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HF 1064

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/23/2021 12:54pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education finance; providing for education impacted by COVID-19;
providing for educational uses of federal funds for COVID-19; appropriating
money for summer education programs; amending Minnesota Statutes 2020, section
126C.10, subdivision 2d.

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

ARTICLE 1

EDUCATION COVID ACTIONS

Section 1.

Minnesota Statutes 2020, section 126C.10, subdivision 2d, is amended to read:


Subd. 2d.

Declining enrollment revenue.

(a) new text beginFor fiscal year 2021 only, a school district's
declining enrollment revenue equals the greater of zero or the product of:
new text end

new text begin (1) 48.5 percent of the formula allowance for that year; and
new text end

new text begin (2) the difference between the adjusted pupil units for the preceding year and the adjusted
pupil units for the current year.
new text end

new text begin (b) For fiscal year 2022 and later, new text enda school district's declining enrollment revenue equals
the greater of zero or the product of: (1) 28 percent of the formula allowance for that year
and (2) the difference between the adjusted pupil units for the preceding year and the adjusted
pupil units for the current year.

deleted text begin (b)deleted text endnew text begin (c)new text end Notwithstanding paragraph (a), for fiscal year 2022 only, prekindergarten pupil
units under section 126C.05, subdivision 1, paragraph (d), must be excluded from the
calculation of declining enrollment revenue.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
fiscal year 2021 and later.
new text end

Sec. 2. new text beginSTUDENTS WITH DISABILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Home visits. new text end

new text begin A school district may provide services required by an
individualized education program to a student at the student's home. If a district chooses to
provide services at a student's home under this subdivision, the services provided by district
staff under this subdivision are determined necessary and essential to meet the district's
obligation to provide special instruction and services to a student with a disability and qualify
for funding in accordance with Minnesota Statutes, chapter 125A. A district choosing to
provide the home visit services must meet and negotiate the terms and conditions of
employment with the exclusive representative, if any, of the staff providing the services in
accordance with Minnesota Statutes, chapter 179A.
new text end

new text begin Subd. 2. new text end

new text begin Truancy. new text end

new text begin A school district must consider how a student's disability may affect
the student's ability to engage in distance instruction when determining whether to refer a
student for truancy programs and services under Minnesota Statutes, section 260A.02,
subdivision 3, or reporting students for educational neglect under Laws 2020, First Special
Session chapter 2, article 7. School districts are encouraged to connect families with available
county-based services, not including services under Minnesota Statutes, chapter 260A, to
meet families' needs if a student is struggling with attendance.
new text end

new text begin Subd. 3. new text end

new text begin Transition program. new text end

new text begin A school district must allow a student participating in a
special education secondary transition program for students ages 18 to 21 with a disability,
who was expected to participate in employment, in-person job training, or independent life
skills training during the 2020-2021 school year in accordance with the student's
individualized education program, to participate during the 2021-2022 school year
notwithstanding the student's age if the student's individualized education program team
determines participation in the transition program would be appropriate.
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. 3. new text beginAPPROPRIATIONS; DEPARTMENT OF EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums in this section are appropriated
from the general fund to the commissioner of education for the fiscal years designated.
new text end

new text begin Subd. 2. new text end

new text begin General education aid. new text end

new text begin (a) For additional general education aid according to
section 1:
new text end

new text begin $
new text end
new text begin 26,228,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) The 2021 appropriation includes $26,228,000 for 2021 based on an aid entitlement
of $29,142,000.
new text end

new text begin Subd. 3. new text end

new text begin Community partnerships. new text end

new text begin (a) For grants to school districts and charter schools
to partner with community businesses and organizations, such as local businesses, to develop,
implement, and deliver a summer mentor model or tutoring model for students:
new text end

new text begin $
new text end
new text begin 5,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) Grant funds must be used to partner with community businesses and organizations
to deliver mentoring and tutoring programs. Fund uses may include but are not limited to:
new text end

new text begin (1) contracting with organizations to develop and implement a mentor or tutoring model;
new text end

new text begin (2) transportation to activities and events that align with the mentor model;
new text end

new text begin (3) meal reimbursements at events and off-site locations;
new text end

new text begin (4) neighborhood-based location rentals; and
new text end

new text begin (5) providing child care for students in credit recovery and other noncapital costs
associated with attending.
new text end

new text begin (c) Grants are limited to $100,000 per grant recipient.
new text end

new text begin (d) The department must make all attempts to ensure there is equitable distribution of
grant services to entities serving the seven-county metropolitan area and greater Minnesota.
new text end

new text begin (e) The department must make all attempts to prioritize grant recipients by number of
historically underserved students, including students with disabilities.
new text end

new text begin (f) Eligible grantees include school districts, charter schools, intermediate school districts,
and cooperative units as defined in Minnesota Statutes, section 123A.24, subdivision 2.
new text end

new text begin (g) Up to two percent of this appropriation is available for grant administration.
new text end

new text begin (h) This is a onetime appropriation and is available until June 30, 2022.
new text end

new text begin Subd. 4. new text end

new text begin Expand access to tutoring. new text end

new text begin (a) For grants to expand access to tutoring services
including academic enrichment, mental health supports, and other wraparound services for
kindergarten through grade 12 children over the summer:
new text end

new text begin $
new text end
new text begin 3,250,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) Eligible entities must have experience serving youth and include community-based
organizations, faith-based organizations, institutions of higher education, school districts,
charter schools, nonpublic schools, Tribal Nations and other American Indian organizations,
nonprofit agencies, and for-profit corporations.
new text end

new text begin (c) Grant fund uses may include but are not limited to:
new text end

new text begin (1) mental health services and supports;
new text end

new text begin (2) social, emotional, and physical health supports;
new text end

new text begin (3) summer learning or enrichment programs; or
new text end

new text begin (4) other activities that are necessary to maintain the operation and continuity of services
in youth development and education, prioritizing the needs of historically underserved
groups.
new text end

new text begin (d) Grant recipients may develop a partnership between a local school district, charter
school, nonpublic school, or any of the organizations listed in paragraph (b).
new text end

new text begin (e) Grants are limited to $200,000 per grant recipient.
new text end

new text begin (f) The department must make all attempts to ensure there is equitable distribution of
grant services to entities serving the seven-county metropolitan area and greater Minnesota.
new text end

new text begin (g) The department must make all attempts to prioritize grant recipients by number of
historically underserved students, including students with disabilities.
new text end

new text begin (h) Eligible grantees include school districts, charter schools, intermediate school districts,
and cooperative units as defined in Minnesota Statutes, section 123A.24, subdivision 2.
new text end

new text begin (i) Up to two percent of this appropriation is available for grant administration.
new text end

new text begin (j) This is a onetime appropriation and is available until June 30, 2022.
new text end

new text begin Subd. 5. new text end

new text begin Expand mental health supports. new text end

new text begin (a) For grants to school districts and charter
schools to expand mental health and well-being supports to youth and adolescents attending
summer learning programs:
new text end

new text begin $
new text end
new text begin 1,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) Grant funds must be used to pay summer stipends and benefits for student support
personnel to offer summer school students services and programming, which may include
but are not limited to:
new text end

new text begin (1) one-on-one or group mental health supports;
new text end

new text begin (2) trauma-informed practices;
new text end

new text begin (3) evidence-based social and emotional learning district or schoolwide programming;
and
new text end

new text begin (4) other well-being activities such as physical activity, mindfulness, and stress-relieving
activities.
new text end

new text begin (c) Grant recipients may partner with community organizations that work with youth to
provide mental health and well-being supports under this subdivision.
new text end

new text begin (d) The department must prioritize grant recipients by their number of historically
underserved students, including students with disabilities.
new text end

new text begin (e) Up to two percent of this appropriation is available for grant administration.
new text end

new text begin (f) This is a onetime appropriation and is available until June 30, 2022.
new text end

new text begin Subd. 6. new text end

new text begin Field trips and hands-on learning. new text end

new text begin (a) For grants to school districts and charter
schools to fund summer field trips for hands-on learning opportunities:
new text end

new text begin $
new text end
new text begin 10,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) Grant funds will be allocated to school districts and charter schools based on estimated
average daily membership and concentration of students who are eligible for free and
reduced-price lunches or have been historically underserved, including students with
disabilities.
new text end

new text begin (c) Grant funds must be used to pay for the costs of providing field trip opportunities
during the summer. These activities may include but are not limited to transportation,
educator costs and incentives, meal reimbursements, and entry or event fees.
new text end

new text begin (d) Up to two percent of this appropriation is available for grant administration.
new text end

new text begin (e) This is a onetime appropriation and is available until June 30, 2022.
new text end

new text begin Subd. 7. new text end

new text begin Increase adult basic education program funding. new text end

new text begin (a) For additional funding
to strengthen the adult basic education (ABE) programming statewide to ensure access to,
enhance quality of, and increase the ABE programming available:
new text end

new text begin $
new text end
new text begin 10,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) Up to two percent of this appropriation is available for grant administration.
new text end

new text begin (c) This is a onetime appropriation and is available until June 30, 2022.
new text end

new text begin Subd. 8. new text end

new text begin Neighborhood programs. new text end

new text begin (a) For grants to schools to bring summer
programming into neighborhoods and apartment buildings and to collaborate and, if
appropriate, contract with community-based organizations, libraries, parks and recreation
departments, Tribes and Tribal organizations, faith-based organizations, and other similar
learning providers to bring summer learning into the community:
new text end

new text begin $
new text end
new text begin 5,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) Grant funds may be for transportation, academic enrichment programming and
associated costs, mental health services, other wraparound services, location rentals, and
meal reimbursements.
new text end

new text begin (c) Grants may be made in amounts up to $100,000.
new text end

new text begin (d) The department must make all attempts to prioritize grant recipients by number of
historically undeserved students, including students with disabilities.
new text end

new text begin (e) Eligible grantees include school districts, charter schools, intermediate school districts,
and cooperative units as defined in Minnesota Statutes, section 123A.24, subdivision 2.
new text end

new text begin (f) Up to two percent of this appropriation is available for grant administration.
new text end

new text begin (g) This is a onetime appropriation and is available until June 30, 2022.
new text end

new text begin Subd. 9. new text end

new text begin Summer preschool for four- and five-year-old students. new text end

new text begin (a) For grants to
provide high-quality early learning opportunities to four- and five-year-old students by
providing grant money to be used in a three- or four-star-rated private preschool, a public
preschool, or a public prekindergarten in-person learning program:
new text end

new text begin $
new text end
new text begin 20,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) Grant money of up to $4,800 per enrolled and attending student must be allocated
to children who need additional support, were four or five years of age on September 1,
2020, and have not yet attended kindergarten. Grant money must be used for applicable
program costs limited to tuition, transportation, food service, and interpreter or multilingual
student support costs.
new text end

new text begin (c) Prioritization for program participation must take into consideration children who
qualify for free and reduced-price lunch and meet at least one of the following eligibility
categories, with the highest priority to children qualifying under multiple categories:
new text end

new text begin (1) children in foster care, involved in the child protection system, experiencing
homelessness, Tribally enrolled, or children of teenage parents; or
new text end

new text begin (2) children who need or are currently receiving educational supports and services.
new text end

new text begin (d) In order to qualify for a grant, a summer preschool program must:
new text end

new text begin (1) offer a minimum of six instructional hours per day, for five days per week, for
between ten and 12 weeks;
new text end

new text begin (2) continue to meet school-year standards of school readiness, voluntary prekindergarten,
school readiness plus, Head Start, or three- or four-star Parent Aware rating; and
new text end

new text begin (3) allow families to participate in a sliding fee scale for services if space permits.
new text end

new text begin (e) Programs that qualify under paragraph (d) may apply for grant funding to the
commissioner in the form and manner prescribed by the commissioner. The application
must indicate the number of students that the program has the capacity to serve. The
commissioner must equitably distribute grant money across school-based, Head Start, and
community preschool and child care programs.
new text end

new text begin (f) A program that receives grant money must report student information following the
criteria required under the applicable program type and as determined by the commissioner.
new text end

new text begin (g) Up to 0.5 percent of this appropriation is available for grant administration.
new text end

new text begin (h) This is a onetime appropriation and is available until June 30, 2022.
new text end

new text begin Subd. 10. new text end

new text begin Summer college for high school graduates. new text end

new text begin (a) For grants to provide students
who graduated in the 2020-2021 school year with secular, college-level academic
programming at a postsecondary institution during the summer of 2021:
new text end

new text begin $
new text end
new text begin 6,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) Grant funds must be used to pay for the actual tuition costs of postsecondary
credit-bearing or developmental courses completed by students.
new text end

new text begin (c) Grant funds must be used to reimburse actual tuition costs up to a maximum of $512
per course. If participation exceeds the appropriation, the department shall prorate
reimbursements accordingly.
new text end

new text begin (d) Grant funds must be paid as reimbursements to public institutions of higher education
located in Minnesota in a form and manner determined by the department.
new text end

new text begin (e) Grant funds awarded under this subdivision may be used to reimburse tuition for
courses taken during the summer 2021 period ending August 15, 2021.
new text end

new text begin (f) Up to two percent of this appropriation is reserved for grant and program
administration.
new text end

new text begin (g) This is a onetime appropriation and is available until June 30, 2022.
new text end

new text begin Subd. 11. new text end

new text begin Full-service community schools. new text end

new text begin (a) For expedited grants for full-service
community schools:
new text end

new text begin $
new text end
new text begin 2,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) The commissioner may award full-service community school grants to school sites
in the form and manner determined by the commissioner. The commissioner must consider
the effect of the COVID-19 pandemic on the community served by the school site, including
racial and ethnic disparities exacerbated by the pandemic, when awarding grants to school
sites. The commissioner may establish a minimum grant amount. To the extent practicable,
grants must be consistent with Minnesota Statutes, section 124D.231.
new text end

new text begin (c) A school site that receives a grant must plan to implement a full-service community
school model at that school site during the 2021-2022 school year with a focus on eliminating
existing disparities, including those potentially exacerbated by the impact of COVID-19.
new text end

new text begin (d) Up to $50,000 is for administration of this program.
new text end

new text begin (e) This is a onetime appropriation and is available until June 30, 2022.
new text end

new text begin Subd. 12. new text end

new text begin Math corps. new text end

new text begin (a) For Minnesota math corps under Minnesota Statutes, section
124D.42, subdivision 9:
new text end

new text begin $
new text end
new text begin 3,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) This grant must be used to provide services to students in any grade to reduce math
deficiencies related to the effects of the COVID-19 pandemic.
new text end

new text begin (c) This grant is in addition to any other revenue received for this purpose.
new text end

new text begin (d) This is a onetime appropriation and is available until June 30, 2022.
new text end

new text begin Subd. 13. new text end

new text begin Reading corps. new text end

new text begin (a) For Minnesota reading corps:
new text end

new text begin $
new text end
new text begin 2,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) This grant must be used to provide childhood literacy services consistent with Laws
2019, First Special Session chapter 11, article 2, section 33, subdivision 8.
new text end

new text begin (c) This grant is to provide services to students to reduce reading deficiencies related to
the effects of the COVID-19 pandemic and is in addition to any other revenue received for
this purpose.
new text end

new text begin (d) This is a onetime appropriation and is available until June 30, 2022.
new text end

new text begin Subd. 14. new text end

new text begin After-school community learning programs. new text end

new text begin (a) For a grant to Ignite
Afterschool for community learning programs:
new text end

new text begin $
new text end
new text begin 5,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) Grant funds must be used to provide academic and enrichment activities in the
2020-2021 school year and the summer of 2021 to elementary and secondary school students
who experienced learning loss during the 2020-2021 school year. Programs receiving funds
must provide student supports through social and emotional learning.
new text end

new text begin (c) To the extent practicable, Ignite Afterschool must use half of the grant funds to
expand existing after-school and summer programs, and half of the grant funds to develop
new partnerships with organizations that provide after-school programming. To the extent
practicable, Ignite Afterschool must ensure that half of the grant funds are used for programs
in the seven-county metropolitan area and half of the grant funds are used for programs
outside the seven-county metropolitan area.
new text end

new text begin (d) Ignite Afterschool must prioritize funding for programs that:
new text end

new text begin (1) provide programming to support students in receiving instruction in a distance or
hybrid learning model;
new text end

new text begin (2) include significant percentages of students with disabilities or students of color within
the groups of students served;
new text end

new text begin (3) provide culturally specific support to students; or
new text end

new text begin (4) have staff members who reflect the racial and ethnic diversity of the students served.
new text end

new text begin (e) Ignite Afterschool must report to the commissioner of education whether the programs
that received grant funds met the criteria in paragraph (d) and the amount that each program
received, and must require organizations receiving grant funds to report to the commissioner
of education on the number of students served, including the number of students with
disabilities or students of color served, and how the program addressed learning loss.
new text end

new text begin (f) Ignite Afterschool may retain up to seven percent of the appropriation to provide
technical assistance and professional development to grant recipients and three percent of
the appropriation to administer the grants.
new text end

new text begin (g) This is a onetime appropriation and is available until June 30, 2022.
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. 4. new text beginAPPROPRIATIONS; DEPARTMENT OF HUMAN SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Human Services. new text end

new text begin The sum in this section is appropriated
from the general fund to the commissioner of human services for the fiscal year designated.
new text end

new text begin Subd. 2. new text end

new text begin School-linked mental health. new text end

new text begin (a) For expanding school-linked mental health
grants:
new text end

new text begin $
new text end
new text begin 6,011,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) The funding must be used to increase access to federal grants for school-linked mental
health services to provide additional outside one-on-one mental health supports to students.
These funds may be awarded to existing school-linked mental health providers through
amending current contracts.
new text end

new text begin (c) Of the amount in paragraph (a), $1,000,000 is to provide mental health supports to
teachers and other school staff, and $35,000 is for costs associated with amending existing
contracts with grantees in fiscal year 2021.
new text end

new text begin (d) This is a onetime appropriation and is available until June 30, 2022.
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

ARTICLE 2

FEDERAL FUNDS

Section 1. new text beginREPORT ON USE OF FEDERAL FUNDS.
new text end

new text begin The commissioner of education must submit a report to the legislative committees having
jurisdiction over kindergarten through grade 12 education on how federal funds received
for COVID-19 for education purposes were used. The report must identify all school districts,
charter schools, intermediate school districts, cooperative units as defined in Minnesota
Statutes, section 123A.24, subdivision 2, nonpublic schools, child care programs, and other
entities that receive the funds, the amounts distributed to the entities, and the purpose for
which the funds were distributed. The report must also identify any application or reporting
requirements an entity receiving the funds was required to follow. The report must be
submitted by January 14, 2022, in accordance with Minnesota Statutes, section 3.195.
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. new text beginFEDERAL FUNDS REPLACEMENT; APPROPRIATION.
new text end

new text begin Notwithstanding any law to the contrary, the commissioner of management and budget
must determine whether the expenditures authorized under this act are eligible uses of federal
funding received under the Coronavirus State Fiscal Recovery Fund or any other federal
funds received by the state under the American Rescue Plan Act, Public Law 117-2. If the
commissioner of management and budget determines an expenditure is eligible for funding
under Public Law 117-2, the amount of the eligible expenditure is appropriated from the
account where those amounts have been deposited and the corresponding general fund
amounts appropriated under this act are canceled to the general fund.
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