1.1 	A bill for an act
1.2 	relating to education; providing for general education; education excellence; 
1.3 	teachers; Department of Education housekeeping; nutrition; and early childhood 
1.4 	education;amending Minnesota Statutes 2018, sections 13.32, subdivision 3, as 
1.5 	amended; 120A.22, subdivision 7; 120B.021, subdivision 2; 120B.11, subdivisions 
1.6 	2, 3; 121A.031, subdivisions 5, 6; 121A.41, subdivision 10, by adding subdivisions; 
1.7 	121A.45, subdivision 1; 121A.46, subdivision 4, by adding a subdivision; 121A.47, 
1.8 	subdivisions 2, 14; 121A.53, subdivision 1; 121A.55; 122A.40, subdivision 8; 
1.9 	122A.41, subdivision 5; 123B.09, subdivision 2; 123B.147, subdivision 3; 
1.10 	124D.111; 124D.74, subdivision 1; 124D.78, subdivisions 1, 3; 124D.79, 
1.11 	subdivision 2; 124D.81, subdivision 1; 124D.861, subdivision 2; proposing coding 
1.12 	for new law in Minnesota Statutes, chapters 120B; 124D.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	ARTICLE 1
1.15 	GENERAL EDUCATION

1.16 	Section 1. Minnesota Statutes 2018, section 120B.11, subdivision 2, is amended to read:
1.17 		Subd. 2.Adopting plans and budgets.  A school board, at a public meeting, shall must
1.18 	adopt a comprehensive, long-term strategic plan to support and improve teaching and 
1.19 	learning that is aligned with creating the world's best workforce and includes:
1.20 	(1) clearly defined district and school site goals and benchmarks for instruction and 
1.21 	student achievement for all student subgroups identified in section 120B.35, subdivision 3, 
1.22 	paragraph (b), clause (2);
1.23 	(2) a process to assess and evaluate each student's progress toward meeting state and 
1.24 	local academic standards, assess and identify students to participate in gifted and talented 
1.25 	programs and accelerate their instruction, and adopt early-admission procedures consistent 
1.26 	with section 120B.15, and identifying the strengths and weaknesses of instruction in pursuit 
2.1 	of student and school success and curriculum affecting students' progress and growth toward 
2.2 	career and college readiness and leading to the world's best workforce;
2.3 	(3) a system to periodically review and evaluate the effectiveness of all instruction and 
2.4 	curriculum, taking into account strategies and best practices, student outcomes, school 
2.5 	principal evaluations under section 123B.147, subdivision 3, students' access to effective 
2.6 	teachers who are members of populations underrepresented among the licensed teachers in 
2.7 	the district or school and who reflect the diversity of enrolled students under section 120B.35, 
2.8 	subdivision 3, paragraph (b), clause (2), and teacher evaluations under section 122A.40, 
2.9 	subdivision 8, or 122A.41, subdivision 5;
2.10 	(4) strategies for improving instruction, curriculum, and student achievement, including 
2.11 	(i) the English and, where practicable, the native language development and the academic 
2.12 	achievement of English learners;, and (ii) for all learners, access to culturally relevant or 
2.13 	ethnic studies curriculum using culturally responsive methodologies;
2.14 	(5) a process to examine the equitable distribution of teachers and strategies to ensure 
2.15 	low-income and minority children from low-income families, families of color, and American 
2.16 	Indian families are not taught at higher rates than other children by inexperienced, ineffective, 
2.17 	or out-of-field teachers;
2.18 	(6) education effectiveness practices that integrate high-quality instruction,; rigorous 
2.19 	curriculum,; technology,; inclusive and respectful learning and work environments for all 
2.20 	students, families, and staff; and a collaborative professional culture that develops and 
2.21 	supports retains qualified and racially, ethnically, and linguistically diverse staff effective 
2.22 	at working with diverse students while developing and supporting teacher quality, 
2.23 	performance, and effectiveness; and
2.24 	(7) an annual budget for continuing to implement the district plan.

2.25 	EFFECTIVE DATE. This section is effective for all strategic plans reviewed and 
2.26 	updated after the day of final enactment.

2.27 	Sec. 2. Minnesota Statutes 2018, section 120B.11, subdivision 3, is amended to read:
2.28 		Subd. 3.District advisory committee. Each school board shall must establish an advisory 
2.29 	committee to ensure active community participation in all phases of planning and improving 
2.30 	the instruction and curriculum affecting state and district academic standards, consistent 
2.31 	with subdivision 2. A district advisory committee, to the extent possible, shall must reflect 
2.32 	the diversity of the district and its school sites, include teachers, parents, support staff, 
2.33 	students, and other community residents, and provide translation to the extent appropriate 
3.1 	and practicable. The district advisory committee shall must pursue community support to 
3.2 	accelerate the academic and native literacy and achievement of English learners with varied 
3.3 	needs, from young children to adults, consistent with section 124D.59, subdivisions 2 and 
3.4 	2a. The district may establish site teams as subcommittees of the district advisory committee 
3.5 	under subdivision 4. The district advisory committee shall must recommend to the school 
3.6 	board rigorous academic standards,; student achievement goals and measures consistent 
3.7 	with subdivision 1a and sections 120B.022, subdivisions 1a and 1b, and 120B.35,; district 
3.8 	assessments,; means to improve students' equitable access to effective and more diverse 
3.9 	teachers,; strategies to ensure the curriculum and learning and work environments are 
3.10 	inclusive and respectful toward all racial and ethnic groups; and program evaluations. School 
3.11 	sites may expand upon district evaluations of instruction, curriculum, assessments, or 
3.12 	programs. Whenever possible, parents and other community residents shall must comprise 
3.13 	at least two-thirds of advisory committee members.

3.14 	EFFECTIVE DATE. This section is effective for all strategic plans reviewed and 
3.15 	updated after the day of final enactment.

3.16 	Sec. 3. Minnesota Statutes 2018, section 123B.09, subdivision 2, is amended to read:
3.17 		Subd. 2.School board member training. A member shall receive training in school 
3.18 	finance and management developed in consultation with the Minnesota School Boards 
3.19 	Association and consistent with section 127A.19. The School Boards Association must 
3.20 	make available to each newly elected school board member training in school finance and 
3.21 	management consistent with section 127A.19 within 180 days of that member taking office. 
3.22 	The program shall be developed in consultation with the department and appropriate 
3.23 	representatives of higher education. For purposes of this subdivision only, the definition of 
3.24 	school board member includes a board member of a tribal contract school under section 
3.25 	124D.83.

3.26 	EFFECTIVE DATE. This section is effective July 1, 2021.

3.27 	Sec. 4. Minnesota Statutes 2018, section 123B.147, subdivision 3, is amended to read:
3.28 		Subd. 3.Duties; evaluation. (a) The principal shall provide administrative, supervisory, 
3.29 	and instructional leadership services, under the supervision of the superintendent of schools 
3.30 	of the district and according to the policies, rules, and regulations of the school board, for 
3.31 	the planning, management, operation, and evaluation of the education program of the building 
3.32 	or buildings to which the principal is assigned.
4.1 	(b) To enhance a principal's culturally responsive leadership skills and support and 
4.2 	improve teaching practices, school performance, and student achievement for diverse student 
4.3 	populations, including at-risk students, children with disabilities, English learners, and gifted 
4.4 	students, among others, a district must develop and implement a performance-based system 
4.5 	for annually evaluating school principals assigned to supervise a school building within the 
4.6 	district. The evaluation must be designed to improve teaching and learning by supporting 
4.7 	the principal in shaping the school's professional environment and developing teacher 
4.8 	quality, performance, and effectiveness. The annual evaluation must:
4.9 	(1) support and improve a principal's instructional leadership, organizational management, 
4.10 	and professional development, and strengthen the principal's capacity in the areas of 
4.11 	instruction, supervision, evaluation, and teacher development;
4.12 	(2) support and improve a principal's culturally responsive leadership practices that 
4.13 	create inclusive and respectful teaching and learning environments for all students, families, 
4.14 	and employees;
4.15 	(2) (3) include formative and summative evaluations based on multiple measures of 
4.16 	student progress toward career and college readiness;
4.17 	(3)(4) be consistent with a principal's job description, a district's long-term plans and 
4.18 	goals, and the principal's own professional multiyear growth plans and goals, all of which 
4.19 	must support the principal's leadership behaviors and practices, rigorous curriculum, school 
4.20 	performance, and high-quality instruction;
4.21 	(4) (5) include on-the-job observations and previous evaluations;
4.22 	(5)(6) allow surveys to help identify a principal's effectiveness, leadership skills and 
4.23 	processes, and strengths and weaknesses in exercising leadership in pursuit of school success;
4.24 	(6) (7) use longitudinal data on student academic growth as 35 percent of the evaluation 
4.25 	and incorporate district achievement goals and targets;
4.26 	(7) (8) be linked to professional development that emphasizes improved teaching and 
4.27 	learning, curriculum and instruction, student learning, culturally responsive leadership 
4.28 	practices, and a collaborative professional culture; and
4.29 	(8) (9) for principals not meeting standards of professional practice or other criteria 
4.30 	under this subdivision, implement a plan to improve the principal's performance and specify 
4.31 	the procedure and consequence if the principal's performance is not improved.
5.1 	The provisions of this paragraph are intended to provide districts with sufficient flexibility 
5.2 	to accommodate district needs and goals related to developing, supporting, and evaluating 
5.3 	principals.

5.4 	EFFECTIVE DATE. This section is effective July 1, 2022.

5.5 	Sec. 5. Minnesota Statutes 2018, section 124D.861, subdivision 2, is amended to read:
5.6 		Subd. 2.Plan implementation; components. (a) The school board of each eligible 
5.7 	district must formally develop and implement a long-term plan under this section. The plan 
5.8 	must be incorporated into the district's comprehensive strategic plan under section 120B.11. 
5.9 	Plan components may include: innovative and integrated prekindergarten through grade 12 
5.10 	learning environments that offer students school enrollment choices; family engagement 
5.11 	initiatives that involve families in their students' academic life and success; professional 
5.12 	development opportunities for teachers and administrators focused on improving the academic 
5.13 	achievement of all students, including teachers and administrators who are members of 
5.14 	populations underrepresented among the licensed teachers or administrators in the district 
5.15 	or school and who reflect the diversity of students under section 120B.35, subdivision 3, 
5.16 	paragraph (b), clause (2), who are enrolled in the district or school; increased programmatic 
5.17 	opportunities and effective and more diverse instructors focused on rigor and college and 
5.18 	career readiness for underserved students, including students enrolled in alternative learning 
5.19 	centers under section 123A.05, public alternative programs under section 126C.05, 
5.20 	subdivision 15, and contract alternative programs under section 124D.69, among other 
5.21 	underserved students; or recruitment and retention of teachers and administrators with 
5.22 	diverse racial and ethnic backgrounds.
5.23 	(b) The plan must contain goals for:
5.24 	(1) reducing the disparities in academic achievement and in equitable access to effective 
5.25 	and more diverse teachers among all students and specific categories of students under 
5.26 	section 120B.35, subdivision 3, paragraph (b), excluding the student categories of gender, 
5.27 	disability, and English learners; and
5.28 	(2) increasing racial and economic diversity and integration in schools and districts.
5.29 	(c) The plan must include strategies to make schools' curriculum and learning and work 
5.30 	environments more inclusive and respectful of students' racial, ethnic, and linguistic diversity 
5.31 	and to address issues of structural inequities in schools that create opportunity and 
5.32 	achievement gaps for students, families, and staff who are of color or who are American 
5.33 	Indian. Examples of possible structural inequities include but are not limited to policies and 
6.1 	practices that unintentionally result in disparate referrals and suspension, inequitable access 
6.2 	to advanced coursework, overrepresentation in lower level coursework, inequitable 
6.3 	participation in cocurricular activities, inequitable parent involvement, and lack of access 
6.4 	to racially and ethnically diverse teachers.
6.5 	(d) Plan components and strategies should be informed by local data and may include 
6.6 	but are not limited to the following efforts:
6.7 	(1) innovative and integrated prekindergarten through grade 12 learning environments 
6.8 	that offer students school enrollment choices;
6.9 	(2) family engagement initiatives that involve families in their students' academic life 
6.10 	and success, and improve relations between home and school;
6.11 	(3) creating opportunities for students, families, staff, and community members who are 
6.12 	of color or American Indian to share their experiences in the school setting with school staff 
6.13 	and administration to inform development of specific proposals for making school 
6.14 	environments more inclusive and respectful toward all students, families, and staff;
6.15 	(4) professional development opportunities for teachers and administrators focused on 
6.16 	improving the academic achievement of all students, including knowledge, skills, and 
6.17 	dispositions needed to be culturally responsive and successfully serve students who are 
6.18 	from diverse racial, ethnic, and linguistic backgrounds;
6.19 	(5) recruitment and retention of teachers, administrators, cultural and family liaisons, 
6.20 	paraprofessionals, and other nonlicensed staff from racial, ethnic, and linguistic backgrounds 
6.21 	represented in the student population to strengthen relationships with all students, families, 
6.22 	and other members of the community;
6.23 	(6) examining academic and discipline data, reexamining institutional policies and 
6.24 	practices that result in opportunity and achievement disparities between racial and ethnic 
6.25 	groups, and making necessary changes that increase access, meaningful participation, 
6.26 	representation, and positive outcomes for students of color, American Indian students, and 
6.27 	students who qualify for free or reduced-price lunch;
6.28 	(7) increased programmatic opportunities and effective and more diverse instructors 
6.29 	focused on rigor and college and career readiness for underserved students, including but 
6.30 	not limited to students enrolled in alternative learning centers under section 123A.05, contract 
6.31 	alternative programs under section 124D.69, and public alternative programs under section 
6.32 	126C.05, subdivision 15;
7.1 	(8) developing or expanding ethnic studies course offerings to provide all students with 
7.2 	in-depth opportunities to learn about their own and others' cultures and historical experiences; 
7.3 	or
7.4 	(9) examining and revising curricula in various subjects to be culturally relevant and 
7.5 	inclusive of various racial and ethnic groups while meeting state academic standards.
7.6 	(b) (e) Among other requirements, an eligible district must implement effective, 
7.7 	research-based interventions that include formative assessment practices to reduce the 
7.8 	disparities in student academic performance among the specific categories of students as 
7.9 	measured by student progress and growth on state reading and math assessments and as 
7.10 	aligned with section 120B.11.
7.11 	(c) (f) Eligible districts must create efficiencies and eliminate duplicative programs and 
7.12 	services under this section, which may include forming collaborations or a single, 
7.13 	seven-county metropolitan areawide partnership of eligible districts for this purpose.

7.14 	EFFECTIVE DATE. This section is effective for all plans reviewed and updated after 
7.15 	the day of final enactment.

7.16 	ARTICLE 2
7.17 	EDUCATION EXCELLENCE

7.18 	Section 1. Minnesota Statutes 2018, section 13.32, subdivision 3, as amended by Laws 
7.19 	2020, First Special Session chapter 2, article 8, section 1, is amended to read:
7.20 		Subd. 3.Private data; when disclosure is permitted. Except as provided in subdivision 
7.21 	5, educational data is private data on individuals and shall not be disclosed except as follows:
7.22 	(a) pursuant to section 13.05;
7.23 	(b) pursuant to a valid court order;
7.24 	(c) pursuant to a statute specifically authorizing access to the private data;
7.25 	(d) to disclose information in health, including mental health, and safety emergencies 
7.26 	pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code 
7.27 	of Federal Regulations, title 34, section 99.36;
7.28 	(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), 
7.29 	(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, 
7.30 	title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
8.1 	(f) to appropriate health authorities to the extent necessary to administer immunization 
8.2 	programs and for bona fide epidemiologic investigations which the commissioner of health 
8.3 	determines are necessary to prevent disease or disability to individuals in the public 
8.4 	educational agency or institution in which the investigation is being conducted;
8.5 	(g) when disclosure is required for institutions that participate in a program under title 
8.6 	IV of the Higher Education Act, United States Code, title 20, section 1092;
8.7 	(h) to the appropriate school district officials to the extent necessary under subdivision 
8.8 	6, annually to indicate the extent and content of remedial instruction, including the results 
8.9 	of assessment testing and academic performance at a postsecondary institution during the 
8.10 	previous academic year by a student who graduated from a Minnesota school district within 
8.11 	two years before receiving the remedial instruction;
8.12 	(i) to appropriate authorities as provided in United States Code, title 20, section 
8.13 	1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the 
8.14 	system to effectively serve, prior to adjudication, the student whose records are released; 
8.15 	provided that the authorities to whom the data are released submit a written request for the 
8.16 	data that certifies that the data will not be disclosed to any other person except as authorized 
8.17 	by law without the written consent of the parent of the student and the request and a record 
8.18 	of the release are maintained in the student's file;
8.19 	(j) to volunteers who are determined to have a legitimate educational interest in the data 
8.20 	and who are conducting activities and events sponsored by or endorsed by the educational 
8.21 	agency or institution for students or former students;
8.22 	(k) to provide student recruiting information, from educational data held by colleges 
8.23 	and universities, as required by and subject to Code of Federal Regulations, title 32, section 
8.24 	216;
8.25 	(l) to the juvenile justice system if information about the behavior of a student who poses 
8.26 	a risk of harm is reasonably necessary to protect the health or safety of the student or other 
8.27 	individuals;
8.28 	(m) with respect to Social Security numbers of students in the adult basic education 
8.29 	system, to Minnesota State Colleges and Universities and the Department of Employment 
8.30 	and Economic Development for the purpose and in the manner described in section 124D.52, 
8.31 	subdivision 7;
8.32 	(n) to the commissioner of education for purposes of an assessment or investigation of 
8.33 	a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request 
9.1 	by the commissioner of education, data that are relevant to a report of maltreatment and are 
9.2 	from charter school and school district investigations of alleged maltreatment of a student 
9.3 	must be disclosed to the commissioner, including, but not limited to, the following:
9.4 	(1) information regarding the student alleged to have been maltreated;
9.5 	(2) information regarding student and employee witnesses;
9.6 	(3) information regarding the alleged perpetrator; and
9.7 	(4) what corrective or protective action was taken, if any, by the school facility in response 
9.8 	to a report of maltreatment by an employee or agent of the school or school district;
9.9 	(o) when the disclosure is of the final results of a disciplinary proceeding on a charge 
9.10 	of a crime of violence or nonforcible sex offense to the extent authorized under United 
9.11 	States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title 
9.12 	34, sections 99.31 (a)(13) and (14);
9.13 	(p) when the disclosure is information provided to the institution under United States 
9.14 	Code, title 42, section 14071, concerning registered sex offenders to the extent authorized 
9.15 	under United States Code, title 20, section 1232g(b)(7); or
9.16 	(q) when the disclosure is to a parent of a student at an institution of postsecondary 
9.17 	education regarding the student's violation of any federal, state, or local law or of any rule 
9.18 	or policy of the institution, governing the use or possession of alcohol or of a controlled 
9.19 	substance, to the extent authorized under United States Code, title 20, section 1232g(i), and 
9.20 	Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution 
9.21 	has an information release form signed by the student authorizing disclosure to a parent. 
9.22 	The institution must notify parents and students about the purpose and availability of the 
9.23 	information release forms. At a minimum, the institution must distribute the information 
9.24 	release forms at parent and student orientation meetings.; or
9.25 	(r) to tribal nations about tribally enrolled or descendant students to allow the tribal 
9.26 	nation and school district or charter school to support the educational attainment of the 
9.27 	student.

9.28 	EFFECTIVE DATE. This section is effective the day following final enactment.

9.29 	Sec. 2. Minnesota Statutes 2018, section 120A.22, subdivision 7, is amended to read:
9.30 		Subd. 7.Education records. (a) A district, a charter school, or a nonpublic school that 
9.31 	receives services or aid under sections 123B.40 to 123B.48 from which a student is 
9.32 	transferring must transmit the student's educational records, within ten business days of a 
10.1 	request, to the district, the charter school, or the nonpublic school in which the student is 
10.2 	enrolling. Districts, charter schools, and nonpublic schools that receive services or aid under 
10.3 	sections 123B.40 to 123B.48 must make reasonable efforts to determine the district, the 
10.4 	charter school, or the nonpublic school in which a transferring student is next enrolling in 
10.5 	order to comply with this subdivision.
10.6 	(b) A closed charter school must transfer the student's educational records, within ten 
10.7 	business days of the school's closure, to the student's school district of residence where the 
10.8 	records must be retained unless the records are otherwise transferred under this subdivision.
10.9 	(c) A school district, a charter school, or a nonpublic school that receives services or aid 
10.10 	under sections 123B.40 to 123B.48 that transmits a student's educational records to another 
10.11 	school district or other educational entity, charter school, or nonpublic school to which the 
10.12 	student is transferring must include in the transmitted records information about any formal 
10.13 	suspension, expulsion, and exclusion disciplinary action under sections 121A.40 to 121A.56.
10.14 	Transmitted records must document any service a pupil requires to prevent the inappropriate 
10.15 	behavior from recurring. The district, the charter school, or the nonpublic school that receives 
10.16 	services or aid under sections 123B.40 to 123B.48 must provide notice to a student and the 
10.17 	student's parent or guardian that formal disciplinary records will be transferred as part of 
10.18 	the student's educational record, in accordance with data practices under chapter 13 and the 
10.19 	Family Educational Rights and Privacy Act of 1974, United States Code, title 20, section 
10.20 	1232(g).
10.21 	(d) Notwithstanding section 138.17, a principal or chief administrative officer must 
10.22 	remove from a student's educational record and destroy a probable cause notice received 
10.23 	under section 260B.171, subdivision 5, or paragraph (e), if one year has elapsed since the 
10.24 	date of the notice and the principal or chief administrative officer has not received a 
10.25 	disposition or court order related to the offense described in the notice. This paragraph does 
10.26 	not apply if the student no longer attends the school when this one-year period expires.
10.27 	(e) A principal or chief administrative officer who receives a probable cause notice under 
10.28 	section 260B.171, subdivision 5, or a disposition or court order, must include a copy of that 
10.29 	data in the student's educational records if they are transmitted to another school, unless the 
10.30 	data are required to be destroyed under paragraph (d) or section 121A.75.

10.31 	EFFECTIVE DATE. This section is effective July 1, 2021.

11.1 	Sec. 3. Minnesota Statutes 2018, section 120B.021, subdivision 2, is amended to read:
11.2 		Subd. 2.Standards development. (a) The commissioner must consider advice from at 
11.3 	least the following stakeholders in developing statewide rigorous core academic standards 
11.4 	in language arts, mathematics, science, social studies, including history, geography, 
11.5 	economics, government and citizenship, and the arts:
11.6 	(1) the Tribal Nations Education Committee under section 124D.79, subdivision 4, and 
11.7 	representatives from Minnesota's tribal nations and communities, including both Anishinaabe 
11.8 	and Dakota;
11.9 	(1) (2) parents of school-age children and members of the public throughout the state;
11.10 	(2) (3) teachers throughout the state currently licensed and providing instruction in 
11.11 	language arts, mathematics, science, social studies, or the arts and licensed elementary and 
11.12 	secondary school principals throughout the state currently administering a school site;
11.13 	(3) (4) currently serving members of local school boards and charter school boards 
11.14 	throughout the state;
11.15 	(4) (5) faculty teaching core subjects at postsecondary institutions in Minnesota; and
11.16 	(5) (6) representatives of the Minnesota business community.
11.17 	(b) Academic standards must:
11.18 	(1) be clear, concise, objective, measurable, and grade-level appropriate;
11.19 	(2) not require a specific teaching methodology or curriculum; and
11.20 	(3) be consistent with the Constitutions of the United States and the state of Minnesota.

11.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

11.22 	Sec. 4. [120B.25] CURRICULUM POLICY.
11.23 	A school board must adopt a written policy that prohibits discrimination or discipline 
11.24 	for a teacher or principal on the basis of incorporating into curriculum contributions by 
11.25 	persons in a federally protected class or protected class under section 363A.13, consistent 
11.26 	with local collective bargaining agreements and sections 121A.41 to 121A.56.

11.27 	EFFECTIVE DATE. This section is effective July 1, 2021.

12.1 	Sec. 5. Minnesota Statutes 2018, section 121A.031, subdivision 5, is amended to read:
12.2 		Subd. 5.Safe and supportive schools programming. (a) Districts and schools are 
12.3 	encouraged to provide developmentally appropriate programmatic instruction to help students 
12.4 	identify, prevent, and reduce prohibited conduct; value diversity in school and society; 
12.5 	develop and improve students' knowledge and skills for solving problems, managing conflict, 
12.6 	engaging in civil discourse, and recognizing, responding to, and reporting prohibited conduct; 
12.7 	and make effective prevention and intervention programs available to students. Upon request, 
12.8 	the school safety technical assistance center under section 127A.052 must assist a district 
12.9 	or school in helping students understand social media and cyberbullying. Districts and 
12.10 	schools must establish strategies for creating a positive school climate and use evidence-based 
12.11 	social-emotional learning to prevent and reduce discrimination and other improper conduct.
12.12 	(b) Districts and schools are encouraged to must:
12.13 	(1) engage all students in creating a safe and supportive school environment;
12.14 	(2) partner with parents and other community members to develop and implement 
12.15 	prevention and intervention programs;
12.16 	(3) engage all students and adults in integrating education, intervention, and other 
12.17 	remedial responses into the school environment;
12.18 	(4) train student bystanders to intervene in and report incidents of prohibited conduct to 
12.19 	the school's primary contact person;
12.20 	(5) teach students to advocate for themselves and others;
12.21 	(6) prevent inappropriate referrals to special education of students who may engage in 
12.22 	prohibited conduct; and
12.23 	(7) foster student collaborations that foster a safe and supportive school climate.

12.24 	EFFECTIVE DATE. This section is effective July 1, 2021.

12.25 	Sec. 6. Minnesota Statutes 2018, section 121A.031, subdivision 6, is amended to read:
12.26 		Subd. 6.State model policy. (a) The commissioner, in consultation with the 
12.27 	commissioner of human rights, shall develop and maintain a state model policy. A district 
12.28 	or school that does not adopt and implement a local policy under subdivisions 3 to 5 must 
12.29 	implement and may supplement the provisions of the state model policy. The commissioner 
12.30 	must assist districts and schools under this subdivision to implement the state policy. The 
12.31 	state model policy must:
13.1 	(1) define prohibited conduct, consistent with this section;
13.2 	(2) apply the prohibited conduct policy components in this section;
13.3 	(3) for a child with a disability, whenever an evaluation by an individualized education 
13.4 	program team or a section 504 team indicates that the child's disability affects the child's 
13.5 	social skills development or the child is vulnerable to prohibited conduct because of the 
13.6 	child's disability, the child's individualized education program or section 504 plan may 
13.7 	address the skills and proficiencies the child needs to not engage in and respond to such 
13.8 	conduct; and
13.9 	(4) encourage violence prevention and character development education programs under 
13.10 	section 120B.232, subdivision 1.
13.11 	(b) The commissioner shall develop and post departmental procedures for:
13.12 	(1) periodically reviewing district and school programs and policies for compliance with 
13.13 	this section;
13.14 	(2) investigating, reporting, and responding to noncompliance with this section, which 
13.15 	may include an annual review of plans to improve and provide a safe and supportive school 
13.16 	climate; and
13.17 	(3) allowing students, parents, and educators to file a complaint about noncompliance 
13.18 	with the commissioner.
13.19 	(c) The commissioner must post on the department's website information indicating that 
13.20 	when districts and schools allow non-curriculum-related student groups access to school 
13.21 	facilities, the district or school must give all student groups equal access to the school 
13.22 	facilities regardless of the content of the group members' speech.
13.23 	(d) The commissioner must develop and maintain resources to assist a district or school 
13.24 	in implementing strategies for creating a positive school climate and using evidence-based 
13.25 	social-emotional learning to prevent and reduce discrimination and other improper conduct.
13.26 	(e) The commissioner must develop and adopt state level standards for social, emotional, 
13.27 	and cognitive development.

13.28 	EFFECTIVE DATE. This section is effective July 1, 2021.

14.1 	Sec. 7. Minnesota Statutes 2018, section 121A.41, subdivision 10, is amended to read:
14.2 		Subd. 10.Suspension. (a) "In-school suspension" means an instance in which a pupil 
14.3 	is temporarily removed from the pupil's regular classroom for at least half a day for 
14.4 	disciplinary purposes, but remains under the direct supervision of school personnel.
14.5 	(b) "Direct supervision" means school personnel are physically present in the same 
14.6 	location as the student under supervision.
14.7 	(c) "Out-of-school suspension" means an action by the school administration, under 
14.8 	rules promulgated by the school board, prohibiting a pupil from attending school for a period 
14.9 	of no more than ten school days. If a suspension is longer than five days, the suspending 
14.10 	administrator must provide the superintendent with a reason for the longer suspension. This 
14.11 	definition does not apply to dismissal from school for less than one school day or less, 
14.12 	except as provided in federal law for a student with a disability. Each suspension action 
14.13 	may include a readmission plan. The readmission plan shall include, where appropriate, a 
14.14 	provision for implementing alternative educational services upon readmission and may not 
14.15 	be used to extend the current suspension. Consistent with section 125A.091, subdivision 5, 
14.16 	the readmission plan must not obligate a parent to provide a sympathomimetic medication 
14.17 	for the parent's child as a condition of readmission. The school administration may not 
14.18 	impose consecutive suspensions against the same pupil for the same course of conduct, or 
14.19 	incident of misconduct, except where the pupil will create an immediate and substantial 
14.20 	danger to self or to surrounding persons or property, or where the district is in the process 
14.21 	of initiating an expulsion, in which case the school administration may extend the suspension 
14.22 	to a total of 15 school days.

14.23 	EFFECTIVE DATE. This section is effective July 1, 2021.

14.24 	Sec. 8. Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to 
14.25 	read:
14.26 		Subd. 12.Nonexclusionary disciplinary policies and practices; alternatives to pupil 
14.27 	dismissal. "Nonexclusionary disciplinary policies and practices" means policies and practices 
14.28 	that are alternatives to dismissing a pupil from school. Nonexclusionary disciplinary policies 
14.29 	and practices include but are not limited to evidence-based positive behavior interventions 
14.30 	and supports, social and emotional services, school-linked mental health services, counseling 
14.31 	services, social work services, referrals for special education or 504 evaluations, academic 
14.32 	screening for title one services or reading interventions, and alternative educational services. 
14.33 	Nonexclusionary disciplinary policies and practices require school officials to intervene in, 
14.34 	redirect, and support a pupil's behavior before beginning dismissal proceedings. 
15.1 	Nonexclusionary disciplinary policies and practices also include but are not limited to the 
15.2 	policies and practices under sections 120B.12; 121A.031, subdivision 4, paragraph (a), 
15.3 	clause (1); 121A.575, clauses (1) and (2); 121A.61, subdivision 3, paragraph (q); and 
15.4 	122A.627, clause (3).

15.5 	EFFECTIVE DATE. This section is effective July 1, 2021.

15.6 	Sec. 9. Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to 
15.7 	read:
15.8 		Subd. 13.Pupil withdrawal agreement. "Pupil withdrawal agreement" means a verbal 
15.9 	or written agreement between a school or district administrator and a pupil's parent or 
15.10 	guardian to withdraw a student from the school district to avoid expulsion or exclusion 
15.11 	dismissal proceedings. The duration of the withdrawal agreement cannot be for more than 
15.12 	a 12-month period.

15.13 	EFFECTIVE DATE. This section is effective for the 2021-2022 school year and later.

15.14 	Sec. 10. Minnesota Statutes 2018, section 121A.45, subdivision 1, is amended to read:
15.15 		Subdivision 1.Provision of alternative programs. No school shall dismiss any pupil 
15.16 	without attempting to provide alternative educational services use nonexclusionary 
15.17 	disciplinary policies and practices before dismissal proceedings, except where it appears 
15.18 	that the pupil will create an immediate and substantial danger to self or to surrounding 
15.19 	persons or property.

15.20 	EFFECTIVE DATE. This section is effective for the 2021-2022 school year and later.

15.21 	Sec. 11. Minnesota Statutes 2018, section 121A.46, subdivision 4, is amended to read:
15.22 		Subd. 4.Suspension pending expulsion or exclusion hearing. (a) Notwithstanding 
15.23 	the provisions of subdivisions 1 and 3, the pupil may be suspended pending the school 
15.24 	board's decision in the expulsion or exclusion hearing; provided that alternative educational 
15.25 	services are implemented to the extent that suspension exceeds five days.
15.26 	(b) A school administrator must ensure that alternative educational services are provided 
15.27 	when a pupil is suspended for more than five consecutive school days.

15.28 	EFFECTIVE DATE. This section is effective for the 2021-2022 school year and later.

16.1 	Sec. 12. Minnesota Statutes 2018, section 121A.46, is amended by adding a subdivision 
16.2 	to read:
16.3 		Subd. 5.Minimum education services. A suspended pupil must have the opportunity 
16.4 	to complete all school work assigned during the period of the pupil's suspension and to 
16.5 	receive full credit for satisfactorily completing the assignments. When a class assignment 
16.6 	is modified due to the pupil not being physically present in the classroom setting, the modified 
16.7 	assignment must address the same standards as the original assignment and provide the 
16.8 	pupil with the same amount of credit when completed. A school principal or other person 
16.9 	with administrative control of the school building or program is encouraged to designate a 
16.10 	district or school employee as a liaison to work with the pupil's teacher to allow the suspended 
16.11 	pupil to (1) receive timely course materials and other information, and (2) complete daily 
16.12 	and weekly assignments and receive feedback from the teacher.

16.13 	EFFECTIVE DATE. This section is effective for the 2021-2022 school year and later.

16.14 	Sec. 13. Minnesota Statutes 2018, section 121A.47, subdivision 2, is amended to read:
16.15 		Subd. 2.Written notice. Written notice of intent to take action shall:
16.16 	(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;
16.17 	(b) contain a complete statement of the facts, a list of the witnesses and a description of 
16.18 	their testimony;
16.19 	(c) state the date, time, and place of the hearing;
16.20 	(d) be accompanied by a copy of sections 121A.40 to 121A.56;
16.21 	(e) describe alternative educational services the nonexclusionary disciplinary practices
16.22 	accorded the pupil in an attempt to avoid the expulsion proceedings; and
16.23 	(f) inform the pupil and parent or guardian of the right to:
16.24 	(1) have a representative of the pupil's own choosing, including legal counsel, at the 
16.25 	hearing. The district shall must advise the pupil's parent or guardian that free or low-cost 
16.26 	legal assistance may be available and that a legal assistance resource list is available from 
16.27 	the Department of Education and is posted on the department's website;
16.28 	(2) examine the pupil's records before the hearing;
16.29 	(3) present evidence; and
16.30 	(4) confront and cross-examine witnesses.

16.31 	EFFECTIVE DATE. This section is effective for the 2021-2022 school year and later.

17.1 	Sec. 14. Minnesota Statutes 2018, section 121A.47, subdivision 14, is amended to read:
17.2 		Subd. 14.Admission or readmission plan. (a) A school administrator shall must prepare 
17.3 	and enforce an admission or readmission plan for any pupil who is excluded or expelled 
17.4 	from school. The plan may must include measures to improve the pupil's behavior, including
17.5 	which may include completing a character education program, consistent with section 
17.6 	120B.232, subdivision 1, and social and emotional learning, counseling, social work services, 
17.7 	mental health services, referrals for special education or 504 evaluation, and evidence-based 
17.8 	academic interventions. The plan must require parental involvement in the admission or 
17.9 	readmission process, and may indicate the consequences to the pupil of not improving the 
17.10 	pupil's behavior.
17.11 	(b) The definition of suspension under section 121A.41, subdivision 10, does not apply 
17.12 	to a student's dismissal from school for less than one school day or less, except as provided 
17.13 	under federal law for a student with a disability. Each suspension action may include a 
17.14 	readmission plan. A readmission plan must provide, where appropriate, alternative education 
17.15 	services, which must not be used to extend the student's current suspension period. Consistent 
17.16 	with section 125A.091, subdivision 5, a readmission plan must not obligate a parent or 
17.17 	guardian to provide psychotropic drugs to their student as a condition of readmission. School 
17.18 	officials must not use the refusal of a parent or guardian to consent to the administration of 
17.19 	psychotropic drugs to their student or to consent to a psychiatric evaluation, screening or 
17.20 	examination of the student as a ground, by itself, to prohibit the student from attending class 
17.21 	or participating in a school-related activity, or as a basis of a charge of child abuse, child 
17.22 	neglect or medical or educational neglect.

17.23 	EFFECTIVE DATE. This section is effective for the 2021-2022 school year and later.

17.24 	Sec. 15. Minnesota Statutes 2018, section 121A.53, subdivision 1, is amended to read:
17.25 		Subdivision 1.Exclusions and expulsions; pupil withdrawals and physical 
17.26 	assaults. Consistent with subdivision 2, the school board must report through the department 
17.27 	electronic reporting system each exclusion or expulsion and, each physical assault of a 
17.28 	district employee by a student pupil, and each pupil withdrawal agreement within 30 days 
17.29 	of the effective date of the dismissal action, pupil withdrawal, or assault to the commissioner 
17.30 	of education. This report must include a statement of alternative educational services
17.31 	nonexclusionary disciplinary practices, or other sanction, intervention, or resolution in 
17.32 	response to the assault given the pupil and the reason for, the effective date, and the duration 
17.33 	of the exclusion or expulsion or other sanction, intervention, or resolution. The report must 
17.34 	also include the student's pupil's age, grade, gender, race, and special education status.

18.1 	EFFECTIVE DATE. This section is effective for the 2021-2022 school year and later.

18.2 	Sec. 16. Minnesota Statutes 2018, section 121A.55, is amended to read:
18.3 	121A.55 POLICIES TO BE ESTABLISHED.
18.4 	(a) The commissioner of education shall promulgate guidelines to assist each school 
18.5 	board. Each school board shall must establish uniform criteria for dismissal and adopt written 
18.6 	policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies 
18.7 	shall must include nonexclusionary disciplinary policies and practices consistent with section 
18.8 	121A.41, subdivision 12, and must emphasize preventing dismissals through early detection 
18.9 	of problems and shall. The policies must be designed to address students' inappropriate 
18.10 	behavior from recurring.
18.11 	(b) The policies shall must recognize the continuing responsibility of the school for the 
18.12 	education of the pupil during the dismissal period.
18.13 	(c) The school is responsible for ensuring that the alternative educational services, if the 
18.14 	pupil wishes to take advantage of them, provided to the pupil must be adequate to allow the 
18.15 	pupil to make progress towards toward meeting the graduation standards adopted under 
18.16 	section 120B.02 and help prepare the pupil for readmission, and is in accordance with section 
18.17 	121A.46, subdivision 5.
18.18 	(d) For an expulsion, exclusion, or pupil withdrawal agreement as defined in section 
18.19 	121A.41, subdivision 13:
18.20 	(1) the school district must review the pupil's school work and grades on a quarterly 
18.21 	basis to ensure the pupil is making progress toward readmission. A school district must 
18.22 	communicate on a regular basis with the pupil's parent or guardian to ensure the pupil is 
18.23 	completing the work assigned through the alternative educational services. If the pupil 
18.24 	enrolls and is admitted into a new school district during the dismissal period, this obligation 
18.25 	ends;
18.26 	(2) if school-based mental health services are provided in the district under section 
18.27 	245.4889, a pupil remains eligible for those services until the pupil is enrolled in a new 
18.28 	district; and
18.29 	(3) the district must provide to the pupil's parent or guardian a list of mental health and 
18.30 	counseling services available to the pupil. The list must also be posted on the district or 
18.31 	charter school website.
19.1 	(b) (e) An area learning center under section 123A.05 may not prohibit an expelled or 
19.2 	excluded pupil from enrolling solely because a district expelled or excluded the pupil. The 
19.3 	board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to 
19.4 	exclude a pupil or to require an admission plan.
19.5 	(c) (f) Each school district shall develop a policy and report it to the commissioner on 
19.6 	the appropriate use of peace officers and crisis teams to remove students who have an 
19.7 	individualized education program from school grounds.

19.8 	EFFECTIVE DATE. This section is effective for the 2021-2022 school year and later.

19.9 	Sec. 17. [124D.792] GRADUATION CEREMONIES; TRIBAL REGALIA AND 
19.10 	OBJECTS OF CULTURAL SIGNIFICANCE.
19.11 	A school district or charter school must not prohibit an American Indian student from 
19.12 	wearing American Indian regalia, tribal regalia, or objects of cultural significance at a 
19.13 	graduation ceremony.

19.14 	EFFECTIVE DATE. This section is effective the day following final enactment.

19.15 	ARTICLE 3
19.16 	TEACHERS

19.17 	Section 1. [120B.117] INCREASING PERCENTAGE OF TEACHERS OF COLOR 
19.18 	AND AMERICAN INDIAN TEACHERS IN MINNESOTA.
19.19 		Subdivision 1.Purpose. This section sets short-term and long-term state goals for 
19.20 	increasing the percentage of teachers of color and American Indian teachers in Minnesota 
19.21 	and for ensuring all students have equitable access to effective and racially and ethnically 
19.22 	diverse teachers who reflect the diversity of students. The goals and report required under 
19.23 	this section are also important for meeting state goals for the world's best workforce under 
19.24 	section 120B.11, achievement and integration under section 124D.861, and higher education 
19.25 	attainment under section 135A.012, all of which have been established to close persistent 
19.26 	opportunity and achievement gaps that limit students' success in school and life and impede 
19.27 	the state's economic growth.
19.28 		Subd. 2.Equitable access to racially and ethnically diverse teachers. The percentage 
19.29 	of teachers who are of color or American Indian in Minnesota should increase at least two 
19.30 	percentage points per year to have a teaching workforce that more closely reflects the state's 
19.31 	increasingly diverse student population and to ensure all students have equitable access to 
19.32 	effective and diverse teachers by 2040.
20.1 		Subd. 3.Rights not created. The attainment goal in this section is not to the exclusion 
20.2 	of any other goals and does not confer a right or create a claim for any person.
20.3 		Subd. 4.Reporting. Beginning in 2020 and every even-numbered year thereafter, the 
20.4 	Professional Educator Licensing and Standards Board must collaborate with the Department 
20.5 	of Education and the Office of Higher Education to publish a summary report of each of 
20.6 	the programs they administer and any other programs receiving state appropriations that 
20.7 	have or include an explicit purpose of increasing the racial and ethnic diversity of the state's 
20.8 	teacher workforce to more closely reflect the diversity of students. The report must include 
20.9 	programs under sections 122A.2451, 122A.63, 122A.635, 122A.70, 124D.09, 124D.861, 
20.10 	136A.1275, and 136A.1791, along with any other programs or initiatives that receive state 
20.11 	appropriations to address the shortage of teachers of color and American Indian teachers. 
20.12 	The board must, in coordination with the Office of Higher Education and Department of 
20.13 	Education, provide policy and funding recommendations related to state-funded programs 
20.14 	to increase the recruitment, preparation, licensing, hiring, and retention of racially and 
20.15 	ethnically diverse teachers and the state's progress toward meeting or exceeding the goals 
20.16 	of this section. The report must also include recommendations for state policy and funding 
20.17 	needed to achieve the goals of this section, as well as plans for sharing the report and 
20.18 	activities of grant recipients, and opportunities among grant recipients of various programs 
20.19 	to share effective practices with each other. The 2020 report must include a recommendation 
20.20 	of whether a state advisory council should be established to address the shortage of racially 
20.21 	and ethnically diverse teachers and what the composition and charge of such an advisory 
20.22 	council would be if established. The board must consult with the state Indian Affairs Council 
20.23 	and other ethnic councils along with other community and stakeholder groups, including 
20.24 	students of color and American Indian students, in developing the report. By November 1 
20.25 	of each even-numbered year, the board must submit the report to the chairs and ranking 
20.26 	minority members of the legislative committees with jurisdiction over education and higher 
20.27 	education policy and finance. The report must be available to the public on the board's 
20.28 	website.

20.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

20.30 	Sec. 2. Minnesota Statutes 2018, section 122A.40, subdivision 8, is amended to read:
20.31 		Subd. 8.Development, evaluation, and peer coaching for continuing contract 
20.32 	teachers. (a) To improve student learning and success, a school board and an exclusive 
20.33 	representative of the teachers in the district, consistent with paragraph (b), may develop a 
20.34 	teacher evaluation and peer review process for probationary and continuing contract teachers 
21.1 	through joint agreement. If a school board and the exclusive representative of the teachers 
21.2 	do not agree to an annual teacher evaluation and peer review process, then the school board 
21.3 	and the exclusive representative of the teachers must implement the state teacher evaluation 
21.4 	plan under paragraph (c). The process must include having trained observers serve as peer 
21.5 	coaches or having teachers participate in professional learning communities, consistent with 
21.6 	paragraph (b).
21.7 	(b) To develop, improve, and support qualified teachers and effective teaching practices, 
21.8 	improve student learning and success, and provide all enrolled students in a district or school 
21.9 	with improved and equitable access to more effective and diverse teachers, the annual 
21.10 	evaluation process for teachers:
21.11 	(1) must, for probationary teachers, provide for all evaluations required under subdivision 
21.12 	5;
21.13 	(2) must establish a three-year professional review cycle for each teacher that includes 
21.14 	an individual growth and development plan, a peer review process, and at least one 
21.15 	summative evaluation performed by a qualified and trained evaluator such as a school 
21.16 	administrator. For the years when a tenured teacher is not evaluated by a qualified and 
21.17 	trained evaluator, the teacher must be evaluated by a peer review;
21.18 	(3) must be based on professional teaching standards established in rule create, adopt, 
21.19 	or revise a rubric of performance standards for teacher practice that must include culturally 
21.20 	responsive methodologies and at least three levels of performance to determine common 
21.21 	descriptions of effectiveness;
21.22 	(4) must coordinate staff development activities under sections 122A.60 and 122A.61 
21.23 	with this evaluation process and teachers' evaluation outcomes;
21.24 	(5) may provide time during the school day and school year for peer coaching and teacher 
21.25 	collaboration;
21.26 	(6) may include job-embedded learning opportunities such as professional learning 
21.27 	communities;
21.28 	(7) may include mentoring and induction programs for teachers, including teachers who 
21.29 	are members of populations underrepresented among the licensed teachers in the district or 
21.30 	school and who reflect the diversity of students under section 120B.35, subdivision 3, 
21.31 	paragraph (b), clause (2), who are enrolled in the district or school;
21.32 	(8) must include an option for teachers to develop and present a portfolio demonstrating 
21.33 	evidence of reflection and professional growth, consistent with section 122A.187, subdivision 
22.1 	3, and include teachers' own performance assessment based on student work samples and 
22.2 	examples of teachers' work, which may include video among other activities for the 
22.3 	summative evaluation;
22.4 	(9) must use data from valid and reliable assessments aligned to state and local academic 
22.5 	standards and must use state and local measures of student growth and literacy that may 
22.6 	include value-added models or student learning goals to determine 35 percent of teacher 
22.7 	evaluation results;
22.8 	(10) must use longitudinal data on student engagement and connection, and other student 
22.9 	outcome measures explicitly aligned with the elements of curriculum for which teachers 
22.10 	are responsible, including academic literacy, oral academic language, and achievement of 
22.11 	content areas of English learners;
22.12 	(11) must require qualified and trained evaluators such as school administrators to 
22.13 	perform summative evaluations and ensure school districts and charter schools provide for 
22.14 	effective evaluator training specific to teacher development and evaluation;
22.15 	(12) must give teachers not meeting professional teaching standards under clauses (3) 
22.16 	through (11) support to improve through a teacher improvement process that includes 
22.17 	established goals and timelines; and
22.18 	(13) must discipline a teacher for not making adequate progress in the teacher 
22.19 	improvement process under clause (12) that may include a last chance warning, termination, 
22.20 	discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline 
22.21 	a school administrator determines is appropriate.
22.22 	Data on individual teachers generated under this subdivision are personnel data under 
22.23 	section 13.43. The observation and interview notes of peer coaches may only be disclosed 
22.24 	to other school officials with the consent of the teacher being coached.
22.25 	(c) The department, in consultation with parents who may represent parent organizations 
22.26 	and teacher and administrator representatives appointed by their respective organizations, 
22.27 	representing the Professional Educator Licensing and Standards Board, the Minnesota 
22.28 	Association of School Administrators, the Minnesota School Boards Association, the 
22.29 	Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and 
22.30 	representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, 
22.31 	the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with 
22.32 	research expertise in teacher evaluation, must create and publish a teacher evaluation process 
22.33 	that complies with the requirements in paragraph (b) and applies to all teachers under this 
22.34 	section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual 
23.1 	teacher evaluation and peer review process. The teacher evaluation process created under 
23.2 	this subdivision does not create additional due process rights for probationary teachers under 
23.3 	subdivision 5.
23.4 	(d) Consistent with the measures of teacher effectiveness under this subdivision:
23.5 	(1) for students in kindergarten through grade 4, a school administrator must not place 
23.6 	or approve the placement of a student in the classroom of a teacher who is in the improvement 
23.7 	process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, 
23.8 	in the prior year, that student was in the classroom of a teacher who received discipline 
23.9 	pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that 
23.10 	grade; and
23.11 	(2) for students in grades 5 through 12, a school administrator must not place or approve 
23.12 	the placement of a student in the classroom of a teacher who is in the improvement process 
23.13 	referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the 
23.14 	prior year, that student was in the classroom of a teacher who received discipline pursuant 
23.15 	to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area 
23.16 	and grade.
23.17 	All data created and used under this paragraph retains its classification under chapter 13.

23.18 	EFFECTIVE DATE. This section is effective July 1, 2022.

23.19 	Sec. 3. Minnesota Statutes 2018, section 122A.41, subdivision 5, is amended to read:
23.20 		Subd. 5.Development, evaluation, and peer coaching for continuing contract 
23.21 	teachers. (a) To improve student learning and success, a school board and an exclusive 
23.22 	representative of the teachers in the district, consistent with paragraph (b), may develop an 
23.23 	annual teacher evaluation and peer review process for probationary and nonprobationary 
23.24 	teachers through joint agreement. If a school board and the exclusive representative of the 
23.25 	teachers in the district do not agree to an annual teacher evaluation and peer review process, 
23.26 	then the school board and the exclusive representative of the teachers must implement the 
23.27 	state teacher evaluation plan developed under paragraph (c). The process must include 
23.28 	having trained observers serve as peer coaches or having teachers participate in professional 
23.29 	learning communities, consistent with paragraph (b).
23.30 	(b) To develop, improve, and support qualified teachers and effective teaching practices 
23.31 	and improve student learning and success, and provide all enrolled students in a district or 
23.32 	school with improved and equitable access to more effective and diverse teachers, the annual 
23.33 	evaluation process for teachers:
24.1 	(1) must, for probationary teachers, provide for all evaluations required under subdivision 
24.2 	2;
24.3 	(2) must establish a three-year professional review cycle for each teacher that includes 
24.4 	an individual growth and development plan, a peer review process, and at least one 
24.5 	summative evaluation performed by a qualified and trained evaluator such as a school 
24.6 	administrator;
24.7 	(3) must be based on professional teaching standards established in rule create, adopt, 
24.8 	or revise a rubric of performance standards for teacher practice that must include culturally 
24.9 	responsive methodologies and at least three levels of performance to determine common 
24.10 	descriptions of effectiveness;
24.11 	(4) must coordinate staff development activities under sections 122A.60 and 122A.61 
24.12 	with this evaluation process and teachers' evaluation outcomes;
24.13 	(5) may provide time during the school day and school year for peer coaching and teacher 
24.14 	collaboration;
24.15 	(6) may include job-embedded learning opportunities such as professional learning 
24.16 	communities;
24.17 	(7) may include mentoring and induction programs for teachers, including teachers who 
24.18 	are members of populations underrepresented among the licensed teachers in the district or 
24.19 	school and who reflect the diversity of students under section 120B.35, subdivision 3, 
24.20 	paragraph (b), clause (2), who are enrolled in the district or school;
24.21 	(8) must include an option for teachers to develop and present a portfolio demonstrating 
24.22 	evidence of reflection and professional growth, consistent with section 122A.187, subdivision 
24.23 	3, and include teachers' own performance assessment based on student work samples and 
24.24 	examples of teachers' work, which may include video among other activities for the 
24.25 	summative evaluation;
24.26 	(9) must use data from valid and reliable assessments aligned to state and local academic 
24.27 	standards and must use state and local measures of student growth and literacy that may 
24.28 	include value-added models or student learning goals to determine 35 percent of teacher 
24.29 	evaluation results;
24.30 	(10) must use longitudinal data on student engagement and connection and other student 
24.31 	outcome measures explicitly aligned with the elements of curriculum for which teachers 
24.32 	are responsible, including academic literacy, oral academic language, and achievement of 
24.33 	English learners;
25.1 	(11) must require qualified and trained evaluators such as school administrators to 
25.2 	perform summative evaluations and ensure school districts and charter schools provide for 
25.3 	effective evaluator training specific to teacher development and evaluation;
25.4 	(12) must give teachers not meeting professional teaching standards under clauses (3) 
25.5 	through (11) support to improve through a teacher improvement process that includes 
25.6 	established goals and timelines; and
25.7 	(13) must discipline a teacher for not making adequate progress in the teacher 
25.8 	improvement process under clause (12) that may include a last chance warning, termination, 
25.9 	discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline 
25.10 	a school administrator determines is appropriate.
25.11 	Data on individual teachers generated under this subdivision are personnel data under 
25.12 	section 13.43. The observation and interview notes of peer coaches may only be disclosed 
25.13 	to other school officials with the consent of the teacher being coached.
25.14 	(c) The department, in consultation with parents who may represent parent organizations 
25.15 	and teacher and administrator representatives appointed by their respective organizations, 
25.16 	representing the Professional Educator Licensing and Standards Board, the Minnesota 
25.17 	Association of School Administrators, the Minnesota School Boards Association, the 
25.18 	Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and 
25.19 	representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, 
25.20 	the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with 
25.21 	research expertise in teacher evaluation, must create and publish a teacher evaluation process 
25.22 	that complies with the requirements in paragraph (b) and applies to all teachers under this 
25.23 	section and section 122A.40 for whom no agreement exists under paragraph (a) for an annual 
25.24 	teacher evaluation and peer review process. The teacher evaluation process created under 
25.25 	this subdivision does not create additional due process rights for probationary teachers under 
25.26 	subdivision 2.
25.27 	(d) Consistent with the measures of teacher effectiveness under this subdivision:
25.28 	(1) for students in kindergarten through grade 4, a school administrator must not place 
25.29 	or approve the placement of a student in the classroom of a teacher who is in the improvement 
25.30 	process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, 
25.31 	in the prior year, that student was in the classroom of a teacher who received discipline 
25.32 	pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that 
25.33 	grade; and
26.1 	(2) for students in grades 5 through 12, a school administrator must not place or approve 
26.2 	the placement of a student in the classroom of a teacher who is in the improvement process 
26.3 	referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the 
26.4 	prior year, that student was in the classroom of a teacher who received discipline pursuant 
26.5 	to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area 
26.6 	and grade.
26.7 	All data created and used under this paragraph retains its classification under chapter 13.

26.8 	EFFECTIVE DATE. This section is effective July 1, 2022.

26.9 	ARTICLE 4
26.10 	DEPARTMENT OF EDUCATION HOUSEKEEPING

26.11 	Section 1. Minnesota Statutes 2018, section 124D.74, subdivision 1, is amended to read:
26.12 		Subdivision 1.Program described. American Indian education programs are programs 
26.13 	in public elementary and secondary schools, nonsectarian nonpublic, community, tribal, 
26.14 	charter, or alternative schools enrolling American Indian children designed to:
26.15 	(1) support postsecondary preparation for American Indian pupils;
26.16 	(2) support the academic achievement of American Indian students pupils;
26.17 	(3) make the curriculum relevant to the needs, interests, and cultural heritage of American 
26.18 	Indian pupils;
26.19 	(4) provide positive reinforcement of the self-image of American Indian pupils;
26.20 	(5) develop intercultural awareness among pupils, parents, and staff; and
26.21 	(6) supplement, not supplant, state and federal educational and cocurricular programs.
26.22 	Program services designed to increase completion and graduation rates of American Indian 
26.23 	students pupils must emphasize academic achievement, retention, and attendance; 
26.24 	development of support services for staff, including in-service training and technical 
26.25 	assistance in methods of teaching American Indian pupils; research projects, including 
26.26 	innovative teaching approaches and evaluation of methods of relating to American Indian 
26.27 	pupils; provision of career counseling to American Indian pupils; modification of curriculum, 
26.28 	instructional methods, and administrative procedures to meet the needs of American Indian 
26.29 	pupils; and supplemental instruction in American Indian language, literature, history, and 
26.30 	culture. Districts offering programs may make contracts for the provision of program services 
26.31 	by establishing cooperative liaisons with tribal programs and American Indian social service 
27.1 	agencies. These programs may also be provided as components of early childhood and 
27.2 	family education programs.

27.3 	EFFECTIVE DATE. This section is effective July 1, 2021.

27.4 	Sec. 2. Minnesota Statutes 2018, section 124D.78, subdivision 1, is amended to read:
27.5 		Subdivision 1.Parent committee. (a) School boards and American Indian schools must 
27.6 	provide for the maximum involvement of parents of children enrolled in education programs, 
27.7 	programs for elementary and secondary grades, special education programs, and support 
27.8 	services. Accordingly, the board of a school district in which there are ten or more American 
27.9 	Indian students enrolled and each American Indian school must establish an American 
27.10 	Indian education parent advisory committee.
27.11 	(b) For purposes of this section, American Indian students are defined as persons having 
27.12 	origins in any of the original peoples of North America who maintain cultural identification 
27.13 	through tribal affiliation or community recognition.
27.14 	(c) If a committee whose membership consists of a majority of parents of American 
27.15 	Indian children has been or is established according to federal, tribal, or other state law, that 
27.16 	committee may serve as the committee required by this section and is subject to, at least, 
27.17 	the requirements of this subdivision and subdivision 2.
27.18 	(d) The American Indian education parent advisory committee must develop its 
27.19 	recommendations in consultation with the curriculum advisory committee required by 
27.20 	section 120B.11, subdivision 3. This committee must afford parents the necessary information 
27.21 	and the opportunity effectively to express their views concerning all aspects of American 
27.22 	Indian education and the educational needs of the American Indian children enrolled in the 
27.23 	school or program. The school board or American Indian school must ensure that programs 
27.24 	are planned, operated, and evaluated with the involvement of and in consultation with parents 
27.25 	of American Indian students served by the programs as evidenced by American Indian 
27.26 	education parent advisory committee meeting minutes.

27.27 	EFFECTIVE DATE. This section is effective July 1, 2021.

27.28 	Sec. 3. Minnesota Statutes 2018, section 124D.78, subdivision 3, is amended to read:
27.29 		Subd. 3.Membership. The American Indian education parent advisory committee must 
27.30 	be composed of parents of children eligible to be enrolled in American Indian education 
27.31 	programs; secondary students eligible to be served; American Indian language and culture 
27.32 	education teachers and paraprofessionals; American Indian teachers; counselors; adult 
28.1 	American Indian people enrolled in educational programs; and representatives from 
28.2 	community groups. A majority of each committee must be parents of American Indian 
28.3 	children enrolled or eligible to be enrolled in the programs. The number of parents of 
28.4 	American Indian and non-American Indian children shall reflect approximately the proportion 
28.5 	of children of those groups enrolled in the programs.

28.6 	EFFECTIVE DATE. This section is effective July 1, 2021.

28.7 	Sec. 4. Minnesota Statutes 2018, section 124D.79, subdivision 2, is amended to read:
28.8 		Subd. 2.Technical assistance. The commissioner shall must provide technical assistance, 
28.9 	which must include an annual report of American Indian student data using the state count,
28.10 	to districts, schools and postsecondary institutions for preservice and in-service training for 
28.11 	teachers, American Indian education teachers and paraprofessionals specifically designed 
28.12 	to implement culturally responsive teaching methods, culturally based curriculum 
28.13 	development, testing and testing mechanisms, and the development of materials for American 
28.14 	Indian education programs.

28.15 	EFFECTIVE DATE. This section is effective the day following final enactment.

28.16 	Sec. 5. Minnesota Statutes 2018, section 124D.81, subdivision 1, is amended to read:
28.17 		Subdivision 1. Procedures. A school district, charter school, or American 
28.18 	Indian-controlled tribal contract or grant school enrolling at least 20 American Indian 
28.19 	students identified by the state count on October 1 of the previous school year and operating 
28.20 	an American Indian education program according to section 124D.74 is eligible for Indian 
28.21 	education aid if it meets the requirements of this section. Programs may provide for contracts 
28.22 	for the provision of program components by nonsectarian nonpublic, community, tribal, 
28.23 	charter, or alternative schools. The commissioner shall prescribe the form and manner of 
28.24 	application for aids, and no aid shall be made for a program not complying with the 
28.25 	requirements of sections 124D.71 to 124D.82.

28.26 	EFFECTIVE DATE. This section is effective the day following final enactment.

29.1 	ARTICLE 5
29.2 	NUTRITION

29.3 	Section 1. Minnesota Statutes 2018, section 124D.111, is amended to read:
29.4 	124D.111 SCHOOL MEAL POLICY; LUNCH AID; FOOD SERVICE 
29.5 	ACCOUNTING.
29.6 		Subdivision 1.School lunch aid computation meal policy. (a) Each Minnesota 
29.7 	participant in the national school lunch program must adopt and post to its website, or the 
29.8 	website of the organization where the meal is served, a school meal policy. The policy must:
29.9 	(1) be in writing, accessible in multiple languages, and clearly communicate student 
29.10 	meal charges when payment cannot be collected at the point of service;
29.11 	(2) be reasonable and well-defined and maintain the dignity of students by prohibiting 
29.12 	lunch shaming or otherwise ostracizing the student;
29.13 	(3) address whether the participant uses a collections agency to collect unpaid school 
29.14 	meal debt;
29.15 	(4) require any communication to collect unpaid school meal debt be done by school 
29.16 	staff trained on the school district's policy on collecting student meal debt;
29.17 	(5) require that all communication relating to school meal debt be delivered only to a 
29.18 	student's parent or guardian and not directly to the student;
29.19 	(6) ensure that once a participant has placed a meal on a tray or otherwise served the 
29.20 	meal to a student, the meal may not be subsequently withdrawn from the student by the 
29.21 	cashier or other school official, because the student has outstanding meal debt;
29.22 	(7) ensure that a student who has been determined eligible for free and reduced-price 
29.23 	lunch must always be served a reimbursable meal even if the student has outstanding debt;
29.24 	(8) provide the vendor with its school meal policy if the school contracts with a third 
29.25 	party for its meal services; and
29.26 	(9) require school nutrition staff be trained on the policy.
29.27 	(b) Any contract between a school and a third-party provider of meal services entered 
29.28 	into or modified on or after July 1, 2020, must ensure that the third-party provider adheres 
29.29 	to the participant's school meal policy.
30.1 		Subd. 1a.School lunch aid amounts. Each school year, the state must pay participants 
30.2 	in the national school lunch program the amount of 12.5 cents for each full paid and free 
30.3 	student lunch and 52.5 cents for each reduced-price lunch served to students.
30.4 		Subd. 2.Application. A school district, charter school, nonpublic school, or other 
30.5 	participant in the national school lunch program shall apply to the department for this 
30.6 	payment on forms provided by the department.
30.7 		Subd. 2a.Federal child and adult care food program; criteria and notice. The 
30.8 	commissioner must post on the department's website eligibility criteria and application 
30.9 	information for nonprofit organizations interested in applying to the commissioner for 
30.10 	approval as a multisite sponsoring organization under the federal child and adult care food 
30.11 	program. The posted criteria and information must inform interested nonprofit organizations 
30.12 	about:
30.13 	(1) the criteria the commissioner uses to approve or disapprove an application, including 
30.14 	how an applicant demonstrates financial viability for the Minnesota program, among other 
30.15 	criteria;
30.16 	(2) the commissioner's process and time line for notifying an applicant when its 
30.17 	application is approved or disapproved and, if the application is disapproved, the explanation 
30.18 	the commissioner provides to the applicant; and
30.19 	(3) any appeal or other recourse available to a disapproved applicant.
30.20 		Subd. 3.School food service fund. (a) The expenses described in this subdivision must 
30.21 	be recorded as provided in this subdivision.
30.22 	(b) In each district, the expenses for a school food service program for pupils must be 
30.23 	attributed to a school food service fund. Under a food service program, the school food 
30.24 	service may prepare or serve milk, meals, or snacks in connection with school or community 
30.25 	service activities.
30.26 	(c) Revenues and expenditures for food service activities must be recorded in the food 
30.27 	service fund. The costs of processing applications, accounting for meals, preparing and 
30.28 	serving food, providing kitchen custodial services, and other expenses involving the preparing 
30.29 	of meals or the kitchen section of the lunchroom may be charged to the food service fund 
30.30 	or to the general fund of the district. The costs of lunchroom supervision, lunchroom custodial 
30.31 	services, lunchroom utilities, and other administrative costs of the food service program 
30.32 	must be charged to the general fund.
31.1 	That portion of superintendent and fiscal manager costs that can be documented as 
31.2 	attributable to the food service program may be charged to the food service fund provided 
31.3 	that the school district does not employ or contract with a food service director or other 
31.4 	individual who manages the food service program, or food service management company. 
31.5 	If the cost of the superintendent or fiscal manager is charged to the food service fund, the 
31.6 	charge must be at a wage rate not to exceed the statewide average for food service directors 
31.7 	as determined by the department.
31.8 	(d) Capital expenditures for the purchase of food service equipment must be made from 
31.9 	the general fund and not the food service fund, unless the restricted balance in the food 
31.10 	service fund at the end of the last fiscal year is greater than the cost of the equipment to be 
31.11 	purchased.
31.12 	(e) If the condition set out in paragraph (d) applies, the equipment may be purchased 
31.13 	from the food service fund.
31.14 	(f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit 
31.15 	is not eliminated by revenues from food service operations in the next fiscal year, then the 
31.16 	deficit must be eliminated by a permanent fund transfer from the general fund at the end of 
31.17 	that second fiscal year. However, if a district contracts with a food service management 
31.18 	company during the period in which the deficit has accrued, the deficit must be eliminated 
31.19 	by a payment from the food service management company.
31.20 	(g) Notwithstanding paragraph (f), a district may incur a deficit in the food service fund 
31.21 	for up to three years without making the permanent transfer if the district submits to the 
31.22 	commissioner by January 1 of the second fiscal year a plan for eliminating that deficit at 
31.23 	the end of the third fiscal year.
31.24 	(h) If a surplus in the food service fund exists at the end of a fiscal year for three 
31.25 	successive years, a district may recode for that fiscal year the costs of lunchroom supervision, 
31.26 	lunchroom custodial services, lunchroom utilities, and other administrative costs of the food 
31.27 	service program charged to the general fund according to paragraph (c) and charge those 
31.28 	costs to the food service fund in a total amount not to exceed the amount of surplus in the 
31.29 	food service fund.
31.30 		Subd. 4.No fees. A participant that receives school lunch aid under this section must 
31.31 	make lunch available without charge and must not deny a school lunch to all participating 
31.32 	students who qualify for free or reduced-price meals, whether or not that student has an 
31.33 	outstanding balance in the student's meal account attributable to a la carte purchases or for 
31.34 	any other reason.
32.1 		Subd. 5.Respectful treatment. (a) The participant must also provide meals to students 
32.2 	in a respectful manner according to the policy adopted under subdivision 1. The participant 
32.3 	must ensure that any reminders for payment of outstanding student meal balances debt do 
32.4 	not intentionally demean or, stigmatize, or humiliate any child participating in the school 
32.5 	lunch program. The participant must not impose any other restriction prohibited under 
32.6 	section 123B.37 due to unpaid student meal debt. The participant must not limit a student's 
32.7 	participation in any school activities, graduation ceremonies, field trips, athletics, activity 
32.8 	clubs, or other extracurricular activities or access to materials, technology, or other items 
32.9 	provided to students due to an unpaid student meal debt.
32.10 	(b) If the commissioner or the commissioner's designee determines a participant has 
32.11 	violated the requirement to provide meals to participating students in a respectful manner, 
32.12 	the commissioner or the commissioner's designee must send a letter of noncompliance to 
32.13 	the participant. The participant is required to respond and, if applicable, remedy the practice 
32.14 	within 60 days.
32.15 		Subd. 6.Definitions. (a) For the purposes of this section, the terms defined in this 
32.16 	subdivision have the meanings given.
32.17 	(b) "A la carte" means a food item ordered separately from the school meal.
32.18 	(c) "School meal" means a meal provided to students during the school day.

32.19 	EFFECTIVE DATE. This section is effective the day following final enactment.