HF 163

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 05/18/2020 02:45pm

A bill for an act
relating to education; making certain policy changes for prekindergarten through
grade 12 education including general education, education excellence, teacher
licensing, health and safety, special education, and early childhood education;
making changes to a report; amending Minnesota Statutes 2018, sections 120A.20,
by adding a subdivision; 121A.22, subdivision 1, by adding a subdivision;
122A.181, subdivision 3; 122A.182, subdivision 3; 122A.187, subdivision 6;
123B.52, subdivisions 1, 3; 124D.165, subdivisions 3, 4; 125A.08; 125A.30;
125A.50, subdivision 1; 126C.17, subdivision 9; Minnesota Statutes 2019
Supplement, section 120B.12, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 120B; 121A.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2018, section 123B.52, subdivision 1, is amended to read:

Subdivision 1.

Contracts.

A contract for work or labor, or for the purchase of furniture,
fixtures, or other property, except books registered under the copyright laws and information
systems software, or for the construction or repair of school houses, the estimated cost or
value of which shall exceed that specified in section 471.345, subdivision 3, must not be
made by the school board without first advertising for bids or proposals by two weeks'
published notice in the official newspaper. This notice must state the time and place of
receiving bids and contain a brief description of the subject matter.

Additional publication in the official newspaper or elsewhere may be made as the board
shall deem necessary.

After taking into consideration conformity with the specifications, terms of delivery,
and other conditions imposed in the call for bids, every such contract for which a call for
bids has been issued must be awarded to the lowest responsible bidder, be duly executed
in writing, and be otherwise conditioned as required by law. The person to whom the contract
is awarded shall give a sufficient bond to the board for its faithful performance.
Notwithstanding section 574.26 or any other law to the contrary, on a contract limited to
the purchase of a finished tangible product, a board may require, at its discretion, a
performance bond of a contractor in the amount the board considers necessary. A record
must be kept of all bids, with names of bidders and amount of bids, and with the successful
bid indicated thereon. A bid containing an alteration or erasure of any price contained in
the bid which is used in determining the lowest responsible bid must be rejected unless the
alteration or erasure is corrected as provided in this section. An alteration or erasure may
be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
initialed in ink by the person signing the bid. In the case of identical low bids from two or
more bidders, the board may, at its discretion, utilize negotiated procurement methods with
the tied low bidders for that particular transaction, so long as the price paid does not exceed
the low tied bid price. In the case where only a single bid is received, the board may, at its
discretion, negotiate a mutually agreeable contract with the bidder so long as the price paid
does not exceed the original bid. If no satisfactory bid is received, the board may readvertise.
Standard requirement price contracts established for supplies or services to be purchased
by the district must be established by competitive bids. Such standard requirement price
contracts may contain escalation clauses and may provide for a negotiated price increase
or decrease based upon a demonstrable industrywide or regional increase or decrease in the
vendor's costs. Either party to the contract may request that the other party demonstrate
such increase or decrease. The term of such contracts must not exceed two years with an
option on the part of the district to renew for an additional two years, except as provided in
subdivision new text begin 3 or new text end 7. Contracts for the purchase of perishable food items, except milk for
school lunches and vocational training programs, in any amount may be made by direct
negotiation by obtaining two or more written quotations for the purchase or sale, when
possible, without advertising for bids or otherwise complying with the requirements of this
section or section 471.345, subdivision 3. All quotations obtained shall be kept on file for
a period of at least one year after receipt.

Every contract made without compliance with the provisions of this section shall be
void. Except in the case of the destruction of buildings or injury thereto, where the public
interest would suffer by delay, contracts for repairs may be made without advertising for
bids.

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 2018, section 123B.52, subdivision 3, is amended to read:

Subd. 3.

Transportation; fuel.

Notwithstanding the provisions of subdivision 1 or
section 471.345, a contract for the transportation of school children, or a contract for the
purchase of petroleum heating fuel or fuel for vehicles may be made by direct negotiation,
by obtaining two or more written quotations for the service when possible, or upon sealed
bids. At least 30 days before awarding a directly negotiated contract, the district must, by
published notice, request quotations for the service to be provided. All quotations obtained
must be kept on file for a period of at least one year after receipt. If a contract is made by
direct negotiation, all quotations must be public information. If a contract is made upon
sealed bids, the procedure for advertising and awarding bids shall conform to the provisions
of subdivision 1 except as otherwise provided in this subdivision. new text begin The term of such contracts
must not exceed ten years.
new text end

Notwithstanding the provisions of subdivision 1 or section 574.26, a performance bond
must be required of a contractor on a contract for the transportation of school children only
when deemed necessary by and at the discretion of the board. Such a performance bond
must be in the amount determined by the board.

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.

Minnesota Statutes 2018, section 126C.17, subdivision 9, is amended to read:

Subd. 9.

Referendum revenue.

(a) The revenue authorized by section 126C.10,
subdivision 1, may be increased in the amount approved by the voters of the district at a
referendum called for the purpose. The referendum may be called by the board. The
referendum must be conducted one or two calendar years before the increased levy authority,
if approved, first becomes payable. Only one election to approve an increase may be held
in a calendar year. Unless the referendum is conducted by mail under subdivision 11,
paragraph (a), the referendum must be held on the first Tuesday after the first Monday in
November. The ballot must state the maximum amount of the increased revenue per adjusted
pupil unit. The ballot may state a schedule, determined by the board, of increased revenue
per adjusted pupil unit that differs from year to year over the number of years for which the
increased revenue is authorized or may state that the amount shall increase annually by the
rate of inflation. For this purpose, the rate of inflation shall be the annual inflationary increase
calculated under subdivision 2, paragraph (b). The ballot may state that existing referendum
levy authority is expiring. In this case, the ballot may also compare the proposed levy
authority to the existing expiring levy authority, and express the proposed increase as the
amount, if any, over the expiring referendum levy authority. The ballot must designate the
specific number of years, not to exceed ten, for which the referendum authorization applies.
The ballot, including a ballot on the question to revoke or reduce the increased revenue
amount under paragraph (c), must abbreviate the term "per adjusted pupil unit" as "per
pupil." The notice required under section 275.60 may be modified to read, in cases of
renewing existing levies at the same amount per pupil as in the previous year:

"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING TO
EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS SCHEDULED
TO EXPIRE."

The ballot may contain a textual portion with the information required in this subdivision
and a question stating substantially the following:

"Shall the increase in the revenue proposed by (petition to) the board of ......., School
District No. .., be approved?"

If approved, an amount equal to the approved revenue per adjusted pupil unit times the
adjusted pupil units for the school year beginning in the year after the levy is certified shall
be authorized for certification for the number of years approved, if applicable, or until
revoked or reduced by the voters of the district at a subsequent referendum.

(b) The board must deliver by mail at least 15 days but no more than deleted text begin 30 deleted text end new text begin 45 new text end days before
the day of the referendum to each taxpayer a notice of the referendum and the proposed
revenue increase. The board need not mail more than one notice to any taxpayer. For the
purpose of giving mailed notice under this subdivision, owners must be those shown to be
owners on the records of the county auditor or, in any county where tax statements are
mailed by the county treasurer, on the records of the county treasurer. Every property owner
whose name does not appear on the records of the county auditor or the county treasurer is
deemed to have waived this mailed notice unless the owner has requested in writing that
the county auditor or county treasurer, as the case may be, include the name on the records
for this purpose. The notice must project the anticipated amount of tax increase in annual
dollars for typical residential homesteads, agricultural homesteads, apartments, and
commercial-industrial property within the school district.

The notice for a referendum may state that an existing referendum levy is expiring and
project the anticipated amount of increase over the existing referendum levy in the first
year, if any, in annual dollars for typical residential homesteads, agricultural homesteads,
apartments, and commercial-industrial property within the district.

The notice must include the following statement: "Passage of this referendum will result
in an increase in your property taxes." However, in cases of renewing existing levies, the
notice may include the following statement: "Passage of this referendum extends an existing
operating referendum at the same amount per pupil as in the previous year."

(c) A referendum on the question of revoking or reducing the increased revenue amount
authorized pursuant to paragraph (a) may be called by the board. A referendum to revoke
or reduce the revenue amount must state the amount per adjusted pupil unit by which the
authority is to be reduced. Revenue authority approved by the voters of the district pursuant
to paragraph (a) must be available to the school district at least once before it is subject to
a referendum on its revocation or reduction for subsequent years. Only one revocation or
reduction referendum may be held to revoke or reduce referendum revenue for any specific
year and for years thereafter.

(d) The approval of 50 percent plus one of those voting on the question is required to
pass a referendum authorized by this subdivision.

(e) At least 15 days before the day of the referendum, the district must submit a copy of
the notice required under paragraph (b) to the commissioner and to the county auditor of
each county in which the district is located. Within 15 days after the results of the referendum
have been certified by the board, or in the case of a recount, the certification of the results
of the recount by the canvassing board, the district must notify the commissioner of the
results of the referendum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020, and applies to referendum
notices mailed on or after that date.
new text end

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2019 Supplement, section 120B.12, subdivision 2, is amended
to read:

Subd. 2.

Identification; report.

(a) Each school district must identify before the end of
kindergarten, grade 1, and grade 2 all students who are not reading at grade level. Students
identified as not reading at grade level by the end of kindergarten, grade 1, and grade 2 must
be screened, in a locally determined manner, for characteristics of dyslexia.

(b) Students in grade 3 or higher who demonstrate a reading difficulty to a classroom
teacher must be screened, in a locally determined manner, for characteristics of dyslexia,
unless a different reason for the reading difficulty has been identified.

(c) Reading assessments in English, and in the predominant languages of district students
where practicable, must identify and evaluate students' areas of academic need related to
literacy. The district also must monitor the progress and provide reading instruction
appropriate to the specific needs of English learners. The district must use a locally adopted,
developmentally appropriate, and culturally responsive assessment and annually report
summary assessment results to the commissioner by July 1.

(d) The district also must annually report to the commissioner by July 1 a summary of
the district's efforts to screen and identify students deleted text begin with:
deleted text end

deleted text begin (1) deleted text end new text begin who demonstrate characteristics of new text end dyslexia deleted text begin , deleted text end using screening tools such as those
recommended by the department's dyslexia specialist deleted text begin ; or
deleted text end

deleted text begin (2) convergence insufficiency disorder deleted text end . new text begin With respect to students screened or identified
under paragraph (a), the report must include:
new text end

new text begin (1) a summary of the district's efforts to screen for dyslexia;
new text end

new text begin (2) the number of students screened for that reporting year; and
new text end

new text begin (3) the number of students demonstrating characteristics of dyslexia for that year.
new text end

(e) A student identified under this subdivision must be provided with alternate instruction
under section 125A.56, subdivision 1.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2018, section 122A.181, subdivision 3, is amended to read:

Subd. 3.

Term of license and renewal.

(a) The Professional Educator Licensing and
Standards Board must issue an initial Tier 1 license for a term of one year. A Tier 1 license
may be renewed subject to paragraphs (b) and (c). The board may submit written comments
to the district or charter school that requested the renewal regarding the candidate.

(b) The Professional Educator Licensing and Standards Board must renew a Tier 1
license if:

(1) the district or charter school requesting the renewal demonstrates that it has posted
the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license
for the position;

(2) the teacher holding the Tier 1 license took a content examination in accordance with
section 122A.185 and submitted the examination results to the teacher's employing district
or charter school within one year of the board approving the request for the initial Tier 1
license; deleted text begin and
deleted text end

(3) the teacher holding the Tier 1 license participated in cultural competency training
consistent with section 120B.30, subdivision 1, paragraph (q), within one year of the board
approving the request for the initial Tier 1 license deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) the teacher holding the Tier 1 license met the mental illness training renewal
requirement under section 122A.187, subdivision 6.
new text end

The requirement in clause (2) does not apply to a teacher that teaches a class in a career and
technical education or career pathways course of study.

(c) A Tier 1 license must not be renewed more than three times, unless the requesting
district or charter school can show good cause for additional renewals. A Tier 1 license
issued to teach (1) a class or course in a career and technical education or career pathway
course of study or (2) in a shortage area, as defined in section 122A.06, subdivision 6, may
be renewed without limitation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for licenses issued on or after July 1,
2021.
new text end

Sec. 3.

Minnesota Statutes 2018, section 122A.182, subdivision 3, is amended to read:

Subd. 3.

Term of license and renewal.

The Professional Educator Licensing and
Standards Board must issue an initial Tier 2 license for a term of two years. A Tier 2 license
may be renewed three times. Before a Tier 2 license is renewed for the first time, a teacher
holding a Tier 2 license must participate in cultural competency training consistent with
section 120B.30, subdivision 1, paragraph (q) new text begin , and mental illness training under section
122A.187, subdivision 6 new text end . The board must issue rules setting forth the conditions for additional
renewals after the initial license has been renewed three times.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for licenses issued on or after July 1,
2021.
new text end

Sec. 4.

Minnesota Statutes 2018, section 122A.187, subdivision 6, is amended to read:

Subd. 6.

Mental illness.

The Professional Educator Licensing and Standards Board must
adopt rules that require all licensed teachers renewing a deleted text begin Tier 3 or Tier 4 deleted text end teaching license
under sections deleted text begin 122A.183 and deleted text end new text begin 122A.181 to new text end 122A.184 deleted text begin , respectively, deleted text end to include in the renewal
requirements at least one hour of suicide prevention best practices new text begin training new text end in each licensure
renewal period based on nationally recognized evidence-based programs and practices,
among the continuing education credits required to renew a license under this subdivision deleted text begin ,
and further preparation, first, in deleted text end new text begin . Initial training must include new text end understanding the key warning
signs of early-onset mental illness in children and adolescents new text begin , new text end and deleted text begin then, deleted text end during subsequent
licensure renewal periods, deleted text begin preparation may deleted text end new text begin training must new text end include deleted text begin providing deleted text end a more in-depth
understanding of students' mental illness trauma, accommodations for students' mental
illness, parents' roles in addressing students' mental illness, Fetal Alcohol Spectrum Disorders,
autism, the requirements of section 125A.0942 governing restrictive procedures, and
de-escalation methods, among other similar topics.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

HEALTH AND SAFETY

Section 1.

new text begin [120B.238] VAPING AWARENESS AND PREVENTION.
new text end

new text begin Subdivision 1. new text end

new text begin Title. new text end

new text begin This section may be referred to as the "Vaping Awareness and
Prevention Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the words defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Electronic delivery device" has the meaning given in section 609.685, subdivision
1.
new text end

new text begin (c) "Heated tobacco product" means a tobacco product that produces aerosols containing
nicotine and other chemicals which are inhaled by users through the mouth.
new text end

new text begin (d) "Public school" means a school district or a charter school.
new text end

new text begin (e) "Vaping" means using an activated electronic delivery device or heated tobacco
product.
new text end

new text begin Subd. 3. new text end

new text begin School instruction requirements. new text end

new text begin (a) A public school must provide vaping
prevention instruction at least once to students in grades 6 through 8. A public school may
use instructional materials based on the Department of Health's e-cigarette toolkit or may
use other smoking prevention instructional materials with a focus on vaping and the use of
electronic delivery devices and heated tobacco products. The instruction may be provided
as a part of a public school's locally developed health standards.
new text end

new text begin (b) A public school is strongly encouraged to provide evidence-based vaping prevention
instruction to students in grades 9 through 12.
new text end

new text begin (c) A public school is encouraged to use a peer-to-peer education program to provide
vaping prevention instruction.
new text end

new text begin Subd. 4. new text end

new text begin Student survey. new text end

new text begin The commissioner of education must include questions
regarding tobacco use and vaping in the Minnesota student survey.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2018, section 121A.22, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

new text begin (a) new text end This section applies only:

(1) when the parent of a pupil requests school personnel to administer drugs or medicine
to the pupil; or

(2) when administration is allowed by the individualized education program of a child
with a disability.

The request of a parent may be oral or in writing. An oral request must be reduced to
writing within two school days, provided that the district may rely on an oral request until
a written request is received.

new text begin (b) If the administration of a drug or medication described in paragraph (a) requires a
school to store the drug or medication, the parent or legal guardian must inform the school
if the drug or medication is a controlled substance. For a drug or medication that is not a
controlled substance, the request must include a provision designating the school district
as an authorized entity to transport the drug or medication for the purpose of destruction if
any unused drug or medication remains in the possession of school personnel. For a drug
or medication that is a controlled substance, the request must specify that the parent or legal
guardian is required to retrieve the drug or controlled substance when requested by the
school.
new text end

Sec. 3.

Minnesota Statutes 2018, section 121A.22, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Unclaimed drugs or medications. new text end

new text begin (a) Each school district must adopt a
procedure for the collection and transport of any unclaimed or abandoned prescription drugs
or medications remaining in the possession of school personnel in accordance with this
subdivision. The procedure must ensure that before the transportation of any prescription
drug or medication under this subdivision, the school district shall make a reasonable attempt
to return the unused prescription drug or medication to the student's parent or legal guardian.
The procedure must provide that transportation of unclaimed or unused prescription drugs
or medications occur at least annually, or more frequently as determined by the school
district.
new text end

new text begin (b) If the unclaimed or abandoned prescription drug is not a controlled substance as
defined under section 152.01, subdivision 4, or is an over-the-counter medication, the school
district may designate an individual who shall be responsible for transporting the drug or
medication to a designated drop-off box or collection site or may request that a law
enforcement agency transport the drug or medication to a drop-off box or collection site on
behalf of the school district.
new text end

new text begin (c) If the unclaimed or abandoned prescription drug is a controlled substance as defined
in section 152.01, subdivision 4, a school district or school personnel is prohibited from
transporting the prescription drug to a drop-off box or collection site for prescription drugs
identified under this paragraph. The school district must request that a law enforcement
agency transport the prescription drug or medication to a collection bin that complies with
Drug Enforcement Agency regulations, or if a site is not available, under the agency's
procedure for transporting drugs.
new text end

ARTICLE 4

SPECIAL EDUCATION

Section 1.

Minnesota Statutes 2018, section 125A.08, is amended to read:

125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.

(a) At the beginning of each school year, each school district shall have in effect, for
each child with a disability, an individualized education program.

(b) As defined in this section, every district must ensure the following:

(1) all students with disabilities are provided the special instruction and services which
are appropriate to their needs. Where the individualized education program team has
determined appropriate goals and objectives based on the student's needs, including the
extent to which the student can be included in the least restrictive environment, and where
there are essentially equivalent and effective instruction, related services, or assistive
technology devices available to meet the student's needs, cost to the district may be among
the factors considered by the team in choosing how to provide the appropriate services,
instruction, or devices that are to be made part of the student's individualized education
program. The individualized education program team shall consider and may authorize
services covered by medical assistance according to section 256B.0625, subdivision 26.
Before a school district evaluation team makes a determination of other health disability
under Minnesota Rules, part 3525.1335, subparts 1 and 2, item A, subitem (1), the evaluation
team must seek written documentation of the student's medically diagnosed chronic or acute
health condition signed by a licensed physician or a licensed health care provider acting
within the scope of the provider's practice. The student's needs and the special education
instruction and services to be provided must be agreed upon through the development of
an individualized education program. The program must address the student's need to develop
skills to live and work as independently as possible within the community. The individualized
education program team must consider positive behavioral interventions, strategies, and
supports that address behavior needs for children. During grade 9, the program must address
the student's needs for transition from secondary services to postsecondary education and
training, employment, community participation, recreation, and leisure and home living. In
developing the program, districts must inform parents of the full range of transitional goals
and related services that should be considered. The program must include a statement of
the needed transition services, including a statement of the interagency responsibilities or
linkages or both before secondary services are concluded. If the individualized education
program meets the plan components in section 120B.125, the individualized education
program satisfies the requirement and no additional transition plan is needed;

(2) children with a disability under age five and their families are provided special
instruction and services appropriate to the child's level of functioning and needs;

(3) children with a disability and their parents or guardians are guaranteed procedural
safeguards and the right to participate in decisions involving identification, assessment
including assistive technology assessment, and educational placement of children with a
disability;

(4) eligibility and needs of children with a disability are determined by an initial
evaluation or reevaluation, which may be completed using existing data under United States
Code, title 20, section 33, et seq.;

(5) to the maximum extent appropriate, children with a disability, including those in
public or private institutions or other care facilities, are educated with children who are not
disabled, and that special classes, separate schooling, or other removal of children with a
disability from the regular educational environment occurs only when and to the extent that
the nature or severity of the disability is such that education in regular classes with the use
of supplementary services cannot be achieved satisfactorily;

(6) in accordance with recognized professional standards, testing and evaluation materials,
and procedures used for the purposes of classification and placement of children with a
disability are selected and administered so as not to be racially or culturally discriminatory;
and

(7) the rights of the child are protected when the parents or guardians are not known or
not available, or the child is a ward of the state.

(c) For all paraprofessionals employed to work in programs whose role in part is to
provide direct support to students with disabilities, the school board in each district shall
ensure that:

(1) before or beginning at the time of employment, each paraprofessional must develop
sufficient knowledge and skills in emergency procedures, building orientation, roles and
responsibilities, confidentiality, vulnerability, and reportability, among other things, to begin
meeting the needs, especially disability-specific and behavioral needs, of the students with
whom the paraprofessional works;

(2) annual training opportunities are required to enable the paraprofessional to continue
to further develop the knowledge and skills that are specific to the students with whom the
paraprofessional works, including understanding disabilities, the unique and individual
needs of each student according to the student's disability and how the disability affects the
student's education and behavior, following lesson plans, and implementing follow-up
instructional procedures and activities; and

(3) a districtwide process obligates each paraprofessional to work under the ongoing
direction of a licensed teacher and, where appropriate and possible, the supervision of a
school nurse.

new text begin (d) A school district may conduct a functional behavior assessment as defined in
Minnesota Rules, part 3525.0210, subpart 22, as a stand-alone evaluation without conducting
a comprehensive evaluation of the student in accordance with prior written notice provisions
in section 125A.091, subdivision 3a. A parent or guardian may request that a school district
conduct a comprehensive evaluation of the parent's or guardian's student.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to functional behavior assessments conducted
on or after July, 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 125A.50, subdivision 1, is amended to read:

Subdivision 1.

Commissioner approval.

The commissioner may approve applications
from districts initiating or significantly changing a program to provide prevention services
as an alternative to special education and other compensatory programs. A district with an
approved program may provide instruction and services in a regular education classroom,
or an area learning center, to eligible pupils. Pupils eligible to participate in the program
are pupils who need additional academic or behavioral support to succeed in the general
education environment and who may eventually qualify for special education instruction
or related services under sections 125A.03 to 125A.24 and 125A.65 if the intervention
services authorized by this section were unavailable. new text begin A pupil with a disability as defined
under sections 125A.03 to 125A.24 and 125A.65, whose individualized education program
team has determined that the pupil does not require special education services in the area
of the district's approved program, may participate in the approved program as long as
participation does not result in an increase in costs for the program or displace a pupil who
does not currently have a disability. new text end Pupils may be provided services during extended school
days and throughout the entire year and through the assurance of mastery program under
sections 125A.03 to 125A.24 and 125A.65.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

ARTICLE 5

EARLY CHILDHOOD

Section 1.

Minnesota Statutes 2018, section 120A.20, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Verification of age for admission to public school. new text end

new text begin Public schools may request
documentation that verifies a pupil falls within the school's minimum and maximum age
requirements for admission to publicly funded prekindergarten, preschool, kindergarten, or
grades 1 through 12. Documentation may include a passport, a hospital birth record or
physician's certificate, a baptismal or religious certificate, an adoption record, health records,
immunization records, immigration records, previously verified school records, early
childhood screening records, Minnesota Immunization Information Connection records, or
an affidavit from a parent.
new text end

Sec. 2.

new text begin [121A.425] FULL AND EQUITABLE PARTICIPATION IN PRESCHOOL
AND PREKINDERGARTEN.
new text end

new text begin Subdivision 1. new text end

new text begin Disciplinary dismissals prohibited. new text end

new text begin A pupil enrolled in a preschool or
prekindergarten program, including a child participating in early childhood family education,
school readiness, school readiness plus, voluntary prekindergarten, Head Start, or other
school-based preschool or prekindergarten program, may not be subject to dismissals under
this chapter. Notwithstanding this subdivision, expulsions and exclusions may be used only
after resources outlined in subdivision 2 have been exhausted, and only in circumstances
where there is an ongoing serious safety threat to the child or others.
new text end

new text begin Subd. 2. new text end

new text begin Nonexclusionary discipline. new text end

new text begin For purposes of this section, nonexclusionary
discipline must include at least one of the following:
new text end

new text begin (1) collaborating with the pupil's family or guardian, child mental health consultant or
provider, education specialist, or other community-based support;
new text end

new text begin (2) creating a plan, written with the parent or guardian, that details the action and support
needed for the pupil to fully participate in a preschool or prekindergarten program; or
new text end

new text begin (3) providing a referral for needed support services, including parenting education, home
visits, other supportive education interventions, or, where appropriate, an evaluation to
determine if the pupil is eligible for special education services or section 504 services.
new text end

Sec. 3.

Minnesota Statutes 2018, section 124D.165, subdivision 3, is amended to read:

Subd. 3.

Administration.

(a) The commissioner shall establish application timelines
and determine the schedule for awarding scholarships that meets operational needs of eligible
families and programs. The commissioner must give highest priority to applications from
children who:

(1) have a parent under age 21 who is pursuing a high school diploma or a course of
study for a high school equivalency test;

(2) are in foster care or otherwise in need of protection or services; or

(3) have experienced homelessness in the last 24 months, as defined under the federal
McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 11434a.

The commissioner may prioritize applications on additional factors including family
income, geographic location, and whether the child's family is on a waiting list for a publicly
funded program providing early education or child care services.

(b) The commissioner shall establish a target for the average scholarship amount per
child based on the results of the rate survey conducted under section 119B.02.

(c) A four-star rated program that has children eligible for a scholarship enrolled in or
on a waiting list for a program beginning in July, August, or September may notify the
commissioner, in the form and manner prescribed by the commissioner, each year of the
program's desire to enhance program services or to serve more children than current funding
provides. The commissioner may designate a predetermined number of scholarship slots
for that program and notify the program of that number. For fiscal year 2018 and later, the
statewide amount of funding directly designated by the commissioner must not exceed the
funding directly designated for fiscal year 2017. Beginning July 1, 2016, a school district
or Head Start program qualifying under this paragraph may use its established registration
process to enroll scholarship recipients and may verify a scholarship recipient's family
income in the same manner as for other program participants.

(d) A scholarship is awarded for a 12-month period. If the scholarship recipient has not
been accepted and subsequently enrolled in a rated program within ten months of the
awarding of the scholarship, the scholarship cancels and the recipient must reapply in order
to be eligible for another scholarship. A child may not be awarded more than one scholarship
in a 12-month period.

(e) A child who receives a scholarship who has not completed development screening
under sections 121A.16 to 121A.19 must complete that screening within 90 days of first
attending an eligible program new text begin or within 90 days after the child's third birthday if awarded
a scholarship under the age of three new text end .

(f) For fiscal year 2017 and later, a school district or Head Start program enrolling
scholarship recipients under paragraph (c) may apply to the commissioner, in the form and
manner prescribed by the commissioner, for direct payment of state aid. Upon receipt of
the application, the commissioner must pay each program directly for each approved
scholarship recipient enrolled under paragraph (c) according to the metered payment system
or another schedule established by the commissioner.

Sec. 4.

Minnesota Statutes 2018, section 124D.165, subdivision 4, is amended to read:

Subd. 4.

Early childhood program eligibility.

(a) In order to be eligible to accept an
early learning scholarship, a program must:

(1) participate in the quality rating and improvement system under section 124D.142;
and

(2) beginning July 1, deleted text begin 2020 deleted text end new text begin 2024 new text end , have a three- or four-star rating in the quality rating
and improvement system.

(b) Any program accepting scholarships must use the revenue to supplement and not
supplant federal funding.

deleted text begin (c) Notwithstanding paragraph (a), all Minnesota early learning foundation scholarship
program pilot sites are eligible to accept an early learning scholarship under this section.
deleted 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.

Minnesota Statutes 2018, section 125A.30, is amended to read:

125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.

(a) A group of school districts or special education cooperatives, in cooperation with
the new text begin county and tribal new text end health and human service agencies located in the county or counties
in which the districts or cooperatives are located, must establish an Interagency Early
Intervention Committee for children with disabilities under age five and their families under
this section, and for children with disabilities ages three to 22 consistent with the requirements
under sections 125A.023 and 125A.027. Committees must include representatives of local
health, education, and county human service agencies, early childhood family education
programs, Head Start, parents of young children with disabilities under age 12, child care
resource and referral agencies, school readiness programs, current service providers, and
agencies that serve families experiencing homelessness, and may also include representatives
from other private or public agencies and school nurses. The committee must elect a chair
from among its members and must meet at least quarterly.

(b) The committee must develop and implement interagency policies and procedures
concerning the following ongoing duties:

(1) develop public awareness systems designed to inform potential recipient families,
especially parents with premature infants, or infants with other physical risk factors associated
with learning or development complications, of available programs and services;

(2) to reduce families' need for future services, and especially parents with premature
infants, or infants with other physical risk factors associated with learning or development
complications, implement interagency child find systems designed to actively seek out,
identify, and refer infants and young children with, or at risk of, disabilities, including a
child under the age of three who: (i) is the subject of a substantiated case of abuse or neglect
or (ii) is identified as directly affected by illegal substance abuse, or withdrawal symptoms
resulting from prenatal drug exposure;

(3) implement a process for assuring that services involve cooperating agencies at all
steps leading to individualized programs;

(4) identify the current services and funding being provided within the community for
children with disabilities under age five and their families; and

(5) develop a plan for the allocation and expenditure of federal early intervention funds
under United States Code, title 20, section 1471 et seq. (Part C, Public Law 108-446) and
United States Code, title 20, section 631, et seq. (Chapter I, Public Law 89-313).

(c) The local committee shall also participate in needs assessments and program planning
activities conducted by local social service, health and education agencies for young children
with disabilities and their families.