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HF 15

as introduced - 91st Legislature, 2020 6th Special Session (2020 - 2020) Posted on 11/17/2020 10:28am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; authorizing school boards to establish and operate a safe
learning plan for the 2020-2021 school year; establishing a parent-based distance
learning program for the 2020-2021 school year; modifying the school calendar
for the 2020-2021 school year; extending school district fund transfer flexibility;
defining distance learning; requiring a report; amending Minnesota Statutes 2020,
section 126C.05, subdivision 1; Laws 2020, chapter 116, article 3, section 8;
proposing coding for new law in Minnesota Statutes, chapter 120A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [120A.412] SAFE LEARNING PLAN; DISTANCE INSTRUCTION;
SCHOOL BOARD AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Distance instruction" means remote teaching where students have daily interactions
with their licensed teacher or teachers and are provided appropriate education materials.
Daily interaction with teachers includes access to teachers online and by telephone during
normal school hours and on normal school days. Distance instruction includes instruction
online as determined by the school board and may reflect the model developed by the
commissioner of education for the 2019-2020 school year.
new text end

new text begin (c) "Hybrid instruction" means a manner of instruction that includes both on-site
instruction as well as distance instruction. A school board may determine the hours of, and
schedule for, the on-site instruction component of a hybrid instruction model.
new text end

new text begin (d) "On-site instruction" means instruction delivered at a school facility. To the extent
practicable, on-site instruction must comply with all COVID-19 prevention guidelines issued
by the Department of Health. If a school chooses to offer on-site instruction, a parent may
choose to keep their child at home and have their child participate in distance instruction
or the parent may provide instruction under section 5.
new text end

new text begin (e) "Safe learning plan" means a written instructional plan adopted by the school board.
Notwithstanding chapter 12, any emergency executive orders of the governor, or guidance
issued by the commissioner of education, upon adoption of a written resolution of the school
board, a school district or charter school may offer instruction for enrolled students for the
2020-2021 school year in a manner determined by the school board. The board may choose
to provide distance instruction, on-site instruction, or hybrid instruction.
new text end

new text begin Subd. 2. new text end

new text begin Safe learning plan. new text end

new text begin (a) A school board must consider the elements of the
Department of Health's Safe Learning Plan when establishing its safe learning plan.
new text end

new text begin (b) A school board may amend its safe learning plan and change its model of instruction
throughout the 2020-2021 school year.
new text end

new text begin Subd. 3. new text end

new text begin Student safety. new text end

new text begin At any time during the school year, a student's family may
choose to have the student participate in distance instruction for the remainder of the school
semester. Each school district and charter school must offer a distance instruction model
that meets the educational needs of all students of families who choose not to receive on-site
or hybrid instruction.
new text end

new text begin Subd. 4. new text end

new text begin Individualized education program. new text end

new text begin Regardless of whether a school district
or charter school is using distance instruction, on-site instruction, or hybrid instruction, a
school district or charter school must consult with a student's parent before proposing any
changes to the student's individualized education program.
new text end

new text begin Subd. 5. new text end

new text begin Staff safety. new text end

new text begin A school district or charter school must accommodate and modify
the work environment to the extent practicable of any school employee whose health is at
higher risk, or whose family's health may be at higher risk, from potential exposure to
COVID-19. In consultation with the Departments of Education and Health, the school board
may establish categories of employees and employees' families who may be at higher risk
from potential exposure to COVID-19.
new text end

new text begin Subd. 6. new text end

new text begin Minnesota Comprehensive Assessments. new text end

new text begin Notwithstanding any law to the
contrary, the Minnesota Department of Education must develop a plan to administer the
Minnesota Comprehensive Assessments under section 120B.30 to students during the spring
of 2021 regardless of whether students are participating in distance instruction, on-site
instruction, or hybrid instruction.
new text end

new text begin Subd. 7. new text end

new text begin Online instruction. new text end

new text begin Notwithstanding section 124D.095 or any other law to the
contrary, a school district or charter school may use any online learning platform for the
2020-2021 school year.
new text end

new text begin Subd. 8. new text end

new text begin Reporting. new text end

new text begin (a) A school district or charter school must post its safe learning
plan to its website. The safe learning plan website must include a method for students, their
families, and school employees to comment on the school's safe learning plan. A school
district or charter school must report its safe learning plan and any amendments to that plan
to the commissioner of education in the form and manner specified by the commissioner.
new text end

new text begin (b) The Department of Education must require each school district and charter school
to report each student's hours of instruction in a manner that shows the hours of instruction
through distance instruction, on-site instruction, and hybrid instruction.
new text end

new text begin Subd. 9. new text end

new text begin Department of Education assistance. new text end

new text begin Upon request of the school board, the
Department of Education, in consultation with the Department of Health, must provide
assistance to schools to implement their safe learning plans. The assistance may include
recommendations to strengthen services to students disproportionately affected by distance
instruction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 126C.05, subdivision 1, is amended to read:


Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the age
of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c), in
average daily membership enrolled in the district of residence, in another district under
sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under
chapter 124E; or for whom the resident district pays tuition under section 123A.18, 123A.22,
123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04, 124D.05, 125A.03
to 125A.24, 125A.51, or 125A.65, shall be counted according to this subdivision.new text begin For the
2020-2021 school year only, average daily membership and pupil units computed under
this section include any student participating in on-site instruction, hybrid instruction,
distance instruction, and a distance learning parent-based program under section 5.
new text end

(a) A prekindergarten pupil with a disability who is enrolled in a program approved by
the commissioner and has an individualized education program is counted as the ratio of
the number of hours of assessment and education service to 825 times 1.0 with a minimum
average daily membership of 0.28, but not more than 1.0 pupil unit.

(b) A prekindergarten pupil who is assessed but determined not to be disabled is counted
as the ratio of the number of hours of assessment service to 825 times 1.0.

(c) A kindergarten pupil with a disability who is enrolled in a program approved by the
commissioner is counted as the ratio of the number of hours of assessment and education
services required in the fiscal year by the pupil's individualized education program to 875,
but not more than one.

(d) A prekindergarten pupil who is not included in paragraph (a) or (b) and is enrolled
in an approved voluntary prekindergarten program under section 124D.151 is counted as
the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil
units.

(e) A kindergarten pupil who is not included in paragraph (c) is counted as 1.0 pupil
unit if the pupil is enrolled in a free all-day, every day kindergarten program available to
all kindergarten pupils at the pupil's school that meets the minimum hours requirement in
section 120A.41, or is counted as .55 pupil unit, if the pupil is not enrolled in a free all-day,
every day kindergarten program available to all kindergarten pupils at the pupil's school.

(f) A pupil who is in any of grades 1 to 6 is counted as 1.0 pupil unit.

(g) A pupil who is in any of grades 7 to 12 is counted as 1.2 pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted as 1.2
pupil units.

(i) For fiscal years 2018 through 2021, a prekindergarten pupil who:

(1) is not included in paragraph (a), (b), or (d);

(2) is enrolled in a school readiness plus program under Laws 2017, First Special Session
chapter 5, article 8, section 9; and

(3) has one or more of the risk factors specified by the eligibility requirements for a
school readiness plus program,

is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more
than 0.6 pupil units. A pupil qualifying under this paragraph must be counted in the same
manner as a voluntary prekindergarten student for all general education and other school
funding formulas.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Laws 2020, chapter 116, article 3, section 8, is amended to read:


Sec. 8. FUND TRANSFERSdeleted text begin;deleted text endnew text begin FORnew text end FISCAL YEARS 2020 AND 2021 ONLYnew text begin;
REVENUE REDIRECTION FISCAL YEAR 2021 ONLY
new text end.

Subdivision 1.

Fund and account transfers allowed.

Notwithstanding Minnesota
Statutes, section 123B.80, subdivision 3, for fiscal years 2020 and 2021 only, a school
district, charter school, or cooperative unit may transfer any funds not already assigned to
or encumbered by staff salary and benefits, or otherwise encumbered by federal law, from
any accounts or operating fund to the undesignated balance in any other operating fund.

new text begin Subd. 1a. new text end

new text begin Redirected revenue uses. new text end

new text begin Notwithstanding any law to the contrary, for fiscal
year 2021 only, a school district may redirect any reserved or restricted revenue to another
use upon adoption of a written resolution of the school board. This authority applies to any
funds not already assigned to or encumbered by staff salary and benefits, or otherwise
encumbered by federal law.
new text end

Subd. 2.

No aid or levy effect.

A fund deleted text beginordeleted text endnew text begin transfer,new text end account transfernew text begin, or redirection of
revenue
new text end is allowed under this section if the transfer new text beginor revenue redirection new text enddoes not increase
state aid obligations to the district or school, or result in additional property tax authority
for the district. new text beginRedirected revenue, new text enda fund new text begintransfer, new text endor new text beginan new text endaccount transfer is limited to the
operating funds and accounts of a school district, charter school, or cooperative unit.

Subd. 3.

Board approval required; reporting; audit trail.

new text begin(a) new text endA fund or account
transfer under this section for fiscal year 2020 is effective June 30, 2020, and a fund or
account transfer under this section for fiscal year 2021 is effective June 30, 2021. The school
board must approve any fund or account transfer before the reporting deadline for the
respective fiscal year.

new text begin (b) A school board that redirects reserved or restricted revenue or uses revenue for a
different purpose than the specific purposes listed in statute for that revenue must adopt a
written resolution outlining the purpose for, and specifying the amount of, funds that are
redirected.
new text end

new text begin (c)new text end A school district, charter school, or cooperative unit must maintain accounting records
for the purposes of this section that are sufficient to document deleted text beginbothdeleted text end the specific funds
transferrednew text begin or redirectednew text end and use of those funds. The accounting records are subject to auditor
review. Any execution of flexibility must not interfere with or jeopardize funding per federal
requirements. Any transfernew text begin or redirection of fundsnew text end must not interfere with the equitable
delivery of distance learning or social distancing models.

Subd. 4.

Commissioner's guidance.

The commissioner must prepare and post to the
department's website a document providing guidance on the process for approval of fund
and account balance transfers authorized under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text beginFOUR-DAY SCHOOL WEEKS ALLOWED.
new text end

new text begin Notwithstanding Minnesota Statutes, section 120A.41, for the 2020-2021 school year
only, a school board's annual calendar may include fewer than 165 days of instruction and
may be structured as a four-day week schedule.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text beginPARENT-BASED DISTANCE LEARNING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of this section is to provide additional learning
opportunities for students during distance learning periods.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin This section only applies during the 2020-2021 school year.
new text end

new text begin Subd. 3. new text end

new text begin Student eligibility. new text end

new text begin A student who was enrolled in a Minnesota school district
or charter school on March 13, 2020, who has not already graduated from high school may
participate in a parent-based distance learning program.
new text end

new text begin Subd. 4. new text end

new text begin Parent responsibility. new text end

new text begin (a) A parent who wishes to provide parent-based distance
learning must provide the student's school with written notice of the parent's intent to do
so. The parent's notice must include the parent's agreement to provide the educational
services required under Minnesota Statutes, section 120A.22.
new text end

new text begin (b) A parent may terminate a parent-based distance learning program by submitting
written notice to the student's enrolling school. A parent who terminates a parent-based
distance learning program for the student may not request another parent-based distance
learning period for that student.
new text end

new text begin Subd. 5. new text end

new text begin School responsibilities. new text end

new text begin (a) A school district or charter school that enrolls an
eligible parent-based distance learning student may continue to count that student as an
enrolled pupil according to Minnesota Statutes, section 126C.05, subdivision 1, and any
other school funding formulas under Minnesota Statutes, chapters 124D, 125A, and 126C.
new text end

new text begin (b) A school district or charter school that enrolls a student under paragraph (a) must
provide the eligible student with a computer, textbooks, individualized instructional materials,
standardized tests, software, and education technology in the same manner as for other
students attending the school. If the student's family does not have access to adequate Internet
service, the school must provide Internet service for the student. If the school provides
access to noninteractive coursework online, the school must make this coursework available
to the student.
new text end

new text begin (c) The enrolling school is not required to provide the student access to its teachers as
a part of the parent-based distance learning program.
new text end

new text begin (d) The enrolling school is not required to provide compulsory instruction under
Minnesota Statutes, section 120A.22, for any student participating in parent-based distance
learning.
new text end

new text begin (e) Upon written request of the parent who has terminated a parent-based distance
learning program, the enrolling school must reassign a parent-based distance learning student
to the school's regular distance learning program. The school must place the student in the
same manner as it would a student transferring from another school.
new text end

new text begin Subd. 6. new text end

new text begin Grade progression and graduation. new text end

new text begin (a) The enrolling school must recognize
the courses completed by a parent-based distance learning program student in the same
manner as it recognizes any other student's courses who transfers into the school.
new text end

new text begin (b) A parent-based distance learning student in grade 12 during the 2020-2021 school
year who satisfies the school's graduation requirements and successfully completes the
parent-based distance learning program must be awarded a diploma from the school where
the student is enrolled.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year only.
new text end

Sec. 6. new text beginPUBLIC HEALTH E-LEARNING DAYS.
new text end

new text begin (a) For the purposes of this section, "public health e-learning day" means a school day
where a school offers full access to online instruction provided by students' individual
teachers due to a public health hazard, including the threat of an outbreak of a communicable
or infectious disease.
new text end

new text begin (b) Notwithstanding any law to the contrary, for the 2020-2021 school year only, a school
district or charter school may use public health e-learning days if:
new text end

new text begin (1) the governor authorizes the commissioner of education to alter school schedules,
curtail school schedules, or order schools closed under Minnesota Statutes, section 12.21,
due to an infectious disease outbreak; or
new text end

new text begin (2) a school district or charter school chooses to close a school due to an infectious
disease outbreak.
new text end

new text begin (c) A public health e-learning day is counted as a day of instruction and included in the
hours of instruction under Minnesota Statutes, section 120A.41.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end