HF 3730
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/25/2026 01:33 p.m.
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A bill for an act
relating to education; modifying education policy for kindergarten through grade
12 education; modifying policy for charter schools; modifying policy for state
agencies; amending Minnesota Statutes 2024, sections 120A.05, subdivision 10a;
120B.021, subdivision 2; 120B.022, subdivision 1b; 120B.11, subdivision 1;
121A.038, subdivision 1, by adding a subdivision; 121A.49; 123B.77, by adding
subdivisions; 124D.119, by adding a subdivision; 124E.05, subdivisions 6, 8;
124E.07, subdivisions 1, 4, 8, by adding a subdivision; 124E.08; Minnesota Statutes
2025 Supplement, sections 120B.12, subdivisions 2, 2a; 120B.124, subdivision 5;
124D.09, subdivisions 5, 7, 12; 124D.111, subdivisions 2a, 6; 124D.1158,
subdivision 5; 124E.03, subdivision 2; 124E.07, subdivisions 2, 3; 124E.17,
subdivisions 1, 2; 124E.27; proposing coding for new law in Minnesota Statutes,
chapters 120A; 121A; repealing Minnesota Statutes 2025 Supplement, sections
120B.124, subdivision 6; 124E.16, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1.
Minnesota Statutes 2024, section 120A.05, subdivision 10a, is amended to read:
Subd. 10a.
Kindergarten.
"Kindergarten" means a deleted text begin programdeleted text end new text begin gradenew text end designed for pupils
five years of age on new text begin or before new text end September 1 of the calendar year in which the school year
commences that new text begin provides a developmentally appropriate learning experience and new text end prepares
pupils to enter first grade the following school year.
Sec. 2.
new text begin
[120A.391] EDUCATION OF CHILDREN EXPERIENCING
HOMELESSNESS.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
(a) For purposes of this section, "child experiencing
homelessness" means a child who lacks a fixed, regular, and adequate nighttime residence,
including:
new text end
new text begin
(1) a child sharing housing with other persons due to loss of housing, economic hardship,
or similar reason;
new text end
new text begin
(2) a child living in a motel, hotel, or camping ground due to lack of alternative adequate
accommodations;
new text end
new text begin
(3) a child living in an emergency or transitional shelter;
new text end
new text begin
(4) a child abandoned in a hospital;
new text end
new text begin
(5) a child living in a car, park, public space, abandoned building, substandard housing,
bus or train station, or similar setting; and
new text end
new text begin
(6) a migratory child who qualifies as homeless under the circumstances described in
clauses (1) to (5).
new text end
new text begin
(b) The term "child experiencing homelessness" includes children and youth experiencing
homelessness.
new text end
new text begin
(c) Nothing in this section shall conflict with or supersede the requirements under section
256K.45 as it relates to educational services for homeless youth.
new text end
new text begin Subd. 2. new text end
new text begin Identification and enrollment. new text end
new text begin
(a) Each school district and charter school
must establish procedures to identify a child experiencing homelessness as defined in
subdivision 1 and must designate a homeless liaison to ensure the implementation and
coordination of the services described in this section. Upon identification of a child
experiencing homelessness, a school district must immediately enroll the child in school,
even if the child cannot produce records otherwise required for enrollment, such as previous
academic records, immunization or medical records, proof of residency, or other
documentation.
new text end
new text begin
(b) For purposes of this subdivision, "enrollment" means attending classes and
participating fully in school activities.
new text end
new text begin
(c) For purposes of this subdivision, "immediately" means enrollment must occur within
one school day.
new text end
new text begin Subd. 3. new text end
new text begin Educational services and supports. new text end
new text begin
School districts and charter schools must
provide a child experiencing homelessness with educational services and supports designed
to meet the unique needs of the child, including but not limited to:
new text end
new text begin
(1) educational services comparable to those offered to other children;
new text end
new text begin
(2) transportation to and from the school of origin when in the child's best interest as
provided under section 120A.20, subdivision 2;
new text end
new text begin
(3) removal of barriers to school enrollment and attendance, which may include providing
access to school supplies, meals, and other services necessary to ensure educational access;
and
new text end
new text begin
(4) coordination by the designated homeless liaison with housing services, social services,
mental health agencies, and other community service providers to ensure continuity of
services and supports.
new text end
new text begin Subd. 4. new text end
new text begin School stability and best interest determination. new text end
new text begin
When it is in the child's
best interest, a child experiencing homelessness may remain in their school of origin for
the duration of homelessness or through the end of any academic year in which they obtain
permanent housing. A school district must presume that remaining in the school of origin
is in the child's best interest unless it is contrary to the wishes of the child's parent, guardian,
or unaccompanied homeless youth.
new text end
new text begin Subd. 5. new text end
new text begin Records transfer and dispute resolution. new text end
new text begin
(a) School districts and charter
schools must immediately transfer educational and health records for a child experiencing
homelessness to ensure continuity of appropriate educational services.
new text end
new text begin
(b) If a dispute arises over school selection or enrollment, the child must be immediately
enrolled in the school requested by the child's parent, guardian, or unaccompanied homeless
youth, pending resolution of the dispute. The school district must provide the child's parent,
guardian, or unaccompanied homeless youth with a written explanation of its decision, and
a notice of the right to appeal, including information about how to initiate an appeal.
new text end
new text begin Subd. 6. new text end
new text begin Unaccompanied homeless youth. new text end
new text begin
For purposes of this section, "unaccompanied
homeless youth" means a child or youth experiencing homelessness not in the physical
custody of a parent or guardian.
new text end
Sec. 3.
new text begin
[120A.392] EDUCATION OF MIGRATORY CHILDREN.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "migratory child" means a child
who has moved due to economic necessity in the preceding 36 months across school district
lines either within the state of Minnesota or from another state to engage in temporary or
seasonal agricultural or fishing work or to accompany or join a parent, guardian, or other
family member who moved to engage in temporary or seasonal agricultural or fishing work.
new text end
new text begin Subd. 2. new text end
new text begin Identification and enrollment. new text end
new text begin
Each school district or charter school shall
establish procedures to identify migratory children as defined in subdivision 1. Upon
identification of a migratory child, the school district must immediately enroll the child in
school, even if the child cannot produce records normally required for enrollment, such as
previous academic records, health records, proof of residency, or other documentation.
new text end
new text begin Subd. 3. new text end
new text begin Educational services. new text end
new text begin
School districts and charter schools shall provide
migratory children with educational services designed to meet their unique needs, including
but not limited to: (1) supplemental academic instruction; (2) support services to address
educational disruption; and (3) coordination with other educational programs and services.
new text end
new text begin Subd. 4. new text end
new text begin Continuity of services. new text end
new text begin
School districts and charter schools shall ensure
continuity of educational services by expediting the transfer of educational and health records
for migratory children and implementing procedures to facilitate enrollment and appropriate
course placement.
new text end
Sec. 4.
Minnesota Statutes 2024, section 120B.021, subdivision 2, is amended to read:
Subd. 2.
Standards development.
(a) The commissioner must consider advice from at
least the following stakeholders in developing statewide rigorous core academic standards
in language arts, mathematics, science, social studies, including history, geography,
economics, government and citizenship, health, and the arts:
(1) parents of school-age children and members of the public throughout the state;
(2) teachers throughout the state currently licensed and providing instruction in language
arts, mathematics, science, social studies, health, or the arts and licensed elementary and
secondary school principals throughout the state currently administering a school site;
(3) currently serving members of local school boards and charter school boards throughout
the state;
(4) faculty teaching core subjects at postsecondary institutions in Minnesota;
(5) representatives of the Minnesota business community;
(6) representatives from the Tribal Nations Education Committee and Tribal Nations
and communities in Minnesota, including both Anishinaabe and Dakota; and
(7) current students, with input from the Minnesota Youth Council.
(b) Academic standards must:
(1) be clear, concise, objective,new text begin andnew text end measurabledeleted text begin , and grade-level appropriatedeleted text end ;
(2) not require a specific teaching methodology or curriculum; and
(3) be consistent with the Constitutions of the United States and the state of Minnesota.
Sec. 5.
Minnesota Statutes 2024, section 120B.11, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of this section and section 120B.10, the
following terms have the meanings given deleted text begin themdeleted text end .
(a) "Instruction" means methods of providing learning experiences that enable a student
to meet state and district academic standards and graduation requirements including applied
and experiential learning.
(b) "Curriculum" means district or school adopted programs and written plans for
providing students with learning experiences that lead to expected knowledge and skills
and career and college readiness.
(c) "Comprehensive achievement and civic readiness" means striving to: deleted text begin meet school
readiness goalsdeleted text end new text begin create developmentally appropriate early learning experiencesnew text end ; close the
academic achievement gap among all racial and ethnic groups of students and between
students living in poverty and students not living in poverty; have all students attain career
and college readiness before graduating from high school; have all students graduate from
high school; and prepare students to be lifelong learners.
(d) "Experiential learning" means learning for students that includes career exploration
through a specific class or course or through work-based experiences such as job shadowing,
mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative
work experience, youth apprenticeship, or employment.
(e) "Ethnic studies" as defined in section 120B.25 has the same meaning for purposes
of this section. Ethnic studies curriculum may be integrated in existing curricular
opportunities or provided through additional curricular offerings.
(f) "Antiracist" means actively working to identify and eliminate racism in all forms in
order to change policies, behaviors, and beliefs that perpetuate racist ideas and actions.
(g) "Culturally sustaining" means integrating content and practices that infuse the culture
and language of Black, Indigenous, and People of Color communities who have been and
continue to be harmed and erased through the education system.
(h) "Institutional racism" means structures, policies, and practices within and across
institutions that produce outcomes that disadvantage those who are Black, Indigenous, and
People of Color.
Sec. 6.
new text begin
[121A.032] BULLYING INTERVENTIONS AND SUPPORTS.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
It is the intent of the legislature to promote safe, supportive,
and inclusive school environments by ensuring that all students involved in bullying incidents,
including both the target and the actor, receive appropriate interventions and supports. This
section recognizes that punitive responses as the only response are insufficient to address
the root causes of bullying behaviors and that supportive measures are essential for
prevention, healing, and long-term school climate improvement.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following terms have the meanings
given:
new text end
new text begin
(1) "actor" means a student who engages in bullying behavior;
new text end
new text begin
(2) "target" means a student who experiences bullying behavior; and
new text end
new text begin
(3) "supportive interventions" include but are not limited to trauma-informed assessments,
culturally responsive mental health services, restorative practices, counseling, and
individualized educational or behavioral supports designed to address underlying causes of
behavior.
new text end
new text begin Subd. 3. new text end
new text begin Supportive interventions required. new text end
new text begin
(a) A school district or charter school
must provide supportive interventions for both the target and the actor involved in a bullying
incident.
new text end
new text begin
(b) Supportive interventions for the actor may include:
new text end
new text begin
(1) an assessment of potential underlying causes of behavior, including trauma, unmet
mental health needs, or experiences of exclusion;
new text end
new text begin
(2) access to appropriate mental health services and counseling;
new text end
new text begin
(3) educational supports and skill-building interventions focused on empathy, conflict
resolution, and healthy relationships; and
new text end
new text begin
(4) engagement of the student's parent or guardian, when appropriate, in the development
and implementation of the support plan.
new text end
new text begin
(c) Supportive interventions for the target must include access to counseling, mental
health services, and other resources designed to restore safety and well-being.
new text end
new text begin
(d) School districts and charter schools must ensure that supportive interventions are
implemented equitably and do not disproportionately exclude or punish students based on
race, ethnicity, national origin, gender identity, sexual orientation, disability status, or other
protected characteristics.
new text end
new text begin Subd. 4. new text end
new text begin Policy alignment. new text end
new text begin
(a) Each school district and charter school must review and,
when necessary, revise its bullying prevention policy to align with bill language.
new text end
new text begin
(b) Policies must remove references to "remedial responses" and replace the term with
language reflecting comprehensive, supportive interventions.
new text end
new text begin
(c) Policies must be adopted before the start of the 2027-2028 school year.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 7.
Minnesota Statutes 2024, section 121A.038, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have
the meanings given.
(b) "Active shooter drill" means an emergency preparedness drill designed to teach
students, teachers, school personnel, and staff how to respond in the event of an armed
intruder on campus or an armed assailant in the immediate vicinity of the school. An active
shooter drill is not an active shooter simulation, nor may an active shooter drill include any
sensorial components, activities, or elements which mimic a real life shooting.
(c) "Active shooter simulation" means an emergency exercise including full-scale or
functional exercises, designed to teach adult school personnel and staff how to respond in
the event of an armed intruder on campus or an armed assailant in the immediate vicinity
of the school which also incorporates sensorial components, activities, or elements mimicking
a real life shooting. Activities or elements mimicking a real life shooting include, but are
not limited to, simulation of tactical response by law enforcement. An active shooter
simulation is not an active shooter drill.
(d) "Evidence-based" means a program or practice that demonstrates any of the following:
(1) a statistically significant effect on relevant outcomes based on any of the following:
(i) strong evidence from one or more well designed and well implemented experimental
studies;
(ii) moderate evidence from one or more well designed and well implemented
quasi-experimental studies; or
(iii) promising evidence from one or more well designed and well implemented
correlational studies with statistical controls for selection bias; or
(2) a rationale based on high-quality research findings or positive evaluations that the
program or practice is likely to improve relevant outcomes, including the ongoing efforts
to examine the effects of the program or practice.
new text begin
(e) "Fire drill" means an emergency preparedness drill designed to teach students,
teachers, school personnel, and staff to quickly and expeditiously quit the premises in case
of fire or other emergency while school is in operation.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end "Full-scale exercise" means an operations-based exercise that is typically the most
complex and resource-intensive of the exercise types and often involves multiple agencies,
jurisdictions, organizations, and real-time movement of resources.
deleted text begin (f)deleted text end new text begin (g)new text end "Functional exercise" means an operations-based exercise designed to assess and
evaluate capabilities and functions while in a realistic, real-time environment, however,
movement of resources is usually simulated.
new text begin
(h) "Lockdown drill" means an emergency preparedness drill designed to teach students,
teachers, school personnel, and staff how to respond when there is a threat or hazard inside
of a school building requiring those individuals to lock classroom doors, turn off lights, and
stay out of sight.
new text end
new text begin
(i) "Shelter-in-place drill" means an emergency preparedness drill designed to teach
students, teachers, school personnel, and staff how to respond when specific protective
actions are needed to keep those individuals inside of the school building based on a threat
or hazard such as severe weather or hazmat spill.
new text end
Sec. 8.
Minnesota Statutes 2024, section 121A.038, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin School safety drills. new text end
new text begin
(a) Districts and schools, in consultation with students,
and parents or legal guardians, to the extent practicable, shall adopt and implement statewide
guidance to support school districts, charter schools, and nonpublic schools, including but
not limited to:
new text end
new text begin
(1) fire drills;
new text end
new text begin
(2) shelter-in-place drills;
new text end
new text begin
(3) lockdown drills; and
new text end
new text begin
(4) active shooter drills.
new text end
new text begin
(b) The commissioner shall make available resources for districts and charter schools
to adopt guidance in accordance with this section. The guidance must:
new text end
new text begin
(1) define and distinguish each type of drill, including the differences between lockdown
and active shooter drills;
new text end
new text begin
(2) establish best practices for the number and frequency of each drill type;
new text end
new text begin
(3) include procedures for assigning roles and responsibilities to all school staff, including
teachers, paraprofessionals, custodians, cafeteria workers, office staff, and other adults
present in the building;
new text end
new text begin
(4) provide trauma-informed strategies for explaining drills to students in developmentally
appropriate ways, including preparation and debriefing; and
new text end
new text begin
(5) permit districts to conduct certain drills without students present if doing so reduces
trauma and supports adult preparedness and, on a cycle consistent with other district policies,
permit the district or charter school to review and revise the plan, where appropriate.
new text end
Sec. 9.
Minnesota Statutes 2024, section 121A.49, is amended to read:
121A.49 APPEAL.
A party to an exclusion or expulsion decision made under sections 121A.40 to 121A.56
may appeal the decision to the commissioner of education within 21 calendar days of school
board action. Upon being served with a notice of appeal, the district shall provide the
commissioner and the parent or guardian with a complete copy of the hearing recordnew text begin ,
including a written transcript of the expulsion hearing,new text end within five days of its receipt of the
notice of appeal. All written submissions by the appellant must be submitted and served on
the respondent within ten days of its actual receipt of thenew text begin hearing record, including the
writtennew text end transcript. All written submissions by the respondent must be submitted and served
on the appellant within ten days of its actual receipt of the written submissions of the
appellant. The decision of the school board must be implemented during the appeal to the
commissioner.
In an appeal under this section, the commissioner may affirm the decision of the agency,
may remand the decision for additional findings, or may reverse or modify the decision if
the substantial rights of the petitioners have been prejudiced because the administrative
findings, inferences, conclusions, or decisions are:
(1) in violation of constitutional provisions;
(2) in excess of the statutory authority or jurisdiction of the school district;
(3) made upon unlawful procedure, except as provided in section 121A.48;
(4) affected by other error of law;
(5) unsupported by substantial evidence in view of the entire record submitted; or
(6) arbitrary or capricious.
The commissioner or the commissioner's representative shall make a final decision based
upon the record. The commissioner shall issue a decision within 30 calendar days of receiving
the entire record and the parties' written submission on appeal. The commissioner's decision
shall be final and binding upon the parties after the time for appeal expires under section
121A.50.
Sec. 10.
Minnesota Statutes 2025 Supplement, section 124D.111, subdivision 2a, is
amended to read:
Subd. 2a.
Federal child and adult care food program and federal summer food
service program; criteria and notice; board of directors; salaries.
(a) The commissioner
must post on the department's website eligibility criteria and application information for
nonprofit organizations interested in applying to the commissioner for approval as a multisite
sponsoring organization under the federal child and adult care food program and federal
summer food service program. The posted criteria and information must inform interested
nonprofit organizations about:
(1) the criteria the commissioner uses to approve or disapprove an application, including
how an applicant demonstrates financial viability for the Minnesota program, among other
criteria;
(2) the commissioner's process and time line for notifying an applicant when its
application is approved or disapproved and, if the application is disapproved, the explanation
the commissioner provides to the applicant; and
(3) any appeal or other recourse available to a disapproved applicant.
(b) The commissioner must evaluate financial eligibility as part of the application process.
An organization applying to be a prospective nonprofit multisite sponsoring organization
for the federal child and adult care food program or the federal summer food service program
must provide documentation of financial viability as an organization. Documentation must
include:
(1) evidence that the organization has operated for at least one year and has filed at least
one tax return;
(2) the most recent tax return submitted by the organization and corresponding forms
and financial statements;
(3) a profit and loss statement and balance sheet or similar financial information; and
(4) evidence that at least ten percent of the organization's operating revenue comes from
sources other than the United States Department of Agriculture child nutrition program and
that the organization has additional funds or a performance bond available to cover at least
one month of reimbursement claims.
(c) When a nonprofit organization applies for sponsorship as a multisite sponsoring
organization under the federal child and adult care food program or federal summer food
service program, applications are evaluated on the following criteria in addition to federal
requirements:
(1) any sponsor that applies to receive reimbursement over the federal single audit
threshold, as defined in Code of Federal Regulations, title 2, section 200, must ensure a
minimum of one full-time equivalent financial director, or similar role, for the organization.
This position must be solely dedicated to the responsibilities of a financial director, or similar
role, and be separate from any other position within the organization;
(2) volunteers must not be allowed to make organization-level decisions, monitor sites,
or provide financial oversight. Board members, whether paid or unpaid, are not considered
volunteers; and
(3) unless granted special approval by the commissioner, sponsoring organizations are
limited to an annual maximum increase of 25 percent new text begin per program new text end for the number of
sponsored sites and total reimbursement.
(d) A nonprofit multisite sponsoring organization must be governed by a board of
directors consistent with the following requirements:
(1) board bylaws must outline the procedures for changing the governance structure,
following the requirements of chapter 317A;new text begin and
new text end
deleted text begin
(2) board of director meetings must comply with chapter
deleted text end
deleted text begin
13D
deleted text end
deleted text begin
governing open meetings;
and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end a nonprofit multisite sponsoring organization must publish and maintain:
(i) the meeting minutes of the board of directors and of members and 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;
and
(ii) directory information for the board of directors and for the members of committees
having board-delegated authority.
(e) The commissioner must post annually on the department's website the approved
salary range for the positions of executive director, financial director, monitoring staff,
administrative staff, and officer-level positions for multisite sponsoring organizations under
the federal child and adult care food program and federal summer food service program.
Salaries charged to the nonprofit food service fund must fall within these ranges.
Sec. 11.
Minnesota Statutes 2025 Supplement, section 124D.111, subdivision 6, is amended
to read:
Subd. 6.
Second lunch.
A school that receives school lunch aid under this section must
allow a student to purchase a second lunchnew text begin entree, if available,new text end at the nonprogram price if
the student has already selected a reimbursable lunch.
Sec. 12.
Minnesota Statutes 2025 Supplement, section 124D.1158, subdivision 5, is
amended to read:
Subd. 5.
Second breakfast.
A school that receives school breakfast aid under this section
or under section 124D.111, subdivision 1d, must allow a student to purchase a second
breakfastnew text begin entree, if available,new text end at the nonprogram price if the student has already selected a
reimbursable breakfast.
Sec. 13.
Minnesota Statutes 2024, section 124D.119, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Summer Food Service Program applications. new text end
new text begin
Consistent with Code of Federal
Regulations, title 7, part 225, nonprofit organizations applying as new sponsors of the
Summer Food Service Program must submit an application to the commissioner by May 1.
new text end
ARTICLE 2
EDUCATION EXCELLENCE
Section 1.
Minnesota Statutes 2024, section 120B.022, subdivision 1b, is amended to read:
Subd. 1b.
State bilingual and multilingual seals.
(a) Consistent with efforts to strive
for comprehensive achievement and civic readiness under sections 120B.11 and 124E.03,
subdivision 2, paragraph (i), and close the academic achievement and opportunity gap under
sections 124D.861 and 124D.862, voluntary state bilingual and multilingual seals are
established to recognize graduating high school students in any school district, charter
school, or nonpublic school who demonstrate particular levels of proficiency in one or more
languages other than English. The levels of proficiency established under this subdivision
are based on the ACTFL's proficiency guidelines. A student is eligible for a seal in a language
other than English if the student demonstrates proficiency derived from assessment in the
domains of listening, reading, speaking, and writing on an assessment aligned with ACTFL
proficiency guidelines or on an equivalent valid and reliable assessment at a level required
under paragraph (c). Indigenous American Indian languages and American Sign Language
are languages other than English for purposes of this subdivision and world languages for
purposes of subdivision 1a.
(b) In addition to paragraph (a), to be eligible to receive a seal students must satisfactorily
complete all required English language arts credits.
(c) Consistent with this subdivision, a high school student who demonstrates an overall
intermediate high ACTFL level of proficiency derived from assessment in the domains of
listening, reading, speaking, and writing in one language in addition to English is eligible
to receive the state bilingual gold seal. A high school student who demonstrates an overall
intermediate high ACTFL level of proficiency derived from assessment in the domains of
listening, reading, speaking, and writing in more than one language in addition to English
is eligible to receive the state multilingual gold seal. A high school student who demonstrates
an overall advanced-low or above ACTFL level of proficiency derived from assessment in
the domains of listening, reading, speaking, and writing in one language in addition to
English is eligible to receive the state bilingual platinum seal. A high school student who
demonstrates an overall advanced-low or above ACTFL level of proficiency derived from
assessment in the domains of listening, reading, speaking, and writing in more than one
language in addition to English is eligible to receive the state multilingual platinum seal.
(d) School districts and charter schools may give students periodic opportunities to
demonstrate their level of proficiency in listening, speaking, reading, and writing in a
language in addition to English. Where valid and reliable assessments new text begin aligned with ACTFL
proficiency guidelines new text end are unavailablenew text begin for all four modalitiesnew text end ,new text begin the department must establish
alternate options to assess a student's level of non-English language proficiency under this
section. Alternate assessment options may include but are not limited to:
new text end
new text begin (1)new text end a school district or charter school may rely on evaluators trained in assessing under
ACTFL proficiency guidelines deleted text begin to assess a student's level of non-English language proficiency
under this section.deleted text end new text begin ;
new text end
new text begin
(2) portfolio assessment that demonstrates proficiency across multiple modalities; or
new text end
new text begin
(3) modified assessment requirements for languages where cultural or structural factors
make traditional four-modality assessment inappropriate, as determined by the commissioner
in consultation with language communities.
new text end
new text begin The department must publish the alternate options and detailed guidelines for implementation
that ensure consistency and maintain alignment with ACTFL proficiency standards. new text end School
districts and charter schools must maintain appropriate records to identify high school
students eligible to receive the state bilingual or multilingual gold and platinum seals upon
graduation. The school district or charter school must notate the appropriate seal to the
transcript of each high school student who meets the requirements of this subdivision and
may affix the seal to the student's diploma. A school district or charter school must not
charge the high school student a fee for this seal.
(e) A school district or charter school may award elective course credits in world
languages to a student who demonstrates the requisite proficiency in a language other than
English under this section.
(f) A school district or charter school may award community service credit to a student
who demonstrates an overall intermediate high or above ACTFL level of proficiency derived
from assessment in the domains of listening, reading, speaking, and writing in a language
other than English and who participates in community service activities that are integrated
into the curriculum, involve the participation of teachers, and support biliteracy in the school
or local community.
(g) The commissioner must list on the web page the assessments that are aligned to
ACTFL proficiency guidelines, and establish guidelines on interpreting the scores or ratings
from approved assessments.
(h) By August 1, 2015, the colleges and universities of the Minnesota State Colleges
and Universities system must establish criteria to translate the seals into college credits
based on the world language course equivalencies identified by the Minnesota State Colleges
and Universities faculty and staff and, upon request from an enrolled student, the Minnesota
State Colleges and Universities may award foreign language credits to a student who received
a Minnesota World Language Proficiency Certificate or Minnesota Bilingual or Multilingual
Seals under subdivision 1a. A student who demonstrated the requisite level of language
proficiency in grade 10, 11, or 12 to receive a seal or certificate and is enrolled in a Minnesota
State Colleges and Universities institution must request college credits for the student's seal
or proficiency certificate within three academic years after graduating from high school.
The University of Minnesota is encouraged to award students foreign language academic
credits consistent with this paragraph.
Sec. 2.
Minnesota Statutes 2025 Supplement, section 120B.12, subdivision 2, is amended
to read:
Subd. 2.
Identification; report.
(a) Each school district must screen every student
enrolled in kindergarten, grade 1, grade 2, and grade 3 using a screening tool approved by
the Department of Education three times each school year: (1) within the first six weeks of
the school year; (2) by February 15 each year; and (3) within the last six weeks of the school
year. Students enrolled in kindergarten, grade 1, grade 2, and grade 3, including multilingual
learners, students receiving special education services, and students enrolled in dual language
immersion programs, must be universally screened for mastery of foundational reading
skills, including phonemic awareness, phonics, decoding, fluency, oral language, and for
characteristics of dyslexia as measured by a screening tool approved by the Department of
Education. The screening for characteristics of dyslexia may be integrated with universal
screening for mastery of foundational skills and expressive deleted text begin ordeleted text end new text begin andnew text end receptive language
mastery. The screening tool used must be a valid and reliable universal screener that is
highly correlated with foundational reading skills. For students reading at grade level,
beginning in the winter of grade 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 skills. 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.new text begin 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 these limited cases, the student must continue to receive progress monitoring
and literacy interventions.
new text end
(b) For students enrolled in dual language immersion programs:
(1) if students are screened in the partner language, they must be screened at the same
interval as the screenings in English under paragraph (a);
(2) if the program provides instruction in foundational reading skills in English, the
students receiving that instruction must be screened in English;
(3) if the program provides instruction in foundational reading skills in the partner
language, the students receiving that instruction must be screened in the partner language;
(4) if no screener is available in the partner language, the districts must identify how
students' reading proficiency is assessed and how the districts determine and provide targeted
reading instruction in the partner language and supports to students identified as needing
additional support in developing mastery of foundational reading skills; and
(5) the partner language screening tool must be approved by the district for kindergarten
through grade 3 students.
(c) Students in grades 4 and above, including multilingual learners and students receiving
special education services, who are not reading at grade level must be screened for reading
difficulties, including characteristics of dyslexia, using a screening tool approved by the
Department of Education, 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.
(d) 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.
(e) The district also must include in its local 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 characteristics of reading difficulties,
including 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.
Sec. 3.
Minnesota Statutes 2025 Supplement, section 120B.12, subdivision 2a, is amended
to read:
Subd. 2a.
Parent notification and involvement.
(a) 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 follow the language access
plan under section 123B.32 and give the parent of each student who is not reading at or
above grade level information from the screener 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) A district must administer an approved reading screener to students in grades 4
through 12 who are not reading at grade level at least once per year until the student reaches
grade-level proficiency.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end For students enrolled in dual language immersion programs, the district must
measure the student's reading proficiency in English or in the program's partner language,
if available, according to subdivision 2. Following the district's language access plan under
section 123B.32, the district must notify families with timely information about students'
reading proficiency, including how the student's reading proficiency is assessed, any
reading-related services or supports provided to the student and the student's progress, and
strategies for families to use at home in helping students succeed in becoming grade-level
proficient in reading in English or the 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.
deleted text begin (c)deleted text end new text begin (d)new text end A district may not use this section to deny a student's right to a special education
evaluation.
Sec. 4.
Minnesota Statutes 2025 Supplement, section 120B.124, subdivision 5, is amended
to read:
Subd. 5.
Ongoing review of literacy materials.
new text begin By June 1, 2026, the department must
establish an ongoing review process for curriculum and intervention materials in order to
identify those that are evidence-based, focused on structured literacy, culturally and
linguistically responsive, and reflective of diverse populations. new text end The department may partner
with one or more institutions of higher education new text begin or a third party new text end to conduct independent
and objective reviews of curriculum and intervention materials. The department must
determine whether it will partner with an institution of higher education to conduct ongoing
reviews of literacy materials by June 1, 2026. A publisher may submit curriculum or
intervention materials for review. The publisher is responsible for paying the cost of the
review directly to the institution of higher education. The review must use the new text begin Read Act
new text end rubric used to approve curriculum deleted text begin and postdeleted text end new text begin . The department may modify the rubric to reflect
the needs of grade levels and special populations, including the Minnesota English Language
Arts standards and culturally and linguistically responsive criteria.new text end The rubric new text begin must be posted
new text end on the department website. The department and institution of higher education may approve
the curriculum or intervention materials if they determinenew text begin , in partnership with the reviewing
institution or a third party,new text end that the curriculum or intervention materials are evidence-based,
focused on structured literacy, culturally and linguistically responsive, and reflect diverse
populations. The department must add the approved curriculum or intervention materials
to the list of curricula and materials approved under the Read Act.new text begin Following each review
cycle, the department must post the findings of the curriculum review and intervention
materials on the department website.
new text end
Sec. 5.
Minnesota Statutes 2025 Supplement, section 124D.09, subdivision 5, is amended
to read:
Subd. 5.
Authorization; notification.
(a) Notwithstanding any other law to the contrary,
an 11th or 12th grade pupil enrolled in a school district, a charter school, 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.new text begin The provisions in this section, including
approved admissions standards submitted by an eligible institution, are the only bases upon
which a pupil described in this subdivision may not be permitted to participate in a course
offered by an eligible institution.
new text end
(b) If an new text begin eligible new text end institution accepts a secondary pupil for enrollment under this section,
the new text begin eligible new text end 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 new text begin eligible new text end institution must notify the pupil's school as soon as practicable
if the pupil withdraws from the enrolled course. The new text begin eligible new text end 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 new text begin eligible new text end institution must
notifydeleted text begin :
deleted text end
deleted text begin (1)deleted text end the pupil about payment in the customary manner used by the new text begin eligible new text end institutiondeleted text begin ;
and
deleted text end
deleted text begin (2) the pupil's school as soon as practicable if the pupil withdraws from the course or
stops attending the coursedeleted text end .
Sec. 6.
Minnesota Statutes 2025 Supplement, section 124D.09, subdivision 7, is amended
to read:
Subd. 7.
Dissemination of information; notification of intent to enroll.
By the earlier
of (1) three weeks prior to the date by which a student must register for school district,
charter school, or Tribal contract school courses for the following school year, or (2) March
1 of each year, a school district, charter school, or Tribal contract school must provide
up-to-date information on the school district's, charter school's, or Tribal contract school's
website and in materials that are distributed to parents and students about the program,
including information about enrollment requirements and the ability to earn postsecondary
credit to all pupils in grades 8, 9, 10, and 11. To assist the school district, charter school, or
Tribal contract school in planning, new text begin by May 30 of each year, new text end a pupil must inform the school
district, charter school, or Tribal contract school deleted text begin by October 30 or May 30 of each year of
the pupil's intent to enroll in postsecondary courses during the following academic term. A
pupil is bound by notifying or not notifying the school district, charter school, or Tribal
contract school by October 30 or May 30deleted text end new text begin of the pupil's intent to enroll in courses during
the subsequent school year. If a pupil does not provide notice by May 30, and does not
participate in a postsecondary course during the fall term, the pupil must provide notice by
October 30 to participate in a postsecondary course during the spring term of the same
academic year. An enrollment notification is required once per each academic yearnew text end .
Sec. 7.
Minnesota Statutes 2025 Supplement, section 124D.09, subdivision 12, is amended
to read:
Subd. 12.
Credits; grade point average weighting policy.
(a) A pupil must not audit
a course under this section.
(b) A school district, charter school, or Tribal contract school must grant academic credit
to a pupil enrolled in a course for secondary credit if the pupil successfully completes the
course. Seven quarter or four semester college credits equal at least one full year of high
school credit. Fewer college credits may be prorated. A school district, charter school, or
Tribal contract school must also grant academic credit to a pupil enrolled in a course for
postsecondary credit if secondary credit is requested by a pupil. If no comparable course is
offered by the school district, charter school, or Tribal contract school, the school district,
charter school, or Tribal contract school must, as soon as possible, notify the commissioner,
who must determine the number of credits that must be granted to a pupil who successfully
completes a course. If a comparable course is offered by the school district, charter school,
or Tribal contract school, the school board must grant a comparable number of credits to
the pupil. If there is a dispute between the school district, charter school, or Tribal contract
school and the pupil regarding the number of credits granted for a particular course, the
pupil may appeal the board's decision to the commissioner. The commissioner's decision
regarding the number of credits is final.
(c) A school board must adopt a policy regarding weighted grade point averages for any
high school or dual enrollment course. A school board must adopt an identical policy
regarding weighted grade point averages for credits earned via postsecondary coursework
as it gives to credits earned via concurrent enrollment coursework. The policy must state
whether the school district, charter school, or Tribal contract school offers weighted grades.
A school board must annually publish on its website a list of courses for which a student
may earn a weighted grade.
(d) The secondary credits granted to a pupil must be counted toward the graduation
requirements and subject area requirements of the school district, charter school, or Tribal
contract schoolnew text begin demonstrating that a student meets or exceeds a specific academic standard
required for graduation under section 120B.02new text end . Evidence of successful completion of each
course and secondary credits granted must be included in the pupil's secondary school
record. A pupil must provide the school with a copy of the pupil's grades in each course
taken for secondary credit under this section, including interim or nonfinal grades earned
during the academic term. Upon the request of a pupil, the pupil's secondary school record
must also include evidence of successful completion new text begin of academic credits new text end and credits granted
for a course taken for postsecondary credit. In either case, the record must indicate that the
credits were earned at a postsecondary institution.
new text begin
(e) An enrolling district may request the pupil provide the postsecondary course syllabus
and other materials necessary to review whether the academic standards in the postsecondary
course meet or exceed the academic standards in the course it would replace at the enrolling
district.
new text end
new text begin
(f) Within 15 days after receiving the requested course syllabus and other materials, the
enrolling district must notify the pupil whether the enrolling district agrees that academic
standards in the postsecondary course meet or exceed the academic standards in the course
it would replace at the enrolling district. If the enrolling district does not agree that the
academic standards in the online course meet or exceed the academic standards in the course
it would replace at the enrolling district, then the enrolling district must provide the pupil
a written explanation of the district's review process and decision.
new text end
new text begin
(g) If there is a dispute between the district, charter school, or Tribal contract school and
the pupil regarding the number of credits granted or completion of standards in a particular
course, the pupil may appeal the board's decision to the commissioner. The commissioner's
decision regarding the completion of standards and number of credits is final.
new text end
deleted text begin (e)deleted text end new text begin (h)new text end If a pupil enrolls in a postsecondary institution after leaving secondary school,
the postsecondary institution must award postsecondary credit for any course successfully
completed for secondary credit at that institution. Other postsecondary institutions may
award, after a pupil leaves secondary school, postsecondary credit for any courses
successfully completed under this section. An institution may not charge a pupil for the
award of credit.
deleted text begin (f)deleted text end new text begin (i)new text end The Board of Trustees of the Minnesota State Colleges and Universities and the
Board of Regents of the University of Minnesota must, and private nonprofit and proprietary
postsecondary institutions should, award postsecondary credit for any successfully completed
courses in a program certified by the National Alliance of Concurrent Enrollment Partnerships
offered according to an agreement under subdivision 10. Consistent with section 135A.101,
subdivision 3, all MnSCU institutions must give full credit to a secondary pupil who
completes for postsecondary credit a postsecondary course or program that is part or all of
a goal area or a transfer curriculum at a MnSCU institution when the pupil enrolls in a
MnSCU institution after leaving secondary school. Once one MnSCU institution certifies
as completed a secondary student's postsecondary course or program that is part or all of a
goal area or a transfer curriculum, every MnSCU institution must consider the student's
course or program for that goal area or the transfer curriculum as completed.
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2025 Supplement, section 120B.124, subdivision 6,
new text end
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is repealed.
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ARTICLE 3
CHARTER SCHOOLS
Section 1.
Minnesota Statutes 2025 Supplement, section 124E.03, subdivision 2, is amended
to read:
Subd. 2.
Certain federal, state, and local requirements.
(a) A charter school shall
meet all federal, state, and local health and safety requirements applicable to school districts.
(b) A charter school must comply with 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.
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(k) A charter school must comply with the limits on screen time under section 124D.166.
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Sec. 2.
Minnesota Statutes 2024, section 124E.05, subdivision 6, is amended to read:
Subd. 6.
Corrective action.
(a) If, consistent with this chapter, the commissioner finds
that an authorizer has not met the requirements of this chapter, the commissioner may subject
the authorizer to a corrective action plan, which may last no longer than deleted text begin 130deleted text end new text begin 145new text end business
days. The commissioner may prohibit an authorizer on a correctivenew text begin actionnew text end plan from accepting
a transfer application from a charter school and an application to establish a charter school.
(b) The commissioner must notify the authorizer in writing that the authorizer has been
placed on a correctivenew text begin actionnew text end plan. The notice must include deleted text begin anydeleted text end new text begin the commissioner's new text end findings
deleted text begin that may subject the authorizer to corrective action at the conclusion of the corrective plan
anddeleted text end new text begin consistent with paragraph (a).new text end The authorizer then has 15 business days to request an
informal hearing deleted text begin before the commissioner takes corrective actiondeleted text end . The commissioner must
hold an informal hearing within 15 business days of the request.new text begin The commissioner must
make a determination on placing the authorizer on a corrective action plan within 15 business
days of the informal hearing.new text end If the deleted text begin issues identified as the basis for the corrective action
are not resolved at the informal hearingdeleted text end new text begin authorizer is placed on a corrective action plannew text end , the
authorizer must make the requested improvements and notify the commissioner of the
improvements within 45 business days. Within 20 business days, the commissioner must
review the changes and notify the authorizer of any remaining issues to be resolved. An
authorizer must address the remaining issues as directed by the commissioner within 20
business days. Within 15 business days, the commissioner must review the changes and
notify the authorizer whether all issues in the correctivenew text begin actionnew text end plan have been resolved.
(c) If the commissioner terminates the authorizer's ability to charter a school, the
commissioner must assist the affected charter school in acquiring a new authorizer. deleted text begin A charter
school board of directors may submit to the commissioner a request to transfer to a new
authorizer without the approval or consent of the current authorizer if that authorizer has
been under a corrective action plan for more than 130 business days.deleted text end new text begin The new authorizer
and school must submit a change in authorizer request to the commissioner under section
124E.10, subdivision 5, without the required mutual agreement of the terminated authorizer.
new text end
(d) The commissioner may at any time take corrective action against an authorizer,
including terminating an authorizer's ability to charter a school, terminating a contract with
a charter school, and other appropriate sanctions for:
(1) failing to demonstrate the criteria under subdivision 3 under which the commissioner
approved the authorizer;
(2) violating a term of the deleted text begin charteringdeleted text end new text begin charternew text end contract between the authorizer and the
charter school board of directors;
(3) unsatisfactory performance as an approved authorizer;
(4) any good cause shown that gives the commissioner a legally sufficient reason to take
corrective action against an authorizer; or
(5) failing to meet the terms of a corrective action plan by the specified deadline.
Sec. 3.
Minnesota Statutes 2024, section 124E.05, subdivision 8, is amended to read:
Subd. 8.
Reports.
By September 30 of each year, an authorizer shallnew text begin publish on its
website andnew text end submit to the commissioner deleted text begin adeleted text end new text begin : (i) an annual financialnew text end statement deleted text begin of income and
expendituresdeleted text end new text begin identifying the authorizer's sources of income related to authorizing activities
and the authorizer's 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; and (ii) a
balance sheet related to authorizing activities summarizing assets and liabilitiesnew text end related to
chartering activities during the previous school year ending June 30. The authorizer must
transmit a copy of the statement to all schools it charters.
Sec. 4.
Minnesota Statutes 2024, section 124E.07, subdivision 1, is amended to read:
Subdivision 1.
Initial board of directors.
new text begin (a) new text end Before entering into a contract or other
agreement for professional or other services, goods, or facilities, the operators authorized
to organize and operate a school must establish a board of directors composed of at least
five members. The initial board members must not be related parties. The initial board
continues to serve until a timely election for members of the ongoing charter school board
of directors is held according to the school's articles and bylaws under subdivision 4. The
initial board of directors and school developers must comply with the training requirements
in subdivision 7 upon the incorporation of the school.
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(b) The initial board must include:
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(1) at least one licensed teacher;
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(2) at least one prospective parent or legal guardian of a student who is not an employee
of the charter school; and
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(3) at least one interested community member.
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(c) An individual serving on the initial board must reside in Minnesota.
new text end
Sec. 5.
Minnesota Statutes 2025 Supplement, section 124E.07, subdivision 2, is amended
to read:
Subd. 2.
Ongoing board of directors.
new text begin (a) new text end 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.
new text begin
(b) 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
Sec. 6.
Minnesota Statutes 2025 Supplement, section 124E.07, subdivision 3, is amended
to read:
Subd. 3.
Membership criteria.
(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.
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(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.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end 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).
deleted text begin
(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.
deleted text end
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(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.
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(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.
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(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. 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.
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(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.
deleted text end
Sec. 7.
Minnesota Statutes 2024, section 124E.07, is amended by adding a subdivision to
read:
new text begin Subd. 3a. new text end
new text begin Conflict of interest. new text end
new text begin
(a) 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:
new text end
new text begin
(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
new text end
new text begin
(2) an immediate family member is an employee of the school.
new text end
new text begin
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.
new text end
new text begin
(b) A violation of paragraph (a) 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 (a) is individually liable to the charter school for any
damage caused by the violation.
new text end
new text begin
(c) 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.
new text end
new text begin
(d) 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. 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
Sec. 8.
Minnesota Statutes 2024, section 124E.07, subdivision 4, is amended to read:
Subd. 4.
Board structure.
new text begin
(a) The board structure must be defined in the bylaws. The
board structure may:
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(1) be a majority of teachers under paragraph (b);
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(2) be a majority of parents;
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(3) be a majority of community members; or
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(4) have no clear majority.
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new text begin (b) new text end Board bylaws shall outline the process and procedures for changing the board's
governance structure, consistent with chapter 317A. A board may change its governance
structure only:
(1) by a majority vote of the board of directors;
(2) by a majority vote of the licensed teachers employed by the school as teachers who
provide instruction to students, including licensed teachers providing instruction under a
contract between the school and a cooperative; and
(3) with the authorizer's approval.
Any change in board governance structure must conform with the board composition
established under this section.
Sec. 9.
Minnesota Statutes 2024, section 124E.07, subdivision 8, is amended to read:
Subd. 8.
Meetings and information.
(a) Board of director meetings must comply with
chapter 13D governing open meetings.
(b) A charter school shall publish and maintain on the school's official website: (1) the
meeting minutes of the board of directors and of members and 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;
(2) directory information for the board of directors and for the members of committees
having board-delegated authority; and (3) 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.
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(d) Meeting minutes must include at least the following: (1) the subject matter of a
motion; (2) the persons making and seconding a motion; (3) the roll call for a motion; (4)
the character of resolutions offered, including a brief description of their subject matter; (5)
whether a motion to approve a resolution was defeated or adopted; (6) the identity of any
party to whom a contract was awarded; (7) any abstentions from voting, including the
member's name and reason for abstention; (8) reasons the governing body awarded a
particular contract to a bidder other than the lowest bidder; (9) approval of hourly rates for
services provided, mileage rates, meal reimbursement amounts, and per diem amounts; (10)
a list of all bills allowed or approved for payment, including per diem payments, noting the
recipient, purpose, and amount; (11) a list of all transfers of funds; (12) appointments of
representatives to committees; and (13) reports of the officers.
new text end
Sec. 10.
Minnesota Statutes 2024, section 124E.08, is amended to read:
124E.08 CHARTER SCHOOL AND SCHOOL DISTRICT COLLABORATION.
new text begin Subdivision 1. new text end
new text begin Collaboration between a charter school and school district. new text end
(a) A
charter school board may voluntarily enter into a two-year, renewable collaboration
agreement with a school district in which the charter school is geographically located to
enhance the achievement of the students in the district and the students in the charter school.
new text begin (b)new text end A school district does not need to be either an approved authorizer or the authorizer
of the charter school to enter into a collaboration agreement under this section.
new text begin (c)new text end A charter school authorizer is prohibited from requiring a collaboration agreement
as a condition of entering into or renewing a charter contract as defined in section 124E.10,
subdivision 1.
new text begin
(d) Nothing in this section or in the collaboration agreement may impact in any way the
authority or autonomy of the charter school.
new text end
new text begin
(e) Nothing in this section or in the collaboration agreement shall cause the state to pay
twice for the same student, service, or facility or otherwise impact state funding or payment
to the school district or the charter school.
new text end
new text begin Subd. 2. new text end
new text begin Collaboration agreement provisions. new text end
deleted text begin (b)deleted text end new text begin (a)new text end The collaboration agreement
may include, but is not limited to, collaboration regarding facilities, transportation, training,
student achievement, assessments, mutual performance standards, and other areas of mutual
agreement.
deleted text begin (c)deleted text end new text begin (b)new text end For purposes of student assessment and reporting to the state under section
120B.36, the school district may include the academic performance of the students of a
collaborative charter school site under new text begin subdivision 1, new text end paragraph (a).
new text begin Subd. 3. new text end
new text begin Accountability measures. new text end
Districtsdeleted text begin , authorizers,deleted text end or charter schools entering
into a deleted text begin collaborativedeleted text end new text begin collaborationnew text end agreement are equally and collectively subject to the same
state and federal accountability measures for student achievement, school performance
outcomes, and school improvement strategies. The deleted text begin collaborativedeleted text end new text begin collaborationnew text end agreement
and all accountability measures must be posted on the district, charter school, and authorizer
websites.
deleted text begin
(d) Nothing in this section or in the collaboration agreement may impact in any way the
authority or autonomy of the charter school.
deleted text end
deleted text begin
(e) Nothing in this section or in the collaboration agreement shall cause the state to pay
twice for the same student, service, or facility or otherwise impact state funding or payment
to the school district or the charter school.
deleted text end
Sec. 11.
Minnesota Statutes 2025 Supplement, section 124E.17, subdivision 1, is amended
to read:
Subdivision 1.
Charter school information.
(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.
(c) For each charter school it authorizes, new text begin within 15 business days of execution, new text end 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.
(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 schoolnew text begin
in languages parents and legal guardians of students enrolled in the charter school understand,
consistent with the school's language access plan under section 124E.03, subdivision 9,
paragraph (b)new text end .
Sec. 12.
Minnesota Statutes 2025 Supplement, section 124E.17, subdivision 2, is amended
to read:
Subd. 2.
Financial information.
deleted text begin (a)deleted text end 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.
deleted text begin
(b) 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 liabilities.
deleted text end
Sec. 13.
Minnesota Statutes 2025 Supplement, section 124E.27, is amended to read:
124E.27 CMO AND EMO PUBLIC ACCOUNTING AND REPORTING.
(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 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;
deleted text begin and
deleted text end
(8) an annual assurance that all assets purchased on behalf of the charter school using
public funds remain assets of the schooldeleted text begin .deleted text end new text begin ;
new text end
new text begin
(9) an annual assurance that the charter school remains independent from the management
organization;
new text end
new text begin
(10) an annual assurance that the charter school selects and retains its own legal counsel
and auditing firm;
new text end
new text begin
(11) an outline of comprehensive policies and protocols, including detailed provisions
on compensation and payment terms, clearly defined remedies for breach of contract, and
an explicit delineation of responsibilities and rights in the event of organizational closure;
new text end
new text begin
(12) a statement that provides the school board with the clear ability to terminate the
agreement;
new text end
new text begin
(13) a statement asserting that all assets purchased with school money or awards from
school funds remain with the school;
new text end
new text begin
(14) a provision that prohibits sweeps contracts where the CMO calculates fees for
services based upon the school's total revenue; and
new text end
new text begin
(15) a statement that fees charged for services by the management organization are
reasonable, proportionate, and appropriate for the value delivered.
new text end
(c) The CMO or EMO must annually provide the charter school board a financial report
by July 31 that accounts for income and expenditures for the previous fiscal year using the
account categories in uniform financial accounting and reporting standards.
(d) Any agreement with a CMO or EMO containing any of the following provisions is
null and void:
(1) restrictions on the charter school's ability to operate a school upon termination of
the agreement;
(2) restrictions on the annual or total amount of the school's operating surplus or fund
balance;
(3) authorization to allow a CMO or EMO to withdraw funds from a charter school
account; or
(4) authorization to allow a CMO or EMO to loan funds to the charter school.
(e) A CMO or EMO or its affiliates, employees, or agents may not contract with, be
employed by, or serve on the board of an authorizer. An authorizer or its affiliates, employees,
or agents may not contract with, be employed by, serve as a paid consultant for, or serve as
a board member of a CMO or EMO.
Sec. 14. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2025 Supplement, section 124E.16, subdivision 4,
new text end
new text begin
is repealed.
new text end
ARTICLE 4
STATE AGENCIES
Section 1.
Minnesota Statutes 2024, section 123B.77, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Purchases. new text end
new text begin
All purchases using state money must be made consistent with the
procurement policy adopted under subdivision 8.
new text end
Sec. 2.
Minnesota Statutes 2024, section 123B.77, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Required procurement policy components; conflict of interest. new text end
new text begin
(a) A local
educational agency (LEA) procurement policy must include a conflict of interest policy.
new text end
new text begin
(b) A conflict of interest policy must at a minimum require that a member of the school
board, or an employee, officer, or agent of the LEA, must not participate in selecting,
awarding, or administering a contract if a conflict of interest exists. A conflict of interest
exists when the following individuals or entities have a financial or other interest in the
entity with which the LEA is contracting:
new text end
new text begin
(1) a board member, employee, officer, or agent;
new text end
new text begin
(2) an immediate family member of the board member, employee, officer, or agent;
new text end
new text begin
(3) the partner of the board member, employee, officer, or agent; or
new text end
new text begin
(4) an organization that employs or is about to employ any individual in clauses (1) to
(3).
new text end
new text begin
A violation of this prohibition renders the contract void.
new text end
new text begin
(c) The conflict of interest provisions under this subdivision do not apply to compensation
paid to a teacher employed as a teacher by the LEA or a teacher who provides instructional
services to the LEA through a cooperative formed under chapter 308A when the teacher
also serves on the school board.
new text end
new text begin
(d) A school board member, employee, or officer is a local official for purposes of section
471.895 with regard to receipt of gifts as defined under section 10A.071, subdivision 1,
paragraph (b). A board member, employee, or officer must not receive compensation from
a group health insurance provider.
new text end
new text begin
(e) All LEAs must disclose in writing to the commissioner of education any potential
conflict of interest.
new text end
new text begin
(f) A procurement policy must include thresholds for purchases by employees without
board approval.
new text end
new text begin
(g) A procurement policy must include thresholds for purchases that require competitive
procurement processes as defined in this section, except that a competitive procurement
process must occur for any procurement estimated to exceed $25,000, with the exception
of contracts described in sections 123B.52 and 471.345, subdivisions 2 to 4a.
new text end
new text begin
(h) A procurement policy must include a prohibition on breaking up a procurement into
smaller components to avoid the thresholds under paragraphs (f) and (g). Notwithstanding
paragraph (g), for a procurement estimated to exceed $25,000 but that is less than $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.
new text end
new text begin
(i) A procurement policy must include a requirement that contracts entered into under
this section must not exceed two years with an option on the part of the district to renew
for an additional two years.
new text end
Sec. 3.
Minnesota Statutes 2024, section 123B.77, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Competitive procurement. new text end
new text begin
(a) As used in this section, "competitive
procurement" means a process for procurement by sealed bids or by proposals.
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(b) "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:
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(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;
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(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;
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(3) all bids must be opened at the time and place prescribed in the invitation for bids,
and the bids must be opened publicly;
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(4) a firm fixed price contract award must 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 must only be used to determine the low bid when prior experience
indicates that the discounts are usually taken advantage of;
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(5) any or all bids may be rejected if there is a sound documented reason; and
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(6) in order for a sealed bid to be feasible, the following conditions must be present:
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(i) a complete, adequate, and realistic specification or purchase description is available;
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(ii) two or more responsible bidders are willing and able to compete effectively for the
business; and
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(iii) the procurement lends itself to a firm fixed price contract and the selection of the
successful bidder may be made principally on the price.
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(c) "Procurement by proposals" means a process in which either a fixed price or
cost-reimbursement contract is awarded. Proposals are generally used when conditions are
not appropriate for the use of sealed bids. Contracts awarded under procurement by proposals
must be awarded in accordance with the following requirements:
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(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 practicable;
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(2) the LEA must have a written method for conducting technical evaluations of the
proposals received and for making selections; and
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(3) contracts must be awarded to the responsible offeror whose proposal is most
advantageous to the LEA, with price and other factors considered.
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APPENDIX
Repealed Minnesota Statutes: 26-05912
120B.124 READ ACT IMPLEMENTATION PARTNERSHIP.
Subd. 6.
Comprehensive review of literacy materials.
Starting in 2033, the department and an institution of higher education may partner to conduct a comprehensive review of curriculum and intervention materials to identify literacy curriculum and supporting materials, and intervention materials that are evidence-based, focused on structured literacy, culturally and linguistically responsive, and reflect diverse populations. The department must 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.
124E.16 REPORTS.
Subd. 4.
Authorizer performance evaluation report.
(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).
(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.