SF 5137
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/16/2026 09:14 a.m.
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A bill for an act
relating to education; modifying provisions for the Office of the Inspector General
within the Department of Education; providing for access to records by the Office
of the Inspector General; classifying data; providing for immunity and
confidentiality in reporting or participating in an investigation; establishing a
process for notice, appeal, and withholding of payments; amending Minnesota
Statutes 2024, section 127A.21, subdivisions 1, 1a, 4, 6, by adding subdivisions;
Minnesota Statutes 2025 Supplement, sections 13.82, subdivision 1; 127A.21,
subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[13.3211] DEPARTMENT OF EDUCATION OFFICE OF THE
INSPECTOR GENERAL; INVESTIGATIVE DATA.
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(a) Data on persons that are collected, maintained, used, or disseminated by the
Department of Education in an investigation conducted under section 127A.21 are
confidential data on individuals pursuant to section 13.02, subdivision 3, or protected
nonpublic data on an individual pursuant to section 13.02, subdivision 13, and shall not be
disclosed except:
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(1) pursuant to section 13.05;
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(2) pursuant to statute or valid court order;
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(3) to a party named in a civil or criminal proceeding for preparation of a defense;
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(4) to an investigator acting on behalf of a county, state, or federal government, including
a law enforcement officer or attorney in the investigation or prosecution of a criminal, civil,
or administrative proceeding, unless the inspector general determines that disclosure may
compromise an investigation; or
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(5) to provide notices required or permitted by statute.
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(b) The data referred to in this section shall be classified as public data upon submission
to a court in a civil or criminal proceeding, or when the investigation is no longer being
pursued actively, except that the data shall be disclosed as required to comply with section
6.67 or 609.456, unless chapter 13 provides otherwise.
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(c) Notwithstanding paragraph (a), the existence of an investigation conducted by the
Office of the Inspector General or withholding of payment by the commissioner may be
disclosed if the commissioner, after consulting with the inspector general, determines that
it will not compromise the investigation.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
Minnesota Statutes 2025 Supplement, section 13.82, subdivision 1, is amended to
read:
Subdivision 1.
Application.
This section shall apply to agencies which carry on a law
enforcement function, including but not limited to municipal police departments, county
sheriff departments, fire departments, the Bureau of Criminal Apprehension, the Minnesota
State Patrol, the Board of Peace Officer Standards and Training, new text begin the Office of the Inspector
General within the Department of Education, new text end and county human service agency client and
provider fraud investigation, prevention, and control units operated or supervised by the
Department of Human Services.
Sec. 3.
Minnesota Statutes 2024, section 127A.21, subdivision 1, is amended to read:
Subdivision 1.
Establishment of Office of the Inspector General; powers; duties.
The
commissioner must establish within the department an Office of the Inspector General. The
inspector general shall report directly to the commissioner. The Office of the Inspector
General is charged with protecting the integrity of the department and the state by detecting
and preventing fraud, new text begin theft, new text end waste, and abuse in department programs. The Office of the
Inspector General must conduct independent and objective investigations to promote the
integrity of the department's programs and operations. When fraudnew text begin , theft,new text end or other misuse
of public funds is detected, the Office of the Inspector General must report it to the
appropriate law enforcement entity and collaborate and cooperate with law enforcement to
assist in the investigation and any subsequent civil and criminal prosecution.
Sec. 4.
Minnesota Statutes 2024, section 127A.21, subdivision 1a, is amended to read:
Subd. 1a.
Definitions.
(a) For purposes of this section, the following terms have the
meanings given.
(b) "Abuse" means actions that may, directly or indirectly, result in unnecessary costs
to department programs. Abuse may involve paying for items or services when there is no
legal entitlement to that paymentdeleted text begin .deleted text end new text begin ,new text end new text begin or behavior that is deficient or improper when compared
with behavior that a prudent person would consider a reasonable and necessary business
practice given the facts and circumstances.
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(c) "Department program" means a program funded by the Department of Education
that involves the transfer or disbursement of public funds or other resources to a program
participant. "Department program" includes state and federal aids or grants received by a
school district or charter school or other program participant.
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(d) "Excluded" means removed by any means from a program administered by a
Minnesota state agency or federal agency.
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deleted text begin (d)deleted text end new text begin (e)new text end "Fraud" means an intentional or deliberate act to deprive another of property or
money or to acquire property or money by deception or other unfair means. Fraud includes
intentionally submitting false information to the department for the purpose ofnew text begin eithernew text end
obtaining a greater compensation or benefit than that to which the deleted text begin persondeleted text end new text begin program participantnew text end
is legally entitlednew text begin or hiding the misuse of fundsnew text end . deleted text begin Fraud also includes failure to correct errors
in the maintenance of records in a timely manner after a request by the department.deleted text end new text begin Fraud
also includes acts that constitute a crime against any program, or attempts or conspiracies
to commit those crimes, including but not limited to the following:
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(1) theft in violation of section 609.52;
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(2) perjury in violation of section 609.48; and
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(3) aggravated forgery and forgery in violation of sections 609.625 and 609.63.
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deleted text begin (e)deleted text end new text begin (f)new text end "Investigation" means an audit, investigation, proceeding, or inquiry by the Office
of the Inspector General related to a program participant in a department program.
deleted text begin (f)deleted text end new text begin (g)new text end "Program participant" means any entity or person, including associatednew text begin entities
ornew text end persons, that receives, disburses, or has custody of funds or other resources transferred
or disbursed under a department program.new text begin Associated persons or entities include but are not
limited to vendors or other entities or persons that contract with recipients of department
program funds.
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(h) "Theft" means the act defined in section 609.52, subdivision 2.
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deleted text begin (g)deleted text end new text begin (i)new text end "Waste" means practices that, directly or indirectly, result in unnecessary costs
to department programs, such as misusing resources.new text begin Waste includes an attempt or act using
or expending resources carelessly, extravagantly, or to no purpose.
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deleted text begin (h)deleted text end new text begin (j)new text end For purposes of this section, neither "fraud,"new text begin "theft,"new text end "waste," nor "abuse" includes
decisions on instruction, curriculum, personnel, or other discretionary policy decisions made
by a school district, charter school, cooperative unit as defined by section 123A.24,
subdivision 2, or any library, library system, or library district defined in section 134.001.
Sec. 5.
Minnesota Statutes 2024, section 127A.21, subdivision 4, is amended to read:
Subd. 4.
Access to records.
(a) For purposes of an investigation, and regardless of the
data's classification under chapter 13, the Office of the Inspector General shall have access
to all relevant books, accounts, documents, data, and property related to department programs
that are maintained by a program participant, charter school, or government entity as defined
by section 13.02.
(b) Notwithstanding paragraph (a), the Office of the Inspector General must issue a
subpoena under subdivision 3 in order to access routing and account numbers to which
Department of Education funds have been disbursed.
(c) Records requested by the Office of the Inspector General under this subdivision shall
be provided in a format, place, and time frame reasonably requested by the Office of the
Inspector General.
(d) The department may enter into specific agreements with other state agencies related
to records requests by the Office of the Inspector General.
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(e) In an investigation, program participants must give the Office of the Inspector General
immediate access without prior notice to any locations of potential record storage and the
records themselves, whether physical or electronic, during regular business hours, and to
any records related to a department program. Denying the Office of the Inspector General
access to requested records is cause for immediate suspension of payment.
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(f) The Office of the Inspector General, at its own expense, may photocopy or otherwise
duplicate any record related to a department program. Photocopying or electronic duplication
shall be done on the program participant's premises when immediate access is requested,
unless removal is specifically permitted by the program participant. If requested, a program
participant must help the Office of the Inspector General duplicate any department program
record or other records related to a department program's operation, including hard copies
or electronically stored data, on the day when access is requested.
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Sec. 6.
Minnesota Statutes 2025 Supplement, section 127A.21, subdivision 5, is amended
to read:
Subd. 5.
Sanctions; appeal.
(a) This subdivision does not authorize any sanction that
reduces, pauses, or otherwise interrupts state or federal aid to a school district, charter school,
cooperative unit as defined by section 123A.24, subdivision 2, or any library, library system,
or library district defined in section 134.001.
(b) The inspector general may recommend that the commissioner impose appropriate
deleted text begin temporarydeleted text end sanctionsdeleted text begin , including withholding of payments under the department program,deleted text end on
a program participant deleted text begin pending an investigation by the Office of the Inspector Generaldeleted text end if:
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(1) during the course of an investigation, the Office of the Inspector General finds credible
indicia of fraud, waste, or abuse by the program participant;
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deleted text begin (2)deleted text end new text begin (1)new text end there has been a criminal, civil, or administrative adjudication of fraud, deleted text begin waste,
or abusedeleted text end new text begin theft, or misusenew text end against the program participant in Minnesota or in another state
or jurisdiction;new text begin or
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(3) the program participant was receiving funds under any contract or registered in any
program administered by another Minnesota state agency, a government agency in another
state, or a federal agency, and was excluded from that contract or program for reasons
credibly indicating fraud, waste, or abuse by the program participant; or
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deleted text begin (4)deleted text end new text begin (2)new text end the program participant has a pattern of noncompliance with an investigation.
(c) If an investigation finds, by a preponderance of the evidence, fraud, deleted text begin waste, or abusedeleted text end new text begin
theft, or misusenew text end by a program participant, the inspector general may, after reviewing all
facts and evidence and when acting judiciously on a case-by-case basis, recommend that
the commissioner impose appropriate sanctions on the program participant.
(d) Unless prohibited by law, the commissioner has the authority to implement
recommendations by the inspector general, including imposing appropriate sanctions,
temporarily or otherwise, on a program participant. Sanctions may include ending program
participation, stopping disbursement of funds or resources, monetary recovery, and
termination of department contracts with the participant for any current or future department
program or contract. A sanction may be imposed for up to the longest period permitted by
state or federal law. Sanctions authorized under this subdivision are in addition to other
remedies and penalties available under law.
(e) If the commissioner imposes sanctions on a program participant under this subdivision,
the commissioner must notify the participant in writing within seven business days of
imposing the sanction, unless requested in writing by a law enforcement agency to
temporarily delay issuing the notice to prevent disruption of an ongoing law enforcement
agency investigation. A notice of sanction must state:
(1) the sanction being imposed;
(2) the general allegations that form the basis for the sanction;
(3) the duration of the sanction;
(4) the department programs to which the sanction applies; and
(5) how the program participant may appeal the sanction pursuant to paragraph (f).
(f) A program participant sanctioned under this subdivision may, within 30 days after
the date the notice of sanction was mailed to the participant, appeal the determination by
requesting in writing that the commissioner initiate a contested case proceeding under
chapter 14. The scope of any contested case hearing is limited to the sanction imposed under
this subdivision. An appeal request must specify with particularity each disputed item, the
reason for the dispute, and must include the name and contact information of the person or
entity that may be contacted regarding the appeal.
(g) The commissioner deleted text begin shalldeleted text end new text begin maynew text end lift sanctions imposed under this subdivision if the
Office of the Inspector General deleted text begin determinesdeleted text end new text begin notifies the commissioner that is has determinednew text end
there is insufficient evidence of fraud, deleted text begin waste, or abusedeleted text end new text begin theft, or misusenew text end by the program
participant. The commissioner must notify the participant in writing within seven business
days of lifting the sanction.
Sec. 7.
Minnesota Statutes 2024, section 127A.21, subdivision 6, is amended to read:
Subd. 6.
Data practices.
(a) It is not a violation of rights conferred by chapter 13 or any
other statute related to the confidentiality of government data for a government entity as
defined in section 13.02 to provide data or information under this section.
(b) The inspector general is subject to the Government Data Practices Act, chapter 13,
and shall protect from unlawful disclosure data classified as not public. Data collected,
created, received, or maintained by the inspector general relating to an deleted text begin audit,deleted text end investigation,
proceeding, or inquiry are subject to deleted text begin sectiondeleted text end new text begin sections 13.3211,new text end 13.39new text begin , and 13.82new text end .
Sec. 8.
Minnesota Statutes 2024, section 127A.21, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Immunity and confidentiality. new text end
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(a) A person who makes a good faith report
is immune from any civil liability that might otherwise arise from reporting or participating
in the investigation. Nothing in this subdivision affects an individual's or entity's
responsibility for any monetary recovery under existing law or contractual obligation when
receiving public funds.
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(b) For purposes of this subdivision, "person" means a natural person.
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(c) After an investigation is complete, the reporter's name and any identifying information
must be kept confidential. The subject of the report may compel disclosure of the reporter's
name only with the consent of the reporter or upon a written finding by a district court that
the report was false and there is evidence that the report was made in bad faith. This
subdivision does not alter disclosure responsibilities or obligations under the Rules of
Criminal Procedure, except that when the identity of the reporter is relevant to a criminal
prosecution the district court shall conduct an in-camera review before determining whether
to order disclosure of the reporter's identity.
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Sec. 9.
Minnesota Statutes 2024, section 127A.21, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Limits on receiving public funds; prohibition. new text end
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(a) This subdivision does not
authorize any action that reduces, pauses, or otherwise interrupts state or federal aid to a
school district, charter school, cooperative unit as defined in section 123A.24, subdivision
2, or any library, library system, or library district defined in section 134.001.
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(b) For purposes of this subdivision, "program participant" includes individuals or persons
who have an ownership interest in, control of, or the ability to control a program participant
in a department program.
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(c) If a program participant is excluded from a department program, the inspector general
shall notify the commissioner, who shall:
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(1) prohibit the excluded program participant from enrolling in, receiving grant money
from, or registering in any other program administered by the commissioner; and
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(2) disenroll or disqualify the excluded program participant from any other program
administered by the commissioner.
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(d) If a program participant enrolled, licensed, or receiving funds under any contract or
program administered by a Minnesota state agency or federal agency is excluded from that
program, the inspector general shall notify the commissioner, who may:
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(1) prohibit the excluded program participant from enrolling in, becoming licensed,
receiving grant money from, or registering in any other program administered by the
commissioner; and
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(2) disenroll or disqualify the excluded program participant from any other program
administered by the commissioner.
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(e) The duration of a prohibition, disenrollment, revocation, suspension, or
disqualification under paragraph (c) must last for the longest applicable sanction or
disqualifying period in effect for the program participant permitted by state or federal law.
The duration of a prohibition, disenrollment, revocation, suspension, or disqualification
under paragraph (d) may last up until the longest applicable sanction or disqualifying period
in effect for the program participant as permitted by state or federal law.
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Sec. 10.
Minnesota Statutes 2024, section 127A.21, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Notice. new text end
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Within five days of taking an action against a program participant
under subdivision 9, paragraph (c) or (d), the commissioner must send notice of the action
to the program participant. The notice must state:
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(1) the basis for the action;
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(2) the effective date of the action;
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(3) the right to appeal the action; and
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(4) the requirements and procedures for reinstatement.
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Sec. 11.
Minnesota Statutes 2024, section 127A.21, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Appeal. new text end
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(a) Upon receipt of a notice under subdivision 10, a program
participant may request a contested case hearing, as defined in section 14.02, subdivision
3, by filing with the commissioner a written request of appeal. The appeal request must be
received by the commissioner no later than 30 days after the date the notification was mailed
to the program participant.
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(b) The appeal request must specify: (1) each disputed item and the reason for the dispute;
(2) the authority in statute or rule upon which the program participant relies for each disputed
item; (3) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and (4) other information required by the commissioner.
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(c) Unless timely and proper appeal is received by the commissioner, the action of the
commissioner shall be considered final and binding on the effective date of the action as
stated in the notice under subdivision 10, clause (2).
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Sec. 12.
Minnesota Statutes 2024, section 127A.21, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Withholding of payments. new text end
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(a) This subdivision does not authorize withholding
of payments that reduces, pauses, or otherwise interrupts state or federal aid to a school
district, charter school, cooperative unit as defined in section 123A.24, subdivision 2, or
any library, library system, or library district defined in section 134.001.
new text end
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(b) Except as otherwise provided by state or federal law, the inspector general shall
notify and recommend to the commissioner to withhold payments to a program participant
in any program administered by the commissioner, to the extent permitted under federal
law, if the commissioner determines there is a credible allegation of fraud or theft for which
an investigation is pending for a program administered by the department, a Minnesota state
agency, or a federal agency.
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(c) Allegations are considered credible when they have indicia of reliability and the
inspector general has reviewed the evidence and acts on a case-by-case basis. A credible
allegation of fraud is an allegation that has been verified by the commissioner from any
source, including but not limited to:
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(1) fraud hotline complaints;
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(2) claims data mining; and
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(3) patterns identified through provider audits, civil false claims cases, and investigations.
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(d) The commissioner must send notice of the withholding of payments within five days
of taking such action. The notice must: (1) state that payments are being withheld according
to this paragraph; (2) set forth the general allegations as to the reasons for the withholding
action, but need not disclose any specific information concerning an ongoing investigation;
(3) state that the withholding is for a temporary period and cite the circumstances under
which withholding will be terminated; and (4) inform the program participant of the right
to submit written evidence for consideration by the commissioner.
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(e) The withholding of payments shall not continue after the commissioner determines
there is insufficient evidence of fraud by the program participant or after legal proceedings
relating to the alleged fraud are completed, unless the commissioner has sent notice under
subdivision 5 of the intention to take an additional action related to the program participant's
participation in a program administered by the commissioner.
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(f) The withholding of payments is a temporary action and shall not be subject to appeal
under this subdivision or chapter 14.
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Sec. 13.
Minnesota Statutes 2024, section 127A.21, is amended by adding a subdivision
to read:
new text begin Subd. 13. new text end
new text begin Program participant records retention. new text end
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(a) The department must ensure
properly maintained records of external program participants and individuals that receive
money from the department.
new text end
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(b) All program participants who received program money before August 1, 2026, must
retain records as part of the department program participant record retention laws, program
rules, or contracts.
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(c) Starting August 1, 2026, all current department program participants must comply
with the record retention requirements in paragraph (d). Program participants must comply
at a minimum with this subdivision, in addition to other laws, program rules, or contracts
that may require additional records to be retained or require that records are retained for a
longer period of time.
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(d) The following records must be maintained, controlled, and made immediately
accessible to the department, including the Office of the Inspector General. The records
must be organized and labeled to correspond to categories that make them easy to identify
so that they can be made available immediately upon request at the program participant's
place of business:
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(1) payroll ledgers, canceled checks, bank deposit slips, budgets, reconciliation records,
tax records, and other accounting records;
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(2) communication related to financial management or the failure to meet generally
accepted standards of fiscal management;
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(3) daily attendance records, if required, or when the department program payment is
based on attendance;
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(4) remittance payment records from the department program and any adjusted records;
new text end
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(5) employee records identifying those persons currently employed by the program
participant or who have been employed or paid by at any time within the previous six years.
The records must include each employee's name, hourly and annual salary, qualifications,
position description, job title, and dates of employment. In addition, employee records must
be available and include the employee's time sheets, current or last known address of the
employee, documentation of background studies required pursuant to chapter 245C, and
documentation related to credentials and licenses;
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(6) records of independent contractors, entities, or individuals paid using department
program money, including identifying information, contracts, payments, or other related
records; and
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(7) records that are required to be maintained by law or contract by a program participant
when receiving department program money.
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(e) A program participant must retain all records under paragraph (d) for at least six
years from the date department program money was dispersed to the program participant,
unless other laws, program rules, or contracts require records to be retained for a longer
period of time. In the event of an appealed case, the program participant must retain all
records for the duration of the appeal or six years, whichever is longer.
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(f) A program participant who withdraws or is excluded from a department program
must retain records listed under paragraph (d) for at least six years and make them available
to the department on demand and notify the department of who is responsible for maintaining
the records, including full name, date of birth, and contact information.
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(g) If the ownership of a program participant changes, the transferor, unless otherwise
provided by law or by written agreement with the transferee, is responsible for maintaining,
preserving, and upon request from the department, making available the records related to
the program participant that were generated before the date of the transfer. Any written
agreement affecting this provision must be held in the possession of the transferor and
transferee for six years after the agreement is fully executed. The executed agreement must
be shared with the department program within 30 days of execution of the transfer agreement.
The written agreement must be provided to the department including the Office of the
Inspector General immediately upon request.
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new text begin
(h) A program participant's use of electronic record keeping or electronic signatures is
governed by the Uniform Electronic Transactions Act under chapter 325L.
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new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end