MN Legislature

Accessibility menu

Bills use visual text formatting such as stricken text to denote deleted language, and underlined text to denote new language. For users of the jaws screenreader it is recommended to configure jaws to use the proofreading scheme which will alter the pitch of the reading voice when reading stricken and underlined text. Instructions for configuring your jaws reader are provided by following this link.
If you can not or do not wish to configure your screen reader, deleted language will begin with the phrase "deleted text begin" and be followed by the phrase "deleted text end", new language will begin with the phrase "new text begin" and be followed by "new text end". Skip to text of HF 4328.

Menu

Revisor of Statutes Menu

HF 4328

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 04/27/2018 08:41am

KEY: stricken = removed, old language. underscored = added, new language.

Pdf

Rtf

Version List Authors and Status

Current Version - 3rd Engrossment

A bill for an act
relating to education; providing for the financing of early childhood through higher
education, including general education; student and school safety; education
excellence; teachers; special education; facilities, technology, and libraries;
nutrition; early childhood and family support; community education, prevention,
self-sufficiency, and lifelong learning; state agencies; making forecast adjustments;
modifying certain higher education policy provisions; making clarifying changes
to loan forgiveness and research grant programs; and modifying the regent candidate
selection process; requiring reports; appropriating money; amending Minnesota
Statutes 2016, sections 120A.20, subdivision 2; 120A.22, subdivision 12; 120B.021,
by adding a subdivision; 120B.024, subdivision 1; 120B.11, subdivisions 1, 1a,
2, 5, 9; 120B.12, as amended; 120B.232, by adding a subdivision; 120B.299,
subdivision 10; 120B.30, subdivisions 1a, 3; 120B.36, subdivision 2; 121A.39;
121A.41, by adding a subdivision; 121A.45, subdivision 1; 121A.46, by adding
subdivisions; 121A.47, subdivisions 2, 14; 121A.53, subdivision 1; 121A.55;
121A.61, subdivision 2; 121A.67, by adding a subdivision; 122A.42; 122A.71,
subdivision 2; 123B.14, subdivision 7; 123B.41, subdivision 5; 123B.52,
subdivision 6; 123B.595, as amended; 123B.61; 124D.09, subdivision 4; 124D.111;
124D.151, subdivision 2, by adding a subdivision; 124D.162; 124D.78, subdivision
2; 124D.83, subdivision 1; 124D.98; 124E.03, subdivision 5; 125A.76, subdivision
1; 125B.07, subdivision 6; 126C.15, subdivision 5, by adding a subdivision;
126C.44; 127A.41, as amended; 127A.45, subdivisions 11, 16; 127A.70,
subdivision 2; 134.355, subdivision 10; 135A.15, subdivisions 2, 6; 136A.15,
subdivision 8; 136A.16, subdivisions 1, 2, 5, 8, 9; 136A.162; 136A.1701,
subdivision 7; 136A.1702; 136A.1791, subdivision 8; 136A.1795, subdivision 2;
136A.822, subdivision 10; 136A.901, by adding a subdivision; 137.0245; 137.0246;
171.02, subdivision 2a; 205A.07, subdivision 2; 245C.02, by adding a subdivision;
245C.12; 299C.17; 471.59, subdivision 1; 475.58, subdivision 4; 609.095; 626.556,
subdivision 10; 631.40, subdivision 1a; Minnesota Statutes 2017 Supplement,
sections 120B.021, subdivision 1; 120B.122, subdivision 1; 120B.125; 120B.30,
subdivision 1; 120B.35, subdivision 3; 120B.36, subdivision 1; 121A.335,
subdivisions 3, 5; 122A.09, subdivision 2, by adding a subdivision; 122A.18,
subdivision 8; 122A.187, subdivision 3, by adding a subdivision; 122A.20,
subdivisions 1, 2; 122A.40, subdivision 13; 122A.41, subdivision 6; 123B.03,
subdivisions 1, 2; 123B.41, subdivision 2; 123B.52, subdivision 7; 124D.09,
subdivision 3; 124D.151, subdivisions 5, 6; 124D.165, subdivisions 2, 3, 4;
124D.549; 124D.83, subdivision 2; 124D.99, subdivision 3; 124E.11; 126C.05,
subdivision 1; 136A.1275, subdivisions 2, 3; 136A.1789, subdivision 2; 136A.246,
subdivision 4; 136A.646; 136A.822, subdivision 6; 136A.8295, by adding a
subdivision; 155A.30, subdivision 12; 171.02, subdivision 2b; 171.3215,
subdivisions 2, 3; 475.59, subdivision 1; 609A.03, subdivision 7a; 626.556,
subdivisions 2, 3, 10e; Laws 2016, chapter 189, article 25, sections 61; 62,
subdivision 15; Laws 2017, chapter 89, article 1, section 2, subdivisions 18, 20,
29, 31, 32, 33, 34; Laws 2017, First Special Session chapter 5, article 1, section
19, subdivisions 2, 3, 4, 5, 6, 7, 9; article 2, sections 56; 57, subdivisions 2, 3, 4,
5, 6, 12, 14, 21, 23, 24, 26; article 4, sections 11; 12, subdivisions 2, as amended,
3, 4, 5; article 5, section 14, subdivisions 2, 3; article 6, section 3, subdivisions 2,
3, 4; article 7, section 2, subdivision 5; article 8, sections 9, subdivisions 2, 5, 6;
10, subdivisions 3, 5a, 6, 12; article 9, section 2, subdivisions 2, 7; article 10,
section 6, subdivision 2; article 11, sections 9; 12; 13; proposing coding for new
law in Minnesota Statutes, chapters 120B; 121A; 122A; 125A; 125B; 136A; 245C;
299C; repealing Minnesota Statutes 2016, sections 120B.299, subdivisions 7, 8,
9, 11; 136A.15, subdivisions 2, 7; 136A.1701, subdivision 12; Minnesota Statutes
2017 Supplement, section 122A.09, subdivision 1; Laws 2017, First Special Session
chapter 5, article 8, section 8; Minnesota Rules, parts 8700.7620; 8710.0300,
subparts 1, 1a, 2, 2a, 2b, 3, 5, 6, 7, 8, 9, 10, 11; 8710.1000; 8710.1050; 8710.1250;
8710.1400; 8710.1410; 8710.2100, subparts 1, 2.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2017 Supplement, section 123B.41, subdivision 2, is amended
to read:


Subd. 2.

Textbook.

(a) "Textbook" means any book or book substitute, including
electronic books as well as other printed materials delivered electronically, which a pupil
uses as a text or text substitute in a particular class or program in the school regularly
attended and a copy of which is expected to be available for the individual use of each pupil
in this class or program. Textbook includes an online book with an annual subscription cost.
Textbook includes a teacher's edition or teacher's guide that accompanies a textbook that a
pupil uses.

(b) For purposes of calculating the annual nonpublic pupil aid entitlement for textbooks,
the term shall be limited to books, workbooks, or manuals, whether bound or in loose-leaf
form, as well as electronic books and other printed materials delivered electronically,
intended for use as a principal source of study material for a given class or a group of
students.

(c) For purposes of sections 123B.40 to 123B.48, the terms "textbook" and "software
or other educational technology" include only such secular, neutral, and nonideological
materials as are available, used by, or of benefit to Minnesota public school pupils.

EFFECTIVE DATE.

This section is effective for revenue in fiscal year 2019 and later.

Sec. 2.

Minnesota Statutes 2016, section 123B.41, subdivision 5, is amended to read:


Subd. 5.

Individualized instructional or cooperative learning materials.

"Individualized instructional or cooperative learning materials" means educational materials
which:

(a) (1) are designed primarily for individual pupil use or use by pupils in a cooperative
learning group in a particular class or program in the school the pupil regularly attends,
including a teacher's edition or teacher's guide that accompanies materials that a pupil uses
;

(b) (2) are secular, neutral, nonideological and not capable of diversion for religious
use; and

(c) (3) are available, used by, or of benefit to Minnesota public school pupils.

Subject to the requirements in clauses (a) (1), (b) (2), and (c) (3), "individualized
instructional or cooperative learning materials" include, but are not limited to, the following
if they do not fall within the definition of "textbook" in subdivision 2: published materials;
periodicals; documents; pamphlets; photographs; reproductions; pictorial or graphic works;
prerecorded video programs; prerecorded tapes, cassettes and other sound recordings;
manipulative materials; desk charts; games; study prints and pictures; desk maps; models;
learning kits; blocks or cubes; flash cards; individualized multimedia systems; prepared
instructional computer software programs; choral and band sheet music; electronic books
and other printed materials delivered electronically; and CD-Rom.

"Individualized instructional or cooperative learning materials" do not include
instructional equipment, instructional hardware, or ordinary daily consumable classroom
supplies.

Sec. 3.

Minnesota Statutes 2017 Supplement, 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 accredited
opportunities industrialization center accredited by the North Central Association of Colleges
and Schools
, or a private, residential, two-year or four-year, liberal arts, degree-granting
college or university located in Minnesota.

(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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 4.

Minnesota Statutes 2016, section 124D.09, subdivision 4, is amended to read:


Subd. 4.

Alternative pupil.

(a) "Alternative pupil" means an a 10th, 11th, or 12th grade
student, subject to paragraph (b), who is not enrolled in a public school district, and includes .
Alternative pupil includes
students attending nonpublic schools and students who are home
schooled. An alternative pupil is considered a pupil for purposes of this section only. An
alternative pupil must register with the commissioner of education before participating in
the postsecondary enrollment options program. The commissioner shall must prescribe the
form and manner of the registration, in consultation with the Nonpublic Education Council
under section 123B.445, and may request any necessary information from the alternative
pupil.

(b) A 10th grade student qualifies as an alternative pupil if the student: (1) is enrolled
in a career or technical education course offered by an eligible institution; and (2) received
a passing score on the 8th grade Minnesota Comprehensive Assessment, or another reading
assessment accepted by the enrolling postsecondary institution. A career or technical
education course must meet the requirements under subdivision 5a. If an alternative pupil
in 10th grade receives a grade of "C" or better in the career or technical education course
taken under this subdivision, the postsecondary institution must allow the student to take
additional postsecondary courses for credit at that institution, not to exceed the limits in
subdivision 8.

EFFECTIVE DATE.

This section is effective for applications submitted on or after
July 1, 2018.

Sec. 5.

Minnesota Statutes 2016, section 126C.15, subdivision 5, is amended to read:


Subd. 5.

Annual expenditure report.

(a) Each year, a district that receives basic skills
revenue must submit a report to the commissioner of education identifying the expenditures
it incurred to meet the needs of eligible learners under subdivision 1.

(b) The report must:

(1) conform to uniform financial and reporting standards established for this purpose. ;

(2) categorize expenditures by each of the permitted uses authorized in subdivision 1,
in the form and manner specified by the commissioner; and

(3) report under section 120B.11, using valid and reliable data and measurement criteria,
the report also must determine whether increased expenditures raised student achievement
levels.

EFFECTIVE DATE.

This section is effective for reports issued after July 1, 2018.

Sec. 6.

Minnesota Statutes 2016, section 126C.15, is amended by adding a subdivision to
read:


Subd. 6.

Commissioner's report.

By February 15 of each year, the commissioner shall
compile the district data submitted under subdivision 5, report the results to the legislative
committees with jurisdiction over education, and file the report according to section 3.195.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 7.

Minnesota Statutes 2016, section 127A.41, as amended by Laws 2017, chapter 40,
article 1, section 16, and Laws 2017, First Special Session chapter 5, article 1, section 15,
is amended to read:


127A.41 DISTRIBUTION OF SCHOOL AIDS; APPROPRIATION.

Subdivision 1.

Commissioner duties.

The commissioner shall supervise distribution of
school aids and grants in accordance with law. The commissioner may make rules consistent
with law for the distribution to enable districts to perform efficiently the services required
by law and further education in the state, including reasonable requirements for the reports
and accounts to it as will assure accurate and lawful apportionment of aids. State and federal
aids and discretionary or entitlement grants distributed by the commissioner shall not be
subject to the contract approval procedures of the commissioner of administration or to
chapter 16A, 16B, or 16C. The commissioner shall adopt internal procedures for
administration and monitoring of aids and grants.

Subd. 2.

Errors in distribution.

On determining that the amount of state aid distributed
to a school district is in error or has been spent contrary to statutorily established revenue
uses
, the commissioner is authorized to adjust the amount of aid consistent with this
subdivision. On determining that the amount of aid is in excess of the school district's
entitlement, the commissioner is authorized to recover the amount of the excess by any
appropriate means. Notwithstanding the fiscal years designated by the appropriation, the
excess may be recovered by reducing future aid payments to the district. Notwithstanding
any law to the contrary, if the aid reduced is not of the same type as that overpaid, the district
must adjust all necessary financial accounts to properly reflect all revenues earned in
accordance with the uniform financial accounting and reporting standards pursuant to
sections 123B.75 to 123B.83. Notwithstanding the fiscal years designated by the
appropriation, on determining that the amount of an aid paid is less than the school district's
entitlement, the commissioner is authorized to increase such aid from the current
appropriation. If the aid program has been discontinued and has no appropriation, the
appropriation for general education shall be used for recovery or payment of the aid decrease
or increase. Any excess of aid recovery over aid payment shall be canceled to the state
general fund.

Subd. 3.

Audits.

The commissioner shall establish procedures for conducting and shall
conduct audits of district records and files for the purpose of verifying district pupil counts,
levy limitations, and aid entitlements, and appropriate revenue uses. The commissioner
shall establish procedures for selecting and shall select districts to be audited. Disparities,
if any, between pupil counts, levy limitations, or aid entitlements, or revenue uses determined
by audit of district records and files and data reported by districts in reports, claims and
other documents shall be reviewed by the commissioner who shall order increases or
decreases accordingly. The commissioner may reduce an allocation to a district or charter
school if the statutorily prescribed uses of the revenue are not being met.
Whenever possible,
the commissioner shall audit at least 25 50 districts each year pursuant to this subdivision.
Procedures adopted under this subdivision are not subject to chapter 14, including section
14.386, and may differ from the procedures under section 127A.42.

Subd. 4.

Less than 25 50 districts audited.

If the commissioner audits fewer than 25
50
districts in a fiscal year pursuant to subdivision 3, the commissioner shall report the
reasons for the number audited to the following legislative committees: house of
representatives education, house of representatives appropriations, senate education, and
senate finance.

Subd. 5.

District appeal of aid reduction; inspection of district schools and accounts
and records.

Public schools shall at all times be open to the inspection of the commissioner.
The accounts and records of any district must be open to inspection by the state auditor, or
the commissioner for the purpose of audits conducted under this section. Each district shall
keep for a minimum of three years at least the following: (1) identification of the annual
session days held, together with a record of the length of each session day, (2) a record of
each pupil's daily attendance, with entrance and withdrawal dates, and (3) identification of
the to-and-from school transportation category for each pupil as defined in section 123B.92,
subdivision 1
.

Subd. 7.

Schedule adjustments.

(a) It is the intention of the legislature to encourage
efficient and effective use of staff and facilities by districts. Districts are encouraged to
consider both cost and energy saving measures.

(b) Any district operating a program pursuant to sections 124D.12 to 124D.127 or
124D.128, or operating a commissioner-designated area learning center program under
section 123A.09, or that otherwise receives the approval of the commissioner to operate its
instructional program to avoid an aid reduction in any year, may adjust the annual school
schedule for that program throughout the calendar year.

Subd. 8.

Appropriation transfers.

(a) If a direct appropriation from the general fund
to the department for any education aid or grant authorized in this chapter and chapters
122A, 123A, 123B, 124D, 124E, 125A, 126C, and 134, excluding appropriations under
sections 124D.135, 124D.16, 124D.20, 124D.22, 124D.52, 124D.531, 124D.55, and 124D.56,
exceeds the amount required, the commissioner may transfer the excess to any education
aid or grant appropriation that is insufficient. However, section 126C.20 applies to a
deficiency in the direct appropriation for general education aid. Excess appropriations must
be allocated proportionately among aids or grants that have insufficient appropriations. The
commissioner of management and budget shall make the necessary transfers among
appropriations according to the determinations of the commissioner. If the amount of the
direct appropriation for the aid or grant plus the amount transferred according to this
subdivision is insufficient, the commissioner shall prorate the available amount among
eligible districts. The state is not obligated for any additional amounts.

(b) Transfers for aids paid under section 127A.45, subdivisions 12 and 13, shall be made
during the fiscal year after the fiscal year of the entitlement. Transfers for aids paid under
section 127A.45, subdivisions 11 and 12a, shall be made during the fiscal year of the
appropriation.

Subd. 9.

Appropriation transfers for community education programs.

If a direct
appropriation from the general fund to the Department of Education for an education aid
or grant authorized under section 124D.135, 124D.16, 124D.20, 124D.22, 124D.52,
124D.531, 124D.55, or 124D.56 exceeds the amount required, the commissioner of education
may transfer the excess to any education aid or grant appropriation that is insufficiently
funded under these sections. Excess appropriations shall be allocated proportionately among
aids or grants that have insufficient appropriations. The commissioner of management and
budget shall make the necessary transfers among appropriations according to the
determinations of the commissioner of education. If the amount of the direct appropriation
for the aid or grant plus the amount transferred according to this subdivision is insufficient,
the commissioner shall prorate the available amount among eligible districts. The state is
not obligated for any additional amounts.

Subd. 10.

Health and safety aid transfer.

The commissioner, with the approval of the
commissioner of management and budget, annually may transfer an amount from the
appropriation for health and safety aid to the appropriation for debt service aid for the same
fiscal year. The amount of the transfer equals the amount necessary to fund any shortage
in the debt service aid appropriation created by a data correction that occurs between
November 1 and June 30 of the preceding fiscal year.

EFFECTIVE DATE.

This section is effective for fiscal year 2019 and later.

Sec. 8.

Minnesota Statutes 2016, section 127A.45, subdivision 11, is amended to read:


Subd. 11.

Payment percentage for reimbursement aids.

One hundred percent of the
aid for the previous fiscal year must be paid in the current year for the following aids:
telecommunications/Internet access equity and according to section 125B.26, special
education special pupil aid according to section 125A.75, subdivision 3, aid for litigation
costs according to section 125A.75, subdivision 9,
aid for court-placed special education
expenses according to section 125A.79, subdivision 4, and aid for special education
out-of-state tuition according to section 125A.79, subdivision 8, and shared time aid
according to section 126C.01, subdivision 7.

Sec. 9.

Minnesota Statutes 2016, section 127A.45, subdivision 16, is amended to read:


Subd. 16.

Payments to third parties.

Notwithstanding subdivision 3, the current year
aid payment percentage of the amounts amount under sections 123A.26, subdivision 3, and
section
124D.041 , shall be paid in equal installments on August 30, December 30, and
March 30, with a final adjustment payment on October 30 of the next fiscal year of the
remaining amount.

Sec. 10.

Minnesota Statutes 2016, section 471.59, subdivision 1, is amended to read:


Subdivision 1.

Agreement.

(a) Two or more governmental units, by agreement entered
into through action of their governing bodies, may jointly or cooperatively exercise any
power common to the contracting parties or any similar powers, including those which are
the same except for the territorial limits within which they may be exercised. The agreement
may provide for the exercise of such powers by one or more of the participating governmental
units on behalf of the other participating units.

(b) The term "governmental unit" as used in this section includes every city, county,
town, school district, service cooperative under section 123A.21, independent nonprofit
firefighting corporation, other political subdivision of this or another state, another state,
federally recognized Indian tribe, the University of Minnesota, the Minnesota Historical
Society, nonprofit hospitals licensed under sections 144.50 to 144.56, rehabilitation facilities
and extended employment providers that are certified by the commissioner of employment
and economic development, day and supported employment services licensed under chapter
245D, and any agency of the state of Minnesota or the United States, and includes any
instrumentality of a governmental unit. For the purpose of this section, an instrumentality
of a governmental unit means an instrumentality having independent policy-making and
appropriating authority.

Sec. 11.

Laws 2017, First Special Session chapter 5, article 1, section 19, subdivision 2,
is amended to read:


Subd. 2.

General education aid.

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

$
7,032,051,000
7,078,769,000
.....
2018
$
7,227,809,000
7,239,221,000
.....
2019

The 2018 appropriation includes $686,828,000 for 2017 and $6,345,223,000
$6,391,941,000
for 2018.

The 2019 appropriation includes $705,024,000 $683,110,000 for 2018 and
$6,522,785,000 $6,556,111,000 for 2019.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 12. FUND TRANSFERS.

Subdivision 1.

Minnetonka school district.

(a) Notwithstanding Minnesota Statutes,
section 123B.79, 123B.80, or 124D.20, subdivision 10, on June 30, 2018, Independent
School District No. 276, Minnetonka, may permanently transfer up to $2,400,000 from its
community education reserve fund balance to its reserved for operating capital account in
the general fund.

(b) The transferred funds must be used only to design, construct, furnish, and equip an
early childhood classroom addition.

Subd. 2.

Ivanhoe school district.

Notwithstanding Minnesota Statutes, section 123B.79,
123B.80, or 124D.20, subdivision 10, on June 30, 2018, Independent School District No.
403, Ivanhoe, may permanently transfer up to $79,000 from its community education reserve
fund balance to its undesignated general fund.

Subd. 3.

Minneapolis school district.

(a) Notwithstanding Minnesota Statutes, section
123B.79, 123B.80, or 124D.20, subdivision 10, on June 30, 2018, Special School District
No. 1, Minneapolis, may permanently transfer up to $5,500,000 from its community
education reserve fund balance to its undesignated general fund.

(b) The transferred funds must be used only for school support services, including mental
health services.

Subd. 4.

Hopkins school district.

(a) Notwithstanding Minnesota Statutes, section
123B.79, 123B.80, or 124D.20, subdivision 10, on June 30, 2018, Independent School
District No. 270, Hopkins, may permanently transfer up to $500,000 from its community
education reserve fund balance to its reserved for operating capital account in the general
fund.

(b) The transferred funds must be used only to design, construct, furnish, and equip an
early childhood classroom addition.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 13. SCHOOL REVENUE GENERATION AND SPENDING; LEGISLATIVE
AUDITOR STUDY.

(a) The legislative auditor is requested to conduct a study of how students in
prekindergarten through grade 12 generate revenue and compare how that revenue is spent
and reported at the school level for a sample of school districts.

(b) The study shall focus on a sample of school districts and include the following topics:

(1) the extent to which the funding generated by students is spent at the school sites
those students attend;

(2) how district calculations of actual salaries for teachers and staff compare to average
salaries and how those calculations may impact per pupil expenditures at the school level;

(3) how per pupil expenditures within a given school district compare across school
sites, including expenditures to reduce class sizes, hire additional support staff, and support
other resources;

(4) the extent to which revenue sources for a given school district vary by school site,
including state and local funding and philanthropic and parent association funds;

(5) whether there is currently variation in reporting across schools in the Uniform
Financial Accounting and Reporting Standards (UFARS) system; and

(6) what steps the Department of Education can take to ensure consistent and accurate
UFARS reporting from schools and districts on school-level revenue and expenditures.

(c) The legislative auditor must deliver the study findings to the chairs and ranking
minority members of the legislative committees with primary jurisdiction over kindergarten
through grade 12 education no later than February 1, 2019.

Sec. 14. APPROPRIATIONS.

Subdivision 1.

Commissioner of education.

The sum indicated in this section is
appropriated from the general fund to the commissioner of education in the fiscal year
designated.

Subd. 2.

St. Cloud English language learner summer program.

(a) For a grant to
Independent School District No. 742, St. Cloud, for a summer language academy providing
targeted services and extended year programming for English language learners:

$
420,000
.....
2019

(b) A program funded under this subdivision must:

(1) provide a research-based language summer instructional program to help English
learners, as defined in Minnesota Statutes, section 124D.59, subdivision 2, acquire English
and achieve academic excellence;

(2) be consistent with English language development standards under Minnesota Rules,
parts 3501.1200 and 3501.1210; and

(3) provide instruction by a highly qualified teacher of English as a second language.

(c) Independent School District No. 742, St. Cloud, must report to the education
committees of the legislature by January 15, 2021, on the program's design, student
participation levels, and any measurable outcomes of the program.

(d) This is a onetime appropriation.

(e) This appropriation does not cancel and is available until June 30, 2021.

Subd. 3.

School bus safety campaign.

(a) For transfer to the commissioner of public
safety for an education and awareness campaign on passing school buses:

$
50,000
.....
2019

(b) This is a onetime appropriation.

(c) The campaign must be designed to: (1) help reduce occurrences of motor vehicles
unlawfully passing school buses; and (2) inform drivers about the safety of pupils boarding
and unloading from school buses, including (i) laws requiring a motor vehicle to stop when
a school bus has extended the stop-signal arm and is flashing red lights, and (ii) penalties
for violations. When developing the campaign, the commissioner must identify best practices,
review effective communication methods to educate drivers, and consider multiple forms
of media to convey the information.

Sec. 15. APPROPRIATION; SCHOOL REVENUE GENERATION AND
SPENDING; LEGISLATIVE AUDITOR STUDY.

$200,000 in fiscal year 2019 is appropriated from the general fund to the Office of the
Legislative Auditor for the legislative auditor to study and report on school revenue
generation and spending outlined in section 13. This is a onetime appropriation.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 16. DUPLICATE APPROPRIATIONS.

If an appropriation in this act from the general fund or any other fund is enacted more
than once in the 2018 legislative session, the appropriation must be given effect only once.

ARTICLE 2

STUDENT AND SCHOOL SAFETY

Section 1.

[121A.35] SCHOOL THREAT ASSESSMENTS.

Subdivision 1.

School threat assessment.

"School threat assessment" means a fact-based
process using an integrated team approach that helps schools evaluate and assess potentially
threatening situations or students whose behavior may pose a threat to the safety of school
staff or students.

Subd. 2.

Policy.

A school board must adopt a policy to establish threat assessment teams
to conduct school threat assessments consistent with subdivision 1. A threat assessment
policy must be consistent with district policies developed in accordance with sections
121A.031 and 121A.035, and with any guidance provided by the Department of Public
Safety's School Safety Center. A threat assessment policy must include procedures for
referrals to mental health centers or health care providers for evaluation or treatment, when
appropriate.

Subd. 3.

Oversight committees.

The superintendent of a school district must establish
a committee charged with oversight of the threat assessment teams operating within the
district, which may be an existing committee established by the school board.

Subd. 4.

Threat assessment teams.

(a) The superintendent of a school district must
establish, for each school, a threat assessment team that includes, to the extent practicable,
school officials with expertise in counseling, school administration, students with disabilities,
and law enforcement. A threat assessment team may serve one or more schools, as determined
by the superintendent.

(b) A threat assessment team must:

(1) provide guidance to students, faculty, and staff regarding recognition of threatening
or aberrant behavior that may represent a threat to the community, school, or self;

(2) consider whether there is sufficient information to determine whether or not a student
poses a threat;

(3) identify members of the community to whom threatening behavior should be reported;

(4) implement a policy adopted by the school board under subdivision 2; and

(5) report summary data on its activities according to guidance developed by the School
Safety Center.

(c) Upon a preliminary determination that a student poses a threat of violence or physical
harm to self or others, a threat assessment team must immediately report its determination
to the district superintendent or the superintendent's designee, who must immediately attempt
to notify the student's parent or legal guardian. The threat assessment team must consider
services to address the student's underlying issues, which may include counseling, social
work services, character education consistent with section 120B.232, evidence-based
academic and positive behavioral interventions and supports, mental health services, and
referrals for special education or section 504 evaluations.

(d) Upon determining that a student exhibits suicidal ideation or self-harm, a school
threat assessment team must follow the district's suicide prevention policy or protocol or
refer the student to an appropriate school-linked mental health professional or other support
personnel.

(e) Nothing in this section precludes a school district official or employee from acting
immediately to address an imminent threat.

Subd. 5.

Redisclosure.

(a) A threat assessment team member must not redisclose
educational records or use any record of an individual beyond the purpose for which the
disclosure was made to the threat assessment team.

(b) Nothing in this section prohibits the disclosure of educational records in health,
including mental health, and safety emergencies in accordance with state and federal law.

EFFECTIVE DATE.

This section is effective for the 2019-2020 school year and later.

Sec. 2.

Minnesota Statutes 2016, section 121A.41, is amended by adding a subdivision to
read:


Subd. 12.

Nonexclusionary disciplinary policies and practices; alternatives to pupil
dismissal.

"Nonexclusionary disciplinary policies and practices" means policies and practices
that require school officials to intervene in, redirect, and support a pupil's behavior before
dismissing a pupil from school. Nonexclusionary disciplinary policies and practices include
evidence-based positive behavioral interventions and supports, social and emotional learning,
character education consistent with section 120B.232, school-linked mental health services,
counseling services, social work services, referrals for special education or 504 evaluations,
academic screening for Title I services or reading interventions, and alternative education
services.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 3.

[121A.441] EXPULSION FOR MAKING A THREAT OF VIOLENCE.

Notwithstanding the time limitation in section 121A.41, subdivision 5, a school board
must expel for a period of at least one year a pupil who makes a threat of gun violence
against another person or makes a threat of violence with the intent to cause evacuation of
a school site or school administration building. A school board may modify this expulsion
requirement for a pupil on a case-by-case basis.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 4.

Minnesota Statutes 2016, section 121A.45, subdivision 1, is amended to read:


Subdivision 1.

Provision of alternative programs.

No school shall dismiss any pupil
without attempting to provide alternative educational services Schools must consider, where
appropriate, using nonexclusionary disciplinary policies and practices
before dismissal
proceedings, except where it appears that the pupil will create an immediate and substantial
danger to self or to surrounding persons or property.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 5.

Minnesota Statutes 2016, section 121A.46, is amended by adding a subdivision to
read:


Subd. 5.

Suspensions exceeding five consecutive school days.

The school administrator
must ensure that alternative education services are provided when a pupil is suspended for
more than five consecutive school days.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 6.

Minnesota Statutes 2016, section 121A.46, is amended by adding a subdivision to
read:


Subd. 6.

Minimum education services.

School officials must give a suspended pupil
the opportunity to complete all school work assigned during 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.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 7.

Minnesota Statutes 2016, section 121A.47, subdivision 2, is amended to read:


Subd. 2.

Written notice.

Written notice of intent to take action shall must:

(a) (1) be served upon the pupil and the pupil's parent or guardian personally or by mail;

(b) (2) contain a complete statement of the facts, a list of the witnesses and a description
of their testimony;

(3) explain the grounds for expelling the pupil instead of imposing nonexclusionary
disciplinary policies and practices under section 121A.41, subdivision 12;

(c) (4) state the date, time, and place of the hearing;

(d) (5) be accompanied by a copy of sections 121A.40 to 121A.56;

(e) (6) describe alternative educational services the nonexclusionary disciplinary policies
and practices
accorded the pupil in an attempt to avoid the expulsion proceedings; and

(f) (7) inform the pupil and parent or guardian of the right to:

(1) (i) have a representative of the pupil's own choosing, including legal counsel, at the
hearing. The district shall must 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 and is posted on the department's Web site;

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

(3) (iii) present evidence; and

(4) (iv) confront and cross-examine witnesses.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 8.

Minnesota Statutes 2016, section 121A.47, subdivision 14, is amended to read:


Subd. 14.

Admission or readmission plan.

(a) A school administrator shall must prepare
and enforce an admission or readmission plan for any pupil who is excluded or expelled
from school. The plan may must include measures to improve the pupil's behavior, including
which may include
completing a character education program, consistent with section
120B.232, subdivision 1, and 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
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 one school day or less, 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.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 9.

Minnesota Statutes 2016, section 121A.53, subdivision 1, is amended to read:


Subdivision 1.

Exclusions and expulsions; physical assaults.

Consistent with
subdivision 2,
the school board must report through the department electronic reporting
system each exclusion or expulsion and each physical assault of a district employee by a
student pupil within 30 days of the effective date of the dismissal action or assault to the
commissioner of education. This report must include a statement of alternative educational
services
nonexclusionary disciplinary policies and practices, 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 student's pupil's age, grade, gender, race, and special
education status.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 10.

Minnesota Statutes 2016, section 121A.55, is amended to read:


121A.55 POLICIES TO BE ESTABLISHED.

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

(b) The policies shall recognize the continuing responsibility of the school for the
education of the pupil during the dismissal period. The school is responsible for ensuring
that the
alternative educational services, if to be provided to the pupil wishes to take
advantage of them, must be
are adequate to allow the pupil to make progress towards meeting
the graduation standards adopted under section 120B.02 and , help prepare the pupil for
readmission, and are consistent with section 121A.46, subdivision 6.

(c) For expulsion and exclusion dismissals:

(1) the 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 until the student enrolls in a new district. 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;

(2) a pupil remains eligible for school-linked mental health services under section
245.4889 in the manner determined by the district until the pupil is enrolled in a new district;
and

(3) the school district must provide to the pupil's parent or guardian a list of community
mental health programs after expulsion.

(b) (d) 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.

(c) (e) 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.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 11.

Minnesota Statutes 2016, section 121A.61, subdivision 2, is amended to read:


Subd. 2.

Grounds for removal from class.

The policy must establish the various grounds
for which a student pupil may be removed from a class in the district for a period of time
under the procedures specified in the policy. The policy must include a procedure for
notifying and meeting with a student's pupil's parent or guardian to discuss the problem that
is causing the student pupil to be removed from class after the student pupil has been removed
from class more than ten five times in one school year. The grounds in the policy must
include at least the following provisions as well as other grounds determined appropriate
by the board:

(a) (1) willful conduct that significantly disrupts the rights of others to an education,
including conduct that interferes with a teacher's ability to teach or communicate effectively
with students pupils in a class or with the ability of other students pupils to learn;

(b) (2) willful conduct that endangers surrounding persons, including school district
employees, the student pupil, or other students pupils, or the property of the school; and

(c) (3) willful violation of any rule of conduct specified in the discipline policy adopted
by the board.

Sec. 12.

Minnesota Statutes 2016, section 121A.67, is amended by adding a subdivision
to read:


Subd. 3.

Parent notification.

A school administrator must make and document efforts
to immediately contact the parent or guardian of a pupil removed from a school building
or school grounds by a peace officer unless such notice is specifically prohibited by law.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 13.

Minnesota Statutes 2016, section 123B.595, as amended by Laws 2017, First
Special Session chapter 5, article 5, sections 3 and 4, is amended to read:


123B.595 LONG-TERM FACILITIES MAINTENANCE REVENUE.

Subdivision 1.

Long-term facilities maintenance revenue.

(a) For fiscal year 2017
only, long-term facilities maintenance revenue equals the greater of (1) the sum of (i) $193
times the district's adjusted pupil units times the lesser of one or the ratio of the district's
average building age to 35 years, plus the cost approved by the commissioner for indoor
air quality, fire alarm and suppression, and asbestos abatement projects under section
123B.57, subdivision 6, with an estimated cost of $100,000 or more per site, plus (ii) for a
school district with an approved voluntary prekindergarten program under section 124D.151,
the cost approved by the commissioner for remodeling existing instructional space to
accommodate prekindergarten instruction, or (2) the sum of (i) the amount the district would
have qualified for under Minnesota Statutes 2014, section 123B.57, Minnesota Statutes
2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591, and (ii) for a school
district with an approved voluntary prekindergarten program under section 124D.151, the
cost approved by the commissioner for remodeling existing instructional space to
accommodate prekindergarten instruction.

(b) (a) For fiscal year 2018 only, long-term facilities maintenance revenue equals the
greater of (1) the sum of (i) $292 times the district's adjusted pupil units times the lesser of
one or the ratio of the district's average building age to 35 years, plus (ii) the cost approved
by the commissioner for indoor air quality, fire alarm and suppression, and asbestos
abatement projects under section 123B.57, subdivision 6, with an estimated cost of $100,000
or more per site, plus (iii) for a school district with an approved voluntary prekindergarten
program under section 124D.151, the cost approved by the commissioner for remodeling
existing instructional space to accommodate prekindergarten instruction, or (2) the sum of
(i) the amount the district would have qualified for under Minnesota Statutes 2014, section
123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section
123B.591, and (ii) for a school district with an approved voluntary prekindergarten program
under section 124D.151, the cost approved by the commissioner for remodeling existing
instructional space to accommodate prekindergarten instruction.

(c) (b) For fiscal year 2019 and later, long-term facilities maintenance revenue equals
the greater of (1) the sum of (i) $380 times the district's adjusted pupil units times the lesser
of one or the ratio of the district's average building age to 35 years, plus (ii) the cost approved
by the commissioner for indoor air quality, fire alarm and suppression, and asbestos
abatement projects under section 123B.57, subdivision 6, with an estimated cost of $100,000
or more per site, plus (iii) for a school district with an approved voluntary prekindergarten
program under section 124D.151, the cost approved by the commissioner for remodeling
existing instructional space to accommodate prekindergarten instruction, or (2) the sum of
(i) the amount the district would have qualified for under Minnesota Statutes 2014, section
123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section
123B.591, and (ii) for a school district with an approved voluntary prekindergarten program
under section 124D.151, the cost approved by the commissioner for remodeling existing
instructional space to accommodate prekindergarten instruction.

(d) (c) Notwithstanding paragraphs (a), and (b), and (c), a school district that qualified
for eligibility under Minnesota Statutes 2014, section 123B.59, subdivision 1, paragraph
(a), for fiscal year 2010 remains eligible for funding under this section as a district that
would have qualified for eligibility under Minnesota Statutes 2014, section 123B.59,
subdivision 1, paragraph (a), for fiscal year 2017 and later.

Subd. 2.

Long-term facilities maintenance revenue for a charter school.

(a) For fiscal
year 2017 only, long-term facilities maintenance revenue for a charter school equals $34
times the adjusted pupil units.

(b) (a) For fiscal year 2018 only, long-term facilities maintenance revenue for a charter
school equals $85 times the adjusted pupil units.

(c) (b) For fiscal year 2019 and later, long-term facilities maintenance revenue for a
charter school equals $132 times the adjusted pupil units.

Subd. 3.

Intermediate districts and other cooperative units.

Upon approval through
the adoption of a resolution by each member district school board of an intermediate district
or other cooperative units under section 123A.24, subdivision 2, and the approval of the
commissioner of education, a school district may include in its authority under this section
a proportionate share of the long-term maintenance costs of the intermediate district or
cooperative unit. The cooperative unit may issue bonds to finance the project costs or levy
for the costs, using long-term maintenance revenue transferred from member districts to
make debt service payments or pay project costs. Authority under this subdivision is in
addition to the authority for individual district projects under subdivision 1.

Subd. 4.

Facilities plans.

(a) To qualify for revenue under this section, a school district
or intermediate district, not including a charter school, must have a ten-year facility plan
adopted by the school board and approved by the commissioner. The plan must include
provisions for implementing a health and safety program that complies with health, safety,
and environmental regulations and best practices, including indoor air quality management
and remediation of lead hazards. The plan may include provisions for enhancing school
safety through physical modifications to school facilities as described in subdivision 4a.

(b) The district must annually update the plan, submit the plan to the commissioner for
approval by July 31, and indicate whether the district will issue bonds to finance the plan
or levy for the costs.

(c) For school districts issuing bonds to finance the plan, the plan must include a debt
service schedule demonstrating that the debt service revenue required to pay the principal
and interest on the bonds each year will not exceed the projected long-term facilities revenue
for that year.

Subd. 4a.

School safety facility enhancements.

A school district may include in its
facilities plan a school safety facilities plan. School safety projects may include remodeling
and new construction for school security enhancements, public announcement systems,
emergency communications devices, and equipment and facility modifications related to
violence prevention and facility security.

Subd. 5.

Bond authorization.

(a) A school district may issue general obligation bonds
under this section to finance facilities plans approved by its board and the commissioner.
Chapter 475, except sections 475.58 and 475.59, must be complied with. The authority to
issue bonds under this section is in addition to any bonding authority authorized by this
chapter or other law. The amount of bonding authority authorized under this section must
be disregarded in calculating the bonding or net debt limits of this chapter, or any other law
other than section 475.53, subdivision 4.

(b) At least 20 days before the earliest of solicitation of bids, the issuance of bonds, or
the final certification of levies under subdivision 6, the district must publish notice of the
intended projects, the amount of the bond issue, and the total amount of district indebtedness.

(c) The portion of revenue under this section for bonded debt must be recognized in the
debt service fund.

Subd. 6.

Levy authorization.

A district may levy for costs related to an approved plan
under subdivision 4 as follows:

(1) if the district has indicated to the commissioner that bonds will be issued, the district
may levy for the principal and interest payments on outstanding bonds issued under
subdivision 5 after reduction for any aid receivable under subdivision 9;

(2) if the district has indicated to the commissioner that the plan will be funded through
levy, the district may levy according to the schedule approved in the plan after reduction
for any aid receivable under subdivision 9; or

(3) if the debt service revenue for a district required to pay the principal and interest on
bonds issued under subdivision 5 exceeds the district's long-term facilities maintenance
revenue for the same fiscal year, the district's general fund levy must be reduced by the
amount of the excess.

Subd. 7.

Long-term facilities maintenance equalization revenue.

(a) For fiscal year
2017 only, a district's long-term facilities maintenance equalization revenue equals the lesser
of (1) $193 times the adjusted pupil units or (2) the district's revenue under subdivision 1.

(b) (a) For fiscal year 2018 only, a district's long-term facilities maintenance equalization
revenue equals the lesser of (1) $292 times the adjusted pupil units or (2) the district's
revenue under subdivision 1.

(c) (b) For fiscal year 2019 and later, a district's long-term facilities maintenance
equalization revenue equals the lesser of (1) $380 times the adjusted pupil units or (2) the
district's revenue under subdivision 1.

(d) (c) Notwithstanding paragraphs (a) to (c) and (b), a district's long-term facilities
maintenance equalization revenue must not be less than the lesser of the district's long-term
facilities maintenance revenue or the amount of aid the district received for fiscal year 2015
under Minnesota Statutes 2014, section 123B.59, subdivision 6.

Subd. 8.

Long-term facilities maintenance equalized levy.

(a) For fiscal year 2017
and later,
A district's long-term facilities maintenance equalized levy equals the district's
long-term facilities maintenance equalization revenue minus the greater of:

(1) the lesser of the district's long-term facilities maintenance equalization revenue or
the amount of aid the district received for fiscal year 2015 under Minnesota Statutes 2014,
section 123B.59, subdivision 6; or

(2) the district's long-term facilities maintenance equalization revenue times the greater
of (i) zero or (ii) one minus the ratio of its adjusted net tax capacity per adjusted pupil unit
in the year preceding the year the levy is certified to 123 percent of the state average adjusted
net tax capacity per adjusted pupil unit for all school districts in the year preceding the year
the levy is certified.

(b) For purposes of this subdivision, "adjusted net tax capacity" means the value described
in section 126C.01, subdivision 2, paragraph (b).

Subd. 8a.

Long-term facilities maintenance unequalized levy.

For fiscal year 2017
and later,
A district's long-term facilities maintenance unequalized levy equals the difference
between the district's revenue under subdivision 1 and the district's equalization revenue
under subdivision 7.

Subd. 9.

Long-term facilities maintenance equalized aid.

For fiscal year 2017 and
later,
A district's long-term facilities maintenance equalized aid equals its long-term facilities
maintenance equalization revenue minus its long-term facilities maintenance equalized levy
times the ratio of the actual equalized amount levied to the permitted equalized levy.

Subd. 10.

Allowed uses for long-term facilities maintenance revenue.

(a) A district
may use revenue under this section for any of the following:

(1) deferred capital expenditures and maintenance projects necessary to prevent further
erosion of facilities;

(2) increasing accessibility of school facilities;

(3) health and safety capital projects under section 123B.57;

(4) school safety facility enhancements authorized under subdivision 4a; or

(4) (5) by board resolution, to transfer money from the general fund reserve for long-term
facilities maintenance to the debt redemption fund to pay the amounts needed to meet, when
due, principal and interest on general obligation bonds issued under subdivision 5.

(b) A charter school may use revenue under this section for any purpose related to the
school, including school safety facility enhancements.

Subd. 11.

Restrictions on long-term facilities maintenance revenue.

Notwithstanding
subdivision 10, for projects other than school safety facility enhancements, long-term
facilities maintenance revenue may not be used:

(1) for the construction of new facilities, remodeling of existing facilities, or the purchase
of portable classrooms;

(2) to finance a lease purchase agreement, installment purchase agreement, or other
deferred payments agreement;

(3) for energy-efficiency projects under section 123B.65, for a building or property or
part of a building or property used for postsecondary instruction or administration, or for a
purpose unrelated to elementary and secondary education; or

(4) for violence prevention and facility security, ergonomics, or emergency
communication devices
.

Subd. 12.

Reserve account.

The portion of long-term facilities maintenance revenue
not recognized under subdivision 5, paragraph (c), must be maintained in a reserve account
within the general fund.

Sec. 14.

Minnesota Statutes 2016, section 123B.61, is amended to read:


123B.61 PURCHASE OF CERTAIN EQUIPMENT.

(a) The board of a district may issue general obligation certificates of indebtedness or
capital notes subject to the district debt limits to:

(a) (1) purchase vehicles, computers, telephone systems, cable equipment, photocopy
and office equipment, technological equipment for instruction, public announcement systems,
emergency communications devices, other equipment related to violence prevention and
facility security,
and other capital equipment having an expected useful life at least as long
as the terms of the certificates or notes;

(b) (2) purchase computer hardware and software, without regard to its expected useful
life, whether bundled with machinery or equipment or unbundled, together with application
development services and training related to the use of the computer; and

(c) (3) prepay special assessments.

(b) The certificates or notes must be payable in not more than ten years and must be
issued on the terms and in the manner determined by the board, except that certificates or
notes issued to prepay special assessments must be payable in not more than 20 years. The
certificates or notes may be issued by resolution and without the requirement for an election.
The certificates or notes are general obligation bonds for purposes of section 126C.55.

(c) A tax levy must be made for the payment of the principal and interest on the
certificates or notes, in accordance with section 475.61, as in the case of bonds. The sum
of the tax levies under this section and section 123B.62 for each year must not exceed the
lesser of the sum of the amount of the district's total operating capital revenue and safe
schools revenue
or the sum of the district's levy in the general and community service funds
excluding the adjustments under this section for the year preceding the year the initial debt
service levies are certified.

(d) The district's general fund levy for each year must be reduced by the sum of:

(1) the amount of the tax levies for debt service certified for each year for payment of
the principal and interest on the certificates or notes issued under this section as required
by section 475.61 , ;

(2) the amount of the tax levies for debt service certified for each year for payment of
the principal and interest on bonds issued under section 123B.62 , ; and

(3) any excess amount in the debt redemption fund used to retire bonds, certificates, or
notes issued under this section or section 123B.62 after April 1, 1997, other than amounts
used to pay capitalized interest.

(e) If the district's general fund levy is less than the amount of the reduction, the balance
shall be deducted first from the district's community service fund levy, and next from the
district's general fund or community service fund levies for the following year.

(f) A district using an excess amount in the debt redemption fund to retire the certificates
or notes shall report the amount used for this purpose to the commissioner by July 15 of the
following fiscal year. A district having an outstanding capital loan under section 126C.69
or an outstanding debt service loan under section 126C.68 must not use an excess amount
in the debt redemption fund to retire the certificates or notes.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 15.

Minnesota Statutes 2016, section 126C.44, is amended to read:


126C.44 SAFE SCHOOLS LEVY REVENUE.

Subdivision 1.

Safe schools revenue.

(a) A school district's total safe schools revenue
equals the sum of:

(1) the greater of $30,000 or $54 per adjusted pupil unit;

(2) the amounts under subdivision 6; and

(3) for a district not accessing revenue under subdivision 6, the amount under subdivision
7.

(b) A school district's equalized safe schools revenue equals $36 times the district's
adjusted pupil units for that year.

(c) A charter school's safe schools revenue equals $18 times its adjusted pupil units for
that year. The revenue must be reserved and used only for costs associated with safe schools
activities authorized under subdivision 5, paragraph (a), clauses (1) to (9), or for building
lease expenses not funded by charter school building lease aid that are attributable to facility
security enhancements made by the landlord after March 1, 2018.

Subd. 2.

Safe schools equalized levy.

(a) Each district may make a levy on all taxable
property located within the district for the purposes specified in this section. The maximum
amount which may be levied for all costs under this section shall be equal to $36 multiplied
by the district's
A school district's safe school equalized levy equals the product of its
equalized safe schools revenue under subdivision 1 times the lesser of one or the ratio of
its adjusted net tax capacity per
adjusted pupil units for the school year unit to 68.5 percent
of the statewide adjusted net tax capacity equalizing factor
.

Subd. 3.

Safe schools aid.

(a) A school district's safe schools aid equals the sum of:

(1) $18 times its adjusted pupil units for that year;

(2) its safe schools equalization aid equal to the difference between its safe schools
equalized revenue minus its safe schools equalized levy;

(3) its cooperative unit aid under subdivision 7; and

(4) for fiscal year 2019 only, $6.50 times its adjusted pupil units for that year for school
district members of intermediate school districts.

(b) A charter school's safe schools aid equals its safe schools revenue.

Subd. 4.

Revenue reserved.

The proceeds of the levy A school district's safe schools
revenue
must be reserved and used for directly funding the following purposes or for
reimbursing the cities and counties who contract with the district for the following purposes:

authorized in subdivision 5.

Subd. 5.

Revenue uses.

(a) A school district must use its safe schools revenue for the
following:

(1) to pay the costs incurred for the salaries, benefits, and transportation costs of peace
officers and sheriffs for liaison in services in the district's schools, whether through contract
or reimbursement to the city or county employing authority
;

(2) to pay the costs for a drug abuse prevention program as defined in section 609.101,
subdivision 3
, paragraph (e), in the elementary schools;

(3) to pay the costs for a gang resistance education training curriculum in the district's
schools;

(4) to pay the costs for security in the district's schools and on school property;

(5) to pay the costs for other crime prevention, drug abuse, student and staff safety,
voluntary opt-in suicide prevention tools, and violence prevention measures taken by the
school district;

(6) to pay costs for licensed school counselors, licensed school nurses, licensed school
social workers, licensed school psychologists, and licensed alcohol and chemical dependency
counselors to help provide early responses to problems;

(7) to pay for facility security enhancements including laminated glass, public
announcement systems, emergency communications devices, and equipment and facility
modifications related to violence prevention and facility security;

(8) to pay for costs associated with improving the school climate; or

(9) to pay costs for colocating and collaborating with mental health professionals who
are not district employees or contractors. ; or

(10) by board resolution, to transfer money into the debt redemption fund to pay the
amounts needed to meet, when due, principal and interest payments on obligations issued
under sections 123B.61 and 123B.62 for purposes included in clause (7).

(b) For expenditures under paragraph (a), clause (1), the district must initially attempt
to contract for services to be provided by peace officers or sheriffs with the police department
of each city or the sheriff's department of the county within the district containing the school
receiving the services. If a local police department or a county sheriff's department does
not wish to provide the necessary services, the district may contract for these services with
any other police or sheriff's department located entirely or partially within the school district's
boundaries.

Subd. 6.

Intermediate school districts.

(c) A school district that is a member of an
intermediate school district may include in add to its levy authority under this section the
costs associated with safe schools activities authorized under paragraph (a) subdivision 5
for intermediate school district programs. This levy authority must not exceed $15 times
the adjusted pupil units of the member districts. This levy authority is in addition to any
other authority authorized under this section. Revenue raised under this paragraph subdivision
must be transferred to the intermediate school district.

Subd. 7.

Other cooperative units.

A school district that is a member of a cooperative
unit defined under section 123A.24, subdivision 2, other than a member of an intermediate
school district, is eligible for additional safe schools aid equal to $7.50 times its adjusted
pupil units for that year. Revenue raised under this subdivision must be transferred to the
cooperative unit.

Subd. 8.

Reporting.

A school district or charter school receiving revenue under this
section must annually report safe schools expenditures to the commissioner, in the form
and manner specified by the commissioner. The report must include spending by functional
area and any new staff positions hired, and align with the revenue uses according to
subdivision 5.

EFFECTIVE DATE.

This section is effective for fiscal year 2019 and later.

Sec. 16.

Laws 2017, First Special Session chapter 5, article 2, section 56, is amended to
read:


Sec. 56. INTERMEDIATE SCHOOL DISTRICT MENTAL HEALTH
INNOVATION GRANT PROGRAM; APPROPRIATION.

(a) $2,450,000 in fiscal year 2018 and $2,450,000 in fiscal year 2019 are appropriated
from the general fund to the commissioner of human services for a grant program to fund
innovative projects to improve mental health outcomes for youth attending a qualifying
school unit.

(b) A "qualifying school unit" means an intermediate district organized under Minnesota
Statutes, section 136D.01, or a service cooperative organized under Minnesota Statutes,
section 123A.21, subdivision 1, paragraph (a), clause (2), that provides instruction to students
in a setting of federal instructional level 4 or higher. Grants under paragraph (a) must be
awarded to eligible applicants such that the services are proportionately provided among
qualifying school units. The commissioner shall calculate the share of the appropriation to
be used in each qualifying school unit by dividing the qualifying school unit's average daily
membership in a setting of federal instructional level 4 or higher for fiscal year 2016 by the
total average daily membership in a setting of federal instructional level 4 or higher for the
same year for all qualifying school units.

(c) An eligible applicant is an entity that has demonstrated capacity to serve the youth
identified in paragraph (a) and that is:

(1) certified under Minnesota Rules, parts 9520.0750 to 9520.0870;

(2) a community mental health center under Minnesota Statutes, section 256B.0625,
subdivision 5
;

(3) an Indian health service facility or facility owned and operated by a tribe or tribal
organization operating under United States Code, title 25, section 5321; or

(4) a provider of children's therapeutic services and supports as defined in Minnesota
Statutes, section 256B.0943 . ; or

(5) enrolled in medical assistance as a mental health or substance use disorder provider
agency and must employ at least two full-time equivalent mental health professionals as
defined in Minnesota Statutes, section 245.4871, subdivision 27, clauses (1) to (6), or alcohol
and drug counselors licensed or exempt from licensure under chapter 148F who are qualified
to provide clinical services to children and families.

(d) An eligible applicant must employ or contract with at least two licensed mental health
professionals as defined in Minnesota Statutes, section 245.4871, subdivision 27, clauses
(1) to (6), who have formal training in evidence-based practices.

(e) A qualifying school unit must submit an application to the commissioner in the form
and manner specified by the commissioner. The commissioner may approve an application
that describes models for innovative projects to serve the needs of the schools and students.
The commissioner may provide technical assistance to the qualifying school unit. The
commissioner shall then solicit grant project proposals and award grant funding to the
eligible applicants whose project proposals best meet the requirements of this section and
most closely adhere to the models created by the intermediate districts and service
cooperatives.

(f) To receive grant funding, an eligible applicant must obtain a letter of support for the
applicant's grant project proposal from each qualifying school unit the eligible applicant is
proposing to serve. An eligible applicant must also demonstrate the following:

(1) the ability to seek third-party reimbursement for services;

(2) the ability to report data and outcomes as required by the commissioner; and

(3) the existence of partnerships with counties, tribes, substance use disorder providers,
and mental health service providers, including providers of mobile crisis services.

(g) Grantees shall obtain all available third-party reimbursement sources as a condition
of receiving grant funds. For purposes of this grant program, a third-party reimbursement
source does not include a public school as defined in Minnesota Statutes, section 120A.20,
subdivision 1
.

(h) The base budget for this program is $0. This appropriation is available until June 30,
2020.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 17. APPROPRIATIONS.

Subdivision 1.

Commissioner of education.

The sums indicated in this section are
appropriated from the general fund to the commissioner of education for the specified
purposes.

Subd. 2.

Safe schools aid.

(a) For safe schools aid under Minnesota Statutes, section
126C.44:

$
20,256,000
.....
2019

(b) For fiscal year 2019 only, each district's safe schools state aid equals its safe schools
revenue for fiscal year 2019 minus the safe schools levy certified by the school district for
taxes payable in 2018.

Subd. 3.

Children's school-linked mental health grants.

For transfer to the
commissioner of human services for children's school-linked mental health grants under
Minnesota Statutes, section 245.4889, subdivision 1, paragraph (b), clause (8):

$
5,000,000
.....
2019

(b) Grants must be used to expand services, including to school districts or counties in
which school-linked mental health services are not available, and to fund transportation for
children using school-linked mental health services when school is not in session.

(c) The commissioner must require grantees to use all available third-party reimbursement
sources as a condition of the receipt of grant funds. For purposes of this appropriation, a
third-party reimbursement source does not include a public school within the meaning of
Minnesota Statutes, section 120A.20, subdivision 1.

(d) The base for fiscal year 2020 is $5,000,000.

Subd. 4.

Physical security audit grants for public schools.

(a) For transfer to the
commissioner of public safety for grants to school districts and charter schools to reimburse
applicants for up to 100 percent of the cost for an audit of the physical security of public
school campuses and crisis management policies adopted pursuant to Minnesota Statutes,
section 121A.035, subdivision 2:

$
2,000,000
.....
2019

(b) The commissioner of public safety must establish specific eligibility and application
criteria including a requirement that audits be conducted by consultants holding professional
certification deemed acceptable by the commissioner, including but not limited to a Certified
Protection Professional certification from the American Society for Industrial Security.

(c) This is a onetime appropriation.

Subd. 5.

School resource officer training grants.

(a) For grants to reimburse school
districts and charter schools for up to one-half of the costs of school resource officer training:

$
400,000
.....
2019

(b) The commissioner and the director of the Minnesota School Safety Center are
encouraged to develop school resource officer training guidelines and provide school districts
and charter schools a list of approved school resource officer training programs.

(c) A district or charter school seeking a grant under this subdivision must submit an
application in the form and manner specified by the commissioner of education.
Reimbursement must not exceed $500 per officer. The commissioner must prorate grant
amounts if the appropriation is insufficient to fully fund the state's share of the training.

(d) A recipient school district or charter school and the local law enforcement agency
must enter into an agreement to pay for the remaining training costs for school resource
officer training. The school district or charter school and the law enforcement agency may
seek private funds to pay for the local share of the school resource officer training costs.

(e) This is a onetime appropriation.

Subd. 6.

Threat assessment grants.

(a) For grants to school districts for training for
members of threat assessment teams and oversight committees under Minnesota Statutes,
section 121A.35:

$
300,000
.....
2019

(b) The commissioner and the director of the Minnesota School Safety Center are
encouraged to develop threat assessment training guidelines and provide school districts a
list of approved threat assessment training programs.

(c) This is a onetime appropriation.

(d) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2021. Any remaining balance is canceled to the
general fund.

Subd. 7.

Suicide prevention training for teachers.

(a) For a grant to a nationally
recognized organization to offer evidence-based online training for teachers on suicide
prevention and engaging students experiencing mental distress:

$
273,000
.....
2019

(b) This is a onetime appropriation.

(c) The recipient of the suicide prevention training grant under this subdivision must
make the training accessible to all Minnesota school districts, cooperative units defined
under Minnesota Statutes, section 123A.24, subdivision 2, tribal schools, and charter schools.

Subd. 8.

For Jake's Sake Foundation.

(a) For a grant to the For Jake's Sake Foundation
to collaborate with school districts throughout Minnesota to integrate evidence-based
substance misuse prevention instruction on the dangers of substance misuse, particularly
the use of opioids, into school district programs and curricula, including health education
curricula:

$
350,000
.....
2019

(b) Funds appropriated in this subdivision are to:

(1) identify effective substance misuse prevention tools and strategies, including
innovative uses of technology and media;

(2) develop and promote a comprehensive substance misuse prevention curriculum for
students in grades 5 through 12 that educates students and families about the dangers of
substance misuse;

(3) integrate substance misuse prevention into curricula across subject areas;

(4) train school district teachers, athletic coaches, and other school staff in effective
substance misuse prevention strategies; and

(5) collaborate with school districts to evaluate the effectiveness of districts' substance
misuse prevention efforts.

(c) By February 15, 2019, the grantee must submit a report detailing expenditures and
outcomes of the grant to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over kindergarten through grade 12 education policy
and finance. The report must identify the school districts that have implemented or plan to
implement the substance misuse prevention curriculum.

(d) This is a onetime appropriation.

(e) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2021. Any remaining balance is canceled to the
general fund.

ARTICLE 3

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2016, section 120A.20, subdivision 2, is amended to read:


Subd. 2.

Education, residence, and transportation of homeless.

(a) Notwithstanding
subdivision 1, a district must not deny free admission to a homeless pupil solely because
the district cannot determine that the pupil is a resident of the district.

(b) The school district of residence for a homeless pupil shall be the school district in
which the parent or legal guardian resides, unless: (1) parental rights have been terminated
by court order; (2) the parent or guardian is not living within the state; or (3) the parent or
guardian having legal custody of the child is an inmate of a Minnesota correctional facility
or is a resident of a halfway house under the supervision of the commissioner of corrections.
If any of clauses (1) to (3) apply, the school district of residence shall be the school district
in which the pupil resided when the qualifying event occurred. If no other district of residence
can be established, the school district of residence shall be the school district in which the
pupil currently resides. If there is a dispute between school districts regarding residency,
the district of residence is the district designated by the commissioner of education.

(c) Except as provided in paragraph (d), the serving district is responsible for transporting
a homeless pupil to and from the pupil's district of residence. The district may transport
from a permanent home in another district but only through the end of the academic school
year. When a pupil is enrolled in a charter school, the district or school that provides
transportation for other pupils enrolled in the charter school is responsible for providing
transportation. When a homeless student with or without an individualized education program
attends a public school other than an independent or special school district or charter school,
the district of residence is responsible for transportation.

(d) For a homeless pupil with an individualized education plan enrolled in a program
authorized by an intermediate school district, special education cooperative, service
cooperative, or education district, the serving district at the time of the pupil's enrollment
in the program remains responsible for transporting that pupil for the remainder of the school
year unless the initial serving district and the current serving district mutually agree that
the current serving district is responsible for transporting the homeless pupil.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 2.

Minnesota Statutes 2016, section 120A.22, subdivision 12, is amended to read:


Subd. 12.

Legitimate exemptions.

(a) A parent, guardian, or other person having control
of a child may apply to a school district to have the child excused from attendance for the
whole or any part of the time school is in session during any school year. Application may
be made to any member of the board, a truant officer, a principal, or the superintendent.
The school district may state in its school attendance policy that it may ask the student's
parent or legal guardian to verify in writing the reason for the child's absence from school.
A note from a physician or a licensed mental health professional stating that the child cannot
attend school is a valid excuse. The board of the district in which the child resides may
approve the application upon the following being demonstrated to the satisfaction of that
board:

(1) that the child's physical or mental health is such as to prevent attendance at school
or application to study for the period required, which includes:

(i) child illness, medical, dental, orthodontic, or counseling appointments;

(ii) family emergencies;

(iii) the death or serious illness or funeral of an immediate family member;

(iv) active duty in any military branch of the United States;

(v) (iv) the child has a condition that requires ongoing treatment for a mental health
diagnosis; or

(vi) (v) other exemptions included in the district's school attendance policy;

(2) that the child's parent, guardian, or other person having control of the child is in
active duty in any branch of the United States armed forces;

(3) that the child is participating in any activity necessary for the child to join any branch
of the United States armed forces and may be excused for up to three days for such purpose;

(2) (4) that the child has already completed state and district standards required for
graduation from high school; or

(3) (5) that it is the wish of the parent, guardian, or other person having control of the
child, that the child attend for a period or periods not exceeding in the aggregate three hours
in any week, a school for religious instruction conducted and maintained by some church,
or association of churches, or any Sunday school association incorporated under the laws
of this state, or any auxiliary thereof. This school for religious instruction must be conducted
and maintained in a place other than a public school building, and it must not, in whole or
in part, be conducted and maintained at public expense. However, a child may be absent
from school on such days as the child attends upon instruction according to the ordinances
of some church.

(b) Notwithstanding subdivision 6, paragraph (a), a parent may withdraw a child from
an all-day, every day kindergarten program and put their child in a half-day program, if
offered, or an alternate-day program without being truant. A school board must excuse a
kindergarten child from a part of a school day at the request of the child's parent.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 3.

Minnesota Statutes 2017 Supplement, 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, consistent with
subdivision 1b
; and

(7) the arts, for which statewide or locally developed academic standards apply, as
determined by the school district. Public elementary and middle schools must offer at least
three and require at least two of the following four arts areas: dance; music; theater; and
visual arts. Public high schools must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater; 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) (d) 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. 4.

Minnesota Statutes 2016, section 120B.021, is amended by adding a subdivision
to read:


Subd. 1b.

Health standards.

(a) A school district's locally developed health standards
may include instruction on:

(1) child sexual abuse, exploitation, and sexual assault prevention; and

(2) substance misuse prevention in grades 5 through 12.

Instruction under this subdivision must be age-appropriate. Nothing in this subdivision
requires a school district to use a specific methodology or curriculum. A school district may
provide instruction under this subdivision in a variety of ways, including at an annual
assembly or classroom presentation.

(b) Child sexual abuse, exploitation, and sexual assault prevention instruction in a health
curriculum may include instruction on recognizing sexual abuse, exploitation and assault,
boundary violations, and ways offenders groom or desensitize victims, as well as strategies
to promote disclosure, reduce self-blame, and mobilize bystanders. Child sexual exploitation
prevention instruction must be consistent with the definition of sexually exploited youth
under section 260C.007, subdivision 31. A school district may provide information to parents
on the warning signs of child sexual abuse and sexual exploitation and available resources.
A school district is encouraged to include in sexual assault prevention instruction:

(1) character education, as defined in section 120B.232;

(2) age-appropriate strategies and techniques to recognize and report sexual abuse,
assault, or exploitation; and

(3) age-appropriate information to deter boundary violations and unwanted forms of
touching and contact.

(c) A school district's substance misuse prevention curriculum must be evidence-based.
Substance misuse prevention must include instruction on opioids and controlled substances
as defined in section 121A.25, subdivision 2, chemical abuse as defined in section 121A.25,
subdivision 3, prescription and nonprescription medications, and illegal drugs.

(d) A school district may consult with other federal, state, or local agencies and
community-based organizations to identify research-based tools, curricula, and programs
to develop instruction required under this subdivision. The Department of Education must
assist districts when requested and may provide resources including information on best
practices, developing standards, curricula, and programs consistent with this subdivision.

(e) Instruction under this subdivision is subject to the requirements of section 120B.20.

(f) The commissioner of education must conduct a survey of school districts and charter
schools during the 2021-2022 school year on locally adopted health standards to determine
whether school districts and charter schools have implemented instruction consistent with
this subdivision. The commissioner must report the findings of the survey to the chairs and
ranking minority members of the legislative committees with jurisdiction over kindergarten
through grade 12 education in accordance with section 3.195 no later than January 15, 2023.

Sec. 5.

Minnesota Statutes 2016, section 120B.024, subdivision 1, is amended to read:


Subdivision 1.

Graduation requirements.

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, including credit for a specific course in
government and citizenship in either 11th or 12th grade for students beginning 9th grade
in the 2020-2021 school year and later, and a combination of other credits
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 state or local academic standards
in the arts; and

(7) a minimum of seven elective credits.

Sec. 6.

Minnesota Statutes 2016, 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.

(e) "State plan" means the plan submitted by the commissioner in accordance with the
Elementary and Secondary Education Act, as most recently authorized, and approved by
the United States Department of Education, including state goals.

(f) "Ineffective teacher" means a teacher whose most recent summative teacher evaluation
resulted in placing or otherwise keeping the teacher on an improvement process pursuant
to section 122A.40, subdivision 8, or 122A.41, subdivision 5.

(g) "Inexperienced teacher" means a licensed teacher who has been employed as a teacher
for three years or less.

(h) "Out-of-field teacher" means a licensed teacher who is providing instruction in an
area in which the teacher is not licensed.

Sec. 7.

Minnesota Statutes 2016, section 120B.11, subdivision 1a, is amended to read:


Subd. 1a.

Performance measures.

Measures to determine school district and school
site progress in striving to create the world's best workforce must include at least:

(1) the size of the academic achievement gap, as measured on the Minnesota
Comprehensive Assessments;

(2) rigorous course taking under section 120B.35, subdivision 3, paragraph (c), clause
(2), and enrichment experiences by student subgroup group;

(2) (3) student performance on the Minnesota Comprehensive Assessments in reading
and mathematics
;

(3) (4) high school graduation rates; and

(4) (5) career and college readiness under section 120B.30, subdivision 1 . , paragraph
(p), as measured by student performance on the high school Minnesota Comprehensive
Assessments in reading and mathematics, and successful completion of rigorous coursework
that is part of a well-rounded education, including advanced placement, international
baccalaureate, or concurrent enrollment coursework, or attainment of a certificate or
industry-recognized credential; and

(6) performance measures consistent with the state plan not otherwise required by this
subdivision.

Sec. 8.

Minnesota Statutes 2016, section 120B.11, subdivision 2, is amended to read:


Subd. 2.

Adopting plans and budgets.

A school board, at a public meeting, shall must
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 toward meeting
statewide goals 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
the English and, where practicable, the native language development and the academic
achievement of English learners;

(5) a process to examine the equitable distribution of teachers and strategies to ensure
low-income and minority children 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, rigorous
curriculum, technology, and a collaborative professional culture that develops and supports
teacher quality, performance, and effectiveness; and

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

Sec. 9.

Minnesota Statutes 2016, section 120B.11, subdivision 5, is amended to read:


Subd. 5.

Report.

Consistent with requirements for school performance reports under
section 120B.36, subdivision 1, the school board shall publish a report in the local newspaper
with the largest circulation in the district, by mail, or by electronic means on the district
Web site.
(a) The school board shall must hold an annual public meeting to review, and
revise where appropriate, student achievement goals, local assessment outcomes, plans,
strategies, and practices for improving curriculum and instruction and cultural competency,
and efforts to equitably distribute diverse, effective, experienced, and in-field teachers, and
to review district success in realizing the previously adopted student achievement goals and
related benchmarks and the improvement plans leading to the world's best workforce. The
school board must transmit an electronic summary of its report to the commissioner in the
form and manner the commissioner determines.

(b) The commissioner must annually include in the school performance reports required
under section 120B.36, subdivision 1, student performance at each school district and school
site using the performance measures in subdivision 1a and other information required under
this subdivision. The school board must post a copy of the school performance report for
the district and each school site on the district's Web site, or provide a link to the district
and school site performance reports on the Department of Education's Web site.

Sec. 10.

Minnesota Statutes 2016, 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 use the performance measures in the accountability system
of the state plan, including academic achievement in math and reading, graduation rates,
and a school quality indicator, to
identify those districts in any consecutive three-year period
and school sites
not making sufficient progress in any consecutive three-year period 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.
meeting state goals. The commissioner must implement evaluation timelines
and measures consistent with the state plan. The commissioner may identify districts or
school sites that do not provide information required for evaluation as failing to make
sufficient progress toward meeting state goals. The commissioner may evaluate, designate,
and report on school districts and charter schools separately, consistent with the evaluation
process under the state plan.

(c) The commissioner must review the curricula of a sample of three to five identified
school sites to ensure the curricula are aligned with statewide reading and math standards
for grades 3, 5, and 8. The sample of school sites must be of varied size and geographic
distribution.

(d) 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 evidence-based
strategies and best 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) (e) The commissioner shall must report by January 25 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
identified as not making sufficient progress toward meeting world's
best workforce goals under paragraph (b)
.

Sec. 11.

Minnesota Statutes 2016, section 120B.12, as amended by Laws 2017, First
Special Session chapter 5, article 2, sections 5, 6, and 7, is amended to read:


120B.12 READING PROFICIENTLY NO LATER THAN THE END OF GRADE
3.

Subdivision 1.

Literacy goal.

The legislature seeks to have every child reading at or
above grade level no later than the end of grade 3, including English learners, and that
teachers provide comprehensive, scientifically based reading instruction consistent with
section 122A.06, subdivision 4. To the extent practicable, a school district must direct its
literacy incentive aid received under section 124D.98 toward this goal consistent with its
local literacy plan adopted under this section.

Subd. 2.

Identification; report.

(a) Each school district shall must identify before the
end of kindergarten, grade 1, and grade 2 students who are not reading at grade level before
the end of the current school year and shall must identify students in grade 3 or higher who
demonstrate a reading difficulty to a classroom teacher. A school district must screen for
dyslexia:

(1) all students in kindergarten, grade 1, and grade 2 who are not reading at grade level;
and

(2) any student in grade 3 or higher who demonstrates a reading difficulty.

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

(c) The district also must annually report to the commissioner by July 1 a summary of
the district's efforts to screen and identify students with:

(1) dyslexia, using screening tools such as those recommended by the department's
dyslexia and literacy specialist; or

(2) convergence insufficiency disorder.

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

Subd. 2a.

Parent notification and involvement.

Schools, at least annually, must give
the parent of each student who is not reading at or above grade level timely information
about:

(1) the student's reading proficiency as measured by a locally adopted assessment;

(2) reading-related services currently being provided to the student and the student's
progress; and

(3) strategies for parents to use at home in helping their student succeed in becoming
grade-level proficient in reading in English and in their native language.

A district may not use this section to deny a student's right to a special education
evaluation.

Subd. 3.

Intervention.

(a) For each student identified under subdivision 2, the district
shall must provide reading intervention to accelerate student growth and reach the goal of
reading at or above grade level by the end of the current grade and school year. If a student
does not read at or above grade level by the end of grade 3, the district must continue to
provide reading intervention until the student reads at grade level. District intervention
methods shall encourage family engagement and, where possible, collaboration with
appropriate school and community programs. Intervention methods may include, but are
not limited to, requiring attendance in summer school, intensified reading instruction that
may require that the student be removed from the regular classroom for part of the school
day, extended-day programs, or programs that strengthen students' cultural connections.

(b) A school district or charter school is strongly encouraged to provide a personal
learning plan for a student who is unable to demonstrate grade-level proficiency, as measured
by the statewide reading assessment in grade 3. The district or charter school must determine
the format of the personal learning plan in collaboration with the student's educators and
other appropriate professionals. The school must develop the learning plan in consultation
with the student's parent or guardian. The personal learning plan must address knowledge
gaps and skill deficiencies through strategies such as specific exercises and practices during
and outside of the regular school day, periodic assessments, and reasonable timelines. The
personal learning plan may include grade retention, if it is in the student's best interest. A
school must maintain and regularly update and modify the personal learning plan until the
student reads at grade level. This paragraph does not apply to a student under an
individualized education program.

Subd. 4.

Staff development.

(a) Each district shall must use the data under subdivision
2 to identify the staff development needs so that:

(1) elementary teachers are able to implement comprehensive, scientifically based reading
and oral language instruction in the five reading areas of phonemic awareness, phonics,
fluency, vocabulary, and comprehension as defined in section 122A.06, subdivision 4, and
other literacy-related areas including writing until the student achieves grade-level reading
proficiency;

(2) elementary teachers have sufficient training to provide comprehensive, scientifically
based reading and oral language instruction that meets students' developmental, linguistic,
and literacy needs using the intervention methods or programs selected by the district for
the identified students;

(3) licensed teachers employed by the district have regular opportunities to improve
reading and writing instruction, including screenings, intervention strategies, and
accommodations for students showing characteristics associated with dyslexia
;

(4) licensed teachers recognize students' diverse needs in cross-cultural settings and are
able to serve the oral language and linguistic needs of students who are English learners by
maximizing strengths in their native languages in order to cultivate students' English language
development, including oral academic language development, and build academic literacy;
and

(5) licensed teachers are well trained in culturally responsive pedagogy that enables
students to master content, develop skills to access content, and build relationships.

(b) A school district may use its literacy incentive aid under section 124D.98 for the
staff development purposes of this subdivision.

Subd. 4a.

Local literacy plan.

(a) Consistent with this section, a school district must
adopt a local literacy plan to have every child reading at or above grade level no later than
the end of grade 3, including English learners. The plan must be consistent with section
122A.06, subdivision 4, and include the following:

(1) a process to assess students' level of reading proficiency and data to support the
effectiveness of an assessment used to screen and identify a student's level of reading
proficiency;

(2) a process to notify and involve parents;

(3) a description of how schools in the district will determine the proper reading
intervention strategy for a student and the process for intensifying or modifying the reading
strategy in order to obtain measurable reading progress;

(4) evidence-based intervention methods for students who are not reading at or above
grade level and progress monitoring to provide information on the effectiveness of the
intervention; and

(5) identification of staff development needs, including a program to meet those needs.

(b) The district must post its literacy plan on the official school district Web site.

Subd. 5.

Commissioner.

The commissioner shall must recommend to districts multiple
assessment tools to assist districts and teachers with identifying students under subdivision
2. The commissioner shall must also make available examples of nationally recognized and
research-based instructional methods or programs to districts to provide comprehensive,
scientifically based reading instruction and intervention under this section.

EFFECTIVE DATE.

Subdivision 2 is effective July 1, 2019. Subdivisions 1 and 3 to
5 are effective for revenue for fiscal year 2019 and later.

Sec. 12.

Minnesota Statutes 2017 Supplement, section 120B.122, subdivision 1, is amended
to read:


Subdivision 1.

Purpose Duties.

(a) The department must employ a dyslexia specialist
to provide technical assistance for dyslexia and related disorders and to serve as the primary
source of information and support for schools in addressing the needs of students with
dyslexia and related disorders.

(b) The dyslexia specialist shall also must act to increase professional awareness and
instructional competencies to meet the educational needs of students with dyslexia or
identified with risk characteristics associated with dyslexia and shall must develop
implementation guidance and make recommendations to the commissioner consistent with
section 122A.06, subdivision 4, to be used to assist general education teachers and special
education teachers to recognize educational needs and to improve literacy outcomes for
students with dyslexia or identified with risk characteristics associated with dyslexia,
including recommendations related to increasing the availability of online and asynchronous
professional development programs and materials.

(c) The dyslexia specialist must provide guidance to school districts and charter schools
on how to:

(1) access tools to screen and identify students showing characteristics associated with
dyslexia in accordance with section 120B.12, subdivision 2, paragraph (a);

(2) implement screening for characteristics associated with dyslexia in accordance with
section 120B.12, subdivision 2, paragraph (a), and in coordination with other early childhood
screenings; and

(3) participate in professional development opportunities on intervention strategies and
accommodations for students with dyslexia or characteristics associated with dyslexia.

Sec. 13.

Minnesota Statutes 2017 Supplement, section 120B.125, is amended to read:


120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION TO
POSTSECONDARY EDUCATION AND EMPLOYMENT; PERSONAL LEARNING
PLANS.

(a) Consistent with sections 120B.13, 120B.131, 120B.132, 120B.14, 120B.15, 120B.30,
subdivision 1
, paragraph (c), 125A.08, and other related sections, school districts, beginning
in the 2013-2014 school year, must assist all students by no later than grade 9 to explore
their educational, college, and career interests, aptitudes, and aspirations and develop a plan
for a smooth and successful transition to postsecondary education or employment. All
students' plans must:

(1) provide a comprehensive plan to prepare for and complete a career and college ready
curriculum by meeting state and local academic standards and developing career and
employment-related skills such as team work, collaboration, creativity, communication,
critical thinking, and good work habits;

(2) emphasize academic rigor and high expectations and inform the student, and the
student's parent or guardian if the student is a minor, of the student's achievement level
score on the Minnesota Comprehensive Assessments that are administered during high
school;

(3) help students identify interests, aptitudes, aspirations, and personal learning styles
that may affect their career and college ready goals and postsecondary education and
employment choices;

(4) set appropriate career and college ready goals with timelines that identify effective
means for achieving those goals;

(5) help students access education and career options, including armed forces career
options
;

(6) integrate strong academic content into career-focused courses and applied and
experiential learning opportunities and integrate relevant career-focused courses and applied
and experiential learning opportunities into strong academic content;

(7) help identify and access appropriate counseling and other supports and assistance
that enable students to complete required coursework, prepare for postsecondary education
and careers, and obtain information about postsecondary education costs and eligibility for
financial aid and scholarship;

(8) help identify collaborative partnerships among prekindergarten through grade 12
schools, postsecondary institutions, economic development agencies, and local and regional
employers that support students' transition to postsecondary education and employment and
provide students with applied and experiential learning opportunities; and

(9) be reviewed and revised at least annually by the student, the student's parent or
guardian, and the school or district to ensure that the student's course-taking schedule keeps
the student making adequate progress to meet state and local academic standards and high
school graduation requirements and with a reasonable chance to succeed with employment
or postsecondary education without the need to first complete remedial course work.

(b) A school district may develop grade-level curricula or provide instruction that
introduces students to various careers, but must not require any curriculum, instruction, or
employment-related activity that obligates an elementary or secondary student to involuntarily
select or pursue a career, career interest, employment goals, or related job training.

(c) Educators must possess the knowledge and skills to effectively teach all English
learners in their classrooms. School districts must provide appropriate curriculum, targeted
materials, professional development opportunities for educators, and sufficient resources
to enable English learners to become career and college ready.

(d) When assisting students in developing a plan for a smooth and successful transition
to postsecondary education and employment, districts must recognize the unique possibilities
of each student and ensure that the contents of each student's plan reflect the student's unique
talents, skills, and abilities as the student grows, develops, and learns.

(e) If a student with a disability has an individualized education program (IEP) or
standardized written plan that meets the plan components of this section, the IEP satisfies
the requirement and no additional transition plan is needed.

(f) Students who do not meet or exceed Minnesota academic standards, as measured by
the Minnesota Comprehensive Assessments that are administered during high school, shall
be informed that admission to a public school is free and available to any resident under 21
years of age or who meets the requirements of section 120A.20, subdivision 1, paragraph
(c). A student's plan under this section shall continue while the student is enrolled.

(g) A school district must provide military recruiters and representatives of organizations
promoting careers in the skilled trades and manufacturing the same access to secondary
school students as the district provides to institutions of higher education or to prospective
employers of students.

(h) School districts are encouraged to sponsor an armed forces career opportunity day
each school year prior to the third Thursday of November. A school district that sponsors
an armed forces career opportunity day must extend invitations to recruiters from each
branch of the United States armed forces and allow the recruiters to make presentations to
all interested secondary school students.

Sec. 14.

[120B.215] SUBSTANCE MISUSE PREVENTION.

(a) This section may be cited as "Jake's Law."

(b) School districts and charter schools are encouraged to provide substance misuse
prevention instruction for students in grades 5 through 12 integrated into existing programs,
curriculum, or the general school environment of a district or charter school. The
commissioner of education, in consultation with the director of the Alcohol and Other Drug
Abuse Section under section 254A.03 and substance misuse prevention and treatment
organizations, must, upon request, provide districts and charter schools with:

(1) information regarding substance misuse prevention services; and

(2) assistance in using Minnesota student survey results to inform prevention programs.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 15.

Minnesota Statutes 2016, section 120B.232, is amended by adding a subdivision
to read:


Subd. 3.

Youth membership organization access to schools.

(a) "Character development
youth member organization" as used in this section means an organization identified in
United States Code, title 36, subtitle II: Patriotic and National Organizations, part B, chapter
301, 309, 311, 709, or 803.

(b) Upon receiving notice in accordance with paragraph (c), a school principal may
provide a representative of a character development youth member organization the
opportunity to speak to students during the school day to provide students information about
how the organization supports citizenship, patriotism, and civic involvement. The principal
may limit the opportunity to speak at the school to one school day between September 8
and September 27, and to no more than 30 minutes of instructional time. A representative
of a character development youth member organization who speaks to students at the school
may provide students with written materials about the organization.

(c) A character development youth member organization that wishes to speak to students
at a school must provide written notice to the school principal at least 30 days before the
beginning of the school year. If the school principal approves the request, the principal must
provide the organization with written approval that includes the date and time the organization
will be allowed to address students.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 16.

Minnesota Statutes 2016, section 120B.299, subdivision 10, is amended to read:


Subd. 10.

Proficiency.

"Proficiency" for purposes of reporting growth on school
performance report cards under section 120B.36, subdivision 1, means those students who,
in the previous school year, scored at or above "meets standards" on the statewide
assessments under section 120B.30. Each year, school performance report cards must
separately display: (1) the numbers and percentages of students who achieved low growth,
medium growth, and high growth and achieved proficiency in the previous school year; and
(2) the numbers and percentages of students who achieved low growth, medium growth,
and high growth and did not achieve proficiency in the previous school year.

Sec. 17.

Minnesota Statutes 2017 Supplement, 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, shall 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 shall must establish one or more months during which schools shall
administer the tests to students
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 except for a year in which revised standards are implemented
.

(1) Students enrolled in grade 8 through the 2009-2010 school year are eligible to be
assessed under (i) the graduation-required assessment for diploma in reading, mathematics,
or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1, paragraphs (c),
clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment, (iii) the Compass
college placement test, (iv) the ACT assessment for college admission, (v) a nationally
recognized armed services vocational aptitude test.

(2) Students enrolled in grade 8 in the 2010-2011 or 2011-2012 school year are eligible
to be assessed under (i) the graduation-required assessment for diploma in reading,
mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1,
paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii) the Compass
college placement test, (iv) the ACT assessment for college admission, (v) a nationally
recognized armed services vocational aptitude test.

(3) For students under clause (1) or (2), a school district may substitute a score from an
alternative, equivalent assessment to satisfy the requirements of this paragraph.

(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 shall be available to districts for diagnostic purposes affecting student learning
and district instruction and curriculum, and for establishing educational accountability. The
commissioner must establish empirically derived benchmarks on adaptive assessments in
grades 3 through 8.
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 shall must determine the testing
process and the order of administration. The statewide results shall must be aggregated at
the site and district level, consistent with subdivision 1a.

(o) The commissioner shall 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 average daily attendance, high school
graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College Test; 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.

EFFECTIVE DATE.

This section is effective for testing calendars in the 2020-2021
school year and later.

Sec. 18.

Minnesota Statutes 2016, section 120B.30, subdivision 1a, is amended to read:


Subd. 1a.

Statewide and local assessments; results.

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

(1) "Computer-adaptive assessments" means fully adaptive assessments.

(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.

(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.

(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.

(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.

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

(c) (a) 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.

(d) (b) The commissioner must ensure that for annual computer-adaptive assessments:

(1) individual student performance data and achievement reports are available to school
districts and teachers
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.

(e) (c) 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.

(f) (d) 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.

(g) (e) 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.

(h) (f) 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.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 19.

Minnesota Statutes 2016, section 120B.30, subdivision 3, is amended to read:


Subd. 3.

Reporting.

(a) The commissioner shall must report test results publicly and to
stakeholders, including the performance achievement levels developed from students'
unweighted test scores in each tested subject and a listing of demographic factors that
strongly correlate with student performance, including student homelessness, as data are
available, among other factors. The test results must not include personally identifiable
information as defined in Code of Federal Regulations, title 34, section 99.3. The
commissioner shall must also report data that compares performance results among school
sites, school districts, Minnesota and other states, and Minnesota and other nations.

(b) The commissioner shall must disseminate to schools and school districts a more
comprehensive report containing testing information that meets local needs for evaluating
instruction and curriculum. The commissioner shall must disseminate to charter school
authorizers a more comprehensive report containing testing information that contains
anonymized data where cell count data are sufficient to protect student identity and that
meets the authorizer's needs in fulfilling its obligations under chapter 124E.

(c) A school district must disseminate the individual student performance data and
achievement report required under section 120B.30, subdivision 1a, paragraph (d), clause
(1), to the parent and teacher of each student no more than 30 days after the district has
administered the test to a student. The district must notify the parent and teacher that the
data and report are preliminary and subject to validation.

(d) A school district must disseminate a testing report to the teacher and to the parent
of each student before the beginning of the following school year. The testing report must:

(1) identify the student's achievement level in each content area; and

(2) track the student's performance history.

EFFECTIVE DATE.

Paragraphs (a), (b), and (c) are effective for the 2018-2019 school
year and later. Paragraph (d) is effective for the 2019-2020 school year and later.

Sec. 20.

Minnesota Statutes 2017 Supplement, section 120B.35, subdivision 3, is amended
to read:


Subd. 3.

State growth target; other state measures.

(a)(1) The state's educational
assessment system measuring individual students' educational growth is based on indicators
of achievement growth that show an individual student's prior achievement. Indicators of
achievement and prior achievement must be based on highly reliable statewide or districtwide
assessments.

(2) For purposes of paragraphs (b), (c), and (d), the commissioner must 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, in
addition to "other" for each race and ethnicity, and the Karen community, seven of the most
populous Asian and Pacific Islander 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 as determined by the total Minnesota population based on the
most recent American Community Survey; English learners under section 124D.59; home
language; free or reduced-price lunch; 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 a model that uses a value-added growth indicator and includes
criteria for identifying schools and school districts that demonstrate medium and high growth
under section 120B.299, subdivisions 8 and 9, and may recommend other value-added
measures under section 120B.299, subdivision 3. 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 the academic growth consistent with this paragraph rates, as defined
in the state plan
; 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.

Sec. 21.

[120B.355] ACADEMIC ACHIEVEMENT RATING SYSTEM.

Subdivision 1.

Rating system.

(a) The commissioner of education must develop an
academic achievement rating system consistent with this section to provide parents and
students with a brief overview of student performance and growth in districts, school sites,
and charter schools across the state.

(b) Each district, school site, and charter school must be assigned a summative rating
based on a score on a scale of zero to 100.

(c) The summative rating must be based on the accountability indicators used in the state
plan to identify schools for support and improvement. "State plan" as used in this section
means the plan submitted by the commissioner in accordance with the Elementary and
Secondary Education Act, as most recently authorized, and approved by the United States
Department of Education, including state goals.

(d) The summative rating and score of each district, school site, and charter school must
be reported on the Department of Education's Web site as part of the commissioner's school
performance reports pursuant to section 120B.36 by September 1, 2020, and annually
thereafter.

(e) The commissioner must examine how revisions to statewide assessments under
section 120B.30 impact school and district ratings under this section. The commissioner
may adjust district, school site, and charter school ratings accordingly to maintain consistency
in reporting.

Subd. 2.

Report.

The commissioner must report on progress toward developing the
rating system required under subdivision 1 to the chairs and ranking minority members of
the legislative committees with jurisdiction over kindergarten through grade 12 education
in accordance with section 3.195 no later than February 1, 2020.

Sec. 22.

Minnesota Statutes 2017 Supplement, section 120B.36, subdivision 1, is amended
to read:


Subdivision 1.

School performance reports and public reporting.

(a) The commissioner
shall must report:

(1) student academic performance data under section 120B.35, subdivisions 2 and 3;

(2) district, school site, and charter school ratings under section 120B.355;

(3) the percentages of students showing low, medium, and high academic growth rates
under section 120B.35, subdivision 3, paragraph (b) the state plan;

(4) school safety and student engagement and connection under section 120B.35,
subdivision 3, paragraph (d);

(5) rigorous coursework under section 120B.35, subdivision 3, paragraph (c);

(6) the percentage of students under section 120B.35, subdivision 3, paragraph (b), clause
(2), whose progress and performance levels are meeting career and college readiness
benchmarks under sections 120B.30, subdivision 1, and 120B.35, subdivision 3, paragraph
(e);

(7) longitudinal data on the progress of eligible districts in reducing disparities in students'
academic achievement and realizing racial and economic integration under section 124D.861;

(8) the acquisition of English, and where practicable, native language academic literacy,
including oral academic language, and the academic progress of all English learners enrolled
in a Minnesota public school course or program who are currently or were previously counted
as English learners under section 124D.59;

(9) the percentage of students who graduated in the previous school year and correctly
answered at least 30 of 50 civics test questions in accordance with section 120B.02,
subdivision 3;

(10) two separate student-to-teacher ratios that clearly indicate the definition of teacher
consistent with sections 122A.06 and 122A.15 for purposes of determining these ratios;

(11) staff characteristics excluding salaries;

(12) student enrollment demographics;

(13) foster care status, including all students enrolled in a Minnesota public school course
or program who are currently or were previously in foster care, student homelessness, and
district mobility; and

(14) extracurricular activities.

(b) The school performance report for a school site and a school district, school site, or
charter school
must include:

(1) school performance reporting information and calculate proficiency , including a
prominent display of both the district's, school site's, or charter school's summative rating
and score assigned by the commissioner under section 120B.355;

(2) academic achievement rates as required by the most recently reauthorized Elementary
and Secondary Education Act.
state plan as defined under section 120B.355; and

(3) progress toward statewide goals under the state plan as defined under section
120B.355.

(c) The commissioner shall must develop, annually update, and post on the department
Web site school performance reports consistent with paragraph (a) and section 120B.11.

(d) The commissioner must make available performance reports by the beginning of
each school year.

(e) A school or district may appeal its results in a form and manner determined by the
commissioner and consistent with federal law. The commissioner's decision to uphold or
deny an appeal is final.

(f) School performance data are nonpublic data under section 13.02, subdivision 9, until
the commissioner publicly releases the data. The commissioner shall must annually post
school performance reports to the department's public Web site no later than September 1,
except that in years when the reports reflect new performance standards, the commissioner
shall must post the school performance reports no later than October 1.

Sec. 23.

Minnesota Statutes 2016, 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 and set goals for expectations under the most recently reauthorized Elementary and
Secondary Education Act, set state growth targets, and to determine student academic
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 must annually post federal expectations state goals and state
student growth, learning, and outcome data to the department's public Web site no later than
September 1, except that in years when data or federal expectations state goals reflect new
performance standards, the commissioner shall must post data on federal expectations state
goals
and state student growth data no later than October 1.

Sec. 24.

Minnesota Statutes 2017 Supplement, section 122A.09, is amended by adding a
subdivision to read:


Subd. 4b.

Essential data.

The Professional Educator Licensing and Standards Board
must maintain a list of essential data elements which must be recorded and stored about
each licensed and nonlicensed staff member. Each school district must provide the essential
data to the board in the form and manner prescribed by the board.

Sec. 25.

Minnesota Statutes 2016, section 123B.14, subdivision 7, is amended to read:


Subd. 7.

Clerk records.

The clerk shall must keep a record of all meetings of the district
and the board in books provided by the district for that purpose. The clerk shall must, within
three days after an election, notify all persons elected of their election. By September 15 of
each year the clerk shall must file with the board a report of the revenues, expenditures and
balances in each fund for the preceding fiscal year. The report together with vouchers and
supporting documents shall must subsequently be examined by a public accountant or the
state auditor, either of whom shall must be paid by the district, as provided in section
123B.77, subdivision 3. The board shall must by resolution approve the report or require a
further or amended report. By September 15 of each year, the clerk shall make and transmit
to the commissioner certified reports, showing:

(1) the revenues and expenditures in detail, and such other financial information required
by law, rule, or as may be called for by the commissioner;

(2) the length of school term and the enrollment and attendance by grades; and

(3) such other items of information as may be called for by the commissioner.

The clerk shall must enter in the clerk's record book copies of all reports and of the
teachers' term reports, as they appear in the registers, and of the proceedings of any meeting
as furnished by the clerk pro tem, and keep an itemized account of all the expenses of the
district. The clerk shall must furnish to the auditor of the proper county, by September 30
of each year, an attested copy of the clerk's record, showing the amount of proposed property
tax voted by the district or the board for school purposes; draw and sign all orders upon the
treasurer for the payment of money for bills allowed by the board for salaries of officers
and for teachers' wages and all claims, to be countersigned by the chair. Such orders must
state the consideration, payee, and the fund and the clerk shall take a receipt therefor.
Teachers' wages shall have preference in the order in which they become due, and no money
applicable for teachers' wages shall be used for any other purpose, nor shall teachers' wages
be paid from any fund except that raised or apportioned for that purpose.

Sec. 26.

Minnesota Statutes 2016, section 124D.78, subdivision 2, is amended to read:


Subd. 2.

Resolution of concurrence.

Prior to March 1, the school board or American
Indian school must submit to the department a copy of a resolution adopted by the American
Indian education parent advisory committee. 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 must 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.

Sec. 27.

Minnesota Statutes 2016, section 124D.83, subdivision 1, is amended to read:


Subdivision 1.

Authorization.

(a) Each year each American Indian-controlled tribal
contract or grant school authorized by the United States Code, title 25, section 450f, that is
located on a reservation within the state is eligible to receive tribal contract or grant school
aid subject to the requirements in paragraphs (b) to (d).

(b) The school must plan, conduct, and administer an education program that complies
with the requirements of either this chapter and chapters 120A, 120B, 121A, 122A, 123A,
123B, 125A, 125B, 126C, 127A, 129, and 268A or and Code of Federal Regulations, title
25, sections 31.0 to 45.80.

(c) The school must comply with all other state statutes governing independent school
districts or their equivalent in the Code of Federal Regulations, title 25.

(d) The state tribal contract or grant school aid must be used to supplement, and not to
replace, the money for American Indian education programs provided by the federal
government.

Sec. 28.

Minnesota Statutes 2017 Supplement, section 124D.83, subdivision 2, is amended
to read:


Subd. 2.

Revenue amount.

An American Indian-controlled tribal contract or grant school
that is located on a reservation within the state and that complies with the requirements in
subdivision 1 is eligible to receive tribal contract or grant school aid. The amount of aid is
derived by:

(1) multiplying the formula allowance under section 126C.10, subdivision 2, less $170,
times the difference between (i) the resident pupil units as defined in section 126C.05,
subdivision 6
, in average daily membership, excluding section 126C.05, subdivision 13,
and (ii) the number of pupils for the current school year, weighted according to section
126C.05, subdivision 1, receiving benefits under section 123B.42 or 123B.44 or for which
the school is receiving reimbursement under section 124D.69;

(2) adding to the result in clause (1) an amount equal to the product of the formula
allowance under section 126C.10, subdivision 2, less $300 times the tribal contract
compensation revenue pupil units;

(3) subtracting from the result in clause (2) the amount of money allotted to the school
by the federal government through Indian School Equalization Program of the Bureau of
Indian Affairs, according to Code of Federal Regulations, title 25, part 39, subparts A to E,
for the basic program as defined by section 39.11, paragraph (b), for the base rate as applied
to kindergarten through twelfth grade, excluding small school adjustments and additional
weighting, but not money allotted through subparts F to L for contingency funds, school
board training, student training, interim maintenance and minor repair, interim administration
cost, prekindergarten, and operation and maintenance, and the amount of money that is
received according to section 124D.69;

(4) dividing the result in clause (3) by the sum of the resident pupil units in average daily
membership, excluding section 126C.05, subdivision 13, plus the tribal contract compensation
revenue pupil units; and

(5) multiplying the sum of the resident pupil units, including section 126C.05, subdivision
13
, in average daily membership plus the tribal contract compensation revenue pupil units
by the lesser of $3,230 for fiscal years 2016 to 2019 and $1,500 for fiscal year 2020 and
later
or the result in clause (4).

Sec. 29.

Minnesota Statutes 2016, section 124D.98, is amended to read:


124D.98 LITERACY INCENTIVE AID.

Subdivision 1.

Literacy incentive aid.

A district's literacy incentive aid equals the sum
of the proficiency aid under subdivision 2, and the growth aid under subdivision 3.

Subd. 2.

Proficiency aid.

The proficiency aid for each school in a district that has
submitted to the commissioner its local literacy plan under section 120B.12, subdivision
4a
, is equal to the product of the school's proficiency allowance times the number of third
grade pupils at the school on October 1 of the previous fiscal year. A school's proficiency
allowance is equal to the percentage of students in each building that meet or exceed
proficiency on the third grade reading Minnesota Comprehensive Assessment, averaged
across the previous three test administrations, times $530.

Subd. 3.

Growth aid.

The growth aid for each school in a district that has submitted to
the commissioner its local literacy plan under section 120B.12, subdivision 4a, is equal to
the product of the school's growth allowance times the number of fourth grade pupils enrolled
at the school on October 1 of the previous fiscal year. A school's growth allowance is equal
to the percentage of students at that school making medium or high growth, under section
120B.299,
scoring at least one-half standard deviation below the state expected scores on
the fourth grade reading Minnesota Comprehensive Assessment, averaged across the previous
three test administrations, times $530. The state expected scores are based on the average
assessment scores for students with similar third grade assessment scores on the Minnesota
Comprehensive Assessment.

Subd. 4.

Revenue uses.

(a) A school district or charter school's year-to-year change in
its proficiency rate equals its three-year average third grade proficiency rate for the most
recent period to the three-year third grade proficiency rate for the previous period, as
calculated under subdivision 2.

(b) A school district or charter school must reserve its literacy incentive aid under this
section and spend its literacy incentive aid only for the purposes of section 120B.12 if its
year-to-year change in its proficiency rate is less than one.

(c) A school district or charter school with a year-to-year change in its proficiency rate
of one or greater may direct its literacy incentive aid received under this section toward the
goals of its local literacy plan.

EFFECTIVE DATE.

This section is effective for revenue for fiscal years 2019 and
later.

Sec. 30.

Minnesota Statutes 2017 Supplement, section 124E.11, is amended to read:


124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.

Subdivision 1.

Limits on 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.

Subd. 2.

Timely application; lottery; enrollment preference.

(b) A charter school,
including its preschool or prekindergarten program established under section 124E.06,
subdivision 3
, paragraph (b), shall must 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 Web site, a lottery policy and process that it must
use when accepting pupils by lot.

Subd. 3.

Lottery exceptions.

(c) (a) A charter school shall must 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.

(b) 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.

(c) A charter school that is located in Duluth township in St. Louis County or in the city
of Nerstrand in Rice County,
and admits students in kindergarten through grade 6 must give
enrollment preference to students residing within a five-mile radius of the school and to the
siblings of enrolled children.

A charter school may give enrollment preference to children currently enrolled in the
school's free preschool or prekindergarten program under section 124E.06, subdivision 3,
paragraph (a), who are eligible to enroll in kindergarten in the next school year.

(d) A charter school that is located in Castle Rock Township in Dakota County must
give enrollment preference to students residing within a two-mile radius of the school and
to the siblings of enrolled children.

Subd. 4.

Age of enrollment.

(d) A person shall must 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 Web site a policy for admission of selected pupils at an earlier age, consistent with the
enrollment process in paragraphs (b) and (c) subdivisions 2 and 3.

Subd. 5.

Admission limits not allowed.

(e) Except as permitted in paragraph (d)
subdivision 4
, 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.

Subd. 6.

Enrollment incentives prohibited.

(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.

Subd. 7.

Enrollment continues.

(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.

Subd. 8.

Prekindergarten pupils.

(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).

EFFECTIVE DATE.

This section is effective for enrollment decisions made on or
after July 1, 2018.

Sec. 31.

Minnesota Statutes 2016, section 125B.07, subdivision 6, is amended to read:


Subd. 6.

Essential data.

The department shall must maintain a list of essential data
elements which must be recorded and stored about each pupil, licensed and nonlicensed
staff member,
and educational program. Each school district must provide the essential data
to the department in the form and format prescribed by the department.

Sec. 32.

Laws 2016, chapter 189, article 25, section 61, is amended to read:


Sec. 61. CERTIFICATION INCENTIVE REVENUE.

Subdivision 1.

Qualifying certificates.

As soon as practicable, the commissioner of
education, in consultation with the Governor's Workforce Development Council established
under Minnesota Statutes, section 116L.665, and the P-20 education partnership operating
under Minnesota Statutes, section 127A.70, must establish the list of qualifying career and
technical certificates and post the names of those certificates on the Department of
Education's Web site. The certificates must be in fields where occupational opportunities
exist.

Subd. 2.

School district participation.

(a) A school board may adopt a policy authorizing
its students in grades 9 through 12, including its students enrolled in postsecondary enrollment
options courses under Minnesota Statutes, section 124D.09, the opportunity to complete a
qualifying certificate. The certificate may be completed as part of a regularly scheduled
course.

(b) A school district may register a student for any assessment necessary to complete a
qualifying certificate and pay any associated registration fees for its students.

Subd. 3.

Incentive funding.

(a) A school district's career and technical certification aid
equals $500 times the district's number of students enrolled during the current fiscal year
who have obtained one or more qualifying certificates during the current fiscal year.

(b) The statewide total certificate revenue must not exceed $1,000,000 $400,000 for the
2016-2017, 2017-2018, and 2018-2019 school years
. The commissioner must proportionately
reduce the initial aid provided under this subdivision so that the statewide aid cap is not
exceeded.

Subd. 4.

Reports to the legislature.

(a) The commissioner of education must report to
the committees of the legislature with jurisdiction over kindergarten through grade 12
education and higher education by February 1, 2017, on the number and types of certificates
authorized for the 2016-2017 school year. The commissioner must also recommend whether
the pilot program should be continued.

(b) By February 1, of 2018, 2019, and 2020, the commissioner of education must report
to the committees of the legislature with jurisdiction over kindergarten through grade 12
education and higher education about the number and types of certificates earned by
Minnesota's students during the 2016-2017 prior school year.

Sec. 33.

Laws 2016, chapter 189, article 25, section 62, subdivision 15, is amended to
read:


Subd. 15.

Certificate incentive funding.

(a) For the certificate incentive program:

$
1,000,000
400,000
.....
2017

(b) $600,000 of the $1,000,000 appropriation in Laws 2016, chapter 189, article 25,
section 62, subdivision 15, is canceled to the general fund.
This is a onetime appropriation.
This appropriation is available until June 30, 2019.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 34.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 12,
is amended to read:


Subd. 12.

Museums and education centers.

For grants to museums and education
centers:

$
460,000
.....
2018
$
460,000
510,000
.....
2019

(a) $319,000 each year is for the Minnesota Children's Museum. Of the amount in this
paragraph, $50,000 in each year is for the Minnesota Children's Museum, Rochester.

(b) $50,000 each year is for the Duluth Children's Museum.

(c) $41,000 each year is for the Minnesota Academy of Science.

(d) $50,000 each year is for the Headwaters Science Center.

(e) $50,000 in fiscal year 2019 is for the Grand Rapids Children's Museum.

(f) Any balance in the first year does not cancel but is available in the second year.

(g) The base for fiscal year 2020 and later is $460,000.

Sec. 35.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 14,
is amended to read:


Subd. 14.

Singing-based pilot program to improve student reading.

(a) For a grant
to pilot a research-supported, computer-based educational program that uses singing to
improve the reading ability of students in grades 2 through 5:

$
500,000
.....
2018
$
0
.....
2019

(b) The commissioner of education shall award a grant to the Rock 'n' Read Project to
implement a research-supported, computer-based educational program that uses singing to
improve the reading ability of students in grades 2 through 5. The grantee shall be responsible
for selecting participating school sites; providing any required hardware and software,
including software licenses, for the duration of the grant period; providing technical support,
training, and staff to install required project hardware and software; providing on-site
professional development and instructional monitoring and support for school staff and
students; administering preintervention and postintervention reading assessments; evaluating
the impact of the intervention; and other project management services as required. To the
extent practicable, the grantee must select participating schools in urban, suburban, and
greater Minnesota, and give priority to schools in which a high proportion of students do
not read proficiently at grade level and are eligible for free or reduced-price lunch.

(c) By February 15, 2019, the grantee must submit a report detailing expenditures and
outcomes of the grant to the commissioner of education and the chairs and ranking minority
members of the legislative committees with primary jurisdiction over kindergarten through
grade 12 education policy and finance.

(d) This is a onetime appropriation.

(e) Any balance in the first year does not cancel but is available in the second year.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 36.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 23,
is amended to read:


Subd. 23.

Paraprofessional pathway to teacher licensure.

(a) For grants to school
districts for Grow Your Own new teacher programs:

$
1,500,000
.....
2018
$
1,500,000
.....
2019

(b) The grants are for school districts and charter schools with more than 30 percent
minority students for a Board of Teaching-approved Professional Educator Licensing and
Standards Board-approved
nonconventional teacher residency pilot program. The program
must provide tuition scholarships or stipends to enable school district and charter school
employees or community members affiliated with a school district or charter school who
seek an education license to participate in a nonconventional teacher preparation program.
School districts and charter schools that receive funds under this subdivision are strongly
encouraged to recruit candidates of color and American Indian candidates to participate in
the Grow Your Own new teacher programs. Districts or schools providing financial support
may require a commitment as determined by the district to teach in the district or school
for a reasonable amount of time that does not exceed five years.

(c) School districts and charter schools may also apply for grants to develop innovative
expanded Grow Your Own programs that encourage secondary school students to pursue
teaching, including developing and offering dual-credit postsecondary course options in
schools for "Introduction to Teaching" or "Introduction to Education" courses consistent
with Minnesota Statutes, section 124D.09, subdivision 10.

(d) Programs must annually report to the commissioner by the date determined by the
commissioner on their activities under this section, including the number of participants,
the percentage of participants who are of color or who are American Indian, and an
assessment of program effectiveness, including participant feedback, areas for improvement,
the percentage of participants continuing to pursue teacher licensure, and the number of
participants hired in the school or district as teachers after completing preparation programs.

(e) The department may retain up to three percent of the appropriation amount to monitor
and administer the grant program.

(f) Any balance in the first year does not cancel but is available in the second year.

Sec. 37.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 24,
is amended to read:


Subd. 24.

Statewide testing and reporting system.

(a) For the statewide testing and
reporting system under Minnesota Statutes, section 120B.30:

$
10,892,000
.....
2018
$
10,892,000
.....
2019

(b) Any balance in the first year does not cancel but is available in the second year.

(c) For fiscal years 2020 and 2021, the base budget for this program must be adjusted
by multiplying the fiscal year 2019 appropriation by the ratio of the estimated total number
of Minnesota Comprehensive Assessments taken by students in the current fiscal year to
the total number of Minnesota Comprehensive Assessments taken by students in fiscal year
2017. This is estimated to reduce the base appropriation by $245,000 in fiscal year 2020
and fiscal year 2021.

Sec. 38. APPROPRIATIONS.

Subdivision 1.

Commissioner of education.

The sums indicated in this section are
appropriated from the general fund to the commissioner of education in the fiscal year
designated.

Subd. 2.

Mounds View early college aid.

(a) For Independent School District No. 621,
Mounds View:

$
250,000
.....
2019

(b) The amount awarded under this subdivision must be used to provide scholarships
for teachers who teach secondary school courses for postsecondary credit through the
district's early college program to enroll in up to 18 graduate credits in an applicable subject
area. The district and the State Partnership are encouraged to collaborate to avoid duplication
of service and, to the extent practicable, provide district teachers access to the State
Partnership's continuing education program established in accordance with Laws 2017, First
Special Session chapter 5, article 2, section 48.

(c) This is a onetime appropriation.

(d) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2022. Any remaining balance is canceled to the
general fund.

Subd. 3.

Vocational enrichment revenue.

(a) For vocational enrichment grants to school
districts, including Independent School District No. 2752, Fairmont, for career and technical
education in extended week and summer school programs:

$
250,000
.....
2019

(b) A school district must apply for a grant in the form and manner specified by the
commissioner. The maximum amount of a vocational enrichment grant equals the product
of:

(1) $5,117;

(2) 1.2;

(3) the number of students participating in the program; and

(4) the ratio of the actual hours of service provided to each student to 1,020.

(c) If applications for funding exceed the amount appropriated for the program, the
commissioner must prioritize grants to programs in the following pathways: welding;
construction trades; automotive technology; household electrical skills; heating, ventilation,
and air conditioning; plumbing; culinary arts; and agriculture.

(d) This is a onetime appropriation.

(e) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2021.

Subd. 4.

Vocational postsecondary enrollment options.

(a) For a grant to Independent
School District No. 110, Waconia, to establish a career and technical education dual credit
pilot program in partnership with Hennepin County Technical College and Ridgewater
College offering courses in manufacturing and construction:

$
150,000
.....
2019

(b) A dual credit course offered under the pilot program must be taught by a qualified
school district teacher or college faculty member. A student that completes a course offered
by the career and technical education dual credit pilot program must receive both a secondary
credit and postsecondary credit. A student may also receive an industry-recognized certificate,
if appropriate.

(c) A dual credit course offered under the pilot program is not subject to the requirements
of Minnesota Statutes, section 124D.09. A student enrolled in a dual credit course is included
in the school district's average daily membership in accordance with Minnesota Statutes,
section 126C.05, during the hours of participation in the course.

(d) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2021.

(e) This is a onetime appropriation.

Subd. 5.

Mind Foundry Learning Foundation.

(a) For a grant to the Mind Foundry
Learning Foundation to run after-school STEM programming to inspire and educate
underserved youth in St. Paul about the value of STEM fields in 21st century work and
learning:

$
200,000
.....
2019

(b) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2021.

(c) This is a onetime appropriation.

Subd. 6.

Full-service community schools.

For fiscal year 2020 and later, the annual
base budget for full-service community schools is $2,000,000. This amount must be
designated and used for school support staff providing services to students attending
full-service community schools under Minnesota Statutes, section 124D.231. For purposes
of this subdivision, school support staff include mental health professionals, licensed school
counselors, licensed school psychologists, licensed school nurses, and licensed alcohol and
chemical dependency counselors.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 39. REVISOR'S INSTRUCTION.

(a) The revisor of statutes shall renumber the provisions of Minnesota Statutes listed in
column A to the references listed in column B.

Column A
Column B
136D.01
123C.01
136D.21
123C.21
136D.22
123C.22
136D.23
123C.23
136D.24
123C.24
136D.25
123C.25
136D.26
123C.26
136D.281
123C.27
136D.29
123C.28
136D.31
123C.29
136D.41
123C.41
136D.42
123C.42
136D.43
123C.43
136D.44
123C.44
136D.45
123C.45
136D.46
123C.46
136D.47
123C.47
136D.48
123C.48
136D.49
123C.49
136D.71
123C.71
136D.72
123C.72
136D.73
123C.73
136D.74
123C.74
136D.741
123C.75
136D.76
123C.76
136D.81
123C.81
136D.82
123C.82
136D.83
123C.83
136D.84
123C.84
136D.85
123C.85
136D.86
123C.86
136D.88
123C.87
136D.90
123C.88
136D.92
123C.89
136D.93
123C.90
136D.94
123C.91

(b) The revisor of statutes shall make necessary cross-reference changes in Minnesota
Statutes and Minnesota Rules consistent with renumbering of Minnesota Statutes, chapter
136D in this act, and if Minnesota Statutes, chapter 136D, is further amended in the 2018
legislative session, shall codify the amendments in a manner consistent with this act. The
revisor may make necessary changes to sentence structure to preserve the meaning of the
text.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 40. REPEALER.

Minnesota Statutes 2016, section 120B.299, subdivisions 7, 8, 9, and 11, are repealed.

ARTICLE 4

TEACHERS

Section 1.

Minnesota Statutes 2016, section 121A.39, is amended to read:


121A.39 SCHOOL COUNSELORS.

(a) A school district is strongly encouraged to have an adequate student-to-counselor
ratio for its students beginning in the 2015-2016 school year and later.

(b) A school counselor shall must assist a student in meeting the requirements for high
school graduation, college and career exploration, and selection, college affordability
planning, and successful transitions into postsecondary education or training. As part of
college and career exploration, a counselor is encouraged to present and explain the career
opportunities and benefits offered by the United States armed forces and share information
provided to the counselor by armed forces recruiters. In discussing military service with a
student or a student's parent or guardian, a school counselor is encouraged to provide the
student, parent, or guardian information concerning the military enlistment test. A counselor
may consult with the Department of Labor and Industry to identify resources for students
interested in exploring career opportunities in high-wage, high-demand occupations in the
skilled trades and manufacturing.

(c) A school counselor must not discourage or otherwise interfere with a student's
enlistment, or intention to enlist, in the armed forces.

Sec. 2.

[122A.051] CODE OF ETHICS.

Subdivision 1.

Scope.

Each teacher, upon entering the teaching profession, assumes a
number of obligations, one of which is to adhere to a set of principles that defines professional
conduct. These principles are reflected in the code of ethics, which sets forth to the education
profession and the public it serves standards of professional conduct. This code applies to
all persons licensed according to rules established by the Professional Educator Licensing
and Standards Board.

Subd. 2.

Standards of professional conduct.

(a) A teacher must provide professional
education services in a nondiscriminatory manner.

(b) A teacher must make reasonable effort to protect students from conditions harmful
to health and safety.

(c) In accordance with state and federal laws, a teacher must disclose confidential
information about individuals only when a compelling professional purpose is served or
when required by law.

(d) A teacher must take reasonable disciplinary action in exercising the authority to
provide an atmosphere conducive to learning.

(e) A teacher must not use professional relationships with students, parents, and
colleagues to personal advantage.

(f) A teacher must delegate authority for teaching responsibilities only to licensed
personnel or as otherwise provided by law.

(g) A teacher must not deliberately suppress or distort subject matter.

(h) A teacher must not knowingly falsify or misrepresent records or facts relating to that
teacher's own qualifications or to other teachers' qualifications.

(i) A teacher must not knowingly make false or malicious statements about students or
colleagues.

(j) A teacher must accept a contract for a teaching position that requires licensing only
if properly or provisionally licensed for that position.

(k) A teacher must not engage in any sexual contact with a student.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2017 Supplement, section 122A.09, subdivision 2, is amended
to read:


Subd. 2.

Advise members of profession.

The Professional Educator Licensing and
Standards Board must act in an advisory capacity to members of the profession in matters
of interpretation of the code of ethics in section 122A.051.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 4.

Minnesota Statutes 2017 Supplement, section 122A.18, subdivision 8, is amended
to read:


Subd. 8.

Background checks.

(a) The Professional Educator Licensing and Standards
Board and the Board of School Administrators must request a criminal history background
check from the superintendent of the Bureau of Criminal Apprehension on all first-time
teaching applicants for licenses under their jurisdiction. Applicants must include with their
licensure applications:

(1) an executed criminal history consent form, including fingerprints; and

(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.

(b) The superintendent of the Bureau of Criminal Apprehension shall must perform the
background check required under paragraph (a) by retrieving criminal history data as defined
in section 13.87 and shall also conduct a search of the national criminal records repository.
The superintendent is authorized to exchange fingerprints with the Federal Bureau of
Investigation for purposes of the criminal history check. The superintendent shall must
recover the cost to the bureau of a background check through the fee charged to the applicant
under paragraph (a).

(c) The Professional Educator Licensing and Standards Board or the Board of School
Administrators may issue a license pending completion of a background check under this
subdivision, but must notify the individual and the school district or charter school employing
the individual that the individual's license may be revoked based on the result of the
background check.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 5.

Minnesota Statutes 2017 Supplement, section 122A.187, subdivision 3, is amended
to read:


Subd. 3.

Professional growth.

(a) Applicants for license renewal for a Tier 3 or Tier 4
license under sections 122A.183 and 122A.184, respectively, who have been employed as
a teacher during the renewal period of the expiring license, as a condition of license renewal,
must present to their local continuing education and relicensure committee or other local
relicensure committee evidence of work that demonstrates professional reflection and growth
in best teaching practices, including among other things, cultural competence in accordance
with section 120B.30, subdivision 1, paragraph (q), and practices in meeting the varied
needs of English learners, from young children to adults under section 124D.59, subdivisions
2 and 2a. A teacher may satisfy the requirements of this paragraph by submitting the teacher's
most recent summative evaluation or improvement plan under section 122A.40, subdivision
8, or 122A.41, subdivision 5. Counselors, school social workers, and teachers who do not
provide direct instruction but who provide academic, college, and career planning and
support to students may submit proof of training on armed forces career options or careers
in the skilled trades and manufacturing as additional evidence of professional growth.

(b) The Professional Educator Licensing and Standards Board must ensure that its teacher
relicensing requirements include paragraph (a).

Sec. 6.

Minnesota Statutes 2017 Supplement, section 122A.187, is amended by adding a
subdivision to read:


Subd. 7.

Background check.

The Professional Educator Licensing and Standards Board
and the Board of School Administrators must request a criminal history background check
on a licensed teacher applying for a renewal license who has not had a background check
within the preceding five years.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 7.

Minnesota Statutes 2017 Supplement, section 122A.20, subdivision 1, is amended
to read:


Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The Professional
Educator Licensing and Standards Board or Board of School Administrators, whichever
has jurisdiction over a teacher's licensure, may, on the written complaint of the school board
employing a teacher, a teacher organization, or any other interested person, refuse to issue,
refuse to renew, suspend, or revoke a teacher's license to teach for any of the following
causes:

(1) immoral character or conduct;

(2) failure, without justifiable cause, to teach for the term of the teacher's contract;

(3) gross inefficiency or willful neglect of duty;

(4) failure to meet licensure requirements; or

(5) fraud or misrepresentation in obtaining a license.

The written complaint must specify the nature and character of the charges.

(b) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, shall must refuse to
issue, refuse to renew, or automatically revoke a teacher's license to teach without the right
to a hearing upon receiving a certified copy of a conviction showing that the teacher has
been convicted of:

(1) a qualified domestic violence-related offense, as defined in section 609.02, subdivision
16;

(2) child abuse, as defined in section 609.185 , ;

(3) domestic assault under section 609.2242;

(4) sex trafficking in the first degree under section 609.322, subdivision 1 , ;

(5) sex trafficking in the second degree under section 609.322, subdivision 1a, ;

(6) engaging in hiring, or agreeing to hire a minor to engage in prostitution under section
609.324, subdivision subdivisions 1, sexual abuse 1a, and 2;

(7) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345, 609.3451,
subdivision 3
, or 617.23, subdivision 3 , ;

(8) solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352 , ;

(9) embezzlement of public funds under section 609.54, clause (2);

(10) interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minor, ;

(11) using minors in a sexual performance under section 617.246 , ;

(12) possessing pornographic works involving a minor under section 617.247 , ; or

(13) any other offense not listed in this paragraph that requires the person to register as
a predatory offender under section 243.166, or a crime under a similar law of another state
or the United States.

In addition, the board must refuse to issue, refuse to renew, or automatically revoke a
teacher's license to teach without the right to a hearing upon receiving a certified copy of a
stay of adjudication for an offense that, if convicted of, would require predatory offender
registration under section 243.166. The board may refuse to issue, refuse to renew, or revoke
a teacher's license to teach upon receiving a certified copy of a stay of adjudication for any
other offense described in this paragraph.

The board shall must send notice of this licensing action to the district in which the teacher
is currently employed.

(c) A person whose license to teach has been revoked, not issued, or not renewed under
paragraph (b), may petition the board to reconsider the licensing action if the person's
conviction for child abuse or sexual abuse is reversed by a final decision of the Court of
Appeals or the Supreme Court or if the person has received a pardon for the offense. The
petitioner shall must attach a certified copy of the appellate court's final decision or the
pardon to the petition. Upon receiving the petition and its attachment, the board shall must
schedule and hold a disciplinary hearing on the matter under section 214.10, subdivision 2,
unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding
the reversal of the petitioner's criminal conviction or the issuance of a pardon, the petitioner
is disqualified from teaching under paragraph (a), clause (1), the board shall must affirm
its previous licensing action. If the board finds that the petitioner is not disqualified from
teaching under paragraph (a), clause (1), it shall must reverse its previous licensing action.

(d) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, must refuse to issue,
refuse to renew, or revoke a teacher's license to teach if the teacher has been convicted of:

(1) a felony; or

(2) a gross misdemeanor involving a minor.

A person whose license to teach has been revoked, not issued, or not renewed under this
paragraph may petition the board to reconsider for good cause shown, in accordance with
procedures adopted by the board.

(e) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, must refuse to issue,
refuse to renew, or revoke a teacher's license to teach if the teacher has engaged in sexual
penetration as defined in section 609.321, subdivision 11, with a student enrolled in a school
where the teacher works or volunteers.

(f) A decision by the Professional Educator Licensing and Standards Board to refuse to
issue, refuse to renew, suspend, or revoke a license must be reversed if the decision is based
on a background check and the teacher or license applicant is not the subject of the
background check. A decision by the Professional Educator Licensing and Standards Board
to refuse to issue, refuse to renew, suspend, or revoke a license under this subdivision is
not subject to review under section 122A.188.

(g) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, may suspend a teacher's
license pending an investigation into a report of conduct that would be grounds for revocation
under paragraph (b), (d), or (e).

(d) (h) For purposes of this subdivision, the Professional Educator Licensing and
Standards Board is delegated the authority to suspend or revoke coaching licenses.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 8.

Minnesota Statutes 2017 Supplement, section 122A.20, subdivision 2, is amended
to read:


Subd. 2.

Mandatory reporting.

(a) A school board must report to the Professional
Educator Licensing and Standards Board, the Board of School Administrators, or the Board
of Trustees of the Minnesota State Colleges and Universities, whichever has jurisdiction
over the teacher's or administrator's license, when its teacher or administrator is discharged
or resigns from employment after a charge is filed with the school board under section
122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed that are
grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses (1) to
(5), or when a teacher or administrator is suspended or resigns while an investigation is
pending under section 122A.40, subdivision 13, paragraph (a), clauses (1) to (5); 122A.41,
subdivisions 6, clauses (1)
, (2), and (3), and 7; or 626.556, or when a teacher or administrator
is suspended without an investigation under section 122A.41, subdivisions 6, paragraph (a),
clauses (1), (2), and (3), and 7; or 626.556. The report must be made to the appropriate
licensing board within ten days after the discharge, suspension, or resignation has occurred.
The licensing board to which the report is made must investigate the report for violation of
subdivision 1 and the reporting board must cooperate in the investigation. Notwithstanding
any provision in chapter 13 or any law to the contrary, upon written request from the licensing
board having jurisdiction over the license, a board or school superintendent shall must
provide the licensing board with information about the teacher or administrator from the
district's files, any termination or disciplinary proceeding, any settlement or compromise,
or any investigative file. Upon written request from the appropriate licensing board, a board
or school superintendent may, at the discretion of the board or school superintendent, solicit
the written consent of a student and the student's parent to provide the licensing board with
information that may aid the licensing board in its investigation and license proceedings.
The licensing board's request need not identify a student or parent by name. The consent
of the student and the student's parent must meet the requirements of chapter 13 and Code
of Federal Regulations, title 34, section 99.30. The licensing board may provide a consent
form to the district. Any data transmitted to any board under this section is private data
under section 13.02, subdivision 12, notwithstanding any other classification of the data
when it was in the possession of any other agency.

(b) The licensing board to which a report is made must transmit to the Attorney General's
Office any record or data it receives under this subdivision for the sole purpose of having
the Attorney General's Office assist that board in its investigation. When the Attorney
General's Office has informed an employee of the appropriate licensing board in writing
that grounds exist to suspend or revoke a teacher's license to teach, that licensing board
must consider suspending or revoking or decline to suspend or revoke the teacher's or
administrator's license within 45 days of receiving a stipulation executed by the teacher or
administrator under investigation or a recommendation from an administrative law judge
that disciplinary action be taken.

(c) The Professional Educator Licensing and Standards Board and Board of School
Administrators must report to the appropriate law enforcement authorities a revocation,
suspension, or agreement involving a loss of license, relating to a teacher or administrator's
inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement
authority" means a police department, county sheriff, or tribal police department. A report
by the Professional Educator Licensing and Standards Board or the Board of School
Administrators
to appropriate law enforcement authorities does not diminish, modify, or
otherwise affect the responsibilities of a licensing board, school board, or any person
mandated to report abuse under section 626.556.

(d) The Professional Educator Licensing and Standards Board and Board of School
Administrators must, immediately upon receiving information that gives the board reason
to believe a child has at any time been neglected or physically or sexually abused, as defined
in section 626.556, subdivision 2, report the information to:

(1) the local welfare agency, agency responsible for assessing or investigating the report,
or tribal social services agency; and

(2) the police department, county sheriff, or tribal police department.

A report under this paragraph does not diminish, modify, or otherwise affect the
responsibilities of a licensing board under section 626.556.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 9.

Minnesota Statutes 2017 Supplement, section 122A.40, subdivision 13, is amended
to read:


Subd. 13.

Immediate discharge.

(a) Except as otherwise provided in paragraph (b), a
board may discharge a continuing-contract teacher, effective immediately, upon any of the
following grounds:

(1) immoral conduct, insubordination, or conviction of a felony;

(2) conduct unbecoming a teacher which requires the immediate removal of the teacher
from classroom or other duties;

(3) failure without justifiable cause to teach without first securing the written release of
the school board;

(4) gross inefficiency which the teacher has failed to correct after reasonable written
notice;

(5) willful neglect of duty; or

(6) continuing physical or mental disability subsequent to a 12 months leave of absence
and inability to qualify for reinstatement in accordance with subdivision 12.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

Prior to discharging a teacher under this paragraph, the board must notify the teacher in
writing and state its ground for the proposed discharge in reasonable detail. Within ten days
after receipt of this notification the teacher may make a written request for a hearing before
the board and it shall must be granted before final action is taken. The board may suspend
a teacher with pay pending the conclusion of the hearing and determination of the issues
raised in the hearing after charges have been filed which constitute ground for discharge.
If a teacher has been charged with a felony and the underlying conduct that is the subject
of the felony charge is a ground for a proposed immediate discharge, the suspension pending
the conclusion of the hearing and determination of the issues may be without pay. If a
hearing under this paragraph is held, the board must reimburse the teacher for any salary
or compensation withheld if the final decision of the board or the arbitrator does not result
in a penalty to or suspension, termination, or discharge of the teacher.

(b) A board must discharge a continuing-contract teacher, effective immediately, upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for:

(1) child abuse, as defined in section 609.185;

(2) sex trafficking in the first degree under section 609.322, subdivision 1;

(3) sex trafficking in the second degree under section 609.322, subdivision 1a;

(4) engaging in hiring or agreeing to hire a minor to engage in prostitution under section
609.324, subdivision 1;

(5) sexual abuse under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision
3
, or 617.23, subdivision 3;

(6) solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352;

(7) interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minor;

(8) using minors in a sexual performance under section 617.246;

(9) possessing pornographic works involving a minor under section 617.247; or

(10) any other offense not listed in this paragraph that requires the person to register as
a predatory offender under section 243.166, or a crime under a similar law of another state
or the United States; or

(11) any other offense not listed in this paragraph that requires notice of a licensing
action to the district in accordance with section 122A.20, subdivision 1, paragraph (b)
.

In addition, a board must discharge a continuing-contract teacher, effective immediately,
upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a stay of adjudication for an offense that, if convicted of,
would require predatory offender registration under section 243.166.

(c) When a teacher is discharged under paragraph (b) or when the commissioner makes
a final determination of child maltreatment involving a teacher under section 626.556,
subdivision 11
, the school principal or other person having administrative control of the
school must include in the teacher's employment record the information contained in the
record of the disciplinary action or the final maltreatment determination, consistent with
the definition of public data under section 13.41, subdivision 5, and must provide the
Professional Educator Licensing and Standards Board and the licensing division at the
department
with the necessary and relevant information to enable the Professional Educator
Licensing and Standards Board and the department's licensing division to fulfill their its
statutory and administrative duties related to issuing, renewing, suspending, or revoking a
teacher's license. Information received by the Professional Educator Licensing and Standards
Board or the licensing division at the department under this paragraph is governed by section
13.41 or other applicable law governing data of the receiving entity. In addition to the
background check required under section 123B.03, a school board or other school hiring
authority must contact the Professional Educator Licensing and Standards Board and the
department
to determine whether the teacher's license has been suspended or revoked,
consistent with the discharge and final maltreatment determinations identified in this
paragraph. Unless restricted by federal or state data practices law or by the terms of a
collective bargaining agreement, the responsible authority for a school district must
disseminate to another school district private personnel data on a current or former teacher
employee or contractor of the district, including the results of background investigations,
if the requesting school district seeks the information because the subject of the data has
applied for employment with the requesting school district.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 10.

Minnesota Statutes 2017 Supplement, section 122A.41, subdivision 6, is amended
to read:


Subd. 6.

Grounds for discharge or demotion.

(a) Except as otherwise provided in
paragraph (b), causes for the discharge or demotion of a teacher either during or after the
probationary period must be:

(1) immoral character, conduct unbecoming a teacher, or insubordination;

(2) failure without justifiable cause to teach without first securing the written release of
the school board having the care, management, or control of the school in which the teacher
is employed;

(3) inefficiency in teaching or in the management of a school, consistent with subdivision
5, paragraph (b);

(4) affliction with a communicable disease must be considered as cause for removal or
suspension while the teacher is suffering from such disability; or

(5) discontinuance of position or lack of pupils.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

(b) A probationary or continuing-contract teacher must be discharged immediately upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for:

(1) child abuse, as defined in section 609.185;

(2) sex trafficking in the first degree under section 609.322, subdivision 1;

(3) sex trafficking in the second degree under section 609.322, subdivision 1a;

(4) engaging in hiring or agreeing to hire a minor to engage in prostitution under section
609.324, subdivision 1;

(5) sexual abuse under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision
3
, or 617.23, subdivision 3;

(6) solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352;

(7) interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minor;

(8) using minors in a sexual performance under section 617.246;

(9) possessing pornographic works involving a minor under section 617.247; or

(10) any other offense not listed in this paragraph that requires the person to register as
a predatory offender under section 243.166, or a crime under a similar law of another state
or the United States; or

(11) any other offense not listed in this paragraph that requires notice of a licensing
action to the district in accordance with section 122A.20, subdivision 1, paragraph (b)
.

In addition, a probationary or continuing-contract teacher must be discharged immediately
upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a stay of adjudication for an offense that, if convicted of,
would require predatory offender registration under section 243.166.

(c) When a teacher is discharged under paragraph (b) or when the commissioner makes
a final determination of child maltreatment involving a teacher under section 626.556,
subdivision 11
, the school principal or other person having administrative control of the
school must include in the teacher's employment record the information contained in the
record of the disciplinary action or the final maltreatment determination, consistent with
the definition of public data under section 13.41, subdivision 5, and must provide the
Professional Educator Licensing and Standards Board and the licensing division at the
department
with the necessary and relevant information to enable the Professional Educator
Licensing and Standards Board and the department's licensing division to fulfill their its
statutory and administrative duties related to issuing, renewing, suspending, or revoking a
teacher's license. Information received by the Professional Educator Licensing and Standards
Board or the licensing division at the department under this paragraph is governed by section
13.41 or other applicable law governing data of the receiving entity. In addition to the
background check required under section 123B.03, a school board or other school hiring
authority must contact the Professional Educator Licensing and Standards Board and the
department
to determine whether the teacher's license has been suspended or revoked,
consistent with the discharge and final maltreatment determinations identified in this
paragraph. Unless restricted by federal or state data practices law or by the terms of a
collective bargaining agreement, the responsible authority for a school district must
disseminate to another school district private personnel data on a current or former teacher
employee or contractor of the district, including the results of background investigations,
if the requesting school district seeks the information because the subject of the data has
applied for employment with the requesting school district.

EFFECTIVE DATE.

This section is effective for the day following final enactment.

Sec. 11.

Minnesota Statutes 2016, section 122A.42, is amended to read:


122A.42 GENERAL CONTROL OF SCHOOLS.

(a) The teacher of record shall have the general control and government of the school
and classroom. When more than one teacher is employed in any district, one of the teachers
may be designated by the board as principal and shall have the general control and
supervision of the schools of the district, subject to the general supervisory control of the
board and other officers.

(b) Consistent with paragraph (a), the teacher may remove students from class under
section 121A.61, subdivision 2, for violent or disruptive conduct. A school district must
include notice of a teacher's authority under this paragraph in a teacher handbook, school
policy guide, or other similar communication.

Sec. 12.

Minnesota Statutes 2016, section 122A.71, subdivision 2, is amended to read:


Subd. 2.

Responsibility.

By July 1, 1989, The Board of Teaching Professional Educator
Licensing and Standards Board
must begin to evaluate the effectiveness of prebaccalaureate,
postbaccalaureate, and other alternative program structures for preparing candidates for
entrance into the teaching profession. The evaluation shall must be conducted by independent
research centers or evaluators who are not associated with a Minnesota teacher education
institution and shall must be longitudinal in nature.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 13.

Minnesota Statutes 2017 Supplement, section 123B.03, subdivision 1, is amended
to read:


Subdivision 1.

Background check required.

(a) A school hiring authority shall must
request a criminal history background check from the superintendent of the Bureau of
Criminal Apprehension on all individuals who are offered employment in a school and on
all individuals, except enrolled student volunteers, who are offered the opportunity to provide
athletic coaching services or other extracurricular academic coaching services to a school,
regardless of whether any compensation is paid. In order for an individual to be eligible for
employment or to provide the services, the individual must provide an executed criminal
history consent form and a money order or check payable to either the Bureau of Criminal
Apprehension or the school hiring authority, at the discretion of the school hiring authority,
in an amount equal to the actual cost to the Bureau of Criminal Apprehension and the school
district of conducting the criminal history background check. A school hiring authority
deciding to receive payment may, at its discretion, accept payment in the form of a negotiable
instrument other than a money order or check and shall pay the superintendent of the Bureau
of Criminal Apprehension directly to conduct the background check. The superintendent
of the Bureau of Criminal Apprehension shall conduct the background check by retrieving
criminal history data as defined in section 13.87. A school hiring authority, at its discretion,
may decide not to request a criminal history background check on an individual who holds
an initial entrance license issued by the Professional Educator Licensing and Standards
Board or the commissioner of education within the 12 months preceding an offer of
employment.

(b) A school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:

(1) the results of the criminal background check are on file with the other school hiring
authority or otherwise accessible;

(2) the other school hiring authority conducted a criminal background check within the
previous 12 months;

(3) the individual who is the subject of the criminal background check executes a written
consent form giving a school hiring authority access to the results of the check; and

(4) there is no reason to believe that the individual has committed an act subsequent to
the check that would disqualify the individual for employment.

(c) A school hiring authority may, at its discretion, request a criminal history background
check from the superintendent of the Bureau of Criminal Apprehension on any individual
who seeks to enter a school or its grounds for the purpose of serving as a school volunteer
or working as an independent contractor or student employee. In order for an individual to
enter a school or its grounds under this paragraph when the school hiring authority decides
to request a criminal history background check on the individual, the individual first must
provide an executed criminal history consent form and a money order, check, or other
negotiable instrument payable to the school district in an amount equal to the actual cost to
the Bureau of Criminal Apprehension and the school district of conducting the criminal
history background check. Notwithstanding section 299C.62, subdivision 1, the cost of the
criminal history background check under this paragraph is the responsibility of the individual
unless a school hiring authority decides to pay the costs of conducting a background check
under this paragraph. If the school hiring authority pays the costs, the individual who is the
subject of the background check need not pay for it.

(d) In addition to the initial background check required for all individuals offered
employment in accordance with paragraph (a), a school hiring authority must request a new
criminal history background check from the superintendent of the Bureau of Criminal
Apprehension on all employees every five years. Notwithstanding any law to the contrary,
in order for an individual to be eligible for continued employment, an individual must
provide an executed criminal history consent form and a money order or check payable to
either the Bureau of Criminal Apprehension or the school hiring authority, at the discretion
of the school hiring authority, in an amount equal to the actual cost to the Bureau of Criminal
Apprehension and the school district of conducting the criminal history background check.
A school hiring authority deciding to receive payment may, at its discretion, accept payment
in the form of a negotiable instrument other than a money order or check and shall pay the
superintendent of the Bureau of Criminal Apprehension directly to conduct the background
check. A school hiring authority, at its discretion, may decide not to request a criminal
history background check on an employee who provides the hiring authority with a copy
of the results of a criminal history background check conducted within the previous 60
months. A school hiring authority may, at its discretion, decide to pay the costs of conducting
a background check under this paragraph.

(d) (e) For all nonstate residents who are offered employment in a school, a school hiring
authority shall request a criminal history background check on such individuals from the
superintendent of the Bureau of Criminal Apprehension and from the government agency
performing the same function in the resident state or, if no government entity performs the
same function in the resident state, from the Federal Bureau of Investigation. Such individuals
must provide an executed criminal history consent form and a money order, check, or other
negotiable instrument payable to the school hiring authority in an amount equal to the actual
cost to the government agencies and the school district of conducting the criminal history
background check. Notwithstanding section 299C.62, subdivision 1, the cost of the criminal
history background check under this paragraph is the responsibility of the individual.

(e) (f) At the beginning of each school year or when a student enrolls, a school hiring
authority must notify parents and guardians about the school hiring authority's policy
requiring a criminal history background check on employees and other individuals who
provide services to the school, and identify those positions subject to a background check
and the extent of the hiring authority's discretion in requiring a background check. The
school hiring authority may include the notice in the student handbook, a school policy
guide, or other similar communication. Nothing in this paragraph affects a school hiring
authority's ability to request a criminal history background check on an individual under
paragraph (c).

EFFECTIVE DATE.

This section is effective for the 2019-2020 school year and later.

Sec. 14.

Minnesota Statutes 2017 Supplement, section 123B.03, subdivision 2, is amended
to read:


Subd. 2.

Effect of background check or Professional Educator Licensing and
Standards Board action.

(a) A school hiring authority may hire or otherwise allow an
individual to provide a service to a school pending completion of a background check under
subdivision 1 or obtaining notice of a Professional Educator Licensing and Standards Board
action under subdivision 1a but shall notify the individual that the individual's employment
or other service may be terminated based on the result of the background check or
Professional Educator Licensing and Standards Board action.
A school hiring authority is
not liable for failing to hire or for terminating an individual's employment or other service
based on the result of a background check or Professional Educator Licensing and Standards
Board action under this section.

(b) For purposes of this paragraph, a school hiring authority must inform an individual
if the individual's application to be an employee or volunteer in the district has been denied
as a result of a background check conducted under this section. The school hiring authority
must also inform an individual who is a current employee or volunteer if the individual's
employment or volunteer status in the district is being terminated as a result of a background
check conducted under subdivision 4.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 15.

Minnesota Statutes 2016, section 171.02, subdivision 2a, is amended to read:


Subd. 2a.

Exception for certain school bus drivers.

Notwithstanding subdivision 2,
paragraph (b), the holder of a class D driver's license, without a school bus endorsement,
may operate a type A school bus or a multifunction school activity bus under the following
conditions:

(a) The operator is an employee of the entity that owns, leases, or contracts for the school
bus and is not solely hired to provide transportation services under this subdivision.

(b) The operator drives the school bus only from points of origin to points of destination,
not including home-to-school trips to pick up or drop off students.

(c) The operator is prohibited from using the eight-light system. Violation of this
paragraph is a misdemeanor.

(d) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:

(1) safe operation of the type of school bus the operator will be driving;

(2) understanding student behavior, including issues relating to students with disabilities;

(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;

(4) knowing and understanding relevant laws, rules of the road, and local school bus
safety policies;

(5) handling emergency situations; and

(6) safe loading and unloading of students.

(e) A background check or background investigation of the operator has been conducted
that meets the requirements under section 122A.18, subdivision 8, or 123B.03 for teachers;
section 144.057 or chapter 245C for day care employees; or section 171.321, subdivision
3
, for all other persons operating a school bus under this subdivision.

(f) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2
.

(g) The operator's driver's license is verified annually by the entity that owns, leases, or
contracts for the school bus.

(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute
or ordinance of another state is precluded from operating a school bus for five years from
the date of conviction.

(i) A person who has ever been convicted of a disqualifying offense as defined in section
171.3215, subdivision 1, paragraph (c), or received a stay of adjudication for an offense
that, if convicted of, would require predatory offender registration under section 243.166,

may not operate a school bus under this subdivision.

(j) A person who sustains a conviction, as defined under section 609.02, of a fourth
moving offense in violation of chapter 169 is precluded from operating a school bus for one
year from the date of the last conviction.

(k) Students riding the school bus must have training required under section 123B.90,
subdivision 2
.

(l) An operator must be trained in the proper use of child safety restraints as set forth in
the National Highway Traffic Safety Administration's "Guideline for the Safe Transportation
of Pre-school Age Children in School Buses," if child safety restraints are used by the
passengers.

(m) Annual certification of the requirements listed in this subdivision must be maintained
under separate file at the business location for each operator licensed under this subdivision
and subdivision 2, paragraph (b), clause (5). The business manager, school board, governing
body of a nonpublic school, or any other entity that owns, leases, or contracts for the school
bus operating under this subdivision is responsible for maintaining these files for inspection.

(n) The school bus must bear a current certificate of inspection issued under section
169.451.

(o) If the word "School" appears on the front and rear of the bus, the word "School"
must be covered by a sign that reads "Activities" when the bus is being operated under
authority of this subdivision.

(p) The type A-I school bus or multifunction school activity bus is designed to transport
15 or fewer passengers, including the driver.

(q) The school bus or multifunction school activity bus has a gross vehicle weight rating
of 14,500 pounds or less.

Sec. 16.

Minnesota Statutes 2017 Supplement, section 171.02, subdivision 2b, is amended
to read:


Subd. 2b.

Exception for type III vehicle drivers.

(a) Notwithstanding subdivision 2,
the holder of a class A, B, C, or D driver's license, without a school bus endorsement, may
operate a type III vehicle described in section 169.011, subdivision 71, paragraph (h), under
the conditions in this subdivision.

(b) The operator is an employee of the entity that owns, leases, or contracts for the school
bus.

(c) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:

(1) safe operation of a type III vehicle;

(2) understanding student behavior, including issues relating to students with disabilities;

(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;

(4) knowing and understanding relevant laws, rules of the road, and local school bus
safety policies;

(5) handling emergency situations;

(6) proper use of seat belts and child safety restraints;

(7) performance of pretrip vehicle inspections;

(8) safe loading and unloading of students, including, but not limited to:

(i) utilizing a safe location for loading and unloading students at the curb, on the nontraffic
side of the roadway, or at off-street loading areas, driveways, yards, and other areas to
enable the student to avoid hazardous conditions;

(ii) refraining from loading and unloading students in a vehicular traffic lane, on the
shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;

(iii) avoiding a loading or unloading location that would require a pupil to cross a road,
or ensuring that the driver or an aide personally escort the pupil across the road if it is not
reasonably feasible to avoid such a location;

(iv) placing the type III vehicle in "park" during loading and unloading; and

(v) escorting a pupil across the road under item (iii) only after the motor is stopped, the
ignition key is removed, the brakes are set, and the vehicle is otherwise rendered immobile;
and

(9) compliance with paragraph (k), concerning reporting certain convictions to the
employer within ten days of the date of conviction.

(d) A background check or background investigation of the operator has been conducted
that meets the requirements under section 122A.18, subdivision 8, or 123B.03 for school
district employees; section 144.057 or chapter 245C for day care employees; or section
171.321, subdivision 3, for all other persons operating a type III vehicle under this
subdivision.

(e) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2
.

(f) The operator's employer requires preemployment drug testing of applicants for
operator positions. Current operators must comply with the employer's policy under section
181.951, subdivisions 2, 4, and 5. Notwithstanding any law to the contrary, the operator's
employer may use a Breathalyzer or similar device to fulfill random alcohol testing
requirements.

(g) The operator's driver's license is verified annually by the entity that owns, leases, or
contracts for the type III vehicle as required under section 171.321, subdivision 5.

(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked under
sections 169A.50 to 169A.53 of the implied consent law or section 171.177, or who is
convicted of violating or whose driver's license is revoked under a similar statute or ordinance
of another state, is precluded from operating a type III vehicle for five years from the date
of conviction.

(i) A person who has ever been convicted of a disqualifying offense as defined in section
171.3215, subdivision 1, paragraph (c), or received a stay of adjudication for an offense
that, if convicted of, would require predatory offender registration under section 243.166,

may not operate a type III vehicle under this subdivision.

(j) A person who sustains a conviction, as defined under section 609.02, of a moving
offense in violation of chapter 169 within three years of the first of three other moving
offenses is precluded from operating a type III vehicle for one year from the date of the last
conviction.

(k) An operator who sustains a conviction as described in paragraph (h), (i), or (j) while
employed by the entity that owns, leases, or contracts for the school bus, shall report the
conviction to the employer within ten days of the date of the conviction. An operator who
sustains a conviction or receives a stay of adjudication as described in paragraph (i) while
employed by an entity that owns, leases, or contracts for the school bus shall report the
conviction or stay of adjudication to the employer within ten days of the date of the conviction
or stay of adjudication.

(l) An operator of a type III vehicle whose driver's license is suspended, revoked,
canceled, or disqualified by Minnesota, another state, or another jurisdiction must notify
the operator's employer in writing of the suspension, revocation, cancellation, lost privilege,
or disqualification. The operator must notify the operator's employer before the end of the
business day immediately following the day the operator received notice of the suspension,
revocation, cancellation, lost privilege, or disqualification.

(m) Students riding the type III vehicle must have training required under section
123B.90, subdivision 2.

(n) Documentation of meeting the requirements listed in this subdivision must be
maintained under separate file at the business location for each type III vehicle operator.
The business manager, school board, governing body of a nonpublic school, or any other
entity that owns, leases, or contracts for the type III vehicle operating under this subdivision
is responsible for maintaining these files for inspection.

(o) The type III vehicle must bear a current certificate of inspection issued under section
169.451.

(p) An employee of a school or of a school district, who is not employed for the sole
purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).

Sec. 17.

Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 2, is amended
to read:


Subd. 2.

Cancellation for disqualifying and other offenses.

Within ten days of receiving
notice under section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident
driver, that a school bus driver has been convicted of a disqualifying offense or received a
stay of adjudication for an offense that, if convicted of, would require predatory offender
registration under section 243.166
, the commissioner shall permanently cancel the school
bus driver's endorsement on the offender's driver's license and in the case of a nonresident,
the driver's privilege to operate a school bus in Minnesota. A school bus driver whose
endorsement or privilege to operate a school bus in Minnesota has been permanently canceled
may not apply for reinstatement. Within ten days of receiving notice under section 631.40,
subdivision 1a
, or otherwise receiving notice for a nonresident driver, that a school bus
driver has been convicted of a violation of section 169A.20, or a similar statute or ordinance
from another state, and within ten days of revoking a school bus driver's license under
section 169A.52 or 171.177, the commissioner shall cancel the school bus driver's
endorsement on the offender's driver's license or the nonresident's privilege to operate a
school bus in Minnesota for five years. After five years, a school bus driver may apply to
the commissioner for reinstatement. Even after five years, cancellation of a school bus
driver's endorsement or a nonresident's privilege to operate a school bus in Minnesota for
a violation under section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a
similar statute or ordinance from another state, shall remain in effect until the driver provides
proof of successful completion of an alcohol or controlled substance treatment program.
For a first offense, proof of completion is required only if treatment was ordered as part of
a chemical use assessment. Within ten days of receiving notice under section 631.40,
subdivision 1a
, or otherwise receiving notice for a nonresident driver, that a school bus
driver has been convicted of a fourth moving violation in the last three years, the
commissioner shall cancel the school bus driver's endorsement on the offender's driver's
license or the nonresident's privilege to operate a school bus in Minnesota until one year
has elapsed since the last conviction. A school bus driver who has no new convictions after
one year may apply for reinstatement. Upon canceling the offender's school bus driver's
endorsement, the commissioner shall immediately notify the licensed offender of the
cancellation in writing, by depositing in the United States post office a notice addressed to
the licensed offender at the licensed offender's last known address, with postage prepaid
thereon.

Sec. 18.

Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 3, is amended
to read:


Subd. 3.

Background check.

Before issuing or renewing a driver's license with a school
bus driver's endorsement, the commissioner shall conduct an investigation to determine if
the applicant has been convicted of committing a disqualifying offense, four moving
violations in the previous three years, a violation of section 169A.20 or a similar statute or
ordinance from another state, a gross misdemeanor, or if the applicant's driver's license has
been revoked under section 169A.52 or 171.177 or if the applicant received a stay of
adjudication for an offense that, if convicted of, would require predatory offender registration
under section 243.166
. The commissioner shall not issue a new bus driver's endorsement
and shall not renew an existing bus driver's endorsement if the applicant has been convicted
of committing a disqualifying offense or if the applicant received a stay of adjudication for
an offense that, if convicted of, would require predatory offender registration under section
243.166
. The commissioner shall not issue a new bus driver's endorsement and shall not
renew an existing bus driver's endorsement if, within the previous five years, the applicant
has been convicted of committing a violation of section 169A.20, or a similar statute or
ordinance from another state, a gross misdemeanor, or if the applicant's driver's license has
been revoked under section 169A.52 or 171.177, or if, within the previous three years, the
applicant has been convicted of four moving violations. An applicant who has been convicted
of violating section 169A.20, or a similar statute or ordinance from another state, or who
has had a license revocation under section 169A.52 or 171.177 within the previous ten years
must show proof of successful completion of an alcohol or controlled substance treatment
program in order to receive a bus driver's endorsement. For a first offense, proof of
completion is required only if treatment was ordered as part of a chemical use assessment.
A school district or contractor that employs a nonresident school bus driver must conduct
a background check of the employee's driving record and criminal history in both Minnesota
and the driver's state of residence. Convictions for disqualifying offenses, gross
misdemeanors, a fourth moving violation within the previous three years, or violations of
section 169A.20, or a similar statute or ordinance in another state, must be reported to the
Department of Public Safety.

Sec. 19.

Minnesota Statutes 2016, section 299C.17, is amended to read:


299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall require the court administrator of every court which (1) sentences
a defendant for a felony, gross misdemeanor, or targeted misdemeanor, or (2) grants a stay
of adjudication pursuant to section 609.095, paragraph (b), clause (2),
to electronically
transmit within 24 hours of the disposition of the case a report, in a form prescribed by the
superintendent providing information required by the superintendent with regard to the
prosecution and disposition of criminal cases. A copy of the report shall be kept on file in
the office of the court administrator.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 20.

[299C.77] BACKGROUND CHECKS; ADDITIONAL DISCLOSURE.

The superintendent shall disclose to each applicant for a background check or background
study required or authorized under section 122A.18, subdivision 8; 123B.03; 171.02,
subdivision 2a or 2b; or 171.3215, subdivision 3, all records of stays of adjudication granted
to the subject of the background check or background study that the superintendent receives
pursuant to section 299C.17, clause (2). The data required to be disclosed under this section
is in addition to other data on the subject of the background check or background study that
the superintendent is mandated to disclose.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 21.

Minnesota Statutes 2016, section 609.095, is amended to read:


609.095 LIMITS OF SENTENCES.

(a) The legislature has the exclusive authority to define crimes and offenses and the
range of the sentences or punishments for their violation. No other or different sentence or
punishment shall be imposed for the commission of a crime than is authorized by this chapter
or other applicable law.

(b) Except as provided in:

(1) section 152.18 or 609.375 , ; or

(2) upon agreement of the parties, a court may not refuse to adjudicate the guilt of a
defendant who tenders a guilty plea in accordance with Minnesota Rules of Criminal
Procedure, rule 15, or who has been found guilty by a court or jury following a trial.

A stay of adjudication granted under clause (2) must be reported to the superintendent of
the Bureau of Criminal Apprehension pursuant to section 299C.17.

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.

Sec. 22.

Minnesota Statutes 2017 Supplement, section 609A.03, subdivision 7a, is amended
to read:


Subd. 7a.

Limitations of order effective January 1, 2015, and later.

(a) Upon issuance
of an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) except as provided in clause (2), an expunged record may be opened, used, or
exchanged between criminal justice agencies without a court order for the purposes of
initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
purposes or providing probation or other correctional services;

(2) when a criminal justice agency seeks access to a record that was sealed under section
609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
for lack of probable cause, for purposes of a criminal investigation, prosecution, or
sentencing, the requesting agency must obtain an ex parte court order after stating a
good-faith basis to believe that opening the record may lead to relevant information;

(3) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order;

(4) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the commissioner had been properly served with notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner of human services;

(5) an expunged record of a conviction may be opened for purposes of a background
check required under section 122A.18, subdivision 8, unless the court order for expungement
is directed specifically to the Professional Educator Licensing and Standards Board or the
licensing division of the Department of Education; and

(6) the court may order an expunged record opened upon request by the victim of the
underlying offense if the court determines that the record is substantially related to a matter
for which the victim is before the court.

(c) An agency or jurisdiction subject to an expungement order shall maintain the record
in a manner that provides access to the record by a criminal justice agency under paragraph
(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
of Criminal Apprehension shall notify the commissioner of human services, and the
Professional Educator Licensing and Standards Board, or the licensing division of the
Department of Education
of the existence of a sealed record and of the right to obtain access
under paragraph (b), clause (4) or (5). Upon request, the agency or jurisdiction subject to
the expungement order shall provide access to the record to the commissioner of human
services, the Professional Educator Licensing and Standards Board, or the licensing division
of the Department of Education under paragraph (b), clause (4) or (5).

(d) An expunged record that is opened or exchanged under this subdivision remains
subject to the expungement order in the hands of the person receiving the record.

(e) A criminal justice agency that receives an expunged record under paragraph (b),
clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
record to the investigation, prosecution, or sentencing for which it was obtained.

(f) For purposes of this section, a "criminal justice agency" means a court or government
agency that performs the administration of criminal justice under statutory authority.

(g) This subdivision applies to expungement orders subject to its limitations and effective
on or after January 1, 2015.

Sec. 23.

Minnesota Statutes 2017 Supplement, section 626.556, subdivision 2, is amended
to read:


Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence
or event which:

(1) is not likely to occur and could not have been prevented by exercise of due care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance with
the laws and rules relevant to the occurrence or event.

(b) "Commissioner" means the commissioner of human services.

(c) "Facility" means:

(1) a licensed or unlicensed day care facility, certified license-exempt child care center,
residential facility, agency, hospital, sanitarium, or other facility or institution required to
be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter
144H, 245D, or 245H;

(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E;
or

(3) a nonlicensed personal care provider organization as defined in section 256B.0625,
subdivision 19a
.

(d) "Family assessment" means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs that is applied to a child
maltreatment report that does not allege sexual abuse or substantial child endangerment.
Family assessment does not include a determination as to whether child maltreatment
occurred but does determine the need for services to address the safety of family members
and the risk of subsequent maltreatment.

(e) "Investigation" means fact gathering related to the current safety of a child and the
risk of subsequent maltreatment that determines whether child maltreatment occurred and
whether child protective services are needed. An investigation must be used when reports
involve sexual abuse or substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed or certified under chapter 245A, 245D, or 245H; under
sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05,
subdivisions 9
, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider
association as defined in section 256B.0625, subdivision 19a.

(f) "Mental injury" means an injury to the psychological capacity or emotional stability
of a child as evidenced by an observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with due regard to the child's
culture.

(g) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the child's
physical or mental health when reasonably able to do so, including a growth delay, which
may be referred to as a failure to thrive, that has been diagnosed by a physician and is due
to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements appropriate
for a child after considering factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to care for the child's own basic
needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision
5
;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in good
faith selects and depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker,
or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of
medical care may cause serious danger to the child's health. This section does not impose
upon persons, not otherwise legally responsible for providing a child with necessary food,
clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision
2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in
the child at birth, results of a toxicology test performed on the mother at delivery or the
child at birth, medical effects or developmental delays during the child's first year of life
that medically indicate prenatal exposure to a controlled substance, or the presence of a
fetal alcohol spectrum disorder;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or person
responsible for the care of the child that adversely affects the child's basic needs and safety;
or

(9) emotional harm from a pattern of behavior which contributes to impaired emotional
functioning of the child which may be demonstrated by a substantial and observable effect
in the child's behavior, emotional response, or cognition that is not within the normal range
for the child's age and stage of development, with due regard to the child's culture.

(h) "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that resulted
in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar nonmaltreatment
mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota Rules, chapter
9503. If clauses (1) to (5) apply, rather than making a determination of substantiated
maltreatment by the individual, the commissioner of human services shall determine that a
nonmaltreatment mistake was made by the individual.

(i) "Operator" means an operator or agency as defined in section 245A.02.

(j) "Person responsible for the child's care" means (1) an individual functioning within
the family unit and having responsibilities for the care of the child such as a parent, guardian,
or other person having similar care responsibilities, or (2) an individual functioning outside
the family unit and having responsibilities for the care of the child such as a teacher, school
administrator, other school employees or agents, or other lawful custodian of a child having
either full-time or short-term care responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and coaching.

(k) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 125A.0942 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as allowed
by section 121A.582. Actions which are not reasonable and moderate include, but are not
limited to, any of the following:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child under 18
months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) striking a child who is at least age one but under age four on the face or head, which
results in an injury;

(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the child
to medical procedures that would be unnecessary if the child were not exposed to the
substances;

(10) unreasonable physical confinement or restraint not permitted under section 609.379,
including but not limited to tying, caging, or chaining; or

(11) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is not
limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Report" means any communication received by the local welfare agency, police
department, county sheriff, or agency responsible for child protection pursuant to this section
that describes neglect or physical or sexual abuse of a child and contains sufficient content
to identify the child and any person believed to be responsible for the neglect or abuse, if
known.

(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's
care, by a person who has a significant relationship to the child, as defined in section 609.341,
or by a person in a position of authority, as defined in section 609.341, subdivision 10, to
any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first
degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual
conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or
609.3451 (criminal sexual conduct in the fifth degree), or 609.352 (solicitation of children
to engage in sexual conduct; communication of sexually explicit materials to children)
.
Sexual abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Effective May 29, 2017,
sexual abuse includes all reports of known or suspected child sex trafficking involving a
child who is identified as a victim of sex trafficking. Sexual abuse includes child sex
trafficking as defined in section 609.321, subdivisions 7a and 7b. Sexual abuse includes
threatened sexual abuse which includes the status of a parent or household member who
has committed a violation which requires registration as an offender under section 243.166,
subdivision 1b, paragraph (a) or (b), or required registration under section 243.166,
subdivision 1b, paragraph (a) or (b).

(o) "Substantial child endangerment" means a person responsible for a child's care, by
act or omission, commits or attempts to commit an act against a child under their care that
constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) abandonment under section 260C.301, subdivision 2;

(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's
physical or mental health, including a growth delay, which may be referred to as failure to
thrive, that has been diagnosed by a physician and is due to parental neglect;

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(7) solicitation, inducement, and promotion of prostitution under section 609.322;

(8) criminal sexual conduct under sections 609.342 to 609.3451;

(9) solicitation of children to engage in sexual conduct under section 609.352;

(10) malicious punishment or neglect or endangerment of a child under section 609.377
or 609.378;

(11) use of a minor in sexual performance under section 617.246; or

(12) parental behavior, status, or condition which mandates that the county attorney file
a termination of parental rights petition under section 260C.503, subdivision 2.

(p) "Threatened injury" means a statement, overt act, condition, or status that represents
a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes,
but is not limited to, exposing a child to a person responsible for the child's care, as defined
in paragraph (j), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition that
constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law
of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal and
physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201,
subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law
of another jurisdiction.

A child is the subject of a report of threatened injury when the responsible social services
agency receives birth match data under paragraph (q) from the Department of Human
Services.

(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth
record or recognition of parentage identifying a child who is subject to threatened injury
under paragraph (p), the Department of Human Services shall send the data to the responsible
social services agency. The data is known as "birth match" data. Unless the responsible
social services agency has already begun an investigation or assessment of the report due
to the birth of the child or execution of the recognition of parentage and the parent's previous
history with child protection, the agency shall accept the birth match data as a report under
this section. The agency may use either a family assessment or investigation to determine
whether the child is safe. All of the provisions of this section apply. If the child is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.

(r) Persons who conduct assessments or investigations under this section shall take into
account accepted child-rearing practices of the culture in which a child participates and
accepted teacher discipline practices, which are not injurious to the child's health, welfare,
and safety.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 24.

Minnesota Statutes 2017 Supplement, section 626.556, subdivision 3, is amended
to read:


Subd. 3.

Persons mandated to report; persons voluntarily reporting.

(a) A person
who knows or has reason to believe a child is being neglected or physically or sexually
abused, as defined in subdivision 2, or has been neglected or physically or sexually abused
within the preceding three years, shall immediately report the information to the local welfare
agency, agency responsible for assessing or investigating the report, police department,
county sheriff, tribal social services agency, or tribal police department if the person is:

(1) a professional or professional's delegate who is engaged in the practice of the healing
arts, social services, hospital administration, psychological or psychiatric treatment, child
care, education, correctional supervision, probation and correctional services, or law
enforcement; or

(2) employed as a member of the clergy and received the information while engaged in
ministerial duties, provided that a member of the clergy is not required by this subdivision
to report information that is otherwise privileged under section 595.02, subdivision 1,
paragraph (c). ; or

(3) a member of a board or other entity whose licensees perform work within a school
facility.

(b) Any person may voluntarily report to the local welfare agency, agency responsible
for assessing or investigating the report, police department, county sheriff, tribal social
services agency, or tribal police department if the person knows, has reason to believe, or
suspects a child is being or has been neglected or subjected to physical or sexual abuse.

(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible for licensing
or certifying the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16;
or chapter 144H, 245D, or 245H; or a nonlicensed personal care provider organization as
defined in section 256B.0625, subdivision 19a. A health or corrections agency receiving a
report may request the local welfare agency to provide assistance pursuant to subdivisions
10, 10a, and 10b. A board or other entity whose licensees perform work within a school
facility, upon receiving a complaint of alleged maltreatment, shall provide information about
the circumstances of the alleged maltreatment to the commissioner of education. Section
13.03, subdivision 4, applies to data received by the commissioner of education from a
licensing entity.

(d) Notification requirements under subdivision 10 apply to all reports received under
this section.

(e) For purposes of this section, "immediately" means as soon as possible but in no event
longer than 24 hours.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 25.

Minnesota Statutes 2016, section 626.556, subdivision 10, is amended to read:


Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of report; mandatory notification between police or sheriff and agency.

(a) The
police department or the county sheriff shall immediately notify the local welfare agency
or agency responsible for child protection reports under this section orally and in writing
when a report is received. The local welfare agency or agency responsible for child protection
reports shall immediately notify the local police department or the county sheriff orally and
in writing when a report is received. The county sheriff and the head of every local welfare
agency, agency responsible for child protection reports, and police department shall each
designate a person within their agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph are carried out. When the alleged maltreatment
occurred on tribal land, the local welfare agency or agency responsible for child protection
reports and the local police department or the county sheriff shall immediately notify the
tribe's social services agency and tribal law enforcement orally and in writing when a report
is received. When a police department or county sheriff receives a report or otherwise has
information indicating that a child has been the subject of physical abuse, sexual abuse, or
neglect by a person licensed by the Professional Educator Licensing and Standards Board
or Board of School Administrators, it shall, in addition to its other duties under this section,
immediately inform the licensing board.

(b) Upon receipt of a report, the local welfare agency shall determine whether to conduct
a family assessment or an investigation as appropriate to prevent or provide a remedy for
child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving sexual abuse or substantial child
endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that sexual abuse or
substantial child endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege sexual abuse or
substantial child endangerment. In determining that a family assessment is appropriate, the
local welfare agency may consider issues of child safety, parental cooperation, and the need
for an immediate response;

(4) may conduct a family assessment on a report that was initially screened and assigned
for an investigation. In determining that a complete investigation is not required, the local
welfare agency must document the reason for terminating the investigation and notify the
local law enforcement agency if the local law enforcement agency is conducting a joint
investigation; and

(5) shall provide immediate notice, according to section 260.761, subdivision 2, to an
Indian child's tribe when the agency has reason to believe the family assessment or
investigation may involve an Indian child. For purposes of this clause, "immediate notice"
means notice provided within 24 hours.

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or
individual functioning within the family unit as a person responsible for the child's care, or
sexual abuse by a person with a significant relationship to the child when that person resides
in the child's household or by a sibling, the local welfare agency shall immediately conduct
a family assessment or investigation as identified in clauses (1) to (4). In conducting a family
assessment or investigation, the local welfare agency shall gather information on the existence
of substance abuse and domestic violence and offer services for purposes of preventing
future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected
minor, and supporting and preserving family life whenever possible. If the report alleges a
violation of a criminal statute involving sexual abuse, physical abuse, or neglect or
endangerment, under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of its investigation or assessment.
In cases of alleged child maltreatment resulting in death, the local agency may rely on the
fact-finding efforts of a law enforcement investigation to make a determination of whether
or not maltreatment occurred. When necessary the local welfare agency shall seek authority
to remove the child from the custody of a parent, guardian, or adult with whom the child is
living. In performing any of these duties, the local welfare agency shall maintain appropriate
records.

If the family assessment or investigation indicates there is a potential for abuse of alcohol
or other drugs by the parent, guardian, or person responsible for the child's care, the local
welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part
9530.6615.

(c) When a local agency receives a report or otherwise has information indicating that
a child who is a client, as defined in section 245.91, has been the subject of physical abuse,
sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it
shall, in addition to its other duties under this section, immediately inform the ombudsman
established under sections 245.91 to 245.97. The commissioner of education shall inform
the ombudsman established under sections 245.91 to 245.97 of reports regarding a child
defined as a client in section 245.91 that maltreatment occurred at a school as defined in
section 120A.05, subdivisions 9, 11, and 13, and chapter 124E.

(d) Authority of the local welfare agency responsible for assessing or investigating the
child abuse or neglect report, the agency responsible for assessing or investigating the report,
and of the local law enforcement agency for investigating the alleged abuse or neglect
includes, but is not limited to, authority to interview, without parental consent, the alleged
victim and any other minors who currently reside with or who have resided with the alleged
offender. The interview may take place at school or at any facility or other place where the
alleged victim or other minors might be found or the child may be transported to, and the
interview conducted at, a place appropriate for the interview of a child designated by the
local welfare agency or law enforcement agency. The interview may take place outside the
presence of the alleged offender or parent, legal custodian, guardian, or school official. For
family assessments, it is the preferred practice to request a parent or guardian's permission
to interview the child prior to conducting the child interview, unless doing so would
compromise the safety assessment. Except as provided in this paragraph, the parent, legal
custodian, or guardian shall be notified by the responsible local welfare or law enforcement
agency no later than the conclusion of the investigation or assessment that this interview
has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile
Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare
agency, order that, where reasonable cause exists, the agency withhold notification of this
interview from the parent, legal custodian, or guardian. If the interview took place or is to
take place on school property, the order shall specify that school officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification of intent to interview
the child on school property, as provided under this paragraph, and any other related
information regarding the interview that may be a part of the child's school record. A copy
of the order shall be sent by the local welfare or law enforcement agency to the appropriate
school official.

(e) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification shall
include the name of the child to be interviewed, the purpose of the interview, and a reference
to the statutory authority to conduct an interview on school property. For interviews
conducted by the local welfare agency, the notification shall be signed by the chair of the
local social services agency or the chair's designee. The notification shall be private data
on individuals subject to the provisions of this paragraph. School officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification or any other related
information regarding the interview until notified in writing by the local welfare or law
enforcement agency that the investigation or assessment has been concluded, unless a school
employee or agent is alleged to have maltreated the child. Until that time, the local welfare
or law enforcement agency or the agency responsible for assessing or investigating a report
of maltreatment shall be solely responsible for any disclosures regarding the nature of the
assessment or investigation.

Except where the alleged offender is believed to be a school official or employee, the
time and place, and manner of the interview on school premises shall be within the discretion
of school officials, but the local welfare or law enforcement agency shall have the exclusive
authority to determine who may attend the interview. The conditions as to time, place, and
manner of the interview set by the school officials shall be reasonable and the interview
shall be conducted not more than 24 hours after the receipt of the notification unless another
time is considered necessary by agreement between the school officials and the local welfare
or law enforcement agency. Where the school fails to comply with the provisions of this
paragraph, the juvenile court may order the school to comply. Every effort must be made
to reduce the disruption of the educational program of the child, other students, or school
staff when an interview is conducted on school premises.

(f) Where the alleged offender or a person responsible for the care of the alleged victim
or other minor prevents access to the victim or other minor by the local welfare agency, the
juvenile court may order the parents, legal custodian, or guardian to produce the alleged
victim or other minor for questioning by the local welfare agency or the local law
enforcement agency outside the presence of the alleged offender or any person responsible
for the child's care at reasonable places and times as specified by court order.

(g) Before making an order under paragraph (f), the court shall issue an order to show
cause, either upon its own motion or upon a verified petition, specifying the basis for the
requested interviews and fixing the time and place of the hearing. The order to show cause
shall be served personally and shall be heard in the same manner as provided in other cases
in the juvenile court. The court shall consider the need for appointment of a guardian ad
litem to protect the best interests of the child. If appointed, the guardian ad litem shall be
present at the hearing on the order to show cause.

(h) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(i) The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety, risk
of subsequent child maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information to
ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person reporting
the alleged maltreatment, including the nature of the reporter's relationship to the child and
to the alleged offender, and the basis of the reporter's knowledge for the report; the child
allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged maltreatment. The local welfare
agency or the agency responsible for investigating the report may make a determination of
no maltreatment early in an investigation, and close the case and retain immunity, if the
collected information shows no basis for a full investigation.

Information relevant to the assessment or investigation must be asked for, and may
include:

(1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted for assessment or investigation; information
relating to developmental functioning; credibility of the child's statement; and whether the
information provided under this clause is consistent with other information collected during
the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law enforcement
agency, or the agency responsible for assessing or investigating the report from collecting
other relevant information necessary to conduct the assessment or investigation.
Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access
to medical data and records for purposes of clause (3). Notwithstanding the data's
classification in the possession of any other agency, data acquired by the local welfare
agency or the agency responsible for assessing or investigating the report during the course
of the assessment or investigation are private data on individuals and must be maintained
in accordance with subdivision 11. Data of the commissioner of education collected or
maintained during and for the purpose of an investigation of alleged maltreatment in a school
are governed by this section, notwithstanding the data's classification as educational,
licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined in
subdivision 2, paragraph (c), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(j) Upon receipt of a report, the local welfare agency shall conduct a face-to-face contact
with the child reported to be maltreated and with the child's primary caregiver sufficient to
complete a safety assessment and ensure the immediate safety of the child. The face-to-face
contact with the child and primary caregiver shall occur immediately if sexual abuse or
substantial child endangerment is alleged and within five calendar days for all other reports.
If the alleged offender was not already interviewed as the primary caregiver, the local welfare
agency shall also conduct a face-to-face interview with the alleged offender in the early
stages of the assessment or investigation. At the initial contact, the local child welfare agency
or the agency responsible for assessing or investigating the report must inform the alleged
offender of the complaints or allegations made against the individual in a manner consistent
with laws protecting the rights of the person who made the report. The interview with the
alleged offender may be postponed if it would jeopardize an active law enforcement
investigation.

(k) When conducting an investigation, the local welfare agency shall use a question and
answer interviewing format with questioning as nondirective as possible to elicit spontaneous
responses. For investigations only, the following interviewing methods and procedures must
be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the
alleged victim and child witnesses.

(l) In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (c), the commissioner of education shall collect available and
relevant information and use the procedures in paragraphs (j) and (k), and subdivision 3d,
except that the requirement for face-to-face observation of the child and face-to-face interview
of the alleged offender is to occur in the initial stages of the assessment or investigation
provided that the commissioner may also base the assessment or investigation on investigative
reports and data received from the school facility and local law enforcement, to the extent
those investigations satisfy the requirements of paragraphs (j) and (k), and subdivision 3d.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 26.

Minnesota Statutes 2017 Supplement, section 626.556, subdivision 10e, is amended
to read:


Subd. 10e.

Determinations.

(a) The local welfare agency shall conclude the family
assessment or the investigation within 45 days of the receipt of a report. The conclusion of
the assessment or investigation may be extended to permit the completion of a criminal
investigation or the receipt of expert information requested within 45 days of the receipt of
the report.

(b) After conducting a family assessment, the local welfare agency shall determine
whether services are needed to address the safety of the child and other family members
and the risk of subsequent maltreatment.

(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurred; and second, whether child
protective services are needed. No determination of maltreatment shall be made when the
alleged perpetrator is a child under the age of ten.

(d) If the commissioner of education conducts an assessment or investigation, the
commissioner shall determine whether maltreatment occurred and what corrective or
protective action was taken by the school facility. If a determination is made that
maltreatment has occurred, the commissioner shall report to the employer, the school board,
and any appropriate licensing entity the determination that maltreatment occurred and what
corrective or protective action was taken by the school facility. In all other cases, the
commissioner shall inform the school board or employer and any appropriate licensing
entity
that a report was received, the subject of the report, the date of the initial report, the
category of maltreatment alleged as defined in paragraph (f), the fact that maltreatment was
not determined, and a summary of the specific reasons for the determination.

(e) When maltreatment is determined in an investigation involving a facility, the
investigating agency shall also determine whether the facility or individual was responsible,
or whether both the facility and the individual were responsible for the maltreatment using
the mitigating factors in paragraph (i). Determinations under this subdivision must be made
based on a preponderance of the evidence and are private data on individuals or nonpublic
data as maintained by the commissioner of education.

(f) For the purposes of this subdivision, "maltreatment" means any of the following acts
or omissions:

(1) physical abuse as defined in subdivision 2, paragraph (k);

(2) neglect as defined in subdivision 2, paragraph (g);

(3) sexual abuse as defined in subdivision 2, paragraph (n);

(4) mental injury as defined in subdivision 2, paragraph (f); or

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (c).

(g) For the purposes of this subdivision, a determination that child protective services
are needed means that the local welfare agency has documented conditions during the
assessment or investigation sufficient to cause a child protection worker, as defined in
section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment
if protective intervention is not provided and that the individuals responsible for the child's
care have not taken or are not likely to take actions to protect the child from maltreatment
or risk of maltreatment.

(h) This subdivision does not mean that maltreatment has occurred solely because the
child's parent, guardian, or other person responsible for the child's care in good faith selects
and depends upon spiritual means or prayer for treatment or care of disease or remedial care
of the child, in lieu of medical care. However, if lack of medical care may result in serious
danger to the child's health, the local welfare agency may ensure that necessary medical
services are provided to the child.

(i) When determining whether the facility or individual is the responsible party, or
whether both the facility and the individual are responsible for determined maltreatment in
a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and requirements
placed upon an employee, including the facility's compliance with related regulatory standards
and the adequacy of facility policies and procedures, facility training, an individual's
participation in the training, the caregiver's supervision, and facility staffing levels and the
scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

The evaluation of the facility's responsibility under clause (2) must not be based on the
completeness of the risk assessment or risk reduction plan required under section 245A.66,
but must be based on the facility's compliance with the regulatory standards for policies
and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota
Rules.

(j) Notwithstanding paragraph (i), when maltreatment is determined to have been
committed by an individual who is also the facility license or certification holder, both the
individual and the facility must be determined responsible for the maltreatment, and both
the background study disqualification standards under section 245C.15, subdivision 4, and
the licensing or certification actions under section 245A.06, 245A.07, 245H.06, or 245H.07
apply.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 27.

Minnesota Statutes 2016, section 631.40, subdivision 1a, is amended to read:


Subd. 1a.

Certified copy of disqualifying offense convictions sent to public safety
and school districts.

When a person is convicted of committing a disqualifying offense,
as defined in section 171.3215, subdivision 1, a gross misdemeanor, a fourth moving violation
within the previous three years, or a violation of section 169A.20, or a similar statute or
ordinance from another state, or if the person received a stay of adjudication for an offense
that, if convicted of, would require predatory offender registration under section 243.166,

the court shall determine whether the offender is a school bus driver as defined in section
171.3215, subdivision 1, whether the offender possesses a school bus driver's endorsement
on the offender's driver's license and in what school districts the offender drives a school
bus. If the offender is a school bus driver or possesses a school bus driver's endorsement,
the court administrator shall send a certified copy of the conviction or stay of adjudication
to the Department of Public Safety and to the school districts in which the offender drives
a school bus within ten days after the conviction or stay of adjudication.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 28. SURVEY OF TEACHER PREPARATION PROGRAMS.

The Professional Educator Licensing and Standards Board must survey board-approved
teacher preparation programs for teachers of elementary education, early childhood education,
special education, and reading intervention to determine the extent of dyslexia instruction
offered by the programs. The board may consult with the dyslexia specialist at the Department
of Education when developing the survey and reviewing the teacher preparation program
responses. The board must report its findings to the chairs and ranking minority members
of the legislative committees having jurisdiction over kindergarten through grade 12
education policy and finance by January 2, 2019. The report must include information on
teacher preparation program instruction on screening for characteristics of dyslexia,
evidence-based instructional strategies for students showing characteristics of dyslexia, and
best practices for assisting students showing characteristics of dyslexia and their families.
The report must be submitted in accordance with Minnesota Statutes, section 3.195.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 29. TIERED LICENSURE RULES.

(a) By July 1, 2018, the Professional Educator Licensing and Standards Board must
adopt in rule sections 30 to 48 as temporary rules that must expire upon the earlier of either
the adoption of rule draft R-4534 or January 1, 2019. The good cause exemption provided
in Minnesota Statutes, section 14.388, subdivision 1, clause (3), applies to the adoption of
rules required by this section.

(b) Sections 30 to 48 expire upon the earlier of either the adoption of rule draft R-4534
or January 1, 2019.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 30. DEFINITIONS AND GENERAL RULES FOR TEACHING LICENSES.

Subdivision 1.

Definitions.

(a) For the purposes of sections 30 to 39, the terms in this
subdivision have the meanings given them.

(b) "Assignment" means the course or courses taught in a school for which students are
granted credit.

(c) "Board" means the Professional Educator Licensing and Standards Board.

(d) "District" means a school district or a charter school.

(e) "Field specific methods" means differentiated instructional strategies targeting content
and pedagogy for a singular licensure area to enable student learning.

(f) "Good cause" means an applicant is unable to meet the requirements of a higher
licensure tier due to the lack of a reasonable path to a higher licensure tier or the path to a
higher licensure tier causes an undue burden on the applicant, as approved or denied by the
board.

(g) "Innovative program" means a school within a district that is either a state-approved
area learning center or alternative learning program or provides a school board resolution
designating the school as an innovative program, including the reason for the designation.

(h) "Licensure area" or "licensure field" means the content taught for which standards
have been adopted in Minnesota Rules.

(i) "Professional license from another state" means a teaching license from a state other
than Minnesota that allows the individual to be a teacher of record.

(j) "Related services teacher" means a teacher who holds a license issued by the board
consistent with Minnesota Statutes, section 122A.06, subdivision 2, and who meets the
requirements for a license issued pursuant to sections 42 to 46 and Minnesota Rules, parts
8710.6000 to 8710.6400.

(k) "Student teaching" means a minimum of 12 weeks when an individual enrolled in a
teacher preparation program assumes teacher responsibilities while working with a
cooperating teacher who holds a Tier 3 or 4 license or a professional license from another
state in the subject area and a provider supervisor to practice and demonstrate the necessary
development of the individual's knowledge, skills, and dispositions to become a teacher. A
student teaching experience includes observation, feedback, and evaluation from the
cooperating teacher and provider supervisor.

(l) "Teacher of record" means an individual who is responsible for the planning,
instruction, and assessment of students in a classroom and authorized to grant students credit
for meeting standards attributed to the content taught, or is part of a co-teaching assignment.

(m) "Teacher preparation program" means a program approved by the board or the state
where the program resides that trains candidates in educational pedagogy and content-specific
pedagogy for any subset of the scope of licensure for students from birth to 21 years of age.

(n) "Teaching license" or "teacher license" means a license that permits an individual
to be teacher of record. This includes Tier 1, Tier 2, Tier 3, and Tier 4 licenses issued under
sections 31 to 34.

Subd. 2.

Teaching licenses, in general.

(a) Teaching licenses must be granted by the
board to applicants who meet all requirements of applicable statutes and rules.

(b) An applicant must qualify separately for each licensure area for which an application
is made.

(c) A license becomes valid on the date issued by the board and expires on June 30 of
the expiration year. A Tier 1 or Tier 2 license, out-of-field permission, or innovative program
permission can be used until September 1 after the date of expiration if the placement is in
a summer school program at the district aligned to the license or is part of a year-round
school at the district aligned to the licensure area.

(d) The board must request a criminal history background check be performed by the
Bureau of Criminal Apprehension consistent with Minnesota Statutes, section 122A.18,
subdivision 8, upon an individual applying for a teaching license or substitute license for
the first time. Upon renewal of a teaching license, permission, or substitute license, the
board must perform a new background check on the license holder that includes a review
for national arrests, charges, and convictions if a background check has not been completed
on the license holder within the last five years.

Subd. 3.

Addition to a Tier 3 or 4 license.

When a licensure area is added to a Tier 3
or 4 license issued under sections 33 and 34, the expiration date is the date previously
established for the Tier 3 or 4 license in effect.

Subd. 4.

Movement between tiers.

Teachers may apply to obtain a license in a higher
licensure tier at any time after the requirements for the higher tier have been met. The teacher
must be granted the license under a higher tier upon review and approval by the board
pursuant to the rules established for the license sought. Applicants may obtain a license in
a lower licensure tier only if they hold a Tier 2 license in one licensure field and a district
requests to hire the applicant for a different licensure field in which the applicant does not
meet the requirements for a Tier 2 license. A teacher may simultaneously hold a Tier 1 and
a Tier 2 license under this subdivision.

Subd. 5.

Multiple expiration dates.

If a license holder has completed and verified the
renewal requirements for a currently held Tier 3 or 4 license issued under sections 33 and
34, the license holder may renew a currently held Tier 3 or 4 license up to one year before
the expiration date for the purpose of consolidating multiple expiration dates of any Tier 3
or 4 licenses held into one expiration date. The consolidation of multiple expiration dates
must be consolidated within a single tier.

Subd. 6.

Appeal.

An applicant who is denied a teaching license by the board or who is
issued a license under a different licensure tier than what was sought may appeal the board's
decision under Minnesota Rules, part 8710.0900, and Minnesota Statutes, chapter 14, and
Minnesota Statutes, section 122A.188.

Subd. 7.

Licenses issued in error.

A license issued in error to a person who does not
qualify for the license must be corrected without charge to the license holder, and the
corrections must be made without a hearing under Minnesota Rules, part 8710.0900, and
Minnesota Statutes, chapter 14. A license issued in error is not valid.

Subd. 8.

Report.

The board must issue an annual report by September 1 that summarizes
the previous fiscal year's Tier 1, 2, 3, and 4 licenses and out-of-field and innovative program
permissions, organized by licensure field, race and ethnicity, and district.

Subd. 9.

Fees.

An applicant must pay an application fee for the review of the license
pursuant to Minnesota Statutes, section 122A.21. A district must pay an application fee for
the review of a permission as set by the board.

Sec. 31. TIER 1 LICENSE.

Subdivision 1.

Purpose.

If a district is unable to fill an open position with a teacher
holding a Tier 2, 3, or 4 license, a Tier 1 license must be issued, consistent with this section,
to an applicant who does not hold a Tier 2, 3, or 4 license on behalf of a district request
except as provided in section 30, subdivision 4. A Tier 1 license authorizes the license holder
to teach within the requesting district and the specific licensure field in the application.

Subd. 2.

Requirements.

(a) The board must issue a Tier 1 license to an applicant upon
request by the designated administrator of the hiring district. The applicant must initiate the
application process and meet the requirements of this subdivision.

(b) The applicant must:

(1) hold the minimum of a bachelor's degree from a college or university located in the
United States that is regionally accredited by the Higher Learning Commission or by the
regional association for accreditation of colleges and secondary schools, as verified by a
college transcript;

(2) hold a credential from outside the United States that is equivalent to a bachelor's
degree, as verified by a credential evaluation completed by a credential evaluator approved
by the National Association of Credential Evaluation Services or other board-approved
credential evaluation service; or

(3) for applicants in career and technical education fields and career pathway courses
of study, have one of the following:

(i) five years of relevant work experience aligned to the assignment;

(ii) an associate's degree aligned to the assignment; or

(iii) a professional certification aligned to the assignment.

(c) The hiring district must show the position was posted for at least 15 days on the
board-approved statewide job board.

(d) The hiring district must affirm the applicant:

(1) will participate in a mentorship program, as available;

(2) will participate in an evaluation aligned to the district's teacher development and
evaluation model under Minnesota Statutes, section 122A.40, subdivision 8, or 122A.41,
subdivision 5, or, if the statutory models are not practicable, to another identified
district-aligned evaluation; and

(3) has the necessary skills and knowledge to teach in the content field aligned to the
assignment.

(e) A committee of board staff designated by the board must review applications that
meet board criteria for an emergency placement under this subdivision within two business
days. The committee may immediately issue an interim permission for a qualified Tier 1
license based on board-adopted minimum qualifications criteria pending review by the
board. The interim permission expires at the first possible review by the full board. The
board must review applications after the position has been posted on the board-approved
statewide job board for 15 days.

Subd. 3.

Duration.

A Tier 1 license is valid for up to one year and expires on June 30
of the expiration year.

Subd. 4.

Position change.

If a Tier 1 license holder moves to another licensure area
within a district or to another district, prior to the expiration of the Tier 1 license, the license
holder must initiate a new application, including paying the application fee, and the hiring
district must meet the requirements under subdivision 2 for the new position. The applicant
is not required to complete a new background check by the board. The Tier 1 license issued
by the board under this subdivision is considered a new license, not a renewal.

Sec. 32. TIER 2 LICENSE.

Subdivision 1.

Purpose.

A Tier 2 license must be issued, consistent with this part, to an
applicant on behalf of a district request. A Tier 2 license authorizes the license holder to
teach within the requesting district and the specific licensure field in the application.

Subd. 2.

Requirements.

(a) The board must issue a Tier 2 license to an applicant upon
request by the designated administrator of the hiring district. The applicant must initiate the
application process and must meet the requirements of this subdivision.

(b) The applicant must:

(1) hold the minimum of a bachelor's degree from a college or university located in the
United States that is regionally accredited by the Higher Learning Commission or by the
regional association for accreditation of colleges and secondary schools, as verified by a
college transcript;

(2) hold a credential from outside the United States that is equivalent to a bachelor's
degree, as verified by a credential evaluation completed by a credential evaluator approved
by the National Association of Credential Evaluation Services or other board-approved
credential evaluation service; or

(3) for applicants in career and technical education fields and career pathway courses
of study, have one of the following:

(i) five years of relevant work experience aligned to the assignment;

(ii) an associate's degree aligned to the assignment; or

(iii) a professional certification aligned to the assignment.

(c) The applicant must:

(1) be enrolled in a board-approved teacher preparation program aligned to the licensure
field;

(2) hold a master's degree, or equivalent, aligned to the assignment from a college or
university located in the United States that is regionally accredited by the Higher Learning
Commission or by the regional association for accreditation of colleges and secondary
schools, as verified by a college transcript; or

(3) show completion of two of the following:

(i) at least eight upper division or graduate-level credits aligned to the assignment;

(ii) field-specific methods in a state-approved teacher preparation program aligned to
the assignment;

(iii) at least two years of experience teaching as the teacher of record aligned to the
assignment;

(iv) board-adopted pedagogy and content examinations with passing scores aligned to
the licensure area. Any licensure area that does not have a board-approved content
examination is exempt from the content examination requirement; or

(v) a state-approved teacher preparation program aligned to the licensure area.

(d) The hiring district must affirm the applicant will participate in mentorship as available
and evaluation aligned to the district's teacher development and evaluation model under
Minnesota Statutes, section 122A.40, subdivision 8, or 122A.41, subdivision 5, or, if the
statutory models are not practicable, to another identified district-aligned evaluation.

Subd. 3.

Duration.

A Tier 2 license is valid for up to two years and expires on June 30
of the expiration year.

Subd. 4.

Position change.

If a Tier 2 license holder moves to another licensure area
within a district or to another district, prior to the expiration of the Tier 2 license, the license
holder must initiate a new application, including paying the application fee, and the hiring
district must meet the requirements under subdivision 2 for the new position. The applicant
is not required to complete a new background check by the board. The Tier 2 license issued
by the board under this subdivision is considered a new license, not a renewal.

Sec. 33. TIER 3 LICENSE.

Subdivision 1.

Purpose.

A Tier 3 license must be issued to an applicant, consistent with
this part, aligned to the scope and field of the applicant's training and experience. A Tier 3
license authorizes the license holder to teach within the specific licensure field for which
board rules exist.

Subd. 2.

Requirements.

(a) The board must issue a Tier 3 license if the applicant meets
all of the requirements of this subdivision.

(b) The applicant must:

(1) hold the minimum of a bachelor's degree from a college or university located in the
United States that is regionally accredited by the Higher Learning Commission or by the
regional association for accreditation of colleges and secondary schools, as verified by a
college transcript;

(2) hold a credential from outside the United States that is equivalent to a bachelor's
degree, as verified by a credential evaluation completed by a credential evaluator approved
by the National Association of Credential Evaluation Services or other board-approved
credential evaluation service; or

(3) for applicants in career and technical education fields and career pathway courses
of study, have one of the following:

(i) five years of relevant work experience aligned to the licensure area sought;

(ii) an associate's degree aligned to the licensure area sought; or

(iii) a professional certification aligned to the licensure area sought from an approved
certifying organization.

(c) The applicant must obtain passing scores on the board-approved pedagogy and content
examinations aligned to the licensure area sought. Any licensure area that does not have a
board-approved content examination is exempt from the content examination requirement.

(d) The applicant must show one of the following:

(1) completion of a board-approved conventional, nonconventional, or alternative teacher
preparation program aligned to the licensure area sought. The board must accept certifications
in related services positions under sections 41 to 45 and Minnesota Rules, parts 8710.6000
to 8710.6400, in lieu of completion of a board-approved teacher preparation program;

(2) completion of a preparation program approved in another state aligned to the licensure
area sought that included field-specific student teaching equivalent to field-specific student
teaching in Minnesota-approved teacher preparation programs. The applicant is exempt
from field-specific student teaching if the applicant has at least two years of field-specific
experience teaching as the teacher of record in the licensure area sought;

(3) recommendation for licensure via portfolio application aligned to the licensure area
sought;

(4) holds or held a professional license from another state in good standing aligned to
the licensure area sought with at least two years of experience teaching as the teacher of
record aligned to the licensure area sought; or

(5) has at least three years of experience teaching as the teacher of record aligned to the
licensure area sought under a Tier 2 license and presents evidence of summative teacher
evaluations that did not result in placing or otherwise keeping the teacher on an improvement
process aligned to the district's teacher development and evaluation plan.

Subd. 3.

Duration.

A Tier 3 license is valid for up to three years and expires on June
30 of the expiration year.

Subd. 4.

Restrictions.

(a) An applicant whose content training or experience does not
align to a currently approved Minnesota license, but for which past rules have been adopted,
and who meets all other requirements of subdivision 2, must be issued a Tier 3 license
restricted to the scope and licensure area of the applicant's content training or experience.

(b) Applicants with content training and experience within two grade levels of a currently
approved Minnesota licensure scope must be granted the full scope of the Minnesota license.

(c) Applicants who meet the requirements of subdivision 2, paragraphs (b) and (c), from
a Montessori Accreditation Council for Teacher Education accredited training center must
be issued a Tier 3 license restricted to a Montessori setting and aligned to the scope of
training.

Sec. 34. TIER 4 LICENSE.

Subdivision 1.

Purpose.

A Tier 4 license authorizes the license holder, consistent with
this part, to teach in the field and scope aligned to the license holder's preparation. A Tier
4 license indicates the license holder has had at least three years of experience in Minnesota
within the field and scope of licensure and completed the professional development
requirements mandated by statute.

Subd. 2.

Requirements.

(a) The board must issue a Tier 4 license if the applicant meets
all of the requirements of this subdivision.

(b) The applicant must:

(1) hold the minimum of a bachelor's degree from a college or university located in the
United States that is regionally accredited by the Higher Learning Commission or by the
regional association for accreditation of colleges and secondary schools, as verified by a
college transcript;

(2) hold a credential from outside the United States that is equivalent to a bachelor's
degree, as verified by a credential evaluation completed by a credential evaluator approved
by the National Association of Credential Evaluation Services or other board-approved
credential evaluation service; or

(3) for applicants in career and technical education fields and career pathway courses
of study, have one of the following:

(i) five years of relevant work experience aligned to the licensure area sought;

(ii) an associate's degree aligned to the licensure area sought; or

(iii) a professional certification aligned to the licensure area sought from an approved
certifying organization.

(c) The applicant must have completed one of the following:

(1) a board-approved conventional, nonconventional, or alternative teacher preparation
program aligned to the licensure area sought. The board must accept certifications in related
services positions under sections 41 to 45 and Minnesota Rules, parts 8710.6000 to
8710.6400, in lieu of completion of a board-approved teacher preparation program; or

(2) a preparation program approved in another state aligned to the licensure area sought
that included field-specific student teaching equivalent to field-specific student teaching in
Minnesota-approved teacher preparation programs. The applicant is exempt from
field-specific student teaching if the applicant has at least two years of field-specific
experience teaching as the teacher of record.

(d) The applicant must obtain passing scores on the board-approved skills, pedagogy,
and content examinations aligned to the licensure area sought. Any licensure area that does
not have a board-approved content examination is exempt from the content examination
requirement.

(e) The applicant must have at least three years of experience teaching in Minnesota as
the teacher of record.

(f) The applicant's most recent summative evaluation must not have resulted in placing
or otherwise keeping the teacher in an improvement process aligned to the district's teacher
development and evaluation plan.

(g) The applicant must have participated in mentorship and evaluation aligned to the
district's teacher development and evaluation model under Minnesota Statutes, section
122A.40, subdivision 8, or 122A.41, subdivision 5, or, if the statutory models are not
practicable, to another identified district-aligned evaluation.

Subd. 3.

Adding a Tier 4 license.

To add an additional Tier 4 license, the applicant
must show evidence of meeting the requirements of subdivision 2, paragraph (d), and section
33, subdivision 2, paragraph (d), clause (1), (2), or (3), in the licensure area sought. An
applicant may add a teachers of science endorsement by meeting the requirements of
Minnesota Rules, part 8710.4770.

Subd. 4.

Duration.

A Tier 4 license is valid for up to five years and expires on June 30
of the expiration year.

Subd. 5.

Restrictions.

(a) An applicant whose content training or experience does not
align to a currently approved Minnesota license, but for which past rules have been adopted,
and who meets all other requirements of this part must be issued a Tier 4 license restricted
to the scope and licensure area of the applicant's content training or experience.

(b) Applicants with content training and experience within two grade levels of a currently
approved Minnesota licensure scope must be granted the full scope of the Minnesota license.

Sec. 35. OUT-OF-FIELD PERMISSION.

Subdivision 1.

Purpose.

An out-of-field permission authorizes a teacher holding a Tier
3 or 4 license, consistent with this part, to teach in a field not aligned with the Tier 3 or 4
license.

Subd. 2.

Requirements.

(a) The board must issue an out-of-field permission upon request
by the designated administrator of the hiring district. The applicant must initiate the
application process, and the hiring district must show:

(1) the applicant holds a valid Tier 3 or 4 license;

(2) the applicant holds a license other than for a related services position under sections
41 to 45 and Minnesota Rules, parts 8710.6000 to 8710.6400;

(3) the applicant approves the request; and

(4) the position was posted for at least 15 days on the board-approved statewide job
board.

(b) A committee of board staff designated by the board must review applications
requesting emergency placements under this subdivision within two business days. The
committee may immediately issue an out-of-field permission based on board-adopted criteria
pending review by the board. The board must review applications after the position has
been posted on the board-approved statewide job board for 15 days.

Subd. 3.

Duration.

An out-of-field permission is valid for up to one year and expires
on June 30 of the expiration year.

Subd. 4.

Limitations and exceptions.

(a) An individual cannot hold an out-of-field
permission to work in a related services position.

(b) An out-of-field permission is limited to the licensure area and the district for which
it was granted.

(c) An out-of-field permission granted for a summer school only position may be renewed
an unlimited number of times.

Sec. 36. INNOVATIVE PROGRAM PERMISSION.

Subdivision 1.

Purpose.

An innovative program permission authorizes a licensed teacher,
consistent with this part, to teach multiple fields within an established innovative program.

Subd. 2.

Requirements.

The board must issue an innovative program permission upon
request by the designated administrator of the hiring district. The applicant must initiate the
application process, and the hiring district must show:

(1) the applicant holds a Tier 3 or 4 license; and

(2) the teaching assignment is within an innovative program.

Subd. 3.

Duration.

An innovative program permission is valid for up to one year and
expires on June 30 of the expiration year.

Subd. 4.

Renewal.

An innovative program permission may be renewed an unlimited
number of times.

Sec. 37. SHORT-CALL SUBSTITUTE LICENSE.

Subdivision 1.

Purpose.

A short-call substitute license authorizes the license holder to
replace the same teacher of record for no more than 15 consecutive school days.

Subd. 2.

Requirements.

The board must issue a short-call substitute license to an
applicant who meets the requirements of this subdivision. The applicant must:

(1) hold the minimum of a bachelor's degree from a college or university located in the
United States that is regionally accredited by the Higher Learning Commission or by the
regional association for accreditation of colleges and secondary schools, as verified by a
college transcript;

(2) hold a credential from outside the United States that is equivalent to a bachelor's
degree, as verified by a credential evaluation completed by a credential evaluator approved
by the National Association of Credential Evaluation Services or other board-approved
credential evaluation service;

(3) for applicants in career and technical education fields and career pathway courses
of study, have one of the following:

(i) five years of relevant work experience aligned to the assignment;

(ii) an associate's degree aligned to the assignment; or

(iii) a professional certification aligned to the assignment from an approved certifying
organization; or

(iv) be enrolled in and making meaningful progress, as defined by the provider, in a
board-approved teacher preparation program and have successfully completed student
teaching to be employed as a short-call substitute teacher.

Subd. 3.

Duration.

A short-call substitute license is valid for up to three years and
expires on June 30 of the expiration year.

Subd. 4.

Renewal.

An applicant must reapply for a short-call substitute license upon its
expiration.

Sec. 38. LIFETIME SUBSTITUTE LICENSE.

Subdivision 1.

Purpose.

A lifetime substitute license is issued, consistent with this
section, to a retired teacher and authorizes the license holder to replace a teacher of record
who is on an approved leave of absence.

Subd. 2.

Requirements.

The board must issue a lifetime substitute license to an applicant
who meets one of the following:

(1) holds or held a Tier 3 or 4 license, a Minnesota five-year standard license or its
equivalent, or a professional license from another state and receives a retirement annuity
as a result of the person's teaching experience; or

(2) holds or held a Tier 3 or 4 license or a Minnesota five-year standard license or its
equivalent, taught for at least three years in an accredited nonpublic school in Minnesota,
and receives a retirement annuity as a result of the person's teaching experience.

Subd. 3.

Duration.

A lifetime substitute license does not expire.

Subd. 4.

Limitations.

A teacher holding a lifetime substitute license may replace the
same teacher of record on an approved leave of absence for more than 15 consecutive school
days if the substitute teacher's previous Tier 3 or 4 license, Minnesota five-year standard
license or its equivalent, or professional license from another state is aligned to the
assignment.

Sec. 39. TEACHERS OF READING.

A candidate for licensure to teach reading to students in kindergarten through grade 12
shall hold or qualify for a teaching license, as defined in section 30, valid for one or more
of the following student levels: elementary, middle, or secondary.

Sec. 40. READING LEADER.

A candidate for licensure to teach reading to students in kindergarten through grade 12
shall hold or qualify for a teaching license, as defined in section 30, valid for one or more
of the following student levels: elementary, middle, or secondary.

Sec. 41. SPEECH-LANGUAGE PATHOLOGIST.

Subdivision 1.

Exceptions.

A speech-language pathologist teacher is not required to
pass content, pedagogy, or basic skills examinations.

Subd. 2.

Requirements for Tier 2 license.

(a) A Tier 2 license issued under section 32
must be issued to a speech-language pathologist teacher if the requirements of this subdivision
are met.

(b) The applicant must:

(1) hold a baccalaureate degree in speech-language pathology or communication
disorders; and

(2) be enrolled in a master's degree program. The recommending institution must agree
in writing to provide supervision for the speech-language pathologist teacher.

(c) The hiring district must:

(1) request a Tier 2 license from the board; and

(2) affirm the applicant will participate in an evaluation aligned to the district's teacher
development and evaluation model under Minnesota Statutes, section 122A.40, subdivision
8, or 122A.41, subdivision 5, or if the statutory models are not practicable, to another
identified district-aligned evaluation.

Subd. 3.

Requirements for Tier 3 license.

A Tier 3 license issued under section 33
must be issued to a speech-language pathologist teacher if the applicant provides evidence
of:

(1) having completed a master's degree in speech-language pathology from a program
accredited by the Council on Academic Affairs of the American Speech-Language-Hearing
Association; or

(2) holding a valid certificate of clinical competence from the American
Speech-Language-Hearing Association.

Subd. 4.

Requirements for Tier 4 license.

A Tier 4 license issued under section 34
must be issued to a speech-language pathologist teacher if the applicant:

(1) meets all requirements for a Tier 3 license under subdivision 3;

(2) has at least three years of experience as a speech-language pathologist teacher in
Minnesota schools; and

(3) was not placed or otherwise kept in an improvement process aligned to the district's
teacher development and evaluation plan by the applicant's most recent summative evaluation.

Sec. 42. SCHOOL NURSE.

Subdivision 1.

Exceptions.

A school nurse is not required to pass content, pedagogy,
or basic skills examinations.

Subd. 2.

Requirements for Tier 3 license.

A Tier 3 license issued under section 33
must be issued to a school nurse if the applicant:

(1) holds a baccalaureate degree in nursing from a regionally accredited college or
university;

(2) is currently registered in Minnesota to practice as a licensed registered nurse under
the Board of Nursing; and

(3) is currently registered in Minnesota as a public health nurse under the Board of
Nursing.

Subd. 3.

Requirements for Tier 4 license.

A Tier 4 license issued under section 34
must be issued to a school nurse if the applicant:

(1) meets all requirements for a Tier 3 license under subdivision 2;

(2) has at least three years of experience as a school nurse in Minnesota; and

(3) was not placed or otherwise kept in an improvement process aligned to the district's
teacher development and evaluation plan by the applicant's most recent summative evaluation.

Subd. 4.

Maintaining board of nursing registration.

In order to retain licensure as a
school nurse, current registration as a registered nurse and registration as a public health
nurse must be maintained at all times. Lapse of this registration or licensure is grounds for
revocation of licensure as a school nurse.

Persons without baccalaureate degrees who hold valid licenses as school nurses may
continue to renew their licenses under subdivision 4, provided that requirements for renewal
are met. However, if a license is allowed to lapse, persons must meet the licensure
requirements in subdivision 2 or 3 in order to receive a current school nurse license.

Sec. 43. SCHOOL PSYCHOLOGIST.

Subdivision 1.

Exceptions.

A school psychologist is not required to pass content,
pedagogy, or basic skills examinations.

Subd. 2.

Requirements for Tier 2 license.

(a) A Tier 2 license issued under section 32
must be issued to a school psychologist if the requirements of this subdivision are met.

(b) The applicant must:

(1) provide evidence that the applicant has completed a school psychology program not
accredited by the National Association of School Psychologists and does not hold a National
School Psychologist Certification; or

(2) hold a master's degree or equivalent in a school psychology program and provide
verification of completion of at least three years of preparation required for licensure as a
school psychologist. The recommending institution must verify completion of at least three
years of preparation required for licensure as a school psychologist, affirm that the institution
will assist in designing the learning experience, and provide supervision during the learning
experience.

(c) The hiring district must:

(1) request a Tier 2 license from the board;

(2) affirm the applicant will participate in an evaluation aligned to the district's teacher
development and evaluation model under Minnesota Statutes, section 122A.40, subdivision
8, or 122A.41, subdivision 5, or if the statutory models are not practicable, to another
identified district-aligned evaluation; and

(3) if the applicant obtains a Tier 2 license pursuant to paragraph (b), clause (2), assign
a school psychologist who holds a Tier 3 or Tier 4 license issued under sections 33 and 34
to supervise the applicant.

Subd. 3.

Tier 2 license duration; renewal.

(a) A Tier 2 license issued under subdivision
2, paragraph (b), clause (1), is valid for up to two years, expires on June 30 of the expiration
year, and may be renewed one time pursuant to board rules.

(b) A Tier 2 license issued under subdivision 2, paragraph (b), clause (2), may be used
only in the requesting district, is valid for up to one school year, and expires on the June 30
following the date of issuance. The license may be renewed one time upon application to
the board if the applicant must complete the equivalent of one school year of internship
experience during the following school year. The license shall be revoked by the board if
it is demonstrated that the intent and purpose of the licensure have not been fulfilled.

Subd. 4.

Requirements for Tier 3 license.

A Tier 3 license issued under section 33
must be issued to a school psychologist if the applicant has completed a preparation program
in school psychology accredited by the National Association of School Psychologists.

Subd. 5.

Requirements for Tier 4 license.

A Tier 4 license issued under section 34
must be issued to a school psychologist if the applicant:

(1) meets all requirements for a Tier 3 license issued under subdivision 4;

(2) has at least three years of experience working as a school psychologist in Minnesota;
and

(3) was not placed or otherwise kept in an improvement process aligned to the district's
teacher development and evaluation plan by the applicant's most recent summative evaluation.

Sec. 44. SCHOOL SOCIAL WORKER.

Subdivision 1.

Exceptions.

A school social worker is not required to pass content,
pedagogy, or basic skills examinations.

Subd. 2.

Requirements for Tier 3 license.

A Tier 3 license issued under section 33
must be issued to a school social worker if the applicant:

(1) holds a baccalaureate or master's degree in social work from a program accredited
by the Council on Social Work Education; and

(2) is currently licensed in Minnesota to practice as a social worker under the Board of
Social Work.

Subd. 3.

Requirements for Tier 4 license.

A Tier 4 license issued under section 34
must be issued to a school social worker if the applicant:

(1) meets all requirements for a Tier 3 license under subdivision 2;

(2) has at least three years of experience working as a school social worker in Minnesota;
and

(3) was not placed or otherwise kept in an improvement process aligned to the district's
teacher development and evaluation plan by the applicant's most recent summative evaluation.

Sec. 45. SCHOOL COUNSELOR.

Subdivision 1.

Exceptions.

A school counselor is not required to pass content, pedagogy,
or basic skills examinations.

Subd. 2.

Requirements for Tier 2 license.

(a) A Tier 2 license issued under section 32
must be issued to a school counselor if the requirements of this subdivision are met.

(b) The applicant must:

(1) hold a baccalaureate degree;

(2) be enrolled in an accredited school counselor education program;

(3) have accumulated no less than 24 semester credit hours in school counseling-specific
coursework or content, including introduction to the field, counseling skills, and ethical
standards; and

(4) verify to the board in writing a plan of study of full- or part-time enrollment to achieve
licensure within three years.

(c) The hiring district must show the position was posted for at least 15 days on the
board-approved statewide job board.

(d) The hiring district must:

(1) request a Tier 2 license from the board; and

(2) affirm the applicant will participate in an evaluation aligned to the district's teacher
development and evaluation model under Minnesota Statutes, section 122A.40, subdivision
8, or 122A.41, subdivision 5, or if the statutory models are not practicable, to another
identified district-aligned evaluation.

(e) Applicants granted a license to practice under this subdivision must obtain approval
to practice in writing from the school counseling program in which they are enrolled and
must be supervised by a duly licensed school counselor with no less than two years of
full-time practice experience.

Subd. 3.

Tier 2 license duration.

A Tier 2 license issued under subdivision 2 is valid
for two years and may be renewed one time.

Subd. 4.

Requirements for Tier 3 license.

A Tier 3 license issued under section 33
must be issued to a school counselor if the applicant:

(1) holds a master's degree or the equivalent in school counseling from a college or
university that is regionally accredited by the association for the accreditation of colleges
and secondary schools; and

(2) shows verification of having completed a preparation program approved by the state
where the program resides or the Council for the Accreditation of Counseling and Related
Educational Services.

Subd. 5.

Requirements for Tier 4 license.

A Tier 4 license issued under section 34
must be issued to a school counselor if the applicant:

(1) meets all requirements for a Tier 3 license issued under subdivision 4;

(2) has at least three years of experience working as a school counselor in Minnesota;
and

(3) was not placed or otherwise kept in an improvement process aligned to the district's
teacher development and evaluation plan by the applicant's most recent summative evaluation.

Sec. 46. DUTY OF LICENSEE TO RENEW.

It is the responsibility of the person seeking the renewal of a Tier 3 or 4 teaching license
to comply with licensure renewal requirements and to submit the application, appropriate
verification, and other supporting materials to the local continuing education/relicensure
committee, in accordance with procedures and due dates established by that committee.

Sec. 47. CAREER PATHWAYS TEACHER.

Subdivision 1.

Scope of practice.

A career pathways teacher is authorized to teach
students the skills and information necessary for a specific career where that career does
not necessarily require a four-year degree and in which there are not board rules in place.
Such careers include but are not limited to law enforcement, cosmetology, and park services.

Subd. 2.

Licensure requirements.

(a) A candidate for licensure as a career pathways
teacher must meet the requirements of this subdivision.

(b) The applicant must have one of the following:

(1) five years of relevant work experience;

(2) at least an associate's degree aligned to the career field; or

(3) a professional certification aligned to the career field from an approved certifying
organization.

(c) The applicant must demonstrate to the board the standards of effective practice under
Minnesota Rules, part 8710.2000, have been met through standards of effective practice
coursework or experiences through a teacher preparation provider.

Sec. 48. REPEALER.

(a) Minnesota Rules, parts 8700.7620; 8710.0300, subparts 1, 1a, 2, 2a, 2b, 3, 5, 6, 7,
8, 9, 10, and 11; 8710.1000; 8710.1050; 8710.1250; 8710.1400; and 8710.1410,
are repealed.

(b) Minnesota Statutes 2017 Supplement, section 122A.09, subdivision 1, and Minnesota
Rules, part 8710.2100, subparts 1 and 2,
are repealed.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 5

SPECIAL EDUCATION

Section 1.

Minnesota Statutes 2016, section 125A.76, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purposes of this section and section 125A.79,
the definitions in this subdivision apply.

(b) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2. For the
purposes of computing basic revenue pursuant to this section, each ch