HF 1081

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/16/2021 04:20pm

A bill for an act
relating to education; modifying provisions for prekindergarten through grade 12
including general education, education excellence, teachers, charter schools, special
education, health, safety, nutrition, libraries, facilities, and state agencies; requiring
reports; amending Minnesota Statutes 2020, sections 13.32, subdivision 3; 120A.22,
subdivisions 7, 10; 120A.35; 120A.40; 120B.021, subdivisions 1, 3; 120B.024,
subdivision 1; 120B.11, subdivisions 1, 1a, 2, 3; 120B.15; 120B.21; 120B.30,
subdivision 1a, by adding subdivisions; 120B.35, subdivisions 3, 4; 121A.031,
subdivisions 5, 6; 121A.41, subdivision 10, by adding subdivisions; 121A.425;
121A.45, subdivision 1; 121A.46, subdivision 4, by adding subdivisions; 121A.47,
subdivisions 2, 14; 121A.53, subdivision 1; 121A.55; 121A.58; 121A.61; 122A.06,
subdivisions 2, 5, 6, 7, 8, by adding a subdivision; 122A.07, subdivisions 1, 2, 4a;
122A.09, subdivisions 4, 6, 9, 10; 122A.091, subdivisions 1, 2; 122A.15,
subdivision 1; 122A.16; 122A.18, subdivisions 7a, 8, 10; 122A.181, subdivisions
1, 2, 3, 4, 5, 6, by adding a subdivision; 122A.182, subdivisions 1, 2, 3, 4, 7;
122A.183, subdivisions 1, 2, 3, by adding a subdivision; 122A.184, subdivisions
1, 2; 122A.185, subdivisions 1, 4; 122A.187; 122A.19, subdivision 4; 122A.26,
subdivision 2; 122A.31, subdivision 1; 122A.40, subdivisions 5, 8; 122A.41,
subdivisions 2, 5; 122A.635, subdivisions 3, 4; 122A.70; 123B.147, subdivision
3; 124D.09, subdivisions 3, 7, 13; 124D.095, subdivision 2; 124D.111; 124D.128,
subdivisions 1, 3; 124D.74, subdivision 1; 124D.78, subdivisions 1, 3; 124D.79,
subdivision 2; 124D.791, subdivision 4; 124D.81, subdivision 1; 124D.861,
subdivision 2; 124E.02; 124E.03, subdivision 2, by adding subdivisions; 124E.05,
subdivisions 4, 6, 7; 124E.06, subdivisions 1, 4, 5; 124E.11; 124E.12, subdivision
1; 124E.13, subdivision 1; 124E.16, subdivision 1; 124E.25, subdivision 1a;
125A.08; 125A.094; 125A.0942; 134.34, subdivision 1; 144.4165; 179A.03,
subdivision 19; 290.0679, subdivision 2; 469.176, subdivision 2; 609A.03,
subdivision 7a; proposing coding for new law in Minnesota Statutes, chapters
120B; 121A; 122A; 124D; 127A; repealing Minnesota Statutes 2020, sections
120B.35, subdivision 5; 122A.091, subdivisions 3, 6; 122A.092; 122A.18,
subdivision 7c; 122A.184, subdivision 3; 122A.23, subdivision 3; 122A.2451.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2020, section 120A.35, is amended to read:

120A.35 ABSENCE FROM SCHOOL FOR RELIGIOUS OBSERVANCE.

Reasonable efforts must be made by a school district to accommodate any pupil who
wishes to be excused from a curricular activity for a religious observance. new text begin A school board
must provide to parents annual notice of the school district's policy relating to a pupil's
absence from school for religious observance.
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 2020, section 120A.40, is amended to read:

120A.40 SCHOOL CALENDAR.

(a) Except for learning programs during summer, flexible learning year programs
authorized under sections 124D.12 to 124D.127, and learning year programs under section
124D.128, a district must not commence an elementary or secondary school year before
Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops
may be held before Labor Day. Districts that enter into cooperative agreements are
encouraged to adopt similar school calendars.

(b) A district may begin the school year on any day before Labor Day:

(1) to accommodate a construction or remodeling project of $400,000 or more affecting
a district school facility;

(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35 with a
district that qualifies under clause (1); or

(3) if the district agrees to the same schedule with a school district in an adjoining state.

new text begin (c) A school board may consider the community's religious or cultural observances when
adopting an annual school calendar.
new text end

Sec. 3.

Minnesota Statutes 2020, section 124D.79, subdivision 2, is amended to read:

Subd. 2.

Technical assistance.

The commissioner shall provide technical assistance new text begin ,
which includes an annual report of American Indian student data using the state count, new text end to
districts, schools and postsecondary institutions for preservice and in-service training for
teachers, American Indian education teachers and paraprofessionals specifically designed
to implement culturally responsive teaching methods, culturally based curriculum
development, testing and testing mechanisms, and the development of materials for American
Indian education programs.

Sec. 4.

Minnesota Statutes 2020, section 124D.81, subdivision 1, is amended to read:

Subdivision 1.

Procedures.

A school district, charter school, or American
Indian-controlled Tribal contract or grant school enrolling at least 20 American Indian
students new text begin identified by the state count new text end on October 1 of the previous school year and operating
an American Indian education program according to section 124D.74 is eligible for Indian
education aid if it meets the requirements of this section. Programs may provide for contracts
for the provision of program components by nonsectarian nonpublic, community, Tribal,
charter, or alternative schools. The commissioner shall prescribe the form and manner of
application for aids, and no aid shall be made for a program not complying with the
requirements of sections 124D.71 to 124D.82.

Sec. 5.

Minnesota Statutes 2020, section 290.0679, subdivision 2, is amended to read:

Subd. 2.

Conditions for assignment.

A qualifying taxpayer may assign all or part of
an anticipated refund for the current and future taxable years to a financial institution or a
qualifying organization. A financial institution or qualifying organization accepting
assignment must pay the amount secured by the assignment to a third-party vendor. The
commissioner of education shall, upon request from a third-party vendor, certify that the
vendor's products and services qualify for the education credit. A denial of a certification
deleted text begin is subject to the contested case procedure under deleted text end new text begin may be appealed to the commissioner of
education notwithstanding new text end chapter 14. A financial institution or qualifying organization that
accepts assignments under this section must verify as part of the assignment documentation
that the product or service to be provided by the third-party vendor has been certified by
the commissioner of education as qualifying for the education credit. The amount assigned
for the current and future taxable years may not exceed the maximum allowable education
credit for the current taxable year. Both the taxpayer and spouse must consent to the
assignment of a refund from a joint return.

Sec. 6.

Minnesota Statutes 2020, section 469.176, subdivision 2, is amended to read:

Subd. 2.

Excess increments.

(a) The authority shall annually determine the amount of
excess increments for a district, if any. This determination must be based on the tax increment
financing plan in effect on December 31 of the year and the increments and other revenues
received as of December 31 of the year. The authority must spend or return the excess
increments under paragraph (c) within nine months after the end of the year.

(b) For purposes of this subdivision, "excess increments" equals the excess of:

(1) total increments collected from the district since its certification, reduced by any
excess increments paid under paragraph (c), clause (4), for a prior year, over

(2) the total costs authorized by the tax increment financing plan to be paid with
increments from the district, reduced, but not below zero, by the sum of:

(i) the amounts of those authorized costs that have been paid from sources other than
tax increments from the district;

(ii) revenues, other than tax increments from the district, that are dedicated for or
otherwise required to be used to pay those authorized costs and that the authority has received
and that are not included in item (i);

(iii) the amount of principal and interest obligations due on outstanding bonds after
December 31 of the year and not prepaid under paragraph (c) in a prior year; and

(iv) increased by the sum of the transfers of increments made under section 469.1763,
subdivision 6, to reduce deficits in other districts made by December 31 of the year.

(c) The authority shall use excess increment only to do one or more of the following:

(1) prepay any outstanding bonds;

(2) discharge the pledge of tax increment for any outstanding bonds;

(3) pay into an escrow account dedicated to the payment of any outstanding bonds; or

(4) return the excess amount to the county auditor who shall distribute the excess amount
to the city or town, county, and school district in which the tax increment financing district
is located in direct proportion to their respective local tax rates.

(d) For purposes of a district for which the request for certification was made prior to
August 1, 1979, excess increments equal the amount of increments on hand on December
31, less the principal and interest obligations due on outstanding bonds or advances,
qualifying under subdivision 1c, clauses (1), (2), (4), and (5), after December 31 of the year
and not prepaid under paragraph (c).

(e) The county auditor must new text begin , prior to February 1 of each year, new text end report to the commissioner
of education the amount of any excess tax increment distributed to a school district deleted text begin within
30 days of the distribution deleted text end new text begin for the preceding taxable year new text end .

(f) For purposes of this subdivision, "outstanding bonds" means bonds which are secured
by increments from the district.

(g) The state auditor may exempt an authority from reporting the amounts calculated
under this subdivision for a calendar year, if the authority certifies to the auditor in its report
that the total amount authorized by the tax increment plan to be paid with increments from
the district exceeds the sum of the total increments collected for the district for all years by
20 percent.

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2020, section 13.32, subdivision 3, is amended to read:

Subd. 3.

Private data; when disclosure is permitted.

Except as provided in subdivision
5, educational data is private data on individuals and shall not be disclosed except as follows:

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

(c) pursuant to a statute specifically authorizing access to the private data;

(d) to disclose information in health, including mental health, and safety emergencies
pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code
of Federal Regulations, title 34, section 99.36;

(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;

(f) to appropriate health authorities to the extent necessary to administer immunization
programs and for bona fide epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to individuals in the public
educational agency or institution in which the investigation is being conducted;

(g) when disclosure is required for institutions that participate in a program under title
IV of the Higher Education Act, United States Code, title 20, section 1092;

(h) to the appropriate school district officials to the extent necessary under subdivision
6, annually to indicate the extent and content of remedial instruction, including the results
of assessment testing and academic performance at a postsecondary institution during the
previous academic year by a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;

(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
system to effectively serve, prior to adjudication, the student whose records are released;
provided that the authorities to whom the data are released submit a written request for the
data that certifies that the data will not be disclosed to any other person except as authorized
by law without the written consent of the parent of the student and the request and a record
of the release are maintained in the student's file;

(j) to volunteers who are determined to have a legitimate educational interest in the data
and who are conducting activities and events sponsored by or endorsed by the educational
agency or institution for students or former students;

(k) to provide student recruiting information, from educational data held by colleges
and universities, as required by and subject to Code of Federal Regulations, title 32, section
216;

(l) to the juvenile justice system if information about the behavior of a student who poses
a risk of harm is reasonably necessary to protect the health or safety of the student or other
individuals;

(m) with respect to Social Security numbers of students in the adult basic education
system, to Minnesota State Colleges and Universities and the Department of Employment
and Economic Development for the purpose and in the manner described in section 124D.52,
subdivision 7;

(n) to the commissioner of education for purposes of an assessment or investigation of
a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request
by the commissioner of education, data that are relevant to a report of maltreatment and are
from charter school and school district investigations of alleged maltreatment of a student
must be disclosed to the commissioner, including, but not limited to, the following:

(1) information regarding the student alleged to have been maltreated;

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

(4) what corrective or protective action was taken, if any, by the school facility in response
to a report of maltreatment by an employee or agent of the school or school district;

(o) when the disclosure is of the final results of a disciplinary proceeding on a charge
of a crime of violence or nonforcible sex offense to the extent authorized under United
States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title
34, sections 99.31 (a)(13) and (14);

(p) when the disclosure is information provided to the institution under United States
Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7); deleted text begin or
deleted text end

(q) when the disclosure is to a parent of a student at an institution of postsecondary
education regarding the student's violation of any federal, state, or local law or of any rule
or policy of the institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution
has an information release form signed by the student authorizing disclosure to a parent.
The institution must notify parents and students about the purpose and availability of the
information release forms. At a minimum, the institution must distribute the information
release forms at parent and student orientation meetings deleted text begin . deleted text end new text begin ; or
new text end

new text begin (r) with Tribal Nations about Tribally enrolled or descendant students to the extent
necessary for the Tribal Nation and school district or charter school to support the educational
attainment of the student.
new text end

Sec. 2.

Minnesota Statutes 2020, section 120A.22, subdivision 7, is amended to read:

Subd. 7.

Education records.

(a) A district, a charter school, or a nonpublic school that
receives services or aid under sections 123B.40 to 123B.48 from which a student is
transferring must transmit the student's educational records, within ten business days of a
request, to the district, the charter school, or the nonpublic school in which the student is
enrolling. Districts, charter schools, and nonpublic schools that receive services or aid under
sections 123B.40 to 123B.48 must make reasonable efforts to determine the district, the
charter school, or the nonpublic school in which a transferring student is next enrolling in
order to comply with this subdivision.

(b) A closed charter school must transfer the student's educational records, within ten
business days of the school's closure, to the student's school district of residence where the
records must be retained unless the records are otherwise transferred under this subdivision.

(c) A school district, a charter school, or a nonpublic school that receives services or aid
under sections 123B.40 to 123B.48 that transmits a student's educational records to another
school district or other educational entity, charter school, or nonpublic school to which the
student is transferring must include in the transmitted records information about any formal
suspension, expulsion, and exclusion disciplinary action new text begin , as well as pupil withdrawals, new text end under
sections 121A.40 to 121A.56. new text begin The transmitted records must include services a pupil needs
to prevent the inappropriate behavior from recurring. new text end The district, the charter school, or the
nonpublic school that receives services or aid under sections 123B.40 to 123B.48 must
provide notice to a student and the student's parent or guardian that formal disciplinary
records will be transferred as part of the student's educational record, in accordance with
data practices under chapter 13 and the Family Educational Rights and Privacy Act of 1974,
United States Code, title 20, section 1232(g).

(d) Notwithstanding section 138.17, a principal or chief administrative officer must
remove from a student's educational record and destroy a probable cause notice received
under section 260B.171, subdivision 5, or paragraph (e), if one year has elapsed since the
date of the notice and the principal or chief administrative officer has not received a
disposition or court order related to the offense described in the notice. This paragraph does
not apply if the student no longer attends the school when this one-year period expires.

(e) A principal or chief administrative officer who receives a probable cause notice under
section 260B.171, subdivision 5, or a disposition or court order, must include a copy of that
data in the student's educational records if they are transmitted to another school, unless the
data are required to be destroyed under paragraph (d) or section 121A.75.

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. 3.

Minnesota Statutes 2020, section 120A.22, subdivision 10, is amended to read:

Subd. 10.

Requirements for instructors.

A person who is providing instruction to a
child must meet at least one of the following requirements:

(1) hold a valid Minnesota teaching license in the field and for the grade level taught;

(2) be directly supervised by a person holding a valid Minnesota teaching license;

deleted text begin (3) successfully complete a teacher competency examination;
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end provide instruction in a school that is accredited by an accrediting agency,
recognized according to section 123B.445, or recognized by the commissioner;

deleted text begin (5) deleted text end new text begin (4) new text end hold a baccalaureate degree; or

deleted text begin (6) deleted text end new text begin (5) new text end be the parent of a child who is assessed according to the procedures in subdivision
11.

Any person providing instruction in a public school must meet the requirements of clause
(1).

Sec. 4.

Minnesota Statutes 2020, section 120B.021, subdivision 1, is amended to read:

Subdivision 1.

Required academic standards.

(a) The following subject areas are
required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography, economics, and government and
citizenship that includes civics consistent with section 120B.02, subdivision 3;

(5) physical education;

(6) health, for which locally developed academic standards apply; and

(7) the arts deleted text begin , for which statewide or locally developed academic standards apply, as
determined by the school district deleted text end . Public elementary and middle schools must offer at least
three and require at least two of the following deleted text begin four deleted text end new text begin five new text end arts areas: dance; new text begin media arts; new text end music;
theater; and visual arts. Public high schools must offer at least three and require at least one
of the following five arts areas: media arts; dance; music; theater; and visual arts.

(b) For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
program team has determined that the required academic standards are inappropriate. An
individualized education program team that makes this determination must establish
alternative standards.

(c) The department must adopt the most recent SHAPE America (Society of Health and
Physical Educators) kindergarten through grade 12 standards and benchmarks for physical
education as the required physical education academic standards. The department may
modify and adapt the national standards to accommodate state interest. The modification
and adaptations must maintain the purpose and integrity of the national standards. The
department must make available sample assessments, which school districts may use as an
alternative to local assessments, to assess students' mastery of the physical education
standards beginning in the 2018-2019 school year.

(d) A school district may include child sexual abuse prevention instruction in a health
curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention
instruction may include age-appropriate instruction on recognizing sexual abuse and assault,
boundary violations, and ways offenders groom or desensitize victims, as well as strategies
to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may
provide instruction under this paragraph in a variety of ways, including at an annual assembly
or classroom presentation. A school district may also provide parents information on the
warning signs of child sexual abuse and available resources.

(e) District efforts to develop, implement, or improve instruction or curriculum as a
result of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.

Sec. 5.

Minnesota Statutes 2020, section 120B.021, subdivision 3, is amended to read:

Subd. 3.

Rulemaking.

The commissioner, consistent with the requirements of this section
and section 120B.022, must adopt statewide rules under section 14.389 for implementing
statewide rigorous core academic standards in language arts, mathematics, science, social
studies, physical education, and the arts. After the rules authorized under this subdivision
are initially adopted, the commissioner may not amend or repeal these rules nor adopt new
rules on the same topic without specific legislative authorization new text begin unless done pursuant to
subdivision 4 new text end .

Sec. 6.

Minnesota Statutes 2020, section 120B.024, subdivision 1, is amended to read:

Subdivision 1.

Graduation requirements.

(a) Students deleted text begin beginning 9th grade in the
2011-2012 school year and later deleted text end must successfully complete the following high school level
credits for graduation:

(1) four credits of language arts sufficient to satisfy all of the academic standards in
English language arts;

(2) three credits of mathematics, including an algebra II credit or its equivalent, sufficient
to satisfy all of the academic standards in mathematics;

(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th grade
standards in mathematics new text begin . The credit does not bear high school credit new text end ;

(4) three credits of science, including at least one credit of biology, one credit of chemistry
or physics, and one elective credit of science. The combination of credits under this clause
must be sufficient to satisfy (i) all of the academic standards in either chemistry or physics
and (ii) all other academic standards in science;

(5) three and one-half credits of social studies, new text begin including credit for a course in government
and citizenship in either 11th or 12th grade for students beginning 9th grade in the 2022-2023
school year and later or an advanced placement, international baccalaureate, or other rigorous
course on government and citizenship under section 120B.021, subdivision 1a, and a
combination of other credits new text end encompassing at least United States history, geography,
government and citizenship, world history, and economics sufficient to satisfy all of the
academic standards in social studies;

(6) one credit of the arts sufficient to satisfy all of the deleted text begin state or local deleted text end academic standards
in the arts; and

(7) a minimum of seven elective credits.

(b) A school district is encouraged to offer a course for credit in government and
citizenship to 11th or 12th grade students who begin 9th grade in the 2020-2021 school year
and later, that satisfies the government and citizenship requirement in paragraph (a), clause
(5). new text begin A school district must offer the course starting in the 2022-2023 school year.
new text end

new text begin (c) Students beginning 9th grade in the 2022-2023 school year and later must successfully
complete a personal finance course for credit during their senior year of high school. The
course must include but is not limited to the following topics: creating a household budget;
taking out loans and accruing debt, including how interest works; home mortgages; how to
file taxes; the impact of student loan debt; and how to read a paycheck and payroll deductions.
Notwithstanding section 124D.095, a district may provide a personal finance course through
online instruction, in-person instruction, or a combination of in-person and online instruction.
new text end

Sec. 7.

Minnesota Statutes 2020, section 120B.11, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this section and section 120B.10, the
following terms have the meanings given them.

(a) "Instruction" means methods of providing learning experiences that enable a student
to meet state and district academic standards and graduation requirements including applied
and experiential learning.

(b) "Curriculum" means district or school adopted programs and written plans for
providing students with learning experiences that lead to expected knowledge and skills
and career and college readiness.

(c) "World's best workforce" means striving to: meet school readiness goals; have all
third grade students achieve grade-level literacy; close the academic achievement gap among
all racial and ethnic groups of students and between students living in poverty and students
not living in poverty; have all students attain career and college readiness before graduating
from high school; and have all students graduate from high school.

(d) "Experiential learning" means learning for students that includes career exploration
through a specific class or course or through work-based experiences such as job shadowing,
mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative
work experience, youth apprenticeship, or employment.

new text begin (e) "Ethnic studies curriculum" means the critical and interdisciplinary study of race,
ethnicity, and indigeneity with a focus on the experiences and perspectives of people of
color within and beyond the United States. The ethnic studies curriculum may be integrated
in existing curricular opportunities or provided through additional curricular offerings.
new text end

new text begin (f) "Rigorous" means meeting state K-12 academic standards.
new text end

new text begin (g) "Anti-racist" means the active process of identifying and eliminating racism by
changing systems, organizational structures, policies, practices, attitudes, and dispositions
so that power and resources are redistributed and shared equitably.
new text end

new text begin (h) "Culturally sustaining" means integrating content and practices that infuse the culture
and language of Black, Indigenous, and People of Color communities who have been and
continue to be harmed and erased through schooling.
new text end

new text begin (i) "Institutional racism" means policies and practices within and across institutions that
produce outcomes that chronically favor white people and predictably disadvantage those
who are Black, Indigenous, and People of Color.
new text end

new text begin (j) "On track for graduation" means that at the end of grade 9, a student has earned at
least five credits and has received no more than one failing grade in a semester in a course
in language arts, mathematics, science, or social studies. A student is off track for graduation
if the student fails to meet either of these criteria.
new text end

Sec. 8.

Minnesota Statutes 2020, section 120B.11, subdivision 1a, is amended to read:

Subd. 1a.

Performance measures.

new text begin (a) new text end Measures to determine school district and school
site progress in striving to create the world's best workforce must include at least:

(1) the size of the academic achievement gap, rigorous course taking under section
120B.35, subdivision 3, paragraph (c), clause (2), new text begin participation in honors or gifted and
talented programming, new text end and enrichment experiences by student subgroup;

(2) student performance on the Minnesota Comprehensive Assessments;

(3) high school graduation rates; deleted text begin and
deleted text end

(4) career and college readiness under section 120B.30, subdivision 1 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) the number and percentage of students, by student subgroup, who are on track for
graduation.
new text end

new text begin (b) A school district that offers advanced placement, international baccalaureate, or dual
enrollment programs must report on the following performance measures starting in the
2023-2024 school year:
new text end

new text begin (1) participation in postsecondary enrollment options and concurrent enrollment programs;
new text end

new text begin (2) the number of students who took an advanced placement exam and the number of
students who passed the exam; and
new text end

new text begin (3) the number of students who took the international baccalaureate exam and the number
of students who passed the exam.
new text end

new text begin (c) Performance measures under this subdivision must be reported for all student
subgroups identified in section 120B.35, subdivision 3, paragraph (b), clause (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 9.

Minnesota Statutes 2020, section 120B.11, subdivision 2, is amended to read:

Subd. 2.

Adopting plans and budgets.

A school board, at a public meeting, deleted text begin shall deleted text end new text begin must new text end
adopt a comprehensive, long-term strategic plan to support and improve teaching and
learning that is aligned with creating the world's best workforce and includes:

(1) clearly defined district and school site goals and benchmarks for instruction and
student achievement for all student subgroups identified in section 120B.35, subdivision 3,
paragraph (b), clause (2);

(2) a process to assess and evaluate each student's progress toward meeting state and
local academic standards, assess and identify students to participate in gifted and talented
programs and accelerate their instruction, and adopt early-admission procedures consistent
with section 120B.15, and identifying the strengths and weaknesses of instruction in pursuit
of student and school success and curriculum affecting students' progress and growth toward
career and college readiness and leading to the world's best workforce;

(3) a system to periodically review and evaluate the effectiveness of all instruction and
curriculum, taking into account strategies and best practices, student outcomes, school
principal evaluations under section 123B.147, subdivision 3, students' access to effective
teachers who are members of populations underrepresented among the licensed teachers in
the district or school and who reflect the diversity of enrolled students under section 120B.35,
subdivision 3, paragraph (b), clause (2), and teacher evaluations under section 122A.40,
subdivision 8, or 122A.41, subdivision 5;

(4) strategies for improving instruction, curriculum, and student achievement, including new text begin :
(i) new text end the English and, where practicable, the native language development and the academic
achievement of English learners new text begin ; and (ii) access to ethnic studies curriculum using culturally
responsive methodologies for all learners new text end ;

(5) a process to examine the equitable distribution of teachers and strategies to ensure
new text begin children from new text end low-income deleted text begin and minority children deleted text end new text begin families, families of color, and American
Indian families new text end are not taught at higher rates than other children by inexperienced, ineffective,
or out-of-field teachers;

(6) education effectiveness practices that new text begin :
new text end

new text begin (i) new text end integrate high-quality instruction, deleted text begin rigorous curriculum, deleted text end technology, and new text begin curriculum
that is rigorous, accurate, anti-racist, and culturally sustaining;
new text end

new text begin (ii) ensure learning and work environments validate, affirm, embrace, and integrate
cultural and community strengths for all students, families, and employees; and
new text end

new text begin (iii) provide new text end a collaborative professional culture that deleted text begin develops and supports deleted text end new text begin seeks to
retain qualified, racially and ethnically diverse staff effective at working with diverse students
while developing and supporting new text end teacher quality, performance, and effectiveness; and

(7) an annual budget for continuing to implement the district plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all strategic plans reviewed and
updated after the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2020, section 120B.11, subdivision 3, is amended to read:

Subd. 3.

District advisory committee.

Each school board deleted text begin shall deleted text end new text begin must new text end establish an advisory
committee to ensure active community participation in all phases of planning and improving
the instruction and curriculum affecting state and district academic standards, consistent
with subdivision 2. A district advisory committee, to the extent possible, deleted text begin shall deleted text end new text begin must new text end reflect
the diversity of the district and its school sites, include teachers, parents, support staff,
students, and other community residents, and provide translation to the extent appropriate
and practicable. The district advisory committee deleted text begin shall deleted text end new text begin must new text end pursue community support to
accelerate the academic and native literacy and achievement of English learners with varied
needs, from young children to adults, consistent with section 124D.59, subdivisions 2 and
2a. The district may establish site teams as subcommittees of the district advisory committee
under subdivision 4. The district advisory committee deleted text begin shall deleted text end new text begin must new text end recommend to the school
board new text begin : new text end rigorous academic standards deleted text begin , deleted text end new text begin ; new text end student achievement goals and measures consistent
with subdivision 1a and sections 120B.022, subdivisions 1a and 1b, and 120B.35 deleted text begin , deleted text end new text begin ; new text end district
assessments deleted text begin , deleted text end new text begin ; new text end means to improve students' equitable access to effective and more diverse
teachers deleted text begin , deleted text end new text begin ; strategies to ensure the curriculum is rigorous, accurate, anti-racist, and culturally
sustaining; strategies to ensure that curriculum and learning and work environments validate,
affirm, embrace, and integrate the cultural and community strengths of all racial and ethnic
groups; new text end and program evaluations. School sites may expand upon district evaluations of
instruction, curriculum, assessments, or programs. Whenever possible, parents and other
community residents deleted text begin shall deleted text end new text begin must new text end comprise at least two-thirds of advisory committee members.

Sec. 11.

new text begin [120B.113] EQUITABLE SCHOOL ENHANCEMENT GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Grant program established. new text end

new text begin The commissioner of education must
establish a grant program to support implementation of world's best workforce strategies
under section 120B.11, subdivision 2, clauses (4) and (6), to support collaborative efforts
that address issues of curricular, environmental, and structural inequities in schools that
create opportunity and achievement gaps for students, families, and staff who are of color
or who are American Indian.
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 following terms have the
meanings given.
new text end

new text begin (b) "Anti-racist" means the active process of identifying and eliminating racism by
changing systems, organizational structures, policies, practices, attitudes, and dispositions
so that power and resources are redistributed and shared equitably.
new text end

new text begin (c) "Curricular" means curriculum resources used and content taught as well as access
to levels of coursework or types of learning opportunities.
new text end

new text begin (d) "Environmental" means relating to the climate and culture of a school.
new text end

new text begin (e) "Equitable" means fairness by providing curriculum, instruction, support, and other
resources for learning based on the needs of individual students and groups of students to
succeed at school rather than treating all students the same. Equitable schools close
opportunity and achievement gaps.
new text end

new text begin (f) "Institutional racism" means policies and practices within and across institutions that
produce outcomes that chronically favor white people and predictably disadvantage those
who are Black, Indigenous, and People of Color.
new text end

new text begin (g) "Structural" means relating to the organization and systems of a school that have
been created to manage a school.
new text end

new text begin Subd. 3. new text end

new text begin Applications and grant awards. new text end

new text begin The commissioner must determine application
procedures and deadlines, select schools to participate in the grant program, and determine
the award amount and payment process of the grants. To the extent that there are sufficient
applications, the commissioner must award an approximately equal number of grants between
districts in greater Minnesota and those in the Twin Cities metropolitan area. If there are
an insufficient number of applications received for either geographic area, the commissioner
may award grants to meet the requests for funds wherever a district is located.
new text end

new text begin Subd. 4. new text end

new text begin Description. new text end

new text begin The grant program must provide funding that supports collaborative
efforts that ensure school climate and curriculum incorporate equitable, anti-racist educational
practices that:
new text end

new text begin (1) validate, affirm, embrace, and integrate cultural and community strengths of students,
families, and employees from all racial and ethnic backgrounds; and
new text end

new text begin (2) address institutional racism with equitable school policies, structures, and practices,
consistent with the requirements for long-term plans under section 124D.861, subdivision
2, paragraph (c).
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin Grant recipients must annually report to the commissioner by a date
and in a form and manner determined by the commissioner on efforts planned and
implemented that engaged students, families, educators, and community members of diverse
racial and ethnic backgrounds in making improvements to school climate and curriculum.
The report must assess the impact of those efforts as perceived by racially and ethnically
diverse stakeholders, and must identify any areas needed for further continuous improvement.
The commissioner must publish a report for the public summarizing the activities of grant
recipients and what was done to promote sharing of effective practices among grant recipients
and potential grant applicants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 12.

Minnesota Statutes 2020, section 120B.15, is amended to read:

120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS new text begin AND SERVICES new text end .

(a) School districts may identify students, locally develop programs new text begin and services new text end
addressing instructional and affective needs, provide staff development, and evaluate
programs new text begin and services new text end to provide gifted and talented students with challenging and
appropriate educational programs new text begin and services new text end .

(b) School districts must adopt guidelines for assessing and identifying students for
participation in gifted and talented programs new text begin and services new text end consistent with section 120B.11,
subdivision 2, clause (2). The guidelines should include the use of:

(1) multiple and objective criteria; and

(2) assessments and procedures that are valid and reliable, fair, and based on current
theory and research. Assessments and procedures deleted text begin should deleted text end new text begin must new text end be sensitive new text begin and equitable new text end
to underrepresented groups, including, but not limited to, low-income new text begin students new text end , deleted text begin minority deleted text end new text begin
students of color and American Indian students new text end , twice-exceptional new text begin students, students with
section 504 plans new text end , and English learners. new text begin Assessments and procedures must be coordinated
to allow for optimal identification of programs and services for underrepresented groups.
new text end

(c) School districts must adopt procedures for the academic acceleration of gifted and
talented students consistent with section 120B.11, subdivision 2, clause (2). These procedures
must include how the district will:

(1) assess a student's readiness and motivation for acceleration; and

(2) match the level, complexity, and pace of the curriculum to a student to achieve the
best type of academic acceleration for that student.

(d) School districts must adopt procedures consistent with section 124D.02, subdivision
1, for early admission to kindergarten or first grade of gifted and talented learners consistent
with section 120B.11, subdivision 2, clause (2). The procedures must be sensitive to
underrepresented groups.

Sec. 13.

Minnesota Statutes 2020, section 120B.30, subdivision 1a, is amended to read:

Subd. 1a.

Statewide and local assessments; results.

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

deleted text begin (1) "Computer-adaptive assessments" means fully adaptive assessments.
deleted text end

deleted text begin (2) "Fully adaptive assessments" include test items that are on-grade level and items that
may be above or below a student's grade level.
deleted text end

deleted text begin (3) "On-grade level" test items contain subject area content that is aligned to state
academic standards for the grade level of the student taking the assessment.
deleted text end

deleted text begin (4) "Above-grade level" test items contain subject area content that is above the grade
level of the student taking the assessment and is considered aligned with state academic
standards to the extent it is aligned with content represented in state academic standards
above the grade level of the student taking the assessment. Notwithstanding the student's
grade level, administering above-grade level test items to a student does not violate the
requirement that state assessments must be aligned with state standards.
deleted text end

deleted text begin (5) "Below-grade level" test items contain subject area content that is below the grade
level of the student taking the test and is considered aligned with state academic standards
to the extent it is aligned with content represented in state academic standards below the
student's current grade level. Notwithstanding the student's grade level, administering
below-grade level test items to a student does not violate the requirement that state
assessments must be aligned with state standards.
deleted text end

deleted text begin (b) The commissioner must use fully adaptive mathematics and reading assessments for
grades 3 through 8.
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end For purposes of conforming with existing federal educational accountability
requirements, the commissioner must develop and implement computer-adaptive reading
and mathematics assessments for grades 3 through 8, state-developed high school reading
and mathematics tests aligned with state academic standards, a high school writing test
aligned with state standards when it becomes available, and science assessments under
clause (2) that districts and sites must use to monitor student growth toward achieving those
standards. The commissioner must not develop statewide assessments for academic standards
in social studies, health and physical education, and the arts. The commissioner must require:

(1) annual computer-adaptive reading and mathematics assessments in grades 3 through
8, and high school reading, writing, and mathematics tests; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the grades
6 through 8 span, and a life sciences assessment in the grades 9 through 12 span, and the
commissioner must not require students to achieve a passing score on high school science
assessments as a condition of receiving a high school diploma.

deleted text begin (d) deleted text end new text begin (b) new text end The commissioner must ensure that for annual computer-adaptive assessments:

(1) individual student performance data and achievement reports are available within
three school days of when students take an assessment except in a year when an assessment
reflects new performance standards;

(2) growth information is available for each student from the student's first assessment
to each proximate assessment using a constant measurement scale;

(3) parents, teachers, and school administrators are able to use elementary and middle
school student performance data to project students' secondary and postsecondary
achievement; and

(4) useful diagnostic information about areas of students' academic strengths and
weaknesses is available to teachers and school administrators for improving student
instruction and indicating the specific skills and concepts that should be introduced and
developed for students at given performance levels, organized by strands within subject
areas, and aligned to state academic standards.

deleted text begin (e) deleted text end new text begin (c) new text end The commissioner must ensure that all state tests administered to elementary and
secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.

deleted text begin (f) deleted text end new text begin (d) new text end Reporting of state assessment results must:

(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;

(2) include a growth indicator of student achievement; and

(3) determine whether students have met the state's academic standards.

deleted text begin (g) deleted text end new text begin (e) new text end Consistent with applicable federal law, the commissioner must include appropriate,
technically sound accommodations or alternative assessments for the very few students with
disabilities for whom statewide assessments are inappropriate and for English learners.

deleted text begin (h) deleted text end new text begin (f) new text end A school, school district, and charter school must administer statewide assessments
under this section, as the assessments become available, to evaluate student progress toward
career and college readiness in the context of the state's academic standards. A school,
school district, or charter school may use a student's performance on a statewide assessment
as one of multiple criteria to determine grade promotion or retention. A school, school
district, or charter school may use a high school student's performance on a statewide
assessment as a percentage of the student's final grade in a course, or place a student's
assessment score on the student's transcript.

Sec. 14.

Minnesota Statutes 2020, section 120B.30, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Remote testing. new text end

new text begin The commissioner must develop and publish security and
privacy policies and procedures for students and educators to support remote testing.
new text end

Sec. 15.

Minnesota Statutes 2020, section 120B.30, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin National and international education comparisons. new text end

new text begin Each public district and
school selected to participate in the national assessment of educational progress must do so
pursuant to United States Code, title 20, section 6312(c)(2), as in effect on December 10,
2015, or similar national or international assessments, both for the national sample and for
any state-by-state comparison programs that may be initiated, as directed by the
commissioner. The assessments must be conducted using the data collection procedures,
student surveys, educator surveys, and other instruments included in the National Assessment
of Educational Progress or similar national or international assessments being administered
in Minnesota. The administration of the assessments must be in addition to and separate
from the administration of the statewide, standardized assessments.
new text end

Sec. 16.

Minnesota Statutes 2020, section 120B.35, subdivision 3, is amended to read:

Subd. 3.

State growth target; other state measures.

(a)(1) The state's educational
assessment system measuring individual students' educational growth is based on indicators
of achievement growth that show an individual student's prior achievement. Indicators of
achievement and prior achievement must be based on highly reliable statewide or districtwide
assessments.

(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and
report new text begin , as soon as practicable, new text end separate categories of information using the student categories
identified under the federal Elementary and Secondary Education Act, as most recently
reauthorized, and, in addition to "other" for each race and ethnicity, and the Karen
community, seven of the most populous Asian deleted text begin and Pacific Islander deleted text end groups, three of the most
populous Native groups, seven of the most populous Hispanic/Latino groups, and five of
the most populous Black and African Heritage groups deleted text begin as determined by the total Minnesota
population based on the most recent American Community Survey; deleted text end new text begin . These groups must be
determined by a ten-year cycle using the American Community Survey of the total Minnesota
population. The determination must be based on the most recent five-year dataset starting
with the 2021-2025 dataset. Additional categories must include new text end English learners under
section 124D.59; home language; free or reduced-price lunch; and all students enrolled in
a Minnesota public school who are currently or were previously in foster care, except that
such disaggregation and cross tabulation is not required if the number of students in a
category is insufficient to yield statistically reliable information or the results would reveal
personally identifiable information about an individual student.

(b) The commissioner, in consultation with a stakeholder group that includes assessment
and evaluation directors, district staff, experts in culturally responsive teaching, and
researchers, must implement a growth model that compares the difference in students'
achievement scores over time, and includes criteria for identifying schools and school
districts that demonstrate academic progress. The model may be used to advance educators'
professional development and replicate programs that succeed in meeting students' diverse
learning needs. Data on individual teachers generated under the model are personnel data
under section 13.43. The model must allow users to:

(1) report student growth consistent with this paragraph; and

(2) for all student categories, report and compare aggregated and disaggregated state
student growth and, under section 120B.11, subdivision 2, clause (2), student learning and
outcome data using the student categories identified under the federal Elementary and
Secondary Education Act, as most recently reauthorized, and other student categories under
paragraph (a), clause (2).

The commissioner must report measures of student growth and, under section 120B.11,
subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph,
including the English language development, academic progress, and oral academic
development of English learners and their native language development if the native language
is used as a language of instruction, and include data on all pupils enrolled in a Minnesota
public school course or program who are currently or were previously counted as an English
learner under section 124D.59.

(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:

(1) a preparation measure indicating the number and percentage of high school graduates
in the most recent school year who completed course work important to preparing them for
postsecondary academic and career opportunities, consistent with the core academic subjects
required for admission to Minnesota's public colleges and universities as determined by the
Office of Higher Education under chapter 136A; and

(2) a rigorous coursework measure indicating the number and percentage of high school
graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.

When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and other student categories under paragraph (a), clause (2).

(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school safety
and students' engagement and connection at school, consistent with the student categories
identified under paragraph (a), clause (2). The summary data under this paragraph are
separate from and must not be used for any purpose related to measuring or evaluating the
performance of classroom teachers. The commissioner, in consultation with qualified experts
on student engagement and connection and classroom teachers, must identify highly reliable
variables that generate summary data under this paragraph. The summary data may be used
at school, district, and state levels only. Any data on individuals received, collected, or
created that are used to generate the summary data under this paragraph are nonpublic data
under section 13.02, subdivision 9.

(e) For purposes of statewide educational accountability, the commissioner must identify
and report measures that demonstrate the success of learning year program providers under
sections 123A.05 and 124D.68, among other such providers, in improving students'
graduation outcomes. The commissioner, beginning July 1, 2015, must annually report
summary data on:

(1) the four- and six-year graduation rates of students under this paragraph;

(2) the percent of students under this paragraph whose progress and performance levels
are meeting career and college readiness benchmarks under section 120B.30, subdivision
1; and

(3) the success that learning year program providers experience in:

(i) identifying at-risk and off-track student populations by grade;

(ii) providing successful prevention and intervention strategies for at-risk students;

(iii) providing successful recuperative and recovery or reenrollment strategies for off-track
students; and

(iv) improving the graduation outcomes of at-risk and off-track students.

The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.

(f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of all English
learners enrolled in a Minnesota public school course or program who are currently or were
previously counted as an English learner under section 124D.59, must identify and report
appropriate and effective measures to improve current categories of language difficulty and
assessments, and monitor and report data on students' English proficiency levels, program
placement, and academic language development, including oral academic language.

(g) When reporting four- and six-year graduation rates, the commissioner or school
district must disaggregate the data by student categories according to paragraph (a), clause
(2).

(h) A school district must inform parents and guardians that volunteering information
on student categories not required by the most recent reauthorization of the Elementary and
Secondary Education Act is optional and will not violate the privacy of students or their
families, parents, or guardians. The notice must state the purpose for collecting the student
data.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The
next update to the data used to determine the most populous groups must be implemented
in 2026 using the 2021-2025 dataset.
new text end

Sec. 17.

Minnesota Statutes 2020, section 120B.35, subdivision 4, is amended to read:

Subd. 4.

Improving schools.

Consistent with the requirements of this section, deleted text begin beginning
June 20, 2012, deleted text end the commissioner of education must annually report to the public and the
legislature best practices implemented in those schools that are identified as high performing
deleted text begin under federal expectations deleted text end .

Sec. 18.

new text begin [121A.041] AMERICAN INDIAN MASCOTS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin (a) A school district may not have or adopt a name, symbol,
or image that depicts or refers to an American Indian Tribe, individual, custom, or tradition
to be used as a mascot, nickname, logo, letterhead, or team name of the district or school
within the district.
new text end

new text begin (b) A school district may seek an exemption to paragraph (a) by submitting a request in
writing to the Tribal Nations Education Committee and the Indian Affairs Council, which
jointly shall have discretion to grant such an exemption.
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 following terms have the
meanings given.
new text end

new text begin (b) "American Indian" means an individual who is:
new text end

new text begin (1) a member of an Indian Tribe or band, as membership is defined by the Tribe or band,
including:
new text end

new text begin (i) any Tribe or band terminated since 1940; and
new text end

new text begin (ii) any Tribe or band recognized by the state in which the Tribe or band resides;
new text end

new text begin (2) a descendant, in the first or second degree, of an individual described in clause (1);
new text end

new text begin (3) considered by the Secretary of the Interior to be an Indian for any purpose;
new text end

new text begin (4) an Eskimo, Aleut, or other Alaska Native; or
new text end

new text begin (5) a member of an organized Indian group that received a grant under the Indian
Education Act of 1988 as in effect the day preceding October 20, 1994.
new text end

new text begin (c) "District" means a district under section 120A.05, subdivision 8.
new text end

new text begin (d) "Mascot" means any human, nonhuman animal, or object used to represent a school
and its population.
new text end

new text begin (e) "Public school" or "school" means a public school under section 120A.05, subdivisions
9, 11, 13, and 17, and a charter school under chapter 124E.
new text end

Sec. 19.

Minnesota Statutes 2020, section 121A.41, subdivision 10, is amended to read:

Subd. 10.

Suspension.

new text begin (a) new text end " new text begin In-school new text end suspension" new text begin means an instance in which a pupil
is temporarily removed from the pupil's regular classroom for at least half a day for
disciplinary purposes but remains under the direct supervision of school personnel. Direct
supervision means school personnel are physically present in the same location as the pupil
under supervision.
new text end

new text begin (b) "Out-of-school suspension" new text end means an action by the school administration, under
rules promulgated by the school board, prohibiting a pupil from attending school for a period
of no more than ten school days. If a suspension is longer than five days, the suspending
administrator must provide the superintendent with a reason for the longer suspension. This
definition does not apply to dismissal from school for deleted text begin one school day or deleted text end less new text begin than one school
day new text end , except as provided in federal law for a student with a disability. Each suspension action
deleted text begin may deleted text end new text begin must new text end include a readmission plan. The readmission plan shall include, where appropriate,
a provision for implementing alternative educational services upon readmission and may
not be used to extend the current suspension. Consistent with section 125A.091, subdivision
5, the readmission plan must not obligate a parent to provide a sympathomimetic medication
for the parent's child as a condition of readmission. The school administration may not
impose consecutive suspensions against the same pupil for the same course of conduct, or
incident of misconduct, except where the pupil will create an immediate and substantial
danger to self or to surrounding persons or property, or where the district is in the process
of initiating an expulsion, in which case the school administration may extend the suspension
to a total of 15 school days.

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. 20.

Minnesota Statutes 2020, section 121A.41, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Nonexclusionary disciplinary policies and practices; alternatives to pupil
removal and dismissal. new text end

new text begin "Nonexclusionary disciplinary policies and practices" means
policies and practices that are alternatives to removing a pupil from class or dismissing a
pupil from school, including evidence-based positive behavior interventions and supports,
social and emotional services, school-linked mental health services, counseling services,
social work services, referrals for special education or section 504 evaluations, academic
screening for title one services or reading interventions, and alternative education services.
Nonexclusionary disciplinary policies and practices require school officials to intervene in,
redirect, and support a pupil's behavior before removing a pupil from class or beginning
dismissal proceedings. Nonexclusionary disciplinary policies and practices include but are
not limited to the policies and practices under sections 120B.12; 121A.031, subdivision 4,
paragraph (a), clause (1); 121A.575, clauses (1) and (2); 121A.61, subdivision 3, paragraph
(q); 122A.627, clause (3); and 123A.56.
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. 21.

Minnesota Statutes 2020, section 121A.41, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Pupil withdrawal agreement. new text end

new text begin "Pupil withdrawal agreement" means a verbal
or written agreement between a school or district administrator and a pupil's parent to
withdraw a student from the school district to avoid expulsion or exclusion dismissal
proceedings. A pupil withdrawal agreement expires at the end of a 12-month period.
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. 22.

Minnesota Statutes 2020, section 121A.425, is amended to read:

121A.425 FULL AND EQUITABLE PARTICIPATION IN deleted text begin PRESCHOOL AND
PREKINDERGARTEN deleted text end new text begin EARLY LEARNING new text end .

Subdivision 1.

Disciplinary dismissals prohibited.

new text begin (a) new text end A pupil enrolled in new text begin the following
is not subject to dismissals under this chapter:
new text end

new text begin (1) new text end a preschool or prekindergarten program, including deleted text begin a child participating in deleted text end early
childhood family education, school readiness, school readiness plus, voluntary
prekindergarten, Head Start, or other school-based preschool or prekindergarten program deleted text begin ,
may not be subject to dismissals under this chapter deleted text end new text begin ; or
new text end

new text begin (2) kindergarten through grade 3 new text end .

new text begin (b) new text end 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.

Subd. 2.

Nonexclusionary discipline.

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

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

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

(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 begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 23.

Minnesota Statutes 2020, section 121A.45, subdivision 1, is amended to read:

Subdivision 1.

Provision of alternative programs.

No school shall dismiss any pupil
without attempting to deleted text begin provide alternative educational services deleted text end new text begin use nonexclusionary
disciplinary policies and practices new text end before dismissal proceedings new text begin or pupil withdrawal
agreements new text end , except where it appears that the pupil will create an immediate and substantial
danger to self or to surrounding persons or property.

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. 24.

Minnesota Statutes 2020, section 121A.46, subdivision 4, is amended to read:

Subd. 4.

Suspension pending expulsion or exclusion hearing.

Notwithstanding the
provisions of subdivisions 1 and 3, the pupil may be suspended pending the school board's
decision in the expulsion or exclusion hearing; provided that alternative educational services
are implemented to the extent that suspension exceeds five new text begin consecutive school new text end days.

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. 25.

Minnesota Statutes 2020, section 121A.46, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Student suspensions exceeding five consecutive school days. new text end

new text begin A school
administrator must ensure that alternative educational services are provided when a pupil
is suspended for more than five consecutive school days.
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. 26.

Minnesota Statutes 2020, section 121A.46, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Minimum education services. new text end

new text begin School officials must give a suspended pupil
the opportunity to complete all school work assigned during the period of the pupil's
suspension and to receive full credit for satisfactorily completing the assignments. The
school principal or other person having administrative control of the school building or
program is encouraged to designate a district or school employee as a liaison to work with
the pupil's teachers to allow the suspended pupil to (1) receive timely course materials and
other information, and (2) complete all school work assignments and receive teachers'
feedback.
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. 27.

Minnesota Statutes 2020, section 121A.47, subdivision 2, is amended to read:

Subd. 2.

Written notice.

Written notice of intent to take action shall:

(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;

(b) contain a complete statement of the facts, a list of the witnesses and a description of
their testimony;

(c) state the date, time, and place of the hearing;

(d) be accompanied by a copy of sections 121A.40 to 121A.56;

(e) describe deleted text begin alternative educational services deleted text end new text begin the nonexclusionary disciplinary policies
and practices new text end accorded the pupil in an attempt to avoid the expulsion proceedings; and

(f) inform the pupil and parent or guardian of the right to:

(1) have a representative of the pupil's own choosing, including legal counsel, at the
hearing. The district deleted text begin shall deleted text end new text begin must new text end advise the pupil's parent or guardian that free or low-cost
legal assistance may be available and that a legal assistance resource list is available from
the Department of Education new text begin and is posted on the department's website new text end ;

(2) examine the pupil's records before the hearing;

(3) present evidence; and

(4) confront and cross-examine witnesses.

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. 28.

Minnesota Statutes 2020, section 121A.47, subdivision 14, is amended to read:

Subd. 14.

Admission or readmission plan.

(a) A school administrator deleted text begin shall deleted text end new text begin must new text end prepare
and enforce an admission or readmission plan for any pupil who is excluded or expelled
from school. The plan deleted text begin may deleted text end new text begin must new text end include measures to improve the pupil's behavior, deleted text begin including deleted text end new text begin
which may include new text end completing a character education program deleted text begin , deleted text end consistent with section
120B.232, subdivision 1, deleted text begin and deleted text end new text begin social and emotional learning, counseling, social work services,
mental health services, referrals for special education or section 504 evaluation, and
evidence-based academic interventions. The plan must new text end require parental involvement in the
admission or readmission process, and may indicate the consequences to the pupil of not
improving the pupil's behavior.

(b) The definition of suspension under section 121A.41, subdivision 10, does not apply
to a student's dismissal from school for deleted text begin one school day or deleted text end less new text begin than one school day new text end , except
as provided under federal law for a student with a disability. Each suspension action may
include a readmission plan. A readmission plan must provide, where appropriate, alternative
education services, which must not be used to extend the student's current suspension period.
Consistent with section 125A.091, subdivision 5, a readmission plan must not obligate a
parent or guardian to provide psychotropic drugs to their student as a condition of
readmission. School officials must not use the refusal of a parent or guardian to consent to
the administration of psychotropic drugs to their student or to consent to a psychiatric
evaluation, screening or examination of the student as a ground, by itself, to prohibit the
student from attending class or participating in a school-related activity, or as a basis of a
charge of child abuse, child neglect or medical or educational neglect.

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. 29.

Minnesota Statutes 2020, section 121A.53, subdivision 1, is amended to read:

Subdivision 1.

Exclusions and expulsions; new text begin student withdrawals; and new text end physical
assaults.

new text begin Consistent with subdivision 2, new text end the school board must report through the department
electronic reporting system each exclusion or expulsion deleted text begin and deleted text end new text begin , new text end each physical assault of a
district employee by a deleted text begin student deleted text end new text begin pupil, and each pupil withdrawal agreement new text end within 30 days
of the effective date of the dismissal action new text begin , pupil withdrawal, new text end or assault to the commissioner
of education. This report must include a statement of deleted text begin alternative educational services deleted text end new text begin
nonexclusionary disciplinary practices new text end , or other sanction, intervention, or resolution in
response to the assault given the pupil and the reason for, the effective date, and the duration
of the exclusion or expulsion or other sanction, intervention, or resolution. The report must
also include the deleted text begin student's deleted text end new text begin pupil's new text end age, grade, gender, race, and special education status.

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. 30.

Minnesota Statutes 2020, section 121A.55, is amended to read:

121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education shall promulgate guidelines new text begin including guidance on
how to appropriately and equitably engage stakeholders to review and revise discipline
policies that are restorative and responsive new text end to assist each school board. Each school board
deleted text begin shall deleted text end new text begin must new text end establish uniform criteria for dismissal and adopt written policies and rules to
effectuate the purposes of sections 121A.40 to 121A.56. The policies deleted text begin shall deleted text end new text begin must include
nonexclusionary disciplinary policies and practices consistent with section 121A.41,
subdivision 12, and new text end emphasize preventing dismissals through early new text begin and individual new text end detection
of deleted text begin problems and shall deleted text end new text begin needs and providing the necessary multitiered supports to meet
students' needs. The policies must new text end be designed to deleted text begin address deleted text end new text begin prevent new text end students' inappropriate
behavior from recurring.

new text begin (b) new text end The policies deleted text begin shall deleted text end new text begin must new text end recognize the new text begin school's new text end continuing responsibility deleted text begin of the school deleted text end
for the education of the pupil during the dismissal period.

new text begin (1) A school is responsible for ensuring that new text end the alternative educational services deleted text begin , if the
pupil wishes to take advantage of them, deleted text end new text begin provided to a pupil new text end must be adequate to allow the
pupil to make progress deleted text begin towards deleted text end new text begin toward new text end meeting the graduation standards adopted under
section 120B.02 and help prepare the pupil for readmission new text begin , and are in accordance with
section 121A.46, subdivision 5 new text end .

new text begin (2) For expulsions and exclusionary dismissals, as well as for pupil withdrawal
agreements as defined in section 121A.41, subdivision 13:
new text end

new text begin (i) A school district's continuing responsibility includes reviewing the pupil's school
work and grades on a quarterly basis to ensure the pupil is on track for readmission with
the pupil's peers. A school district must communicate on a regular basis with the pupil's
parent to ensure the pupil is completing the work assigned through the alternative educational
services.
new text end

new text begin (ii) Nothing in this section prohibits a school-linked mental health provider from
continuing to provide services after the student enrolls in a new school district.
new text end

new text begin (iii) A school district must provide to the pupil's parent or guardian information on how
to access mental health services, including a list of any free or sliding fee providers in the
community. The information must also be posted on the district or charter school website.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end An area learning center under section 123A.05 may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.

deleted text begin (c) deleted text end new text begin (d) new text end Each school district shall develop a policy and report it to the commissioner on
the appropriate use of peace officers and crisis teams to remove students who have an
individualized education program from school grounds.

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. 31.

Minnesota Statutes 2020, section 121A.58, is amended to read:

121A.58 CORPORAL PUNISHMENT.

Subdivision 1.

Definition.

new text begin (a) new text end For the purpose of this section, "corporal punishment"
means conduct involving:

(1) hitting or spanking a person with or without an object; or

(2) unreasonable physical force that causes bodily harm or substantial emotional harm.

new text begin (b) For the purposes of this section, "prone restraint" means placing a pupil in a face-down
position.
new text end

Subd. 2.

Corporal punishment not allowed.

An employee or agent of a district shall
not inflict corporal punishment or cause corporal punishment to be inflicted upon a pupil
to reform unacceptable conduct or as a penalty for unacceptable conduct.

new text begin Subd. 2a. new text end

new text begin Prone restraint not allowed. new text end

new text begin An employee or agent of a district, including a
school resource officer or police officer contracted with the district, must not inflict prone
restraint or cause prone restraint to be inflicted upon a pupil to reform unacceptable conduct
or as a penalty for unacceptable conduct. Further, an employee or agent of a district, including
a school resource officer or police officer contracted with the district, must not inflict any
form of physical holding that restricts or impairs a pupil's ability to breathe; restricts or
impairs a pupil's ability to communicate distress; places pressure or weight on a pupil's
head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen; or results in
straddling a pupil's torso.
new text end

Subd. 3.

Violation.

Conduct that violates subdivision 2 new text begin or 2a new text end is not a crime under section
645.241, but may be a crime under chapter 609 if the conduct violates a provision of chapter
609.

Sec. 32.

Minnesota Statutes 2020, section 121A.61, is amended to read:

121A.61 DISCIPLINE AND REMOVAL OF STUDENTS FROM CLASS.

Subdivision 1.

Required policy.

Each school board must adopt new text begin , and annually review
and revise, new text end a written districtwide school discipline policy which includes deleted text begin written rules deleted text end new text begin a
student code new text end of conduct deleted text begin for students, minimum consequences for violations of the rules,
and grounds and procedures for removal of a student from class deleted text end new text begin and parameters for when
input into discipline decisions by all those involved in an incident is allowed new text end . The policy
must be developed in consultation with administrators, teachers, employees, pupils, parents,
community members, law enforcement agencies, county attorney offices, social service
agencies, and such other individuals or organizations as the board determines appropriate.
A school site council may adopt additional provisions to the policy subject to the approval
of the school board.

Subd. 2.

Grounds for removal from class.

The policy must establish the various grounds
for which a student may be removed from a class in the district for a period of time under
the procedures specified in the policy. The policy must include a procedure for notifying
and meeting with a student's parent or guardian to discuss the problem that is causing the
student to be removed from class after the student has been removed from class more than
ten times in one school year. The grounds in the policy must deleted text begin include at least the following
provisions as well as other grounds determined appropriate by the board: deleted text end new text begin at least include
provisions pertaining to addressing
new text end

deleted text begin (a) willful conduct that significantly disrupts the rights of others to an education, including
conduct that interferes with a teacher's ability to teach or communicate effectively with
students in a class or with the ability of other students to learn;
deleted text end

deleted text begin (b) deleted text end willful conduct that endangers surrounding persons, including school district
employees, the student or other students, or the property of the school deleted text begin ; and
deleted text end

deleted text begin (c) willful violation of any rule of conduct specified in the discipline policy adopted by
the board deleted text end .

Subd. 3.

Policy components.

The policy must include at least the following components:

(a) rules governing student conduct and procedures for informing students of the rules;

(b) the grounds for removal of a student from a class;

(c) the authority of the classroom teacher to remove students from the classroom pursuant
to procedures and rules established in the district's policy;

(d) the procedures for removal of a student from a class by a teacher, school administrator,
or other school district employee;

(e) the period of time for which a student may be removed from a class, which may not
exceed five class periods for a violation of a rule of conduct;

(f) provisions relating to the responsibility for and custody of a student removed from
a class;

(g) the procedures for return of a student to the specified class from which the student
has been removed;

(h) the procedures for notifying a student and the student's parents or guardian of
violations of the rules of conduct and of resulting disciplinary actions;

(i) any procedures determined appropriate for encouraging early involvement of parents
or guardians in attempts to improve a student's behavior;

(j) any procedures determined appropriate for encouraging early detection of behavioral
problems;

(k) any procedures determined appropriate for referring a student in need of special
education services to those services;

(l) the procedures for consideration of whether there is a need for a further assessment
or of whether there is a need for a review of the adequacy of a current individualized
education program of a student with a disability who is removed from class;

(m) procedures for detecting and addressing chemical abuse problems of a student while
on the school premises;

deleted text begin (n) the minimum consequences for violations of the code of conduct;
deleted text end

deleted text begin (o) deleted text end new text begin (n) new text end procedures for deleted text begin immediate deleted text end new text begin timely new text end and appropriate interventions tied to violations
of the code;

deleted text begin (p) deleted text end new text begin (o) new text end a provision that states that a teacher, school employee, school bus driver, or other
agent of a district may use reasonable force in compliance with section 121A.582 and other
laws;

deleted text begin (q) deleted text end new text begin (p) new text end an agreement regarding procedures to coordinate crisis services to the extent
funds are available with the county board responsible for implementing sections 245.487
to 245.4889 for students with a serious emotional disturbance or other students who have
an individualized education program whose behavior may be addressed by crisis intervention;
deleted text begin and
deleted text end

deleted text begin (r) deleted text end new text begin (q) new text end a provision that states a student must be removed from class immediately if the
student engages in assault or violent behavior. For purposes of this paragraph, "assault" has
the meaning given it in section 609.02, subdivision 10. The removal shall be for a period
of time deemed appropriate by the principal, in consultation with the teacher deleted text begin . deleted text end new text begin ; and
new text end

new text begin (r) a prohibition on the use of exclusionary practices to address attendance and truancy
issues.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 33.

Minnesota Statutes 2020, section 124D.09, subdivision 3, is amended to read:

Subd. 3.

Definitions.

For purposes of this section, the following terms have the meanings
given to them.

(a) "Eligible institution" means a Minnesota public postsecondary institution, a private,
nonprofit two-year trade and technical school granting associate degrees, an opportunities
industrialization center accredited by an accreditor recognized by the United States
Department of Education, or a private, residential, two-year or four-year, liberal arts,
degree-granting college or university located in Minnesota. new text begin An eligible institution cannot
require or base any part of the admission decision on a student's race, color, creed, religion,
national origin, sex, age, marital status, status with regard to public assistance, sexual
orientation, disability, or gender.
new text end

(b) "Course" means a course or program.

(c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under
subdivision 5 or 5b enrolls to earn both secondary and postsecondary credits, are taught by
a secondary teacher or a postsecondary faculty member, and are offered at a high school
for which the district is eligible to receive concurrent enrollment program aid under section
124D.091.

Sec. 34.

Minnesota Statutes 2020, section 124D.09, subdivision 7, is amended to read:

Subd. 7.

Dissemination of information; Notification of intent to enroll.

By the earlier
of (1) three weeks prior to the date by which a student must register for district courses for
the following school year, or (2) March 1 of each year, a district must provide up-to-date
information on the district's website and in materials that are distributed to parents and
students about the program, including information about enrollment requirements and the
ability to earn postsecondary credit to all pupils in grades 8, 9, 10, and 11. To assist the
district in planning, a pupil must inform the district deleted text begin by May 30 of each year deleted text end of the pupil's
intent to enroll in postsecondary courses during the following deleted text begin school year. A pupil is bound
by notifying or not notifying the district by May 30 deleted text end new text begin term. A pupil who does not notify the
district of their intent to enroll by May 30 for the fall term or October 30 for the spring term
may not enroll in postsecondary courses under this section new text end .

Sec. 35.

Minnesota Statutes 2020, section 124D.09, subdivision 13, is amended to read:

Subd. 13.

Financial arrangements.

For a pupil enrolled in a course under this section,
the department must make payments according to this subdivision for courses that were
taken for secondary credit.

The department must not make payments to a school district or postsecondary institution
for a course taken for postsecondary credit only. The department must not make payments
to a postsecondary institution for a course from which a student officially withdraws during
the first deleted text begin 14 deleted text end new text begin ten business new text end days of the new text begin postsecondary institution's new text end quarter or semester or who
has been absent from the postsecondary institution for the first deleted text begin 15 consecutive school deleted text end new text begin ten
business new text end days of the new text begin postsecondary institution's new text end quarter or semester and is not receiving
instruction in the home or hospital.

A postsecondary institution shall receive the following:

(1) for an institution granting quarter credit, the reimbursement per credit hour shall be
an amount equal to 88 percent of the product of the formula allowance minus $425, multiplied
by 1.2, and divided by 45; or

(2) for an institution granting semester credit, the reimbursement per credit hour shall
be an amount equal to 88 percent of the product of the general revenue formula allowance
minus $425, multiplied by 1.2, and divided by 30.

The department must pay to each postsecondary institution 100 percent of the amount
in clause (1) or (2) within 45 days of receiving initial enrollment information each quarter
or semester. If changes in enrollment occur during a quarter or semester, the change shall
be reported by the postsecondary institution at the time the enrollment information for the
succeeding quarter or semester is submitted. At any time the department notifies a
postsecondary institution that an overpayment has been made, the institution shall promptly
remit the amount due.

Sec. 36.

Minnesota Statutes 2020, section 124D.095, subdivision 2, is amended to read:

Subd. 2.

Definitions.

For purposes of this section, the following terms have the meanings
given them.

(a) "Digital learning" is learning facilitated by technology that offers students an element
of control over the time, place, path, or pace of their learning and includes blended and
online learning.

(b) "Blended learning" is a form of digital learning that occurs when a student learns
part time in a supervised physical setting and part time through digital delivery of instruction,
or a student learns in a supervised physical setting where technology is used as a primary
method to deliver instruction.

(c) "Online learning" is a form of digital learning delivered by an approved online
learning provider under paragraph deleted text begin (d) deleted text end new text begin (e) new text end .

(d) new text begin "Hybrid learning" uses blended learning in a way that combines scheduled in-person
instruction and distance learning.
new text end

new text begin (e) new text end "Online learning provider" is a school district, an intermediate school district, an
organization of two or more school districts operating under a joint powers agreement, or
a charter school located in Minnesota that provides online learning to students and is approved
by the department to provide online learning courses.

deleted text begin (e) deleted text end new text begin (f) new text end "Student" is a Minnesota resident enrolled in a school under section 120A.22,
subdivision 4, in kindergarten through grade 12.

deleted text begin (f) deleted text end new text begin (g) new text end "Online learning student" is a student enrolled in an online learning course or
program delivered by an online learning provider under paragraph deleted text begin (d) deleted text end new text begin (e) new text end .

deleted text begin (g) deleted text end new text begin (h) new text end "Enrolling district" means the school district or charter school in which a student
is enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance.

deleted text begin (h) deleted text end new text begin (i) new text end "Supplemental online learning" means an online learning course taken in place
of a course period at a local district school.

deleted text begin (i) deleted text end new text begin (j) new text end "Full-time online learning provider" means an enrolling school authorized by the
department to deliver comprehensive public education at any or all of the elementary, middle,
or high school levels.

deleted text begin (j) deleted text end new text begin (k) new text end "Online learning course syllabus" is a written document that an online learning
provider transmits to the enrolling district using a format prescribed by the commissioner
to identify the state academic standards embedded in an online course, the course content
outline, required course assessments, expectations for actual teacher contact time and other
student-to-teacher communications, and the academic support available to the online learning
student.

Sec. 37.

Minnesota Statutes 2020, section 124D.128, subdivision 1, is amended to read:

Subdivision 1.

Program established.

A learning year program provides instruction
throughout the year on an extended year calendar deleted text begin , extended school day calendar, or both.
A pupil may participate in the program and accelerate attainment of grade level requirements
or graduation requirements deleted text end . A learning year program may begin after the close of the regular
school year in June. The program may be for students in one or more grade levels from
kindergarten through grade 12.

Sec. 38.

Minnesota Statutes 2020, section 124D.128, subdivision 3, is amended to read:

Subd. 3.

Student planning.

A district deleted text begin , charter school, deleted text end or state-approved alternative
program must inform all pupils and their parents about the learning year program and that
participation in the program is optional. A continual learning plan must be developed at
least annually for each pupil with the participation of the pupil, parent or guardian, teachers,
and other staff; each participant must sign and date the plan. The plan must specify the
learning experiences that must occur during the entire fiscal year and are necessary for grade
progression or, for secondary students, graduation. The plan must include:

(1) the pupil's learning objectives and experiences, including courses or credits the pupil
plans to complete each year and, for a secondary pupil, the graduation requirements the
student must complete;

(2) the assessment measurements used to evaluate a pupil's objectives;

(3) requirements for grade level or other appropriate progression; and

(4) for pupils generating more than one average daily membership in a given grade, an
indication of which objectives were unmet.

The plan may be modified to conform to district schedule changes. The district may not
modify the plan if the modification would result in delaying the student's time of graduation.

Sec. 39.

Minnesota Statutes 2020, section 124D.74, subdivision 1, is amended to read:

Subdivision 1.

Program described.

American Indian education programs are programs
in public elementary and secondary schools, nonsectarian nonpublic, community, Tribal,
charter, or alternative schools enrolling American Indian children designed to:

(1) support postsecondary preparation for pupils;

(2) support the academic achievement of American Indian students;

(3) make the curriculum relevant to the needs, interests, and cultural heritage of American
Indian pupils;

(4) provide positive reinforcement of the self-image of American Indian pupils;

(5) develop intercultural awareness among pupils, parents, and staff; and

(6) supplement, not supplant, state and federal educational and cocurricular programs.

Program services designed to increase completion and graduation rates of American Indian
students must emphasize academic achievement, retention, and attendance; development
of support services for staff, including in-service training and technical assistance in methods
of teaching American Indian pupils; research projects, including innovative teaching
approaches and evaluation of methods of relating to American Indian pupils; provision of
career counseling to American Indian pupils; modification of curriculum, instructional
methods, and administrative procedures to meet the needs of American Indian pupils; and
deleted text begin supplemental deleted text end instruction in American Indian language, literature, history, and culture.
Districts offering programs may make contracts for the provision of program services by
establishing cooperative liaisons with Tribal programs and American Indian social service
agencies. These programs may also be provided as components of early childhood and
family education programs.

Sec. 40.

Minnesota Statutes 2020, section 124D.78, subdivision 1, is amended to read:

Subdivision 1.

Parent committee.

School boards and American Indian schools must
provide for the maximum involvement of parents of children enrolled in education programs,
programs for elementary and secondary grades, special education programs, and support
services. Accordingly, the board of a school district in which there are ten or more American
Indian students enrolled and each American Indian school must establish an American
Indian education parent advisory committee. new text begin For purposes of this section, American Indian
students are defined as persons having origins in any of the original peoples of North America
who maintain cultural identification through Tribal affiliation or community recognition.
new text end If a committee whose membership consists of a majority of parents of American Indian
children has been or is established according to federal, Tribal, or other state law, that
committee may serve as the committee required by this section and is subject to, at least,
the requirements of this subdivision and subdivision 2.

The American Indian education parent advisory committee must develop its
recommendations in consultation with the curriculum advisory committee required by
section 120B.11, subdivision 3. This committee must afford parents the necessary information
and the opportunity effectively to express their views concerning all aspects of American
Indian education and the educational needs of the American Indian children enrolled in the
school or program. The school board or American Indian school must ensure that programs
are planned, operated, and evaluated with the involvement of and in consultation with parents
of students served by the programs.

Sec. 41.

Minnesota Statutes 2020, section 124D.78, subdivision 3, is amended to read:

Subd. 3.

Membership.

The American Indian education parent advisory committee must
be composed of parents of children eligible to be enrolled in American Indian education
programs; secondary students eligible to be served; American Indian language and culture
education teachers and paraprofessionals; American Indian teachers; counselors; adult
American Indian people enrolled in educational programs; and representatives from
community groups. A majority of each committee must be parents of new text begin American Indian new text end
children enrolled or eligible to be enrolled in the programs. deleted text begin The number of parents of
American Indian and non-American Indian children shall reflect approximately the proportion
of children of those groups enrolled in the programs.
deleted text end

Sec. 42.

Minnesota Statutes 2020, section 124D.791, subdivision 4, is amended to read:

Subd. 4.

Duties; powers.

The Indian education director shall new text begin oversee new text end :

(1) deleted text begin serve as the liaison for the deleted text end department new text begin relations new text end with the Tribal Nations Education
Committee, the 11 Tribal communities in Minnesota, the Minnesota Chippewa Tribe, and
the Minnesota Indian Affairs Council;

(2) deleted text begin evaluate deleted text end new text begin the evaluation of new text end the state of American Indian education in Minnesota;

(3) deleted text begin engage deleted text end the new text begin engagement of new text end Tribal bodies, community groups, parents of children
eligible to be served by American Indian education programs, American Indian administrators
and teachers, persons experienced in the training of teachers for American Indian education
programs, the Tribally controlled schools, and other persons knowledgeable in the field of
American Indian education and seek their advice on policies that can improve the quality
of American Indian education;

(4) deleted text begin advise deleted text end new text begin advice to new text end the commissioner on American Indian education issues, including:

(i) issues facing American Indian students;

(ii) policies for American Indian education;

(iii) awarding scholarships to eligible American Indian students and in administering
the commissioner's duties regarding awarding of American Indian education grants to school
districts; and

(iv) administration of the commissioner's duties under sections 124D.71 to 124D.82 and
other programs for the education of American Indian people;

(5) deleted text begin propose deleted text end new text begin proposals new text end to the commissioner new text begin on new text end legislative changes that will improve the
quality of American Indian education;

(6) deleted text begin develop deleted text end new text begin development of new text end a strategic plan and a long-term framework for American
Indian education, in conjunction with the Minnesota Indian Affairs Council, that is updated
every five years and implemented by the commissioner, with goals to:

(i) increase American Indian student achievement, including increased levels of
proficiency and growth on statewide accountability assessments;

(ii) increase the number of American Indian teachers in public schools;

(iii) close the achievement gap between American Indian students and their more
advantaged peers;

(iv) increase the statewide graduation rate for American Indian students; and

(v) increase American Indian student placement in postsecondary programs and the
workforce; and

(7) deleted text begin keep deleted text end new text begin keeping new text end the American Indian community informed about the work of the
department by reporting to the Tribal Nations Education Committee at each committee
meeting.

Sec. 43.

new text begin [124D.792] GRADUATION CEREMONIES; TRIBAL REGALIA AND
OBJECTS OF CULTURAL SIGNIFICANCE.
new text end

new text begin A school district or charter school must not prohibit an American Indian student from
wearing American Indian regalia, Tribal regalia, or objects of cultural significance at
graduation ceremonies.
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. 44.

Minnesota Statutes 2020, section 124D.861, subdivision 2, is amended to read:

Subd. 2.

Plan implementation; components.

(a) The school board of each eligible
district must formally develop and implement a long-term plan under this section. The plan
must be incorporated into the district's comprehensive strategic plan under section 120B.11.
deleted text begin Plan components may include: innovative and integrated prekindergarten through grade 12
learning environments that offer students school enrollment choices; family engagement
initiatives that involve families in their students' academic life and success; professional
development opportunities for teachers and administrators focused on improving the academic
achievement of all students, including teachers and administrators who are members of
populations underrepresented among the licensed teachers or administrators in the district
or school and who reflect the diversity of students under section 120B.35, subdivision 3,
paragraph (b), clause (2), who are enrolled in the district or school; increased programmatic
opportunities and effective and more diverse instructors focused on rigor and college and
career readiness for underserved students, including students enrolled in alternative learning
centers under section 123A.05, public alternative programs under section 126C.05,
subdivision 15, and contract alternative programs under section 124D.69, among other
underserved students; or recruitment and retention of teachers and administrators with
diverse racial and ethnic backgrounds.
deleted text end

new text begin (b) new text end The plan must contain goals for:

(1) reducing the disparities in academic achievement and in equitable access to effective
and more diverse teachers among all students and specific categories of students under
section 120B.35, subdivision 3, paragraph (b), excluding the student categories of gender,
disability, and English learners; and

(2) increasing racial and economic diversity and integration in schools and districts.

new text begin (c) The plan must include strategies to validate, affirm, embrace, and integrate cultural
and community strengths of all students, families, and employees in the district's curriculum
as well as learning and work environments, and to address issues of institutional racism as
defined in section 120B.11, subdivision 1, in schools that create opportunity and achievement
gaps for students, families, and staff who are of color or American Indian. Examples of
institutional racism experienced by students who are of color or American Indian include
policies and practices that intentionally or unintentionally result in disparate discipline
referrals and suspension, inequitable access to advanced coursework, overrepresentation in
lower-level coursework, inequitable participation in cocurricular activities, inequitable
parent involvement, and lack of equitable access to racially and ethnically diverse teachers
who reflect the racial or ethnic diversity of students because it has not been a priority to
hire or retain such teachers.
new text end

new text begin (d) School districts must use local data, to the extent practicable, to develop plan
components and strategies. Plans may include:
new text end

new text begin (1) innovative and integrated prekindergarten through grade 12 learning environments
that offer students school enrollment choices;
new text end

new text begin (2) family engagement initiatives that involve families in their students' academic life
and success and improve relations between home and school;
new text end

new text begin (3) opportunities for students, families, staff, and community members who are of color
or American Indian to share their experiences in the school setting with school staff and
administration and to inform development of specific proposals for making school
environments more validating, affirming, embracing, and integrating of their cultural and
community strengths;
new text end

new text begin (4) professional development opportunities for teachers and administrators focused on
improving the academic achievement of all students, including knowledge, skills, and
dispositions needed to be anti-racist and culturally sustaining as defined in section 120B.11,
subdivision 1, for serving students who are from racially and ethnically diverse backgrounds;
new text end

new text begin (5) recruitment and retention of teachers, administrators, cultural and family liaisons,
paraprofessionals, and other staff from racial, ethnic, and linguistic backgrounds represented
in the student population to strengthen relationships with all students, families, and other
members of the community;
new text end

new text begin (6) collection, examination, and evaluation of academic and discipline data for
institutional racism as defined in section 120B.11, subdivision 1, in structures, policies, and
practices that result in the education disparities, in order to propose anti-racist changes as
defined in section 120B.11, subdivision 1, that increase access, meaningful participation,
representation, and positive outcomes for students of color and American Indian students;
new text end

new text begin (7) increased programmatic opportunities and effective and more diverse instructors
focused on rigor and college and career readiness for students who are impacted by racial,
gender, linguistic, and economic disparities, including students enrolled in area learning
centers or alternative learning programs under section 123A.05, state-approved alternative
programs under section 126C.05, subdivision 15, and contract alternative programs under
section 124D.69, among other underserved students;
new text end

new text begin (8) ethnic studies curriculum as defined in section 120B.11, subdivision 1, to provide
all students with opportunities to learn about their own and others' cultures and historical
experiences; or
new text end

new text begin (9) examination and revision of district curricula in all subjects to be inclusive of diverse
racial and ethnic groups while meeting state academic standards and being culturally
sustaining as defined in section 120B.11, subdivision 1, ensuring content being studied
about any group is accurate and based in knowledge from that group.
new text end

deleted text begin (b) deleted text end new text begin (e) new text end Among other requirements, an eligible district must implement effective,
research-based interventions that include deleted text begin formative deleted text end new text begin multiple measures of new text end assessment deleted text begin practices deleted text end new text begin
and engagement in order new text end to deleted text begin reduce the deleted text end new text begin eliminate academic new text end disparities deleted text begin in student academic
performance among the specific categories of students as measured by student progress and
growth on state reading and math assessments and deleted text end new text begin for students impacted by racial, gender,
linguistic, and economic inequities new text end as aligned with section 120B.11.

deleted text begin (c) deleted text end new text begin (f) new text end Eligible districts must create efficiencies and eliminate duplicative programs and
services under this section, which may include forming collaborations or a single,
seven-county metropolitan areawide partnership of eligible districts for this purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all plans reviewed and updated after
the day following final enactment.
new text end

Sec. 45.

Minnesota Statutes 2020, section 125A.094, is amended to read:

125A.094 RESTRICTIVE PROCEDURES deleted text begin FOR CHILDREN WITH
DISABILITIES deleted text end .

The use of restrictive procedures deleted text begin for children with disabilities deleted text end new text begin for all pupils attending
public school new text end is governed by sections 125A.0941 and 125A.0942.

Sec. 46.

Minnesota Statutes 2020, section 125A.0942, is amended to read:

125A.0942 STANDARDS FOR RESTRICTIVE PROCEDURES.

Subdivision 1.

Restrictive procedures plan.

(a) Schools that intend to use restrictive
procedures shall maintain and make publicly accessible in an electronic format on a school
or district website or make a paper copy available upon request describing a restrictive
procedures plan for children with disabilities that at least:

(1) lists the restrictive procedures the school intends to use;

(2) describes how the school will implement a range of positive behavior strategies and
provide links to mental health services;

(3) describes how the school will provide training on de-escalation techniques, consistent
with section 122A.187, subdivision 4;

(4) describes how the school will monitor and review the use of restrictive procedures,
including:

(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a), clause
(5); and

(ii) convening an oversight committee to undertake a quarterly review of the use of
restrictive procedures based on patterns or problems indicated by similarities in the time of
day, day of the week, duration of the use of a procedure, the individuals involved, or other
factors associated with the use of restrictive procedures; the number of times a restrictive
procedure is used schoolwide and for individual children; the number and types of injuries,
if any, resulting from the use of restrictive procedures; whether restrictive procedures are
used in nonemergency situations; the need for additional staff training; new text begin disproportionality
or racial disparities in the usage of restrictive procedures; the usage of school resource
officer's handling of the behaviors; student documentation to determine if the staff followed
the standards for using restrictive procedures and if there is updated information about
whether the restrictive procedures are contraindicated for the particular student; new text end and proposed
actions to minimize the use of restrictive procedures; and

(5) includes a written description and documentation of the training staff completed
under subdivision 5.

(b) Schools annually must publicly identify oversight committee members who must at
least include:

(1) a mental health professional, school psychologist, or school social worker;

(2) an expert in positive behavior strategies;

(3) a special education administrator; and

(4) a general education administrator.

Subd. 2.

Restrictive procedures.

(a) Restrictive procedures may be used only by a
licensed special education teacher, school social worker, school psychologist, behavior
analyst certified by the National Behavior Analyst Certification Board, a person with a
master's degree in behavior analysis, other licensed education professional, paraprofessional
under section 120B.363, or mental health professional under section 245.4871, subdivision
27, who has completed the training program under subdivision 5.

(b) A school shall make reasonable efforts to notify the parent on the same day a
restrictive procedure is used on the child, or if the school is unable to provide same-day
notice, notice is sent within two days by written or electronic means or as otherwise indicated
by the child's parent under paragraph (f).

(c) The district must hold a meeting of the individualized education program team, new text begin if
the student is a student with a disability, or a meeting of relevant members of the student's
team including a parent, if the student is not a student with a disability, new text end conduct or review
a functional behavioral analysis, review data, consider developing additional or revised
positive behavioral interventions and supports, consider actions to reduce the use of restrictive
procedures, and modify the individualized education program or behavior intervention plan
as appropriate. The district must hold the meeting: within ten calendar days after district
staff use restrictive procedures on two separate school days within 30 calendar days or a
pattern of use emerges and the child's individualized education program or behavior
intervention plan does not provide for using restrictive procedures in an emergency; or at
the request of a parent or the district after restrictive procedures are used. The district must
review use of restrictive procedures at a child's annual individualized education program
meeting when the child's individualized education program provides for using restrictive
procedures in an emergency.

(d) If the deleted text begin individualized education program deleted text end new text begin meeting new text end team under paragraph (c) determines
that existing interventions and supports are ineffective in reducing the use of restrictive
procedures or the district uses restrictive procedures on a child on ten or more school days
during the same school year, the team, as appropriate, either must consult with other
professionals working with the child; consult with experts in behavior analysis, mental
health, communication, or autism; consult with culturally competent professionals; review
existing evaluations, resources, and successful strategies; or consider whether to reevaluate
the child.

(e) At the deleted text begin individualized education program deleted text end meeting under paragraph (c), the team must
review any known medical or psychological limitations, including any medical information
the parent provides voluntarily, that contraindicate the use of a restrictive procedure, consider
whether to prohibit that restrictive procedure, and document any prohibition in the
individualized education program or behavior intervention plan.

(f) An individualized education program team may plan for using restrictive procedures
and may include these procedures in a child's individualized education program or behavior
intervention plan; however, the restrictive procedures may be used only in response to
behavior that constitutes an emergency, consistent with this section. The individualized
education program or behavior intervention plan shall indicate how the parent wants to be
notified when a restrictive procedure is used.

Subd. 3.

Physical holding or seclusion.

(a) Physical holding or seclusion may be used
only in an emergency. A school that uses physical holding or seclusion shall meet the
following requirements:

(1) physical holding or seclusion is the least intrusive intervention that effectively
responds to the emergency;

(2) physical holding or seclusion is not used to discipline a noncompliant child;

(3) physical holding or seclusion ends when the threat of harm ends and the staff
determines the child can safely return to the classroom or activity;

(4) staff directly observes the child while physical holding or seclusion is being used;

(5) each time physical holding or seclusion is used, the staff person who implements or
oversees the physical holding or seclusion documents, as soon as possible after the incident
concludes, the following information:

(i) a description of the incident that led to the physical holding or seclusion;

(ii) why a less restrictive measure failed or was determined by staff to be inappropriate
or impractical;

(iii) the time the physical holding or seclusion began and the time the child was released;
deleted text begin and
deleted text end

(iv) a brief record of the child's behavioral and physical status; new text begin and
new text end

new text begin (v) a brief description of the post-use debriefing process that occurred following the use
of the restrictive procedure;
new text end

(6) the room used for seclusion must:

(i) be at least six feet by five feet;

(ii) be well lit, well ventilated, adequately heated, and clean;

(iii) have a window that allows staff to directly observe a child in seclusion;

(iv) have tamperproof fixtures, electrical switches located immediately outside the door,
and secure ceilings;

(v) have doors that open out and are unlocked, locked with keyless locks that have
immediate release mechanisms, or locked with locks that have immediate release mechanisms
connected with a fire and emergency system; and

(vi) not contain objects that a child may use to injure the child or others; and

(7) before using a room for seclusion, a school must:

(i) receive written notice from local authorities that the room and the locking mechanisms
comply with applicable building, fire, and safety codes; and

(ii) register the room with the commissioner, who may view that room.

(b) By February 1, 2015, and annually thereafter, stakeholders may, as necessary,
recommend to the commissioner specific and measurable implementation and outcome
goals for reducing the use of restrictive procedures and the commissioner must submit to
the legislature a report on districts' progress in reducing the use of restrictive procedures
that recommends how to further reduce these procedures and eliminate the use of seclusion.
The statewide plan includes the following components: measurable goals; the resources,
training, technical assistance, mental health services, and collaborative efforts needed to
significantly reduce districts' use of seclusion; and recommendations to clarify and improve
the law governing districts' use of restrictive procedures. The commissioner must consult
with interested stakeholders when preparing the report, including representatives of advocacy
organizations, special education directors, teachers, paraprofessionals, intermediate school
districts, school boards, day treatment providers, county social services, state human services
department staff, mental health professionals, and autism experts. Beginning with the
2016-2017 school year, in a form and manner determined by the commissioner, districts
must report data quarterly to the department by January 15, April 15, July 15, and October
15 about individual students who have been secluded. By July 15 each year, districts must
report summary data on their use of restrictive procedures to the department for the prior
school year, July 1 through June 30, in a form and manner determined by the commissioner.
The summary data must include information about the use of restrictive procedures, including
use of reasonable force under section 121A.582.

Subd. 4.

Prohibitions.

The following actions or procedures are prohibited:

(1) engaging in conduct prohibited under section 121A.58;

(2) requiring a child to assume and maintain a specified physical position, activity, or
posture that induces physical pain;

(3) totally or partially restricting a child's senses as punishment;

(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
substance, or spray as punishment;

(5) denying or restricting a child's access to equipment and devices such as walkers,
wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
except when temporarily removing the equipment or device is needed to prevent injury to
the child or others or serious damage to the equipment or device, in which case the equipment
or device shall be returned to the child as soon as possible;

(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or physical
abuse under chapter 260E;

(7) withholding regularly scheduled meals or water;

(8) denying access to bathroom facilities;

(9) physical holding that restricts or impairs a child's ability to breathe, restricts or impairs
a child's ability to communicate distress, places pressure or weight on a child's head, throat,
neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child's
torso; deleted text begin and
deleted text end

(10) prone restraint deleted text begin . deleted text end new text begin ; and
new text end

new text begin (11) utilizing a restrictive procedure on any child under the age of five.
new text end

Subd. 5.

Training for staff.

(a) To meet the requirements of subdivision 1, staff who
use restrictive procedures, including paraprofessionals, shall complete training in the
following skills and knowledge areas:

(1) positive behavioral interventions;

(2) communicative intent of behaviors;

(3) relationship building;

(4) alternatives to restrictive procedures, including techniques to identify events and
environmental factors that may escalate behavior;

(5) de-escalation methods;

(6) standards for using restrictive procedures only in an emergency;

(7) obtaining emergency medical assistance;

(8) the physiological and psychological impact of physical holding and seclusion;

(9) monitoring and responding to a child's physical signs of distress when physical
holding is being used;

(10) recognizing the symptoms of and interventions that may cause positional asphyxia
when physical holding is used;

(11) district policies and procedures for timely reporting and documenting each incident
involving use of a restricted procedure; and

(12) schoolwide programs on positive behavior strategies.

(b) The commissioner, after consulting with the commissioner of human services, must
develop and maintain a list of training programs that satisfy the requirements of paragraph
(a). The commissioner also must develop and maintain a list of experts to help individualized
education program teams reduce the use of restrictive procedures. The district shall maintain
records of staff who have been trained and the organization or professional that conducted
the training. The district may collaborate with children's community mental health providers
to coordinate trainings.

Subd. 6.

Behavior supports; reasonable force.

(a) School districts are encouraged to
establish effective schoolwide systems of positive behavior interventions and supports.

(b) Nothing in this section or section 125A.0941 precludes the use of reasonable force
under sections 121A.582; 609.06, subdivision 1; and 609.379. For the 2014-2015 school
year and later, districts must collect and submit to the commissioner summary data, consistent
with subdivision 3, paragraph (b), on district use of reasonable force that is consistent with
the definition of physical holding or seclusion for a child with a disability under this section.

Sec. 47.

Minnesota Statutes 2020, section 144.4165, is amended to read:

144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.

new text begin (a) new text end No person shall at any time smoke, chew, or otherwise ingest tobacco, or carry or
use an activated electronic delivery device as defined in section 609.685, subdivision 1, in
a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or in a charter
school governed by chapter 124E. This prohibition extends to all facilities, whether owned,
rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or
controls.

new text begin (b) new text end Nothing in this section shall prohibit the lighting of tobacco deleted text begin by an adult deleted text end as a part of
a traditional Indian spiritual or cultural ceremony. new text begin An American Indian may carry a medicine
pouch containing loose tobacco intended in observance of traditional spiritual or cultural
practices. new text end For purposes of this section, an Indian is a person who is a member of an Indian
Tribe as defined in section 260.755, subdivision 12 new text begin , or a person who maintains cultural
identification through Tribal affiliation or community recognition new text end .

Sec. 48. new text begin EXTENSION FOR POSTING STUDENT PROGRESS AND OTHER DATA.
new text end

new text begin Notwithstanding Minnesota Statutes, section 120B.36, subdivision 2, for the 2020-2021
school year only, the commissioner must post federal expectations and state student, learning,
and outcome data to the department's public website no later than October 1, 2021.
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. 49. new text begin ACADEMIC STANDARDS REVIEW AND REVISION SUSPENSION.
new text end

new text begin Notwithstanding Minnesota Statutes, section 120B.021, the commissioner of education
must suspend the review and revision of academic standards and related benchmarks in
mathematics and the implementation of revised physical education and arts academic
standards under Minnesota Statutes, section 120B.021, until June 1, 2022. This suspension
does not prevent the commissioner from supporting schools and districts with future
implementation, continuing with current rulemaking activities, or developing future statewide
assessments in science or reading. The commissioner must implement a review and revision
of the academic standards and related benchmarks in mathematics beginning in the 2022-2023
school year.
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. 50. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering. The revisor shall also make any technical language
and other changes necessitated by the renumbering and cross-reference changes in this act.
new text end

	new text begin Column A new text end	new text begin Column B new text end
new text begin General Requirements Statewide Assessments new text end
	new text begin 120B.30, subdivision 1a, paragraph (h) new text end	new text begin 120B.30, subdivision 1 new text end
	new text begin 120B.30, subdivision 1, paragraph (q) new text end	new text begin 120B.30, subdivision 2 new text end
	new text begin 120B.30, subdivision 1a, paragraph (g) new text end	new text begin 120B.30, subdivision 3 new text end
	new text begin 120B.30, subdivision 1b new text end	new text begin 120B.30, subdivision 4 new text end
	new text begin 120B.30, subdivision 1, paragraph (n) new text end	new text begin 120B.30, subdivision 5, paragraph (a) new text end
	new text begin 120B.30, subdivision 1, paragraph (a) new text end	new text begin 120B.30, subdivision 5, paragraph (b) new text end
	new text begin 120B.30, subdivision 1a, paragraph (e) new text end	new text begin 120B.30, subdivision 6, paragraph (a) new text end
	new text begin 120B.30, subdivision 2, paragraph (a) new text end	new text begin 120B.30, subdivision 6, paragraph (b) new text end
	new text begin 120B.30, subdivision 2, paragraph (b), clauses (1) and (2) new text end	new text begin 120B.30, subdivision 6, paragraph (c) new text end
	new text begin 120B.30, subdivision 2 new text end	new text begin 120B.30, subdivision 6, paragraph (d) new text end
	new text begin 120B.30, subdivision 4 new text end	new text begin 120B.30, subdivision 7 new text end
	new text begin 120B.30, subdivision 5 new text end	new text begin 120B.30, subdivision 8 new text end
	new text begin 120B.30, subdivision 6 new text end	new text begin 120B.30, subdivision 9 new text end
	new text begin 120B.30, subdivision 1, paragraph (e) new text end	new text begin 120B.30, subdivision 10 new text end
new text begin General Requirements Test Design new text end
	new text begin 120B.30, subdivision 1a, paragraph (a), clauses (1) to (5) new text end	new text begin 120B.301, subdivision 1 new text end
	new text begin 120B.30, subdivision 1, paragraph (a) new text end	new text begin 120B.301, subdivision 2 new text end
	new text begin 120B.30, subdivision 1, paragraph (b) new text end	new text begin 120B.301, subdivision 3, paragraph (a) new text end
	new text begin 120B.30, subdivision 1, paragraph (n) new text end	new text begin 120B.301, subdivision 3, paragraph (b) new text end
	new text begin 120B.30, subdivision 1a, paragraph (b) new text end	new text begin 120B.301, subdivision 3, paragraph (c) new text end
	new text begin 120B.30, subdivision 1a, paragraph (c), clauses (1) and (2) new text end	new text begin 120B.301, subdivision 3, paragraph (d) new text end
new text begin Assessment Graduation Requirements new text end
	new text begin 120B.30, subdivision 1, paragraph (c), clauses (1) and (2) new text end	new text begin 120B.304, subdivision 1 new text end
	new text begin 120B.30, subdivision 1, paragraph (d) new text end	new text begin 120B.304, subdivision 2 new text end
	new text begin 120B.30, subdivision 1, paragraph (i) new text end	new text begin 120B.304, subdivision 3 new text end
new text begin Assessment Reporting Requirements new text end
	new text begin 120B.30, subdivision 1a, paragraph (f), clauses (1) to (3) new text end	new text begin 120B.305, subdivision 1 new text end
	new text begin 120B.30, subdivision 1a, paragraph (d), clauses (1) to (4) new text end	new text begin 120B.305, subdivision 2, paragraph (a) new text end
	new text begin 120B.30, subdivision 1, paragraph (m) new text end	new text begin 120B.305, subdivision 2, paragraph (b) new text end
	new text begin 120B.30, subdivision 1, paragraph (n) new text end	new text begin 120B.305, subdivision 2, paragraph (c) new text end
	new text begin 120B.30, subdivision 1, paragraph (o), clauses (1) to (4) new text end	new text begin 120B.305, subdivision 3, paragraph (a) new text end
	new text begin 120B.30, subdivision 3 new text end	new text begin 120B.305, subdivision 3, paragraph (b) new text end
new text begin District Assessment Requirements new text end
	new text begin 120B.301, paragraphs (a) to (c) new text end	new text begin 120B.306, subdivision 1 new text end
	new text begin 120B.304, paragraphs (a) and (b) new text end	new text begin 120B.306, subdivision 2 new text end
new text begin College and Career Readiness new text end
	new text begin 120B.30, subdivision 1, paragraph (p) new text end	new text begin 120B.307, subdivision 1 new text end
	new text begin 120B.30, subdivision 1, paragraph (d) new text end	new text begin 120B.307, subdivision 2 new text end
	new text begin 120B.30, subdivision 1, paragraph (f) new text end	new text begin 120B.307, subdivision 3 new text end
	new text begin 120B.30, subdivision 1, paragraph (g) new text end	new text begin 120B.307, subdivision 4, paragraph (a) new text end
	new text begin 120B.30, subdivision 1, paragraph (h) new text end	new text begin 120B.307, subdivision 4, paragraph (b) new text end
	new text begin 120B.30, subdivision 1, paragraph (j) new text end	new text begin 120B.307, subdivision 4, paragraph (c) new text end
	new text begin 120B.30, subdivision 1, paragraph (k) new text end	new text begin 120B.307, subdivision 4, paragraph (d) new text end
	new text begin 120B.30, subdivision 1, paragraph (l) new text end	new text begin 120B.307, subdivision 4, paragraph (e) new text end

Sec. 51. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 120B.35, subdivision 5, new text end new text begin is repealed.
new text end

ARTICLE 3

TEACHERS

Section 1.

new text begin [120B.117] INCREASING PERCENTAGE OF TEACHERS OF COLOR
AND AMERICAN INDIAN TEACHERS IN MINNESOTA.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin This section sets short-term and long-term state goals for
increasing the percentage of teachers of color and American Indian teachers in Minnesota
and for ensuring all students have equitable access to effective and racially and ethnically
diverse teachers who reflect the diversity of students. The goals and report required under
this section are also important for meeting state goals for the world's best workforce under
section 120B.11, achievement and integration under section 124D.861, and higher education
attainment under section 135A.012, all of which have been established to close persistent
opportunity and achievement gaps that limit students' success in school and life and impede
the state's economic growth.
new text end

new text begin Subd. 2. new text end

new text begin Equitable access to racially and ethnically diverse teachers. new text end

new text begin The percentage
of teachers who are of color or American Indian in Minnesota should increase at least two
percentage points per year to have a teaching workforce that more closely reflects the state's
increasingly diverse student population and to ensure all students have equitable access to
effective and diverse teachers by 2040.
new text end

new text begin Subd. 3. new text end

new text begin Rights not created. new text end

new text begin The attainment goal in this section is not to the exclusion
of any other goals and does not confer a right or create a claim for any person.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin Beginning in 2022 and every even-numbered year thereafter, the
Professional Educator Licensing and Standards Board must collaborate with the Department
of Education and the Office of Higher Education to publish a summary report of each of
the programs they administer and any other programs receiving state appropriations that
have or include an explicit purpose of increasing the racial and ethnic diversity of the state's
teacher workforce to more closely reflect the diversity of students. The report must include
programs under sections 122A.2451, 122A.63, 122A.635, 122A.70, 124D.09, 124D.861,
136A.1275, and 136A.1791, along with any other programs or initiatives that receive state
appropriations to address the shortage of teachers of color and American Indian teachers.
The board must, in coordination with the Office of Higher Education and Department of
Education, provide policy and funding recommendations related to state-funded programs
to increase the recruitment, preparation, licensing, hiring, and retention of racially and
ethnically diverse teachers and the state's progress toward meeting or exceeding the goals
of this section. The report must also include recommendations for state policy and funding
needed to achieve the goals of this section, as well as plans for sharing the report and
activities of grant recipients, and opportunities among grant recipients of various programs
to share effective practices with each other. The 2022 report must include a recommendation
of whether a state advisory council should be established to address the shortage of racially
and ethnically diverse teachers and what the composition and charge of such an advisory
council would be if established. The board must consult with the Indian Affairs Council
and other ethnic councils along with other community partners, including students of color
and American Indian students, in developing the report. By November 1 of each
even-numbered year, the board must submit the report to the chairs and ranking minority
members of the legislative committees with jurisdiction over education and higher education
policy and finance. The report must be available to the public on the board's website.
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 begin [120B.25] CURRICULUM POLICY.
new text end

new text begin A school board must adopt a written policy that prohibits discrimination or discipline
for a teacher or principal on the basis of incorporating into curriculum contributions by
persons in a federally protected class or protected class under sections 121A.031 and
363A.13, consistent with local collective bargaining agreements and sections 121A.41 to
121A.56.
new text end

Sec. 3.

new text begin [122A.04] LICENSE REQUIRED.
new text end

new text begin Pursuant to section 120A.22, subdivision 10, a teacher must hold a license or a permission
aligned to the content area and scope of the teacher's assignment to provide instruction in
a public school or a charter school.
new text end

Sec. 4.

Minnesota Statutes 2020, section 122A.06, subdivision 2, is amended to read:

Subd. 2.

Teacher.

"Teacher" means a classroom teacher or other similar professional
employee required new text begin by law new text end to hold a license new text begin or permission new text end from the Professional Educator
Licensing and Standards Board.

Sec. 5.

Minnesota Statutes 2020, section 122A.06, subdivision 5, is amended to read:

Subd. 5.

Field.

A "field new text begin , new text end " new text begin "licensure area," new text end or "subject area" means the content area in
which a teacher may become licensed to teach.

Sec. 6.

Minnesota Statutes 2020, section 122A.06, subdivision 6, is amended to read:

Subd. 6.

Shortage area.

"Shortage area" means:

(1) licensure fields and economic development regions reported by the deleted text begin commissioner
of education deleted text end new text begin Office of Higher Education new text end or the Professional Educator Licensing and
Standards Board as experiencing a teacher shortage; and

(2) economic development regions where deleted text begin there is a shortage of licensed teachers who
reflect the racial or ethnic diversity of students in the region. deleted text end new text begin the aggregate percentage of
Indigenous teachers and teachers of color in the region is lower than the aggregate percentage
of kindergarten through grade 12 Indigenous students and students of color in that region.
Only individuals who close the gap between these percentages qualify as filling a shortage
by this definition.
new text end

Sec. 7.

Minnesota Statutes 2020, section 122A.06, subdivision 7, is amended to read:

Subd. 7.

Teacher preparation program.

"Teacher preparation program" means a
program approved by the Professional Educator Licensing and Standards Board for the
purpose of preparing individuals for a specific teacher licensure field in Minnesota. deleted text begin Teacher
preparation programs include traditional programs delivered by postsecondary institutions,
alternative teacher preparation programs, and nonconventional teacher preparation programs.
deleted text end

Sec. 8.

Minnesota Statutes 2020, section 122A.06, subdivision 8, is amended to read:

Subd. 8.

Teacher preparation program provider.

"Teacher preparation program
provider" or "unit" means an entity that has primary responsibility for overseeing and
delivering a teacher preparation program. new text begin Teacher preparation program providers include
postsecondary institutions and alternative teacher preparation providers aligned to section
122A.094.
new text end

Sec. 9.

Minnesota Statutes 2020, section 122A.06, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin District. new text end

new text begin "District" means a public school district or charter school.
new text end

Sec. 10.

new text begin [122A.094] TEACHER PREPARATION PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin Teacher preparation providers must be approved by the
Professional Educator Licensing and Standards Board to prepare candidates for teacher
licensure in Minnesota. To provide alternative pathways toward Minnesota teacher licensure
outside of the traditional means, improve ethnic and cultural diversity in the classroom, and
to close the achievement gap, the Professional Educator Licensing and Standards Board
must approve qualified teacher preparation providers and programs under this section that
are a means to acquire a Tier 2 license under section 122A.182 and prepare for acquiring a
Tier 3 license under section 122A.183.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin The following organizations are eligible to seek approval to be a
teacher preparation provider:
new text end

new text begin (1) Minnesota institutions of higher education;
new text end

new text begin (2) school districts;
new text end

new text begin (3) charter schools; and
new text end

new text begin (4) nonprofit corporations organized under chapter 317A for an education-related purpose.
new text end

new text begin Subd. 3. new text end

new text begin Requirements for provider approval. new text end

new text begin An eligible entity must be approved
as a provider before being approved to provide programs toward licensure. The Professional
Educator Licensing and Standards Board must approve an eligible entity under subdivision
3 that meets the following requirements:
new text end

new text begin (1) has evidence and history of fiscal solvency, capacity, and operation;
new text end

new text begin (2) possesses necessary infrastructure to provide accurate, timely, and secure data for
the purposes of admission, candidate monitoring, testing, and program completion
requirements;
new text end

new text begin (3) has policies and procedures in place ensuring the security of candidate records under
the federal Family Educational Rights and Privacy Act;
new text end

new text begin (4) has developed a research-based, results-oriented curriculum that focuses on the skills
teachers need to be effective;
new text end

new text begin (5) provides a clinical experience that meets criteria set in rule for initial and additional
licensure programs;
new text end

new text begin (6) includes a common core of teaching knowledge and skills. The Professional Educator
Licensing and Standards Board must adopt and revise rules to maintain a common core of
teaching knowledge and skills;
new text end

new text begin (7) includes instruction on the knowledge and skills needed to provide appropriate
instruction to English learners to support and accelerate their academic literacy, including
oral academic language and achievement in content areas in a regular classroom setting;
and
new text end

new text begin (8) includes culturally competent training on instructional strategies consistent with
section 120B.30, subdivision 1, paragraph (q), and Minnesota Rules, part 8710.0310, subpart
1, item D.
new text end

new text begin Subd. 4. new text end

new text begin Program approval. new text end

new text begin The board must adopt and revise rules outlining the criteria
by which programs offered by approved providers may be approved. If the board determines
that a teacher preparation provider or licensure program fails to meet or is deficient in any
of the requirements in rule, it may suspend or revoke the approval of the provider or program
after it notifies the provider of the deficiencies and gives the provider an opportunity to
remedy the deficiencies.
new text end

new text begin Subd. 5. new text end

new text begin Specialized credentials. new text end

new text begin The board may adopt and revise rules creating flexible,
specialized teaching licenses, credentials, and other endorsement forms.
new text end

new text begin Subd. 6. new text end

new text begin Teacher educators. new text end

new text begin (a) The board must adopt and revise rules requiring teacher
educators to work directly with elementary or secondary school teachers in elementary or
secondary schools to obtain periodic exposure to the elementary and secondary teaching
environments.
new text end

new text begin (b) The board must adopt and revise rules for the qualifications for teacher educators.
The board may use nontraditional criteria to determine qualifications of teacher educators,
including permitting instructors to hold a baccalaureate degree only. Nontraditional criteria
may include previous work experiences, teaching experiences, educator evaluations,
industry-recognized certifications, and other equivalent demonstrations of qualifications.
new text end

new text begin Subd. 7. new text end

new text begin Reading strategies. new text end

new text begin (a) A teacher preparation provider approved by the
Professional Educator Licensing and Standards Board to prepare persons for classroom
teacher licensure must include in its teacher preparation programs research-based best
practices in reading, consistent with section 122A.06, subdivision 4, that enable the licensure
candidate to teach reading in the candidate's content areas. Teacher candidates must be
instructed in using students' native languages as a resource in creating effective differentiated
instructional strategies for English learners developing literacy skills. A teacher preparation
provider must also prepare early childhood and elementary teacher candidates for Tier 3
and Tier 4 teaching licenses under sections 122A.183 and 122A.184, respectively, for the
portion of the examination under section 122A.185, subdivision 1, paragraph (c), covering
assessment of reading instruction.
new text end

new text begin (b) Board-approved teacher preparation programs for teachers of elementary education
must require instruction in applying comprehensive, scientifically based or evidence-based,
and structured reading instruction programs that:
new text end

new text begin (1) teach students to read using foundational knowledge, practices, and strategies
consistent with section 122A.06, subdivision 4, so that all students achieve continuous
progress in reading; and
new text end

new text begin (2) teach specialized instruction in reading strategies, interventions, and remediations
that enable students of all ages and proficiency levels to become proficient readers.
new text end

new text begin (c) Board-approved teacher preparation programs for teachers of elementary education,
early childhood education, special education, and reading intervention must include
instruction on dyslexia, as defined in section 125A.01, subdivision 2. Teacher preparation
programs may consult with the Department of Education, including the dyslexia specialist
under section 120B.122, to develop instruction under this paragraph. Instruction on dyslexia
must be modeled on practice standards of the International Dyslexia Association and must
address:
new text end

new text begin (1) the nature and symptoms of dyslexia;
new text end

new text begin (2) resources available for students who show characteristics of dyslexia;
new text end

new text begin (3) evidence-based instructional strategies for students who show characteristics of
dyslexia, including the structured literacy approach; and
new text end

new text begin (4) outcomes of intervention and lack of intervention for students who show
characteristics of dyslexia.
new text end

new text begin (d) Nothing in this section limits the authority of a school district to select a school's
reading program or curriculum.
new text end

new text begin Subd. 8. new text end

new text begin Technology strategies. new text end

new text begin All preparation providers approved by the Professional
Educator Licensing and Standards Board to prepare persons for classroom teacher licensure
must include in their teacher preparation programs the knowledge and skills teacher
candidates need to engage students with technology and deliver digital and blended learning
and curriculum.
new text end

new text begin Subd. 9. new text end

new text begin Reports. new text end

new text begin (a) The Professional Educator Licensing and Standards Board must
report annually to the education committees of the legislature on the performance of teacher
candidates aligned to section 122A.091, subdivision 1.
new text end

new text begin (b) The board must also submit a biennial report on the alternative teacher preparation
providers to legislative committees having jurisdiction over kindergarten through grade 12
education policy and finance by January 15 of each odd-numbered year.
new text end

Sec. 11.

Minnesota Statutes 2020, section 122A.15, subdivision 1, is amended to read:

Subdivision 1.

Teachers.

The term "teachers" for the purpose of licensure, means all
persons employed in a public school or education district or by a service cooperative as
members of the instructional, supervisory, and support staff including superintendents,
principals, supervisors, secondary vocational and other classroom teachers, librarians, new text begin school
new text end counselors, school psychologists, school nurses, school social workers, audio-visual directors
and coordinators, recreation personnel, media generalists, media supervisors, and deleted text begin speech
therapists deleted text end new text begin school speech-language pathologists. This definition does not apply to sections
122A.05 to 122A.093 new text end .

Sec. 12.

Minnesota Statutes 2020, section 122A.16, is amended to read:

122A.16 QUALIFIED TEACHER DEFINED.

A qualified teacher is one holding a valid license deleted text begin , deleted text end new text begin or permission new text end under this chapter deleted text begin , deleted text end to
perform the particular service for which the teacher is employed in a public school.

Sec. 13.

Minnesota Statutes 2020, section 122A.18, subdivision 7a, is amended to read:

Subd. 7a.

deleted text begin Permission deleted text end new text begin License new text end to substitute teach.

new text begin (a) The Professional Educator
Licensing and Standards Board must issue licenses to substitute teach to applicants who
meet the qualifications prescribed in this subdivision and in Minnesota Rules.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end The Professional Educator Licensing and Standards Board may deleted text begin allow a person deleted text end new text begin
issue a short-call substitute teaching license to an applicant new text end who otherwise qualifies for a
Tier 1 license in accordance with section 122A.181, subdivision 2, or is enrolled in and
making satisfactory progress in a deleted text begin board-approved deleted text end new text begin state-approved new text end teacher program and who
has successfully completed student teaching deleted text begin to be employed as a short-call substitute teacher deleted text end .

deleted text begin (b) deleted text end new text begin (c) new text end The Professional Educator Licensing and Standards Board may issue a lifetime
qualified short-call or long-call substitute teaching license to deleted text begin a person deleted text end new text begin an applicant new text end who:

(1) was a qualified teacher under section 122A.16 while holding a Tier 3 or Tier 4
teaching license issued by the board, under sections 122A.183 and 122A.184, respectively,
and receives a retirement annuity from the Teachers Retirement Association or the St. Paul
Teachers Retirement Fund Association;

(2) holds an out-of-state teaching license and receives a retirement annuity as a result
of the person's teaching experience; or

(3) held a Tier 3 or Tier 4 teaching license issued by the board, under sections 122A.183
and 122A.184, respectively, taught at least three school years in an accredited nonpublic
school in Minnesota, and receives a retirement annuity as a result of the person's teaching
experience.

A person holding a lifetime qualified short-call or long-call substitute teaching license is
not required to complete continuing education clock hours. A person holding this license
may reapply to the board for either:

(i) a Tier 3 or Tier 4 teaching license under sections 122A.183 and 122A.184,
respectively, and must again complete deleted text begin continuing education clock hours deleted text end new text begin renewal requirements
pursuant to section 122A.187 new text end one school year after receiving the Tier 3 or Tier 4 teaching
license; or

(ii) a Tier 1 license under section 122A.181, provided that the deleted text begin candidate deleted text end new text begin applicant new text end has
a bachelor's degree, an associate's degree, or an appropriate professional credential in the
content area the deleted text begin candidate deleted text end new text begin applicant new text end will teach, in accordance with section 122A.181,
subdivision 2.

Sec. 14.

Minnesota Statutes 2020, section 122A.18, subdivision 8, is amended to read:

Subd. 8.

Background deleted text begin checks deleted text end new text begin studies new text end .

(a) The Professional Educator Licensing and
Standards Board and the Board of School Administrators must deleted text begin obtain deleted text end new text begin initiate new text end a criminal
history background deleted text begin check deleted text end new text begin study new text end on all first-time deleted text begin teaching deleted text end applicants for new text begin educator new text end licenses
under their jurisdiction. Applicants must include with their licensure applications:

(1) an executed criminal history consent form, including fingerprints; and

(2) payment to conduct the background check. The Professional Educator Licensing and
Standards Board must deposit payments received under this subdivision in an account in
the special revenue fund. Amounts in the account are annually appropriated to the
Professional Educator Licensing and Standards Board to pay for the costs of background
checks on applicants for licensure.

(b) The background check for all first-time teaching applicants for licenses must include
a review of information from the Bureau of Criminal Apprehension, including criminal
history data as defined in section 13.87, and must also include a review of the national
criminal records repository. The superintendent of the Bureau of Criminal Apprehension
is authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes
of the criminal history check. The superintendent shall recover the cost to the bureau of a
background check through the fee charged to the applicant under paragraph (a).

(c) The Professional Educator Licensing and Standards Board deleted text begin must contract with deleted text end new text begin and
the Board of School Administrators may initiate criminal background studies through new text end the
commissioner of human services to deleted text begin conduct background checks and deleted text end obtain background
check data required under this chapter.

Sec. 15.

Minnesota Statutes 2020, section 122A.18, subdivision 10, is amended to read:

Subd. 10.

Licensure via portfolio.

(a) The Professional Educator Licensing and Standards
Board must adopt new text begin and revise new text end rules establishing a process for an eligible deleted text begin candidate deleted text end new text begin applicant new text end
to obtain deleted text begin any teacher deleted text end new text begin an initial Tier 3 new text end license deleted text begin under subdivision 1 deleted text end , or to add a licensure field deleted text begin , deleted text end new text begin
to a Tier 3 or Tier 4 license new text end via portfolio. The portfolio licensure application process must
be consistent with the requirements in this subdivision.

(b) deleted text begin A candidate deleted text end new text begin An applicant new text end for deleted text begin a deleted text end new text begin an initial Tier 3 new text end license new text begin via portfolio new text end must submit to
the board one portfolio demonstrating pedagogical competence and one portfolio
demonstrating content competence.

(c) deleted text begin A candidate deleted text end new text begin An applicant new text end seeking to add a licensure field new text begin via portfolio new text end must submit
to the board one portfolio demonstrating content competence for each licensure field the
candidate seeks to add.

(d) The board must notify deleted text begin a candidate deleted text end new text begin an applicant new text end who submits a portfolio under
paragraph (b) or (c) within deleted text begin 90 deleted text end new text begin 120 new text end calendar days after the portfolio is received whether or
not the portfolio is approved. If the portfolio is not approved, the board must deleted text begin immediately deleted text end
inform the deleted text begin candidate deleted text end new text begin applicant new text end how to revise the portfolio to successfully demonstrate the
requisite competence. The deleted text begin candidate deleted text end new text begin applicant new text end may resubmit a revised portfolio deleted text begin at any time deleted text end new text begin
within two years new text end and the board must approve or disapprove the revised portfolio within deleted text begin 60 deleted text end new text begin
90 new text end calendar days of receiving it.

(e) deleted text begin A candidate deleted text end new text begin An applicant new text end must pay a fee for a portfolio in accordance with section
122A.21, subdivision 4.

Sec. 16.

Minnesota Statutes 2020, section 122A.181, subdivision 1, is amended to read:

Subdivision 1.

Application requirements.

The Professional Educator Licensing and
Standards Board must approve deleted text begin a request from a district or charter school to issue a Tier 1
license in a specified content area to a candidate deleted text end new text begin an application for a Tier 1 license in a
specified content area new text end if:

(1) new text begin the application has been submitted jointly by the applicant and the district;
new text end

new text begin (2) the application has been paid for by the district or the applicant;
new text end

new text begin (3) new text end the deleted text begin candidate deleted text end new text begin applicant new text end meets the professional requirement in subdivision 2;

deleted text begin (2) deleted text end new text begin (4) new text end the district or charter school affirms that the deleted text begin candidate deleted text end new text begin applicant new text end has the necessary
skills and knowledge to teach in the specified content area; deleted text begin and
deleted text end

deleted text begin (3) deleted text end new text begin (5) new text end the district or charter school demonstrates that deleted text begin : (i) deleted text end a criminal background check
under section 122A.18, subdivision 8, has been completed on the deleted text begin candidate deleted text end new text begin applicant new text end ; and

deleted text begin (ii) deleted text end new text begin (6) new text end the district or charter school has posted the teacher position but was unable to
hire an acceptable teacher with a Tier 2, 3, or 4 license for the position.

Sec. 17.

Minnesota Statutes 2020, section 122A.181, subdivision 2, is amended to read:

Subd. 2.

Professional requirements.

deleted text begin (a) A candidate deleted text end new text begin An applicant new text end for a Tier 1 license
must have a bachelor's degree to teach a class or course deleted text begin outside a career and technical
education or career pathways course of study deleted text end new text begin , unless specifically exempt by state statute or
rule new text end .

deleted text begin (b) A candidate for a Tier 1 license must have one of the following credentials in a
relevant content area to teach a class in a career and technical education or career pathways
course of study:
deleted text end

deleted text begin (1) an associate's degree;
deleted text end

deleted text begin (2) a professional certification; or
deleted text end

deleted text begin (3) five years of relevant work experience.
deleted text end

Sec. 18.

Minnesota Statutes 2020, section 122A.181, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Exemptions from a bachelor's degree. new text end

new text begin (a) The following applicants for a
Tier 1 license are exempt from the requirement to hold a bachelor's degree in subdivision
2:
new text end

new text begin (1) an applicant for a Tier 1 license to teach career and technical education or career
pathways courses of study if the applicant has:
new text end

new text begin (i) an associate's degree;
new text end

new text begin (ii) a professional certification; or
new text end

new text begin (iii) five years of relevant work experience;
new text end

new text begin (2) an applicant for a Tier 1 license to teach world languages and culture pursuant to
Minnesota Rules, part 8710.4950, if the applicant is a native speaker of the language;
new text end

new text begin (3) an applicant for a Tier 1 license in the performing or visual arts pursuant to Minnesota
Rules, parts 8710.4300 (dance and theater), 8710.4310 (dance), 8710.4320 (theater),
8710.4650 (vocal music and instrumental music), and 8710.4900 (visual arts), if the applicant
has at least five years of relevant work experience; and
new text end

new text begin (4) an applicant for a Tier 1 license who is enrolled in a state-approved teacher preparation
program classified as a residency model aligned to the scope and field of the assignment.
The residency program must lead to a bachelor's degree unless the program is aligned to
one of the licensure areas outlined in this subdivision.
new text end

new text begin (b) The Professional Educator Licensing and Standards Board must adopt and revise
rules regarding the qualifications and determinations for applicants exempt from paragraph
(a).
new text end

Sec. 19.

Minnesota Statutes 2020, 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). deleted text begin The board may submit written comments
to the district or charter school that requested the renewal regarding the candidate.
deleted text end

(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;

deleted text begin (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 end

deleted text begin (3) deleted text end new text begin (2) new text end the teacher holding the Tier 1 license participated in cultural competency training
consistent with section 120B.30, subdivision 1, paragraph (q) deleted text begin , within one year of the board
approving the request for the initial Tier 1 license deleted text end ; deleted text begin and
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end the teacher holding the Tier 1 license met the mental illness training renewal
requirement under section 122A.187, subdivision 6 deleted text begin . deleted text end new text begin ; and
new text end

deleted text begin 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.
deleted text end

new text begin (4) the district demonstrates professional development opportunities and other supports
provided to move the teacher from a Tier 1 license to a higher tier.
new text end

(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. deleted text begin 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.
deleted text end

Sec. 20.

Minnesota Statutes 2020, section 122A.181, subdivision 4, is amended to read:

Subd. 4.

Application.

The Professional Educator Licensing and Standards Board must
accept new text begin and review new text end applications for a Tier 1 teaching license beginning July 1 of the school
year for which the license is requested deleted text begin and must issue or deny the Tier 1 teaching license
within 30 days of receiving the completed application deleted text end new text begin , unless permitted by the board to
accept and review applications earlier new text end .

Sec. 21.

Minnesota Statutes 2020, section 122A.181, subdivision 5, is amended to read:

Subd. 5.

Limitations on license.

(a) A Tier 1 license is limited to the content matter
indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and
limited to the district or charter school that requested the initial Tier 1 license.

(b) A Tier 1 license does not bring an individual within the definition of a teacher for
purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).

deleted text begin (c) A Tier 1 license does not bring an individual within the definition of a teacher under
section 179A.03, subdivision 18.
deleted text end

Sec. 22.

Minnesota Statutes 2020, section 122A.181, subdivision 6, is amended to read:

Subd. 6.

Mentorship and evaluation.

(a) deleted text begin A teacher holding a Tier 1 license must
participate in the employing district or charter school's mentorship program and professional
development. deleted text end new text begin A district that hires a Tier 1 teacher must provide mentorship aligned to
board-adopted criteria and professional development opportunities to that teacher.
new text end

(b) A teacher holding a Tier 1 license must participate in an evaluation aligned, to the
extent practicable, with the evaluation under section 122A.40, subdivision 8, or 122A.41,
subdivision 5.

Sec. 23.

Minnesota Statutes 2020, section 122A.182, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

deleted text begin (a) deleted text end The Professional Educator Licensing and Standards
Board must approve deleted text begin a request from a district or charter school to issue deleted text end new text begin an application for new text end a
Tier 2 license in a specified content area deleted text begin to a candidate deleted text end if:

(1) deleted text begin the candidate meets the educational or professional requirements in paragraph (b)
or (c) deleted text end new text begin the application has been submitted jointly by the applicant and the district new text end ;

deleted text begin (2) the candidate:
deleted text end

deleted text begin (i) has completed the coursework required under subdivision 2;
deleted text end

deleted text begin (ii) is enrolled in a Minnesota-approved teacher preparation program; or
deleted text end

deleted text begin (iii) has a master's degree in the specified content area; and
deleted text end

deleted text begin (3) the district or charter school demonstrates that a criminal background check under
section 122A.18, subdivision 8, has been completed on the candidate.
deleted text end

deleted text begin (b) A candidate for a Tier 2 license must have a bachelor's degree to teach a class outside
a career and technical education or career pathways course of study.
deleted text end

deleted text begin (c) A candidate for a Tier 2 license must have one of the following credentials in a
relevant content area to teach a class or course in a career and technical education or career
pathways course of study:
deleted text end

deleted text begin (1) an associate's degree;
deleted text end

deleted text begin (2) a professional certification; or
deleted text end

deleted text begin (3) five years of relevant work experience.
deleted text end

new text begin (2) the application has been paid for by the district or the applicant;
new text end

new text begin (3) the applicant holds a bachelor's degree, unless specifically exempt by statute or rule;
new text end

new text begin (4) the district demonstrates that a criminal background check under section 122A.18,
subdivision 8, has been completed for the applicant; and
new text end

new text begin (5) the applicant:
new text end

new text begin (i) has a master's degree in the specified content area;
new text end

new text begin (ii) is enrolled in a state-approved teacher preparation program; or
new text end

new text begin (iii) for a license to teach career and technical education and career pathways, has
completed two years of field-specific teaching experience on a Tier 1 license and completed
training in classroom management, cultural competency, and teacher ethics.
new text end

Sec. 24.

Minnesota Statutes 2020, section 122A.182, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Coursework deleted text end new text begin Exemptions from a bachelor's degree new text end .

deleted text begin (a) A candidate for a
Tier 2 license must meet the coursework requirement by demonstrating completion of two
of the following:
deleted text end

deleted text begin (1) at least eight upper division or graduate-level credits in the relevant content area;
deleted text end

deleted text begin (2) field-specific methods of training, including coursework;
deleted text end

deleted text begin (3) at least two years of teaching experience in a similar content area in any state, as
determined by the board;
deleted text end

deleted text begin (4) a passing score on the pedagogy and content exams under section 122A.185; or
deleted text end

deleted text begin (5) completion of a state-approved teacher preparation program.
deleted text end

deleted text begin (b) For purposes of paragraph (a), "upper division" means classes normally taken at the
junior or senior level of college which require substantial knowledge and skill in the field.
Candidates must identify the upper division credits that fulfill the requirement in paragraph
(a), clause (1).
deleted text end

new text begin (a) The following applicants for a Tier 2 license are exempt from the requirement to
hold a bachelor's degree in subdivision 1:
new text end

new text begin (1) an applicant for a Tier 2 license to teach career and technical education or career
pathways courses of study when the applicant has:
new text end

new text begin (i) an associate's degree;
new text end

new text begin (ii) a professional certification; or
new text end

new text begin (iii) five years of relevant work experience;
new text end

new text begin (2) an applicant for a Tier 2 license to teach world languages and culture pursuant to
Minnesota Rules, part 8710.4950, when the applicant is a native speaker of the language.
new text end

new text begin (3) an applicant for a Tier 2 license in the performing or visual arts pursuant to Minnesota
Rules, parts 8710.4300 (dance and theater), 8710.4310 (dance), 8710.4320 (theater),
8710.4650 (vocal music and instrumental music), and 8710.4900 (visual arts), when the
applicant has at least five years of relevant work experience.
new text end

new text begin (b) The Professional Educator Licensing and Standards Board must adopt and revise
rules regarding the qualifications and determinations for applicants exempt from the
requirement to hold a bachelor's degree in subdivision 1.
new text end

Sec. 25.

Minnesota Statutes 2020, section 122A.182, subdivision 3, is amended to read:

Subd. 3.

Term of license and renewal.

new text begin (a) new text end 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 deleted text begin three deleted text end new text begin two new text end times. new text begin The board must adopt rules establishing good cause
justifications for additional renewals after the initial license has been renewed two times.
new text end

new text begin (b) A teacher holding a Tier 2 license in career and technical education or career pathways
course of study may receive unlimited renewals.
new text end

new text begin (c) new text end Before a Tier 2 license is renewed deleted text begin for the first time deleted text end , a teacher holding a Tier 2 license
must participate in cultural competency training consistent with section 120B.30, subdivision
1, paragraph (q) deleted text begin , and deleted text end new text begin ; new text end mental illness training under section 122A.187, subdivision 6 deleted text begin . The
board must issue rules setting forth the conditions for additional renewals after the initial
license has been renewed three times deleted text end new text begin ; and the district demonstrates professional development
opportunities and other supports provided to move the teacher to a higher tier new text end .

Sec. 26.

Minnesota Statutes 2020, section 122A.182, subdivision 4, is amended to read:

Subd. 4.

Application.

The Professional Educator Licensing and Standards Board must
accept new text begin and review new text end applications for a Tier 2 teaching license beginning July 1 of the school
year for which the license is requested deleted text begin and must issue or deny the Tier 2 teaching license
within 30 days of receiving the completed application deleted text end new text begin , unless permitted by the board to
accept and review applications earlier new text end .

Sec. 27.

Minnesota Statutes 2020, section 122A.182, subdivision 7, is amended to read:

Subd. 7.

Mentorship and evaluation.

(a) deleted text begin A teacher holding a Tier 2 license must
participate in the employing district or charter school's mentorship and evaluation program,
including an individual growth and development plan that includes cultural competency
under section 120B.30, subdivision 1, paragraph (q). deleted text end new text begin A district that hires a teacher holding
a Tier 2 license must provide mentorship aligned to board-adopted criteria to that teacher
and professional development opportunities.
new text end

(b) A teacher holding a Tier 2 license must participate in an evaluation aligned, to the
extent practicable, with the evaluation under section 122A.40, subdivision 8, or section
122A.41, subdivision 5.

Sec. 28.

Minnesota Statutes 2020, section 122A.183, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) The Professional Educator Licensing and Standards
Board must issue a Tier 3 license to deleted text begin a candidate deleted text end new text begin an applicant new text end who provides information
sufficient to demonstrate all of the following:

deleted text begin (1) the candidate meets the educational or professional requirements in paragraphs (b)
and (c);
deleted text end

deleted text begin (2) the candidate has obtained a passing score on the required licensure exams under
section 122A.185; and
deleted text end

new text begin (1) the applicant for a Tier 3 license must have a bachelor's degree to teach a class or
course, unless specifically exempt by state statute or rule; and
new text end

deleted text begin (3) deleted text end new text begin (2) new text end the deleted text begin candidate deleted text end new text begin applicant new text end has completed the coursework required under subdivision
2.

deleted text begin (b) A candidate for a Tier 3 license must have a bachelor's degree to teach a class or
course outside a career and technical education or career pathways course of study.
deleted text end

deleted text begin (c) A candidate for a Tier 3 license must have one of the following credentials in a
relevant content area to teach a class or course in a career and technical education or career
pathways course of study:
deleted text end

deleted text begin (1) an associate's degree;
deleted text end

deleted text begin (2) a professional certification; or
deleted text end

deleted text begin (3) five years of relevant work experience.
deleted text end

deleted text begin In consultation with the governor's Workforce Development Board established under section
116L.665, the board must establish a list of qualifying certifications, and may add additional
professional certifications in consultation with school administrators, teachers, and other
stakeholders.
deleted text end

new text begin (b) The board must issue a Tier 3 license to an applicant who provides information
sufficient to demonstrate the following, regardless of whether the candidate meets other
requirements in this section:
new text end

new text begin (1) the applicant has completed student teaching comparable to the student teaching
expectations in Minnesota; and
new text end

new text begin (2) the applicant has completed either:
new text end

new text begin (i) a teacher preparation program from a culturally specific Minority Serving Institution
in the United States, such as Historically Black Colleges and Universities, Tribal Colleges,
or Hispanic-Serving Institutions including those in Puerto Rico, and is eligible for a teacher
license in another state; or
new text end

new text begin (ii) a university teacher preparation program in another country and has taught at least
two years.
new text end

Sec. 29.

Minnesota Statutes 2020, section 122A.183, subdivision 2, is amended to read:

Subd. 2.

Coursework.

deleted text begin A candidate deleted text end new text begin An applicant new text end for a Tier 3 license must meet the
coursework requirement by demonstrating one of the following:

(1) completion of a Minnesota-approved teacher preparation program;

(2) completion of a state-approved teacher preparation program that includes field-specific
student teaching equivalent to field-specific student teaching in Minnesota-approved teacher
preparation programs. The field-specific student teaching requirement does not apply to deleted text begin a
candidate deleted text end new text begin an applicant new text end that has two years of new text begin field-specific new text end teaching experience;

(3) submission of a content-specific licensure portfolio;

(4) a professional teaching license from another state, evidence that the deleted text begin candidate's deleted text end new text begin
applicant's new text end license is in good standing, and two years of new text begin field-specific new text end teaching experience;
or

(5) new text begin the applicant fills a shortage area under section 122A.06, subdivision 6, and has new text end three
years of teaching experience under a Tier 2 license and evidence of summative teacher
evaluations that did not result in placing or otherwise keeping the teacher on an improvement
process pursuant to section 122A.40, subdivision 8, or section 122A.41, subdivision 5.

Sec. 30.

Minnesota Statutes 2020, section 122A.183, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Exemptions from a bachelor's degree. new text end

new text begin (a) The following applicants for a
Tier 3 license are exempt from the requirement to hold a bachelor's degree in subdivision
1:
new text end

new text begin (1) an applicant for a Tier 3 license to teach career and technical education or career
pathways courses of study when the applicant has:
new text end

new text begin (i) an associate's degree;
new text end

new text begin (ii) a professional certification; or
new text end

new text begin (iii) five years of relevant work experience;
new text end

new text begin (2) an applicant for a Tier 3 license to teach world languages and culture pursuant to
Minnesota Rules, part 8710.4950, if the applicant is a native speaker of the language; and
new text end

new text begin (3) an applicant for a Tier 3 license in the performing or visual arts pursuant to Minnesota
Rules, parts 8710.4300 (dance and theater), 8710.4310 (dance), 8710.4320 (theater),
8710.4650 (vocal music and instrumental music), and 8710.4900 (visual arts), if the applicant
has at least five years of relevant work experience.
new text end

new text begin (b) The Professional Educator Licensing and Standards Board must adopt and revise
rules regarding the qualifications and determinations for applicants exempt from subdivision
1.
new text end

Sec. 31.

Minnesota Statutes 2020, section 122A.183, 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 3 license for a term of three years. new text begin Before a Tier
3 license is renewed for the first time, the applicant must meet initial teacher renewal
requirements in section 122A.187. new text end A Tier 3 license may be renewed every three years
without limitation.

Sec. 32.

Minnesota Statutes 2020, section 122A.184, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

new text begin (a) new text end The Professional Educator Licensing and Standards
Board must issue a Tier 4 license to deleted text begin a candidate deleted text end new text begin an applicant new text end who provides information
sufficient to demonstrate all of the following:

(1) the deleted text begin candidate deleted text end new text begin applicant new text end meets all requirements for a Tier 3 license under section
122A.183, and has completed a teacher preparation program under section 122A.183,
subdivision 2, clause (1) or (2);

(2) the deleted text begin candidate deleted text end new text begin applicant new text end has at least three years of new text begin field-specific new text end teaching experience
deleted text begin in Minnesota deleted text end new text begin as a teacher of record new text end ;

(3) the deleted text begin candidate deleted text end new text begin applicant new text end has obtained a passing score on all required licensure exams
under section 122A.185; and

(4) deleted text begin the candidate's most recent summative teacher evaluation did not result in placing
or otherwise keeping the teacher in an improvement process pursuant to section 122A.40,
subdivision 8, or 122A.41, subdivision 5 deleted text end new text begin if the applicant previously held a Tier 3 license
under section 122A.183, the applicant has completed the initial teacher renewal requirements
in section 122A.187 new text end .

new text begin (b) Notwithstanding paragraph (a), the board must issue a Tier 4 license to an applicant
who provides information sufficient to demonstrate that the applicant has teaching experience
in another state and achieved tenure, has continuing contract status, or has completed three
consecutive years of employment for at least 120 days per year with a single employer.
new text end

Sec. 33.

Minnesota Statutes 2020, section 122A.184, subdivision 2, is amended to read:

Subd. 2.

Term of license and renewal.

The Professional Educator Licensing and
Standards Board must issue an initial Tier 4 license for a term of five years. A Tier 4 license
may be renewed every five years without limitation new text begin if the applicant meets the continuing
teacher renewal requirements in section 122A.187 new text end .

Sec. 34.

Minnesota Statutes 2020, section 122A.185, subdivision 1, is amended to read:

Subdivision 1.

Tests.

deleted text begin (a) The Professional Educator Licensing and Standards Board
must adopt rules requiring a candidate to demonstrate a passing score on a board-adopted
examination of skills in reading, writing, and mathematics before being granted a Tier 4
teaching license under section 122A.184 to provide direct instruction to pupils in elementary,
secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or Tier
3 license to provide direct instruction to pupils in elementary, secondary, or special education
programs if candidates meet the other requirements in section 122A.181, 122A.182, or
122A.183, respectively.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end The board must adopt new text begin and revise new text end rules requiring deleted text begin candidates deleted text end new text begin applicants new text end for deleted text begin Tier 3
and deleted text end Tier 4 licenses to pass an examination new text begin or performance assessment new text end of general pedagogical
knowledge and examinations of licensure field specific content new text begin , including an examination
taken in another state, if the applicant has not completed a board-approved preparation
program assuring candidates from the program recommended for licensure meet content
and pedagogy licensure standards in Minnesota new text end . The content examination requirement does
not apply if no relevant content exam exists. new text begin Applicants who have satisfactorily completed
a preparation program in another state and passed licensure examinations in that state are
not additionally required to pass similar examinations required in Minnesota.
new text end

deleted text begin (c) Candidates deleted text end new text begin (b) Applicants new text end for initial deleted text begin Tier 3 and deleted text end Tier 4 licenses to teach elementary
students must pass test items assessing the deleted text begin candidates' deleted text end new text begin applicants' new text end knowledge, skill, and
ability in comprehensive, scientifically based reading instruction under section 122A.06,
subdivision 4, knowledge and understanding of the foundations of reading development,
development of reading comprehension and reading assessment and instruction, and the
ability to integrate that knowledge and understanding into instruction strategies under section
122A.06, subdivision 4.

deleted text begin (d) The requirement to pass a board-adopted reading, writing, and mathematics skills
examination does not apply to nonnative English speakers, as verified by qualified Minnesota
school district personnel or Minnesota higher education faculty, who, after meeting the
content and pedagogy requirements under this subdivision, apply for a teaching license to
provide direct instruction in their native language or world language instruction under section
120B.022, subdivision 1.
deleted text end

new text begin (c) All testing centers in the state must provide monthly opportunities for untimed content
and pedagogy examinations. These opportunities must be advertised on the test registration
website. The board must require the exam vendor to provide other equitable opportunities
to pass exams, including waiving testing fees for test takers who qualify for federal grants;
providing free, multiple, full-length practice tests for each exam and free, comprehensive
study guides on the test registration website; making content and pedagogy exams available
in languages other than English for teachers seeking licensure to teach in language immersion
programs; and providing a free, detailed exam results analysis by test objective to assist
candidates who do not pass an exam in identifying areas for improvement. Any candidate
who has not passed a required exam after two attempts must be allowed to retake the exam,
including new versions of the exam, without being charged an additional fee.
new text end

Sec. 35.

Minnesota Statutes 2020, section 122A.185, subdivision 4, is amended to read:

Subd. 4.

Remedial assistance.

(a) A board-approved teacher preparation program must
make available upon request remedial assistance that includes a formal diagnostic component
to persons enrolled in their deleted text begin institution deleted text end new text begin teacher preparation program new text end who did not achieve a
qualifying score on a board-adopted deleted text begin skills deleted text end examination, including those for whom English
is a second language. The teacher preparation programs must make available assistance in
the specific academic areas of candidates' deficiency. new text begin Teacher preparation providers must
report annually on supports provided, number of candidates supported, and demographic
data of those candidates.
new text end

(b) School districts may make available upon request similar, appropriate, and timely
remedial assistance that includes a formal diagnostic component to those persons employed
by the district who completed their teacher education program, who did not achieve a
qualifying score on a board-adopted skills examination, and who received a Tier 1, Tier 2,
or Tier 3 license under section 122A.181, 122A.182, or 122A.183, respectively, to teach in
Minnesota.

Sec. 36.

Minnesota Statutes 2020, section 122A.187, is amended to read:

122A.187 EXPIRATION AND RENEWAL.

Subdivision 1.

License form requirements.

Each license issued under this chapter must
bear the date of issue and the name of the state-approved teacher training provider or
alternative teaching program, as applicable. Licenses must expire and be renewed according
to rules adopted by the Professional Educator Licensing and Standards Board or the Board
of School Administrators. deleted text begin The rules adopted by the Professional Educator Licensing and
Standards Board for renewing a Tier 3 or Tier 4 license under sections 122A.183 and
122A.184, respectively, must include showing satisfactory evidence of successful teaching
or administrative experience for at least one school year during the period covered by the
license in grades or subjects for which the license is valid or completing such additional
preparation as required under this section, or as the Professional Educator Licensing and
Standards Board prescribes. deleted text end The Board of School Administrators shall establish requirements
for renewing the licenses of supervisory personnel except athletic coaches. The Professional
Educator Licensing and Standards Board shall establish requirements for renewing the
licenses of athletic coaches.

Subd. 2.

Local committees.

The Professional Educator Licensing and Standards Board
must receive recommendations from local committees as established by the board for the
renewal of teaching licenses.

Subd. 3.

Professional growth.

(a) Applicants for license renewal for a Tier 3 or Tier 4
license under sections 122A.183 and 122A.184, respectively, who have been employed as
a teacher during the renewal period of the expiring license, as a condition of license renewal,
must present to their local continuing education and relicensure committee or other local
relicensure committee evidence of work that demonstrates professional reflection and growth
in best teaching practices deleted text begin , including among other things, cultural competence in accordance
with section 120B.30, subdivision 1, paragraph (q), and practices in meeting the varied
needs of English learners, from young children to adults under section 124D.59, subdivisions
2 and 2a. A teacher may satisfy the requirements of this paragraph by submitting the teacher's
most recent summative evaluation or improvement plan under section 122A.40, subdivision
8, or 122A.41, subdivision 5 deleted text end .

(b) The Professional Educator Licensing and Standards Board must ensure that its teacher
relicensing requirements include paragraph (a).

new text begin (c) The board may adopt and revise rule setting criteria for initial Tier 3 license renewal
requirements that must be completed before a teacher may move to a Tier 4 license.
new text end

Subd. 4.

Behavior interventions.

The Professional Educator Licensing and Standards
Board must adopt new text begin and revise new text end rules that require all licensed teachers who are renewing a Tier
3 or Tier 4 teaching license under sections 122A.183 and 122A.184, respectively, to include
in the renewal requirements further preparation in the areas of using positive behavior
interventions and in accommodating, modifying, and adapting curricula, materials, and
strategies to appropriately meet the needs of individual students and ensure adequate progress
toward the state's graduation rule.

Subd. 5.

Reading preparation.

The Professional Educator Licensing and Standards
Board must adopt new text begin and revise new text end rules that require all licensed teachers who are renewing a Tier
3 or Tier 4 teaching license under sections 122A.183 and 122A.184, respectively, to include
in the renewal requirements further reading preparation, consistent with section 122A.06,
subdivision 4. deleted text begin The rules do not take effect until they are approved by law. deleted text end Teachers who
do not provide direct instruction including, at least, counselors, school psychologists, school
nurses, school social workers, audiovisual directors and coordinators, and recreation
personnel are exempt from this section.

Subd. 6.

Mental deleted text begin illness deleted text end new text begin health new text end .

The Professional Educator Licensing and Standards
Board must adopt new text begin and revise new text end rules that require all licensed teachers renewing a teaching
license under sections 122A.181 to 122A.184 to include in the renewal requirements at least
one hour of suicide prevention best practices training 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. Initial training must
include understanding the key warning signs of early-onset mental illness in children and
adolescents, and during subsequent licensure renewal periods, training must include 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 Subd. 7. new text end

new text begin Cultural competency. new text end

new text begin The Professional Educator Licensing and Standards
Board must adopt and revise rules that require all licensed teachers renewing a Tier 3 or
Tier 4 license under sections 122A.183 and 122A.184, respectively, to include cultural
competency training.
new text end

new text begin Subd. 8. new text end

new text begin Meeting needs of multilingual learners. new text end

new text begin The Professional Educator Licensing
and Standards Board must adopt and revise rules requiring all licensed teachers renewing
a Tier 3 or Tier 4 license under sections 122A.183 and 122A.184, respectively, to include
a training on meeting the varied needs of multilingual learners from young children to adults
under section 124D.59, subdivisions 2 and 2a.
new text end

new text begin Subd. 9. new text end

new text begin Mandatory renewal requirements. new text end

new text begin The board must adopt and revise rules
setting forth standards that meet all mandatory renewal requirements. All trainings meeting
the renewal requirements for subdivisions 4 to 8 must align to board-adopted criteria. Any
training provided outside of a district, charter school, cooperative unit, or state agency must
be approved by the board to be accepted to meet this renewal requirement.
new text end

Sec. 37.

Minnesota Statutes 2020, section 122A.19, subdivision 4, is amended to read:

Subd. 4.

Teacher preparation programs.

(a) For the purpose of licensing bilingual
and English as a second language teachers, the board may approve new text begin teacher preparation new text end
programs deleted text begin at colleges or universities deleted text end designed for their training.

(b) Programs that prepare English as a second language teachers must provide instruction
in implementing research-based practices designed specifically for English learners. The
programs must focus on developing English learners' academic language proficiency in
English, including oral academic language, giving English learners meaningful access to
the full school curriculum, developing culturally relevant teaching practices appropriate for
immigrant students, and providing more intensive instruction and resources to English
learners with lower levels of academic English proficiency and varied needs, consistent
with section 124D.59, subdivisions 2 and 2a.

Sec. 38.

Minnesota Statutes 2020, section 122A.26, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

new text begin (a) new text end A person who teaches in a community education program
deleted text begin which deleted text end new text begin that new text end qualifies for aid pursuant to section 124D.52 shall continue to meet licensure
requirements as a teacher. A person who teaches in an early childhood and family education
program deleted text begin which deleted text end new text begin that new text end is offered through a community education program and deleted text begin which deleted text end new text begin that new text end
qualifies for community education aid pursuant to section 124D.20 or early childhood and
family education aid pursuant to section 124D.135 shall continue to meet licensure
requirements as a teacher. A person who teaches in a community education course deleted text begin which deleted text end new text begin
that new text end is offered for credit for graduation to persons under 18 years of age shall continue to
meet licensure requirements as a teacher.

new text begin (b) new text end A person who teaches a driver training course deleted text begin which deleted text end new text begin that new text end is offered through a
community education program to persons under 18 years of age shall be licensed by the
Professional Educator Licensing and Standards Board or be subject to section 171.35. A
license which is required for an instructor in a community education program pursuant to
this deleted text begin subdivision deleted text end new text begin paragraph new text end shall not be construed to bring an individual within the definition
of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1,
deleted text begin clause deleted text end new text begin paragraph new text end (a).

Sec. 39.

Minnesota Statutes 2020, section 122A.40, subdivision 5, is amended to read:

Subd. 5.

Probationary period.

(a) The first three consecutive years of a teacher's first
teaching experience in Minnesota in a single district is deemed to be a probationary period
of employment, and, the probationary period in each district in which the teacher is thereafter
employed shall be one year. The school board must adopt a plan for written evaluation of
teachers during the probationary period that is consistent with subdivision 8. Evaluation
must occur at least three times periodically throughout each school year for a teacher
performing services during that school year; the first evaluation must occur within the first
90 days of teaching service. Days devoted to parent-teacher conferences, teachers' workshops,
and other staff development opportunities and days on which a teacher is absent from school
must not be included in determining the number of school days on which a teacher performs
services. Except as otherwise provided in paragraph (b), during the probationary period any
annual contract with any teacher may or may not be renewed as the school board shall see
fit. However, the board must give any such teacher whose contract it declines to renew for
the following school year written notice to that effect before July 1. If the teacher requests
reasons for any nonrenewal of a teaching contract, the board must give the teacher its reason
in writing, including a statement that appropriate supervision was furnished describing the
nature and the extent of such supervision furnished the teacher during the employment by
the board, within ten days after receiving such request. The school board may, after a hearing
held upon due notice, discharge a teacher during the probationary period for cause, effective
immediately, under section 122A.44.

(b) A board must discharge a probationary teacher, effective immediately, upon receipt
of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has
been revoked due to a conviction for child abuse or sexual abuse.

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code,
title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
of paragraph (a).

(d) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(e) A probationary teacher must complete at least 120 days of teaching service each year
during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is absent
from school do not count as days of teaching service under this paragraph.

new text begin (f) Notwithstanding any law to the contrary, a teacher who has taught for three
consecutive years in another state must serve a one-year probationary period in a Minnesota
school district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for collective bargaining agreements
effective July 1, 2021, and thereafter.
new text end

Sec. 40.

Minnesota Statutes 2020, section 122A.40, subdivision 8, is amended to read:

Subd. 8.

Development, evaluation, and peer coaching for continuing contract
teachers.

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop a
teacher evaluation and peer review process for probationary and continuing contract teachers
through joint agreement. If a school board and the exclusive representative of the teachers
do not agree to an annual teacher evaluation and peer review process, then the school board
and the exclusive representative of the teachers must implement the state teacher evaluation
plan under paragraph (c). The process must include having trained observers serve as peer
coaches or having teachers participate in professional learning communities, consistent with
paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching practices,
improve student learning and success, and provide all enrolled students in a district or school
with improved and equitable access to more effective and diverse teachers, the annual
evaluation process for teachers:

(1) must, for probationary teachers, provide for all evaluations required under subdivision
5;

(2) must establish a three-year professional review cycle for each teacher that includes
an individual growth and development plan, a peer review process, and at least one
summative evaluation performed by a qualified and trained evaluator such as a school
administrator. For the years when a tenured teacher is not evaluated by a qualified and
trained evaluator, the teacher must be evaluated by a peer review;

(3) must deleted text begin be based on professional teaching standards established in rule deleted text end new text begin create, adopt,
or revise a rubric of performance standards for teacher practice that (i) is based on
professional teaching standards established in rule, (ii) includes culturally responsive
methodologies, and (iii) provides common descriptions of effectiveness using at least three
levels of performance new text end ;

(4) must coordinate staff development activities under sections 122A.60 and 122A.61
with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and teacher
collaboration;

(6) may include job-embedded learning opportunities such as professional learning
communities;

(7) may include mentoring and induction programs for teachers, including teachers who
are members of populations underrepresented among the licensed teachers in the district or
school and who reflect the diversity of students under section 120B.35, subdivision 3,
paragraph (b), clause (2), who are enrolled in the district or school;

(8) must include an option for teachers to develop and present a portfolio demonstrating
evidence of reflection and professional growth, consistent with section 122A.187, subdivision
3, and include teachers' own performance assessment based on student work samples and
examples of teachers' work, which may include video among other activities for the
summative evaluation;

(9) must use data from valid and reliable assessments aligned to state and local academic
standards and must use state and local measures of student growth and literacy that may
include value-added models or student learning goals to determine 35 percent of teacher
evaluation results;

(10) must use longitudinal data on student engagement and connection, and other student
outcome measures explicitly aligned with the elements of curriculum for which teachers
are responsible, including academic literacy, oral academic language, and achievement of
content areas of English learners;

(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;

(12) must give teachers not meeting professional teaching standards under clauses (3)
through (11) support to improve through a teacher improvement process that includes
established goals and timelines; and

(13) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (12) that may include a last chance warning, termination,
discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline
a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data under
section 13.43. The observation and interview notes of peer coaches may only be disclosed
to other school officials with the consent of the teacher being coached.

(c) The department, in consultation with parents who may represent parent organizations
and teacher and administrator representatives appointed by their respective organizations,
representing the Professional Educator Licensing and Standards Board, the Minnesota
Association of School Administrators, the Minnesota School Boards Association, the
Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and
representatives of the Minnesota Assessment Group, the Minnesota Business Partnership,
the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with
research expertise in teacher evaluation, must create and publish a teacher evaluation process
that complies with the requirements in paragraph (b) and applies to all teachers under this
section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual
teacher evaluation and peer review process. The teacher evaluation process created under
this subdivision does not create additional due process rights for probationary teachers under
subdivision 5.

(d) Consistent with the measures of teacher effectiveness under this subdivision:

(1) for students in kindergarten through grade 4, a school administrator must not place
or approve the placement of a student in the classroom of a teacher who is in the improvement
process referenced in paragraph (b), clause (12), or has not had a summative evaluation if,
in the prior year, that student was in the classroom of a teacher who received discipline
pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that
grade; and

(2) for students in grades 5 through 12, a school administrator must not place or approve
the placement of a student in the classroom of a teacher who is in the improvement process
referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the
prior year, that student was in the classroom of a teacher who received discipline pursuant
to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area
and grade.

All data created and used under this paragraph retains its classification under chapter 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 41.

Minnesota Statutes 2020, section 122A.41, subdivision 2, is amended to read:

Subd. 2.

Probationary period; discharge or demotion.

(a) All teachers in the public
schools in cities of the first class during the first three years of consecutive employment
shall be deemed to be in a probationary period of employment during which period any
annual contract with any teacher may, or may not, be renewed as the school board, after
consulting with the peer review committee charged with evaluating the probationary teachers
under subdivision 3, shall see fit. The school site management team or the school board if
there is no school site management team, shall adopt a plan for a written evaluation of
teachers during the probationary period according to subdivisions 3 and 5. Evaluation by
the peer review committee charged with evaluating probationary teachers under subdivision
3 shall occur at least three times periodically throughout each school year for a teacher
performing services during that school year; the first evaluation must occur within the first
90 days of teaching service. Days devoted to parent-teacher conferences, teachers' workshops,
and other staff development opportunities and days on which a teacher is absent from school
shall not be included in determining the number of school days on which a teacher performs
services. The school board may, during such probationary period, discharge or demote a
teacher for any of the causes as specified in this code. A written statement of the cause of
such discharge or demotion shall be given to the teacher by the school board at least 30
days before such removal or demotion shall become effective, and the teacher so notified
shall have no right of appeal therefrom.

(b) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code,
title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
of paragraph (a).

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(d) A probationary teacher must complete at least 120 days of teaching service each year
during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is absent
from school do not count as days of teaching service under this paragraph.

new text begin (e) Notwithstanding any law to the contrary, a school district may negotiate a contract
with a one-year probationary period with a teacher who has obtained tenure, has continuing
contract status, or has completed three consecutive years of employment for at least 120
days per year with a single employer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for collective bargaining agreements
effective July 1, 2021, and thereafter.
new text end

Sec. 42.

Minnesota Statutes 2020, section 122A.41, subdivision 5, is amended to read:

Subd. 5.

Development, evaluation, and peer coaching for continuing contract
teachers.

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop an
annual teacher evaluation and peer review process for probationary and nonprobationary
teachers through joint agreement. If a school board and the exclusive representative of the
teachers in the district do not agree to an annual teacher evaluation and peer review process,
then the school board and the exclusive representative of the teachers must implement the
state teacher evaluation plan developed under paragraph (c). The process must include
having trained observers serve as peer coaches or having teachers participate in professional
learning communities, consistent with paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching practices
and improve student learning and success, and provide all enrolled students in a district or
school with improved and equitable access to more effective and diverse teachers, the annual
evaluation process for teachers:

(1) must, for probationary teachers, provide for all evaluations required under subdivision
2;

(2) must establish a three-year professional review cycle for each teacher that includes
an individual growth and development plan, a peer review process, and at least one
summative evaluation performed by a qualified and trained evaluator such as a school
administrator;

(3) must deleted text begin be based on professional teaching standards established in rule deleted text end new text begin create, adopt,
or revise a rubric of performance standards for teacher practice that (i) is based on
professional teaching standards established in rule, (ii) includes culturally responsive
methodologies, and (iii) provides common descriptions of effectiveness using at least three
levels of performance new text end ;

(4) must coordinate staff development activities under sections 122A.60 and 122A.61
with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and teacher
collaboration;

(6) may include job-embedded learning opportunities such as professional learning
communities;

(7) may include mentoring and induction programs for teachers, including teachers who
are members of populations underrepresented among the licensed teachers in the district or
school and who reflect the diversity of students under section 120B.35, subdivision 3,
paragraph (b), clause (2), who are enrolled in the district or school;

(8) must include an option for teachers to develop and present a portfolio demonstrating
evidence of reflection and professional growth, consistent with section 122A.187, subdivision
3, and include teachers' own performance assessment based on student work samples and
examples of teachers' work, which may include video among other activities for the
summative evaluation;

(9) must use data from valid and reliable assessments aligned to state and local academic
standards and must use state and local measures of student growth and literacy that may
include value-added models or student learning goals to determine 35 percent of teacher
evaluation results;

(10) must use longitudinal data on student engagement and connection and other student
outcome measures explicitly aligned with the elements of curriculum for which teachers
are responsible, including academic literacy, oral academic language, and achievement of
English learners;

(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;

(12) must give teachers not meeting professional teaching standards under clauses (3)
through (11) support to improve through a teacher improvement process that includes
established goals and timelines; and

(13) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (12) that may include a last chance warning, termination,
discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline
a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data under
section 13.43. The observation and interview notes of peer coaches may only be disclosed
to other school officials with the consent of the teacher being coached.

(c) The department, in consultation with parents who may represent parent organizations
and teacher and administrator representatives appointed by their respective organizations,
representing the Professional Educator Licensing and Standards Board, the Minnesota
Association of School Administrators, the Minnesota School Boards Association, the
Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and
representatives of the Minnesota Assessment Group, the Minnesota Business Partnership,
the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with
research expertise in teacher evaluation, must create and publish a teacher evaluation process
that complies with the requirements in paragraph (b) and applies to all teachers under this
section and section 122A.40 for whom no agreement exists under paragraph (a) for an annual
teacher evaluation and peer review process. The teacher evaluation process created under
this subdivision does not create additional due process rights for probationary teachers under
subdivision 2.

(d) Consistent with the measures of teacher effectiveness under this subdivision:

(1) for students in kindergarten through grade 4, a school administrator must not place
or approve the placement of a student in the classroom of a teacher who is in the improvement
process referenced in paragraph (b), clause (12), or has not had a summative evaluation if,
in the prior year, that student was in the classroom of a teacher who received discipline
pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that
grade; and

(2) for students in grades 5 through 12, a school administrator must not place or approve
the placement of a student in the classroom of a teacher who is in the improvement process
referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the
prior year, that student was in the classroom of a teacher who received discipline pursuant
to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area
and grade.

All data created and used under this paragraph retains its classification under chapter 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 43.

new text begin [122A.411] UNREQUESTED LEAVE OF ABSENCE PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Exemption. new text end

new text begin Notwithstanding any law to the contrary, a school district
and the exclusive representative for teachers may agree to a process for exempting up to
five percent of its employees from unrequested leaves of absence and nonrenewal regardless
of probationary status or position on a seniority list, provided the teachers meet the
requirements of this section and the exclusive representative for licensed educators provides
written approval of the process no later than October 1 of each school year. The process
must satisfy the requirements of subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Process requirements. new text end

new text begin (a) The school district and exclusive representative
must establish a committee to select educators to receive the exemption. The committee
must have at least three district representatives, selected by the superintendent or the
superintendent's designee, and at least three licensed educators selected by the exclusive
representative, provided that the committee has an equal number of representatives selected
by the superintendent and exclusive representative. School districts and exclusive
representatives are strongly encouraged to include members of underrepresented communities
as their committee representatives. Before the selection committee begins work, all members
must jointly complete comprehensive anti-racism training by a training provider approved
by the Professional Educator Licensing and Standards Board.
new text end

new text begin (b) The committee may select up to five percent of the district's total licensed staff for
an exemption as long as the educator has a cultural background that is underrepresented
among licensed staff within the school building or district in comparison to the student
population. "Cultural background" as used in this section includes race, ethnicity, disability
status, and any other group that is underrepresented on staff and has experienced systemic
barriers in education or employment opportunities. Selections must be made on the basis
of an educator's teaching or professional performance as determined by colleagues, mentors,
and administrators.
new text end

new text begin (c) If the committee cannot achieve consensus regarding its selections, the committee
must vote on candidates for the exemption, with the top vote-receiving candidates receiving
the exemption if the number of selected staff exceeds five percent of the district's staff or
a percentage agreed upon by the majority vote of the selection committee.
new text end

new text begin (d) The committee must finalize decisions and notify affected staff no later than February
1 of each school year. The exemption is only valid for the school year in which the exemption
is granted unless renewed by the committee in a subsequent year. The committee may, in
its discretion, grant an educator a two-year exemption from nonrenewal based on a majority
vote of committee members.
new text end

new text begin Subd. 3. new text end

new text begin Process options. new text end

new text begin Additional clarifications or variations on this procedure,
including specific tiers of licenses eligible for the exemption, may be negotiated between
the exclusive representative and the district. The percentage of staff eligible for an exemption
from nonrenewal or unrequested leave of absence may be decided annually by the committee
by majority vote but must not exceed five percent of the district's licensed educators.
new text end

new text begin Subd. 4. new text end

new text begin Data. new text end

new text begin All data from committee deliberations is private personnel data pursuant
to section 13.43.
new text end

new text begin Subd. 5. new text end

new text begin Disputes. new text end

new text begin A dispute over violations of procedures under this section are subject
to the grievance procedure in the applicable collective bargaining agreement.
new text end

Sec. 44.

new text begin [122A.59] COME TEACH IN MINNESOTA HIRING BONUSES.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin This section establishes a program to support districts and
schools recruiting and offering hiring bonuses for licensed teachers who are American
Indian or a person of color from another state or country in order to meet staffing needs in
shortage areas in economic development regions in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin A district or school must verify that the hiring bonus is given to
teachers licensed in another state who:
new text end

new text begin (1) qualify for a Tier 3 or Tier 4 Minnesota license;
new text end

new text begin (2) have moved to the economic development region in Minnesota where they were
hired; and
new text end

new text begin (3) belong to a racial or ethnic group that is underrepresented among teachers compared
to students in the district or school under section 120B.35, subdivision 3, paragraph (b),
clause (2).
new text end

new text begin Subd. 3. new text end

new text begin Bonus amount. new text end

new text begin A district or school may offer a signing and retention bonus
of a minimum of $2,500 and a maximum of $5,000 to a teacher who meets the eligibility
requirements. A teacher who meets the eligibility requirements and meets a licensure shortage
area in the economic development region of the state where the school is located may be
offered a signing bonus of a minimum of $4,000 and a maximum of $8,000. A teacher must
be paid half of the bonus when starting employment and half after completing four years
of service in the hiring district or school if the teacher has demonstrated teaching effectiveness
and is not on a professional improvement plan under section 122A.40, subdivision 8,
paragraph (b), clause (12) or (13), or is not being considered for termination under section
122A.40, subdivision 9. A teacher who does not complete their first school year upon
receiving a hiring bonus must repay the hiring bonus.
new text end

new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin The commissioner must establish a process for districts or
schools to seek reimbursement for hiring bonuses given to teachers in shortage areas moving
to and working in Minnesota schools experiencing specific shortages. The commissioner
must provide guidance for districts to seek repayment of a hiring bonus from a teacher who
does not complete the first year of employment. The department may conduct a pilot program
with a small number of teachers during the 2022-2023 biennium to establish feasibility.
The department must submit a report by December 1, 2022, to the chairs and ranking minority
members of the legislative committees having jurisdiction over kindergarten through grade
12 education detailing the effectiveness of the program and recommendations for
improvement in future years.
new text end

new text begin Subd. 5. new text end

new text begin Account established. new text end

new text begin A Come Teach in Minnesota Hiring Bonus program
account is created in the special revenue fund for depositing money appropriated to or
received by the department for this program. Money deposited in the account is appropriated
to the commissioner, does not cancel, and is continuously available for reimbursements to
districts under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to teacher contracts entered into on or after
July 1, 2021.
new text end

Sec. 45.

Minnesota Statutes 2020, section 122A.635, subdivision 3, is amended to read:

Subd. 3.

Grant program administration.

The Professional Educator Licensing and
Standards Board may enter into an interagency agreement with the Office of Higher
Education. The agreement may include a transfer of funds to the Office of Higher Education
to help establish and administer the competitive grant process. The board must award grants
to institutions located in various economic development regions throughout the state, but
must not predetermine the number of institutions to be awarded grants under this section
or set a limit for the amount that any one institution may receive as part of the competitive
grant application process. All grants must be awarded by August 15 of the fiscal year in
which the grants are to be used deleted text begin except that, for initial competitive grants awarded for fiscal
year 2020, grants must be awarded by September 15 deleted text end . new text begin Grants awarded after fiscal year 2021
must be awarded for a two-year grant period. new text end An institution that receives a grant under this
section may use the grant funds over a two- to four-year period to support teacher candidates.

Sec. 46.

Minnesota Statutes 2020, section 122A.635, subdivision 4, is amended to read:

Subd. 4.

Report.

(a) By deleted text begin January 15 deleted text end new text begin June 30 new text end of each year, an institution awarded a grant
under this section must prepare for the legislature and the board a detailed report regarding
the expenditure of grant funds, including the amounts used to recruit, retain, and induct
teacher candidates of color or who are American Indian. The report must include the total
number of teacher candidates of color, disaggregated by race or ethnic group, who are
recruited to the institution, are newly admitted to the licensure program, are enrolled in the
licensure program, have completed student teaching, have graduated, are licensed, and are
newly employed as Minnesota teachers in their licensure field. A grant recipient must report
the total number of teacher candidates of color or who are American Indian at each stage
from recruitment to licensed teaching as a percentage of total candidates seeking the same
licensure at the institution.

(b) new text begin By September 1 of each year, new text end the board must post a report on its website summarizing
the activities and outcomes of grant recipients and results that promote sharing of effective
practices among grant recipients.

Sec. 47.

new text begin [122A.685] GRANTS FOR GROW YOUR OWN PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of education must award grants for
the three types of Grow Your Own programs established under this section in order to
develop a teaching workforce that more closely reflects the state's increasingly diverse
student population and ensure all students have equitable access to effective and diverse
teachers.
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 following terms have the
meanings given.
new text end

new text begin (b) "Eligible district" means a school district, charter school, or cooperative unit under
section 123A.24, subdivision 2.
new text end

new text begin (c) "Grow Your Own program" means a program established by an eligible district in
partnership with a Professional Educator Licensing and Standards Board-approved teacher
preparation program provider or by a Head Start program under section 119A.50 to provide
a pathway for candidates to enter the teaching profession and teach at any level from early
childhood to secondary school.
new text end

new text begin (d) "Residency program" means a Professional Educator Licensing and Standards
Board-approved teacher preparation program established by an eligible district and a
board-approved teacher preparation program provider that uses a cohort-based model and
includes a yearlong clinical experience integrating coursework and student teaching.
new text end

new text begin (e) "Resident" means a teacher candidate participating in a residency program.
new text end

new text begin Subd. 3. new text end

new text begin Grants for residency programs. new text end

new text begin (a) An eligible district may apply for grants
to develop, maintain, or expand effective residency programs. A residency program must
pair a resident with a teacher of record who must hold a Tier 3 or Tier 4 license. The
residency program must provide the teacher of record with ongoing professional development
in co-teaching, mentoring, and coaching skills and must ensure that the resident and teacher
of record co-teach and participate in required teacher professional development activities
for at least 80 percent of the contracted week for a full academic year.
new text end

new text begin (b) A grant recipient must use at least 80 percent of grant funds to provide tuition
scholarships or stipends to enable employees or community members seeking a teaching
license, who are of color or American Indian, to participate in a residency program. A grant
recipient may request permission from the commissioner to use the remaining grant funds
to provide tuition scholarships to employees who are not persons of color or American
Indian and who seek to teach in a licensure area in which the eligible district has a shortage
of Tier 3 or Tier 4 licensed teachers.
new text end

new text begin (c) An eligible district using grant funds under this subdivision to provide financial
support to teacher candidates may require a commitment from a candidate to teach in the
eligible district for a reasonable amount of time not to exceed five years.
new text end

new text begin Subd. 4. new text end

new text begin Grants for programs serving adults. new text end

new text begin (a) An eligible district or Head Start
program under section 119A.50 may apply for grants to provide financial assistance,
mentoring, and other experiences to support persons of color or American Indian persons
to become licensed teachers or preschool teachers.
new text end

new text begin (b) An eligible district or Head Start program must use grant funds awarded under this
subdivision for:
new text end

new text begin (1) tuition scholarships or stipends to eligible Tier 2 licensed teachers, education
assistants, cultural liaisons, or other nonlicensed employees who are of color or American
Indian and are enrolled in undergraduate or graduate-level coursework that is part of a
board-approved teacher preparation program leading to a Tier 3 teacher license;
new text end

new text begin (2) developing and implementing pathway programs with local community-based
organizations led by and for communities of color or American Indian communities that
provide stipends or tuition scholarships to parents and community members who are of
color or American Indian to change careers and obtain a Tier 3 license or other credential
needed to teach in a Head Start program; or
new text end

new text begin (3) collaborating with a board-approved teacher preparation program provided by a
postsecondary institution to develop and implement innovative teacher preparation programs
that lead to Tier 2 or Tier 3 licensure, involve more intensive and extensive clinical
experiences with more professional coaching or mentorship than are typically required in
traditional college or university campus-based teacher preparation programs, provide
candidates with support that is responsive to the unique needs of candidates who are of
color or American Indian, and have more than half of their candidates identify as persons
of color or American Indian.
new text end

new text begin (c) An eligible district or Head Start program providing financial assistance to individuals
under this subdivision may require a commitment from candidates to teach in the eligible
school or Head Start program for a reasonable amount of time not to exceed five years.
new text end

new text begin Subd. 5. new text end

new text begin Grants for programs serving secondary school students. new text end

new text begin (a) In addition to
grants for developing and offering dual-credit postsecondary course options in schools for
"Introduction to Teaching" or "Introduction to Education" courses under section 124D.09,
subdivision 10, a school district or charter school may apply for grants under this section
to offer other innovative programs that encourage secondary school students, especially
students of color and American Indian students, to pursue teaching. To be eligible for a
grant under this subdivision, a school district or charter school must ensure that the aggregate
percentage of secondary school students of color and American Indian students participating
in the program is equal to or greater than the aggregate percentage of students of color and
American Indian students in the school district or charter school.
new text end

new text begin (b) A grant recipient must use grant funds awarded under this subdivision for:
new text end

new text begin (1) supporting future teacher clubs or service-learning opportunities that provide middle
and high school students who are of color or American Indian with experiential learning
that supports the success of younger students or peers and increases students' interest in
pursuing a teaching career;
new text end

new text begin (2) providing direct support, including wrap-around services, for students who are of
color or American Indian to enroll and be successful in postsecondary enrollment options
courses under section 124D.09 that would meet degree requirements for teacher licensure;
or
new text end

new text begin (3) offering scholarships to graduating high school students who are of color or American
Indian to enroll in board-approved undergraduate teacher preparation programs at a college
or university in Minnesota.
new text end

new text begin Subd. 6. new text end

new text begin Grant procedure. new text end

new text begin (a) An eligible district or Head Start program must apply
for a grant under this section in the form and manner specified by the commissioner. The
commissioner must give priority to eligible districts or Head Start programs with the highest
total number or percentage of students who are of color or American Indian.
new text end

new text begin (b) For the 2021-2022 school year and later, grant applications for new and existing
programs must be received by the commissioner no later than January 15 of the year prior
to the school year in which the grant will be used. The commissioner must review all
applications and notify grant recipients by March 15 or as soon as practicable of the
anticipated amount awarded. If the commissioner determines that sufficient funding is
unavailable for the grants, the commissioner must notify grant applicants by June 30 or as
soon as practicable that there are insufficient funds.
new text end

new text begin Subd. 7. new text end

new text begin Account established. new text end

new text begin A Grow Your Own program account is created in the
special revenue fund for depositing money appropriated to or received by the department
for Grow Your Own programs. Money deposited in the account is appropriated to the
commissioner, does not cancel, and is continuously available for grants under this section.
Grant recipients may apply to use grant money over a period of up to 24 months.
new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin Grant recipients must annually report to the commissioner in the form
and manner determined by the commissioner on their activities under this section, including
the number of participants, the percentage of participants who are of color or American
Indian, and an assessment of program effectiveness, including participant feedback, areas
for improvement, the percentage of participants continuing to pursue teacher licensure, and
where applicable, the number of participants hired in the school or district as teachers after
completing preparation programs. The commissioner must publish a report for the public
that summarizes the activities and outcomes of grant recipients and what was done to promote
sharing of effective practices among grant recipients and potential grant applicants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 48.

Minnesota Statutes 2020, section 122A.70, is amended to read:

122A.70 TEACHER MENTORSHIP AND RETENTION OF EFFECTIVE
TEACHERS.

Subdivision 1.

Teacher mentoring, induction, and retention programs.

(a) School
districts are encouraged to develop teacher mentoring programs for teachers new to the
profession or district, including teaching residents, teachers of color, teachers who are
American Indian, teachers in license shortage areas, teachers with special needs, or
experienced teachers in need of peer coaching.

(b) Teacher mentoring programs must be included in or aligned with districts' teacher
evaluation and peer review processes under sections 122A.40, subdivision 8, and 122A.41,
subdivision 5. A district may use staff development revenue under section 122A.61, special
grant programs established by the legislature, or another funding source to pay a stipend to
a mentor who may be a current or former teacher who has taught at least three years and is
not on an improvement plan. Other initiatives using such funds or funds available under
sections 124D.861 and 124D.862 may include:

(1) additional stipends as incentives to mentors of color or who are American Indian;

(2) financial supports for professional learning community affinity groups across schools
within and between districts for teachers from underrepresented racial and ethnic groups to
come together throughout the school year. For purposes of this section, "affinity groups"
are groups of educators who share a common racial or ethnic identity in society as persons
of color or who are American Indian;

(3) programs for induction aligned with the district or school mentorship program during
the first three years of teaching, especially for teachers from underrepresented racial and
ethnic groups; or

(4) grants supporting licensed and nonlicensed educator participation in professional
development, such as workshops and graduate courses, related to increasing student
achievement for students of color and American Indian students in order to close opportunity
and achievement gaps.

(c) A school or district that receives a grant must negotiate additional retention strategies
or protection from unrequested leave of absences in the beginning years of employment for
teachers of color and teachers who are American Indian. Retention strategies may include
providing financial incentives for teachers of color and teachers who are American Indian
to work in the school or district for at least five years and placing American Indian educators
at sites with other American Indian educators and educators of color at sites with other
educators of color to reduce isolation and increase opportunity for collegial support.

Subd. 2.

Applications.

The Professional Educator Licensing and Standards Board must
make application forms available to sites interested in developing or expanding a mentorship
program. A school district deleted text begin ; a deleted text end new text begin or new text end group of school districts deleted text begin ; a coalition of districts, teachers,
and teacher education institutions; or deleted text end new text begin , new text end a new text begin school or new text end coalition of schools, new text begin or a coalition of
new text end teachers deleted text begin , or nonlicensed educators deleted text end may apply for a program grant. new text begin A higher education
institution or nonprofit organization may partner with a grant applicant but is not eligible
as a sole applicant for grant funds. new text end The Professional Educator Licensing and Standards
Board, in consultation with the teacher mentoring task force, must approve or disapprove
the applications. To the extent possible, the approved applications must reflect effective
mentoring, professional development, and retention components, and be geographically
distributed throughout the state. The Professional Educator Licensing and Standards Board
must encourage the selected sites to consider the use of its assessment procedures.

Subd. 3.

Criteria for selection.

new text begin (a) new text end At a minimum, applicants must express commitment
to:

(1) allow staff participation;

(2) assess skills of both beginning and mentor teachers;

(3) provide appropriate in-service to needs identified in the assessment;

(4) provide leadership to the effort;

(5) cooperate with higher education institutions new text begin or teacher educators new text end ;

(6) provide facilities and other resources;

(7) share findings, materials, and techniques with other school districts; and

(8) retain teachers of color and teachers who are American Indian.

new text begin (b) Priority for awarding grants must be for efforts to induct, mentor, and retain Tier 2
or Tier 3 teachers who are of color or American Indian and Tier 2 or Tier 3 teachers in
licensure shortage areas.
new text end

Subd. 4.

Additional funding.

Applicants are required to seek additional funding and
assistance from sources such as school districts, postsecondary institutions, foundations,
and the private sector.

Subd. 5.

Program implementation.

new text begin Grants may be awarded for implementing activities
over a period of time up to 24 months. new text end New and expanding mentorship sites that are funded
to design, develop, implement, and evaluate their program must participate in activities that
support program development and implementation. The Professional Educator Licensing
and Standards Board must provide resources and assistance to support new sites in their
program efforts. These activities and services may include, but are not limited to: planning,
planning guides, media, training, conferences, institutes, and regional and statewide
networking meetings. Nonfunded schools or districts interested in getting started may
participate. Fees may be charged for meals, materials, and the like.

new text begin Subd. 5a. new text end

new text begin Grant program administration. new text end

new text begin The Professional Educator Licensing and
Standards Board may enter into an interagency agreement with the Office of Higher
Education or the Department of Education. The agreement may include a transfer of funds
to the Office of Higher Education or the Department of Education to help administer the
competitive grant process.
new text end

Subd. 6.

Report.

By deleted text begin June deleted text end new text begin September new text end 30 of each year after receiving a grant, recipients
must submit a report to the Professional Educator Licensing and Standards Board on program
efforts that describes mentoring and induction activities and assesses the impact of these
programs on teacher effectiveness and retention.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 49.

Minnesota Statutes 2020, section 123B.147, subdivision 3, is amended to read:

Subd. 3.

Duties; evaluation.

(a) The principal shall provide administrative, supervisory,
and instructional leadership services, under the supervision of the superintendent of schools
of the district and according to the policies, rules, and regulations of the school board, for
the planning, management, operation, and evaluation of the education program of the building
or buildings to which the principal is assigned.

(b) To enhance a principal's new text begin culturally responsive new text end leadership skills and support and
improve teaching practices, school performance, and student achievement for diverse student
populations, including at-risk students, children with disabilities, English learners, and gifted
students, among others, a district must develop and implement a performance-based system
for annually evaluating school principals assigned to supervise a school building within the
district. The evaluation must be designed to improve teaching and learning by supporting
the principal in shaping the school's professional environment and developing teacher
quality, performance, and effectiveness. The annual evaluation must:

(1) support and improve a principal's instructional leadership, organizational management,
and professional development, and strengthen the principal's capacity in the areas of
instruction, supervision, evaluation, and teacher development;

new text begin (2) support and improve a principal's culturally responsive leadership practices that
create inclusive and respectful teaching and learning environments for all students, families,
and employees;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end include formative and summative evaluations based on multiple measures of
student progress toward career and college readiness;

deleted text begin (3) deleted text end new text begin (4) new text end be consistent with a principal's job description, a district's long-term plans and
goals, and the principal's own professional multiyear growth plans and goals, all of which
must support the principal's leadership behaviors and practices, rigorous curriculum, school
performance, and high-quality instruction;

deleted text begin (4) deleted text end new text begin (5) new text end include on-the-job observations and previous evaluations;

deleted text begin (5) deleted text end new text begin (6) new text end allow surveys to help identify a principal's effectiveness, leadership skills and
processes, and strengths and weaknesses in exercising leadership in pursuit of school success;

deleted text begin (6) deleted text end new text begin (7) new text end use longitudinal data on student academic growth as 35 percent of the evaluation
and incorporate district achievement goals and targets;

deleted text begin (7) deleted text end new text begin (8) new text end be linked to professional development that emphasizes improved teaching and
learning, curriculum and instruction, student learning, new text begin culturally responsive leadership
practices, new text end and a collaborative professional culture; and

deleted text begin (8) deleted text end new text begin (9) new text end for principals not meeting standards of professional practice or other criteria
under this subdivision, implement a plan to improve the principal's performance and specify
the procedure and consequence if the principal's performance is not improved.

The provisions of this paragraph are intended to provide districts with sufficient flexibility
to accommodate district needs and goals related to developing, supporting, and evaluating
principals.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 50.

Minnesota Statutes 2020, 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;

new text begin (2) before beginning work alone with an individual student with a disability, the assigned
paraprofessional must be either given paid time, or time during the school day, to review a
student's individualized education program or be briefed on the student's specific needs by
appropriate staff;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end 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; deleted text begin and
deleted text end

new text begin (4) a minimum of 16 hours of paid orientation or professional development must be
provided annually to all paraprofessionals, Title I aides, and other instructional support
staff. Eight of the 16 hours must be completed before the first instructional day of the school
year or within 30 days of hire. The orientation or professional development must be relevant
to the employee's occupation and may include collaboration time with classroom teachers
and planning for the school year. For paraprofessionals who provide direct support to
students, at least 50 percent of the professional development or orientation must be dedicated
to meeting the requirements of this section. Professional development for paraprofessionals
may also address the requirements of section 120B.363, subdivision 3. A school administrator
must provide an annual certification of compliance with this requirement to the commissioner;
and
new text end

deleted text begin (3) deleted text end new text begin (5) new text end 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.

(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.

Sec. 51.

Minnesota Statutes 2020, section 179A.03, subdivision 19, is amended to read:

Subd. 19.

Terms and conditions of employment.

"Terms and conditions of employment"
means the hours of employment, the compensation therefor including fringe benefits except
retirement contributions or benefits other than employer payment of, or contributions to,
premiums for group insurance coverage of retired employees or severance pay, new text begin class sizes
in Minnesota school districts and charter schools, student testing, student to personnel ratios
in Minnesota school districts, new text end and the employer's personnel policies affecting the working
conditions of the employees. In the case of professional employees the term does not mean
educational policies of a school district. "Terms and conditions of employment" is subject
to section 179A.07.

Sec. 52. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 122A.091, subdivisions 3 and 6; 122A.092; 122A.18,
subdivision 7c; 122A.184, subdivision 3; 122A.23, subdivision 3; and 122A.2451, new text end new text begin are
repealed.
new text end

ARTICLE 4

CHARTER SCHOOLS

Section 1.

Minnesota Statutes 2020, section 124E.02, is amended to read:

124E.02 DEFINITIONS.

(a) For purposes of this chapter, the terms defined in this section have the meanings
given them.

(b) "Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under section 124E.06, subdivision 4, attesting to
its review and approval process before chartering a school.

(c) "Affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person.

new text begin (d) "Charter management organization" means any nonprofit entity that contracts with
a charter school board of directors to provide, manage, or oversee all or substantially all of
a charter school's educational design or implementation or a charter school's administrative,
financial, business, or operational functions.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end "Control" means the ability to affect the management, operations, or policy actions
or decisions of a person, whether by owning voting securities, by contract, or otherwise.

new text begin (f) "Education management organization" means any for-profit entity that provides,
manages, or oversees all or substantially all of the educational design or implementation
for a charter school or a charter school's administrative, financial, business, or operational
functions.
new text end

deleted text begin (e) deleted text end new text begin (g) new text end "Immediate family" means an individual whose relationship by blood, marriage,
adoption, or partnership is no more remote than first cousin.

new text begin (h) "Online education service provider" means an organization that provides an online
learning management system, virtual learning environment, or online student management
system for a charter school and services for the implementation and operation of an online
education program for the charter school.
new text end

deleted text begin (f) deleted text end new text begin (i) new text end "Person" means an individual or entity of any kind.

deleted text begin (g) deleted text end new text begin (j) new text end "Related party" means an affiliate or immediate relative of the other interested
party, an affiliate of an immediate relative who is the other interested party, or an immediate
relative of an affiliate who is the other interested party.

deleted text begin (h) deleted text end new text begin (k) new text end For purposes of this chapter, the terms defined in section 120A.05 have the same
meanings.

Sec. 2.

Minnesota Statutes 2020, section 124E.03, subdivision 2, is amended to read:

Subd. 2.

Certain federal, state, and local requirements.

(a) A charter school shall
meet all federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing standards
and assessments in chapter 120B.

(c) A charter school must comply with the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(d) A charter school is a district for the purposes of tort liability under chapter 466.

(e) A charter school must comply with the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(f) A charter school and charter school board of directors must comply with chapter 181
governing requirements for employment.

(g) A charter school must comply with continuing truant notification under section
260A.03.

(h) A charter school must develop and implement a teacher evaluation and peer review
process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place
students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d).
The teacher evaluation process in this paragraph does not create any additional employment
rights for teachers.

(i) A charter school must adopt a policy, plan, budget, and process, consistent with
section 120B.11, to review curriculum, instruction, and student achievement and strive for
the world's best workforce.

(j) A charter school is subject to and must comply with new text begin section 121A.575 and new text end the Pupil
Fair Dismissal Act, sections 121A.40 to 121A.56.

new text begin (k) A charter school is subject to and must comply with the uniform municipal contracting
law according to section 471.345 in the same manner as school districts.
new text end

Sec. 3.

Minnesota Statutes 2020, section 124E.03, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin English learners. new text end

new text begin A charter school is subject to and must comply with the
Education for English Learners Act, sections 124D.58 to 124D.64, as though it were a
district.
new text end

Sec. 4.

Minnesota Statutes 2020, section 124E.03, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Corporal punishment. new text end

new text begin A charter school is subject to and must comply with
section 121A.58 as though it were a district.
new text end

Sec. 5.

Minnesota Statutes 2020, section 124E.05, subdivision 4, is amended to read:

Subd. 4.

Application content.

(a) To be approved as an authorizer, an applicant must
include in its application to the commissioner at least the following:

(1) how the organization carries out its mission by chartering schools;

(2) a description of the capacity of the organization to serve as an authorizer, including
the positions allocated to authorizing duties, the qualifications for those positions, the
full-time equivalencies of those positions, and the financial resources available to fund the
positions;

(3) the application and review process the authorizer uses to decide whether to grant
charters;

(4) the type of contract it arranges with the schools it charters to meet the provisions of
section 124E.10;

(5) the process for overseeing the school, consistent with clause (4), to ensure that the
schools chartered comply with applicable law and rules and the contract;

(6) the criteria and process the authorizer uses to approve applications adding grades or
sites under section 124E.06, subdivision 5;

(7) the process for renewing or terminating the school's charter based on evidence
showing the academic, organizational, and financial competency of the school, including
its success in increasing student achievement and meeting the goals of the charter school
agreement; and

(8) an assurance specifying that the organization is committed to serving as an authorizer
deleted text begin for the full five-year term deleted text end new text begin until the commissioner terminates the organization's ability to
authorize charter schools under subdivision 6 or the organization formally withdraws as an
approved authorizer under subdivision 7 new text end .

(b) Notwithstanding paragraph (a), an authorizer that is a school district may satisfy the
requirements of paragraph (a), clauses (1) and (2), and any requirement governing a conflict
of interest between an authorizer and its charter schools or ongoing evaluation or continuing
education of an administrator or other professional support staff by submitting to the
commissioner a written promise to comply with the requirements.

Sec. 6.

Minnesota Statutes 2020, section 124E.05, subdivision 6, is amended to read:

Subd. 6.

Corrective action.

(a) If, consistent with this chapter, the commissioner finds
that an authorizer has not met the requirements of this chapter, the commissioner may subject
the authorizer to new text begin a new text end corrective action new text begin plan new text end , which may deleted text begin include terminating the contract with
the charter school board of directors of a school it chartered. deleted text end new text begin last no longer than 130 business
days. The commissioner may prohibit an authorizer on a corrective plan from accepting a
transfer application from a charter school and an application to establish a charter school.
new text end

new text begin (b) new text end The commissioner must notify the authorizer in writing deleted text begin of deleted text end new text begin that the authorizer has
been placed on a corrective plan. The notice must include new text end any findings that may subject the
authorizer to corrective action new text begin at the conclusion of the corrective plan new text end and the authorizer
then has 15 business days to request an informal hearing before the commissioner takes
corrective action. new text begin The commissioner must hold an informal hearing within 15 business days
of the request. If the issues identified as the basis for the corrective action are not resolved
at the informal hearing, the authorizer must make the requested improvements and notify
the commissioner of the improvements within 45 business days. Within 20 business days,
the commissioner must review the changes and notify the authorizer of any remaining issues
to be resolved. An authorizer must address the remaining issues as directed by the
commissioner within 20 business days. Within 15 business days, the commissioner must
review the changes and notify the authorizer whether all issues in the corrective plan have
been resolved.
new text end

new text begin (c) new text end If the commissioner terminates deleted text begin a contract between an authorizer and a charter school
under this paragraph deleted text end new text begin the authorizer's ability to charter a school new text end , the commissioner deleted text begin may deleted text end new text begin must new text end
assist the new text begin affected new text end charter school in acquiring a new authorizer. new text begin A charter school board of
directors may submit to the commissioner a request to transfer to a new authorizer without
the approval or consent of the current authorizer if that authorizer has been under a corrective
action plan for more than 130 business days.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end The commissioner may at any time take corrective action against an authorizer,
including terminating an authorizer's ability to charter a school new text begin , terminating a contract with
a charter school, and other appropriate sanctions new text end for:

(1) failing to demonstrate the criteria under subdivision 3 under which the commissioner
approved the authorizer;

(2) violating a term of the chartering contract between the authorizer and the charter
school board of directors;

(3) unsatisfactory performance as an approved authorizer; deleted text begin or
deleted text end

(4) any good cause shown that gives the commissioner a legally sufficient reason to take
corrective action against an authorizer deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) failing to meet the terms of a corrective action plan by the specified deadline.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 7.

Minnesota Statutes 2020, section 124E.05, subdivision 7, is amended to read:

Subd. 7.

Withdrawal.

If the governing board of an approved authorizer votes to withdraw
as an approved authorizer for a reason unrelated to any cause under section deleted text begin 124E.10,
subdivision 4 deleted text end new text begin 124E.07, subdivision 6 new text end , the authorizer must notify all its chartered schools
and the commissioner in writing by March 1 of its intent to withdraw as an authorizer on
June 30 in the next calendar year deleted text begin , regardless of when the authorizer's five-year term of
approval ends deleted text end . Upon notification of the schools and commissioner, the authorizer must
provide a letter to the school for distribution to families of students enrolled in the school
that explains the decision to withdraw as an authorizer. The commissioner may approve the
transfer of a charter school to a new authorizer under section 124E.10, subdivision 5.

Sec. 8.

Minnesota Statutes 2020, section 124E.06, subdivision 1, is amended to read:

Subdivision 1.

Individuals eligible to organize.

(a) An authorizer, after receiving an
application from a charter school developer, may charter either a licensed teacher under
section 122A.18, subdivision 1, or a group of individuals that includes one or more licensed
teachers under section 122A.18, subdivision 1, to operate a school subject to the
commissioner's approval of the authorizer's affidavit under subdivision 4.

(b) "Application" under this section means the charter school business plan a charter
school developer submits to an authorizer for approval to establish a charter school. This
application must include:

(1) the school developer's:

(i) mission statement;

(ii) school purposes;

(iii) program design;

(iv) financial plan;

new text begin (v) market need and demand study;
new text end

deleted text begin (v) deleted text end new text begin (vi) new text end governance and management structure; and

deleted text begin (vi) deleted text end new text begin (vii) new text end background and experience;

(2) any other information the authorizer requests; and

(3) a "statement of assurances" of legal compliance prescribed by the commissioner.

new text begin (c) "Market need and demand study" means a study that includes the following for any
proposed location of a new school, grade or site expansion, or preschool program:
new text end

new text begin (1) current and projected demographic information;
new text end

new text begin (2) student enrollment patterns;
new text end

new text begin (3) information on existing schools and types of educational programs currently available;
new text end

new text begin (4) characteristics of proposed students and families;
new text end

new text begin (5) availability of properly zoned and classified facilities; and
new text end

new text begin (6) quantification of existing demand for the new school, grade or site expansion, or
preschool program.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end An authorizer shall not approve an application submitted by a charter school
developer under paragraph (a) if the application does not comply with subdivision 3,
paragraph (e), and section 124E.01, subdivision 1. The commissioner shall not approve an
affidavit submitted by an authorizer under subdivision 4 if the affidavit does not comply
with subdivision 3, paragraph (e), and section 124E.01, subdivision 1.

Sec. 9.

Minnesota Statutes 2020, section 124E.06, subdivision 4, is amended to read:

Subd. 4.

Authorizer's affidavit; approval process.

(a) Before an operator may establish
and operate a school, the authorizer must file an affidavit with the commissioner stating its
intent to charter a school. An authorizer must file a separate affidavit for each school it
intends to charter. An authorizer must file an affidavit at least 14 months before July 1 of
the year the new charter school plans to serve students. The affidavit must state:

(1) the terms and conditions under which the authorizer would charter a school new text begin , including
market research that addresses the need, demand, and potential market for the proposed
charter school in the community where the school intends to locate new text end ; and

(2) how the authorizer intends to oversee:

(i) the fiscal and student performance of the charter school; and

(ii) compliance with the terms of the written contract between the authorizer and the
charter school board of directors under section 124E.10, subdivision 1.

(b) The commissioner must approve or disapprove the authorizer's affidavit within 60
business days of receiving the affidavit. If the commissioner disapproves the affidavit, the
commissioner shall notify the authorizer of the deficiencies in the affidavit and the authorizer
then has 20 business days to address the deficiencies. The commissioner must notify the
authorizer of the commissioner's final approval or final disapproval within 15 business days
after receiving the authorizer's response to the deficiencies in the affidavit. If the authorizer
does not address deficiencies to the commissioner's satisfaction, the commissioner's
disapproval is final. An authorizer who fails to obtain the commissioner's approval is
precluded from chartering the school that is the subject of this affidavit.

Sec. 10.

Minnesota Statutes 2020, section 124E.06, subdivision 5, is amended to read:

Subd. 5.

Adding grades or sites.

(a) A charter school may apply to the authorizer to
amend the school charter to add grades or primary enrollment sites beyond those defined
in the original affidavit approved by the commissioner. After approving the school's
application, the authorizer shall submit a supplemental affidavit in the form and manner
prescribed by the commissioner. The authorizer must file a supplemental affidavit to the
commissioner by October 1 to be eligible to add grades or sites in the next school year. The
supplemental affidavit must document to the authorizer's satisfaction:

(1) the need for the additional grades or sites with supporting long-range enrollment
projections;

(2) a longitudinal record of student academic performance and growth on statewide
assessments under chapter 120B or on other academic assessments that measure longitudinal
student performance and growth approved by the charter school's board of directors and
agreed upon with the authorizer;

(3) a history of sound school finances and a plan to add grades or sites that sustains the
school's finances; deleted text begin and
deleted text end

(4) board capacity to administer and manage the additional grades or sites deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) market need and demand study.
new text end

(b) The commissioner shall have 30 business days to review and comment on the
supplemental affidavit. The commissioner shall notify the authorizer in writing of any
deficiencies in the supplemental affidavit and the authorizer then has 20 business days to
address any deficiencies in the supplemental affidavit to the commissioner's satisfaction.
The commissioner must notify the authorizer of final approval or final disapproval within
15 business days after receiving the authorizer's response to the deficiencies in the affidavit.
The school may not add grades or sites until the commissioner has approved the supplemental
affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.

Sec. 11.

Minnesota Statutes 2020, section 124E.11, is amended to read:

124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.

(a) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), may limit admission to:

(1) pupils within an age group or grade level;

(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or

(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.

(b) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), shall enroll an eligible pupil who
submits a timely application, unless the number of applications exceeds the capacity of a
program, class, grade level, or building. In this case, pupils must be accepted by lot. The
charter school must develop and publish, including on its website, a lottery policy and
process that it must use when accepting pupils by lot.

(c) A charter school shall give enrollment preference to a sibling of an enrolled pupil
and to a foster child of that pupil's parents and may give preference for enrolling children
of the school's staff before accepting other pupils by lot. A charter school that is located in
Duluth township in St. Louis County and admits students in kindergarten through grade 6
must give enrollment preference to students residing within a five-mile radius of the school
and to the siblings of enrolled children. A charter school may give enrollment preference
to children currently enrolled in the school's free preschool or prekindergarten program
under section 124E.06, subdivision 3, paragraph (b), who are eligible to enroll in kindergarten
in the next school year.

(d) new text begin Admission to a charter school must be free to any person who resides within the state
of Minnesota, and Minnesota students have preference over out-of-state residents. new text end A person
shall not be admitted to a charter school (1) as a kindergarten pupil, unless the pupil is at
least five years of age on September 1 of the calendar year in which the school year for
which the pupil seeks admission commences; or (2) as a first grade student, unless the pupil
is at least six years of age on September 1 of the calendar year in which the school year for
which the pupil seeks admission commences or has completed kindergarten; except that a
charter school may establish and publish on its website a policy for admission of selected
pupils at an earlier age, consistent with the enrollment process in paragraphs (b) and (c).

(e) Except as permitted in paragraph (d), a charter school, including its preschool or
prekindergarten program established under section 124E.06, subdivision 3, paragraph (b),
may not limit admission to pupils on the basis of intellectual ability, measures of achievement
or aptitude, or athletic ability and may not establish any criteria or requirements for admission
that are inconsistent with this section.

(f) The charter school shall not distribute any services or goods of value to students,
parents, or guardians as an inducement, term, or condition of enrolling a student in a charter
school.

(g) Once a student is enrolled in the school, the student is considered enrolled in the
school until the student formally withdraws or is expelled under the Pupil Fair Dismissal
Act in sections 121A.40 to 121A.56.

(h) A charter school with at least 90 percent of enrolled students who are eligible for
special education services and have a primary disability of deaf or hard-of-hearing may
enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1,
paragraph (a), and must comply with the federal Individuals with Disabilities Education
Act under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause
(iv).

Sec. 12.

Minnesota Statutes 2020, section 124E.12, subdivision 1, is amended to read:

Subdivision 1.

Teachers.

A charter school must employ new text begin necessary teachers new text end or contract
with new text begin a cooperative formed under chapter 308A to provide new text end necessary teachers, as defined
by section deleted text begin 122A.15, subdivision 1 deleted text end new text begin 122A.06, subdivision 2 new text end , who hold valid licenses to
perform the particular service for which they are employed in the school. The commissioner
may reduce the charter school's state aid under section 127A.43 if the school employs a
teacher who is not appropriately licensed or approved by the Professional Educator Licensing
and Standards Board. The school may employ necessary employees who are not required
to hold teaching licenses to perform duties other than teaching and may contract for other
services. The school may discharge teachers and nonlicensed employees. The charter school
board is subject to section 181.932 governing whistle-blowers. When offering employment
to a prospective employee, a charter school must give that employee a written description
of the terms and conditions of employment and the school's personnel policies.

Sec. 13.

Minnesota Statutes 2020, section 124E.13, subdivision 1, is amended to read:

Subdivision 1.

Leased space.

A charter school may lease space from: an independent
or special school board; other public organization; private, nonprofit, nonsectarian
organization; private property owner; or a sectarian organization new text begin ; and new text end if the leased space is new text begin
owned by the lessor and is new text end constructed as a school facility. The commissioner must review
and approve or disapprove leases in a timely manner to determine eligibility for lease aid
under section 124E.22.

Sec. 14.

Minnesota Statutes 2020, section 124E.16, subdivision 1, is amended to read:

Subdivision 1.

Audit report.

(a) A charter school is subject to the same financial audits,
audit procedures, and audit requirements as a district, except as required under this
subdivision. Audits must be conducted in compliance with generally accepted governmental
auditing standards, the federal Single Audit Act, if applicable, and section 6.65 governing
auditing procedures. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06 governing government property
and financial investments; and sections 471.38; 471.391; 471.392; and 471.425 governing
municipal contracting. The audit must comply with the requirements of sections 123B.75
to 123B.83 governing school district finance, except when the commissioner and authorizer
approve a deviation made necessary because of school program finances. The commissioner,
state auditor, legislative auditor, or authorizer may conduct financial, program, or compliance
audits. A charter school in statutory operating debt under sections 123B.81 to 123B.83 must
submit a plan under section 123B.81, subdivision 4.

(b) The charter school must submit an audit report to the commissioner and its authorizer
annually by December 31. new text begin The charter school's charter management organization or
educational management organization must submit an audit report to the commissioner
annually by December 31.
new text end

(c) The charter school, with the assistance of the auditor conducting the audit, must
include with the report, as supplemental information: (1) a copy of management agreements
with a charter management organization or an educational management organization and
(2) service agreements or contracts over the lesser of $100,000 or ten percent of the school's
most recent annual audited expenditures. The agreements must detail the terms of the
agreement, including the services provided and the annual costs for those services. If the
entity that provides the professional services to the charter school is exempt from taxation
under section 501 of the Internal Revenue Code of 1986, that entity must file with the
commissioner by February 15 a copy of the annual return required under section 6033 of
the Internal Revenue Code of 1986.

(d) A charter school independent audit report shall include audited financial data of an
affiliated building corporation under section 124E.13, subdivision 3, or other component
unit.

(e) If the audit report finds that a material weakness exists in the financial reporting
systems of a charter school, the charter school must submit a written report to the
commissioner explaining how the charter school will resolve that material weakness. An
auditor, as a condition of providing financial services to a charter school, must agree to
make available information about a charter school's financial audit to the commissioner and
authorizer upon request.

Sec. 15.

Minnesota Statutes 2020, section 124E.25, subdivision 1a, is amended to read:

Subd. 1a.

School closures; payments.

(a) Notwithstanding subdivision 1 and section
127A.45, for a charter school ceasing operation on or before June 30, for the payment periods
occurring after the school ceases serving students, the commissioner shall withhold the
estimated state aid owed the school. The charter school board of directors and authorizer
must submit to the commissioner a closure plan under chapter deleted text begin 308A or deleted text end 317A deleted text begin , deleted text end and financial
information about the school's liabilities and assets. After receiving the closure plan, financial
information, an audit of pupil counts, and documented lease expenditures from the charter
school and monitoring special education expenditures, the commissioner may release cash
withheld and may continue regular payments up to the current year payment percentages
if further amounts are owed. If, based on audits and monitoring, the school received state
aid in excess of the amount owed, the commissioner shall retain aid withheld sufficient to
eliminate the aid overpayment.

(b) For a charter school ceasing operations before or at the end of a school year,
notwithstanding section 127A.45, subdivision 3, the commissioner may make preliminary
final payments after the school submits the closure plan, an audit of pupil counts, documented
lease expenditures, and Uniform Financial Accounting and Reporting Standards (UFARS)
financial data and the commissioner monitors special education expenditures for the final
year of operation. The commissioner may make the final payment after receiving audited
financial statements under section 123B.77, subdivision 3.

(c) Notwithstanding sections 317A.701 to 317A.791, after closing a charter school and
satisfying creditors, remaining cash and investment balances shall be returned by the
commissioner to the state general fund.

ARTICLE 5

SPECIAL EDUCATION

Section 1.

Minnesota Statutes 2020, section 122A.31, subdivision 1, is amended to read:

Subdivision 1.

Requirements for American sign language/English interpreters.

(a)
In addition to any other requirements that a school district establishes, any person employed
to provide American sign language/English interpreting or sign transliterating services on
a full-time or part-time basis for a school district after July 1, 2000, must:

(1) hold current interpreter deleted text begin and deleted text end new text begin or new text end transliterator certificates awarded by the Registry of
Interpreters for the Deaf (RID), or the general level interpreter proficiency certificate awarded
by the National Association of the Deaf (NAD), or a comparable state certification from
the commissioner of education deleted text begin ; deleted text end new text begin , new text end and

deleted text begin (2) deleted text end satisfactorily complete an interpreter/transliterator training program affiliated with
an accredited educational institution deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) hold a certified deaf interpreter certification issued by RID.
new text end

(b) New graduates of an interpreter/transliterator program affiliated with an accredited
education institution new text begin or certified deaf interpreters who hold a certification issued by RID new text end
shall be granted a two-year provisional certificate by the commissioner. During the two-year
provisional period, the interpreter/transliterator must develop and implement an education
plan in collaboration with a mentor under paragraph (c).

(c) A mentor of a provisionally certified interpreter/transliterator must be an
interpreter/transliterator who has either NAD level IV or V certification or RID certified
interpreter and certified transliterator certification and have at least three years new text begin of
new text end interpreting/transliterating experience in any educational setting. The mentor, in collaboration
with the provisionally certified interpreter/transliterator, shall develop and implement an
education plan designed to meet the requirements of paragraph (a), clause (1), and include
a weekly on-site mentoring process.

(d) Consistent with the requirements of this paragraph, a person holding a provisional
certificate may apply to the commissioner for one time-limited extension. The commissioner,
in consultation with the Commission of the Deaf, DeafBlind and Hard of Hearing, must
grant the person a time-limited extension of the provisional certificate based on the following
documentation:

(1) letters of support from the person's mentor, a parent of a pupil the person serves, the
special education director of the district in which the person is employed, and a representative
from the regional service center of the deaf and hard-of-hearing;

(2) records of the person's formal education, training, experience, and progress on the
person's education plan; and

(3) an explanation of why the extension is needed.

As a condition of receiving the extension, the person must comply with a plan and the
accompanying time line for meeting the requirements of this subdivision. A committee
composed of the deaf and hard-of-hearing state specialist, a representative of the Minnesota
Association of Deaf Citizens, a representative of the Minnesota Registry of Interpreters deleted text begin of deleted text end new text begin
for new text end the Deaf, and other appropriate deleted text begin persons deleted text end new text begin committee members new text end selected by the commissioner
must develop the plan and time line for the person receiving the extension.

(e) A school district may employ only an interpreter/transliterator who has been certified
under paragraph (a) or (b), or for whom a time-limited extension has been granted under
paragraph (d).

new text begin (f) An interpreter who meets the requirements of paragraph (a) is "essential personnel"
as defined in section 125A.76, subdivision 1.
new text end

Sec. 2. new text begin STUDENTS WITH DISABILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin On-site instruction. new text end

new text begin A school board developing or updating a plan to
provide on-site instruction to students must prioritize on-site instruction for a student whose
individualized education program requires instruction in a federal level three or four setting
or who is not demonstrating progress on an individualized education program while not
receiving on-site instruction and a student with a disability who is also identified as an
English learner in accordance with Minnesota Statutes, section 124D.59.
new text end

new text begin Subd. 2. 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. 3. 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 chapter 260A, to meet families' needs
if a student is struggling with attendance.
new text end

new text begin Subd. 4. 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 a student with a disability and age 18
through 21 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 and
sunsets at the end of the 2021-2022 school year.
new text end

ARTICLE 6

HEALTH AND SAFETY

Section 1.

Minnesota Statutes 2020, section 120B.21, is amended to read:

120B.21 MENTAL HEALTH EDUCATION.

School districts and charter schools deleted text begin are encouraged to deleted text end new text begin must new text end provide mental health
instruction for students in grades 4 through 12 aligned with local health new text begin education new text end standards
and integrated into existing programs, curriculum, or the general school environment
new text begin activities new text end of a district or charter school. The commissioner, in consultation with the
commissioner of human services, commissioner of health, and mental health organizations,
must deleted text begin , by July 1, 2020, and July 1 of each even-numbered year thereafter, deleted text end provide districts
and charter schools with resources gathered by Minnesota mental health advocates, including:

(1) age-appropriate model learning activities for grades 4 through 12 that encompass
the mental health components of the National Health Education Standards and the
benchmarks developed by the department's quality teaching network in health and best
practices in mental health education; and

(2) a directory of resources for planning and implementing age-appropriate mental health
curriculum and instruction in grades 4 through 12 that includes resources on suicide and
self-harm prevention. new text begin A district or charter school providing instruction or presentations on
preventing suicide or self-harm must use either the resources provided by the commissioner
or other evidence-based instruction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2020, section 121A.031, subdivision 5, is amended to read:

Subd. 5.

Safe and supportive schools programming.

(a) Districts and schools deleted text begin are
encouraged to deleted text end new text begin must new text end provide developmentally appropriate programmatic instruction to help
students identify, prevent, and reduce prohibited conduct deleted text begin ; value diversity in school and
society; develop and improve students' knowledge and skills for solving problems, managing
conflict, engaging in civil discourse, and recognizing, responding to, and reporting prohibited
conduct; and make effective prevention and intervention programs available to students.
Upon request, the school safety technical assistance center under section 127A.052 must
assist a district or school in helping students understand social media and cyberbullying.
Districts and schools must establish deleted text end new text begin by establishing new text end strategies for creating a positive school
climate and use evidence-based social-emotional learning to prevent and reduce
discrimination and other improper conduct.

(b) Districts and schools deleted text begin are encouraged to deleted text end new text begin must new text end :

(1) engage all students in creating a safe and supportive school environment;

(2) partner with parents and other community members to develop and implement
prevention and intervention programs;

(3) engage all students and adults in integrating education, intervention, and other
remedial responses into the school environment;

(4) train student bystanders to intervene in and report incidents of prohibited conduct to
the school's primary contact person;

(5) teach students to advocate for themselves and others;

(6) prevent inappropriate referrals to special education of students who may engage in
prohibited conduct; and

(7) foster student collaborations that foster a safe and supportive school climate.

Sec. 3.

Minnesota Statutes 2020, section 121A.031, subdivision 6, is amended to read:

Subd. 6.

State model policy.

(a) The commissioner, in consultation with the
commissioner of human rights, shall develop and maintain a state model policy. A district
or school that does not adopt and implement a local policy under subdivisions 3 to 5 must
implement and may supplement the provisions of the state model policy. The commissioner
must assist districts and schools under this subdivision to implement the state policy. The
state model policy must:

(1) define prohibited conduct, consistent with this section;

(2) apply the prohibited conduct policy components in this section;

(3) for a child with a disability, whenever an evaluation by an individualized education
program team or a section 504 team indicates that the child's disability affects the child's
social skills development or the child is vulnerable to prohibited conduct because of the
child's disability, the child's individualized education program or section 504 plan may
address the skills and proficiencies the child needs to not engage in and respond to such
conduct; and

(4) encourage violence prevention and character development education programs under
section 120B.232, subdivision 1.

(b) The commissioner shall develop and post departmental procedures for:

(1) periodically reviewing district and school programs and policies for compliance with
this section;

(2) investigating, reporting, and responding to noncompliance with this section, which
may include an annual review of plans to improve and provide a safe and supportive school
climate; and

(3) allowing students, parents, and educators to file a complaint about noncompliance
with the commissioner.

(c) The commissioner must post on the department's website information indicating that
when districts and schools allow non-curriculum-related student groups access to school
facilities, the district or school must give all student groups equal access to the school
facilities regardless of the content of the group members' speech.

new text begin (d) The commissioner must develop and maintain resources to assist a district or school
in implementing strategies for creating a positive school climate and use evidence-based
social-emotional learning to prevent and reduce discrimination and other improper conduct.
new text end

new text begin (e) The commissioner must develop and adopt state-level social-emotional learning
standards.
new text end

Sec. 4.

new text begin [121A.20] SCHOOL MENTAL HEALTH SYSTEMS.
new text end

new text begin Mental health is defined as the social, emotional, and behavioral well-being of students.
Comprehensive school mental health systems provide an array of supports and services that
promote positive school climate, social-emotional learning, and mental health and well-being,
while reducing the prevalence and severity of mental illness. School mental health systems
are built on a strong foundation of district and school professionals, including administrators,
educators, and specialized instructional support personnel including school psychologists,
school social workers, school counselors, school nurses, and other school health professionals,
all in strategic partnership with students and families, as well as community health and
mental health partners. School mental health systems also assess and address the social and
environmental factors that impact mental health, including public policies and social norms
that shape mental health outcomes.
new text end

Sec. 5.

new text begin [121A.201] MULTI-TIERED SYSTEM OF SUPPORTS.
new text end

new text begin The Minnesota Multi-Tiered System of Supports is a systemic, continuous improvement
framework for ensuring positive social, emotional, behavioral, developmental, and academic
outcomes for every student. The Multi-Tiered System of Supports provides access to layered
tiers of culturally and linguistically responsive, evidence-based practices. The Multi-Tiered
System of Supports framework relies on the understanding and belief that every student
can learn and thrive, and it engages an anti-racist approach to examining policies and
practices and ensuring equitable distribution of resources and opportunity. This systemic
framework requires:
new text end

new text begin (1) design and delivery of culturally and linguistically responsive, effective,
standards-based core instruction in safe, supportive environments inclusive of every student
as a necessary foundation for tiered supports;
new text end

new text begin (2) layered tiers of culturally and linguistically responsive supplemental and intensive
supports to meet each student's needs;
new text end

new text begin (3) developing collective knowledge and experience through engagement in representative
partnerships with students, education professionals, families, and communities;
new text end

new text begin (4) multidisciplinary teams of education professionals that review and use data to prevent
and solve problems, inform instruction and supports, and ensure effective implementation
in partnership with students and families;
new text end

new text begin (5) effective and timely use of meaningful, culturally relevant data disaggregated by
student groups identified in section 121A.031 that includes but is not limited to universal
screening, frequent progress monitoring, implementation fidelity, and multiple qualitative
and quantitative sources; and
new text end

new text begin (6) ongoing professional learning on the Multi-Tiered System of Supports systemic
framework using anti-racist approaches to training and coaching.
new text end

Sec. 6.

new text begin [121A.24] SEIZURE TRAINING AND ACTION PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Seizure action plan. new text end

new text begin (a) For purposes of this section, "seizure action
plan" means a written individualized health plan designed to acknowledge and prepare for
the health care needs of a student with a seizure disorder diagnosed by the student's treating
licensed health care provider.
new text end

new text begin (b) The requirements of this subdivision apply to a school district or charter school where
an enrolled student's parent or guardian has notified the school district or charter school that
the student has a diagnosed seizure disorder and has seizure rescue medication or medication
prescribed by the student's licensed health care provider to treat seizure disorder symptoms
approved by the United States Food and Drug Administration. The parent or guardian of a
student with a diagnosed seizure disorder must collaborate with school personnel to
implement the seizure action plan.
new text end

new text begin (c) A seizure action plan must:
new text end

new text begin (1) identify a school nurse or a designated individual at each school site who is on duty
during the regular school day and can administer or assist with the administration of seizure
rescue medication or medication prescribed to treat seizure disorder symptoms approved
by the United States Food and Drug Administration;
new text end

new text begin (2) require training on seizure medications for an employee identified under clause (1),
recognition of signs and symptoms of seizures, and appropriate steps to respond to seizures;
new text end

new text begin (3) be provided to the person identified under clause (1); and
new text end

new text begin (4) be filed in the office of the school principal or licensed school nurse or, in the absence
of a licensed school nurse, a professional nurse or designated individual.
new text end

new text begin (d) A school district or charter school employee or volunteer responsible for the
supervision or care of a student with a diagnosed seizure disorder must be given notice and
a copy of the seizure action plan, the name or position of the employee identified under
paragraph (c), clause (1), and the method by which the trained school employee may be
contacted in an emergency.
new text end

new text begin Subd. 2. new text end

new text begin Training requirements. new text end

new text begin A school district or charter school must provide all
licensed school nurses or, in the absence of a licensed school nurse, a professional nurse or
designated individual, and other school staff working with students with self-study materials
on seizure disorder signs, symptoms, medications, and appropriate responses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later.
new text end

Sec. 7.

new text begin [127A.20] COMPREHENSIVE SCHOOL MENTAL HEALTH SERVICES
LEAD.
new text end

new text begin Subdivision 1. new text end

new text begin Lead position established. new text end

new text begin The department must employ a lead to serve
as a source of information and support for schools in addressing students' mental health
needs and developing comprehensive school mental health systems.
new text end

new text begin Subd. 2. new text end

new text begin Assistance to districts. new text end

new text begin (a) The lead must assist schools in assessing the quality
of their comprehensive school mental health systems and developing improvement plans
to implement evidence-based mental health resources, tools, and practices in school districts
throughout Minnesota.
new text end

new text begin (b) The comprehensive school mental health services lead must work with school districts
to improve mental health infrastructure support by:
new text end

new text begin (1) developing guidance and sharing resources on improving the quality of comprehensive
school mental health systems;
new text end

new text begin (2) developing and sharing resources on evidence-based strategies, behavioral
interventions, and practices or techniques for addressing students' mental health needs,
including implementing a comprehensive approach to suicide prevention;
new text end

new text begin (3) maintaining a list of local, state, and national mental health resources for school
districts, including public and private funding opportunities, community-based prevention
and intervention services, model policies, training for teachers and other district staff, and
other resources for mental health education under section 120B.21;
new text end

new text begin (4) providing advice, upon request, to school districts on implementing trauma-informed
and culturally responsive school-based programs that provide prevention or intervention
services to students;
new text end

new text begin (5) posting resources on the department's website that school districts may use to address
students' mental health needs; and
new text end

new text begin (6) maintaining a comprehensive list of school district best practices to address students'
mental health needs.
new text end

new text begin (c) The lead may report to the legislature as necessary regarding students' mental health
needs, challenges in developing comprehensive school mental health services, successful
strategies and outcomes, and recommendations for integrating mental health services and
supports in schools.
new text end

new text begin Subd. 3. new text end

new text begin Coordination with other agencies. new text end

new text begin The comprehensive school mental health
services lead must consult with the Regional Centers of Excellence; the Department of
Health; the Department of Human Services; the Minnesota School Safety Center; and other
federal, state, and local agencies as necessary to identify or develop information, training,
and resources to help school districts support students' mental health needs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

ARTICLE 7

NUTRITION AND LIBRARIES

Section 1.

Minnesota Statutes 2020, section 124D.111, is amended to read:

124D.111 new text begin SCHOOL MEAL POLICY; new text end LUNCH AID; FOOD SERVICE
ACCOUNTING.

Subdivision 1.

School deleted text begin lunch aid computation deleted text end new text begin meal policy new text end .

new text begin (a) Each Minnesota sponsor
of the national school lunch program or school breakfast program must adopt and post to
its website, or the website of the organization where the meal is served, a school meal policy.
The policy must:
new text end

new text begin (1) be in writing, accessible in multiple languages, and clearly communicate student
meal charges when payment cannot be collected at the point of service;
new text end

new text begin (2) be reasonable and well-defined and maintain the dignity of students by prohibiting
lunch shaming or otherwise ostracizing any student;
new text end

new text begin (3) address whether the sponsor uses a collection agency to collect unpaid school meal
debt;
new text end

new text begin (4) require any communication to collect unpaid school meal debt be done by school
staff trained on the school district's policy on collecting student meal debt;
new text end

new text begin (5) require that all communication relating to school meal debt be delivered only to a
student's parent or guardian and not directly to the student;
new text end

new text begin (6) ensure that once a sponsor has placed a meal on a tray or otherwise served a
reimbursable meal to a student, the meal may not be subsequently withdrawn from the
student by the cashier or other school official because the student has outstanding meal
debt;
new text end

new text begin (7) ensure that a student who has been determined eligible for free and reduced-price
lunch must always be served a reimbursable meal even if the student has outstanding debt;
new text end

new text begin (8) provide the third-party provider with its school meal policy if the school contracts
with a third-party provider for its meal services; and
new text end

new text begin (9) require school nutrition staff be trained on the policy.
new text end

new text begin (b) Any contract between a school and a third-party provider of meal services entered
into or modified on or after July 1, 2021, must ensure that the third-party provider adheres
to the sponsor's school meal policy.
new text end

new text begin Subd. 1a. new text end

new text begin School lunch aid amounts. new text end

Each school year, the state must pay deleted text begin participants deleted text end new text begin
sponsors new text end in the national school lunch program the amount of 12.5 cents for each full paid
and free student lunch and 52.5 cents for each reduced-price lunch served to students.

Subd. 2.

Application.

A school district, charter school, nonpublic school, or other
deleted text begin participant deleted text end new text begin sponsor new text end in the national school lunch program shall apply to the department for
this payment on forms provided by the department.

Subd. 2a.

Federal Child and Adult Care Food Program; criteria and notice.

The
commissioner must post on the department's website eligibility criteria and application
information for nonprofit organizations interested in applying to the commissioner for
approval as a multisite sponsoring organization under the federal Child and Adult Care
Food Program. The posted criteria and information must inform interested nonprofit
organizations about:

(1) the criteria the commissioner uses to approve or disapprove an application, including
how an applicant demonstrates financial viability for the Minnesota program, among other
criteria;

(2) the commissioner's process and time line for notifying an applicant when its
application is approved or disapproved and, if the application is disapproved, the explanation
the commissioner provides to the applicant; and

(3) any appeal or other recourse available to a disapproved applicant.

Subd. 3.

School food service fund.

(a) The expenses described in this subdivision must
be recorded as provided in this subdivision.

(b) In each district, the expenses for a school food service program for pupils must be
attributed to a school food service fund. Under a food service program, the school food
service may prepare or serve milk, meals, or snacks in connection with school or community
service activities.

(c) Revenues and expenditures for food service activities must be recorded in the food
service fund. The costs of processing applications, accounting for meals, preparing and
serving food, providing kitchen custodial services, and other expenses involving the preparing
of meals or the kitchen section of the lunchroom may be charged to the food service fund
or to the general fund of the district. The costs of lunchroom supervision, lunchroom custodial
services, lunchroom utilities, and other administrative costs of the food service program
must be charged to the general fund.

That portion of superintendent and fiscal manager costs that can be documented as
attributable to the food service program may be charged to the food service fund provided
that the school district does not employ or contract with a food service director or other
individual who manages the food service program, or food service management company.
If the cost of the superintendent or fiscal manager is charged to the food service fund, the
charge must be at a wage rate not to exceed the statewide average for food service directors
as determined by the department.

(d) Capital expenditures for the purchase of food service equipment must be made from
the general fund and not the food service fund, unless the restricted balance in the food
service fund at the end of the last fiscal year is greater than the cost of the equipment to be
purchased.

(e) If the condition set out in paragraph (d) applies, the equipment may be purchased
from the food service fund.

(f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit
is not eliminated by revenues from food service operations in the next fiscal year, then the
deficit must be eliminated by a permanent fund transfer from the general fund at the end of
that second fiscal year. However, if a district contracts with a food service management
company during the period in which the deficit has accrued, the deficit must be eliminated
by a payment from the food service management company.

(g) Notwithstanding paragraph (f), a district may incur a deficit in the food service fund
for up to three years without making the permanent transfer if the district submits to the
commissioner by January 1 of the second fiscal year a plan for eliminating that deficit at
the end of the third fiscal year.

(h) If a surplus in the food service fund exists at the end of a fiscal year for three
successive years, a district may recode for that fiscal year the costs of lunchroom supervision,
lunchroom custodial services, lunchroom utilities, and other administrative costs of the food
service program charged to the general fund according to paragraph (c) and charge those
costs to the food service fund in a total amount not to exceed the amount of surplus in the
food service fund.

Subd. 4.

No fees.

A deleted text begin participant deleted text end new text begin sponsor new text end that receives school lunch aid under this section
must make deleted text begin lunch deleted text end new text begin meals new text end available without charge new text begin and must not deny a school lunch or
breakfast new text end to all participating students who qualify for free or reduced-price meals new text begin , whether
or not the student has an outstanding balance in the student's meal account attributable to a
la carte purchases or for any other reason new text end . The deleted text begin participant deleted text end new text begin sponsor new text end must also ensure that
any reminders for payment of outstanding student meal balances do not demean or stigmatize
any child participating in the school lunch program new text begin or school breakfast program new text end .

new text begin Subd. 5. new text end

new text begin Respectful treatment. new text end

new text begin (a) The sponsor must also provide meals to students in
a respectful manner according to the policy adopted under subdivision 1. The sponsor must
not impose any other restriction prohibited under section 123B.37 due to unpaid student
meal debt. The sponsor must not limit a student's participation in any school activities,
graduation ceremonies, field trips, athletics, activity clubs, or other extracurricular activities
or access to materials, technology, or other items provided to students due to an unpaid
student meal debt.
new text end

new text begin (b) If the commissioner or the commissioner's designee determines a sponsor has violated
the requirement to provide meals to participating students in a respectful manner, the
commissioner or the commissioner's designee must send a letter of noncompliance to the
sponsor. The sponsor is required to respond and, if applicable, remedy the practice within
60 days.
new text end

new text begin Subd. 6. new text end

new text begin Definitions. new text end

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

new text begin (b) "A la carte" means a food item ordered separately from the school meal.
new text end

new text begin (c) "School meal" means a meal provided to students during the school day.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 2.

new text begin [124D.901] SCHOOL LIBRARIES AND MEDIA CENTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin A school district or charter school library or school library
media center provides equitable and free access to students, teachers, and administrators
and must:
new text end

new text begin (1) ensure every student has equitable access to resources and is able to locate, access,
and use on-site resources that are organized and cataloged;
new text end

new text begin (2) have a collection development policy that includes but is not limited to materials
selection and de-selection, a challenged materials procedure, and an intellectual and academic
freedom statement;
new text end

new text begin (3) be housed in a central location that provides an environment for expanded learning
to meet the unique needs and interests of individual students; and
new text end

new text begin (4) have technology tools and broadband access.
new text end

new text begin Subd. 2. new text end

new text begin Services. new text end

new text begin The school district or charter school library or school library media
center must employ a licensed school library media specialist or licensed school librarian
who:
new text end

new text begin (1) provides instruction for students;
new text end

new text begin (2) provides staff training on the use of new resources and equipment;
new text end

new text begin (3) provides instructional support for and collaboration with teachers of all disciplines;
new text end

new text begin (4) participates in school-wide technology and communications planning and promotes
its integration into all instructional programs; and
new text end

new text begin (5) models and supports the ethical use of information, adherence to copyright laws, and
respect for intellectual property.
new text end

Sec. 3.

Minnesota Statutes 2020, section 134.34, subdivision 1, is amended to read:

Subdivision 1.

Local support levels.

(a) Regional library basic system support aid shall
be provided to any regional public library system where there are at least three participating
counties and where each participating city and county is providing for public library service
support the lesser of (a) an amount equivalent to .82 percent of the average of the adjusted
net tax capacity of the taxable property of that city or county, as determined by the
commissioner of revenue for the second, third, and fourth year preceding that calendar year
or (b) a per capita amount calculated under the provisions of this subdivision. The per capita
amount is established for calendar year 1993 as $7.62. In succeeding calendar years, the
per capita amount shall be increased by a percentage equal to one-half of the percentage by
which the total state adjusted net tax capacity of property as determined by the commissioner
of revenue for the second year preceding that calendar year increases over that total adjusted
net tax capacity for the third year preceding that calendar year.

(b) The minimum level of support specified under this subdivision or subdivision 4 shall
be certified annually to the participating cities and counties by the Department of Education.
If a city or county chooses to reduce its local support in accordance with subdivision 4,
paragraph (b) or (c), it shall notify its regional public library system. The regional public
library system shall notify the Department of Education that a revised certification is required.
The revised minimum level of support shall be certified to the city or county by the
Department of Education.

(c) A city which is a part of a regional public library system shall not be required to
provide this level of support if the property of that city is already taxable by the county for
the support of that regional public library system. In no event shall the Department of
Education require any city or county to provide a higher level of support than the level of
support specified in this section in order for a system to qualify for regional library basic
system support aid. This section shall not be construed to prohibit a city or county from
providing a higher level of support for public libraries than the level of support specified
in this section.

new text begin (d) The amounts required to be expended under this section are subject to the reduced
maintenance of effort requirements in section 275.761.
new text end

ARTICLE 8

FACILITIES

Section 1.

new text begin [121A.336] NOTIFICATION OF ENVIRONMENTAL HAZARDS.
new text end

new text begin Upon notification by the Department of Health or Pollution Control Agency to a school
district, charter school, or nonpublic school of environmental hazards that may affect the
health of students or school staff, the school must notify school staff, students, and parents
of the hazards as soon as practicable. The notice must include direction on how to obtain
additional information about the hazard, including any actions that may reduce potential
harm to those affected by the hazard.
new text end

ARTICLE 9

STATE AGENCIES

Section 1.

Minnesota Statutes 2020, section 122A.07, subdivision 1, is amended to read:

Subdivision 1.

Appointment of members.

The Professional Educator Licensing and
Standards Board consists of deleted text begin 11 deleted text end new text begin 13 new text end members appointed by the governor, with the advice and
consent of the senate. Membership terms, compensation of members, removal of members,
the filling of membership vacancies, and fiscal year and reporting requirements are as
provided in sections 214.07 to 214.09. deleted text begin No member may be reappointed for more than one
additional term deleted text end new text begin A member must not serve more than two consecutive terms new text end .

Sec. 2.

Minnesota Statutes 2020, section 122A.07, subdivision 2, is amended to read:

Subd. 2.

Eligibility; board composition.

Each deleted text begin nominee deleted text end new text begin appointee new text end , other than a public
nominee, must be selected on the basis of professional experience and knowledge of teacher
education, accreditation, and licensure. The board must be composed of:

(1) deleted text begin six deleted text end new text begin seven new text end teachers who are currently teaching in a Minnesota school deleted text begin or who were
teaching at the time of the appointment deleted text end , have at least five years of teaching experience, and
deleted text begin were deleted text end new text begin are new text end not serving in deleted text begin an administrative function at a school district or school when
appointed deleted text end new text begin a position requiring an administrative license, pursuant to section 122A.14 new text end . The
deleted text begin six deleted text end new text begin seven new text end teachers must include the following:

(i) one teacher in a charter school;

(ii) one teacher from new text begin a school located in new text end the seven-county metropolitan area, as defined
in section 473.121, subdivision 2;

(iii) one teacher from new text begin a school located new text end outside the seven-county metropolitan area;

(iv) one teacher from a related service category licensed by the board;

(v) one special education teacher; and

(vi) deleted text begin one teacher from a teacher preparation program deleted text end new text begin two teachers licensed in licensure
areas that represent current or emerging trends in education new text end ;

new text begin (2) one educator currently teaching in a Minnesota-approved teacher preparation program;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end one superintendent deleted text begin that alternates deleted text end new text begin , alternating new text end each term between a superintendent
from new text begin a school district in new text end the seven-county metropolitan area, as defined in section 473.121,
subdivision 2, and a superintendent from new text begin a school district new text end outside the metropolitan area;

deleted text begin (3) deleted text end new text begin (4) new text end one school district human resources director;

deleted text begin (4) deleted text end new text begin (5) new text end one deleted text begin administrator of a cooperative unit under section 123A.24, subdivision 2, deleted text end new text begin
educator new text end who oversees a special education program new text begin and who works closely with a cooperative
unit under section 123A.24, subdivision 2 new text end ;

deleted text begin (5) deleted text end new text begin (6) new text end one principal deleted text begin that alternates deleted text end new text begin , alternating new text end each term between an elementary and a
secondary school principal; and

deleted text begin (6) deleted text end new text begin (7) new text end one member of the public that may be a current or former school board member.

Sec. 3.

Minnesota Statutes 2020, section 122A.07, subdivision 4a, is amended to read:

Subd. 4a.

Administration.

(a) The executive director of the board shall be the chief
administrative officer for the board but shall not be a member of the board. The executive
director shall maintain the records of the board, account for all fees received by the board,
supervise and direct employees servicing the board, and perform other services as directed
by the board.

(b) The Department of Administration must provide administrative support in accordance
with section 16B.371. The commissioner of administration must assess the board for services
it provides under this section.

deleted text begin (c) The Department of Education must provide suitable offices and other space to the
board at reasonable cost until January 1, 2020. Thereafter, the board may contract with
either the Department of Education or the Department of Administration for the provision
of suitable offices and other space, joint conference and hearing facilities, and examination
rooms.
deleted text end

Sec. 4.

Minnesota Statutes 2020, section 122A.09, subdivision 4, is amended to read:

Subd. 4.

Licensing.

new text begin (a) new text end The Professional Educator Licensing and Standards Board must
license teachers, as defined in section 122A.15, subdivision 1, except for supervisory
personnel, as defined in section 122A.15, subdivision 2. The board must not delegate its
authority to make all licensing decisions with respect to candidates for teacher licensure.
The board must evaluate candidates for compliance with statutory or rule requirements for
licensure and develop licensure verification requirements.

new text begin (b) The Professional Educator Licensing and Standards Board must approve teacher
preparation providers seeking to prepare candidates for teacher licensure in Minnesota.
new text end

Sec. 5.

Minnesota Statutes 2020, section 122A.09, subdivision 6, is amended to read:

Subd. 6.

Register of persons licensed.

The deleted text begin executive director of the deleted text end Professional
Educator Licensing and Standards Board must keep a record of the proceedings of and a
register of all persons licensed pursuant to the provisions of this chapter. The register must
show the name, deleted text begin address, deleted text end new text begin licenses and permissions held including renewals, and new text end license
number deleted text begin and the renewal of the license deleted text end . deleted text begin The board must on July 1, of each year or as soon
thereafter as is practicable, compile a list of such duly licensed teachers. A copy of the
register deleted text end new text begin This list new text end must be available deleted text begin during business hours at the office of the board to any
interested person deleted text end new text begin on the board's website new text end .

Sec. 6.

Minnesota Statutes 2020, section 122A.09, subdivision 9, is amended to read:

Subd. 9.

Professional Educator Licensing and Standards Board must adopt new text begin and
revise new text end rules.

(a) The Professional Educator Licensing and Standards Board must adopt new text begin and
revise new text end rules subject to the provisions of chapter 14 to implement sections 120B.363, 122A.05
to 122A.09, deleted text begin 122A.092 deleted text end new text begin 122A.094 new text end , 122A.16, 122A.17, 122A.18, 122A.181, 122A.182,
122A.183, 122A.184, 122A.185, 122A.187, 122A.188, new text begin 122A.19, new text end 122A.20, 122A.21,
122A.23, 122A.26, 122A.28, and 122A.29.

(b) The board must adopt new text begin and revise new text end rules relating to fields of licensure new text begin and grade levels
that a licensed teacher may teach new text end , including a process for granting permission to a licensed
teacher to teach in a field that is different from the teacher's field of licensure without change
to the teacher's license tier level.

deleted text begin (c) The board must adopt rules relating to the grade levels that a licensed teacher may
teach.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end If a rule adopted by the board is in conflict with a session law or statute, the law
or statute prevails. Terms adopted in rule must be clearly defined and must not be construed
to conflict with terms adopted in statute or session law.

deleted text begin (e) deleted text end new text begin (d) new text end The board must include a description of a proposed rule's probable effect on
teacher supply and demand in the board's statement of need and reasonableness under section
14.131.

deleted text begin (f) deleted text end new text begin (e) new text end The board must adopt rules only under the specific statutory authority.

Sec. 7.

Minnesota Statutes 2020, section 122A.09, subdivision 10, is amended to read:

Subd. 10.

Permissions.

(a) Notwithstanding subdivision 9 and sections 14.055 and
14.056, the Professional Educator Licensing and Standards Board may grant waivers to its
rules upon application by a school district or a charter school for purposes of implementing
experimental programs in learning or management.

(b) To enable a school district or a charter school to meet the needs of students enrolled
in an alternative education program and to enable licensed teachers instructing those students
to satisfy content area licensure requirements, the Professional Educator Licensing and
Standards Board deleted text begin annually deleted text end may permit a licensed teacher teaching in an alternative education
program to instruct students in a content area for which the teacher is not licensed, consistent
with paragraph (a).

(c) A special education license permission issued by the Professional Educator Licensing
and Standards Board for a primary employer's low-incidence region is valid in all
low-incidence regions.

(d) A candidate that has obtained career and technical education certification may apply
for a Tier 1 license under section 122A.181. Consistent with section 136F.361, the
Professional Educator Licensing and Standards Board must strongly encourage approved
college or university-based teacher preparation programs throughout Minnesota to develop
alternative pathways for certifying and licensing high school career and technical education
instructors and teachers, allowing such candidates to meet certification and licensure
standards that demonstrate their content knowledge, classroom experience, and pedagogical
practices and their qualifications based on a combination of occupational testing, professional
certification or licensure, and long-standing work experience.

Sec. 8.

Minnesota Statutes 2020, section 122A.091, subdivision 1, is amended to read:

Subdivision 1.

Teacher and administrator preparation and performance data;
report.

(a) The Professional Educator Licensing and Standards Board and the Board of
School Administrators, in cooperation with deleted text begin board-adopted deleted text end new text begin board-approved new text end teacher or
administrator preparation programs, annually must collect and report summary data on
teacher and administrator preparation and performance outcomes, consistent with this
subdivision. The Professional Educator Licensing and Standards Board and the Board of
School Administrators annually by deleted text begin June deleted text end new text begin July new text end 1 must update and post the reported summary
preparation and performance data on teachers and administrators from the preceding school
years on deleted text begin a website hosted jointly by the boards deleted text end new text begin their respective websites new text end .

(b) Publicly reported summary data on teacher preparation deleted text begin programs deleted text end new text begin providers new text end must
include:

deleted text begin (1) student entrance requirements for each Professional Educator Licensing and Standards
Board-approved program, including grade point average for enrolling students in the
preceding year;
deleted text end

deleted text begin (2) the average board-adopted skills examination or ACT or SAT scores of students
entering the program in the preceding year;
deleted text end

deleted text begin (3) deleted text end new text begin (1) new text end summary data on deleted text begin faculty deleted text end new text begin all full-time, part-time, and adjunct teacher educator new text end
qualifications, including at least the content areas of deleted text begin faculty deleted text end new text begin teacher educator new text end undergraduate
and graduate degrees and their years of experience either as deleted text begin kindergarten deleted text end new text begin birth new text end through grade
12 classroom teachers or school administrators;

deleted text begin (4) the average time resident and nonresident program graduates in the preceding year
needed to complete the program;
deleted text end

new text begin (2) the current number and percentage of enrolled candidates who entered the program
through a transfer pathway disaggregated by race, except when disaggregation would not
yield statistically reliable results or would reveal personally identifiable information about
an individual;
new text end

deleted text begin (5) deleted text end new text begin (3) new text end the current number and percentage of deleted text begin students deleted text end new text begin program completers new text end by program
who deleted text begin graduated, deleted text end received a deleted text begin standard Minnesota teaching license, and deleted text end new text begin Tier 3 or Tier 4 license
disaggregated by race, except when disaggregation would not yield statistically reliable
results or would reveal personally identifiable information about an individual;
new text end

new text begin (4) the current number and percentage of program completers who entered the program
through a transfer pathway and received a Tier 3 or Tier 4 license disaggregated by race,
except when disaggregation would not yield statistically reliable results or would reveal
personally identifiable information about an individual;
new text end

new text begin (5) the current number and percentage of program completers who new text end were hired to teach
full time in their licensure field in a Minnesota district or school in the preceding year
disaggregated by race, except when disaggregation would not yield statistically reliable
results or would reveal personally identifiable information about an individual;

(6) deleted text begin the number of content area credits and other credits by undergraduate program that
students in the preceding school year needed to complete to graduate; deleted text end new text begin the current number
and percentage of program completers who entered the program through a transfer pathway
and who were hired to teach full time in their licensure field in a Minnesota district or school
in the preceding year disaggregated by race, except when disaggregation would not yield
statistically reliable results or would reveal personally identifiable information about an
individual;
new text end

(7) deleted text begin students' deleted text end pass rates on deleted text begin skills deleted text end new text begin pedagogy new text end and subject matter exams required deleted text begin for
graduation deleted text end in each deleted text begin program and deleted text end licensure area new text begin for program completers new text end in the preceding
school year;

(8) survey results measuring deleted text begin student and graduate satisfaction with the program deleted text end new text begin how
prepared program completers felt during their first year of teaching new text end in the preceding school
year disaggregated by race, except when disaggregation would not yield statistically reliable
results or would reveal personally identifiable information about an individual;

(9) deleted text begin a standard measure of the satisfaction of deleted text end new text begin survey results from new text end school principals or
deleted text begin supervising teachers with the student teachers assigned to a school or supervising teacher deleted text end new text begin
supervisors on how prepared they felt their first-year teachers were in the preceding school
year new text end ; and

(10) deleted text begin information under subdivision 3, paragraphs (a) and (b) deleted text end new text begin the number and percentage
of program completers who met or exceed the state threshold score on the board-adopted
teacher performance assessment new text end .

Program reporting must be consistent with subdivision 2.

(c) Publicly reported summary data on administrator preparation programs approved by
the Board of School Administrators must include:

(1) summary data on faculty qualifications, including at least the content areas of faculty
undergraduate and graduate degrees and the years of experience either as kindergarten
through grade 12 classroom teachers or school administrators;

(2) the average time program graduates in the preceding year needed to complete the
program;

(3) the current number and percentage of students who graduated, received a standard
Minnesota administrator license, and were employed as an administrator in a Minnesota
school district or school in the preceding year disaggregated by race, except when
disaggregation would not yield statistically reliable results or would reveal personally
identifiable information about an individual;

(4) the number of credits by graduate program that students in the preceding school year
needed to complete to graduate;

(5) survey results measuring student, graduate, and employer satisfaction with the
program in the preceding school year disaggregated by race, except when disaggregation
would not yield statistically reliable results or would reveal personally identifiable
information about an individual; and

(6) information under subdivision 3, paragraphs (c) and (d).

Program reporting must be consistent with section 122A.14, subdivision 10.

Sec. 9.

Minnesota Statutes 2020, section 122A.091, subdivision 2, is amended to read:

Subd. 2.

Teacher preparation program reporting.

(a) By December 31, 2018, and
annually thereafter, the Professional Educator Licensing and Standards Board shall report
and publish on its website the cumulative summary results of at least three consecutive
years of data reported to the board under subdivision 1, paragraph (b). Where the data are
sufficient to yield statistically reliable information and the results would not reveal personally
identifiable information about an individual teacher, the board shall report the data by teacher
preparation program.

(b) The Professional Educator Licensing and Standards Board must report annually to
the chairs and ranking minority members of the legislative committees with jurisdiction
over kindergarten through grade 12 education, the following information:

(1) the total number of teacher candidates during the most recent school year taking a
board-adopted skills examination;

(2) the number who achieve a qualifying score on the examination;

(3) the number who do not achieve a qualifying score on the examination; and

(4) the new text begin number of new text end candidates who have not passed a content or pedagogy exam.

The information reported under this paragraph must be disaggregated by categories of race,
ethnicity, and new text begin , if applicable, new text end eligibility for financial aid. The report must be submitted in
accordance with section 3.195.

Sec. 10.

Minnesota Statutes 2020, section 609A.03, subdivision 7a, is amended to read:

Subd. 7a.

Limitations of order effective January 1, 2015, and later.

(a) Upon issuance
of an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) except as provided in clause (2), an expunged record may be opened, used, or
exchanged between criminal justice agencies without a court order for the purposes of
initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
purposes or providing probation or other correctional services;

(2) when a criminal justice agency seeks access to a record that was sealed under section
609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
for lack of probable cause, for purposes of a criminal investigation, prosecution, or
sentencing, the requesting agency must obtain an ex parte court order after stating a
good-faith basis to believe that opening the record may lead to relevant information;

(3) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order;

(4) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the commissioner had been properly served with notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner of human services;

(5) an expunged record of a conviction may be opened for purposes of a background
check required under section 122A.18, subdivision 8, unless the court order for expungement
is directed specifically to the Professional Educator Licensing and Standards Board deleted text begin or the
licensing division of the Department of Education deleted text end ; and

(6) the court may order an expunged record opened upon request by the victim of the
underlying offense if the court determines that the record is substantially related to a matter
for which the victim is before the court.

(c) An agency or jurisdiction subject to an expungement order shall maintain the record
in a manner that provides access to the record by a criminal justice agency under paragraph
(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
of Criminal Apprehension shall notify the commissioner of human services deleted text begin , deleted text end new text begin or new text end the
Professional Educator Licensing and Standards Board deleted text begin , or the licensing division of the
Department of Education deleted text end of the existence of a sealed record and of the right to obtain access
under paragraph (b), clause (4) or (5). Upon request, the agency or jurisdiction subject to
the expungement order shall provide access to the record to the commissioner of human
services deleted text begin , deleted text end new text begin or new text end the Professional Educator Licensing and Standards Board deleted text begin , or the licensing
division of the Department of Education deleted text end under paragraph (b), clause (4) or (5).

(d) An expunged record that is opened or exchanged under this subdivision remains
subject to the expungement order in the hands of the person receiving the record.

(e) A criminal justice agency that receives an expunged record under paragraph (b),
clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
record to the investigation, prosecution, or sentencing for which it was obtained.

(f) For purposes of this section, a "criminal justice agency" means a court or government
agency that performs the administration of criminal justice under statutory authority.

(g) This subdivision applies to expungement orders subject to its limitations and effective
on or after January 1, 2015.

APPENDIX

Repealed Minnesota Statutes: H1081-1

120B.35 STUDENT ACADEMIC ACHIEVEMENT AND GROWTH.

Subd. 5.

Improving graduation rates for students with emotional or behavioral disorders.

(a) A district must develop strategies in conjunction with parents of students with emotional or behavioral disorders and the county board responsible for implementing sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in school, when the district has a drop-out rate for students with an emotional or behavioral disorder in grades 9 through 12 exceeding 25 percent.

(b) A district must develop a plan in conjunction with parents of students with emotional or behavioral disorders and the local mental health authority to increase the graduation rates of students with emotional or behavioral disorders. A district with a drop-out rate for children with an emotional or behavioral disturbance in grades 9 through 12 that is in the top 25 percent of all districts shall submit a plan for review and oversight to the commissioner.

122A.091 REPORTS.

Subd. 3.

School district reports.

(a) School districts annually by October 1 must report to the Professional Educator Licensing and Standards Board the following information for all teachers who finished the probationary period and accepted a continuing contract position with the district from September 1 of the previous year through August 31 of the current year:

(1) the effectiveness category or rating of the teacher on the summative evaluation under section 122A.40, subdivision 8, or 122A.41, subdivision 5;

(2) the licensure area in which the teacher primarily taught during the three-year evaluation cycle; and

(3) the teacher preparation program preparing the teacher in the teacher's primary areas of instruction and licensure.

(b) School districts annually by October 1 must report to the Professional Educator Licensing and Standards Board the following information for all probationary teachers in the district who were released or whose contracts were not renewed from September 1 of the previous year through August 31 of the current year:

(1) the licensure areas in which the probationary teacher taught; and

(2) the teacher preparation program preparing the teacher in the teacher's primary areas of instruction and licensure.

(c) School districts annually by October 1 must report to the Board of School Administrators the following information for all school principals and assistant principals who finished the probationary period and accepted a continuing contract position with the district from September 1 of the previous year through August 31 of the current year:

(1) the effectiveness category or rating of the principal or assistant principal on the summative evaluation under section 123B.147, subdivision 3; and

(2) the principal preparation program providing instruction to the principal or assistant principal.

(d) School districts annually by October 1 must report to the Board of School Administrators all probationary school principals and assistant principals in the district who were released or whose contracts were not renewed from September 1 of the previous year through August 31 of the current year.

Subd. 6.

Implementation report.

By January 1, 2019, the Professional Educator Licensing and Standards Board must prepare a report to the legislature on the implementation of the teacher licensure system established under sections 122A.18 to 122A.184. The report must include the number of applicants for licensure in each tier, the number of applications granted and denied, summary data on the reasons applications were denied, and the status of the board's rulemaking process for all licensure-related rules.

122A.092 TEACHER PREPARATION PROGRAMS.

Subdivision 1.

Rules.

The board must adopt rules to approve teacher preparation programs, including alternative teacher preparation programs under section 122A.2451, nonconventional programs, and Montessori teacher training programs.

Subd. 2.

Requirements for board approval.

Teacher preparation programs must demonstrate the following to obtain board approval:

(1) the program has implemented a research-based, results-oriented curriculum that focuses on the skills teachers need in order to be effective;

(2) the program provides a student teaching program;

(3) the program demonstrates effectiveness based on proficiency of graduates in demonstrating attainment of program outcomes;

(4) the program includes a common core of teaching knowledge and skills. This common core shall meet the standards developed by the Interstate New Teacher Assessment and Support Consortium in its 1992 model standards for beginning teacher licensing and development. Amendments to standards adopted under this clause are subject to chapter 14. The Professional Educator Licensing and Standards Board shall report annually to the education committees of the legislature on the performance of teacher candidates on common core assessments of knowledge and skills under this clause during the most recent school year;

(5) the program includes instruction on the knowledge and skills needed to provide appropriate instruction to English learners to support and accelerate their academic literacy, including oral academic language and achievement in content areas in a regular classroom setting; and

(6) the program includes culturally competent training in instructional strategies consistent with section 120B.30, subdivision 1, paragraph (q).

Subd. 3.

Specialized credentials.

The board must adopt rules creating flexible, specialized teaching licenses, credentials, and other endorsement forms to increase students' participation in language immersion programs, world language instruction, career development opportunities, work-based learning, early college courses and careers, career and technical programs, Montessori schools, and project- and place-based learning, among other career and college readiness learning offerings.

Subd. 4.

Teacher educators.

The board must adopt rules requiring teacher educators to work directly with elementary or secondary school teachers in elementary or secondary schools to obtain periodic exposure to the elementary and secondary teaching environments.

Subd. 5.

Reading strategies.

(a) A teacher preparation provider approved by the Professional Educator Licensing and Standards Board to prepare persons for classroom teacher licensure must include in its teacher preparation programs research-based best practices in reading, consistent with section 122A.06, subdivision 4, that enable the licensure candidate to teach reading in the candidate's content areas. Teacher candidates must be instructed in using students' native languages as a resource in creating effective differentiated instructional strategies for English learners developing literacy skills. A teacher preparation provider also must prepare early childhood and elementary teacher candidates for Tier 3 and Tier 4 teaching licenses under sections 122A.183 and 122A.184, respectively, for the portion of the examination under section 122A.185, subdivision 1, paragraph (c), covering assessment of reading instruction.

(b) Board-approved teacher preparation programs for teachers of elementary education must require instruction in applying comprehensive, scientifically based or evidence-based, and structured reading instruction programs that:

(1) teach students to read using foundational knowledge, practices, and strategies consistent with section 122A.06, subdivision 4, so that all students achieve continuous progress in reading; and

(2) teach specialized instruction in reading strategies, interventions, and remediations that enable students of all ages and proficiency levels to become proficient readers.

(c) Board-approved teacher preparation programs for teachers of elementary education, early childhood education, special education, and reading intervention must include instruction on dyslexia, as defined in section 125A.01, subdivision 2. Teacher preparation programs may consult with the Department of Education, including the dyslexia specialist under section 120B.122, to develop instruction under this paragraph. Instruction on dyslexia must be modeled on practice standards of the International Dyslexia Association, and must address:

(1) the nature and symptoms of dyslexia;

(2) resources available for students who show characteristics of dyslexia;

(3) evidence-based instructional strategies for students who show characteristics of dyslexia, including the structured literacy approach; and

(4) outcomes of intervention and lack of intervention for students who show characteristics of dyslexia.

(d) Nothing in this section limits the authority of a school district to select a school's reading program or curriculum.

Subd. 6.

Technology strategies.

All preparation providers approved by the Professional Educator Licensing and Standards Board to prepare persons for classroom teacher licensure must include in their teacher preparation programs the knowledge and skills teacher candidates need to engage students with technology and deliver digital and blended learning and curriculum.

Subd. 7.

Student teaching program.

A teacher preparation program may provide a year-long student teaching program that combines clinical opportunities with academic coursework and in-depth student teaching experiences to offer students:

(1) ongoing mentorship;

(2) coaching;

(3) assessment;

(4) help to prepare a professional development plan; and

(5) structured learning experiences.

Subd. 8.

Existing programs.

The approval of teacher preparation programs approved by the Board of Teaching before July 1, 2018, must remain in effect unless and until the Professional Educator Licensing and Standards Board denies approval or reapproves the program.

122A.18 BOARD TO ISSUE LICENSES.

Subd. 7c.

Temporary military license.

The Professional Educator Licensing and Standards Board shall establish a temporary license in accordance with section 197.4552 for teaching. The fee for a temporary license under this subdivision shall be $57. The board must provide candidates for a license under this subdivision with information regarding the tiered licensure system provided in sections 122A.18 to 122A.184.

122A.184 TIER 4 LICENSE.

Subd. 3.

Mentorship and evaluation.

A teacher holding a Tier 4 license must participate in the employing district or charter school's mentorship and evaluation program, including an individual growth and development plan.

122A.23 APPLICANTS TRAINED IN OTHER STATES.

Subd. 3.

Teacher licensure agreements with adjoining states.

(a) Notwithstanding any other law to the contrary, the Professional Educator Licensing and Standards Board must enter into a National Association of State Directors of Teacher Education and Certification (NASDTEC) interstate agreement and other interstate agreements for teacher licensure to allow fully certified teachers from adjoining states to transfer their certification to Minnesota. The board must enter into these interstate agreements only after determining that the rigor of the teacher licensure or certification requirements in the adjoining state is commensurate with the rigor of Minnesota's teacher licensure requirements. The board may limit an interstate agreement to particular content fields or grade levels based on established priorities or identified shortages. This subdivision does not apply to out-of-state applicants holding only a provisional teaching license.

(b) The Professional Educator Licensing and Standards Board must work with designated authorities in adjoining states to establish interstate teacher licensure agreements under this section.

122A.2451 ALTERNATIVE TEACHER PREPARATION PROVIDERS AND PROGRAMS.

Subdivision 1.

Definitions.

(a) "Provider" or "unit" means an eligible entity that seeks or has obtained approval for an alternative teacher preparation program consistent with this section.

(b) "Program" means content provided by a provider that leads toward licensure in a specific content area.

Subd. 2.

Purpose.

To provide alternative pathways towards Minnesota teacher licensure outside of the traditional means, improve ethnic and cultural diversity in the classroom, and to close the achievement gap, the Professional Educator Licensing and Standards Board must approve qualified teacher preparation providers and programs under this section that are a means to acquire a Tier 2 license under section 122A.182 and prepare for acquiring a Tier 3 license under section 122A.183.

Subd. 3.

Eligibility.

A school district, charter school, or nonprofit corporation organized under chapter 317A for an education-related purpose is eligible to participate under this section. An eligible entity may apply for provider and program approval simultaneously.

Subd. 4.

Provider approval.

An eligible entity must be approved as a provider before being approved to provide programs towards licensure. The Professional Educator Licensing and Standards Board must approve eligible entities under subdivision 3 that meet the following requirements:

(1) has evidence and history of fiscal solvency, capacity, and operation;

(2) has evidence of necessary infrastructure to provide accurate, timely, and secure data for the purposes of admission, candidate monitoring, testing, background checks, and license recommendations;

(3) has policies and procedures in place ensuring the security of candidate records under the federal Family Educational Rights and Privacy Act; and

(4) has the instructional capacity or ability to obtain the instructional capacity to provide an adequate instructional phase under subdivision 5.

Subd. 5.

Program approval.

The board must approve programs offered by approved providers based on nontraditional criteria. An approved program must have the following characteristics:

(1) an instructional phase that provides intensive preparation and classroom experience that is commensurate with the scope of licensure standards defined under rule, before the teacher candidate assumes classroom responsibilities;

(2) a research-based and results-oriented approach focused on best teaching practices to increase student proficiency and growth measured against state academic standards;

(3) a strategy to combine pedagogy and best teaching practices to better inform teacher candidates' classroom instruction;

(4) provide assessment, supervision, and evaluation of teacher candidates to determine their specific needs throughout the program, and to support efforts to successfully complete the program;

(5) provide intensive and ongoing professional learning opportunities that accelerate teacher candidates' professional growth, support student learning, and provide a workplace orientation, professional staff development, mentoring and peer review, focused on standards of professional practice and continuous professional growth; and

(6) a process to review a candidate's final proficiency of required licensure content standards that leads to potential candidate recommendation by the provider to the board for a Tier 3 teaching license under subdivision 8.

Subd. 6.

Nontraditional means; program instructors.

(a) The board must permit alternative teacher preparation providers and teacher candidates to demonstrate pedagogy and content standard proficiency in school-based programs and through other nontraditional means. Nontraditional means may include previous work experiences, teaching experiences, educator evaluations, industry-recognized certifications, and other essentially equivalent demonstrations.

(b) The board must use nontraditional criteria to determine qualifications of program instructors, including permitting instructors to hold a baccalaureate degree only.

Subd. 7.

Program disapproval, suspension.

If the board determines that a teacher preparation provider or licensure program fails to meet or is deficient in any of the requirements of subdivision 5, it may suspend or revoke the approval of the provider or program after it notifies the provider of the deficiencies and gives the provider an opportunity to remedy the deficiencies.

Subd. 8.

Candidate program completion; teacher licensure.

(a) A candidate that completes an approved program must apply for a license under the tiered licensure system according to sections 122A.181 to 122A.184.

(b) A person who successfully completes another state's alternative teacher preparation licensure program may apply to the Professional Educator Licensing and Standards Board for a Tier 3 license under section 122A.183.

Subd. 9.

Reports.

(a) An approved alternative teacher preparation provider must report to the Professional Educator Licensing and Standards Board on items that are defined in statute regarding program candidates, completion, and effectiveness or other items that are required under section 122A.09.

(b) The Professional Educator Licensing and Standards Board must submit a biennial report on the alternative teacher preparation program and providers to legislative committees having jurisdiction over kindergarten through grade 12 education policy and finance by January 15 of each odd-numbered year.