HF 3967
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/05/2026 02:05 p.m.
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A bill for an act
relating to education; modifying average daily membership and pupil units for
certain students who are not residents of Minnesota and who are enrolled in online
instruction in a Minnesota school; amending Minnesota Statutes 2024, section
124D.094, by adding a subdivision; Minnesota Statutes 2025 Supplement, section
124D.094, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2025 Supplement, section 124D.094, subdivision 1, is
amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given.
(b) "Blended instruction" means a form of digital instruction that occurs when a student
learns part time in a supervised physical setting and part time through online instruction
under paragraph (f).
(c) "Digital instruction" means instruction facilitated by technology that offers students
an element of control over the time, place, path, or pace of learning and includes blended
and online instruction.
(d) "Enrolling district" means the school district or charter school in which a student is
enrolled under section 120A.05, subdivision 8, or chapter 124E.
(e) "Online course syllabus" means a written document that identifies the state academic
standards taught and assessed in a supplemental online course under paragraph (j); course
content outline; required course assessments; instructional methods; communication
procedures with students, guardians, and the enrolling district under paragraph (d); and
supports available to the student.
(f) "Online instruction" means a form of digital instruction that occurs when a student
learns primarily through digital technology away from a supervised physical setting.
(g) "Online instructional site" means a site that offers courses using online instruction
under paragraph (f) and may enroll students receiving online instruction under paragraph
(f).
(h) "Online teacher" means an employee of the enrolling district under paragraph (d) or
the supplemental online course provider under paragraph (k) who holds the appropriate
licensure under Minnesota Rules, chapter 8710, and is trained to provide online instruction
under paragraph (f).
(i) "Student" meansnew text begin :
new text end
new text begin (1)new text end a Minnesota resident enrolled in a school defined under section 120A.22, subdivision
4, in kindergarten through grade 12 up to the age of 21deleted text begin .deleted text end new text begin ; or
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(2) a student who is not a resident of Minnesota and who meets the criteria under
subdivision 1a, paragraph (a).
new text end
(j) "Supplemental online course" means an online learning course taken in place of a
course provided by the student's enrolling district under paragraph (d).
(k) "Supplemental online course provider" means a school district, an intermediate school
district, a state-operated school, an organization of two or more school districts operating
under a joint powers agreement, or a charter school located in Minnesota that is authorized
by the Department of Education to provide supplemental online courses under paragraph
(j).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective beginning in the 2026-2027 school year.
new text end
Sec. 2.
Minnesota Statutes 2024, section 124D.094, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Nonresident students. new text end
new text begin
(a) Notwithstanding section 126C.05, subdivision 1,
or any other law to the contrary, and except as provided under paragraph (c), the average
daily membership and pupil units for a student who is not a resident of Minnesota and who
is enrolled in online instruction under this section must be counted as though the student
were a resident of Minnesota if:
new text end
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(1) the student was previously a resident of Minnesota and enrolled in a Minnesota public
school in kindergarten through grade 12 up to the age of 21;
new text end
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(2) the student is expected to graduate or reestablish residency in Minnesota after no
more than 150 calendar days;
new text end
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(3) for a student under the age of 18, the student has a parent or guardian who is a resident
of Minnesota;
new text end
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(4) the online instruction is provided by the district in which the student was enrolled
as of the student's last day of residency in Minnesota; and
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(5) the student's enrollment in online instruction under this subdivision is approved by
the superintendent of the enrolling district.
new text end
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(b) A school board may adopt additional policies governing eligibility and enrollment
in online instruction for students who are not residents of Minnesota.
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(c) A student who is not a resident of Minnesota must not be counted under paragraph
(a) for more than 150 cumulative calendar days.
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(d) A district must not charge tuition to a student who is not a resident of Minnesota and
who is counted under paragraph (a).
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new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective beginning in the 2026-2027 school year.
new text end