HF 3401

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 06:45pm

A bill for an act
relating to education; modifying provisions for prekindergarten through grade 12
including general education, education excellence, inclusive and welcoming
schools, health and wellness, teachers, charter schools, nutrition and libraries, early
childhood, career and technical education, postsecondary enrollment options, and
graduation; making administrative updates and technical corrections; requiring
reports; amending Minnesota Statutes 2020, sections 13.32, subdivision 3; 120A.22,
subdivisions 7, 9; 120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 4;
120B.022, subdivision 1; 120B.024, subdivisions 1, 2; 120B.11, subdivisions 1,
2, 9; 120B.12, subdivision 2; 120B.15; 120B.30, subdivisions 1, 1a; 120B.301;
120B.31, subdivision 4; 120B.35, subdivision 3; 120B.36, subdivision 2; 121A.031,
subdivisions 5, 6; 121A.17, subdivision 3; 121A.41, subdivision 10, by adding
subdivisions; 121A.425; 121A.45, subdivision 1; 121A.46, subdivision 4, by
adding a subdivision; 121A.47, subdivisions 2, 14; 121A.53, subdivision 1;
121A.55; 121A.61, subdivisions 1, 3, by adding a subdivision; 122A.181,
subdivision 5; 122A.185, subdivision 1; 122A.40, subdivision 8; 122A.41,
subdivision 5; 123A.09; 123B.04, subdivision 1; 123B.147, subdivision 3; 124D.09,
subdivisions 3, 13; 124D.095, subdivisions 2, 3, 4, 7, by adding a subdivision;
124D.119; 124D.128, subdivision 1; 124D.13, subdivisions 2, 3; 124D.141,
subdivision 2; 124D.15, subdivision 15; 124D.151, subdivisions 2, 5; 124D.16,
subdivision 2; 124D.165, subdivisions 2, 3; 124D.231, subdivision 2; 124D.59,
subdivision 2a; 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, subdivisions 1, 2a, 5, by adding a subdivision; 124D.861,
subdivisions 2, 3, 4; 124D.8957, subdivision 19; 124E.02; 124E.03, subdivision
2, by adding a subdivision; 124E.05, subdivisions 4, 7; 124E.06, subdivisions 1,
4, 5; 124E.11; 124E.12, subdivision 1; 124E.13, subdivisions 1, 3; 124E.16,
subdivision 1; 124E.25, subdivision 1a; 125A.094; 125A.0942, subdivisions 1, 2,
3, 4; 125A.15; 125A.51; 125A.515, subdivision 3; 125A.76, subdivision 2a;
126C.05, subdivision 16; 134.31, subdivisions 1, 4a; 134.32, subdivision 4; 134.34,
subdivision 1; 136A.055; 136A.861, subdivision 2; 144.4165; 256.962, subdivision
3; 256L.05, subdivision 1; Minnesota Statutes 2021 Supplement, sections 124E.05,
subdivision 6; 126C.05, subdivision 3; Laws 2017, First Special Session chapter
5, article 8, section 9, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapters 120B; 121A; 124D; repealing Minnesota Statutes 2020, section
120B.35, subdivision 5.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2020, section 120B.018, subdivision 6, is amended to read:

Subd. 6.

Required standard.

"Required standard" means (1) a statewide adopted
expectation for student learning in the content areas of language arts, mathematics, science,
social studies, physical education, and the arts, or (2) a locally adopted expectation for
student learning in health deleted text begin or the arts deleted text end .

Sec. 2.

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

Subdivision 1.

Required academic standards.

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

(1) language arts;

(2) mathematics;

(3) science;

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

(5) physical education;

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

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

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

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

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

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

Sec. 3.

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

Subdivision 1.

Graduation requirements.

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

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

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

(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th grade
standards in mathematics;

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

(5) three and one-half credits of social studies, encompassing at least United States
history, geography, government and citizenship, world history, and economics sufficient
to satisfy all of the academic standards in social studies;

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

(7) a minimum of seven elective credits.

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

Sec. 4.

Minnesota Statutes 2020, section 120B.11, subdivision 9, is amended to read:

Subd. 9.

Annual evaluation.

(a) The commissioner must identify effective strategies,
practices, and use of resources by districts and school sites in striving for the world's best
workforce. The commissioner must assist districts and sites throughout the state in
implementing these effective strategies, practices, and use of resources.

(b) The commissioner must identify those districts in any consecutive three-year period
not making sufficient progress toward improving teaching and learning for all students,
including English learners with varied needs, consistent with section 124D.59, subdivisions
2 and 2a, and striving for the world's best workforce. The commissioner, in collaboration
with the identified district, may require the district to use up to two percent of its basic
general education revenue per fiscal year during the proximate three school years to
implement commissioner-specified strategies and practices, consistent with paragraph (a),
to improve and accelerate its progress in realizing its goals under this section. In
implementing this section, the commissioner must consider districts' budget constraints and
legal obligations.

(c) The commissioner shall report by deleted text begin January 25 deleted text end new text begin June 30 new text end of each year to the committees
of the legislature having jurisdiction over kindergarten through grade 12 education the list
of school districts that have not submitted their report to the commissioner under subdivision
5 and the list of school districts not achieving their performance goals established in their
plan under subdivision 2.

Sec. 5.

Minnesota Statutes 2020, 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 deleted text begin July 1 deleted text end new text begin April 15 new text end .

(d) The district also must annually report to the commissioner by deleted text begin July 1 deleted text end new text begin April 15 new text end a
summary of the district's efforts to screen and identify students who demonstrate
characteristics of dyslexia using screening tools such as those recommended by the
department's dyslexia specialist. With respect to students screened or identified under
paragraph (a), the report must include:

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

(2) the number of students screened for that reporting year; and

(3) the number of students demonstrating characteristics of dyslexia for that year.

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

Sec. 6.

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

Subd. 1a.

Statewide and local assessments; results.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 7.

Minnesota Statutes 2020, section 120B.301, is amended to read:

120B.301 LIMITS ON LOCAL TESTING.

(a) For students in grades 1 through 6, the cumulative total amount of time spent taking
locally adopted districtwide or schoolwide assessments must not exceed ten hours per school
year. For students in grades 7 through 12, the cumulative total amount of time spent taking
locally adopted districtwide or schoolwide assessments must not exceed 11 hours per school
year. For purposes of this paragraph, international baccalaureate and advanced placement
exams are not considered locally adopted assessments.

(b) A district or charter school is exempt from the requirements of paragraph (a), if the
district or charter school, in consultation with the exclusive representative of the teachers
or other teachers if there is no exclusive representative of the teachers, decides to exceed a
time limit in paragraph (a) and includes the information in the report required under section
120B.11, subdivision 5.

(c) A district or charter school deleted text begin , before the first day of each school year, deleted text end must publish on
its website a comprehensive calendar of standardized tests to be administered in the district
or charter school during that school year. The calendar must provide the rationale for
administering each assessment and indicate whether the assessment is a local option or
required by state or federal law. new text begin The calendar must be published at least one week prior to
any eligible assessments being administered and no later than October 1.
new text end

Sec. 8.

Minnesota Statutes 2020, section 123B.04, subdivision 1, is amended to read:

Subdivision 1.

Definition.

"Education site" means a separate facility new text begin or state-approved
online program new text end . A program within a facility or within a district is an education site if the
school board recognizes it as a site.

Sec. 9.

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

Subd. 2.

Definitions.

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

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

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

(c) "Online learning" is a form of digital learning deleted text begin delivered by an approved online
learning provider under paragraph (d) deleted text end new text begin that occurs when a student learns primarily through
digital delivery of instruction in a location other than a school building new text end .

new text begin (d) "Supplemental online learning" means an online learning course taken in place of a
course period at a local district school provided by a supplemental online learning provider.
new text end

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

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

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

new text begin (h) "Teacher" is a public employee as defined in section 79A.03, subdivision 18,
employed by a charter school or district providing online instruction. The contract of a
teacher employed by a charter school or district must meet the requirements of section
122A.40 or 122A.41 and a charter school must employ or contract with a teacher in
accordance with section 124E.12, subdivision 1. A teacher must perform all duties described
in Minnesota Rules, part 8710.0310, defining teacher of record.
new text end

deleted text begin (g) deleted text end new text begin (i) new text end "Enrolling district" means the school district deleted text begin or deleted text end new text begin , new text end charter school new text begin , American
Indian-controlled Tribal contract or grant school, or nonpublic school new text end in which a student is
enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance.

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

deleted text begin (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.
deleted text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 school year and later.
new text end

Sec. 10.

Minnesota Statutes 2020, section 124D.095, subdivision 3, is amended to read:

Subd. 3.

Authorization; notice; limitations on enrollment.

new text begin (a) An enrolling district
may offer digital learning, blended learning, or online learning as instructional modalities
to enrolled students. Digital learning, blended learning, or online learning do not generate
online learning funds under this section. An enrolling district that offers digital learning,
blended learning, or online learning only to its enrolled students is not subject to the reporting
requirements or review criteria under subdivision 7, unless the enrolling district is a
supplemental online learning provider. A teacher providing instruction via digital learning,
blended learning, or online learning must hold the appropriate Minnesota license as defined
in section 124D.095, subdivision 2, paragraph (h). Digital learning, blended learning, and
online learning courses must be reported and identified in the Minnesota Common Course
Catalog.
new text end

deleted text begin (a) A deleted text end new text begin (b) Any new text end student may apply for deleted text begin full-time deleted text end new text begin supplemental online new text end enrollment in an
approved new text begin supplemental new text end online learning program deleted text begin under section 124D.03 or 124D.08 or
chapter 124E. Notwithstanding sections 124D.03 and 124D.08 and chapter 124E, procedures
for enrolling in supplemental online learning are as provided in this subdivision deleted text end . A student
age 17 or younger must have the written consent of a parent or guardian to apply. deleted text begin No school
district or charter school may prohibit a student from applying to enroll in online learning. deleted text end
In order to enroll in online learning, the student and the student's parents must submit an
application to the new text begin supplemental new text end online learning provider deleted text begin and identify the student's reason
for enrolling deleted text end . An online learning provider that accepts a student under this section must
notify the student and the enrolling district in writing within ten days if the enrolling district
is not the online learning provider. The student and the student's parent must notify the
online learning provider of the student's intent to enroll in online learning within ten days
of being accepted, at which time the student and the student's parent must sign a statement
indicating that they have reviewed the online course or program and understand the
expectations of enrolling in online learning. The online learning provider must use a form
provided by the department to notify the enrolling district of the student's application to
enroll in online learning.

deleted text begin (b) deleted text end new text begin (c) new text end The supplemental online learning notice to the enrolling district when a student
applies to the online learning provider deleted text begin will deleted text end new text begin must new text end include the courses or program, credits to
be awarded, and the start date of the online course or program. An online learning provider
must make available the supplemental online course syllabus to the enrolling district. deleted text begin Within
15 days after the online learning provider makes information in this paragraph available to
the enrolling district, the enrolling district must notify the online provider whether the
student, the student's parent, and the enrolling district agree or disagree that the course meets
the enrolling district's graduation requirements. deleted text end new text begin A supplemental online learning provider
that accepts a student under this section must notify the student and the enrolling district in
writing within ten days if the enrolling district is not the online learning provider. new text end A student
may enroll in a supplemental online learning course up to the midpoint of the enrolling
district's term. deleted text begin The enrolling district may waive this requirement for special circumstances
and with the agreement of the online provider. An online learning course or program that
meets or exceeds a graduation standard or the grade progression requirement of the enrolling
district as described in the provider's online course syllabus meets the corresponding
graduation requirements applicable to the student in the enrolling district. If the enrolling
district does not agree that the course or program meets its graduation requirements, then:
deleted text end

deleted text begin (1) the enrolling district must make available an explanation of its decision to the student,
the student's parent, and the online provider; and
deleted text end

deleted text begin (2) the online provider may make available a response to the enrolling district, showing
how the course or program meets the graduation requirements of the enrolling district.
deleted text end

deleted text begin (c) An online learning provider must notify the commissioner that it is delivering online
learning and report the number of online learning students it accepts and the online learning
courses and programs it delivers.
deleted text end

deleted text begin (d) An online learning provider may limit enrollment if the provider's school board or
board of directors adopts by resolution specific standards for accepting and rejecting students'
applications.
deleted text end

deleted text begin (e) An enrolling district may reduce an online learning student's regular classroom
instructional membership in proportion to the student's membership in online learning
courses.
deleted text end

deleted text begin (f) The online provider must report or make available information on an individual
student's progress and accumulated credit to the student, the student's parent, and the enrolling
district in a manner specified by the commissioner unless the enrolling district and the online
provider agree to a different form of notice and notify the commissioner. The enrolling
district must designate a contact person to help facilitate and monitor the student's academic
progress and accumulated credits towards graduation.
deleted text end

new text begin (d) No school district or charter school may prohibit a student from applying to enroll
in supplemental online learning. An enrolling district that has received notification from a
supplemental online learning provider of student acceptance must notify the online provider
within 15 days whether the student, the student's parent, and the enrolling district agree or
disagree that the proposed course meets the enrolling district's graduation requirements.
The enrolling district may waive this requirement for special circumstances and with the
agreement of the supplemental online provider.
new text end

new text begin (e) The enrolling district must communicate a student's individualized education program
to the supplemental online provider upon accepting the enrollment and must coordinate
services for students with disabilities unless a written agreement exists between the enrolling
district and the supplemental online provider.
new text end

new text begin (f) An online learning course or program that meets or exceeds a graduation standard
or the grade progression requirement of the enrolling district as described in the provider's
online course syllabus meets the corresponding graduation requirements applicable to the
student in the enrolling district. An enrolling district may reduce an online learning student's
regular classroom instructional enrollment in proportion to the student's enrollment in online
learning courses. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. If the enrolling district does not agree that the course
or program meets its graduation requirements, then:
new text end

new text begin (1) the enrolling district must make available an explanation of its decision to the student,
the student's parent, and the online provider; and
new text end

new text begin (2) the online provider may make available a response to the enrolling district showing
how the course or program meets the graduation requirements of the enrolling district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 school year and later.
new text end

Sec. 11.

Minnesota Statutes 2020, section 124D.095, subdivision 4, is amended to read:

Subd. 4.

Online learning parameters.

(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student count toward the graduation and
credit requirements of the enrolling district. deleted text begin The enrolling district must apply the same
graduation requirements to all students, including online learning students, and must continue
to provide nonacademic services to online learning students. deleted text end If a student completes an online
learning course or program that meets or exceeds a graduation standard or the grade
progression requirement at the enrolling district, that standard or requirement is met. deleted text begin The
enrolling district must use the same criteria for accepting online learning credits or courses
as it does for accepting credits or courses for transfer students under section 124D.03,
subdivision 9. The enrolling district may reduce the course schedule of an online learning
student in proportion to the number of online learning courses the student takes from an
online learning provider that is not the enrolling district.
deleted text end

(b) An online learning student may:

(1) enroll in supplemental online learning courses equal to a maximum of 50 percent of
the student's full schedule of courses per term during a single school year and the student
may exceed the supplemental online learning registration limit if the enrolling district permits
supplemental online learning enrollment above the limit, or if the enrolling district and the
online learning provider agree to the instructional services;

(2) complete course work at a grade level that is different from the student's current
grade level; and

(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for paying any tuition or course fees.

(c) An online learning student has the same access to deleted text begin the deleted text end computer hardware and
education software available in a school as all other students in the enrolling district. deleted text begin An
online learning provider must assist an online learning student whose family qualifies for
the education tax credit under section 290.0674 to acquire computer hardware and educational
software for online learning purposes. deleted text end new text begin Online learning students may use the enrolling district's
computer hardware and educational software to access supplemental online courses. Online
learning students may participate in supplemental online courses from a scheduled study
hall or other suitable location in the district in which the student is enrolled if the enrolling
district is able to provide a space and supervision.
new text end

deleted text begin (d) An enrolling district may offer digital learning to its enrolled students. Such digital
learning does not generate online learning funds under this section. An enrolling district
that offers digital learning only to its enrolled students is not subject to the reporting
requirements or review criteria under subdivision 7, unless the enrolling district is a full-time
online learning provider. A teacher with a Minnesota license must assemble and deliver
instruction to enrolled students receiving online learning from an enrolling district. The
delivery of instruction occurs when the student interacts with the computer or the teacher
and receives ongoing assistance and assessment of learning. The instruction may include
curriculum developed by persons other than a teacher holding a Minnesota license.
deleted text end

new text begin (d) An online learning provider must assist an online learning student whose family
qualifies for the education tax credit under section 290.0674 to acquire computer hardware
and educational software for online learning purposes and must provide information about
broadband connectivity options and programs.
new text end

new text begin (e) An online learning provider may limit enrollment if the provider's school board or
board of directors adopts by resolution specific standards for accepting and rejecting students'
applications.
new text end

new text begin (f) An online learning provider must report or make available information on an individual
student's progress and accumulated credit to the student, the student's parent, and the enrolling
district in a manner specified by the commissioner unless the enrolling district and the online
learning provider agree to a different form of reporting and notify the commissioner.
new text end

new text begin (g) An enrolling district must apply the same graduation requirements to all students,
including online learning students, and must continue to provide nonacademic services to
online learning students. An enrolling district must designate a contact person to help
facilitate and monitor the academic progress and accumulated credits toward graduation
for each online learning student enrolled in the district.
new text end

deleted text begin (e) Both full-time and deleted text end new text begin (h) new text end Supplemental online learning providers are subject to the
reporting requirements and review criteria under subdivision 7. deleted text begin A teacher holding a
Minnesota license must assemble and deliver instruction to online learning students. The
delivery of instruction occurs when the student interacts with the computer or the teacher
and receives ongoing assistance and assessment of learning. The instruction may include
curriculum developed deleted text end deleted text begin by persons other than a teacher holding a Minnesota license. deleted text end new text begin A teacher
providing instruction via supplemental online learning must use a curriculum aligned with
standards as described in section 120B.021 and must hold the appropriate Minnesota license
as defined in section 124D.095, subdivision 2, paragraph (h).
new text end

new text begin (i) new text end Unless the commissioner grants a waiver, a teacher providing online learning
instruction must not instruct more than 40 students in any one online learning course or
program.

deleted text begin (f) To enroll in more than 50 percent of the student's full schedule of courses per term
in online learning, the student must qualify to exceed the supplemental online learning
registration limit under paragraph (b) or apply to enroll in an approved full-time online
learning program, consistent with subdivision 3, paragraph (a). Full-time online learning
students may enroll in classes at a local school under a contract for instructional services
between the online learning provider and the school district.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 school year and later.
new text end

Sec. 12.

Minnesota Statutes 2020, section 124D.095, subdivision 7, is amended to read:

Subd. 7.

Department of Education.

(a) The department must review and approve or
disapprove online learning providers new text begin applications new text end within 90 calendar days of receiving an
online learning provider's completed application. The commissioner, using research-based
standards of quality for online learning programs, must review all approved online learning
providers on a cyclical three-year basis. Approved online learning providers annually must
submit program data to, confirm statements of assurances for, and provide program updates
including a current course list to the commissioner.

new text begin (b) An online learning provider must notify the commissioner that it is delivering online
learning and must report the number of online learning students it accepts and the online
learning courses and programs it delivers.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The online learning courses and programs must be rigorous, aligned with state
academic standards, and contribute to grade progression in a single subject. The online
learning provider deleted text begin , other than a digital learning provider offering digital learning to its enrolled
students only under subdivision 4, paragraph (d), deleted text end must give the commissioner written
assurance that: (1) all courses meet state academic standards; and (2) the online learning
curriculum, instruction, and assessment, expectations for actual teacher-contact time or
other student-to-teacher communication, and academic support meet nationally recognized
professional standards and are described as such in an online learning course syllabus that
meets the commissioner's requirements. Once an online learning provider is approved under
this paragraph, all of its online learning course offerings are eligible for payment under this
section unless a course is successfully challenged by an enrolling district or the department
under paragraph deleted text begin (c) deleted text end new text begin (d) new text end .

deleted text begin (c) deleted text end new text begin (d) new text end An enrolling district may challenge the validity of a course offered by an online
learning provider. The department must review such challenges based on the approval
procedures under paragraph deleted text begin (b) deleted text end new text begin (c) new text end . The department may initiate its own review of the
validity of an online learning course offered by an online learning provider.

deleted text begin (d) deleted text end new text begin (e) new text end The department may collect a fee not to exceed $250 for approving online learning
providers or $50 per course for reviewing a challenge by an enrolling district.

deleted text begin (e) deleted text end new text begin (f) new text end The department must develop, publish, and maintain a list of new text begin supplemental new text end online
learning providers that it has reviewed and approved.

deleted text begin (f) deleted text end new text begin (g) new text end The department may review a complaint about an online learning provider, or a
complaint about a provider based on the provider's response to notice of a violation. If the
department determines that an online learning provider violated a law or rule, the department
may:

(1) create a compliance plan for the provider; or

(2) withhold funds from the provider under sections 124D.095, 124E.25, and 127A.42.
The department must notify an online learning provider in writing about withholding funds
and provide detailed calculations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 school year and later.
new text end

Sec. 13.

Minnesota Statutes 2020, section 124D.095, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Crisis online learning. new text end

new text begin (a) "Crisis online learning" means online learning
under this section as the primary mode of instruction for all students in a school building
during a crisis learning period.
new text end

new text begin (b) "Crisis learning period" means a period of time that is the result of an unforeseeable
incident or situation such as a natural disaster, pandemic, or other catastrophic event that
creates an unsafe or untenable in-person learning environment as declared by a school
district or charter school.
new text end

new text begin (c) "Crisis online learning plan" means a plan adopted by a school board or board of
directors that describes the implementation of crisis online learning and how critical
components of education are provided during the crisis learning period. Critical components
of education include but are not limited to nutrition services in accordance with United
States Department of Agriculture regulations, how teachers will be accessible online and
by telephone during regular school hours each crisis online learning day to assist students,
accommodations for students without Internet access or insufficient digital device access
in a household, and accessible options for students with disabilities under chapter 125A and
the Individuals with Disabilities Education Act. A crisis online learning plan may only be
adopted by a school district after consulting with the exclusive representative of the teachers
or by a charter school after consulting with its teachers, and may include up to one
instructional day to prepare for crisis online learning and one instructional day upon the
conclusion of the crisis online learning period, not to exceed four days per school year
without approval from the commissioner. Students and families must be notified of the
crisis online learning plan before the beginning of the school year. Consistent with applicable
labor agreements, districts must utilize available staff who are able to work during the crisis
online learning period.
new text end

new text begin (d) Upon declaring a crisis learning period and providing notice to students and families
at least one day prior to the regular school start time, a school district or charter school may
implement the crisis online learning plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. For
school year 2021-2022 the student and family notification requirement in subdivision 11,
paragraph (c), does not apply.
new text end

Sec. 14.

Minnesota Statutes 2020, section 124D.59, subdivision 2a, is amended to read:

Subd. 2a.

English learner; new text begin limited or new text end interrupted formal education.

Consistent with
subdivision 2, an English learner deleted text begin includes deleted text end new text begin with limited or interrupted formal education is
new text end an English learner deleted text begin with an interrupted formal education who meets three of the following
five requirements: deleted text end new text begin defined by subdivision 2 who has at least two years less schooling than
the English learner's peers when entering school in the United States.
new text end

deleted text begin (1) comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English;
deleted text end

deleted text begin (2) enters school in the United States after grade 6;
deleted text end

deleted text begin (3) has at least two years less schooling than the English learner's peers;
deleted text end

deleted text begin (4) functions at least two years below expected grade level in reading and mathematics;
and
deleted text end

deleted text begin (5) may be preliterate in the English learner's native language.
deleted text end

Sec. 15.

Minnesota Statutes 2020, 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, using the state definition in effect on October
1 of the previous school year.
new text end

Sec. 16.

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

Subd. 2.

Technical assistance.

The commissioner shall provide technical assistance new text begin ,
including 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. 17.

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

Subdivision 1.

Procedures.

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

Sec. 18.

Minnesota Statutes 2020, section 124D.861, subdivision 3, is amended to read:

Subd. 3.

Public engagement; progress report and budget process.

(a) To receive
revenue under section 124D.862, the school board of an eligible district must incorporate
school and district plan components under section 120B.11 into the district's comprehensive
integration plan.

(b) A school board must hold at least one formal annual hearing to publicly report its
progress in realizing the goals identified in its plan. At the hearing, the board must provide
the public with longitudinal data demonstrating district and school progress in reducing the
disparities in student academic performance among the specified categories of students, in
improving students' equitable access to effective and more diverse teachers, and in realizing
racial and economic diversity and integration, consistent with the district plan and the
measures in paragraph (a). At least 30 days before the formal hearing under this paragraph,
the board must post its plan, its preliminary analysis, relevant student performance data,
and other longitudinal data on the district's website. A district must hold one hearing to
meet the hearing requirements of both this section and section 120B.11.

(c) The district must submit a detailed budget to the commissioner by deleted text begin March deleted text end new text begin April new text end 15
in the year before it implements its plan. The commissioner must review, and approve or
disapprove the district's budget by June 1 of that year.

(d) The longitudinal data required under paragraph (b) must be based on student growth
and progress in reading and mathematics, as defined under section 120B.30, subdivision 1,
and student performance data and achievement reports from fully adaptive reading and
mathematics assessments for grades 3 through 7 beginning in the 2015-2016 school year
under section 120B.30, subdivision 1a, and either (i) school enrollment choices, (ii) the
number of world language proficiency or high achievement certificates awarded under
section 120B.022, subdivision 1a, or the number of state bilingual and multilingual seals
issued under section 120B.022, subdivision 1b, or (iii) school safety and students' engagement
and connection at school under section 120B.35, subdivision 3, paragraph (d). Additional
longitudinal data may be based on: students' progress toward career and college readiness
under section 120B.30, subdivision 1; or rigorous coursework completed under section
120B.35, subdivision 3, paragraph (c), clause (2).

Sec. 19.

Minnesota Statutes 2020, section 124D.861, subdivision 4, is amended to read:

Subd. 4.

Timeline and implementation.

A board must approve its plan and submit it
to the department by deleted text begin March deleted text end new text begin April new text end 15. If a district that is part of a multidistrict council applies
for revenue for a plan, the individual district shall not receive revenue unless it ratifies the
plan adopted by the multidistrict council. Each plan has a term of three years. For the
2014-2015 school year, an eligible district under this section must submit its plan to the
commissioner for review by March 15, 2014. For the 2013-2014 school year only, an eligible
district may continue to implement its current plan until the commissioner approves a new
plan under this section.

Sec. 20.

Minnesota Statutes 2020, section 125A.15, is amended to read:

125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.

The responsibility for special instruction and services for a child with a disability
temporarily placed in another district for care and treatment shall be determined in the
following manner:

(a) The district of residence of a child shall be the district in which the child's parent
resides, if living, or the child's guardian. If there is a dispute between school districts
regarding residency, the district of residence is the district designated by the commissioner.

(b) If a district other than the resident district places a pupil for care and treatment, the
district placing the pupil must notify and give the resident district an opportunity to participate
in the placement decision. When an immediate emergency placement of a pupil is necessary
and time constraints foreclose a resident district from participating in the emergency
placement decision, the district in which the pupil is temporarily placed must notify the
resident district of the emergency placement within 15 days. The resident district has up to
five business days after receiving notice of the emergency placement to request an
opportunity to participate in the placement decision, which the placing district must then
provide.

(c) When a child is temporarily placed for care and treatment in a day program located
in another district and the child continues to live within the district of residence during the
care and treatment, the district of residence is responsible for providing transportation to
and from the care and treatment program and an appropriate educational program for the
child. The resident district may establish reasonable restrictions on transportation, except
if a Minnesota court or agency orders the child placed at a day care and treatment program
and the resident district receives a copy of the order, then the resident district must provide
transportation to and from the program unless the court or agency orders otherwise.
Transportation shall only be provided by the resident district during regular operating hours
of the resident district. The resident district may provide the educational program at a school
within the district of residence, at the child's residence, or in the district in which the day
treatment center is located by paying tuition to that district. new text begin If a child's district of residence,
district of open enrollment under section 124D.03, or charter school of enrollment under
section 124E.11 is a state-approved online learning provider under section 124D.095,
subdivision 2, paragraph (d), the child's district of residence may utilize that state-approved
online learning program in fulfilling its educational program responsibility under this section.
new text end

(d) When a child is temporarily placed in a residential program for care and treatment,
the nonresident district in which the child is placed is responsible for providing an appropriate
educational program for the child and necessary transportation while the child is attending
the educational program; and must bill the district of the child's residence for the actual cost
of providing the program, as outlined in section 125A.11, except as provided in paragraph
(e). However, the board, lodging, and treatment costs incurred in behalf of a child with a
disability placed outside of the school district of residence by the commissioner of human
services or the commissioner of corrections or their agents, for reasons other than providing
for the child's special educational needs must not become the responsibility of either the
district providing the instruction or the district of the child's residence. For the purposes of
this section, the state correctional facilities operated on a fee-for-service basis are considered
to be residential programs for care and treatment. new text begin If a child's district of residence, district
of open enrollment under section 124D.03, or charter school of enrollment under section
124E.11 is a state-approved online learning provider under section 124D.095, subdivision
2, paragraph (d), the nonresident district may utilize that state-approved online learning
program in fulfilling its educational program responsibility under this section.
new text end

(e) A privately owned and operated residential facility may enter into a contract to obtain
appropriate educational programs for special education children and services with a joint
powers entity. The entity with which the private facility contracts for special education
services shall be the district responsible for providing students placed in that facility an
appropriate educational program in place of the district in which the facility is located. If a
privately owned and operated residential facility does not enter into a contract under this
paragraph, then paragraph (d) applies.

(f) The district of residence shall pay tuition and other program costs, not including
transportation costs, to the district providing the instruction and services. The district of
residence may claim general education aid for the child as provided by law. Transportation
costs must be paid by the district responsible for providing the transportation and the state
must pay transportation aid to that district.

Sec. 21.

Minnesota Statutes 2020, section 125A.51, is amended to read:

125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES; EDUCATION
AND TRANSPORTATION.

The responsibility for providing instruction and transportation for a pupil without a
disability who has a short-term or temporary physical or emotional illness or disability, as
determined by the standards of the commissioner, and who is temporarily placed for care
and treatment for that illness or disability, must be determined as provided in this section.

(a) The school district of residence of the pupil is the district in which the pupil's parent
or guardian resides. If there is a dispute between school districts regarding residency, the
district of residence is the district designated by the commissioner.

(b) When parental rights have been terminated by court order, the legal residence of a
child placed in a residential or foster facility for care and treatment is the district in which
the child resides.

(c) Before the placement of a pupil for care and treatment, the district of residence must
be notified and provided an opportunity to participate in the placement decision. When an
immediate emergency placement is necessary and time does not permit resident district
participation in the placement decision, the district in which the pupil is temporarily placed,
if different from the district of residence, must notify the district of residence of the
emergency placement within 15 days of the placement. When a nonresident district makes
an emergency placement without first consulting with the resident district, the resident
district has up to five business days after receiving notice of the emergency placement to
request an opportunity to participate in the placement decision, which the placing district
must then provide.

(d) When a pupil without a disability is temporarily placed for care and treatment in a
day program and the pupil continues to live within the district of residence during the care
and treatment, the district of residence must provide instruction and necessary transportation
to and from the care and treatment program for the pupil. The resident district may establish
reasonable restrictions on transportation, except if a Minnesota court or agency orders the
child placed at a day care and treatment program and the resident district receives a copy
of the order, then the resident district must provide transportation to and from the program
unless the court or agency orders otherwise. Transportation shall only be provided by the
resident district during regular operating hours of the resident district. The resident district
may provide the instruction at a school within the district of residence, at the pupil's residence,
new text begin through a state-approved online learning program under section 124D.095, subdivision 2,
paragraph (d), provided by the pupil's resident district, district of open enrollment under
section 124D.03, or charter school of enrollment under section 124E.11, new text end or in the case of a
placement outside of the resident district, in the district in which the day treatment program
is located by paying tuition to that district. The district of placement may contract with a
facility to provide instruction by teachers licensed by the Professional Educator Licensing
and Standards Board.

(e) When a pupil without a disability is temporarily placed in a residential program for
care and treatment, the district in which the pupil is placed must provide instruction for the
pupil and necessary transportation while the pupil is receiving instruction, and in the case
of a placement outside of the district of residence, the nonresident district must bill the
district of residence for the actual cost of providing the instruction for the regular school
year and for summer school, excluding transportation costs. new text begin If a pupil's district of residence,
district of open enrollment under section 124D.03, or charter school of enrollment under
section 124E.11 is a state-approved online learning provider under section 124D.095,
subdivision 2, paragraph (d), the district in which the pupil is placed may utilize that
state-approved online learning program in fulfilling its responsibility to provide instruction
under this section.
new text end

(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or
private homeless shelter, then the district that enrolls the pupil under section 120A.20,
subdivision 2, paragraph (b), shall provide the transportation, unless the district that enrolls
the pupil and the district in which the pupil is temporarily placed agree that the district in
which the pupil is temporarily placed shall provide transportation. When a pupil without a
disability is temporarily placed in a residential program outside the district of residence,
the administrator of the court placing the pupil must send timely written notice of the
placement to the district of residence. The district of placement may contract with a
residential facility to provide instruction by teachers licensed by the Professional Educator
Licensing and Standards Board. For purposes of this section, the state correctional facilities
operated on a fee-for-service basis are considered to be residential programs for care and
treatment.

(g) The district of residence must include the pupil in its residence count of pupil units
and pay tuition as provided in section 123A.488 to the district providing the instruction.
Transportation costs must be paid by the district providing the transportation and the state
must pay transportation aid to that district. For purposes of computing state transportation
aid, pupils governed by this subdivision must be included in the disabled transportation
category if the pupils cannot be transported on a regular school bus route without special
accommodations.

Sec. 22.

Minnesota Statutes 2020, section 125A.515, subdivision 3, is amended to read:

Subd. 3.

Responsibilities for providing education.

(a) The district in which the children's
residential facility is located must provide education services, including special education
if eligible, to all students placed in a facility. new text begin If a child's district of residence, district of open
enrollment under section 124D.03, or charter school of enrollment under section 124E.11
is a state-approved online learning provider under section 124D.095, subdivision 2, paragraph
(d), the district in which the children's residential facility is located may utilize that
state-approved online learning program in fulfilling its education services responsibility
under this section.
new text end

(b) For education programs operated by the Department of Corrections, the providing
district shall be the Department of Corrections. For students remanded to the commissioner
of corrections, the providing and resident district shall be the Department of Corrections.

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

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

Subd. 3.

Private data; when disclosure is permitted.

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

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

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

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

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

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

new text begin (r) with Tribal nations about Tribally enrolled or descendant students so that the Tribal
nation and school district or charter school can support the educational attainment of the
student.
new text end

Sec. 2.

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

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

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

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

(1) multiple and objective criteria; and

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

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

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

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

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

Sec. 3. new text begin NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.
new text end

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

ARTICLE 3

INCLUSIVE AND WELCOMING SCHOOLS

Section 1.

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

Subd. 7.

Education records.

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

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

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

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

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

Sec. 2.

Minnesota Statutes 2020, section 120A.22, subdivision 9, is amended to read:

Subd. 9.

Knowledge and skills.

Instruction must be provided in at least the following
subject areas:

(1) basic communication skills including reading and writing, literature, and fine arts;

(2) mathematics and science;

(3) social studies including history, geography, economics, government, and citizenship;
deleted text begin and
deleted text end

(4) health and physical education deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) ethnic studies.
new text end

Instruction, textbooks, and materials must be in the English language. Another language
may be used pursuant to sections 124D.59 to 124D.61.

Sec. 3.

Minnesota Statutes 2020, 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 ;
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

new text begin (7) youth currently enrolled in kindergarten through grade 12 school districts and charter
schools in Minnesota; and
new text end

new text begin (8) other stakeholders that represent the ethnic, racial, and geographic diversity of
Minnesota, including diversity of gender and sexual orientation, immigrant status, and
religious and linguistic background.
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. 4.

Minnesota Statutes 2020, section 120B.021, subdivision 4, is amended to read:

Subd. 4.

Revisions and reviews required.

(a) The commissioner of education must
revise and appropriately embed new text begin Indigenous education standards that include the contributions
of American Indian Tribes and communities into the state's academic standards and
graduation requirements. These standards must be consistent with recommendations from
the Tribal Nations Education Committee.
new text end

new text begin (b) The commissioner of education must revise and appropriately embed new text end technology
and information literacy standards consistent with recommendations from school media
specialists into 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.

new text begin (c) new text end The commissioner must deleted text begin include the contributions of Minnesota American Indian
tribes and communities as related to the deleted text end new text begin appropriately embed ethnic studies into the state's
new text end academic standards during the review and revision of the required academic standards.

deleted text begin (b) deleted text end new text begin (d) new text end 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.

deleted text begin (c) deleted text end new text begin (e) new text end 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.

deleted text begin (d) deleted text end new text begin (f) new text end 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.

deleted text begin (e) deleted text end new text begin (g) new text end 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.

deleted text begin (f) deleted text end new text begin (h) new text end 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.

deleted text begin (g) deleted text end new text begin (i) new text end The commissioner must implement a review of the academic standards and related
benchmarks in physical education beginning in the deleted text begin 2022-2023 deleted text end new text begin 2026-2027 new text end school year and
every ten years thereafter.

deleted text begin (h) deleted text end new text begin (j) new text end 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. 5.

new text begin [120B.025] ETHNIC STUDIES CURRICULUM.
new text end

new text begin "Ethnic studies curriculum" means the critical and interdisciplinary study of race,
ethnicity, and indigeneity with a focus on the experiences and perspectives of people of
color within and beyond the United States. Ethnic studies curriculum analyzes the ways in
which race and racism have been and continue to be powerful social, cultural, and political
forces, and the connections that race and racism have to the stratification of other groups,
including stratification based on gender, class, sexual orientation, gender identity, and legal
status.
new text end

Sec. 6.

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

Subdivision 1.

Definitions.

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

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

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

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

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

new text begin (e) "Ethnic studies curriculum" means the critical and interdisciplinary study of race,
ethnicity, and indigeneity with a focus on the experiences and perspectives of people of
color within and beyond the United States. Ethnic studies curriculum analyzes the ways in
which race and racism have been and continue to be powerful social, cultural, and political
forces, and the connections that race and racism have to the stratification of other groups,
including stratification based on gender, class, sexual orientation, gender identity, and legal
status.
new text end

Sec. 7.

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

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin (a) A 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 the Tribal Nations Education Committee and the Indian Affairs Council, which
jointly shall have discretion to grant such an exemption. A public school that has a mascot
prohibited by this section must request an exemption by January 1, 2022.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 8.

new text begin [121A.201] MULTI-TIERED SYSTEM OF SUPPORT.
new text end

new text begin The Minnesota Multi-Tiered System of Supports (MnMTSS) is a systemic, continuous
improvement framework for ensuring positive social, emotional, behavioral, developmental,
and academic outcomes for every student. MnMTSS provides access to layered tiers of
culturally and linguistically responsive, evidence-based practices. The MnMTSS framework
relies on the understanding and belief that every student can learn and thrive, and it engages
an anti-racist approach to examining policies and practices and ensuring equitable distribution
of resources and opportunity. This systemic framework requires:
new text end

new text begin (1) design and delivery of culturally and linguistically responsive, effective,
standards-based core instruction in safe, supportive environments inclusive of every student
as a necessary foundation for tiered supports;
new text end

new text begin (2) layered tiers of culturally and linguistically responsive supplemental and intensive
supports to meet each student's needs;
new text end

new text begin (3) developing collective knowledge and experience through engagement in representative
partnerships with students, education professionals, families, and communities;
new text end

new text begin (4) multidisciplinary teams of education professionals that review and use data to prevent
and solve problems, inform instruction and supports, and ensure effective implementation
in partnership with students and families;
new text end

new text begin (5) effective and timely use of meaningful, culturally relevant data disaggregated by
student groups identified in section 121A.031 that includes but is not limited to universal
screening, frequent progress monitoring, implementation fidelity, and multiple qualitative
and quantitative sources; and
new text end

new text begin (6) ongoing professional learning on the MnMTSS systemic framework using anti-racist
approaches to training and coaching.
new text end

Sec. 9.

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

Subd. 10.

new text begin In-school new text end suspension new text begin ; out-of-school suspension new text end .

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later.
new text end

Sec. 10.

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

new text begin Subd. 12. new text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later.
new text end

Sec. 11.

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

new text begin Subd. 13. new text end

new text begin Pupil withdrawal agreement. new text end

new text begin "Pupil withdrawal agreement" means a verbal
or written agreement between a school administrator or district administrator and a pupil's
parent to withdraw a student from the school district to avoid expulsion or exclusion dismissal
proceedings. The duration of the 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 2022-2023 school year and later.
new text end

Sec. 12.

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

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

Subdivision 1.

Disciplinary dismissals prohibited.

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

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

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

new text begin (b) new text end Notwithstanding this subdivision, expulsions and exclusions may be used only after
resources outlined in subdivision 2 have been exhausted, and only in circumstances where
there is an ongoing serious safety threat to the child or others.

Subd. 2.

Nonexclusionary discipline.

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

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

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

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

Sec. 13.

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

Subdivision 1.

Provision of alternative programs.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later.
new text end

Sec. 14.

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

Subd. 4.

new text begin Provision of alternative education services; new text end suspension pending expulsion
or exclusion hearing.

new text begin (a) Alternative education services must be provided to a pupil who
is suspended for more than five consecutive school days.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later.
new text end

Sec. 15.

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

new text begin Subd. 5. new text end

new text begin Minimum education services. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later.
new text end

Sec. 16.

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

Subd. 2.

Written notice.

Written notice of intent to take action shall:

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

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

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

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

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

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

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

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

(3) present evidence; and

(4) confront and cross-examine witnesses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later.
new text end

Sec. 17.

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

Subd. 14.

Admission or readmission plan.

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later.
new text end

Sec. 18.

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

Subdivision 1.

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later.
new text end

Sec. 19.

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

121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education deleted text begin shall deleted text end new text begin must new text end promulgate guidelines to assist each school
board. Each school board deleted text begin shall deleted text end new text begin must new text end establish uniform criteria for dismissal and adopt written
policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies
deleted text begin shall deleted text end new text begin must include nonexclusionary disciplinary policies and practices consistent with section
121A.41, subdivision 12, and must new text end emphasize preventing dismissals through early detection
of problems deleted text begin and shall deleted text end new text begin . The policies must new text end be designed to address students' inappropriate
behavior from recurring.

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

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

new text begin (d) For expulsion and exclusion dismissals and pupil withdrawal agreements as defined
in section 121A.41, subdivision 13:
new text end

new text begin (1) a school district's continuing responsibility includes reviewing the pupil's school
work and grades on a quarterly basis to ensure the pupil is on track for readmission with
the pupil's peers. School districts must communicate on a regular basis with the pupil's
parent or guardian to ensure the pupil is completing the work assigned through the alternative
educational services;
new text end

new text begin (2) a pupil receiving school-based or school-linked mental health services in the district
under section 245.4889 continues to be eligible for those services until the pupil is enrolled
in a new district; and
new text end

new text begin (3) a school district must provide to the pupil's parent or guardian information on
accessing mental health services, including any free or sliding fee providers in the
community. The information must also be posted on the district or charter school website.
new text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later.
new text end

Sec. 20.

Minnesota Statutes 2020, section 121A.61, subdivision 1, is amended to read:

Subdivision 1.

Required policy.

Each school board must adopt a written districtwide
school discipline policy which includes written rules of conduct for students, minimum
consequences for violations of the rules, and grounds and procedures for removal of a student
from class. new text begin The policy must contain the discipline complaint procedure that any member
of the school community may use to file a complaint regarding the application of discipline
policies and seek corrective action. new text end The policy must be developed in consultation with
administrators, teachers, employees, pupils, parents, community members, law enforcement
agencies, county attorney offices, social service agencies, and such other individuals or
organizations as the board determines appropriate. A school site council may adopt additional
provisions to the policy subject to the approval of the school board.

Sec. 21.

Minnesota Statutes 2020, section 121A.61, subdivision 3, is amended to read:

Subd. 3.

Policy components.

The policy must include at least the following components:

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

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

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

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

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

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

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

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

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

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

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

new text begin (l) any procedures determined appropriate for ensuring victims of bullying who respond
with behavior not allowed under the school's behavior policies have access to a remedial
response, consistent with section 121A.031;
new text end

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

deleted text begin (m) deleted text end new text begin (n) new text end procedures for detecting and addressing chemical abuse problems of a student
while on the school premises;

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

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

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

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

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

new text begin (t) a prohibition on the use of exclusionary practices for early learners as defined in
section 121A.425; and
new text end

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

Sec. 22.

Minnesota Statutes 2020, section 121A.61, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Discipline complaint procedure. new text end

new text begin The discipline policy must contain procedures
for students, parents and other guardians, and school staff to file a complaint and seek
corrective action when the requirements of sections 121A.40 to 121A.61, including the
implementation of the local behavior and discipline policies, are not being implemented
appropriately or are being discriminately applied. Each district and school policy implemented
under this section must, at a minimum:
new text end

new text begin (1) provide procedures for communicating this policy including the ability for a parent
to appeal a decision under section 121A.49 that contains explicit instructions for filing the
complaint;
new text end

new text begin (2) provide an opportunity for involved parties to submit additional information related
to the complaint;
new text end

new text begin (3) provide a procedure to begin to investigate complaints within three school days of
receipt, and identify personnel who will manage the investigation and any resulting record
and are responsible for keeping and regulating access to any record;
new text end

new text begin (4) provide procedures for issuing a written determination to the complainant that
addresses each allegation and contains findings and conclusions;
new text end

new text begin (5) if the investigation finds the requirements of sections 121A.40 to 121A.61, including
any local policies that were not implemented appropriately, contain procedures that require
a corrective action plan to correct a student's record and provide relevant staff with training,
coaching, or other accountability practices to ensure appropriate compliance with policies
in the future; and
new text end

new text begin (6) prohibit reprisals or retaliation against any person who asserts, alleges, or reports a
complaint, and provide procedures for applying appropriate consequences for a person who
engages in reprisal or retaliation.
new text end

Sec. 23.

Minnesota Statutes 2020, 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 pursuant to sections 124D.71 to
124D.82 and serves 100 or more state-identified American Indian students enrolled in the
district must provide American Indian culture and language classes.
new text end

Sec. 24.

Minnesota Statutes 2020, 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. 25.

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

124D.78 PARENT AND COMMUNITY PARTICIPATION.

Subdivision 1.

Parent committee.

new text begin School districts, charter schools, Tribal contract
schools, and their respective new text end school boards deleted text begin and American Indian schools deleted 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 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 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 new text begin of each
year new text end , the deleted text begin school board or American Indian school must submit to the department a copy of
a resolution adopted by the deleted text end American Indian deleted text begin education deleted text end Parent Advisory Committee 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 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, the committee must issue a vote and resolution of concurrence. If the
committee finds that the needs of American Indian students are not being met, the committee
must 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 must be formally reflected on documentation provided by
the Department of Education and must be submitted annually on March 1. 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.
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 deleted text end new text begin American Indian community members new text end . deleted text begin A deleted text end new text begin The new text end
majority of each committee must be parents new text begin or guardians new text end of new text begin American Indian new text end children
enrolled or eligible to be enrolled in the programs. deleted text begin The number of parents of American
Indian and non-American Indian children shall reflect approximately the proportion of
children of those groups enrolled in the programs.
deleted text end

Subd. 4.

Alternate committee.

If the organizational membership or the board of directors
of deleted text begin an American Indian deleted text end new text begin a Tribal contract new text end school 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, students who identify as American Indian or Alaska Native, using the state
definition in effect on October 1 of the previous school year, will be used to determine the
state-identified American Indian student counts for districts, charter schools, and Tribal
contract schools for the subsequent school year.
new text end

Sec. 26.

Minnesota Statutes 2020, 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. 27.

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

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

Sec. 28.

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

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

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

Sec. 29.

Minnesota Statutes 2020, section 125A.0942, subdivision 1, is amended to read:

Subdivision 1.

Restrictive procedures plan.

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

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

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

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

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

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

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

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

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

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

(2) an expert in positive behavior strategies;

(3) a special education administrator; and

(4) a general education administrator.

Sec. 30.

Minnesota Statutes 2020, section 125A.0942, subdivision 2, is amended to read:

Subd. 2.

Restrictive procedures.

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

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

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

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

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

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

Sec. 31.

Minnesota Statutes 2020, section 125A.0942, subdivision 3, is amended to read:

Subd. 3.

Physical holding or seclusion.

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

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

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

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

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

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

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

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

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

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

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

(6) the room used for seclusion must:

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

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

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

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

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

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

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

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

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

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

Sec. 32.

Minnesota Statutes 2020, section 125A.0942, subdivision 4, is amended to read:

Subd. 4.

Prohibitions.

The following actions or procedures are prohibited:

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

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

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

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

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

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

(7) withholding regularly scheduled meals or water;

(8) denying access to bathroom facilities;

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

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

new text begin (11) utilizing a restrictive procedure on any child under the age of 5.
new text end

Sec. 33.

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

144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.

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

new text begin (b) new text end Nothing in this section shall prohibit the lighting of tobacco 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 in observance of traditional spiritual
or cultural practices. new text end For purposes of this section, an Indian is a person who is a member
of an Indian tribe as defined in section 260.755, subdivision 12.

ARTICLE 4

HEALTH AND WELLNESS

Section 1.

Minnesota Statutes 2020, section 121A.031, subdivision 5, is amended to read:

Subd. 5.

Safe and supportive schools programming.

(a) deleted text begin Districts and schools are
encouraged to provide developmentally appropriate programmatic instruction to help students
identify, prevent, and reduce prohibited conduct; value diversity in school and society;
develop and improve students' knowledge and skills for solving problems, managing conflict,
engaging in civil discourse, and recognizing, responding to, and reporting prohibited conduct;
and make effective prevention and intervention programs available to students. Upon request,
the school safety technical assistance center under section 127A.052 must assist a district
or school in helping students understand social media and cyberbullying. deleted text end Districts and
schools must establish strategies for creating a positive school climate and use evidence-based
social-emotional learning to prevent and reduce discrimination and other improper conduct.

(b) Districts and schools deleted text begin are encouraged to deleted text end new text begin must new text end :

(1) engage all students in creating a safe and supportive school environment;

(2) partner with parents and other community members to develop and implement
prevention and intervention programs;

(3) engage all students and adults in integrating education, intervention, and other
remedial responses into the school environment;

(4) train student bystanders to intervene in and report incidents of prohibited conduct to
the school's primary contact person;

(5) teach students to advocate for themselves and others;

(6) prevent inappropriate referrals to special education of students who may engage in
prohibited conduct; and

(7) foster student collaborations that foster a safe and supportive school climate.

Sec. 2.

Minnesota Statutes 2020, section 121A.031, subdivision 6, is amended to read:

Subd. 6.

State model policy.

(a) The commissioner, in consultation with the
commissioner of human rights, shall develop and maintain a state model policy. A district
or school that does not adopt and implement a local policy under subdivisions 3 to 5 must
implement and may supplement the provisions of the state model policy. The commissioner
must assist districts and schools under this subdivision to implement the state policy. The
state model policy must:

(1) define prohibited conduct, consistent with this section;

(2) apply the prohibited conduct policy components in this section;

(3) for a child with a disability, whenever an evaluation by an individualized education
program team or a section 504 team indicates that the child's disability affects the child's
social skills development or the child is vulnerable to prohibited conduct because of the
child's disability, the child's individualized education program or section 504 plan may
address the skills and proficiencies the child needs to not engage in and respond to such
conduct; and

(4) encourage violence prevention and character development education programs under
section 120B.232, subdivision 1.

(b) The commissioner shall develop and post departmental procedures for:

(1) periodically reviewing district and school programs and policies for compliance with
this section new text begin , including evidence-based social-emotional learning new text end ;

(2) investigating, reporting, and responding to noncompliance with this section, which
may include an annual review of plans to improve and provide a safe and supportive school
climate; and

(3) allowing students, parents, and educators to file a complaint about noncompliance
with the commissioner.

(c) The commissioner must post on the department's website information indicating that
when districts and schools allow non-curriculum-related student groups access to school
facilities, the district or school must give all student groups equal access to the school
facilities regardless of the content of the group members' speech.

new text begin (d) The commissioner must develop and maintain resources to help a district or school
to implement strategies to create a positive school climate and use evidence-based
social-emotional learning to prevent and reduce discrimination and other improper conduct.
new text end

new text begin (e) The commissioner shall develop and adopt state-level standards for social, emotional,
and cognitive development.
new text end

ARTICLE 5

TEACHERS

Section 1.

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

Subd. 2.

Adopting plans and budgets.

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

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

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

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

(4) strategies for improving instruction, curriculum, and student achievement, including new text begin :
(i) new text end the English and, where practicable, the native language development and the academic
achievement of English learners new text begin ; and (ii) 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
new text begin children from new text end low-income deleted text begin and minority children deleted text end new text begin families, families of color, and American
Indian families new text end are not taught at higher rates than other children by inexperienced, ineffective,
or out-of-field teachers;

(6) education effectiveness practices that integrate high-quality instruction deleted text begin , deleted text end new text begin ; new text end rigorous
curriculum deleted text begin , deleted text end new text begin ; new text end technology deleted text begin , deleted text end new text begin ; inclusive and respectful learning and work environments for all
students, families, and employees; new text end and a collaborative professional culture that deleted text begin develops
and supports deleted text end new text begin retains qualified, racially and ethnically diverse staff effective at working with
diverse students while developing and supporting new text end teacher quality, performance, and
effectiveness; and

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

new text begin [120B.25] CURRICULUM POLICY.
new text end

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

Sec. 3.

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

Subd. 5.

Limitations on license.

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

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

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

Sec. 4.

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

Subdivision 1.

Tests.

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

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

deleted text begin (c) deleted text end new text begin (b) new text end 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.

deleted text begin (d) deleted text end new text begin (c) new text end 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. 5.

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

Subd. 8.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 6.

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

Subd. 5.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 7.

Minnesota Statutes 2020, section 123B.147, subdivision 3, is amended to read:

Subd. 3.

Duties; evaluation.

(a) The principal shall provide administrative, supervisory,
and instructional leadership services, under the supervision of the superintendent of schools
of the district and according to the policies, rules, and regulations of the school board, for
the planning, management, operation, and evaluation of the education program of the building
or buildings to which the principal is assigned.

(b) To enhance a principal's new text begin culturally responsive new text end leadership skills and support and
improve teaching practices, school performance, and student achievement for diverse student
populations, including at-risk students, children with disabilities, English learners, and gifted
students, among others, a district must develop and implement a performance-based system
for annually evaluating school principals assigned to supervise a school building within the
district. The evaluation must be designed to improve teaching and learning by supporting
the principal in shaping the school's professional environment and developing teacher
quality, performance, and effectiveness. The annual evaluation must:

(1) support and improve a principal's instructional leadership, organizational management,
and professional development, and strengthen the principal's capacity in the areas of
instruction, supervision, evaluation, and teacher development;

new text begin (2) support and improve a principal's culturally responsive leadership practices that
create inclusive and respectful teaching and learning environments for all students, families,
and employees;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end include formative and summative evaluations based on multiple measures of
student progress toward career and college readiness;

deleted text begin (3) deleted text end new text begin (4) new text end be consistent with a principal's job description, a district's long-term plans and
goals, and the principal's own professional multiyear growth plans and goals, all of which
must support the principal's leadership behaviors and practices, rigorous curriculum, school
performance, and high-quality instruction;

deleted text begin (4) deleted text end new text begin (5) new text end include on-the-job observations and previous evaluations;

deleted text begin (5) deleted text end new text begin (6) new text end allow surveys to help identify a principal's effectiveness, leadership skills and
processes, and strengths and weaknesses in exercising leadership in pursuit of school success;

deleted text begin (6) deleted text end new text begin (7) new text end use longitudinal data on student academic growth as 35 percent of the evaluation
and incorporate district achievement goals and targets;

deleted text begin (7) deleted text end new text begin (8) new text end be linked to professional development that emphasizes improved teaching and
learning, curriculum and instruction, student learning, new text begin culturally responsive leadership
practices, new text end and a collaborative professional culture; and

deleted text begin (8) deleted text end new text begin (9) new text end for principals not meeting standards of professional practice or other criteria
under this subdivision, implement a plan to improve the principal's performance and specify
the procedure and consequence if the principal's performance is not improved.

The provisions of this paragraph are intended to provide districts with sufficient flexibility
to accommodate district needs and goals related to developing, supporting, and evaluating
principals.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

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

Subd. 2.

Plan implementation; components.

(a) The school board of each eligible
district must formally develop and implement a long-term plan under this section. The plan
must be incorporated into the district's comprehensive strategic plan under section 120B.11.
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.

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

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

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

new text begin (c) The plan must include strategies to make schools' curriculum and learning and work
environments more inclusive and respectful of students' racial and ethnic diversity. The
plan must 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. Program revenues may be used to implement such strategies. 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, participation in cocurricular activities, parent
involvement, and lack of access to racially and ethnically diverse teachers. Plans may include
but are not limited to the following activities that may involve collaboration with or support
from Regional Centers of Excellence:
new text end

new text begin (1) creating opportunities for students, families, staff, and community members who are
of color or who are American Indian to share their experiences in the school setting with
school staff and administration to develop specific proposals for improving school
environments to be more inclusive and respectful toward all students, families, and staff;
new text end

new text begin (2) implementing creative programs for increased parent engagement and improving
relations between home and school;
new text end

new text begin (3) 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;
new text end

new text begin (4) examining and revising curriculum in various subjects to be culturally relevant and
inclusive of various racial and ethnic groups;
new text end

new text begin (5) examining academic and discipline data; examining instructional 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 meals;
new text end

new text begin (6) providing professional development opportunities to learn more about various racial
and ethnic groups' experiences, assets, and issues and developing cross-cultural competence
with knowledge, collaborations, and relationships needed to effectively serve students who
are from diverse racial and ethnic backgrounds; and
new text end

new text begin (7) hiring more cultural liaisons to strengthen relationships with students, families, and
other members of the community.
new text end

deleted text begin (b) deleted text end new text begin (d) 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 end new text begin (e) 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

ARTICLE 6

CHARTER SCHOOLS

Section 1.

Minnesota Statutes 2020, section 124E.02, is amended to read:

124E.02 DEFINITIONS.

(a) For purposes of this chapter, the terms defined in this section have the meanings
given them.

(b) "Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under section 124E.06, subdivision 4, attesting to
its review and approval process before chartering a school.

(c) "Affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person.

new text begin (d) "Charter management organization" means any nonprofit entity that contracts with
a charter school board of directors to provide, manage, or oversee all or substantially all of
the school's educational design or implementation, or the charter school's administrative,
financial, business, or operational functions.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end "Control" means the ability to affect the management, operations, or policy actions
or decisions of a person, whether by owning voting securities, by contract, or otherwise.

new text begin (f) "Education management organization" means any for-profit entity that provides,
manages, or oversees all or substantially all of the educational design or implementation,
or the charter school's administrative, financial, business, or operational functions.
new text end

deleted text begin (e) deleted text end new text begin (g) new text end "Immediate family" means an individual whose relationship by blood, marriage,
adoption, or partnership is no more remote than first cousin.

new text begin (h) "Market need and demand study" means a study that, for the proposed locations of
the school or additional site, includes the following:
new text end

new text begin (1) current and projected demographic information of student populations in the
geographic area;
new text end

new text begin (2) current student enrollment patterns in the geographic area;
new text end

new text begin (3) information on existing schools and types of educational programs currently available;
new text end

new text begin (4) documentation of the plan for outreach to diverse and underrepresented populations;
new text end

new text begin (5) information on the availability of properly zoned and classified facilities; and
new text end

new text begin (6) quantification of existing demand for the new school or site expansion.
new text end

new text begin (i) "Online education service provider" means an organization that provides the online
learning management system, virtual learning environment, or online student management
system and services for the implementation and operation of the online education program.
new text end

deleted text begin (f) deleted text end new text begin (j) new text end "Person" means an individual or entity of any kind.

deleted text begin (g) deleted text end new text begin (k) new text end "Related party" means an affiliate or immediate relative of the other interested
party, an affiliate of an immediate relative who is the other interested party, or an immediate
relative of an affiliate who is the other interested party.

deleted text begin (h) deleted text end new text begin (l) new text end For purposes of this chapter, the terms defined in section 120A.05 have the same
meanings.

Sec. 2.

Minnesota Statutes 2020, section 124E.03, subdivision 2, is amended to read:

Subd. 2.

Certain federal, state, and local requirements.

(a) A charter school shall
meet all federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing standards
and assessments in chapter 120B.

(c) A charter school must comply with the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(d) A charter school is a district for the purposes of tort liability under chapter 466.

(e) A charter school must comply with the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(f) A charter school and charter school board of directors must comply with chapter 181
governing requirements for employment.

(g) A charter school must comply with continuing truant notification under section
260A.03.

(h) A charter school must develop and implement a teacher evaluation and peer review
process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place
students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d).
The teacher evaluation process in this paragraph does not create any additional employment
rights for teachers.

(i) A charter school must adopt a policy, plan, budget, and process, consistent with
section 120B.11, to review curriculum, instruction, and student achievement and strive for
the world's best workforce.

(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act,
sections 121A.40 to 121A.56 new text begin , and section 121A.575 new text end .

Sec. 3.

Minnesota Statutes 2020, section 124E.03, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin English learners. new text end

new text begin A charter school is subject to and must comply with the
Education for English Learners Act, sections 124D.58 to 124D.64 as though it were a district.
new text end

Sec. 4.

Minnesota Statutes 2020, section 124E.05, subdivision 4, is amended to read:

Subd. 4.

Application content.

(a) To be approved as an authorizer, an applicant must
include in its application to the commissioner at least the following:

(1) how the organization carries out its mission by chartering schools;

(2) a description of the capacity of the organization to serve as an authorizer, including
the positions allocated to authorizing duties, the qualifications for those positions, the
full-time equivalencies of those positions, and the financial resources available to fund the
positions;

(3) the application and review process the authorizer uses to decide whether to grant
charters;

(4) the type of contract it arranges with the schools it charters to meet the provisions of
section 124E.10;

(5) the process for overseeing the school, consistent with clause (4), to ensure that the
schools chartered comply with applicable law and rules and the contract;

(6) the criteria and process the authorizer uses to approve applications adding grades or
sites under section 124E.06, subdivision 5;

(7) the process for renewing or terminating the school's charter based on evidence
showing the academic, organizational, and financial competency of the school, including
its success in increasing student achievement and meeting the goals of the charter school
agreement; and

(8) an assurance specifying that the organization is committed to serving as an authorizer
deleted text begin for the full five-year term deleted text end new text begin until the organization formally withdraws as an approved authorizer
under subdivision 7 or the commissioner terminates the organization's ability to authorize
charter schools under subdivision 6 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. 5.

Minnesota Statutes 2021 Supplement, section 124E.05, subdivision 6, is amended
to read:

Subd. 6.

Corrective action.

(a) If, consistent with this chapter, the commissioner finds
that an authorizer has not met the requirements of this chapter, the commissioner may subject
the authorizer to a corrective action plan, which may last no longer than deleted text begin 130 deleted text end new text begin 250 new text end business
days. The commissioner may prohibit an authorizer on a corrective plan from accepting a
transfer application from a charter school new text begin , an application to add grades or sites from a charter
school, new text end and an application to establish a charter school.

(b) The commissioner must notify the authorizer in writing that the authorizer deleted text begin has been deleted text end new text begin
may be new text end placed on a corrective new text begin action new text end plan. The notice must include deleted text begin any deleted text end new text begin the commissioner's new text end
findings deleted text begin that may subject the authorizer to corrective action at the conclusion of the corrective
plan and deleted text end new text begin consistent with paragraph (a). new text end The authorizer then has 15 business days to request
an informal hearing deleted text begin before the commissioner takes corrective action deleted text end . The commissioner
must hold an informal hearing within 15 business days of the request. new text begin The commissioner
must make a determination on placing the authorizer on a corrective action plan within 15
business days of the informal hearing. new text end If the deleted text begin issues identified as the basis for the corrective
action are not resolved at the informal hearing deleted text end new text begin authorizer is placed on a corrective action
plan new text end , the authorizer must make the requested improvements and notify the commissioner
of the improvements within deleted text begin 45 deleted text end new text begin 140 new text end business days. Within 20 business days, the commissioner
must review the changes and notify the authorizer of any remaining issues to be resolved.
An authorizer must address the remaining issues as directed by the commissioner within
20 business days. Within 15 business days, the commissioner must review the changes and
notify the authorizer whether all issues in the corrective new text begin action new text end plan have been resolved.

(c) If the commissioner terminates the authorizer's ability to charter a school, the
commissioner must assist the affected charter school in acquiring a new authorizer. A charter
school board of directors new text begin and a different authorizer new text end may submit to the commissioner a
request deleted text begin to transfer to a new deleted text end new text begin seek a change in new text end authorizer new text begin under section 124E.10, subdivision
5, new text end without the deleted text begin approval or consent deleted text end new text begin mutual agreement new text end of the current authorizer if that
authorizer deleted text begin has been under a corrective action plan for more than 130 business days deleted text end new text begin fails to
meet the terms of a corrective action plan by the specified deadline new text end .

(d) The commissioner may at any time take corrective action against an authorizer,
including terminating an authorizer's ability to charter a school, terminating a contract with
a charter school, and other appropriate sanctions for:

(1) failing to demonstrate the criteria under subdivision 3 under which the commissioner
approved the authorizer;

(2) violating a term of the chartering contract between the authorizer and the charter
school board of directors;

(3) unsatisfactory performance as an approved authorizer;

(4) any good cause shown that gives the commissioner a legally sufficient reason to take
corrective action against an authorizer; or

(5) failing to meet the terms of a corrective action plan by the specified deadline.

Sec. 6.

Minnesota Statutes 2020, section 124E.05, subdivision 7, is amended to read:

Subd. 7.

Withdrawal.

If the governing board of an approved authorizer votes to withdraw
as an approved authorizer for a reason unrelated to any cause under deleted text begin section 124E.10,
subdivision 4 deleted text end new text begin subdivision 6 new text end , the authorizer must notify all its chartered schools and the
commissioner in writing by March 1 of its intent to withdraw as an authorizer on June 30
in the next calendar year deleted text begin , regardless of when the authorizer's five-year term of approval
ends deleted text end . Upon notification of the schools and commissioner, the authorizer must provide a
letter to the school for distribution to families of students enrolled in the school that explains
the decision to withdraw as an authorizer. The commissioner may approve the transfer of
a charter school to a new authorizer under section 124E.10, subdivision 5.

Sec. 7.

Minnesota Statutes 2020, section 124E.06, subdivision 1, is amended to read:

Subdivision 1.

Individuals eligible to organize.

(a) An authorizer, after receiving an
application from a charter school developer, may charter either a licensed teacher under
section 122A.18, subdivision 1, or a group of individuals that includes one or more licensed
teachers under section 122A.18, subdivision 1, to operate a school subject to the
commissioner's approval of the authorizer's affidavit under subdivision 4.

(b) "Application" under this section means the charter school business plan a charter
school developer submits to an authorizer for approval to establish a charter school. This
application must include:

(1) the school developer's:

(i) mission statement;

(ii) school purposes;

(iii) program design;

new text begin (iv) market need and demand study;
new text end

deleted text begin (iv) deleted text end new text begin (v) new text end financial plan;

deleted text begin (v) deleted text end new text begin (vi) new text end governance and management structure; and

deleted text begin (vi) deleted text end new text begin (vii) new text end background and experience; new text begin and
new text end

(2) any other information the authorizer requests deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (3) a "statement of assurances" of legal compliance prescribed by the commissioner.
deleted text end

(c) An authorizer shall not approve an application submitted by a charter school developer
under paragraph (a) if the application does not comply with subdivision 3, paragraph (e),
and section 124E.01, subdivision 1. The commissioner shall not approve an affidavit
submitted by an authorizer under subdivision 4 if the affidavit does not comply with
subdivision 3, paragraph (e), and section 124E.01, subdivision 1.

Sec. 8.

Minnesota Statutes 2020, section 124E.06, subdivision 4, is amended to read:

Subd. 4.

Authorizer's affidavit; approval process.

(a) Before an operator may establish
and operate a school, the authorizer must file an affidavit with the commissioner stating its
intent to charter a school. An authorizer must file a separate affidavit for each school it
intends to charter. An authorizer must file an affidavit at least 14 months before July 1 of
the year the new charter school plans to serve students. The affidavit must state:

(1) the terms and conditions under which the authorizer would charter a school new text begin , including
the market need and demand study new text end ; and

(2) how the authorizer intends to oversee:

(i) the fiscal and student performance of the charter school; and

(ii) compliance with the terms of the written contract between the authorizer and the
charter school board of directors under section 124E.10, subdivision 1.

(b) The commissioner must approve or disapprove the authorizer's affidavit within 60
business days of receiving the affidavit. If the commissioner disapproves the affidavit, the
commissioner shall notify the authorizer of the deficiencies in the affidavit and the authorizer
then has 20 business days to address the deficiencies. The commissioner must notify the
authorizer of the commissioner's final approval or final disapproval within 15 business days
after receiving the authorizer's response to the deficiencies in the affidavit. If the authorizer
does not address deficiencies to the commissioner's satisfaction, the commissioner's
disapproval is final. An authorizer who fails to obtain the commissioner's approval is
precluded from chartering the school that is the subject of this affidavit.

Sec. 9.

Minnesota Statutes 2020, section 124E.06, subdivision 5, is amended to read:

Subd. 5.

Adding grades or sites.

(a) A charter school may apply to the authorizer to
amend the school charter to add grades or primary enrollment sites beyond those defined
in the original affidavit approved by the commissioner. After approving the school's
application, the authorizer shall submit a supplemental affidavit in the form and manner
prescribed by the commissioner. The authorizer must file a supplemental affidavit to the
commissioner by October 1 to be eligible to add grades or sites in the next school year. The
supplemental affidavit must document to the authorizer's satisfaction:

(1) the need for the additional grades or sites with supporting long-range enrollment
projections;

(2) a longitudinal record of student academic performance and growth on statewide
assessments under chapter 120B or on other academic assessments that measure longitudinal
student performance and growth approved by the charter school's board of directors and
agreed upon with the authorizer;

(3) a history of sound school finances and a plan to add grades or sites that sustains the
school's finances; deleted text begin and
deleted text end

(4) board capacity to administer and manage the additional grades or sites deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) for a site expansion, the market need and demand study.
new text end

(b) The commissioner shall have 30 business days to review and comment on the
supplemental affidavit. The commissioner shall notify the authorizer in writing of any
deficiencies in the supplemental affidavit and the authorizer then has 20 business days to
address any deficiencies in the supplemental affidavit to the commissioner's satisfaction.
The commissioner must notify the authorizer of final approval or final disapproval within
15 business days after receiving the authorizer's response to the deficiencies in the affidavit.
The school may not add grades or sites until the commissioner has approved the supplemental
affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.

Sec. 10.

Minnesota Statutes 2020, section 124E.11, is amended to read:

124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.

(a) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), may limit admission to:

(1) pupils within an age group or grade level;

(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or

(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.

(b) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), shall enroll an eligible pupil who
submits a timely application, unless the number of applications exceeds the capacity of a
program, class, grade level, or building. In this case, pupils must be accepted by lot. The
charter school must develop and publish, including on its website, a lottery policy and
process that it must use when accepting pupils by lot.

(c) new text begin Admission to a charter school is free to any person who resides within the state of
Minnesota and Minnesota students have enrollment preference over out-of-state residents.
new text end 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. deleted text begin 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.
deleted text end

(d) 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) new text begin , and section 124D.02, subdivision 1 new text end .

(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 new text begin , except that children currently enrolled in the school's
fee-based preschool or prekindergarten program under section 124E.06, subdivision 3,
paragraph (b), who are eligible to enroll in kindergarten in the next school year must apply
for entry into kindergarten according to the provisions of this section new text end . new text begin Out-of-state residents
must annually apply to and be admitted by the school according to the provisions of this
section.
new text end

(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. 11.

Minnesota Statutes 2020, section 124E.12, subdivision 1, is amended to read:

Subdivision 1.

Teachers.

A charter school must employ new text begin necessary teachers new text end or contract
with new text begin a cooperative formed under chapter 308A to provide new text end necessary teachers, as defined
by section deleted text begin 122A.15, subdivision 1 deleted text end new text begin 122A.06, subdivision 2 new text end , who hold valid licenses to
perform the particular service for which they are employed in the school. The commissioner
may reduce the charter school's state aid under section 127A.43 if the school employs a
teacher who is not appropriately licensed or approved by the Professional Educator Licensing
and Standards Board. The school may employ necessary employees who are not required
to hold teaching licenses to perform duties other than teaching and may contract for other
services. The school may discharge teachers and nonlicensed employees. The charter school
board is subject to section 181.932 governing whistle-blowers. When offering employment
to a prospective employee, a charter school must give that employee a written description
of the terms and conditions of employment and the school's personnel policies.

Sec. 12.

Minnesota Statutes 2020, section 124E.13, subdivision 1, is amended to read:

Subdivision 1.

Leased space.

A charter school may lease space from: an independent
or special school board; other public organization; private, nonprofit, nonsectarian
organization; private property owner; or a sectarian organization new text begin ; and new text end if the leased space is
new text begin owned by the lessor and is new text end constructed as a school facility. The commissioner must review
and approve or disapprove leases in a timely manner to determine eligibility for lease aid
under section 124E.22.

Sec. 13.

Minnesota Statutes 2020, 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 begin A deleted text end new text begin One new text end charter school may organize an affiliated
nonprofit building corporation new text begin that serves only that charter school new text end 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 deleted text begin or deleted text end new text begin and new text end facilities it does not own. A charter school that leases new text begin property and new text end a facility
from an affiliated nonprofit building corporation that does not own the leased deleted text begin facility deleted text end new text begin property
and building new text end 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. 14.

Minnesota Statutes 2020, section 124E.16, subdivision 1, is amended to read:

Subdivision 1.

Audit report.

(a) A charter school is subject to the same financial audits,
audit procedures, and audit requirements as a district, except as required under this
subdivision. Audits must be conducted in compliance with generally accepted governmental
auditing standards, the federal Single Audit Act, if applicable, and section 6.65 governing
auditing procedures. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06 governing government property
and financial investments; and sections 471.38; 471.391; 471.392; and 471.425 governing
municipal contracting. The audit must comply with the requirements of sections 123B.75
to 123B.83 governing school district finance, except when the commissioner and authorizer
approve a deviation made necessary because of school program finances. The commissioner,
state auditor, legislative auditor, or authorizer may conduct financial, program, or compliance
audits. A charter school in statutory operating debt under sections 123B.81 to 123B.83 must
submit a plan under section 123B.81, subdivision 4.

(b) The charter school must submit an audit report to the commissioner and its authorizer
annually by December 31. new text begin The charter school's charter management organization or
educational management organization must submit an audit report to the commissioner
annually by December 31.
new text end

(c) The charter school, with the assistance of the auditor conducting the audit, must
include with the report, as supplemental information: (1) a copy of management agreements
with a charter management organization or an educational management organization and
(2) service agreements or contracts over the lesser of $100,000 or ten percent of the school's
most recent annual audited expenditures. The agreements must detail the terms of the
agreement, including the services provided and the annual costs for those services. If the
entity that provides the professional services to the charter school is exempt from taxation
under section 501 of the Internal Revenue Code of 1986, that entity must file with the
commissioner by February 15 a copy of the annual return required under section 6033 of
the Internal Revenue Code of 1986.

(d) A charter school independent audit report shall include audited financial data of an
affiliated building corporation under section 124E.13, subdivision 3, or other component
unit.

(e) If the audit report finds that a material weakness exists in the financial reporting
systems of a charter school, the charter school must submit a written report to the
commissioner explaining how the charter school will resolve that material weakness. An
auditor, as a condition of providing financial services to a charter school, must agree to
make available information about a charter school's financial audit to the commissioner and
authorizer upon request.

Sec. 15.

Minnesota Statutes 2020, section 124E.25, subdivision 1a, is amended to read:

Subd. 1a.

School closures; payments.

(a) Notwithstanding subdivision 1 and section
127A.45, for a charter school ceasing operation on or before June 30, for the payment periods
occurring after the school ceases serving students, the commissioner shall withhold the
estimated state aid owed the school. The charter school board of directors and authorizer
must submit to the commissioner a closure plan under chapter deleted text begin 308A or deleted text end 317A, and financial
information about the school's liabilities and assets. After receiving the closure plan, financial
information, an audit of pupil counts, and documented lease expenditures from the charter
school and monitoring special education expenditures, the commissioner may release cash
withheld and may continue regular payments up to the current year payment percentages
if further amounts are owed. If, based on audits and monitoring, the school received state
aid in excess of the amount owed, the commissioner shall retain aid withheld sufficient to
eliminate the aid overpayment.

(b) For a charter school ceasing operations before or at the end of a school year,
notwithstanding section 127A.45, subdivision 3, the commissioner may make preliminary
final payments after the school submits the closure plan, an audit of pupil counts, documented
lease expenditures, and Uniform Financial Accounting and Reporting Standards (UFARS)
financial data and the commissioner monitors special education expenditures for the final
year of operation. The commissioner may make the final payment after receiving audited
financial statements under section 123B.77, subdivision 3.

(c) Notwithstanding sections 317A.701 to 317A.791, after closing a charter school and
satisfying creditors, remaining cash and investment balances shall be returned by the
commissioner to the state general fund.

ARTICLE 7

NUTRITION AND LIBRARIES

Section 1.

Minnesota Statutes 2020, section 124D.119, is amended to read:

124D.119 SUMMER FOOD SERVICE deleted text begin REPLACEMENT AID deleted text end new text begin PROGRAM AND
CHILD AND ADULT CARE FOOD PROGRAM new text end .

new text begin Subdivision 1. new text end

new text begin Summer Food Service Program replacement aid. new text end

deleted text begin States deleted text end new text begin State new text end funds
are available to compensate department-approved Summer Food new text begin Service new text end Program sponsors.
Reimbursement shall be made on December 15 based on total meals served by each sponsor
from the end of the school year to the beginning of the next school year on a pro rata basis.

new text begin Subd. 2. new text end

new text begin Child and Adult Care Food Program and Summer Food Service Program
sponsor organizations. new text end

new text begin Legally distinct Child and Adult Care Food Program and Summer
Food Service Program sites may transfer sponsoring organizations no more than once per
year, except under extenuating circumstances including termination of the sponsoring
organization's agreement or other circumstances approved by the Department of Education.
new text end

new text begin Subd. 3. new text end

new text begin Child and Adult Care Food Program and Summer Food Service Program
training. new text end

new text begin Prior to applying to sponsor a Child and Adult Care Food Program or Summer
Food Service Program site, a nongovernmental organization applicant must provide
documentation to the Department of Education verifying that staff members have completed
program-specific training as designated by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Summer Food Service Program locations. new text end

new text begin Consistent with Code of Federal
Regulations, title 7, section 225.6(d)(1)(ii), the Department of Education must not approve
a new Summer Food Service Program open site that is within a half-mile radius of an existing
Summer Food Service Program open site, except the department may approve a new Summer
Food Service Program open site within a half-mile radius if the new program will not be
serving the same group of children for the same meal type.
new text end

Sec. 2.

new text begin [124D.901] SCHOOL LIBRARIES AND MEDIA CENTERS.
new text end

new text begin A school district or charter school library or school library media center provides equitable
and free access to students, teachers, and administrators. A school library or school library
media center is defined as having the following characteristics:
new text end

new text begin (1) ensures every student has equitable access to resources and is able to locate, access,
and use resources that are organized and cataloged;
new text end

new text begin (2) has a collection development plan that includes but is not limited to materials selection
and de-selection, a challenged materials procedure, and an intellectual and academic freedom
statement;
new text end

new text begin (3) is housed in a central location that provides an environment for expanded learning
and supports a variety of student interests;
new text end

new text begin (4) has technology and Internet access; and
new text end

new text begin (5) is served by a licensed school library media specialist or licensed school librarian.
new text end

Sec. 3.

Minnesota Statutes 2020, section 134.31, subdivision 1, is amended to read:

Subdivision 1.

Library service.

The state shall, as an integral part of its responsibility
for public education, support the provision of library service for every deleted text begin citizen deleted text end new text begin resident new text end , the
development of cooperative programs for the sharing of resources and services among all
libraries, and the establishment of jointly operated library services at a single location where
appropriate.

Sec. 4.

Minnesota Statutes 2020, 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 begin Services deleted text end new text begin Service new text end for the Blind and deleted text begin Physically Handicapped
of the Library of Congress deleted text end new text begin Print Disabled new text end .

Sec. 5.

Minnesota Statutes 2020, section 134.32, subdivision 4, is amended to read:

Subd. 4.

Special project grants.

It may provide special project grants to assist innovative
and experimental library programs including, but not limited to, special services for American
Indians and deleted text begin the Spanish-speaking deleted text end new text begin English language learners new text end , delivery of library materials
to homebound persons, other extensions of library services to persons without access to
libraries and projects to strengthen and improve library services.

Sec. 6.

Minnesota Statutes 2020, section 134.34, subdivision 1, is amended to read:

Subdivision 1.

Local support levels.

(a) Regional library basic system support aid shall
be provided to any regional public library system where there are at least three participating
counties and where each participating city and county is providing for public library service
support the lesser of (a) an amount equivalent to .82 percent of the average of the adjusted
net tax capacity of the taxable property of that city or county, as determined by the
commissioner of revenue for the second, third, and fourth year preceding that calendar year
or (b) a per capita amount calculated under the provisions of this subdivision. The per capita
amount is established for calendar year 1993 as $7.62. In succeeding calendar years, the
per capita amount shall be increased by a percentage equal to one-half of the percentage by
which the total state adjusted net tax capacity of property as determined by the commissioner
of revenue for the second year preceding that calendar year increases over that total adjusted
net tax capacity for the third year preceding that calendar year.

(b) The minimum level of support specified under this subdivision or subdivision 4 shall
be certified annually to the participating cities and counties by the Department of Education.
If a city or county chooses to reduce its local support in accordance with subdivision 4,
paragraph (b) or (c), it shall notify its regional public library system. The regional public
library system shall notify the Department of Education that a revised certification is required.
The revised minimum level of support shall be certified to the city or county by the
Department of Education.

(c) A city which is a part of a regional public library system shall not be required to
provide this level of support if the property of that city is already taxable by the county for
the support of that regional public library system. In no event shall the Department of
Education require any city or county to provide a higher level of support than the level of
support specified in this section in order for a system to qualify for regional library basic
system support aid. This section shall not be construed to prohibit a city or county from
providing a higher level of support for public libraries than the level of support specified
in this section.

new text begin (d) The amounts required to be expended under this section are subject to the reduced
maintenance of effort requirements in section 275.761.
new text end

ARTICLE 8

EARLY CHILDHOOD

Section 1.

Minnesota Statutes 2020, section 121A.17, subdivision 3, is amended to read:

Subd. 3.

Screening program.

(a) A screening program must include at least the following
components: developmental assessments, new text begin which may include parent report developmental
screening instruments if the parent or child is unable to complete the screening in person
due to an immunocompromised status or other health concern; new text end hearing and vision screening
or referral deleted text begin , deleted text end new text begin ; new text end immunization review and referral deleted text begin , deleted text end new text begin ; new text end the child's height and weight deleted text begin , deleted text end new text begin ; new text end the date of
the child's most recent comprehensive vision examination, if any deleted text begin , deleted text end new text begin ; new text end identification of risk
factors that may influence learning deleted text begin , deleted text end new text begin ; new text end an interview with the parent about the child deleted text begin , deleted text end new text begin ; new text end and
referral for assessment, diagnosis, and treatment when potential needs are identified. The
district and the person performing or supervising the screening must provide a parent or
guardian with clear written notice that the parent or guardian may decline to answer questions
or provide information about family circumstances that might affect development and
identification of risk factors that may influence learning. The notice must state "Early
childhood developmental screening helps a school district identify children who may benefit
from district and community resources available to help in their development. Early childhood
developmental screening includes a vision screening that helps detect potential eye problems
but is not a substitute for a comprehensive eye exam." The notice must clearly state that
declining to answer questions or provide information does not prevent the child from being
enrolled in kindergarten or first grade if all other screening components are met. If a parent
or guardian is not able to read and comprehend the written notice, the district and the person
performing or supervising the screening must convey the information in another manner.
The notice must also inform the parent or guardian that a child need not submit to the district
screening program if the child's health records indicate to the school that the child has
received comparable developmental screening performed within the preceding 365 days by
a public or private health care organization or individual health care provider. The notice
must be given to a parent or guardian at the time the district initially provides information
to the parent or guardian about screening and must be given again at the screening location.

(b) All screening components shall be consistent with the standards of the state
commissioner of health for early developmental screening programs. A developmental
screening program must not provide laboratory tests or a physical examination to any child.
The district must request from the public or private health care organization or the individual
health care provider the results of any laboratory test or physical examination within the 12
months preceding a child's scheduled screening. For the purposes of this section,
"comprehensive vision examination" means a vision examination performed by an optometrist
or ophthalmologist.

(c) If a child is without health coverage, the school district must refer the child to an
appropriate health care provider.

(d) A board may offer additional components such as nutritional, physical and dental
assessments, review of family circumstances that might affect development, blood pressure,
laboratory tests, and health history.

(e) If a statement signed by the child's parent or guardian is submitted to the administrator
or other person having general control and supervision of the school that the child has not
been screened because of conscientiously held beliefs of the parent or guardian, the screening
is not required.

Sec. 2.

Minnesota Statutes 2020, section 124D.13, subdivision 2, is amended to read:

Subd. 2.

Program requirements.

(a) Early childhood family education programs are
programs for children in the period of life from birth to kindergarten, for the parents and
other relatives of these children, new text begin for adults who provide child care, new text end and for expectant parents.
To the extent that funds are insufficient to provide programs for all children, early childhood
family education programs should emphasize programming for a child from birth to age
three and encourage parents and other relatives to involve four- and five-year-old children
in school readiness programs, and other public and nonpublic early learning programs. A
district may not limit participation to school district residents. Early childhood family
education programs must provide:

(1) programs to educate parents deleted text begin and deleted text end new text begin , new text end other relatives new text begin , and caregivers new text end about the physical,
cognitive, social, and emotional development of children and to enhance the skills of parents
and other relatives in providing for their children's learning and development;

(2) structured learning activities requiring interaction between children and their parents
deleted text begin or deleted text end new text begin , other new text end relatives new text begin , and caregivers new text end ;

(3) structured learning activities for children that promote children's development and
positive interaction with peers, which are held while parents deleted text begin or deleted text end new text begin , other new text end relatives new text begin , and caregivers new text end
attend parent education classes;

(4) information on related community resources;

(5) information, materials, and activities that support the safety of children, including
prevention of child abuse and neglect;

(6) a community needs assessment that identifies new and underserved populations,
identifies child and family risk factors, particularly those that impact children's learning and
development, and assesses family and parenting education needs in the community;

(7) programming and services that are tailored to the needs of families and parents
prioritized in the community needs assessment; and

(8) information about and, if needed, assist in making arrangements for an early childhood
health and developmental screening under sections 121A.16 and 121A.17, when the child
nears the third birthday.

Early childhood family education programs should prioritize programming and services
for families and parents identified in the community needs assessment, particularly those
families and parents with children with the most risk factors birth to age three.

Early childhood family education programs are encouraged to provide parents of English
learners with translated oral and written information to monitor the program's impact on
their children's English language development, to know whether their children are progressing
in developing their English and native language proficiency, and to actively engage with
and support their children in developing their English and native language proficiency.

The programs must include learning experiences for children, parents, deleted text begin and deleted text end other relatives new text begin ,
and caregivers new text end that promote children's early literacy and, where practicable, their native
language skills and activities for children that require substantial involvement of the children's
parents or other relatives. The program may provide parenting education programming or
services to anyone identified in the community needs assessment. Providers must review
the program periodically to assure the instruction and materials are not racially, culturally,
or sexually biased. The programs must encourage parents to be aware of practices that may
affect equitable development of children.

(b) For the purposes of this section, "relative" or "relatives" means noncustodial
grandparents or other persons related to a child by blood, marriage, adoption, or foster
placement, excluding parents.

Sec. 3.

Minnesota Statutes 2020, section 124D.13, subdivision 3, is amended to read:

Subd. 3.

Substantial parental involvement.

The requirement of substantial parental
deleted text begin or deleted text end new text begin , new text end other relative new text begin , or caregiver new text end involvement in subdivision 2 means that:

deleted text begin (a) deleted text end new text begin (1) new text end parents deleted text begin or deleted text end new text begin , new text end other relatives new text begin , or caregivers new text end must be physically present much of the
time in classes with their children or be in concurrent classes;

deleted text begin (b) deleted text end new text begin (2) new text end parenting education or family education must be an integral part of every early
childhood family education program;

deleted text begin (c) deleted text end new text begin (3) new text end early childhood family education appropriations must not be used for traditional
day care or nursery school, or similar programs; and

deleted text begin (d) deleted text end new text begin (4) new text end the form of parent involvement common to kindergarten, elementary school, or
early childhood special education programs such as parent conferences, newsletters, and
notes to parents do not qualify a program under subdivision 2.

Sec. 4.

Minnesota Statutes 2020, section 124D.141, subdivision 2, is amended to read:

Subd. 2.

Additional duties.

The following duties are added to those assigned to the
council under federal law:

(1) make recommendations on the most efficient and effective way to leverage state and
federal funding streams for early childhood and child care programs;

deleted text begin (2) make recommendations on how to coordinate or colocate early childhood and child
care programs in one state Office of Early Learning. The council shall establish a task force
to develop these recommendations. The task force shall include two nonexecutive branch
or nonlegislative branch representatives from the council; six representatives from the early
childhood caucus; two representatives each from the Departments of Education, Human
Services, and Health; one representative each from a local public health agency, a local
county human services agency, and a school district; and two representatives from the
private nonprofit organizations that support early childhood programs in Minnesota. In
developing recommendations in coordination with existing efforts of the council, the task
force shall consider how to:
deleted text end

deleted text begin (i) consolidate and coordinate resources and public funding streams for early childhood
education and child care, and ensure the accountability and coordinated development of all
early childhood education and child care services to children from birth to kindergarten
entrance;
deleted text end

deleted text begin (ii) create a seamless transition from early childhood programs to kindergarten;
deleted text end

deleted text begin (iii) encourage family choice by ensuring a mixed system of high-quality public and
private programs, with local points of entry, staffed by well-qualified professionals;
deleted text end

deleted text begin (iv) ensure parents a decisive role in the planning, operation, and evaluation of programs
that aid families in the care of children;
deleted text end

deleted text begin (v) provide consumer education and accessibility to early childhood education and child
care resources;
deleted text end

deleted text begin (vi) advance the quality of early childhood education and child care programs in order
to support the healthy development of children and preparation for their success in school;
deleted text end

deleted text begin (vii) develop a seamless service delivery system with local points of entry for early
childhood education and child care programs administered by local, state, and federal
agencies;
deleted text end

deleted text begin (viii) ensure effective collaboration between state and local child welfare programs and
early childhood mental health programs and the Office of Early Learning;
deleted text end

deleted text begin (ix) develop and manage an effective data collection system to support the necessary
functions of a coordinated system of early childhood education and child care in order to
enable accurate evaluation of its impact;
deleted text end

deleted text begin (x) respect and be sensitive to family values and cultural heritage; and
deleted text end

deleted text begin (xi) establish the administrative framework for and promote the development of early
childhood education and child care services in order to provide that these services, staffed
by well-qualified professionals, are available in every community for all families that express
a need for them.
deleted text end

deleted text begin In addition, the task force must consider the following responsibilities for transfer to the
Office of Early Learning:
deleted text end

deleted text begin (A) responsibilities of the commissioner of education for early childhood education
programs and financing under sections 119A.50 to 119A.535, 121A.16 to 121A.19, and
124D.129 to 124D.2211;
deleted text end

deleted text begin (B) responsibilities of the commissioner of human services for child care assistance,
child care development, and early childhood learning and child protection facilities programs
and financing under chapter 119B and section 256E.37; and
deleted text end

deleted text begin (C) responsibilities of the commissioner of health for family home visiting programs
and financing under section 145A.17.
deleted text end

deleted text begin Any costs incurred by the council in making these recommendations must be paid from
private funds. If no private funds are received, the council must not proceed in making these
recommendations. The council must report its recommendations to the governor and the
legislature by January 15, 2011;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end review program evaluations regarding high-quality early childhood programs;

deleted text begin (4) deleted text end new text begin (3) new text end make recommendations to the governor and legislature, including proposed
legislation on how to most effectively create a high-quality early childhood system in
Minnesota in order to improve the educational outcomes of children so that all children are
school-ready deleted text begin by 2020 deleted text end ; new text begin and
new text end

deleted text begin (5) make recommendations to the governor and the legislature by March 1, 2011, on the
creation and implementation of a statewide school readiness report card to monitor progress
toward the goal of having all children ready for kindergarten by the year 2020. The
recommendations shall include what should be measured including both children and system
indicators, what benchmarks should be established to measure state progress toward the
goal, and how frequently the report card should be published. In making their
recommendations, the council shall consider the indicators and strategies for Minnesota's
early childhood system report, the Minnesota school readiness study, developmental
assessment at kindergarten entrance, and the work of the council's accountability committee.
Any costs incurred by the council in making these recommendations must be paid from
private funds. If no private funds are received, the council must not proceed in making these
recommendations; and
deleted text end

deleted text begin (6) make recommendations to the governor and the legislature on how to screen earlier
and comprehensively assess children for school readiness in order to provide increased early
interventions and increase the number of children ready for kindergarten. In formulating
their recommendations, the council shall consider (i) ways to interface with parents of
children who are not participating in early childhood education or care programs, (ii) ways
to interface with family child care providers, child care centers, and school-based early
childhood and Head Start programs, (iii) if there are age-appropriate and culturally sensitive
screening and assessment tools for three-, four-, and five-year-olds, (iv) the role of the
medical community in screening, (v) incentives for parents to have children screened at an
earlier age, (vi) incentives for early education and care providers to comprehensively assess
children in order to improve instructional practice, (vii) how to phase in increases in screening
and assessment over time, (viii) how the screening and assessment data will be collected
and used and who will have access to the data, (ix) how to monitor progress toward the goal
of having 50 percent of three-year-old children screened and 50 percent of entering
kindergarteners assessed for school readiness by 2015 and 100 percent of three-year-old
children screened and entering kindergarteners assessed for school readiness by 2020, and
(x) costs to meet these benchmarks. The council shall consider the screening instruments
and comprehensive assessment tools used in Minnesota early childhood education and care
programs and kindergarten. The council may survey early childhood education and care
programs in the state to determine the screening and assessment tools being used or rely on
previously collected survey data, if available. For purposes of this subdivision, "school
readiness" is defined as the child's skills, knowledge, and behaviors at kindergarten entrance
in these areas of child development: social; self-regulation; cognitive, including language,
literacy, and mathematical thinking; and physical. For purposes of this subdivision,
"screening" is defined as the activities used to identify a child who may need further
evaluation to determine delay in development or disability. For purposes of this subdivision,
"assessment" is defined as the activities used to determine a child's level of performance in
order to promote the child's learning and development. Work on this duty will begin in
fiscal year 2012. Any costs incurred by the council in making these recommendations must
be paid from private funds. If no private funds are received, the council must not proceed
in making these recommendations. The council must report its recommendations to the
governor and legislature by January 15, 2013, with an interim report on February 15, 2011.
deleted text end

new text begin (4) review and provide input on the recommendations and implementation timelines
developed by the Great Start For All Minnesota Children Task Force as defined in Laws
2021, First Special Session chapter 7, article 14, section 18, subdivision 2.
new text end

Sec. 5.

Minnesota Statutes 2020, section 124D.151, subdivision 2, is amended to read:

Subd. 2.

Program requirements.

(a) A voluntary prekindergarten program provider
must:

(1) provide instruction through play-based learning to foster children's social and
emotional development, cognitive development, physical and motor development, and
language and literacy skills, including the native language and literacy skills of English
learners, to the extent practicable;

(2) measure each child's cognitive and social skills using a formative measure aligned
to the state's early learning standards when the child enters and again before the child leaves
the program, screening and progress monitoring measures, and other age-appropriate versions
from the state-approved menu of kindergarten entry profile measures new text begin and submit assessment
results to the Department of Education for all students enrolled in voluntary prekindergarten
program classrooms new text end ;

(3) provide comprehensive program content including the implementation of curriculum,
assessment, and instructional strategies aligned with the state early learning standards, and
kindergarten through grade 3 academic standards;

(4) provide instructional content and activities that are of sufficient length and intensity
to address learning needs including offering a program with at least 350 hours of instruction
per school year for a prekindergarten student;

(5) provide voluntary prekindergarten instructional staff salaries comparable to the
salaries of local kindergarten through grade 12 instructional staff;

(6) coordinate appropriate kindergarten transition with families, community-based
prekindergarten programs, and school district kindergarten programs;

(7) involve parents in program planning and transition planning by implementing parent
engagement strategies that include culturally and linguistically responsive activities in
prekindergarten through third grade that are aligned with early childhood family education
under section 124D.13;

(8) coordinate with relevant community-based services, including health and social
service agencies, to ensure children have access to comprehensive services;

(9) coordinate with all relevant school district programs and services including early
childhood special education, homeless students, and English learners;

(10) ensure staff-to-child ratios of one-to-ten and a maximum group size of 20 children;

(11) provide high-quality coordinated professional development, training, and coaching
for both school district and community-based early learning providers that is informed by
a measure of adult-child interactions and enables teachers to be highly knowledgeable in
early childhood curriculum content, assessment, native and English language development
programs, and instruction; and

(12) implement strategies that support the alignment of professional development,
instruction, assessments, and prekindergarten through grade 3 curricula.

(b) A voluntary prekindergarten program must have teachers knowledgeable in early
childhood curriculum content, assessment, native and English language programs, and
instruction.

(c) Districts and charter schools must include their strategy for implementing and
measuring the impact of their voluntary prekindergarten program under section 120B.11
and provide results in their world's best workforce annual summary to the commissioner of
education.

Sec. 6.

Minnesota Statutes 2020, section 124D.165, subdivision 2, is amended to read:

Subd. 2.

Family eligibility.

(a) For a family to receive an early learning scholarship,
parents or guardians must meet the following eligibility requirements:

(1) have an eligible child; and

(2) have income equal to or less than 185 percent of federal poverty level income in the
current calendar year, or be able to document their child's current participation in the free
and reduced-price deleted text begin lunch deleted text end new text begin meal new text end program or Child and Adult Care Food Program, National
School Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food
Distribution Program on Indian Reservations, Food and Nutrition Act, United States Code,
title 7, sections 2011-2036; Head Start under the federal Improving Head Start for School
Readiness Act of 2007; Minnesota family investment program under chapter 256J; child
care assistance programs under chapter 119B; the supplemental nutrition assistance program;
deleted text begin or deleted text end placement in foster care under section 260C.212 new text begin ; or is in need of child protective services new text end .

(b) An "eligible child" means a child who has not yet enrolled in kindergarten and is:

(1) at least three but not yet five years of age on September 1 of the current school year;

(2) a sibling from birth to age five of a child who has been awarded a scholarship under
this section provided the sibling attends the same program as long as funds are available;

(3) the child of a parent under age 21 who is pursuing a high school degree or a course
of study for a high school equivalency test; or

(4) homeless, in foster care, deleted text begin or deleted text end in need of child protective services new text begin , or a child with an
incarcerated parent new text end .

(c) A child who has received a scholarship under this section must continue to receive
a scholarship each year until that child is eligible for kindergarten under section 120A.20
and as long as funds are available.

(d) Early learning scholarships may not be counted as earned income for the purposes
of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, Minnesota
family investment program under chapter 256J, child care assistance programs under chapter
119B, or Head Start under the federal Improving Head Start for School Readiness Act of
2007.

(e) A child from an adjoining state whose family resides at a Minnesota address as
assigned by the United States Postal Service, who has received developmental screening
under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district,
and whose family meets the criteria of paragraph (a) is eligible for an early learning
scholarship under this section.

Sec. 7.

Minnesota Statutes 2020, 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 deleted text begin or otherwise in need of protection or services deleted text end new text begin , in need of child
protective services, or a child with an incarcerated parent new text end ; 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 deleted text begin ten deleted text end new text begin three new text end months of the
awarding of the scholarship, the scholarship cancels and the recipient must reapply in order
to be eligible for another scholarship. A child may not be awarded more than one scholarship
in a 12-month period.

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

(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. 8.

Laws 2017, First Special Session chapter 5, article 8, section 9, subdivision 2, is
amended to read:

Subd. 2.

Program requirements.

A school readiness plus program provider must:

(1) assess each child's cognitive and language skills with a comprehensive child
assessment instrument when the child enters and again before the child leaves the program
to improve program planning and implementation, communicate with parents, and promote
kindergarten readiness new text begin and the provider must submit assessment results to the Department
of Education for all students enrolled in school readiness plus program classrooms new text end ;

(2) provide comprehensive program content and intentional instructional practice aligned
with the state early childhood learning guidelines and kindergarten standards and based on
early childhood research and professional practice that is focused on children's cognitive,
social, emotional, and physical skills and development and prepares children for the transition
to kindergarten, including early literacy and language skills;

(3) coordinate appropriate kindergarten transition with parents and kindergarten teachers;

(4) involve parents in program planning and decision making;

(5) coordinate with relevant community-based services;

(6) cooperate with adult basic education programs and other adult literacy programs;

(7) ensure staff-to-child ratios of one-to-ten and a maximum group size of 20 children
with at least one licensed teacher;

(8) have teachers knowledgeable in early childhood curriculum content, assessment,
native and English language development programs, and instruction; and

(9) provide instructional content and activities that are of sufficient length and intensity
to address learning needs including offering a program with at least 350 hours of instruction
per school year.

ARTICLE 9

CAREER AND TECHNICAL EDUCATION, POSTSECONDARY ENROLLMENT
OPTIONS, AND GRADUATION

Section 1.

Minnesota Statutes 2020, section 120B.022, subdivision 1, is amended to read:

Subdivision 1.

Elective standards.

A district must establish new text begin and regularly review new text end its
own standards deleted text begin in deleted text end new text begin for new text end career and technical education new text begin (CTE) programs. Standards must align
with Minnesota CTE Frameworks, standards developed by national CTE organizations, or
recognized industry standards new text end . A district must use the current world languages standards
developed by the American Council on the Teaching of Foreign Languages. A school district
must offer courses in all elective subject areas.

Sec. 2.

Minnesota Statutes 2020, section 120B.024, subdivision 2, is amended to read:

Subd. 2.

Credit equivalencies.

(a) A one-half credit of economics taught in a school's
deleted text begin agriculture deleted text end new text begin agricultural, food, and natural resources new text end education or business deleted text begin department deleted text end new text begin
education program new text end may fulfill a one-half credit in social studies under subdivision 1, clause
(5), if the credit is sufficient to satisfy all of the academic standards in economics.

(b) An agriculture science or career and technical education credit may fulfill the elective
science credit required under subdivision 1, clause (4), if the credit meets the state physical
science, life science, earth and space science, chemistry, or physics academic standards or
a combination of these academic standards as approved by the district. An agriculture or
career and technical education credit may fulfill the credit in chemistry or physics required
under subdivision 1, clause (4), if the credit meets the state chemistry or physics academic
standards as approved by the district. A student must satisfy either all of the chemistry
academic standards or all of the physics academic standards prior to graduation. An
agriculture science or career and technical education credit may not fulfill the required
biology credit under subdivision 1, clause (4).

(c) A career and technical education credit may fulfill a mathematics or arts credit
requirement under subdivision 1, clause (2) or (6).

(d) An deleted text begin agriculture deleted text end new text begin agricultural, food, and natural resources new text end education teacher is not
required to meet the requirements of Minnesota Rules, part 3505.1150, subpart deleted text begin 1 deleted text end new text begin 2 new text end , item
B, to meet the credit equivalency requirements of paragraph (b) above.

(e) A computer science credit may fulfill a mathematics credit requirement under
subdivision 1, clause (2), if the credit meets state academic standards in mathematics.

(f) A Project Lead the Way credit may fulfill a science or mathematics credit requirement
under subdivision 1, clause (2) or (4), if the credit meets the state academic standards in
science or mathematics.

Sec. 3.

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

Subd. 3.

Definitions.

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

(a) "Eligible institution" means a Minnesota public postsecondary institution, a private,
nonprofit two-year trade and technical school granting associate degrees, an opportunities
industrialization center accredited by an accreditor recognized by the United States
Department of Education, or a private, residential, two-year or four-year, liberal arts,
degree-granting college or university located in Minnesota. new text begin An eligible institution cannot
require a faith statement during the application process or base any part of the admission
decision on a student's race, creed, ethnicity, disability, gender, or sexual orientation or
religious beliefs or affiliations.
new text end

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

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

Sec. 4.

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

Subd. 13.

Financial arrangements.

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

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

A postsecondary institution shall receive the following:

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

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

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

Sec. 5.

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

Subdivision 1.

Program established.

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

Sec. 6. new text begin REPEALER.
new text end

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

ARTICLE 10

ADMINISTRATIVE UPDATES AND TECHNICAL CORRECTIONS

Section 1.

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

Subd. 3.

Rulemaking.

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

Sec. 2.

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

Subdivision 1.

Statewide testing.

(a) The commissioner, with advice from experts with
appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, must include in the comprehensive assessment system, for each grade level
to be tested, state-constructed tests developed as computer-adaptive reading and mathematics
assessments for students that are aligned with the state's required academic standards under
section 120B.021, include multiple choice questions, and are administered annually to all
students in grades 3 through 8. State-developed high school tests aligned with the state's
required academic standards under section 120B.021 and administered to all high school
students in a subject other than writing must include multiple choice questions. The
commissioner must establish a testing period as late as possible each school year during
which schools must administer the Minnesota Comprehensive Assessments to students. The
commissioner must publish the testing schedule at least two years before the beginning of
the testing period.

(b) The state assessment system must be aligned to the most recent revision of academic
standards as described in section 120B.023 in the following manner:

(1) mathematics;

(i) grades 3 through 8 beginning in the 2010-2011 school year; and

(ii) high school level beginning in the 2013-2014 school year;

(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and

(3) language arts and reading; grades 3 through 8 and high school level beginning in the
2012-2013 school year.

(c) For students enrolled in grade 8 in the 2012-2013 school year and later, students'
state graduation requirements, based on a longitudinal, systematic approach to student
education and career planning, assessment, instructional support, and evaluation, include
the following:

(1) achievement and career and college readiness in mathematics, reading, and writing,
consistent with paragraph (k) and to the extent available, to monitor students' continuous
development of and growth in requisite knowledge and skills; analyze students' progress
and performance levels, identifying students' academic strengths and diagnosing areas where
students require curriculum or instructional adjustments, targeted interventions, or
remediation; and, based on analysis of students' progress and performance data, determine
students' learning and instructional needs and the instructional tools and best practices that
support academic rigor for the student; and

(2) consistent with this paragraph and section 120B.125, age-appropriate exploration
and planning activities and career assessments to encourage students to identify personally
relevant career interests and aptitudes and help students and their families develop a regularly
reexamined transition plan for postsecondary education or employment without need for
postsecondary remediation.

Based on appropriate state guidelines, students with an individualized education program
may satisfy state graduation requirements by achieving an individual score on the
state-identified alternative assessments.

(d) Expectations of schools, districts, and the state for career or college readiness under
this subdivision must be comparable in rigor, clarity of purpose, and rates of student
completion.

A student under paragraph (c), clause (1), must receive targeted, relevant, academically
rigorous, and resourced instruction, which may include a targeted instruction and intervention
plan focused on improving the student's knowledge and skills in core subjects so that the
student has a reasonable chance to succeed in a career or college without need for
postsecondary remediation. Consistent with sections 120B.13, 124D.09, 124D.091, 124D.49,
and related sections, an enrolling school or district must actively encourage a student in
grade 11 or 12 who is identified as academically ready for a career or college to participate
in courses and programs awarding college credit to high school students. Students are not
required to achieve a specified score or level of proficiency on an assessment under this
subdivision to graduate from high school.

(e) Though not a high school graduation requirement, students are encouraged to
participate in a nationally recognized college entrance exam. To the extent state funding
for college entrance exam fees is available, a district must pay the cost, one time, for an
interested student in grade 11 or 12 who is eligible for a free or reduced-price meal, to take
a nationally recognized college entrance exam before graduating. A student must be able
to take the exam under this paragraph at the student's high school during the school day and
at any one of the multiple exam administrations available to students in the district. A district
may administer the ACT or SAT or both the ACT and SAT to comply with this paragraph.
If the district administers only one of these two tests and a free or reduced-price meal eligible
student opts not to take that test and chooses instead to take the other of the two tests, the
student may take the other test at a different time or location and remains eligible for the
examination fee reimbursement. Notwithstanding sections 123B.34 to 123B.39, a school
district may require a student that is not eligible for a free or reduced-price meal to pay the
cost of taking a nationally recognized college entrance exam. The district must waive the
cost for a student unable to pay.

(f) The commissioner and the chancellor of the Minnesota State Colleges and Universities
must collaborate in aligning instruction and assessments for adult basic education students
and English learners to provide the students with diagnostic information about any targeted
interventions, accommodations, modifications, and supports they need so that assessments
and other performance measures are accessible to them and they may seek postsecondary
education or employment without need for postsecondary remediation. When administering
formative or summative assessments used to measure the academic progress, including the
oral academic development, of English learners and inform their instruction, schools must
ensure that the assessments are accessible to the students and students have the modifications
and supports they need to sufficiently understand the assessments.

(g) Districts and schools, on an annual basis, must use career exploration elements to
help students, beginning no later than grade 9, and their families explore and plan for
postsecondary education or careers based on the students' interests, aptitudes, and aspirations.
Districts and schools must use timely regional labor market information and partnerships,
among other resources, to help students and their families successfully develop, pursue,
review, and revise an individualized plan for postsecondary education or a career. This
process must help increase students' engagement in and connection to school, improve
students' knowledge and skills, and deepen students' understanding of career pathways as
a sequence of academic and career courses that lead to an industry-recognized credential,
an associate's degree, or a bachelor's degree and are available to all students, whatever their
interests and career goals.

(h) A student who demonstrates attainment of required state academic standards, which
include career and college readiness benchmarks, on high school assessments under
subdivision 1a is academically ready for a career or college and is encouraged to participate
in courses awarding college credit to high school students. Such courses and programs may
include sequential courses of study within broad career areas and technical skill assessments
that extend beyond course grades.

(i) As appropriate, students through grade 12 must continue to participate in targeted
instruction, intervention, or remediation and be encouraged to participate in courses awarding
college credit to high school students.

(j) In developing, supporting, and improving students' academic readiness for a career
or college, schools, districts, and the state must have a continuum of empirically derived,
clearly defined benchmarks focused on students' attainment of knowledge and skills so that
students, their parents, and teachers know how well students must perform to have a
reasonable chance to succeed in a career or college without need for postsecondary
remediation. The commissioner, in consultation with local school officials and educators,
and Minnesota's public postsecondary institutions must ensure that the foundational
knowledge and skills for students' successful performance in postsecondary employment
or education and an articulated series of possible targeted interventions are clearly identified
and satisfy Minnesota's postsecondary admissions requirements.

(k) For students in grade 8 in the 2012-2013 school year and later, a school, district, or
charter school must record on the high school transcript a student's progress toward career
and college readiness, and for other students as soon as practicable.

(l) The school board granting students their diplomas may formally decide to include a
notation of high achievement on the high school diplomas of those graduating seniors who,
according to established school board criteria, demonstrate exemplary academic achievement
during high school.

(m) The 3rd through 8th grade computer-adaptive assessment results and high school
test results must be available to districts for diagnostic purposes affecting student learning
and district instruction and curriculum, and for establishing educational accountability. The
commissioner, in consultation with the chancellor of the Minnesota State Colleges and
Universities, must establish empirically derived benchmarks on the high school tests that
reveal a trajectory toward career and college readiness consistent with section 136F.302,
subdivision 1a. The commissioner must disseminate to the public the computer-adaptive
assessments and high school test results upon receiving those results.

(n) The grades 3 through 8 computer-adaptive assessments and high school tests must
be aligned with state academic standards. The commissioner must determine the testing
process and the order of administration. The statewide results must be aggregated at the site
and district level, consistent with subdivision 1a.

(o) The commissioner must include the following components in the statewide public
reporting system:

(1) uniform statewide computer-adaptive assessments of all students in grades 3 through
8 and testing at the high school levels that provides appropriate, technically sound
accommodations or alternate assessments;

(2) educational indicators that can be aggregated and compared across school districts
and across time on a statewide basis, including deleted text begin average daily deleted text end new text begin consistent new text end attendance, high
school graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the deleted text begin American College Test deleted text end new text begin ACT test new text end ; and

(4) state results from participation in the National Assessment of Educational Progress
so that the state can benchmark its performance against the nation and other states, and,
where possible, against other countries, and contribute to the national effort to monitor
achievement.

(p) For purposes of statewide accountability, "career and college ready" means a high
school graduate has the knowledge, skills, and competencies to successfully pursue a career
pathway, including postsecondary credit leading to a degree, diploma, certificate, or
industry-recognized credential and employment. Students who are career and college ready
are able to successfully complete credit-bearing coursework at a two- or four-year college
or university or other credit-bearing postsecondary program without need for remediation.

(q) For purposes of statewide accountability, "cultural competence," "cultural
competency," or "culturally competent" means the ability of families and educators to
interact effectively with people of different cultures, native languages, and socioeconomic
backgrounds.

Sec. 3.

Minnesota Statutes 2020, section 120B.31, subdivision 4, is amended to read:

Subd. 4.

Student performance data.

In developing policies and assessment processes
to hold schools and districts accountable for high levels of academic standards under section
120B.021, the commissioner shall aggregate and disaggregate student data over time to
report summary student performance and growth levels and, under section 120B.11,
subdivision 2, clause (2), student learning and outcome data measured at the school, school
district, and statewide level. The commissioner shall use the student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and student categories of:

(1) homelessness;

(2) ethnicity under section 120B.35, subdivision 3, paragraph (a), clause (2);

(3) race under section 120B.35, subdivision 3, paragraph (a), clause (2);

(4) home language;

(5) English learners under section 124D.59;

(6) free or reduced-price deleted text begin lunch deleted text end new text begin meals new text end ; and

(7) other categories designated by federal law to organize and report the data so that
state and local policy makers can understand the educational implications of changes in
districts' demographic profiles over time as data are available.

Any report the commissioner disseminates containing summary data on student performance
must integrate student performance and the demographic factors that strongly correlate with
that performance.

Sec. 4.

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

Subd. 3.

State growth deleted text begin target deleted text end new text begin measures new text end ; other state measures.

(a)(1) The state's
educational assessment system measuring individual students' educational growth is based
on indicators of new text begin current new text end achievement deleted text begin growth deleted text end that show new text begin growth from new text end an individual student's
prior achievement. Indicators of achievement and prior achievement must be based on highly
reliable statewide or districtwide assessments. new text begin Indicators that take into account a student's
prior achievement must not be used to disregard a school's low achievement or to exclude
a school from a program to improve low-achievement levels.
new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2020, section 120B.36, subdivision 2, is amended to read:

Subd. 2.

Student progress and other data.

(a) All data the department receives, collects,
or creates under section 120B.11, governing the world's best workforce, or uses to determine
federal expectations under the most recently reauthorized Elementary and Secondary
Education Act deleted text begin , set state growth targets, deleted text end and determine student growth, learning, and outcomes
under section 120B.35 are nonpublic data under section 13.02, subdivision 9, until the
commissioner publicly releases the data.

(b) Districts must provide parents sufficiently detailed summary data to permit parents
to appeal under the most recently reauthorized federal Elementary and Secondary Education
Act. The commissioner shall annually post federal expectations and state student growth,
learning, and outcome data to the department's public website no later than September 1,
except that in years when data or federal expectations reflect new performance standards,
the commissioner shall post data on federal expectations and state student growth data no
later than October 1.

Sec. 6.

Minnesota Statutes 2020, section 123A.09, is amended to read:

123A.09 DESIGNATING AND APPROVING A CENTER.

The commissioner shall establish a process for state designation and approval of area
learning centers that meet the provisions of sections 123A.05 to 123A.08. Any process for
designating and approving an area learning center must emphasize the importance of having
the area learning center serve students who have dropped out of school, are homeless, are
eligible to receive free or deleted text begin reduced priced lunch deleted text end new text begin reduced-price meals new text end , have been suspended
or expelled, have been declared truant or are pregnant or parents.

Sec. 7.

Minnesota Statutes 2020, section 124D.15, subdivision 15, is amended to read:

Subd. 15.

Eligibility.

A child is eligible to participate in a school readiness program if
the child:

(1) is at least three years old on September 1;

(2) has completed health and developmental screening within 90 days of program
enrollment under sections 121A.16 to 121A.19; and

(3) has one or more of the following risk factors:

(i) qualifies for free or reduced-price deleted text begin lunch deleted text end new text begin meals new text end ;

(ii) is an English learner;

(iii) is homeless;

(iv) has an individualized education program (IEP) or standardized written plan;

(v) is identified, through health and developmental screenings under sections 121A.16
to 121A.19, with a potential risk factor that may influence learning; or

(vi) is defined as at risk by the school district.

Sec. 8.

Minnesota Statutes 2020, section 124D.151, subdivision 5, is amended to read:

Subd. 5.

Application process; priority for high poverty schools.

(a) To qualify for
program approval for fiscal year 2017, a district or charter school must submit an application
to the commissioner by July 1, 2016. To qualify for program approval for fiscal year 2018
and later, a district or charter school must submit an application to the commissioner by
January 30 of the fiscal year prior to the fiscal year in which the program will be
implemented. The application must include:

(1) a description of the proposed program, including the number of hours per week the
program will be offered at each school site or mixed-delivery location;

(2) an estimate of the number of eligible children to be served in the program at each
school site or mixed-delivery location; and

(3) a statement of assurances signed by the superintendent or charter school director that
the proposed program meets the requirements of subdivision 2.

(b) The commissioner must review all applications submitted for fiscal year 2017 by
August 1, 2016, and must review all applications submitted for fiscal year 2018 and later
by March 1 of the fiscal year in which the applications are received and determine whether
each application meets the requirements of paragraph (a).

(c) The commissioner must divide all applications for new or expanded voluntary
prekindergarten programs under this section meeting the requirements of paragraph (a) and
school readiness plus programs into four groups as follows: the Minneapolis and St. Paul
school districts; other school districts located in the metropolitan equity region as defined
in section 126C.10, subdivision 28; school districts located in the rural equity region as
defined in section 126C.10, subdivision 28; and charter schools. Within each group, the
applications must be ordered by rank using a sliding scale based on the following criteria:

(1) concentration of kindergarten students eligible for free or reduced-price deleted text begin lunches deleted text end new text begin
meals new text end by school site on October 1 of the previous school year. A school site may contract
to partner with a community-based provider or Head Start under subdivision 3 or establish
an early childhood center and use the concentration of kindergarten students eligible for
free or reduced-price meals from a specific school site as long as those eligible children are
prioritized and guaranteed services at the mixed-delivery site or early education center. For
school district programs to be operated at locations that do not have free and reduced-price
deleted text begin lunch deleted text end new text begin meal new text end concentration data for kindergarten programs for October 1 of the previous
school year, including mixed-delivery programs, the school district average concentration
of kindergarten students eligible for free or reduced-price deleted text begin lunches deleted text end new text begin meals new text end must be used for
the rank ordering;

(2) presence or absence of a three- or four-star Parent Aware rated program within the
school district or close proximity of the district. School sites with the highest concentration
of kindergarten students eligible for free or reduced-price deleted text begin lunches deleted text end new text begin meals new text end that do not have a
three- or four-star Parent Aware program within the district or close proximity of the district
shall receive the highest priority, and school sites with the lowest concentration of
kindergarten students eligible for free or reduced-price deleted text begin lunches deleted text end new text begin meals new text end that have a three- or
four-star Parent Aware rated program within the district or close proximity of the district
shall receive the lowest priority; and

(3) whether the district has implemented a mixed delivery system.

(d) The limit on participation for the programs as specified in subdivision 6 must initially
be allocated among the four groups based on each group's percentage share of the statewide
kindergarten enrollment on October 1 of the previous school year. Within each group, the
participation limit for fiscal years 2018 and 2019 must first be allocated to school sites
approved for aid in the previous year to ensure that those sites are funded for the same
number of participants as approved for the previous year. The remainder of the participation
limit for each group must be allocated among school sites in priority order until that region's
share of the participation limit is reached. If the participation limit is not reached for all
groups, the remaining amount must be allocated to the highest priority school sites, as
designated under this section, not funded in the initial allocation on a statewide basis. For
fiscal year 2020 and later, the participation limit must first be allocated to school sites
approved for aid in fiscal year 2017, and then to school sites approved for aid in fiscal year
2018 based on the statewide rankings under paragraph (c).

(e) Once a school site or a mixed delivery site under subdivision 3 is approved for aid
under this subdivision, it shall remain eligible for aid if it continues to meet program
requirements, regardless of changes in the concentration of students eligible for free or
reduced-price deleted text begin lunches deleted text end new text begin meals new text end .

(f) If the total number of participants approved based on applications submitted under
paragraph (a) is less than the participation limit under subdivision 6, the commissioner must
notify all school districts and charter schools of the amount that remains available within
30 days of the initial application deadline under paragraph (a), and complete a second round
of allocations based on applications received within 60 days of the initial application deadline.

(g) Procedures for approving applications submitted under paragraph (f) shall be the
same as specified in paragraphs (a) to (d), except that the allocations shall be made to the
highest priority school sites not funded in the initial allocation on a statewide basis.

Sec. 9.

Minnesota Statutes 2020, section 124D.16, subdivision 2, is amended to read:

Subd. 2.

Amount of aid.

(a) A district is eligible to receive school readiness aid for
eligible prekindergarten pupils enrolled in a school readiness program under section 124D.15
if the biennial plan required by section 124D.15, subdivision 3a, has been approved by the
commissioner.

(b) A district must receive school readiness aid equal to:

(1) the number of four-year-old children in the district on October 1 for the previous
school year times the ratio of 50 percent of the total school readiness aid for that year to the
total number of four-year-old children reported to the commissioner for the previous school
year; plus

(2) the number of pupils enrolled in the school district from families eligible for the free
or deleted text begin reduced deleted text end new text begin reduced-price new text end school deleted text begin lunch deleted text end new text begin meal new text end program for the previous school year times the
ratio of 50 percent of the total school readiness aid for that year to the total number of pupils
in the state from families eligible for the free or deleted text begin reduced deleted text end new text begin reduced-price new text end school deleted text begin lunch deleted text end new text begin meal new text end
program for the previous school year.

(c) The total school readiness aid entitlement equals $23,558,000 for fiscal year 2016
and $33,683,000 for fiscal year 2017 and later.

Sec. 10.

Minnesota Statutes 2020, section 124D.231, subdivision 2, is amended to read:

Subd. 2.

Full-service community school program.

(a) The commissioner shall provide
funding to eligible school sites to plan, implement, and improve full-service community
schools. Eligible school sites must meet one of the following criteria:

(1) the school is on a development plan for continuous improvement under section
120B.35, subdivision 2; or

(2) the school is in a district that has an achievement and integration plan approved by
the commissioner of education under sections 124D.861 and 124D.862.

(b) An eligible school site may receive up to $150,000 annually. School sites receiving
funding under this section shall hire or contract with a partner agency to hire a site coordinator
to coordinate services at each covered school site.

(c) Of grants awarded, implementation funding of up to $20,000 must be available for
up to one year for planning for school sites. At the end of this period, the school must submit
a full-service community school plan, pursuant to paragraph (g). If the site decides not to
use planning funds, the plan must be submitted with the application.

(d) The commissioner shall consider additional school factors when dispensing funds
including: schools with significant populations of students receiving free or reduced-price
deleted text begin lunches deleted text end new text begin meals new text end ; significant homeless and highly mobile rates; and equity among urban,
suburban, and greater Minnesota schools.

(e) A school site must establish a school leadership team responsible for developing
school-specific programming goals, assessing program needs, and overseeing the process
of implementing expanded programming at each covered site. The school leadership team
shall have between 12 to 15 members and shall meet the following requirements:

(1) at least 30 percent of the members are parents and 30 percent of the members are
teachers at the school site and must include the school principal and representatives from
partner agencies; and

(2) the school leadership team must be responsible for overseeing the baseline analyses
under paragraph (f). A school leadership team must have ongoing responsibility for
monitoring the development and implementation of full-service community school operations
and programming at the school site and shall issue recommendations to schools on a regular
basis and summarized in an annual report. These reports shall also be made available to the
public at the school site and on school and district websites.

(f) School sites must complete a baseline analysis prior to beginning programming as a
full-service community school. The analysis shall include:

(1) a baseline analysis of needs at the school site, led by the school leadership team,
which shall include the following elements:

(i) identification of challenges facing the school;

(ii) analysis of the student body, including:

(A) number and percentage of students with disabilities and needs of these students;

(B) number and percentage of students who are English learners and the needs of these
students;

(C) number of students who are homeless or highly mobile; and

(D) number and percentage of students receiving free or reduced-price deleted text begin lunch deleted text end new text begin meals new text end and
the needs of these students;

(iii) analysis of enrollment and retention rates for students with disabilities, English
learners, homeless and highly mobile students, and students receiving free or reduced-price
deleted text begin lunch deleted text end new text begin meals new text end ;

(iv) analysis of suspension and expulsion data, including the justification for such
disciplinary actions and the degree to which particular populations, including, but not limited
to, students of color, students with disabilities, students who are English learners, and
students receiving free or reduced-price deleted text begin lunch deleted text end new text begin meals new text end are represented among students subject
to such actions;

(v) analysis of school achievement data disaggregated by major demographic categories,
including, but not limited to, race, ethnicity, English learner status, disability status, and
free or reduced-price deleted text begin lunch deleted text end new text begin meals new text end status;

(vi) analysis of current parent engagement strategies and their success; and

(vii) evaluation of the need for and availability of wraparound services, including, but
not limited to:

(A) mechanisms for meeting students' social, emotional, and physical health needs,
which may include coordination of existing services as well as the development of new
services based on student needs; and

(B) strategies to create a safe and secure school environment and improve school climate
and discipline, such as implementing a system of positive behavioral supports, and taking
additional steps to eliminate bullying;

(2) a baseline analysis of community assets and a strategic plan for utilizing and aligning
identified assets. This analysis should include, but is not limited to, a documentation of
individuals in the community, faith-based organizations, community and neighborhood
associations, colleges, hospitals, libraries, businesses, and social service agencies who may
be able to provide support and resources; and

(3) a baseline analysis of needs in the community surrounding the school, led by the
school leadership team, including, but not limited to:

(i) the need for high-quality, full-day child care and early childhood education programs;

(ii) the need for physical and mental health care services for children and adults; and

(iii) the need for job training and other adult education programming.

(g) Each school site receiving funding under this section must establish at least two of
the following types of programming:

(1) early childhood:

(i) early childhood education; and

(ii) child care services;

(2) academic:

(i) academic support and enrichment activities, including expanded learning time;

(ii) summer or after-school enrichment and learning experiences;

(iii) job training, internship opportunities, and career counseling services;

(iv) programs that provide assistance to students who have been truant, suspended, or
expelled; and

(v) specialized instructional support services;

(3) parental involvement:

(i) programs that promote parental involvement and family literacy;

(ii) parent leadership development activities; and

(iii) parenting education activities;

(4) mental and physical health:

(i) mentoring and other youth development programs, including peer mentoring and
conflict mediation;

(ii) juvenile crime prevention and rehabilitation programs;

(iii) home visitation services by teachers and other professionals;

(iv) developmentally appropriate physical education;

(v) nutrition services;

(vi) primary health and dental care; and

(vii) mental health counseling services;

(5) community involvement:

(i) service and service-learning opportunities;

(ii) adult education, including instruction in English as a second language; and

(iii) homeless prevention services;

(6) positive discipline practices; and

(7) other programming designed to meet school and community needs identified in the
baseline analysis and reflected in the full-service community school plan.

(h) The school leadership team at each school site must develop a full-service community
school plan detailing the steps the school leadership team will take, including:

(1) timely establishment and consistent operation of the school leadership team;

(2) maintenance of attendance records in all programming components;

(3) maintenance of measurable data showing annual participation and the impact of
programming on the participating children and adults;

(4) documentation of meaningful and sustained collaboration between the school and
community stakeholders, including local governmental units, civic engagement organizations,
businesses, and social service providers;

(5) establishment and maintenance of partnerships with institutions, such as universities,
hospitals, museums, or not-for-profit community organizations to further the development
and implementation of community school programming;

(6) ensuring compliance with the district nondiscrimination policy; and

(7) plan for school leadership team development.

Sec. 11.

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

Subdivision 1.

Program described.

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

(1) support postsecondary preparation for 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 2020, section 124D.74, subdivision 3, is amended to read:

Subd. 3.

Enrollment of other children; shared time enrollment.

To the extent it is
economically feasible, 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 2020, 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 new text begin , including district schools, charter schools, and Tribal contract schools that
offer virtual learning environments new text end . Programs may operate on an extended day or extended
year basis.

Sec. 14.

Minnesota Statutes 2020, section 124D.81, subdivision 2a, is amended to read:

Subd. 2a.

American Indian education aid.

(a) The American Indian education aid for
an eligible district new text begin , charter school, new text end or Tribal contract school equals the greater of (1) the
sum of $20,000 plus the product of $358 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 , charter school, new text end or Tribal contract school's actual expenditure according to the
approved plan under subdivision 2.

Sec. 15.

Minnesota Statutes 2020, section 124D.81, subdivision 5, is amended to read:

Subd. 5.

Records.

Participating schools and districts 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 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.

Sec. 16.

Minnesota Statutes 2020, section 124D.81, is amended by adding a subdivision
to read:

new text begin Subd. 8. 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, 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 districts, charter schools, and Tribal
contract schools for the subsequent school year.
new text end

Sec. 17.

Minnesota Statutes 2020, section 124D.8957, subdivision 19, is amended to read:

Subd. 19.

Free or reduced-price deleted text begin lunch deleted text end new text begin meal new text end eligibility.

The parental right to opt a
child out of disclosing a child's eligibility for free or reduced-price deleted text begin lunch deleted text end new text begin meals new text end to the
Department of Education and the Department of Human Services is governed by section
124D.1115.

Sec. 18.

Minnesota Statutes 2020, section 125A.76, subdivision 2a, is amended to read:

Subd. 2a.

Special education initial aid.

For fiscal year 2021 and later, a district's special
education initial aid equals the sum of:

(1) the least of 62 percent of the district's old formula special education expenditures
for the prior fiscal year, excluding pupil transportation expenditures, 50 percent of the
district's nonfederal special education expenditures for the prior year, excluding pupil
transportation expenditures, or 56 percent of the product of the sum of the following amounts,
computed using prior fiscal year data, and the program growth factor:

(i) the product of the district's average daily membership served and the sum of:

(A) $460; plus

(B) $405 times the ratio of the sum of the number of pupils enrolled on October 1 who
are eligible to receive free deleted text begin lunch deleted text end new text begin meals new text end plus one-half of the pupils enrolled on October 1
who are eligible to receive reduced-price deleted text begin lunch deleted text end new text begin meals new text end to the total October 1 enrollment;
plus

(C) .008 times the district's average daily membership served; plus

(ii) $13,300 times the December 1 child count for the primary disability areas of autism
spectrum disorders, developmental delay, and severely multiply impaired; plus

(iii) $19,200 times the December 1 child count for the primary disability areas of deaf
and hard-of-hearing and emotional or behavioral disorders; plus

(iv) $25,200 times the December 1 child count for the primary disability areas of
developmentally cognitive mild-moderate, developmentally cognitive severe-profound,
physically impaired, visually impaired, and deafblind; plus

(2) the cost of providing transportation services for children with disabilities under
section 123B.92, subdivision 1, paragraph (b), clause (4).

Sec. 19.

Minnesota Statutes 2021 Supplement, section 126C.05, subdivision 3, is amended
to read:

Subd. 3.

Compensation revenue pupil units.

Compensation revenue pupil units must
be computed according to this subdivision.

(a) The compensation revenue concentration percentage for each building in a district
equals the product of 100 times the ratio of:

(1) the sum of the number of pupils enrolled in the building eligible to receive free deleted text begin lunch deleted text end new text begin
meals new text end plus one-half of the pupils eligible to receive deleted text begin reduced priced lunch deleted text end new text begin reduced-price
meals new text end on October 1 of the previous fiscal year; to

(2) the number of pupils enrolled in the building on October 1 of the previous fiscal
year.

(b) The compensation revenue pupil weighting factor for a building equals the lesser of
one or the quotient obtained by dividing the building's compensation revenue concentration
percentage by 80.0.

(c) The compensation revenue pupil units for a building equals the product of:

(1) the sum of the number of pupils enrolled in the building eligible to receive free deleted text begin lunch deleted text end new text begin
meals new text end and one-half of the pupils eligible to receive deleted text begin reduced priced lunch deleted text end new text begin reduced-price
meals new text end on October 1 of the previous fiscal year; times

(2) the compensation revenue pupil weighting factor for the building; times

(3) .60.

(d) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten programs under
section 124D.151, charter schools, and contracted alternative programs in the first year of
operation, compensation revenue pupil units shall be computed using data for the current
fiscal year. If the voluntary prekindergarten program, charter school, or contracted alternative
program begins operation after October 1, compensatory revenue pupil units shall be
computed based on pupils enrolled on an alternate date determined by the commissioner,
and the compensation revenue pupil units shall be prorated based on the ratio of the number
of days of student instruction to 170 days.

(e) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten seats discontinued
in fiscal year 2024 due to the reduction in the participation limit under section 124D.151,
subdivision 6, those discontinued seats must not be used to calculate compensation revenue
pupil units for fiscal year 2024.

(f) The percentages in this subdivision must be based on the count of individual pupils
and not on a building average or minimum.

Sec. 20.

Minnesota Statutes 2020, section 126C.05, subdivision 16, is amended to read:

Subd. 16.

Free and reduced-price deleted text begin lunches deleted text end new text begin meals new text end .

The commissioner shall determine
the number of children eligible to receive either a free or reduced-price deleted text begin lunch deleted text end new text begin meals new text end on
October 1 each year. Children enrolled in a building on October 1 and determined to be
eligible to receive free or reduced-price deleted text begin lunch deleted text end new text begin meals new text end by December 15 of that school year
shall be counted as eligible on October 1 for purposes of subdivision 3. The commissioner
may use federal definitions for these purposes and may adjust these definitions as appropriate.
The commissioner may adopt reporting guidelines to assure accuracy of data counts and
eligibility. Districts shall use any guidelines adopted by the commissioner.

Sec. 21.

Minnesota Statutes 2020, section 136A.055, is amended to read:

136A.055 DEVELOPMENTAL EDUCATION REPORTING.

(a) The commissioner must report on the department's website the following summary
data on students who graduated from a Minnesota high school and are attending a public
postsecondary institution in Minnesota, limited to the most recent academic school year:

(1) the number of students placed in supplemental or developmental education;

(2) the number of students who complete supplemental or developmental education
within one academic year;

(3) the number of students that complete gateway courses in one academic year; and

(4) time to complete a degree or certificate at a postsecondary institution.

(b) Summary data must be aggregated by school district, high school, and postsecondary
institution. Summary data must be disaggregated by race, ethnicity, free or reduced-price
deleted text begin lunch deleted text end new text begin meal new text end eligibility, and age.

(c) The commissioner must post the initial data on the department's website on or before
February 15, 2018, and must update the data at least annually thereafter.

Sec. 22.

Minnesota Statutes 2020, section 136A.861, subdivision 2, is amended to read:

Subd. 2.

Eligible students.

(a) Eligible students include students in grades six through
12 who meet one or more of the following criteria:

(1) are counted under section 1124(c) of the Elementary and Secondary Education Act
of 1965 (Title I);

(2) are eligible for free or reduced-price deleted text begin lunch deleted text end new text begin meals new text end under the National School Lunch
Act;

(3) receive assistance under the Temporary Assistance for Needy Families Law (Title
I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996); or

(4) are a member of a group traditionally underrepresented in higher education.

(b) Eligible undergraduate students include those who met the student eligibility criteria
as 6th through 12th graders.

Sec. 23.

Minnesota Statutes 2020, section 256.962, subdivision 3, is amended to read:

Subd. 3.

Application and assistance.

(a) The Minnesota health care programs application
must be made available at provider offices, local human services agencies, school districts,
public and private elementary schools in which 25 percent or more of the students receive
free or deleted text begin reduced price lunches deleted text end new text begin reduced-price meals new text end , community health offices, Women,
Infants and Children (WIC) program sites, Head Start program sites, public housing councils,
child care centers, early childhood education and preschool program sites, legal aid offices,
and libraries. The commissioner shall ensure that applications are available in languages
other than English.

(b) Local human service agencies, hospitals, and health care community clinics receiving
state funds must provide direct assistance in completing the application form, including the
free use of a copy machine and a drop box for applications. These locations must ensure
that the drop box is checked at least weekly and any applications are submitted to the
commissioner. The commissioner shall provide these entities with an identification number
to stamp on each application to identify the entity that provided assistance. Other locations
where applications are required to be available shall either provide direct assistance in
completing the application form or provide information on where an applicant can receive
application assistance.

(c) Counties must offer applications and application assistance when providing child
support collection services.

(d) Local public health agencies and counties that provide immunization clinics must
offer applications and application assistance during these clinics.

(e) The commissioner shall coordinate with the commissioner of health to ensure that
maternal and child health outreach efforts include information on Minnesota health care
programs and application assistance, when needed.

Sec. 24.

Minnesota Statutes 2020, section 256L.05, subdivision 1, is amended to read:

Subdivision 1.

Application assistance and information availability.

(a) Applicants
may submit applications online, in person, by mail, or by phone in accordance with the
Affordable Care Act, and by any other means by which medical assistance applications may
be submitted. Applicants may submit applications through MNsure or through the
MinnesotaCare program. Applications and application assistance must be made available
at provider offices, local human services agencies, school districts, public and private
elementary schools in which 25 percent or more of the students receive free or deleted text begin reduced price
lunches deleted text end new text begin reduced-price meals new text end , community health offices, Women, Infants and Children
(WIC) program sites, Head Start program sites, public housing councils, crisis nurseries,
child care centers, early childhood education and preschool program sites, legal aid offices,
and libraries, and at any other locations at which medical assistance applications must be
made available. These sites may accept applications and forward the forms to the
commissioner or local county human services agencies that choose to participate as an
enrollment site. Otherwise, applicants may apply directly to the commissioner or to
participating local county human services agencies.

(b) Application assistance must be available for applicants choosing to file an online
application through MNsure.

Sec. 25. new text begin EXPIRATION OF REPORT MANDATES.
new text end

new text begin (a) If the submission of a report by the commissioner of education to the legislature is
mandated by statute and the enabling legislation does not include a date for the submission
of a final report, the mandate to submit the report shall expire in accordance with this section.
new text end

new text begin (b) If the mandate requires the submission of an annual report and the mandate was
enacted before January 1, 2022, the mandate shall expire on January 1, 2024. If the mandate
requires the submission of a biennial or less frequent report and the mandate was enacted
before January 1, 2022, the mandate shall expire on January 1, 2025.
new text end

new text begin (c) Any reporting mandate enacted on or after January 1, 2022, shall expire three years
after the date of enactment if the mandate requires the submission of an annual report and
shall expire five years after the date of enactment if the mandate requires the submission
of a biennial or less frequent report unless the enacting legislation provides for a different
expiration date.
new text end

new text begin (d) The commissioner shall submit a list to the chairs and ranking minority members of
the legislative committee with jurisdiction over education by February 15 of each year,
beginning February 15, 2022, of all reports set to expire during the following calendar year
in accordance with this section.
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. 26. new text begin REVISOR INSTRUCTION.
new text end

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

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

APPENDIX

Repealed Minnesota Statutes: 22-04685

120B.35 STUDENT ACADEMIC ACHIEVEMENT AND GROWTH.

Subd. 5.

Improving graduation rates for students with emotional or behavioral disorders.

(a) A district must develop strategies in conjunction with parents of students with emotional or behavioral disorders and the county board responsible for implementing sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in school, when the district has a drop-out rate for students with an emotional or behavioral disorder in grades 9 through 12 exceeding 25 percent.

(b) A district must develop a plan in conjunction with parents of students with emotional or behavioral disorders and the local mental health authority to increase the graduation rates of students with emotional or behavioral disorders. A district with a drop-out rate for children with an emotional or behavioral disturbance in grades 9 through 12 that is in the top 25 percent of all districts shall submit a plan for review and oversight to the commissioner.