student representative if
the original student cannot serve the entire one-year term. A student representative is bound
by the same rules and regulations within the law that bind the board. A student
representative's actions must follow the board's rules and processes around personal conduct.
new text end
Minnesota Statutes 2024, section 123B.52, is amended by adding a subdivision
to read:
new text begin
Notwithstanding section 471.345, governing
school district contracts made upon sealed bid or otherwise complying with the requirements
for competitive bidding, other provisions of this section governing school district contracts,
or other law to the contrary, a school district under this subdivision may dispose of school
books, including library books, books from an individual classroom library, and textbooks
including other materials accompanying a textbook. A school district may dispose of surplus
books by donating them to a family of a student residing in the district or a charitable
organization under section 501(c)(3) of the Internal Revenue Code.
new text end
Minnesota Statutes 2024, section 124D.162, is amended to read:
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.
(a) School districts and charter schools must choose a kindergarten
deleted text begin entrydeleted text end new text begin fallnew 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.
School districts and charter schools must annually report the results
of kindergarten deleted text begin entrydeleted text end new text begin fallnew 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 kindergarten deleted text begin readinessdeleted text end new text begin fall 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).
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.
Minnesota Statutes 2024, section 124D.792, is amended to read:
new text begin (a) new text end A school district or charter school must not prohibit an American Indian student from
wearing American Indian regalia, Tribal regalia, or objects of cultural significance at a
graduation ceremony.
new text begin
(b) If requested by the school's American Indian parent advisory committee or an
American Indian student organization, a school district or charter school must allow American
Indian drumming at a graduation ceremony.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
If requested by the school's American Indian parent advisory committee, a school district
or charter school must allow American Indian drumming.
new text end
Laws 2024, chapter 115, article 2, section 21, subdivision 2, is amended to read:
The commissioner must include the
following expectations for learning in the statewide standards:
(1) cardiopulmonary resuscitation and automatic external defibrillator education that
allows districts to provide instruction to students in grades 7 through 12 in accordance with
Minnesota Statutes, section 120B.236;
(2) vaping awareness and prevention education that allows districts to provide instruction
to students in grades 6 through 8 in accordance with Minnesota Statutes, section 120B.238,
subdivision 3;
(3) cannabis use and substance use education new text begin that includes overdose recognition,
prevention, and response education new text end that allows districts to provide instruction to students
in grades 6 through 12 in accordance with Minnesota Statutes, section 120B.215;
(4) sexually transmitted infections and diseases education that meets the requirements
of Minnesota Statutes, section 121A.23; and
(5) mental health education for students in grades 4 through 12.
new text begin
This section is effective the day following final enactment.
new text end
Laws 2024, chapter 115, article 2, section 21, subdivision 3, is amended to read:
The commissioner may include the
following expectations for learning in the statewide standards:
(1) child new text begin physical and new text end sexual abuse prevention education in accordance with Minnesota
Statutes, sections 120B.021, subdivision 1, paragraph (d); and 120B.234;
(2) violence prevention education in accordance with Minnesota Statutes, section
120B.22;
(3) character development education in accordance with Minnesota Statutes, section
120B.232;
(4) safe and supportive schools education in accordance with Minnesota Statutes, section
121A.031, subdivision 5; and
(5) other expectations for learning identified through the standards development process.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Minnesota Statutes 2024, section 123B.935, subdivision 2,
new text end
new text begin
is repealed.
new text end
Minnesota Statutes 2024, section 10A.071, subdivision 1, is amended to read:
(a) The definitions in this subdivision apply to this section.
(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or
forgiveness of indebtedness, or a promise of future employment, that is given and received
without the giver receiving consideration of equal or greater value in return.
(c) "Official" means a public official, an employee of the legislature, deleted text begin ordeleted text end a local officialnew text begin ,
a member of a charter school board, or a charter school director or chief administratornew text end .
(d) "Plaque" means a decorative item with an inscription recognizing an individual for
an accomplishment.
Minnesota Statutes 2024, section 124E.02, is amended to read:
(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.
Minnesota Statutes 2024, section 124E.03, subdivision 2, is amended to read:
(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
Minnesota Statutes 2024, section 124E.03, is amended by adding a subdivision to
read:
new text begin
Members of charter school boards
and persons employed as charter school directors and chief administrators are subject to the
requirements of sections 10A.071 and 471.895.
new text end
Minnesota Statutes 2024, section 124E.05, subdivision 2, is amended to read:
(a) The role of an
authorizer is to ensure that a school it authorizes has the autonomy granted by statute, fulfills
the purposes of a charter school, and is accountable to the agreed upon terms of the charter
school contract in order to safeguard quality educational opportunities for students and
maintain public trust and confidence.
(b) An authorizer has the following responsibilities:
(1) to review applications for new schools, determine whether a new school is ready to
open, review applications for grade and site expansions, review applications for change in
authorizers, and determine whether to approve or deny an application based on the
authorizer's approved criteria;
(2) to negotiate and execute the performance charter contracts with the schools it
authorizes;
(3) to conduct ongoing monitoring, oversight, and evaluation of the school's academic,
operational, and financial performance during the term of the charter contract;
(4) to evaluate the academic, operational, and financial performance of the school as
defined in the charter contract prior to the end of the contract to determine the renewal,
nonrenewal, or termination of the contract; and
(5) to comply with authorizer requirements in chapter 124E.
(c) An authorizer must document in the authorizer annual report under section 124E.16,
subdivision 2, paragraph (b), the annual successful completion of training of its staff members
during the previous year relative to chartering deleted text begin anddeleted text end new text begin ,new text end an authorizer's role and responsibilitiesnew text begin ,
and each authorizer's performance review findings listed under subdivision 5new text end .
(d) An authorizer must participate in new text begin annual new text end department-approved training.
Minnesota Statutes 2024, section 124E.06, subdivision 7, is amended to read:
(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 1new text begin , before the
effective date of the mergernew text end . 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.
Minnesota Statutes 2024, section 124E.06, is amended by adding a subdivision to
read:
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
Minnesota Statutes 2024, section 124E.07, subdivision 2, is amended to read:
The initial board must begin the transition to the
ongoing board structure by the end of the first year of operation and complete the transition
by the end of the second year of operation. The terms of board members shall begin on July
1. Terms shall be no less than two years. The bylaws shall set the number of terms an
individual may serve on the board and as an officer of the board. deleted text begin Board elections must be
held during the school year but may not be conducted on days when the school is closed.
deleted text end
Minnesota Statutes 2024, section 124E.07, subdivision 3, is amended to read:
(a) The ongoing charter school board of directors shall
have at least five members. The board members must not be related parties. The ongoing
board must include: (1) at least one licensed teacher; (2) at least one parent or legal guardian
of a student enrolled in the charter school who is not an employee of the charter school; and
(3) at least one interested community member. A community member serving on the board
must reside in Minnesota, must not have a child enrolled in the school, and must not be an
employee of the charter school.
(b) To serve as a licensed teacher on a charter school board, an individual must:
(1) be employed by the school or provide at least 720 hours of service under a contract
between the charter school and a teacher cooperative;
(2) be a qualified teacher as defined under section 122A.16, either serving as a teacher
of record in a field in which the individual has a field license, or providing services to
students the individual is licensed to provide; and
(3) not serve in an administrative or supervisory capacity for more than 240 hours in a
school calendar year.
(c) The board structure must be defined in the bylaws. The board structure may (1) be
a majority of teachers under paragraph (b), (2) be a majority of parents, (3) be a majority
of community members, or (4) have no clear majority.
(d) The chief administrator may only serve as an ex-officio nonvoting board member.
No charter school employees shall serve on the board other than teachers under paragraph
(b).
(e) A contractor providing facilities, goods, or services to a charter school must not serve
on the board of directors. In addition, an individual is prohibited from serving as a member
of the charter school board of directors if: (1) the individual, an immediate family member,
or the individual's partner is a full or part owner or principal with a for-profit or nonprofit
entity or independent contractor with whom the charter school contracts, directly or indirectly,
for professional services, goods, or facilities; or (2) an immediate family member is an
employee of the school. An individual may serve as a member of the board of directors if
no conflict of interest exists under this paragraph, consistent with this section.
(f) A violation of paragraph (e) renders a contract voidable at the option of the
commissioner or the charter school board of directors. A member of a charter school board
of directors who violates paragraph (e) is individually liable to the charter school for any
damage caused by the violation.
(g) Any employee, agent, contractor, or board member of the authorizer who participates
in initially reviewing, approving, overseeing, evaluating, renewing, or not renewing the
charter school is ineligible to serve on the board of directors of a school chartered by that
authorizer.
(h) An individual is prohibited from serving on more than one charter school board at
the same time in either an elected or ex-officio capacity, except that an individual serving
as an administrator serving more than one school under section 124E.12, subdivision 2,
paragraph (f), may serve on each board as an ex-officio member.new text begin A board member who
violates this paragraph is ineligible to continue to serve as a charter school board member
and is ineligible to be elected or appointed to a charter school board for 24 months.
new text end
new text begin
(i) A board member, who is paid for serving on the charter school board, must not receive
more compensation for their role as a charter school board member than a school board
member in the school district in which the charter school is located.
new text end
Minnesota Statutes 2024, section 124E.07, subdivision 5, is amended to read:
(a) Staff members employed at the school, including teachers
providing instruction under a contract with a cooperative, members of the board of directors,
and all parents or legal guardians of children enrolled in the school are the voters eligible
to elect the members of the school's board of directors.
(b) The board of directors must establish and publish election policies and procedures
on the school's website.
(c) The board of directors must notify eligible voters of the school board election dates
and voting procedures at least 30 calendar days before the election and post this information
on the school's website.
(d) The board of directors must notify eligible voters of the candidates' names,
biographies, and candidate statements at least ten calendar days before the election and post
this information on the school's website.
new text begin
(e) Board elections must be held during the school year but may not be conducted on
days when school is closed.
new text end
new text begin
(f) An initial member and an elected board member must file a written oath of office
with the charter school's authorizer.
new text end
Minnesota Statutes 2024, section 124E.07, subdivision 6, is amended to read:
(a) The board of directors also shall decide and is responsible for all
decision making on policy matters related to operating the school, including budgeting,
curriculum programming, personnel, and operating procedures. The board must adopt
personnel evaluation policies and practices that, at a minimum:
(1) carry out the school's mission and goals;
(2) evaluate how charter contract goals and commitments are executed;
(3) evaluate student achievement, postsecondary and workforce readiness, and student
engagement and connection goals;
(4) establish a teacher evaluation process under section 124E.03, subdivision 2, paragraph
(h); and
(5) provide professional development related to the individual's job responsibilities.
(b) The board must adopt a nepotism policy that prohibits the employment of immediate
family members of a board member, a school employee, or a teacher who provides instruction
under a contract between the charter school and a cooperative. The board may waive this
policy if: (1) the position is publicly posted for 20 business days; and (2) a two-thirds
majority of the remaining board of directors who are not immediate family members of an
applicant vote to approve the hiring. A board member, school employee, or teacher under
contract with a cooperative must not be involved in an interview, selection process, hiring,
supervision, or evaluation of an employee who is an immediate family member.
new text begin
(c) The board of directors must establish a finance committee that meets regularly and
includes at least one member of the school's board. The committee must review and provide
recommendations to the board on matters related to financial health and best practices,
which may include but are not limited to financial strategy, enrollment tracking, budgeting
and planning, internal controls and compliance, revenue generation, financial conflicts of
interest, audits and financial reporting, regular finance statements and transactions, and
authorizer finance related requirements in the charter contract.
new text end
new text begin
(d) A charter school board that is under corrective action for financial reasons, as
determined by its authorizer, must:
new text end
new text begin
(1) include the authorizer in regularly scheduled finance committee meetings, either in
person or virtually, at least monthly; and
new text end
new text begin
(2) upon the request of the authorizer, hire a financial expert.
new text end
Minnesota Statutes 2024, section 124E.07, subdivision 8, is amended to read:
(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, 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; (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.
Minnesota Statutes 2024, section 124E.10, subdivision 4, is amended to read:
(a) The
duration of the contract with an authorizer must be for the term contained in the contract
according to subdivision 1, paragraph (a). The authorizer may or may not renew a contract
at the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
terminate a contract during the term of the contract for any ground listed in paragraph (b).
At least 60 business days before not renewing or terminating a contract, the authorizer shall
notify the board of directors of the charter school of the proposed action in writing. The
notice shall state the grounds for the proposed action in reasonable detail and describe the
informal hearing process, consistent with this paragraph. The charter school's board of
directors may request in writing an informal hearing before the authorizer within 15 business
days after receiving notice of nonrenewal or termination of the contract. Failure by the board
of directors to make a written request for an informal hearing within the 15-business-day
period shall be treated as acquiescence to the proposed action. Upon receiving a timely
written request for a hearing, the authorizer shall give ten business days' notice to the charter
school's board of directors of the hearing date. The hearing must be new text begin live-streamed and
new text end recorded by audio recording, video recording, or a court reporter. The authorizer must
preserve the recording for three years and make the recording available to the public. The
authorizer shall conduct an informal hearing before taking final action. The authorizer shall
take final action to renew or not renew a contract no later than 20 business days before the
proposed date for terminating the contract or the end date of the contract.
(b) An authorizer may terminate or not renew a contract upon any of the following
grounds:
(1) failure to demonstrate satisfactory academic achievement for all students, including
the requirements for pupil performance contained in the contract;
(2) failure to meet generally accepted standards of fiscal management;
(3) violations of law; or
(4) other good cause shown.
If the authorizer terminates or does not renew a contract under this paragraph, the school
must be dissolved according to the applicable provisions of chapter 317A.
(c) The commissioner, after providing reasonable notice to the board of directors of a
charter school and the existing authorizer, and after providing an opportunity for a public
hearing, may terminate the existing contract between the authorizer and the charter school
board if the charter school has a history of:
(1) failure to meet pupil performance requirements, consistent with state law;
(2) financial mismanagement or failure to meet generally accepted standards of fiscal
management; or
(3) repeated or major violations of the law.
Minnesota Statutes 2024, section 124E.13, subdivision 3, is amended to read:
(a) An affiliated nonprofit building
corporation may purchase, expand, or renovate an existing facility to serve as a school or
may construct a new school facility. One charter school may organize an affiliated nonprofit
building corporation that serves only that charter school if the charter school:
(1) has operated for at least six consecutive years;
(2) as of June 30, has a net positive unreserved general fund balance in the preceding
three fiscal years;
(3) has long-range strategic and financial plans that include enrollment projections for
at least five years;
(4) completes a feasibility study of facility options that outlines the benefits and costs
of each option; and
(5) has a plan that describes project parameters and budget.
(b) An affiliated nonprofit building corporation under this subdivision must:
(1) be incorporated under chapter 317A;
(2) comply with applicable Internal Revenue Service regulations, including regulations
for "supporting organizations" as defined by the Internal Revenue Service;
(3) post on the school website the name, mailing address, bylaws, minutes of board
meetings, and names of the current board of directors of the affiliated nonprofit building
corporation;
(4) submit to the commissioner a copy of its annual audit by December 31 of each year;
and
(5) comply with government data practices law under chapter 13.
(c) An affiliated nonprofit building corporation must not serve as the leasing agent for
property or facilities it does not own. A charter school that leases a facility from an affiliated
nonprofit building corporation that does not own the leased facility is ineligible to receive
charter school lease aid. The state is immune from liability resulting from a contract between
a charter school and an affiliated nonprofit building corporation.
(d) The board of directors of the charter school must ensure the affiliated nonprofit
building corporation complies with all applicable legal requirements. The charter school's
authorizer must oversee the efforts of the board of directors of the charter school to ensure
legal compliance of the affiliated building corporation. A school's board of directors that
fails to ensure the affiliated nonprofit building corporation's compliance violates its
responsibilities and an authorizer must consider that failure when evaluating the charter
school.
new text begin
(e) A contractor providing facilities, goods, or services to a charter school must not serve
on the board of directors of the charter school's affiliated building corporation. In addition,
an individual is prohibited from serving as a member of the board of directors of a charter
school's affiliated building corporation if the individual, an immediate family member, or
the individual's partner is a full or part owner or principal with a for-profit or nonprofit
entity or independent contractor with whom the charter school contracts, directly or indirectly,
for professional services, goods, or facilities. A charter school employee or immediate
family member of that employee may serve on the board of directors of the charter school's
affiliated building corporation if the employee has no conflict of interest, as defined in
section 471.87.
new text end
Minnesota Statutes 2024, section 124E.16, subdivision 1, is amended to read:
(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.
Minnesota Statutes 2024, section 124E.16, subdivision 3, is amended to read:
(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.
Minnesota Statutes 2024, section 124E.16, is amended by adding a subdivision
to read:
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 they understand, consistent with the school's
language access plan under section 124E.03, subdivision 9, paragraph (b).
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 and for at least 365 days from the
date of publication.
new text end
Minnesota Statutes 2024, section 124E.17, is amended to read:
(a) Charter schools must disseminate
information about the school's offerings and enrollment procedures to families that reflect
the diversity of Minnesota's population and targeted groups. Targeted groups include
low-income families and communities, students of color, students at risk of academic failure,
and students underrepresented in the school's student body relative to Minnesota's population.
The school must document its dissemination activities in the school's annual report. The
school's dissemination activities must be a component of the authorizer's performance review
of the school.
(b) Authorizers and the commissioner must disseminate information to the public on
how to form and operate a charter school. Authorizers, operators, and the commissioner
also may disseminate information to interested stakeholders about the successful best
practices in teaching and learning demonstrated by charter schools.
new text begin
(c) For each charter school it authorizes, an authorizer must publish on its website for
at least five years from the date of issuance all charter contracts and amendments executed
under section 124E.10; school performance reviews including the performance evaluations
required by section 124E.10, subdivision 1, paragraph (a), clause (6), if different; notices
of intent to terminate or not renew the charter contract and related final determinations; and
unresolved notices of intervention, deficiency, concern, corrective action, or probationary
status.
new text end
new text begin
(d) Each charter school must post a link in a conspicuous place on the school's official
website to the section of its authorizer's website where information listed in paragraph (c)
specific to that school is published. A charter school must also, upon the request of the
authorizer, distribute information from their authorizer about interventions, corrective
actions, and probationary status by publication, mail, or electronic means to its authorizer,
school employees, and parents and legal guardians of students enrolled in the charter school.
new text end
(a) Upon request of an individual, the charter school
must make available in a timely fashion financial statements showing all operations and
transactions affecting the school's income, surplus, and deficit during the last annual
accounting period; and a balance sheet summarizing assets and liabilities on the closing
date of the accounting period.
(b) deleted text begin Upon request of an individual, an authorizer must make available in a timely fashion
financial statements showing all operations and transactions affecting the authorizer's income,
surplus, and deficit during the last annual accounting period, and a balance sheet summarizing
assets and liabilities on the closing date of the accounting perioddeleted text end new text begin An authorizer must publish
on its website an annual financial statement identifying its sources of income related to
authorizing activities and its authorizing expenses including staff, consultants, facility,
professional development, transportation, membership dues, technology, office supplies,
bank fees, administrative overhead, and professional fees for accounting, legal, and financial
services, consistent with section 124E.05, subdivision 8, and a balance sheet related to
authorizing activities summarizing assets and liabilitiesnew text end .
Minnesota Statutes 2024, section 124E.26, subdivision 4, is amended to read:
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
Minnesota Statutes 2024, section 124E.26, is amended by adding a subdivision
to read:
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
Minnesota Statutes 2024, section 124E.26, subdivision 5, is amended to read:
If a charter school makes a purchase without a procurement
policy adopted by the school's board or makes a purchase not in conformity with the school's
procurement policynew text begin , or the adopted policy does not meet the requirements of this sectionnew text end ,
the commissioner may reduce that charter school's state aid in an amount equal to the
purchase.
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 |
Minnesota Statutes 2024, section 120B.119, subdivision 2a, is amended to read:
"Certified trained facilitator" means a person
employed by a district or deleted text begin regional literacy networkdeleted text end new text begin Minnesota 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. deleted text begin A literacy lead who meets the requirements
under this deleted text end deleted text begin subdivision may be a certified trained facilitator.
deleted text end
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 120B.119, subdivision 10, is amended to read:
"Oral languagedeleted text begin ,deleted text end " deleted text begin also called "spoken language,"deleted 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
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 120B.12, subdivision 1, is amended to read:
(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 responsivenew text end instruction and interventions.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 120B.12, subdivision 2, is amended to read:
(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 deleted text begin anddeleted text end new text begin ,new text end students receiving special education services,new text begin and students enrolled in dual
language immersion programs,new text end 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.new text begin Students enrolled in dual language immersion programs must be
screened in the partner language of the program at the same intervals as the screenings in
English. A student enrolled in a dual language immersion program must be screened initially
in English when entering kindergarten, in the primary language of instruction at each
screening window, and in English starting in third grade or when the program is taught
equally in English and the partner language, whichever occurs first. The screening tool must
be approved by the district for kindergarten through grade 3 students enrolled in dual
language immersion programs.new text end 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-receptivenew text end
languagenew text begin mastery. After a student's initial screening for characteristics of dyslexia, a school
district has discretion to determine when to screen English learners scoring below three on
the annual ACCESS assessment for characteristics of dyslexia. 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 2, 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 deleted text begin do not demonstrate mastery of foundational
reading skills, including phonemic awareness, phonics, decoding, fluency, and oral language,deleted text end
new text begin are not reading at grade levelnew text end must be screened new text begin for reading difficulties, including
characteristics of dyslexia,new text end using a screening tool approved by the Department of Education
deleted text begin for characteristics of dyslexiadeleted text end , and must continue to receive evidence-based instruction,
interventions, and progress monitoring until the students achieve grade-level proficiency.
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 for new text begin characteristics ofnew text end new 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
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 120B.12, subdivision 2a, is amended to read:
new text begin (a) new text end 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 new text begin from the screenernew text end
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.
new text begin
(b) For students enrolled in dual language immersion programs, the district-approved
screener must measure the student's reading proficiency in the program's partner language.
The dual language immersion program may provide information about national research
on reading proficiency for students in dual language immersion programs in the parent
notification.
new text end
new text begin (c) new text end A district may not use this section to deny a student's right to a special education
evaluation.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 120B.12, subdivision 3, is amended to read:
(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. 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 .
(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.
(c) 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.
(d) 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 at no cost 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
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 120B.12, subdivision 4, is amended to read:
(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
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 120B.12, subdivision 4a, is amended to read:
(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 education new text begin annually new 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 template new text begin developed by the commissioner of education new 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)new text begin the statewide total number of teachers or other staff required to complete the training
under section 120B.123, subdivision 5 that have received other training or education that
meets the requirements of the training approved by the Department of Education;
new text end
new text begin (5)new text end by school site and grade, the approved screeners and the reading curriculum used;
and
deleted text begin (5)deleted text end new text begin (6)new text end 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
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 120B.123, subdivision 1, is amended to read:
(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
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 120B.123, subdivision 5, is amended to read:
(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 new text begin foundational new text end readingnew text begin skillsnew text end 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.
new text begin
(e) Beginning July 1, 2027, an educator required to receive training under paragraph
(a), who is new to the state of Minnesota or is a newly licensed teacher who did not receive
instruction in the teaching of foundational reading skills based on structured literacy, must
complete one of the approved required trainings. Training must be offered through the
regional literacy network and facilitated by a local certified trained facilitator. The
Department of Education must review district literacy lead waiver requests and grant waivers
to educators new to the state or educators who provide reading instruction exclusively using
alternatives to sound-based approaches, and who have completed the professional
development requirements consistent with this subdivision.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end For the 2024-2025 new text begin and 2025-2026 new text end school deleted text begin yeardeleted text end new text begin yearsnew text end only, the hours of instruction
requirement under section 120A.41 for students in deleted text begin andeleted text end elementarynew text begin and secondarynew text end school, as
defined in section 120A.05, deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 9new text begin and 13new text end , 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 deleted text begin andeleted text end elementarynew text begin
and secondarynew text end school, as defined in section 120A.05, deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 9new text begin and 13new text end ,
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 The hours of instruction reduction for secondary school students
is applicable only for the 2025-2026 school year.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 120B.123, is amended by adding a subdivision
to read:
new text begin
(a) Starting July 1, 2027, a Tier 1 early childhood
education teacher, elementary education teacher, special education teacher who is responsible
for teaching reading, kindergarten through grade 12 English as a second language teacher,
grade 4 through 12 classroom teacher responsible for foundational reading skills instruction,
teacher who provides instruction to students in a state-approved alternative program, or a
teacher who is responsible for selecting literacy curriculum materials for grades 6 through
12, and is licensed under section 122A.181 for their first licensure renewal must demonstrate
that they are registered for, are currently taking, or have completed evidence-based structured
literacy training consistent with training approved by the Department of Education. A Tier
1 teacher may demonstrate evidence of progress in meeting the subject matter reading
standards for reading in administrative rule through evidence-based structured literacy
coursework or through employer verification. The training required must be in progress
before a second renewal of the Tier 1 license. A hiring district, cooperative, or charter school
is responsible for any fees and enrollment costs associated with completing these professional
development requirements. An individual educator must not be financially responsible for
the initial enrollment costs associated with the training needed to meet these requirements.
new text end
new text begin
(b) Starting, July 1, 2027, a Tier 2 early childhood education teacher, elementary
education teacher, special education teacher who is responsible for teaching reading,
kindergarten through grade 12 English as a second language teacher, grade 4 through 12
classroom teacher responsible for foundational reading skills instruction, teacher who
provides instruction to students in a state-approved alternative program, or a teacher who
is responsible for selecting literacy curriculum materials for grades 6 through 12, and is
licensed under section 122A.182, for their first licensure renewal must demonstrate that
they are registered for, currently taking, or have completed evidence-based structured literacy
training consistent with training approved by the Department of Education. A Tier 2 teacher
may demonstrate evidence of progress in meeting the subject matter reading standards for
reading in administrative rule through evidence-based structured literacy coursework or
through employer verification. The training required must be in progress before the first
renewal of the Tier 2 license is granted. A hiring district, cooperative, or charter school is
responsible for any fees and enrollment costs associated with completing these professional
development requirements. An individual educator must not be financially responsible for
the initial enrollment costs associated with the training needed to meet these requirements.
new text end
new text begin
(c) Starting July 1, 2027, a Tier 2 early childhood education teacher, elementary education
teacher, special education teacher who is responsible for teaching reading, kindergarten
through grade 12 English as a second language teacher, grade 4 through 12 classroom teacher
responsible for foundational reading skills instruction, teacher who provides instruction to
students in a state-approved alternative program, or a teacher who is responsible for selecting
literacy curriculum materials for grades 6 through 12, who demonstrates field-specific
teaching experience to complete the coursework requirements under section 122A.183,
subdivision 2, clause (5), must demonstrate they have completed evidence-based structured
literacy training required under subdivision 5 before the Professional Educator Licensing
and Standards Board issues the Tier 3 license. The board must not deny a Tier 3 license to
an educator who has made progress toward completion, but has not completed, the required
training. A hiring district, cooperative, or charter school is responsible for any fees and
enrollment costs associated with completing these professional development requirements.
An individual educator must not be financially responsible for the initial enrollment costs
associated with the training needed to meet these requirements.
new text end
new text begin
(d) Starting July 1, 2027, a teacher with a kindergarten through grade 12 reading
endorsement or kindergarten through grade 12 English as a second language license from
the Professional Educator Licensing and Standards Board must demonstrate to the school's
relicensure committee they have completed evidence-based structured literacy training
equivalent to the training required in subdivision 5. A hiring district, cooperative, or charter
school is responsible for any fees and enrollment costs associated with completing these
professional development requirements. An individual educator must not be financially
responsible for the initial enrollment costs associated with the training needed to meet these
requirements.
new text end
new text begin
(e) An educator that fails to complete the required professional development within a
vendor's subscription window due to medical, personal, or family leave or for reasons tied
to a learning disability, must not be held financially responsible for the costs of extending
the training. An educator that fails to complete the required professional development within
a vendor's subscription window for reasons of insubordination or willful refusal to comply
with state and district directives regarding the professional development are subject to the
disciplinary procedures outlined in their collective bargaining agreement or set by their
hiring charter school or cooperative.
new text end
Minnesota Statutes 2024, section 120B.123, subdivision 7, is amended to read:
(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
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 120B.124, subdivision 2, is amended to read:
(a) new text begin Every five years, starting July
1, 2030, new text end the department deleted text begin and CAREIdeleted text end must provide districts an opportunity to request that
the department deleted text begin and CAREIdeleted text end add to the list of new text begin reviewed new 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 deleted text begin requestdeleted text end new text begin procedurenew text end for deleted text begin reconsideration proceduredeleted text end new text begin reviewnew text end on the
department websitenew text begin by July 1, 2029new text end . A request for deleted text begin reconsiderationdeleted text end new text begin reviewnew text end 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 daysdeleted 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
department. Alternative curriculum and intervention programs for those who cannot access
sound-based approaches must be reviewed on the same review cycle as traditional programsnew text end .
(b) deleted text begin 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 The reviewed resources must be categorized as highly aligned, partially aligned,
minimally aligned, or not aligned to evidence-based structured literacy practices. Nonranked
curricular resources do not fully meet the criteria to be classified as a Tier 1 core highly
aligned program. The reviewed resources categories are defined as follows:
new text end
new text begin
(1) "highly aligned" means 100 percent of domains were at or above the cut point with
no significant red flags identified for the program;
new text end
new text begin
(2) "partially aligned" means 60 to 99 percent of domains were at or above the cut point;
new text end
new text begin
(3) "minimally aligned" means 34 to 59 percent of domains were at or above the cut
point; and
new text end
new text begin
(4) "not aligned" means 33 percent or less of domains were at or above the cut point.
new text end
new text begin
It is a district's responsibility, when planning for curriculum implementation, to verify that
instruction and materials align with evidence-based structured literacy practices and to
resolve issues identified in the report and rubric provided by the Department of Education.
new text end
new text begin
(c) A district must ensure that any red flags for a program are resolved through district
enhancements to the selected program.
new text end
new text begin
(d) A program going through a full review cycle will be added to the reviewed curricula
and intervention program list after the review process is completed.
new text end
new text begin
(e) Only materials that are categorized as highly aligned qualify for use of literacy aid
under section 124D.98, or state funding provided under the Read Act.
new text end
Minnesota Statutes 2024, section 122A.181, subdivision 3, is amended to read:
(a) The Professional Educator Licensing and
Standards Board must issue an initial Tier 1 license for a term of one year. A Tier 1 license
may be renewed subject to paragraphs (b) deleted text begin and (c)deleted text end new text begin to (d)new text end .
(b) The Professional Educator Licensing and Standards Board must renew a Tier 1
license if:
(1) the district or charter school requesting the renewal demonstrates that it has posted
the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license
for the position;
(2) the teacher holding the Tier 1 license took a content examination in accordance with
section 122A.185 and submitted the examination results to the teacher's employing district
or charter school within one year of the board approving the request for the initial Tier 1
license;
(3) the teacher holding the Tier 1 license participated in cultural competency training
consistent with section 120B.30, subdivision 8, within one year of the board approving the
request for the initial Tier 1 license; and
(4) the teacher holding the Tier 1 license met the mental illness training renewal
requirement under section 122A.187, subdivision 6.
The requirement in clause (2) does not apply to a teacher that teaches a class in a career and
technical education or career pathways course of study.
(c) A Tier 1 license must not be renewed more than three times, unless the requesting
district or charter school can show good cause for additional renewals. A Tier 1 license
issued to teach (1) a class or course in a career and technical education or career pathway
course of study, or (2) in a shortage area, as defined in section 122A.06, subdivision 6, may
be renewed without limitation.
new text begin
(d) Starting July 1, 2027, a Tier 1 licensed early childhood education teacher, elementary
education teacher, special education teacher who is responsible for teaching reading,
kindergarten through grade 12 English as a second language teacher, grade 4 through 12
classroom teacher responsible for foundational reading skills instruction, teacher who
provides instruction to students in a state-approved alternative program, or a teacher who
is responsible for selecting literacy curriculum materials for grades 6 through 12, must
demonstrate progress toward meeting the evidence-based literacy training requirements of
section 120B.123, subdivision 5a, for their second licensure renewal.
new text end
Minnesota Statutes 2024, section 122A.182, subdivision 3, is amended to read:
new text begin (a) new text end The Professional Educator Licensing and
Standards Board must issue an initial Tier 2 license for a term of two years. A Tier 2 license
may be renewed three times.
new text begin (b) new text end Before a Tier 2 license is renewed for the first time, a teacher holding a Tier 2 license
must participate in cultural competency training consistent with section 120B.30, subdivision
8, and mental illness training under section 122A.187, subdivision 6.
new text begin
(c) Starting July 1, 2027, a Tier 2 licensed early childhood education teacher, elementary
education teacher, special education teacher who is responsible for teaching reading,
kindergarten through grade 12 English as a second language teacher, grade 4 through 12
classroom teacher responsible for foundational reading skills instruction, teacher who
provides instruction to students in a state-approved alternative program, or a teacher who
is responsible for selecting literacy curriculum materials for grades 6 through 12, must
demonstrate that they have made progress toward completing the evidence-based literacy
training requirements of section 120B.123, subdivision 5a, for the first renewal of their
initial license.
new text end
new text begin (d) new text end The board must issue rules setting forth the conditions for additional renewals after
the initial license has been renewed three times.
Minnesota Statutes 2024, section 122A.183, subdivision 2, is amended to read:
new text begin (a) new text end An applicant for a Tier 3 license must meet the coursework
requirement by demonstrating one of the following:
(1) completion of a Minnesota-approved teacher preparation program;
(2) completion of a state-approved teacher preparation program that includes field-specific
student teaching equivalent to field-specific student teaching in Minnesota-approved teacher
preparation programs. The field-specific student teaching requirement does not apply to an
applicant that has two years of field-specific teaching experience;
(3) a recommendation for licensure through the licensure via portfolio process;
(4) a professional teaching license from another state, evidence that the applicant's license
is in good standing, and two years of field-specific teaching experience; or
(5) three years of teaching experience under a Tier 2 license and evidence of summative
teacher evaluations that did not result in placing or otherwise keeping the teacher on an
improvement process pursuant to section 122A.40, subdivision 8, or 122A.41, subdivision
5.
new text begin
(b) Starting July 1, 2027, a Tier 2 early childhood education teacher, elementary education
teacher, special education teacher who is responsible for teaching reading, kindergarten
through grade 12 English as a second language teacher, grade 4 through 12 classroom teacher
responsible for foundational reading skills instruction, teacher who provides instruction to
students in a state-approved alternative program, or a teacher who is responsible for selecting
literacy curriculum materials for grades 6 through 12, who demonstrates field-specific
teaching experience to complete the coursework requirements under this subdivision must
demonstrate they have completed evidence-based structured literacy training according to
section 120B.123, subdivision 5a, before the Professional Educator Licensing and Standards
Board may issue an initial Tier 3 license.
new text end
Minnesota Statutes 2024, section 124D.42, subdivision 8, is amended to read:
(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
This section is effective July 1, 2025.
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
Minnesota Statutes 2024, section 123B.32, subdivision 1, is amended to read:
Starting in the 2025-2026 school year,
during a regularly scheduled public board hearing, a school board must adopt a language
access plan that specifies the district's process and procedures to render effective language
assistance to students and adults who communicate in a language other than Englishnew text begin or
require additional assistance due to a disabilitynew text end . The language access plan must be available
to the public and included in the school's handbook.
Minnesota Statutes 2024, section 123B.32, subdivision 2, is amended to read:
The language access plan must include how the district
and its schools will use trained or certified spoken language interpreters for communication
related to academic outcomes, progress, determinations, and placement of students in
specialized programs and servicesnew text begin , such as special education and related individualized
education programs under section 125A.08new text end ; deleted text begin anddeleted text end new text begin ensure meaningful participation in the
individualized education program process by families where the family speaks a language
other than English or has a disability themselves;new text end how families and communities will be
notified of their rights under this plannew text begin ; and a process to appeal the accommodations of the
access plan if needs are not metnew text end .
Minnesota Statutes 2024, section 125A.091, subdivision 3a, is amended to read:
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.
Minnesota Statutes 2024, section 125A.091, subdivision 5, is amended to read:
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.
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
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
(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
(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
Minnesota Statutes 2024, section 125A.0942, subdivision 4, is amended to read:
new text begin (a) new text end The following actions or procedures are prohibited:
(1) engaging in conduct prohibited under section 121A.58;
(2) requiring a child to assume and maintain a specified physical position, activity, or
posture that induces physical pain;
(3) totally or partially restricting a child's senses as punishment;
(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
substance, or spray as punishment;
(5) denying or restricting a child's access to equipment and devices such as walkers,
wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
except when temporarily removing the equipment or device is needed to prevent injury to
the child or others or serious damage to the equipment or device, in which case the equipment
or device shall be returned to the child as soon as possible;
(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or physical
abuse under chapter 260E;
(7) withholding regularly scheduled meals or water;
(8) denying access to bathroom facilities;
(9) physical holding that restricts or impairs a child's ability to breathe, restricts or impairs
a child's ability to communicate distress, places pressure or weight on a child's head, throat,
neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child's
torso;
(10) prone restraint; and
(11) the use of seclusion on children from birth through grade deleted text begin 3 by September 1, 2024deleted text end new text begin
6, unless the use of seclusion is explicitly agreed to by the student's parents and the rest of
the individualized education program team under section 125A.08. Nothing in this section
requires a school to create a seclusion room if one does not existnew text end .
new text begin
(b) At the end of each school year, a school district must report disaggregated data to
the Department of Education on the students who have the use of seclusion in their
individualized education program. By January 10 of each year, the commissioner must
report the number of students statewide with the use of seclusion in their individualized
education program based on the school district reports.
new text end
Minnesota Statutes 2024, section 125A.0942, subdivision 6, is amended to read:
(a) School districts are encouraged to
establish effective schoolwide systems of positive behavior interventions and supports.
(b) Nothing in this section or section 125A.0941 precludes the use of reasonable force
under sections 121A.582; 609.06, subdivision 1; and 609.379. Any reasonable force used
under sections 121A.582; 609.06, subdivision 1; and 609.379 which intends to hold a child
immobile or limit a child's movement where body contact is the only source of physical
restraint or confines a child alone in a room from which egress is barred shall be reported
to the Department of Education as a restrictive procedure, including physical holding or
seclusion used by an unauthorized or untrained staff person.
deleted text begin
(c) By February 1, 2024, the commissioner, in cooperation with stakeholders, must make
recommendations to the legislature for urgently ending seclusion in Minnesota schools. The
commissioner must consult with interested stakeholders, including parents of students who
have been secluded or restrained; advocacy organizations; legal services providers; special
education directors; teachers; paraprofessionals; intermediate school districts and cooperative
units as defined under section 123A.24, subdivision 2; school boards; day treatment
providers; county social services; state human services department staff; mental health
professionals; autism experts; and representatives of groups disproportionately affected by
restrictive procedures, including People of Color and people with disabilities. The
recommendations must include specific dates for ending seclusion by grade or facility. The
recommendations must identify existing resources and the new resources necessary for staff
capacity, staff training, children's supports, child mental health services, and schoolwide
collaborative efforts.
deleted text end
new text begin
The Department of Education must establish a working
group on the age limit for children receiving special education services for developmental
delay.
new text end
new text begin
(a) The commissioner of education must consult with the
organizations identified in paragraph (b) before naming appointed members to the working
group.
new text end
new text begin
(b) By July 1, 2025, the commissioner must appoint the following members to the
working group:
new text end
new text begin
(1) the commissioner or the commissioner's designee;
new text end
new text begin
(2) two representatives from Minnesota Administrators for Special Education, consisting
of one member from the seven-county metropolitan area and one member from outside the
metropolitan area;
new text end
new text begin
(3) one representative from the Professional Educator Licensing and Standards Board;
new text end
new text begin
(4) two representatives from the Minnesota Association of Colleges for Teacher
Education;
new text end
new text begin
(5) two representatives from Education Minnesota, consisting of one member from the
seven-county metropolitan area and one member from outside the metropolitan area;
new text end
new text begin
(6) two representatives from the PACER Center;
new text end
new text begin
(7) two representatives from the Minnesota School Psychologists Association, consisting
of one member working in a school setting and one member working in a postsecondary
school psychologist preparation program; and
new text end
new text begin
(8) two representatives from the Minnesota School Social Workers Association, consisting
of one member working in a school setting and one member working in a postsecondary
school social worker preparation program.
new text end
new text begin
The working group must meet on a regular basis and review current
law limiting the eligibility of children seven years old or older from receiving intervention
services for developmental delay, and assess the impact of extending eligibility to children
under age nine. The working group must report its findings and recommendations to the
legislative committees with jurisdiction over kindergarten through grade 12 education by
February 1, 2026.
new text end
new text begin
(a) The commissioner or commissioner's designee
must convene the initial meeting of the working group. Upon request, the commissioner
must provide meeting space and administrative support for the group.
new text end
new text begin
(b) Members of the working group serve without compensation or payment of expenses.
new text end
new text begin
(c) The working group expires February 1, 2026, or upon submission of the report to
the legislature required under subdivision 3, whichever is earlier.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 124D.111, is amended by adding a subdivision
to read:
new text begin
(a) A school district site or
charter school site that qualifies for the free school meals program but does not participate
in the free school meals program under subdivision 1c must annually provide notice to
parents and students enrolled at the site.
new text end
new text begin
(b) The notice must be in writing and must at least:
new text end
new text begin
(1) indicate that the school site does not participate in the free school meals program;
new text end
new text begin
(2) estimate the amount that the average student at the school site will pay in total meal
sales fees for the current school year for food that would otherwise be included in a federally
reimbursable meal; and
new text end
new text begin
(3) indicate that the student would be eligible to receive breakfast and lunch at no cost
if the site participated in the free school meals program.
new text end
new text begin
(c) The site must provide the required notice no later than 15 days after the beginning
of each school year.
new text end
new text begin
(d) The site must provide the required notice in the same languages as the application
for educational benefits provided to students at that site.
new text end
new text begin
This section is effective for the 2025-2026 school year and later.
new text end
Minnesota Statutes 2024, section 124D.117, subdivision 2, is amended to read:
Subdivision 1 does not apply to a school in which fewer than 25
pupils are expected to take part in the programnew text begin or a school that participates 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.
Minnesota Statutes 2024, section 124D.119, subdivision 5, is amended to read:
Consistent with Code of Federal
Regulations, title 7, deleted text begin sectiondeleted text end deleted text begin 225.6(d)(1)(ii)deleted text end new text begin part 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.
Minnesota Statutes 2024, section 13.32, subdivision 5, is amended to read:
(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.
Minnesota Statutes 2024, section 120B.021, subdivision 3, is amended to read:
(a) The commissioner, consistent with the requirements of this
section and section 120B.022, must adopt statewide rules under deleted text begin section deleted text end deleted text begin 14.389deleted text end new text begin chapter 14new 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.
new text begin
The Minnesota State High School League must enter
a contract for a catastrophic injury insurance policy that provides coverage for students
involved in high school league-sponsored extracurricular activities. The insurance policy
must provide at least $5,000,000 in lifetime coverage per catastrophic injury.
new text end
new text begin
The Minnesota State High School League
may make catastrophic injury payments from the Minnesota State High School League
Foundation to two former high school athletes who suffered catastrophic injuries during
high school league-sponsored events as a final payment for payment of expenses not covered
by the league's catastrophic accident insurance policy of the former high school athletes'
private insurance. The Minnesota State High School League may make payments to a student
athlete who sustained a catastrophic injury in a hockey game in 2011 and to a student who
sustained a catastrophic injury in a football game in 2022.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Repealed Minnesota Statutes: S1740-2
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 post on its website the rubrics used to evaluate curriculum and intervention materials. The department must revise the list of approved curriculum and supporting materials, and intervention materials based on the findings of the review.
No active language found for: 123B.935.2