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Capital IconMinnesota Legislature

HF 163

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/18/2020 11:39am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; making certain policy changes for prekindergarten through
grade 12 education including general education, education excellence, teachers,
special education, health and safety, nutrition, and making technical changes;
requiring reports; amending Minnesota Statutes 2018, sections 120A.20, by adding
a subdivision; 120A.22, subdivisions 7, 10; 120B.021, subdivision 2; 120B.11,
subdivisions 2, 3; 121A.22, subdivision 1, by adding a subdivision; 121A.41, by
adding a subdivision; 121A.45, subdivision 1; 121A.53, subdivision 1; 122A.07,
subdivisions 1, 2; 122A.181, subdivision 3; 122A.182, subdivisions 1, 2, 3;
122A.185, subdivision 1; 122A.187, subdivision 6; 122A.40, subdivision 8;
122A.41, subdivision 5; 123B.09, subdivision 2; 123B.147, subdivision 3; 123B.52,
subdivision 1; 124D.09, subdivisions 5, 12; 124D.111; 124D.165, subdivisions 3,
4; 124D.74, subdivision 1; 124D.78, subdivisions 1, 3; 124D.79, subdivision 2;
124D.81, subdivision 1; 124D.861, subdivision 2; 124D.862, subdivision 7;
124E.03, subdivision 2, by adding subdivisions; 124E.05, subdivisions 4, 7;
124E.11; 124E.13, subdivision 3; 125A.08; 125A.30; 125A.50, subdivision 1;
126C.17, subdivision 9; 127A.353, subdivisions 2, 4; 134.31, subdivision 4a;
609A.03, subdivision 7a; Minnesota Statutes 2019 Supplement, section 120B.12,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 120B;
124D.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2018, section 120B.11, subdivision 2, is amended to read:


Subd. 2.

Adopting plans and budgets.

A school board, at a public meeting, deleted text beginshalldeleted text endnew text begin mustnew 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 endthe English and, where practicable, the native language development and the academic
achievement of English learnersdeleted text begin;deleted text endnew text begin, and (ii) for all learners, access to culturally relevant or
ethnic studies curriculum using culturally responsive methodologies;
new text end

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

(6) education effectiveness practices that integrate high-quality instructiondeleted text begin,deleted text endnew text begin;new text end rigorous
curriculumdeleted text begin,deleted text endnew text begin;new text end technologydeleted text begin,deleted text endnew text begin; inclusive and respectful learning and work environments for all
students, families, and staff;
new text end and a collaborative professional culture that deleted text begindevelops and
supports
deleted text endnew text begin retains qualified and racially, ethnically, and linguistically 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 of final enactment.
new text end

Sec. 2.

Minnesota Statutes 2018, section 120B.11, subdivision 3, is amended to read:


Subd. 3.

District advisory committee.

Each school board deleted text beginshalldeleted text endnew text begin mustnew 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 beginshalldeleted text endnew text begin mustnew 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 beginshalldeleted text endnew text begin mustnew 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 beginshalldeleted text endnew text begin mustnew text end recommend to the school
board rigorous academic standardsdeleted text begin,deleted text endnew text begin;new text end student achievement goals and measures consistent
with subdivision 1a and sections 120B.022, subdivisions 1a and 1b, and 120B.35deleted text begin,deleted text endnew text begin;new text end district
assessmentsdeleted text begin,deleted text endnew text begin;new text end means to improve students' equitable access to effective and more diverse
teachersdeleted text begin,deleted text endnew text begin; strategies to ensure the curriculum and learning and work environments are
inclusive and respectful toward 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 beginshalldeleted text endnew text begin mustnew text end comprise
at least two-thirds of advisory committee members.

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 of final enactment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 123B.09, subdivision 2, is amended to read:


Subd. 2.

School board member training.

A member shall receive training in school
finance and management developed in consultation with the Minnesota School Boards
Association and consistent with section 127A.19. The School Boards Association must
make available to each newly elected school board member training in school finance and
management consistent with section 127A.19 within 180 days of that member taking office.
The program shall be developed in consultation with the department and appropriate
representatives of higher education.new text begin For purposes of this subdivision only, the definition of
school board member includes a board member of a tribal contract school under section
124D.83.
new text end

Sec. 4.

Minnesota Statutes 2018, 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 beginculturally responsive new text endleadership 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 endnew 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 endbe 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 endnew 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 endallow 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 endnew 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 endnew text begin (8)new text end be linked to professional development that emphasizes improved teaching and
learning, curriculum and instruction, student learning, new text beginculturally responsive leadership
practices,
new text endand a collaborative professional culture; and

deleted text begin (8)deleted text endnew 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, 2022.
new text end

Sec. 5.

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


Subdivision 1.

Contracts.

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

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

After taking into consideration conformity with the specifications, terms of delivery,
and other conditions imposed in the call for bids, every such contract for which a call for
bids has been issued must be awarded to the lowest responsible bidder, be duly executed
in writing, and be otherwise conditioned as required by law. The person to whom the contract
is awarded shall give a sufficient bond to the board for its faithful performance.
Notwithstanding section 574.26 or any other law to the contrary, on a contract limited to
the purchase of a finished tangible product, a board may require, at its discretion, a
performance bond of a contractor in the amount the board considers necessary. A record
must be kept of all bids, with names of bidders and amount of bids, and with the successful
bid indicated thereon. A bid containing an alteration or erasure of any price contained in
the bid which is used in determining the lowest responsible bid must be rejected unless the
alteration or erasure is corrected as provided in this section. An alteration or erasure may
be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
initialed in ink by the person signing the bid. In the case of identical low bids from two or
more bidders, the board may, at its discretion, utilize negotiated procurement methods with
the tied low bidders for that particular transaction, so long as the price paid does not exceed
the low tied bid price. In the case where only a single bid is received, the board may, at its
discretion, negotiate a mutually agreeable contract with the bidder so long as the price paid
does not exceed the original bid. If no satisfactory bid is received, the board may readvertise.
Standard requirement price contracts established for supplies or services to be purchased
by the district must be established by competitive bids. Such standard requirement price
contracts may contain escalation clauses and may provide for a negotiated price increase
or decrease based upon a demonstrable industrywide or regional increase or decrease in the
vendor's costs. Either party to the contract may request that the other party demonstrate
such increase or decrease. The term of such contracts must not exceed two years with an
option on the part of the district to renew for an additional two years, except as provided in
subdivision new text begin3 or new text end7. Contracts for the purchase of perishable food items, except milk for
school lunches and vocational training programs, in any amount may be made by direct
negotiation by obtaining two or more written quotations for the purchase or sale, when
possible, without advertising for bids or otherwise complying with the requirements of this
section or section 471.345, subdivision 3. All quotations obtained shall be kept on file for
a period of at least one year after receipt.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2018, 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 endThe 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 make schools' curriculum and learning and work
environments more inclusive and respectful of students' racial, ethnic, and linguistic diversity
and to address issues of structural inequities in schools that create opportunity and
achievement gaps for students, families, and staff who are of color or who are American
Indian. Examples of possible structural inequities include but are not limited to policies and
practices that unintentionally result in disparate referrals and suspension, inequitable access
to advanced coursework, overrepresentation in lower level coursework, inequitable
participation in cocurricular activities, inequitable parent involvement, and lack of access
to racially and ethnically diverse teachers.
new text end

new text begin (d) Plan components and strategies should be informed by local data and may include
but are not limited to the following efforts:
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) creating 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 to inform development of specific proposals for making school
environments more inclusive and respectful toward all students, families, and staff;
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 culturally responsive and successfully serve students who are
from diverse racial, ethnic, and linguistic backgrounds;
new text end

new text begin (5) recruitment and retention of teachers, administrators, cultural and family liaisons,
paraprofessionals, and other nonlicensed 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) examining academic and discipline data, reexamining institutional policies and
practices that result in opportunity and achievement disparities between racial and ethnic
groups, and making necessary changes that increase access, meaningful participation,
representation, and positive outcomes for students of color, American Indian students, and
students who qualify for free or reduced-price lunch;
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 underserved students, including but
not limited to 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;
new text end

new text begin (8) developing or expanding ethnic studies course offerings to provide all students with
in-depth opportunities to learn about their own and others' cultures and historical experiences;
or
new text end

new text begin (9) examining and revising curricula in various subjects to be culturally relevant and
inclusive of various racial and ethnic groups while meeting state academic standards.
new text end

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

deleted text begin (c)deleted text endnew 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 of final enactment.
new text end

Sec. 7.

Minnesota Statutes 2018, 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 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 under section 471.345 in the same manner as a school district.
new text end

Sec. 8.

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


Subd. 9.

Referendum revenue.

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

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

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

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

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

(b) The board must deliver by mail at least 15 days but no more than deleted text begin30deleted text endnew text begin 45new text end days before
the day of the referendum to each taxpayer a notice of the referendum and the proposed
revenue increase. The board need not mail more than one notice to any taxpayer. For the
purpose of giving mailed notice under this subdivision, owners must be those shown to be
owners on the records of the county auditor or, in any county where tax statements are
mailed by the county treasurer, on the records of the county treasurer. Every property owner
whose name does not appear on the records of the county auditor or the county treasurer is
deemed to have waived this mailed notice unless the owner has requested in writing that
the county auditor or county treasurer, as the case may be, include the name on the records
for this purpose. The notice must project the anticipated amount of tax increase in annual
dollars for typical residential homesteads, agricultural homesteads, apartments, and
commercial-industrial property within the school district.

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2018, section 127A.353, subdivision 2, is amended to read:


Subd. 2.

Qualifications.

The governor shall select the school trust lands director on the
basis of outstanding professional qualifications and knowledge of finance, business practices,
minerals, forest and real estate management, and the fiduciary responsibilities of a trustee
to the beneficiaries of a trust. The school trust lands director serves in the unclassified service
for a term of four years. The first term deleted text beginshall enddeleted text endnew text begin endsnew text end on December 31, 2020. The governor
may remove the school trust lands director for cause. If a director resigns or is removed for
cause, the governor shall appoint a director for the remainder of the term.

Sec. 10.

Minnesota Statutes 2018, section 127A.353, subdivision 4, is amended to read:


Subd. 4.

Duties; powers.

(a) The school trust lands director shall:

(1) deleted text begintake an oath of office before assuming any duties as the directordeleted text endnew text begin act in a fiduciary
capacity for trust beneficiaries in accordance with the principles under section 127A.351
new text end;

(2) evaluate the school trust land asset position;

(3) determine the estimated current and potential market value of school trust lands;

(4) advisenew text begin and provide recommendations tonew text end the governordeleted text begin, Executive Council,
commissioner of natural resources, and the Legislative Permanent School Fund Commission
on the management of school trust lands, including
deleted text endnew text begin on school trust land management policies
and other policies that may affect the goal under section 127A.31;
new text end

new text begin (5) advise and provide recommendations to the Executive Council and Land Exchange
Board on all matters regarding school trust lands presented to either body;
new text end

new text begin (6) advise and provide recommendations to the commissioner of natural resources on
managing school trust lands, including but not limited to advice and recommendations on
new text end:

(i) Department of Natural Resources school trust land management plans;

(ii) leases of school trust lands;

(iii) royalty agreements on school trust lands;

(iv) land sales and exchanges;

(v) cost certification; and

(vi) revenue generating options;

new text begin (7) serve as temporary trustee of school trust lands for school trust lands subject to
proposed or active eminent domain proceedings;
new text end

new text begin (8) serve as temporary trustee of school trust lands pursuant to section 94.342, subdivision
5;
new text end

deleted text begin (5) proposedeleted text endnew text begin (9) submitnew text end to the Legislative Permanent School Fund Commissionnew text begin for review
an annual budget and management plan for the director that includes proposed
new text end legislative
changes that will improve the asset allocation of the school trust lands;

deleted text begin (6)deleted text endnew text begin (10)new text end develop a ten-year strategic plan and a 25-year framework for management of
school trust lands, in conjunction with the commissioner of natural resources, that is updated
every five years and implemented by the commissioner, with goals to:

(i) retain core real estate assets;

(ii) increase the value of the real estate assets and the cash flow from those assets;

(iii) rebalance the portfolio in assets with high performance potential and the strategic
disposal of selected assets;

(iv) establish priorities for management actions; and

(v) balance revenue enhancement and resource stewardship;new text begin and
new text end

deleted text begin (7) submit to the Legislative Permanent School Fund Commission for review an annual
budget and management plan for the director; and
deleted text end

deleted text begin (8)deleted text endnew text begin (11)new text end keep the beneficiaries, governor, legislature, and the public informed about the
work of the director by reporting to the Legislative Permanent School Fund Commission
in a public meeting at least once during each calendar quarter.

(b) In carrying out the duties under paragraph (a), the school trust lands director deleted text beginshall
have the authority to
deleted text endnew text begin maynew text end:

(1) direct and control money appropriated to the director;

(2) establish job descriptions and employ deleted text beginup to five employees in the unclassified service,deleted text endnew text begin
staff
new text end within the limitations of money appropriated to the director;

(3) enter into interdepartmental agreements with any other state agency;

(4) enter into joint powers agreements under chapter 471;

(5) evaluate and initiate real estate development projects on school trust lands with the
advice of the Legislative Permanent School Fund Commission deleted text beginin orderdeleted text end to generate long-term
economic return to the permanent school fund;new text begin and
new text end

deleted text begin (6) serve as temporary trustee of school trust land for school trust lands subject to
proposed or active eminent domain proceedings; and
deleted text end

deleted text begin (7)deleted text endnew text begin (6)new text end submit recommendations on strategies for school trust land leases, sales, or
exchanges to the commissioner of natural resources and the Legislative Permanent School
Fund Commission.

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2018, 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 under sections 121A.40 to 121A.56.new text begin
Transmitted records must document any service a pupil requires 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.

Sec. 2.

Minnesota Statutes 2018, section 120B.021, subdivision 2, is amended to read:


Subd. 2.

Standards development.

(a) The commissioner must consider advice from at
least the following stakeholders in developing statewide rigorous core academic standards
in language arts, mathematics, science, social studies, including history, geography,
economics, government and citizenship, and the arts:

new text begin (1) the Tribal Nations Education Committee under section 124D.79, subdivision 4, and
representatives from Minnesota's tribal nations and communities, including both Anishinaabe
and Dakota;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end parents of school-age children and members of the public throughout the state;

deleted text begin (2)deleted text endnew text begin (3)new text end teachers throughout the state currently licensed and providing instruction in
language arts, mathematics, science, social studies, or the arts and licensed elementary and
secondary school principals throughout the state currently administering a school site;

deleted text begin (3)deleted text endnew text begin (4)new text end currently serving members of local school boards and charter school boards
throughout the state;

deleted text begin (4)deleted text endnew text begin (5)new text end faculty teaching core subjects at postsecondary institutions in Minnesota; and

deleted text begin (5)deleted text endnew text begin (6)new text end representatives of the Minnesota business community.

(b) Academic standards must:

(1) be clear, concise, objective, measurable, and grade-level appropriate;

(2) not require a specific teaching methodology or curriculum; and

(3) be consistent with the Constitutions of the United States and the state of Minnesota.

Sec. 3.

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


Subd. 2.

Identification; report.

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

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

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

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

deleted text begin (1)deleted text endnew text begin who demonstrate characteristics ofnew text end dyslexiadeleted text begin,deleted text end using screening tools such as those
recommended by the department's dyslexia specialistdeleted text begin; or
deleted text end

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2018, 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 or
guardian to withdraw a student from the school district to avoid an expulsion or exclusion
dismissal proceeding. The duration of a withdrawal agreement cannot be for more than a
12-month period.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2018, section 121A.45, subdivision 1, is amended to read:


Subdivision 1.

Provision of alternative programs.

No school shall dismiss any pupil
without attempting to provide alternative educational services before dismissal proceedingsnew text begin
or pupil withdrawal proceedings
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 2020-2021 school year and later.
new text end

Sec. 6.

Minnesota Statutes 2018, section 121A.53, subdivision 1, is amended to read:


Subdivision 1.

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

new text beginConsistent with subdivision 2, new text endthe school board must report through the department
electronic reporting system each exclusion or expulsion deleted text beginanddeleted text endnew text begin,new text end each physical assault of a
district employee by a deleted text beginstudentdeleted text endnew text begin pupil, and each pupil withdrawal agreementnew text end within 30 days
of the effective date of the dismissal actionnew text begin, pupil withdrawal,new text end or assault to the commissioner
of education. This report must include a statement of alternative educational services, 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 beginstudent'sdeleted text endnew text begin pupil'snew 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 2020-2021 school year and later.
new text end

Sec. 7.

Minnesota Statutes 2018, section 124D.09, subdivision 5, is amended to read:


Subd. 5.

Authorization; notification.

Notwithstanding any other law to the contrary,
an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled tribal
contract or grant school eligible for aid under section 124D.83, except a foreign exchange
pupil enrolled in a district under a cultural exchange program, may apply to an eligible
institution, as defined in subdivision 3, to enroll in nonsectarian courses offered by that
postsecondary institution. If an institution accepts a secondary pupil for enrollment under
this section, the institution shall send written notice to the pupil, the pupil's school or school
district, and the commissioner. The notice must indicate the course and hours of enrollment
of that pupil. If the pupil enrolls in a course for postsecondary credit, the institution must
notifynew text begin:
new text end

new text begin (1)new text end the pupil about payment in the customary manner used by the institutiondeleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) the pupil's school as soon as practicable if the pupil withdraws from the course or
stops attending the course.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2018, section 124D.09, subdivision 12, is amended to read:


Subd. 12.

Credits; grade point average weighting policy.

(a) A pupil must not audit
a course under this section.

(b) A district deleted text beginshalldeleted text endnew text begin mustnew text end grant academic credit to a pupil enrolled in a course for secondary
credit if the pupil successfully completes the course. Seven quarter or four semester college
credits equal at least one full year of high school credit. Fewer college credits may be
prorated. A district must also grant academic credit to a pupil enrolled in a course for
postsecondary credit if secondary credit is requested by a pupil. If no comparable course is
offered by the district, the district must, as soon as possible, notify the commissioner, who
deleted text begin shalldeleted text endnew text begin mustnew text end determine the number of credits that deleted text beginshalldeleted text endnew text begin mustnew text end be granted to a pupil who
successfully completes a course. If a comparable course is offered by the district, the school
board deleted text beginshalldeleted text endnew text begin mustnew text end grant a comparable number of credits to the pupil. If there is a dispute
between the district and the pupil regarding the number of credits granted for a particular
course, the pupil may appeal the board's decision to the commissioner. The commissioner's
decision regarding the number of credits deleted text beginshall bedeleted text endnew text begin isnew text end final.

(c) A school board must adopt a policy regarding weighted grade point averages for any
high school or dual enrollment course. The policy must state whether the district offers
weighted grades. A school board must annually publish on its website a list of courses for
which a student may earn a weighted grade.

(d) The secondary credits granted to a pupil must be counted toward the graduation
requirements and subject area requirements of the district. Evidence of successful completion
of each course and secondary credits granted must be included in the pupil's secondary
school record. A pupil deleted text beginshalldeleted text endnew text begin mustnew text end provide the school with a copy of the pupil's deleted text begingradedeleted text endnew text begin gradesnew text end
in each course taken for secondary credit under this sectionnew text begin, including interim or nonfinal
grades earned during the academic term
new text end. Upon the request of a pupil, the pupil's secondary
school record must also include evidence of successful completion and credits granted for
a course taken for postsecondary credit. In either case, the record must indicate that the
credits were earned at a postsecondary institution.

(e) If a pupil enrolls in a postsecondary institution after leaving secondary school, the
postsecondary institution must award postsecondary credit for any course successfully
completed for secondary credit at that institution. Other postsecondary institutions may
award, after a pupil leaves secondary school, postsecondary credit for any courses
successfully completed under this section. An institution may not charge a pupil for the
award of credit.

(f) The Board of Trustees of the Minnesota State Colleges and Universities and the
Board of Regents of the University of Minnesota must, and private nonprofit and proprietary
postsecondary institutions should, award postsecondary credit for any successfully completed
courses in a program certified by the National Alliance of Concurrent Enrollment Partnerships
offered according to an agreement under subdivision 10. Consistent with section 135A.101,
subdivision 3
, all MnSCU institutions must give full credit to a secondary pupil who
completes for postsecondary credit a postsecondary course or program that is part or all of
a goal area or a transfer curriculum at a MnSCU institution when the pupil enrolls in a
MnSCU institution after leaving secondary school. Once one MnSCU institution certifies
as completed a secondary student's postsecondary course or program that is part or all of a
goal area or a transfer curriculum, every MnSCU institution must consider the student's
course or program for that goal area or the transfer curriculum as completed.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

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


Subd. 3.

Administration.

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

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

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

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

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

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

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

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

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

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

Sec. 10.

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


Subd. 4.

Early childhood program eligibility.

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

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

(2) beginning deleted text beginJuly 1, 2020deleted text endnew text begin when 40 percent of programs eligible for rating under section
124D.142 have received ratings
new text end, have a three- or four-star rating in the quality rating and
improvement system.

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

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

Sec. 11.

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 a
graduation ceremony.
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. 12.

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


125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.

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

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

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

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

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

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

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

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

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 2020 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 2020 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 state Indian Affairs Council
and other ethnic councils along with other community and stakeholder groups, 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

Sec. 2.

Minnesota Statutes 2018, 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 begin11deleted text endnew text begin 13new 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. No member may be reappointed for more than one
additional term.

Sec. 3.

Minnesota Statutes 2018, section 122A.07, subdivision 2, is amended to read:


Subd. 2.

Eligibility; board composition.

Each nominee, 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 beginsixdeleted text end new text beginseven new text endteachers who are currently teaching in a Minnesota school or who were
teaching at the time of the appointment, have at least five years of teaching experience, and
were not serving in an administrative function at a school district or school when appointed.
The deleted text beginsixdeleted text endnew text begin sevennew text end teachers must include the following:

(i) one teacher in a charter school;

(ii) one teacher from the seven-county metropolitan area, as defined in section 473.121,
subdivision 2;

(iii) one teacher from outside the seven-county metropolitan area;

(iv) one teacher from a related service category licensed by the board;

(v) one special education teacher; and

new text begin (vi) two teachers who represent current or emerging trends in education;
new text end

deleted text begin (vi)deleted text endnew text begin (2)new text end one teacher deleted text beginfromdeleted text end new text begineducator currently teaching in new text enda new text beginstate-approved new text endteacher
preparation program;

deleted text begin (2)deleted text endnew text begin (3)new text end one superintendent that alternates each term between a superintendent from the
seven-county metropolitan area, as defined in section 473.121, subdivision 2, and a
superintendent from outside the metropolitan area;

deleted text begin (3)deleted text endnew text begin (4)new text end one school district human resources director;

deleted text begin (4)deleted text endnew text begin (5)new text end one administrator of a cooperative unit under section 123A.24, subdivision 2,
who oversees a special education program;

deleted text begin (5)deleted text endnew text begin (6)new text end one principal that alternates each term between an elementary and a secondary
school principal; and

deleted text begin (6)deleted text endnew text begin (7)new text end one member of the public that may be a current or former school board member.

Sec. 4.

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


Subd. 3.

Term of license and renewal.

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2018, section 122A.182, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) The Professional Educator Licensing and Standards
Board must approve a request from a district or charter school to issue a Tier 2 license in a
specified content area to a candidate if:

(1) the candidate meets the educational or professional requirements in paragraph (b)
or (c);

(2) the candidate:

(i) has completed the coursework required under subdivision 2;

(ii) is enrolled in a deleted text beginMinnesota-approveddeleted text endnew text begin state-approvednew text end teacher preparation program; or

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

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

(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.

(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:

(1) an associate's degree;

(2) a professional certification; or

(3) five years of relevant work experience.

Sec. 6.

Minnesota Statutes 2018, section 122A.182, subdivision 2, is amended to read:


Subd. 2.

Coursework.

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

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

(2) field-specific methods of training, including coursework;

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

(4) a passing score on new text begineither new text endthe pedagogy new text beginexam or performance assessment new text endand new text begina passing
score on
new text endcontent exams under section 122A.185; or

(5) completion of a state-approved teacher preparation program.

(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).

Sec. 7.

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


Subd. 3.

Term of license and renewal.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2018, section 122A.185, subdivision 1, is amended to read:


Subdivision 1.

Tests.

(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.

(b) The board must adopt rules requiring candidates for Tier 3 and Tier 4 licenses to
pass an examination new text beginor performance assessment new text endof general pedagogical knowledge and
examinations of licensure field specific content. The content examination requirement does
not apply if no relevant content exam exists.

(c) Candidates for initial Tier 3 and Tier 4 licenses to teach elementary students must
pass test items assessing the candidates' 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.

(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.

Sec. 9.

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


Subd. 6.

Mental illness.

The Professional Educator Licensing and Standards Board must
adopt rules that require all licensed teachers renewing a deleted text beginTier 3 or Tier 4deleted text end teaching license
under sections deleted text begin122A.183 anddeleted text endnew text begin 122A.181 tonew text end 122A.184deleted text begin, respectively,deleted text end to include in the renewal
requirements at least one hour of suicide prevention best practicesnew text begin trainingnew text end in each licensure
renewal period based on nationally recognized evidence-based programs and practices,
among the continuing education credits required to renew a license under this subdivisiondeleted text begin,
and further preparation, first, in
deleted text endnew text begin. Initial training must includenew text end understanding the key warning
signs of early-onset mental illness in children and adolescentsnew text begin,new text end and deleted text beginthen,deleted text end during subsequent
licensure renewal periods, deleted text beginpreparation maydeleted text endnew text begin training mustnew text end include deleted text beginprovidingdeleted text end a more in-depth
understanding of students' mental illness trauma, accommodations for students' mental
illness, parents' roles in addressing students' mental illness, Fetal Alcohol Spectrum Disorders,
autism, the requirements of section 125A.0942 governing restrictive procedures, and
de-escalation methods, among other similar topics.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2018, 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 beginbe based on professional teaching standards established in rule;deleted text endnew text begin create, adopt,
or revise a rubric of performance standards for teacher practice that must include culturally
responsive methodologies and at least three levels of performance to determine common
descriptions of effectiveness;
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, 2022.
new text end

Sec. 11.

Minnesota Statutes 2018, 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 beginbe based on professional teaching standards established in ruledeleted text endnew text begin create, adopt,
or revise a rubric of performance standards for teacher practice that must include culturally
responsive methodologies and at least three levels of performance to determine common
descriptions of effectiveness
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, 2022.
new text end

Sec. 12. new text beginTEACHER MENTORSHIP WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The Teacher Mentorship Working Group is
established to gather information and design a model teacher mentorship program for use
by school districts.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The Teacher Mentorship Working Group shall consist of the
following members:
new text end

new text begin (1) the commissioner of education or the commissioner's designee;
new text end

new text begin (2) a member appointed by Education Minnesota;
new text end

new text begin (3) a member appointed by the Minnesota School Boards Association;
new text end

new text begin (4) a member appointed by the Minnesota Association of School Administrators;
new text end

new text begin (5) a member appointed by the Minnesota Elementary School Principals' Association;
and
new text end

new text begin (6) a member appointed by the Minnesota Association of Secondary School Principals.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The working group must:
new text end

new text begin (1) identify existing teacher mentorship programs within school districts, including the
number of districts with existing programs;
new text end

new text begin (2) identify uses of two-percent set-aside money by school districts, including the
proportions used for mentorship programs and other categories;
new text end

new text begin (3) develop a model teacher mentorship program, or multiple model programs, for use
by school districts; and
new text end

new text begin (4) report the results of its work to the legislature.
new text end

new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin (a) Each appointing entity under subdivision 2 must make
appointments and notify the commissioner of education by September 1, 2020.
new text end

new text begin (b) The commissioner of education or the commissioner's designee must convene the
initial meeting of the working group no later than October 1, 2020. At the initial meeting,
the members of the working group must elect a chair or cochairs from among the working
group members.
new text end

new text begin (c) Upon request of the working group, the Department of Education must use existing
resources to provide data, information, meeting space, and administrative services to the
working group. The working group may also use legislative staff and staff from any of the
appointing authorities, except the governor's office, to provide information, drafting, and
other support necessary to fulfill its duties.
new text end

new text begin (d) Members of the working group serve without compensation or payment of expenses.
new text end

new text begin Subd. 5. new text end

new text begin Report required. new text end

new text begin No later than November 1, 2021, the working group must
submit a written report describing its work and recommendations to the chairs and ranking
minority members of the legislative committees with jurisdiction over kindergarten through
grade 12 education.
new text end

new text begin Subd. 6. new text end

new text begin Expiration date. new text end

new text begin The working group under this section expires December 31,
2021, or upon submission of the report required under subdivision 5, whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 4

SPECIAL EDUCATION

Section 1.

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


125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

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


Subdivision 1.

Commissioner approval.

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

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 5

HEALTH AND SAFETY

Section 1.

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


Subdivision 1.

Applicability.

new text begin(a) new text endThis section applies only:

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

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

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

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

Sec. 2.

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


new text begin Subd. 4a. new text end

new text begin Unclaimed drugs or medications. new text end

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

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

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

ARTICLE 6

NUTRITION

Section 1.

Minnesota Statutes 2018, section 124D.111, is amended to read:


124D.111 new text beginSCHOOL MEAL POLICY; new text endLUNCH AID; FOOD SERVICE
ACCOUNTING.

Subdivision 1.

School deleted text beginlunch aid computationdeleted text endnew text begin meal policynew text end.

new text begin (a) Each Minnesota
participant in the national school lunch 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 participant 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 participant has placed a meal on a tray or otherwise served the
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 or 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 vendor with its school meal policy if the school contracts with a third
party 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, 2020, must ensure that the third-party provider adheres
to the participant'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 participants
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
participant 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 participant that receives school lunch aid under this section must
make lunch available without chargenew text begin and must not deny a school lunchnew text end to all participating
students who qualify for free or reduced-price mealsnew text begin, whether or not that 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.

new text begin Subd. 5. new text end

new text begin Respectful treatment. new text end

new text begin(a) new text endThe participant must also new text beginprovide meals to students
in a respectful manner according to the policy adopted under subdivision 1. The participant
must
new text endensure that any reminders for payment of outstanding student meal deleted text beginbalancesdeleted text endnew text begin debtnew text end do
not new text beginintentionally new text enddemean deleted text beginordeleted text endnew text begin,new text end stigmatizenew text begin, or humiliatenew text end any child participating in the school
lunch program.new text begin The participant must not impose any other restriction prohibited under
section 123B.37 due to unpaid student meal debt. The participant 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 participant 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 participant. The participant 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, 2020.
new text end

ARTICLE 7

DEPARTMENT OF EDUCATION HOUSEKEEPING

Section 1.

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


new text begin Subd. 4. new text end

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

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

new text begin (b) The school district or charter school must not deny a child from public school
enrollment solely because the child's parent or guardian is unable to provide a birth certificate
record.
new text end

Sec. 2.

Minnesota Statutes 2018, 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 endnew 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 endnew text begin (4)new text end hold a baccalaureate degree; or

deleted text begin (6)deleted text endnew 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. 3.

Minnesota Statutes 2018, 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 new text beginAmerican Indian new text endpupils;

(2) support the academic achievement of American Indian deleted text beginstudentsdeleted text endnew text begin pupilsnew text end;

(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
deleted text begin studentsdeleted text endnew text begin pupilsnew text end 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 beginsupplementaldeleted 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. 4.

Minnesota Statutes 2018, section 124D.78, subdivision 1, is amended to read:


Subdivision 1.

Parent committee.

new text begin(a) new text endSchool 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 (b) 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

new text begin (c)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.

new text begin (d) new text endThe 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 new text beginAmerican Indian new text endstudents served by the programsnew text begin as evidenced by American Indian
education parent advisory committee meeting minutes
new text end.

Sec. 5.

Minnesota Statutes 2018, 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 beginAmerican Indian
new text end children enrolled or eligible to be enrolled in the programs. deleted text beginThe 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. 6.

Minnesota Statutes 2018, section 124D.79, subdivision 2, is amended to read:


Subd. 2.

Technical assistance.

The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end provide technical assistancenew text begin,
which must include 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. 7.

Minnesota Statutes 2018, 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 beginidentified by the state count new text endon 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. 8.

Minnesota Statutes 2018, section 124D.862, subdivision 7, is amended to read:


Subd. 7.

Revenue reserved.

Integration revenue received under this section must be
reserved and used only for the programs authorized in new text beginsection 124D.861, new text endsubdivision 2.

Sec. 9.

Minnesota Statutes 2018, 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 under sections 124D.58 to 124D.64 as though it were
a district.
new text end

Sec. 10.

Minnesota Statutes 2018, 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. 11.

Minnesota Statutes 2018, 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 termdeleted text endnew text begin until the commissioner terminates the organization's ability to
authorize charter schools under subdivision 6, or until 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. 12.

Minnesota Statutes 2018, 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 deleted text beginsection 124E.10,
subdivision 4
deleted text endnew text begin subdivision 6new 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 yeardeleted 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. 13.

Minnesota Statutes 2018, 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 is free to any person who resides within the state of
Minnesota.
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. 14.

Minnesota Statutes 2018, section 124E.13, subdivision 3, is amended to read:


Subd. 3.

Affiliated nonprofit building corporation.

(a) An affiliated nonprofit building
corporation may purchase, expand, or renovate an existing facility to serve as a school or
may construct a new school facility. deleted text beginAdeleted text endnew text begin One local education agencynew text end charter school may
organize an affiliated nonprofit building corporation if the charter school:

(1) has operated for at least six consecutive years;

(2) as of June 30, has a net positive unreserved general fund balance in the preceding
three fiscal years;

(3) has long-range strategic and financial plans that include enrollment projections for
at least five years;

(4) completes a feasibility study of facility options that outlines the benefits and costs
of each option; and

(5) has a plan that describes project parameters and budget.

(b) An affiliated nonprofit building corporation under this subdivision must:

(1) be incorporated under section 317A;

(2) comply with applicable Internal Revenue Service regulations, including regulations
for "supporting organizations" as defined by the Internal Revenue Service;

(3) post on the school website the name, mailing address, bylaws, minutes of board
meetings, and names of the current board of directors of the affiliated nonprofit building
corporation;

(4) submit to the commissioner a copy of its annual audit by December 31 of each year;
and

(5) comply with government data practices law under chapter 13.

(c) An affiliated nonprofit building corporation must not serve as the leasing agent for
property or facilities it does not own. A charter school that leases a facility from an affiliated
nonprofit building corporation that does not own the leased facility is ineligible to receive
charter school lease aid. The state is immune from liability resulting from a contract between
a charter school and an affiliated nonprofit building corporation.

(d) The board of directors of the charter school must ensure the affiliated nonprofit
building corporation complies with all applicable legal requirements. The charter school's
authorizer must oversee the efforts of the board of directors of the charter school to ensure
legal compliance of the affiliated building corporation. A school's board of directors that
fails to ensure the affiliated nonprofit building corporation's compliance violates its
responsibilities and an authorizer must consider that failure when evaluating the charter
school.

Sec. 15.

Minnesota Statutes 2018, section 134.31, subdivision 4a, is amended to read:


Subd. 4a.

Services to people with visual and physical disabilities.

The Minnesota
Department of Education shall provide specialized services to people with visual and physical
disabilities through the Minnesota Braille and Talking Book Library under a cooperative
plan with the National Library deleted text beginServicesdeleted text endnew text begin Servicenew text end for the Blind and deleted text beginPhysically Handicappeddeleted text endnew text begin
Print Disabled
new text end of the Library of Congress.

Sec. 16.

Minnesota Statutes 2018, 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 beginor 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 servicesdeleted text begin,deleted text endnew text begin ornew text end the
Professional Educator Licensing and Standards Boarddeleted 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
servicesdeleted text begin,deleted text endnew text begin ornew text end the Professional Educator Licensing and Standards Boarddeleted 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.

Sec. 17. new text beginREVISOR 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.
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
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