HF 1875

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 04:40pm

A bill for an act
relating to education; providing for American Indian education for all students;
requiring a report; appropriating money; amending Minnesota Statutes 2022,
sections 13.32, subdivision 3; 120B.021, subdivisions 2, 4, by adding a subdivision;
122A.187, by adding a subdivision; 122A.63, by adding a subdivision; 124D.095,
subdivision 2; 124D.73, by adding a subdivision; 124D.74, subdivisions 1, 3, 4,
by adding a subdivision; 124D.76; 124D.78; 124D.79, subdivision 2; 124D.791,
subdivision 4; 124D.81; 144.4165; proposing coding for new law in Minnesota
Statutes, chapters 121A; 124D.

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

Section 1.

Minnesota Statutes 2022, section 13.32, subdivision 3, is amended to read:

Subd. 3.

Private data; when disclosure is permitted.

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

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

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

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

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

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

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

Sec. 2.

Minnesota Statutes 2022, 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:

(1) parents of school-age children and members of the public throughout the state;

(2) 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;

(3) currently serving members of local school boards and charter school boards throughout
the state;

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

(5) representatives of the Minnesota business community deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) representatives from the Tribal Nations Education Committee and Minnesota's Tribal
Nations and communities, including both Anishinaabe and Dakota.
new text end

(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 2022, section 120B.021, subdivision 4, is amended to read:

Subd. 4.

Revisions and reviews required.

(a) The commissioner of education must
revise deleted text begin and appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists into deleted text end the state's academic standards
and graduation requirements and implement a ten-year cycle to review and, consistent with
the review, revise state academic standards and related benchmarks, consistent with this
subdivision. During each ten-year review and revision cycle, the commissioner also must
examine the alignment of each required academic standard and related benchmark with the
knowledge and skills students need for career and college readiness and advanced work in
the particular subject area. The commissioner must include the contributions of Minnesota
American Indian tribes and communities new text begin , including urban Indigenous communities, new text end as
related to the academic standards during the review and revision of the required academic
standards. new text begin The commissioner must embed Indigenous education for all students consistent
with recommendations from Minnesota's Tribal Nations and urban Indigenous communities
regarding the contributions of Minnesota American Indian Tribes and communities into the
state's academic standards during the review and revision of the required academic standards.
The recommendations to embed Indigenous education for all students includes but is not
limited to American Indian experiences in Minnesota, including Tribal histories, Indigenous
languages, sovereignty issues, cultures, treaty rights, governments, socioeconomic
experiences, contemporary issues, and current events.
new text end

(b) The commissioner must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 are aligned with the state academic
standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph (b).
The commissioner must implement a review of the academic standards and related
benchmarks in mathematics beginning in the 2021-2022 school year and every ten years
thereafter.

(c) The commissioner must implement a review of the academic standards and related
benchmarks in arts beginning in the 2017-2018 school year and every ten years thereafter.

(d) The commissioner must implement a review of the academic standards and related
benchmarks in science beginning in the 2018-2019 school year and every ten years thereafter.

(e) The commissioner must implement a review of the academic standards and related
benchmarks in language arts beginning in the 2019-2020 school year and every ten years
thereafter.

(f) The commissioner must implement a review of the academic standards and related
benchmarks in social studies beginning in the 2020-2021 school year and every ten years
thereafter.

(g) The commissioner must implement a review of the academic standards and related
benchmarks in physical education beginning in the 2022-2023 school year and every ten
years thereafter.

(h) School districts and charter schools must revise and align local academic standards
and high school graduation requirements in health, world languages, and career and technical
education to require students to complete the revised standards beginning in a school year
determined by the school district or charter school. School districts and charter schools must
formally establish a periodic review cycle for the academic standards and related benchmarks
in health, world languages, and career and technical education.

Sec. 4.

Minnesota Statutes 2022, section 120B.021, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Indigenous education for all students. new text end

new text begin To support implementation of
Indigenous education for all students, the commissioner must:
new text end

new text begin (1) provide historically accurate, Tribally endorsed, culturally relevant, community-based,
contemporary, and developmentally appropriate resources. Resources to implement standards
must include professional development and must demonstrate an awareness and
understanding of the importance of accurate, high-quality materials about the histories,
languages, cultures, and governments of local Tribes;
new text end

new text begin (2) provide resources to support all students learning about the histories, languages,
cultures, governments, and experiences of their American Indian peers and neighbors.
Resources to implement standards across content areas must be developed to authentically
engage all students and support successful learning; and
new text end

new text begin (3) conduct a needs assessment by December 31, 2023. The needs assessment must fully
inform the development of future resources for Indigenous education for all students by
using information from Minnesota's American Indian Tribes and communities, including
urban Indigenous communities, Minnesota's Tribal Nations Education Committee, schools
and districts, students, and educational organizations. The commissioner must submit a
report on the findings and recommendations from the needs assessment to the chairs and
ranking minority members of legislative committees with jurisdiction over education; to
the American Indian Tribes and communities in Minnesota, including urban Indigenous
communities; and to all schools and districts in the state by February 1, 2024.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

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

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

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

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

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

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

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

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

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

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

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

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

new text begin Subd. 2. new text end

new text begin Prohibition on American Indian mascots. new text end

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

new text begin (b) A public school may seek an exemption to paragraph (a) by submitting a request in
writing to all eleven federally recognized Tribal Nations in Minnesota and to the Tribal
Nations Education Committee. The exemption is denied if any of the eleven Tribal Nations
or the Tribal Nations Education Committee opposes the exemption. A public school whose
exemption is denied must comply with paragraph (a) by September 1 of the following
calendar year after which the exemption request was made.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2024.
new text end

Sec. 6.

Minnesota Statutes 2022, section 122A.187, is amended by adding a subdivision
to read:

new text begin Subdivision 1. new text end

new text begin American Indian history and culture. new text end

new text begin The Professional Educator
Licensing and Standards Board must adopt rules that require all licensed teachers renewing
their license under sections 122A.181 to 122A.184 to include in the renewal requirements
professional development in the cultural heritage and contemporary contributions of
American Indians, with particular emphasis on Minnesota Tribal Nations.
new text end

Sec. 7.

Minnesota Statutes 2022, section 122A.63, is amended by adding a subdivision to
read:

new text begin Subd. 10. new text end

new text begin Minnesota Indian teacher training program account. new text end

new text begin (a) An account is
established in the special revenue fund known as the "Minnesota Indian teacher training
program account."
new text end

new text begin (b) Funds appropriated for the Minnesota Indian teacher training program under this
section must be transferred to the Minnesota Indian teacher training program account in the
special revenue fund.
new text end

new text begin (c) Money in the account is annually appropriated to the commissioner for the Minnesota
Indian teacher training program under this section. Any returned funds are available to be
regranted. Grant recipients may apply to use grant money over a period of up to 60 months.
new text end

new text begin (d) Up to $75,000 annually is appropriated to the commissioner for costs associated with
administering and monitoring the program under this section.
new text end

Sec. 8.

Minnesota Statutes 2022, section 124D.095, subdivision 2, is amended to read:

Subd. 2.

Definitions.

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

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

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

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

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

(e) "Student" deleted text begin is deleted text end new text begin means new text end a Minnesota resident enrolled in a school under section 120A.22,
subdivision 4, new text begin or in a Tribal contract or grant school authorized to receive aid under section
124D.83 new text end in kindergarten through grade 12.

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

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

(h) "Supplemental online learning" means an online learning course taken in place of a
course period at a local district school.

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

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

Sec. 9.

Minnesota Statutes 2022, section 124D.095, subdivision 8, is amended to read:

Subd. 8.

Financial arrangements.

(a) For a student enrolled in an online learning course,
the department must calculate average daily membership and make payments according to
this subdivision.

(b) The initial online learning average daily membership equals 1/12 for each semester
course or a proportionate amount for courses of different lengths. The adjusted online
learning average daily membership equals the initial online learning average daily
membership times .88.

(c) No online learning average daily membership shall be generated if: (1) the student
does not complete the online learning course, or (2) the student is enrolled in online learning
provided by the enrolling district.

(d) Online learning average daily membership under this subdivision for a student
currently enrolled in a Minnesota public school new text begin or in a Tribal contract or grant school
authorized to receive aid under section 124D.83 new text end shall be used only for computing average
daily membership according to section 126C.05, subdivision 19, paragraph (a), clause (2),
and for computing online learning aid according to section 124D.096.

Sec. 10.

Minnesota Statutes 2022, section 124D.73, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin American Indian student. new text end

new text begin "American Indian student" means a student who
identifies as American Indian or Alaska Native, as defined by the state on October 1 of the
previous school year.
new text end

Sec. 11.

Minnesota Statutes 2022, 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 begin American Indian new text end pupils;

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

Sec. 12.

Minnesota Statutes 2022, section 124D.74, subdivision 3, is amended to read:

Subd. 3.

Enrollment of other children; shared time enrollment.

To the extent deleted text begin it is
economically feasible deleted text end new text begin that the unique educational and culturally related academic needs of
American Indian people are met and American Indian student accountability factors are the
same or higher than their non-American Indian peers new text end , a district or participating school may
make provision for the voluntary enrollment of non-American Indian children in the
instructional components of an American Indian education program in order that they may
acquire an understanding of the cultural heritage of the American Indian children for whom
that particular program is designed. However, in determining eligibility to participate in a
program, priority must be given to American Indian children. American Indian children
deleted text begin and other children deleted text end enrolled in an existing nonpublic school system may be enrolled on a
shared time basis in American Indian education programs.

Sec. 13.

Minnesota Statutes 2022, section 124D.74, subdivision 4, is amended to read:

Subd. 4.

Location of programs.

American Indian education programs must be located
in deleted text begin facilities deleted text end new text begin educational settings new text end in which regular classes in a variety of subjects are offered
on a daily basis. Programs may operate on an extended day or extended year basis new text begin , including
school districts, charter schools, and Tribal contract schools that offer virtual learning
environments new text end .

Sec. 14.

Minnesota Statutes 2022, section 124D.74, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin American Indian culture and language classes. new text end

new text begin Any district or participating
school that conducts American Indian education programs under sections 124D.71 to
124D.82, and serves a student population of which: (1) at least five percent of the total
student population meets the state definition of American Indian students; or (2) 100 or
more students enrolled in the district are state-identified American Indian students must
provide American Indian culture and language classes.
new text end

Sec. 15.

Minnesota Statutes 2022, section 124D.76, is amended to read:

124D.76 deleted text begin COMMUNITY COORDINATORS, INDIAN HOME/SCHOOL LIAISONS deleted text end new text begin
AMERICAN INDIAN EDUCATION PROGRAM COORDINATORS new text end ,
PARAPROFESSIONALS.

In addition to employing American Indian language and culture education teachers, each
district or participating school providing programs pursuant to sections 124D.71 to 124D.82
may employ paraprofessionals. Paraprofessionals must not be employed for the purpose of
supplanting American Indian language and culture education teachers.

Any district or participating school deleted text begin which deleted text end new text begin that new text end conducts American Indian education
programs pursuant to sections 124D.71 to 124D.82 must employ one or more full-time or
part-time deleted text begin community coordinators or Indian home/school liaisons if there are deleted text end new text begin dedicated
American Indian education program coordinators in a district with new text end 100 or more
new text begin state-identified new text end American Indian students enrolled in the district. deleted text begin Community coordinators
shall deleted text end new text begin A dedicated American Indian education program coordinator must new text end promote
communication new text begin , new text end understanding, and cooperation between the schools and the community
and deleted text begin shall deleted text end new text begin must new text end visit the homes of children who are to be enrolled in an American Indian
education program in order to convey information about the program.

Sec. 16.

Minnesota Statutes 2022, section 124D.78, is amended to read:

124D.78 PARENT AND COMMUNITY PARTICIPATION.

Subdivision 1.

Parent committee.

deleted text begin School boards and American Indian schools deleted text end new text begin School
districts, charter schools, Tribal contract schools, and the respective school boards new text end must
provide for the maximum involvement of parents of new text begin American Indian new text end children enrolled in
new text begin American Indian new text end education programs, programs for elementary and secondary grades,
special education programs, and support services. Accordingly, deleted text begin the board of a school district deleted text end new text begin
school districts, charter schools, and Tribal contract schools new text end in which there are ten or more new text begin
state-identified new text end American Indian students enrolled deleted text begin and each American Indian school deleted text end must
establish an American Indian deleted text begin education deleted text end Parent Advisory Committee. If a committee whose
membership consists of a majority of parents of American Indian children has been or is
established according to federal, tribal, or other state law, that committee may serve as the
committee required by this section and is subject to, at least, the requirements of this
subdivision and subdivision 2.

The American Indian deleted text begin education deleted text end 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. deleted text begin The school board or American Indian school deleted text end new text begin School districts, charter
schools, and Tribal contract schools new text end must ensure that programs are planned, operated, and
evaluated with the involvement of and in consultation with parents of new text begin the American Indian
new text end students served by the programs.

Subd. 2.

deleted text begin Resolution of concurrence deleted text end new text begin Annual compliance new text end .

Prior to March 1, the deleted text begin school
board or American Indian school must submit to the department a copy of a resolution
adopted by the American Indian education parent advisory committee. deleted text end deleted text begin The copy must be
signed by the chair of the committee and must state whether the committee concurs with
the educational programs for American Indian students offered by the school board or
American Indian school. If the committee does not concur with the educational programs,
the reasons for nonconcurrence and recommendations shall be submitted directly to the
school board with the resolution. By resolution, the board must respond in writing within
60 days, in cases of nonconcurrence, to each recommendation made by the committee and
state its reasons for not implementing the recommendations. deleted text end new text begin American Indian Parent
Advisory Committee must meet to discuss whether or not they concur with the educational
offerings that have been extended by the district to American Indian students. If the
committee finds that the district, charter school, Tribal contract school, and the school board
have been meeting the needs of American Indian students, they issue a vote and resolution
of concurrence. If they find that the needs of American Indian students are not being met,
they issue a vote and resolution of nonconcurrence. The vote and resolution must be presented
to the school board by one or more members of the American Indian Parent Advisory
Committee. The vote is formally reflected on documentation provided by the Department
of Education and must be submitted annually on March 1.
new text end

new text begin If the vote is one of nonconcurrence, the committee must provide written
recommendations for improvement to the school board at the time of the presentation. In
the case of nonconcurrence, the school board is given 60 days in which to respond, in writing,
to the committee's recommendations. The board response must be signed by the entire
school board and submitted to both the American Indian Parent Advisory Committee and
to the Department of Education. The resolution must be accompanied by Parent Advisory
Committee meeting minutes that show they have been appraised by the district on the goals
of the Indian Education Program Plan and the measurement of progress toward those goals.
new text end

Subd. 3.

Membership.

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

Subd. 4.

Alternate committee.

If the organizational membership or the board of directors
of deleted text begin an American Indian school deleted text end new text begin a Tribal contract school new text end consists of parents of children attending
the school, that membership or board may serve also as the American Indian deleted text begin education deleted text end
Parent Advisory Committee.

new text begin Subd. 5. new text end

new text begin State-identified American Indian. new text end

new text begin For the purposes of sections 124D.71 to
124D.82, the number of students who identify as American Indian or Alaska Native, as
defined by the state of Minnesota on October 1 of the previous school year, will be used to
determine the state-identified American Indian student counts for school districts, charter
schools, and Tribal contract schools for the subsequent school year.
new text end

Sec. 17.

Minnesota Statutes 2022, section 124D.79, subdivision 2, is amended to read:

Subd. 2.

Technical assistance.

The commissioner shall provide technical assistance 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, deleted text begin and deleted text end the development of materials for American
Indian education programs new text begin , and the annual report of American Indian student data using
the state count new text end .

Sec. 18.

Minnesota Statutes 2022, section 124D.791, subdivision 4, is amended to read:

Subd. 4.

Duties; powers.

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

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

(2) evaluate the state of American Indian education in Minnesota;

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

(4) advise the commissioner on American Indian education issues, including:

(i) issues facing American Indian students;

(ii) policies for American Indian education;

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

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

(5) propose to the commissioner legislative changes that will improve the quality of
American Indian education;

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

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

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

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

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

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

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

Sec. 19.

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

Sec. 20.

Minnesota Statutes 2022, section 124D.81, is amended to read:

124D.81 AMERICAN INDIAN EDUCATION AID.

Subdivision 1.

Procedures.

A school district, charter school new text begin , cooperative unit as defined
in section 123A.24, subdivision 2 new text end , or American Indian-controlled tribal contract or grant
school enrolling at least 20 American Indian students new text begin identified by the state count new text end on October
1 of the previous school year deleted text begin and operating an American Indian education program according
to section 124D.74 deleted text end is eligible for new text begin American new text end 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.

Subd. 2.

Plans.

To deleted text begin qualify for deleted text end new text begin receive new text end aid, an eligible district, charter school, new text begin cooperative
unit as defined in section 123A.24, subdivision 2, new text end or tribal contract school must develop
and submit a plan for approval by the Indian education director that shall:

(a) Identify the measures to be used to meet the requirements of sections 124D.71 to
124D.82;

(b) Identify the activities, methods and programs to meet the identified educational needs
of the children to be enrolled in the program;

(c) Describe how district goals and objectives as well as the objectives of sections
124D.71 to 124D.82 are to be achieved;

(d) Demonstrate that required and elective courses as structured do not have a
discriminatory effect within the meaning of section 124D.74, subdivision 5;

(e) Describe how each school program will be organized, staffed, coordinated, and
monitored; and

(f) Project expenditures for programs under sections 124D.71 to 124D.82.

Subd. 2a.

American Indian education aid.

(a) The American Indian education aid for
an eligible district new text begin , cooperative unit, new text end or tribal contract school equals the greater of (1) the
sum of deleted text begin $20,000 deleted text end new text begin $40,000 new text end plus the product of deleted text begin $358 deleted text end new text begin $500 new text end times the difference between the
number of American Indian students enrolled on October 1 of the previous school year and
20; or (2) if the district or school received a grant under this section for fiscal year 2015,
the amount of the grant for fiscal year 2015.

(b) Notwithstanding paragraph (a), the American Indian education aid must not exceed
the district new text begin , cooperative unit, new text end or tribal contract school's actual expenditure according to the
approved plan under subdivision 2.

Subd. 3.

Additional requirements.

Each district new text begin or cooperative unit new text end receiving aid under
this section must each year conduct a count of American Indian children in the schools of
the district; test for achievement; identify the extent of other educational needs of the children
to be enrolled in the American Indian education program; and classify the American Indian
children by grade, level of educational attainment, age and achievement. Participating
schools must maintain records concerning the needs and achievements of American Indian
children served.

Subd. 4.

Nondiscrimination; testing.

In accordance with recognized professional
standards, all testing and evaluation materials and procedures utilized for the identification,
testing, assessment, and classification of American Indian children must be selected and
administered so as not to be racially or culturally discriminatory and must be valid for the
purpose of identifying, testing, assessing, and classifying American Indian children.

Subd. 5.

Records.

Participating schools deleted text begin and deleted text end new text begin , new text end districts new text begin , and cooperative units new text end must keep
records and afford access to them as the commissioner finds necessary to ensure that
American Indian education programs are implemented in conformity with sections 124D.71
to 124D.82. Each school district new text begin , cooperative unit, new text end or participating school must keep accurate,
detailed, and separate revenue and expenditure accounts for deleted text begin pilot deleted text end American Indian education
programs funded under this section.

Subd. 6.

Money from other sources.

A district new text begin , cooperative unit, new text end or participating school
providing American Indian education programs shall be eligible to receive moneys for these
programs from other government agencies and from private sources when the moneys are
available.

Subd. 7.

Exceptions.

Nothing in sections 124D.71 to 124D.82 shall be construed as
prohibiting a district new text begin , cooperative unit, new text end or school from implementing an American Indian
education program which is not in compliance with sections 124D.71 to 124D.82 if the
proposal and plan for that program is not funded pursuant to this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2024 and later.
new text end

Sec. 21.

Minnesota Statutes 2022, section 126C.05, subdivision 19, is amended to read:

Subd. 19.

Online learning students.

(a) The average daily membership for a public
school pupil new text begin or a pupil enrolled in a school authorized to receive Tribal contract or grant
aid under section 124D.83 new text end generating online learning average daily membership according
to section 124D.095, subdivision 8, paragraph (b), equals the sum of: (1) the ratio of the
sum of the number of instructional hours the pupil is enrolled in a regular classroom setting
at the enrolling school to the actual number of instructional hours in the school year at the
enrolling school, plus (2) .12 times the initial online learning average daily membership
according to section 124D.095, subdivision 8, paragraph (b).

(b) When the sum of the average daily membership under paragraph (a) and the adjusted
online learning average daily membership under section 124D.095, subdivision 8, paragraph
(b), exceeds the maximum allowed for the student under subdivision 8 or 15, as applicable,
the average daily membership under paragraph (a) shall be reduced by the excess over the
maximum, but shall not be reduced below .12. The adjusted online learning average daily
membership according to section 124D.095, subdivision 8, paragraph (b), shall be reduced
by any remaining excess over the maximum.

Sec. 22.

Minnesota Statutes 2022, section 144.4165, is amended to read:

144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.

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

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

Sec. 23. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

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

new text begin Subd. 2. new text end

new text begin American Indian education aid. new text end

new text begin (a) For American Indian education aid under
Minnesota Statutes, section 124D.81, subdivision 2a:
new text end

	new text begin $ new text end	new text begin $18,460,000 new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin $19,789,000 new text end	new text begin ..... new text end	new text begin 2025 new text end

new text begin (b) The 2024 appropriation includes $1,179,000 for 2023 and $17,281,000 for 2024.
new text end

new text begin (c) The 2025 appropriation includes $1,919,000 for 2024 and $17,870,000 for 2025.
new text end

new text begin Subd. 3. new text end

new text begin Native language revitalization grants to schools. new text end

new text begin (a) For grants to school
districts and charter schools to offer language instruction in Dakota and Anishinaabe
languages or another Indigenous to the United States or Canadian Indigenous language:
new text end

	new text begin $ new text end	new text begin 7,117,000 new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin 7,117,000 new text end	new text begin ..... new text end	new text begin 2025 new text end

new text begin (b) Grant amounts are to be determined based upon the number of schools within a district
implementing language courses. Eligible expenses include costs for teachers, program
supplies, and curricular resources.
new text end

new text begin (c) Any balance in the first year does not cancel and is available in the second year.
new text end

new text begin (d) The base is $7,117,000 in fiscal year 2026 and later.
new text end

new text begin Subd. 4. new text end

new text begin Minnesota Indian teacher training program grants. new text end

new text begin (a) For joint grants to
assist people who are American Indian to become teachers under Minnesota Statutes, section
122A.63:
new text end

	new text begin $ new text end	new text begin 2,210,000 new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin 600,000 new text end	new text begin ..... new text end	new text begin 2025 new text end

new text begin (b) This appropriation is subject to the requirements under Minnesota Statutes, section
122A.63, subdivision 10.
new text end