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HF 3634

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 04:45pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; requiring mental health screening for students; creating
student mental health supports revenue; appropriating money; amending Minnesota
Statutes 2020, sections 124E.20, subdivision 1; 126C.10, subdivision 1, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 121A.

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

Section 1.

new text begin [121A.245] MENTAL HEALTH SCREENING.
new text end

new text begin Subdivision 1. new text end

new text begin Screening required. new text end

new text begin A school district or charter school must develop a
plan to conduct evidence-based mental health screenings on students in kindergarten through
grade 12. This requirement applies to districts and charter schools that have received funding
under section 126C.10, subdivision 38, to hire student mental health support staff. "Student
mental health support staff" as used in this section means school psychologists, school social
workers, school nurses, school counselors, and chemical dependency counselors.
new text end

new text begin Subd. 2. new text end

new text begin Parent notice. new text end

new text begin (a) A district or charter school must notify a student's parent of
the plan to conduct the screening, including the purpose of the screening and when the
screening will be conducted. A district or charter school must not conduct a mental health
screening on a student whose parent has not consented to the screening. "Parent" as used
in this section has the meaning provided in section 120A.22, subdivision 3.
new text end

new text begin (b) If the results of a student's screening indicate a potential mental health condition, the
district or charter school must notify the student's parent of the results and provide the parent
a copy of the results and a list of resources available to the student in the school or
community.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner assistance. new text end

new text begin The commissioner of education may provide districts
and charter schools with sample mental health screenings and other resources to assist them
with implementing mental health screenings under this section.
new text end

new text begin Subd. 4. new text end

new text begin Screening data. new text end

new text begin (a) A school district or charter school must not use the results
of mental health screenings to make any decision relating to the student's instruction or
academic opportunities, or student discipline.
new text end

new text begin (b) Records relating to mental health screenings must be maintained in accordance with
the Data Practices Act under chapter 13 and the Family Educational Rights and Privacy Act
of 1974, United States Code, title 20, section 1232(g).
new text end

new text begin (c) Notwithstanding section 138.17, mental health screening data collected by a school
district or charter school under this section must be destroyed the earlier of:
new text end

new text begin (1) the district or charter school notifying the student's parent of the results and resources
available to the student in the school or community in accordance with subdivision 2; or
new text end

new text begin (2) 60 days from the date of collection.
new text end

new text begin Subd. 5. new text end

new text begin Intermediate school districts and other cooperative units. new text end

new text begin For purposes of
this section, "school district" includes programs serving school age children operated by an
intermediate school district or other cooperative unit defined in section 123A.24, subdivision
2.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2020, section 124E.20, subdivision 1, is amended to read:


Subdivision 1.

Revenue calculation.

(a) General education revenue must be paid to a
charter school as though it were a district. The general education revenue for each adjusted
pupil unit is the state average general education revenue per pupil unit, plus the referendum
equalization aid allowance and first tier local optional aid allowance in the pupil's district
of residence, minus an amount equal to the product of the formula allowance according to
section 126C.10, subdivision 2, times .0466, calculated without declining enrollment revenue,
local optional revenue, basic skills revenue, extended time revenue, pension adjustment
revenue, transition revenue, and transportation sparsity revenue, plus declining enrollment
revenue, basic skills revenue, pension adjustment revenue, new text beginstudent mental health supports
revenue,
new text endand transition revenue as though the school were a school district.

(b) For a charter school operating an extended day, extended week, or summer program,
the general education revenue in paragraph (a) is increased by an amount equal to 25 percent
of the statewide average extended time revenue per adjusted pupil unit.

(c) Notwithstanding paragraph (a), the general education revenue for an eligible special
education charter school as defined in section 124E.21, subdivision 2, equals the sum of
the amount determined under paragraph (a) and the school's unreimbursed cost as defined
in section 124E.21, subdivision 2, for educating students not eligible for special education
services.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2020, section 126C.10, subdivision 1, is amended to read:


Subdivision 1.

General education revenue.

The general education revenue for each
district equals the sum of the district's basic revenue, extended time revenue, gifted and
talented revenue, declining enrollment revenue, local optional revenue, small schools
revenue, basic skills revenue, secondary sparsity revenue, elementary sparsity revenue,
transportation sparsity revenue, total operating capital revenue, equity revenue, pension
adjustment revenue, new text beginstudent mental health supports revenue, new text endand transition revenue.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2020, section 126C.10, is amended by adding a subdivision to
read:


new text begin Subd. 38. new text end

new text begin Student mental health supports. new text end

new text begin (a) A school district or charter school is
eligible for student mental health supports revenue to hire student mental health support
staff, as defined in section 121A.245. In order to receive revenue under this subdivision, a
district or charter school must report to the commissioner of education the number of student
mental health support staff employed by the district or charter school in the 2021-2022
school year, the number of new positions eligible for funding with student mental health
supports revenue, and the salary and benefits of the personnel in the new positions.
new text end

new text begin (b) A district or charter school is eligible to receive an amount of money sufficient to
fund two full-time student mental health support staff positions for each 2,000 or fewer
students.
new text end

new text begin (c) For purposes of this section, the amount sufficient to fund a student mental health
support staff position is equal to the statewide average salary and benefit amount for student
mental health support staff for the previous year.
new text end

new text begin (d) A school district or charter school may use student mental health supports revenue
to contract for mental health support services for students. The district must report to the
commissioner the costs for contracted services in the 2021-2022 school year and increased
costs thereafter.
new text end

new text begin (e) For purposes of this subdivision, "school district" includes programs serving school
age children operated by an intermediate school district or other cooperative unit defined
in section 123A.24, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5. new text beginAPPROPRIATIONS; ADDITIONAL GENERAL EDUCATION AID FOR
STUDENT MENTAL HEALTH SUPPORTS.
new text end

new text begin (a) $....... in fiscal year 2023 is appropriated from the general fund to the Department of
Education for additional general education aid for the amounts required under section 4.
new text end

new text begin (b) The commissioner may pay the general education student mental health support aid
directly to intermediate school districts and other cooperative units defined in Minnesota
Statutes, section 123A.24, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

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