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HF 4

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/25/2021 07:32pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education finance; implementing actions to combat the educational
effects of COVID-19; appropriating money; amending Minnesota Statutes 2020,
section 126C.05, subdivision 5; Laws 2019, First Special Session chapter 11, article
1, section 25, subdivision 2, as amended.

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

ARTICLE 1

K-12 COVID-19 ACTIONS

Section 1.

Minnesota Statutes 2020, section 126C.05, subdivision 5, is amended to read:


Subd. 5.

Adjusted pupil units.

new text begin(a) new text endAdjusted pupil units for a district or charter school
means the sum of:

(1) the number of pupil units served, according to subdivision 7, plus

(2) pupil units according to subdivision 1 for whom the district or charter school pays
tuition under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4
, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, minus

(3) pupil units according to subdivision 1 for whom the district or charter school receives
tuition under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4
, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65.

new text begin (b) Notwithstanding paragraph (a), for the 2020-2021 school year only, for purposes of
calculating general education revenue only, a school district's or charter school's adjusted
pupil units equals the greater of the amount calculated under paragraph (a) for fiscal year
2020 or the amount calculated under paragraph (a) for fiscal year 2021.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Laws 2019, First Special Session chapter 11, article 1, section 25, subdivision 2,
as amended by Laws 2020, chapter 116, article 6, section 1, is amended to read:


Subd. 2.

General education aid.

For general education aid under Minnesota Statutes,
section 126C.13, subdivision 4:

$
7,347,424,000
.....
2020
$
deleted text begin 7,509,639,000
deleted text end new text begin .......
new text end
.....
2021

The 2020 appropriation includes $700,383,000 for 2019 and $6,647,041,000 for 2020.

The 2021 appropriation includes $711,885,000 for 2020 and deleted text begin$6,797,754,000deleted text endnew text begin $.......new text end for
2021.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3. new text beginONETIME EXTENDED TIME FLEXIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin School board resolution. new text end

new text begin A school board may adopt a written resolution
to provide extended school day and school year programming to its students from the
effective date of this act to August 30, 2021, in the form and manner determined by the
school board to address the educational services disruption caused by COVID-19 impacts.
new text end

new text begin Subd. 2. new text end

new text begin Hours of instruction. new text end

new text begin Notwithstanding any law to the contrary, a student's
hours of instruction in an extended time program authorized under this section are eligible
hours under Minnesota Statutes, section 126C.05, subdivisions 8 and 15, and must be
included in the revenue calculation under Minnesota Statutes, section 126C.10, subdivision
2a.
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. 4. new text beginSTUDENTS WITH DISABILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin On-site instruction. new text end

new text begin A school board developing or updating a plan to
provide on-site instruction to students must prioritize on-site instruction for a student whose
individualized education program requires instruction in a federal level three or four setting,
and a student with a disability who is also identified as an English learner in accordance
with Minnesota Statutes, section 124D.59.
new text end

new text begin Subd. 2. new text end

new text begin Home visits. new text end

new text begin A school district may provide services required by an
individualized education program to a student at the student's home. If a district chooses to
provide services at a student's home under this subdivision, the services provided by district
staff under this subdivision are determined necessary and essential to meet the district's
obligation to provide special instruction and services to a student with a disability and qualify
for funding in accordance with Minnesota Statutes, chapter 125A.
new text end

new text begin Subd. 3. new text end

new text begin Truancy. new text end

new text begin A school district must consider how a student's disability may affect
the student's ability to engage in distance instruction when determining whether to refer a
student for truancy programs and services under Minnesota Statutes, section 260A.02,
subdivision 3, or reporting students for educational neglect under Laws 2020, First Special
Session chapter 2, article 7.
new text end

new text begin Subd. 4. new text end

new text begin Transition program. new text end

new text begin A school district must allow a student participating in a
special education secondary transition program for a student with a disability and age 18
through 21, who was expected to participate in employment, in-person job training, or
independent life skills training during the 2020-2021 school year in accordance with the
student's individualized education program, to participate during the 2021-2022 school year
notwithstanding the student's age.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5. new text beginAPPROPRIATION; EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

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

new text begin Subd. 2. new text end

new text begin Full-service community schools. new text end

new text begin (a) For expedited grants for full-service
community schools:
new text end

new text begin $
new text end
new text begin 2,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) The commissioner may award full-service community school grants to school sites
in the form and manner determined by the commissioner. The commissioner must consider
the effect of the COVID-19 pandemic on the community served by the school site, including
racial and ethnic disparities exacerbated by the pandemic, when awarding grants to school
sites. The commissioner may establish a minimum grant amount. To the extent practicable,
grants must be consistent with Minnesota Statutes, section 124D.231.
new text end

new text begin (c) A school site that receives a grant must plan to implement a full-service community
school model at that school site during the 2021-2022 school year with a focus on eliminating
existing disparities including those potentially exacerbated by the impact of COVID-19.
new text end

new text begin (d) Up to $50,000 is for administration of this program.
new text end

new text begin (e) This appropriation is available until August 30, 2021.
new text end

new text begin Subd. 3. new text end

new text begin Trauma-informed school incentive grants. new text end

new text begin (a) For grants to fund
trauma-informed and systematic professional development for all staff who work with
students, including all principals and administrators, to support students with adverse
childhood experiences, and to promote restorative practices and nonexclusionary discipline
in schools:
new text end

new text begin $
new text end
new text begin 6,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) An eligible site may receive a grant equal to $40 times the number of pupils enrolled
at the site on October 1 of the previous fiscal year.
new text end

new text begin (c) The commissioner shall select schools to receive grants. A school district may apply
for a grant in the form and manner specified by the commissioner. The commissioner must
prioritize grants to schools within districts with large discipline disparities identified by the
Department of Human Rights.
new text end

new text begin (d) Trauma-informed support program plans and allocation of grant funds must be
negotiated by a school district and an exclusive representative of the teachers. Plans to
implement trauma-informed support programs must include strategies to address traumatic
stress students experienced as a result of the COVID-19 pandemic, including stress related
to interrupted instruction, and to mitigate learning loss. Plans may include:
new text end

new text begin (1) training in trauma-responsive practices;
new text end

new text begin (2) training about adverse childhood experiences;
new text end

new text begin (3) extra professional development days; or
new text end

new text begin (4) other outreach to students or families who have experienced trauma or adverse
childhood experiences.
new text end

new text begin (e) A school district and an exclusive representative of the teachers must jointly assess
the outcomes of the program supported by the grant. The assessment must include data on
suspensions and expulsions, attendance, and academic achievement and growth. A report
describing the assessment must be submitted to the commissioner according to the timeline
established by the commissioner.
new text end

new text begin (f) Up to $50,000 is for administration of this program.
new text end

new text begin (g) This appropriation is available until June 30, 2022.
new text end

new text begin Subd. 4. new text end

new text begin Math corps. new text end

new text begin (a) For Minnesota math corps under Minnesota Statutes, section
124D.42, subdivision 9:
new text end

new text begin $
new text end
new text begin 3,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) This grant must be used to provide services to students in any grade to reduce math
deficiencies related to the effects of the COVID-19 pandemic.
new text end

new text begin (c) This grant is in addition to any other revenue received for this purpose.
new text end

new text begin (d) This appropriation is available until June 30, 2022.
new text end

new text begin Subd. 5. new text end

new text begin Reading corps. new text end

new text begin (a) For Minnesota reading corps:
new text end

new text begin $
new text end
new text begin 2,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) This grant must be used to provide childhood literacy services consistent with Laws
2019, First Special Session chapter 11, article 2, section 33, subdivision 8.
new text end

new text begin (c) This grant is to provide services to students to reduce reading deficiencies related to
the effects of the COVID-19 pandemic and is in addition to any other revenue received for
this purpose.
new text end

new text begin (d) This appropriation is available until June 30, 2022.
new text end

new text begin Subd. 6. new text end

new text begin Onetime school board-determined extended time programming. new text end

new text begin (a) For
extended time activities authorized in section 3:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) This appropriation is available until June 30, 2022.
new text end

new text begin Subd. 7. new text end

new text begin After-school community learning programs. new text end

new text begin (a) For a grant to Ignite
Afterschool for community learning programs:
new text end

new text begin $
new text end
new text begin 5,000,000
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) Grant funds must be used to provide academic and enrichment activities in the
2020-2021 school year and the summer of 2021 to elementary and secondary school students
who experienced learning loss during the 2020-2021 school year. Programs receiving funds
must provide student supports through social and emotional learning.
new text end

new text begin (c) Ignite Afterschool must use half of the grant funds to expand existing after-school
and summer programs, and half of the grant funds to develop new partnerships with
organizations that provide after-school programming. To the extent practicable, Ignite
Afterschool must ensure that half of the grant funds are used for programs in the seven-county
metropolitan area and half of the grant funds are used for programs outside the seven-county
metropolitan area.
new text end

new text begin (d) Ignite Afterschool must prioritize funding for programs that:
new text end

new text begin (1) provide programming to support students in receiving instruction in a distance or
hybrid learning model;
new text end

new text begin (2) include significant percentages of students with disabilities or students of color within
the groups of students served;
new text end

new text begin (3) provide culturally specific support to students; or
new text end

new text begin (4) have staff members who reflect the racial and ethnic diversity of the students served.
new text end

new text begin (e) Ignite Afterschool must report to the commissioner of education whether the programs
that received grant funds met the criteria in paragraph (d) and the amount that each program
received, and must require organizations receiving grant funds to report to the commissioner
of education on the number of students served, including the number of students with
disabilities or students of color served, and how the program addressed learning loss.
new text end

new text begin (f) This appropriation is available until June 30, 2022.
new text end

new text begin Subd. 8. new text end

new text begin Summer program grants. new text end

new text begin (a) For grants to school districts to provide instruction
and support to students with disabilities in the summer of 2021:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) A district must offer programming to students with disabilities regardless of whether
a student's individualized education program requires the district to provide instruction and
support to the student during the summer. Grant funds may be used to pay for teacher and
staff wages, instructional materials, and personal protective equipment for district staff.
new text end

new text begin (c) This appropriation is available until August 30, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 2

FEDERAL FUNDS

Section 1. new text beginFEDERAL FUNDS REPLACEMENT; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Suspension of statutory appropriation. new text end

new text begin The appropriation in Minnesota
Statutes, section 4.07, subdivision 3, does not apply to the portion of any federal funds for
COVID-19 received by the state of Minnesota between the effective date of this act and
June 30, 2023, for which an education aid or grant in this act is an eligible expenditure.
Federal funding for which this section applies shall not be used for any other purpose.
new text end

new text begin Subd. 2. new text end

new text begin Aid reduction. new text end

new text begin Notwithstanding any law to the contrary, if the state of Minnesota
receives federal funds for COVID-19 between the effective date of this act and June 30,
2023, that qualify as an eligible expenditure under subdivision 1, the commissioner must
reduce the state aid for that program or grant for fiscal years 2021 and 2022 according to
this subdivision. The total aids and grants must be reduced by an amount up to, but not
greater than, the amount of revenue certified under this act. The aid reduction must be
allocated among school districts and charter schools in proportion to the amounts certified
by the commissioner under this act for the school district, charter school, or grantee. If
federal funds available for appropriation under this section are not sufficient to replace the
entire amount certified under this act, the commissioner must reduce the aid and grant
amounts for fiscal years 2021 and 2022 only by the amount of the federal funds available
for appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Appropriation. new text end

new text begin The commissioner must offset the state aid reductions for each
school district and charter school under subdivision 2 with an equal amount of federal aid.
An amount equal to each reduction under subdivision 2 is appropriated from the federal
fund for the original purposes of providing replacement aid to school districts and charter
schools. Any appropriation of federal funds under this subdivision is a onetime appropriation.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin This section does not apply to federal funds after the general fund
appropriations in this act have been reduced and federal funds have been appropriated for
the same purpose.
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