HF 5005

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 01:28pm

A bill for an act
relating to education; suspending social studies standards adoption and modifying
review cycle; repealing ethnic studies requirements; canceling ethnic studies
appropriations; amending Minnesota Statutes 2023 Supplement, sections 120B.021,
subdivision 4; 120B.024, subdivision 2; 120B.11, subdivision 1; 124D.861,
subdivision 2; Laws 2023, chapter 55, article 12, section 17, subdivision 2; repealing
Minnesota Statutes 2023 Supplement, sections 120B.25; 120B.251; Laws 2023,
chapter 55, article 2, sections 60; 64, subdivisions 13, 14.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 4, is
amended to read:

Subd. 4.

Revisions and reviews required.

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

(b) The commissioner must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 are aligned with the state academic
standards in mathematics, consistent with section 120B.302, subdivision 3, paragraph (a).
The commissioner must implement a review of the academic standards and related
benchmarks in mathematics beginning in the 2021-2022 school year and every ten years
thereafter.

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

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

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

(f) The commissioner must implement a review of the academic standards and related
benchmarks in social studies beginning in the deleted text begin 2020-2021 deleted text end new text begin 2030-2031 new text end school year and every
ten years thereafter.

(g) The commissioner must implement a review of the academic standards and related
benchmarks in physical education beginning in the 2026-2027 school year and every ten
years thereafter.

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

(i) The commissioner of education must embed technology and information literacy
standards consistent with recommendations from school media specialists into the state's
academic standards and graduation requirements.

deleted text begin (j) The commissioner of education must embed ethnic studies as related to the academic
standards during the review and revision of the required academic standards.
deleted text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 120B.024, subdivision 2, is amended
to read:

Subd. 2.

Credit equivalencies.

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

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

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

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

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

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

deleted text begin (g) An ethnic studies course may fulfill a social studies, language arts, arts, math, or
science credit if the course meets the applicable state academic standards. An ethnic studies
course may fulfill an elective credit if the course meets applicable local standards or other
requirements.
deleted text end

Sec. 3.

Minnesota Statutes 2023 Supplement, 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; 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.

deleted text begin (e) "Ethnic studies" as defined in section 120B.25 has the same meaning for purposes
of this section. Ethnic studies curriculum may be integrated in existing curricular
opportunities or provided through additional curricular offerings.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end "Antiracist" means actively working to identify and eliminate racism in all forms
in order to change policies, behaviors, and beliefs that perpetuate racist ideas and actions.

deleted text begin (g) deleted text end new text begin (f) new text end "Culturally sustaining" means integrating content and practices that infuse the
culture and language of Black, Indigenous, and People of Color communities who have
been and continue to be harmed and erased through the education system.

deleted text begin (h) deleted text end new text begin (g) new text end "Institutional racism" means structures, policies, and practices within and across
institutions that produce outcomes that disadvantage those who are Black, Indigenous, and
People of Color.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 124D.861, subdivision 2, is amended
to read:

Subd. 2.

Plan implementation; components.

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

(b) The plan must contain goals for:

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

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

(c) The plan must include strategies to validate, affirm, embrace, and integrate cultural
and community strengths of all students, families, and employees in the district's curriculum
as well as learning and work environments. The plan must address issues of institutional
racism as defined in section 120B.11, subdivision 1, in schools that create opportunity and
achievement gaps for students, families, and staff who are of color or who are American
Indian. Examples of institutional racism experienced by students who are of color or who
are American Indian include policies and practices that intentionally or unintentionally
result in disparate discipline referrals and suspension, inequitable access to advanced
coursework, overrepresentation in lower-level coursework, inequitable participation in
cocurricular activities, inequitable parent involvement, and lack of equitable access to
racially and ethnically diverse teachers who reflect the racial or ethnic diversity of students
because it has not been a priority to hire or retain such teachers.

(d) School districts must use local data, to the extent practicable, to develop plan
components and strategies. Plans may include:

(1) innovative and integrated prekindergarten through grade 12 learning environments
that offer students school enrollment choices;

(2) family engagement initiatives that involve families in their students' academic life
and success and improve relations between home and school;

(3) opportunities for students, families, staff, and community members who are of color
or American Indian to share their experiences in the school setting with school staff and
administration and to inform the development of specific proposals for making school
environments more validating, affirming, embracing, and integrating of their cultural and
community strengths;

(4) professional development opportunities for teachers and administrators focused on
improving the academic achievement of all students, including knowledge, skills, and
dispositions needed to be antiracist and culturally sustaining as defined in section 120B.11,
subdivision 1, for serving students who are from racially and ethnically diverse backgrounds;

(5) recruitment and retention of teachers, administrators, cultural and family liaisons,
paraprofessionals, and other staff from racial, ethnic, and linguistic backgrounds represented
in the student population to strengthen relationships with all students, families, and other
members of the community;

(6) collection, examination, and evaluation of academic and discipline data for
institutional racism as defined in section 120B.11, subdivision 1, in structures, policies, and
practices that result in the education disparities, in order to propose antiracist changes as
defined in section 120B.11, subdivision 1, that increase access, meaningful participation,
representation, and positive outcomes for students of color and American Indian students;

(7) increased programmatic opportunities and effective and more diverse instructors
focused on rigor and college and career readiness for students who are impacted by racial,
gender, linguistic, and economic disparities, including students enrolled in area learning
centers or alternative learning programs under section 123A.05, state-approved alternative
programs under section 126C.05, subdivision 15, and contract alternative programs under
section 124D.69, among other underserved students; new text begin or
new text end

deleted text begin (8) instruction in ethnic studies, as defined in section 120B.25, to provide all students
with opportunities to learn about their own and others' cultures and historical experiences;
or
deleted text end

deleted text begin (9) deleted text end new text begin (8) new text end examination and revision of district curricula in all subjects to be inclusive of
diverse racial and ethnic groups while meeting state academic standards and being culturally
sustaining as defined in section 120B.11, subdivision 1, ensuring content being studied
about any group is accurate and based in knowledge from that group.

(e) Among other requirements, an eligible district must implement effective,
research-based interventions that include multiple measures of assessment and engagement
in order to eliminate academic disparities for students impacted by racial, gender, linguistic,
and economic inequities as aligned with section 120B.11.

(f) Eligible districts must create efficiencies and eliminate duplicative programs and
services under this section, which may include forming collaborations or a single,
seven-county metropolitan areawide partnership of eligible districts for this purpose.

Sec. 5.

Laws 2023, chapter 55, article 12, section 17, subdivision 2, is amended to read:

Subd. 2.

Department.

(a) For the Department of Education:

	$	deleted text begin 47,005,000 deleted text end new text begin 46,855,000 new text end	.....	2024
	$	deleted text begin 39,922,000 deleted text end new text begin 39,772,000 new text end	.....	2025

Of these amounts:

(1) $405,000 each year is for the Board of School Administrators;

(2) $1,000,000 each year is for regional centers of excellence under Minnesota Statutes,
section 120B.115;

(3) $720,000 each year is for implementing Minnesota's Learning for English Academic
Proficiency and Success Act (LEAPS) under Laws 2014, chapter 272, article 1, as amended;

(4) $480,000 each year is for the Department of Education's mainframe update;

(5) $7,500,000 in fiscal year 2024 only is for legal fees and costs associated with
litigation;

(6) $595,000 in fiscal year 2024 and $2,609,000 in fiscal year 2025 are for modernizing
district data submissions. The base for fiscal year 2026 and later is $2,359,000;

(7) $573,000 each year is for engagement and rulemaking related to Specific Learning
Disability;

deleted text begin (8) $150,000 each year is for an ethnic studies specialist in the academic standards
division to provide support to the ethnic studies working group and to school districts seeking
to establish or strengthen ethnic studies courses;
deleted text end

deleted text begin (9) deleted text end new text begin (8) new text end $150,000 each year is for the comprehensive school mental health services lead
under Minnesota Statutes, section 127A.215;

deleted text begin (10) deleted text end new text begin (9) new text end $150,000 each year is for a school health services specialist under Minnesota
Statutes, section 121A.20;

deleted text begin (11) deleted text end new text begin (10) new text end $2,000,000 each year is for the Office of the Inspector General established
under Minnesota Statutes, section 127A.21;

deleted text begin (12) deleted text end new text begin (11) new text end $800,000 each year is for audit and internal control resources;

deleted text begin (13) deleted text end new text begin (12) new text end $2,000,000 in fiscal year 2024 only is for information technology infrastructure
and portfolio resources;

deleted text begin (14) deleted text end new text begin (13) new text end $2,000,000 each year is for staffing the Equity, Diversity and Inclusion (EDI)
Center at the Department of Education; and

deleted text begin (15) deleted text end new text begin (14) new text end $275,000 in fiscal year 2024 and $175,000 in fiscal year 2025 are for
administrative expenses for unemployment aid.

(b) None of the amounts appropriated under this subdivision may be used for Minnesota's
Washington, D.C., office.

(c) The expenditures of federal grants and aids as shown in the biennial budget document
and its supplements are approved and appropriated and must be spent as indicated.

(d) The base for fiscal year 2026 and later is deleted text begin $39,667,000 deleted text end new text begin $39,517,000 new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 6. new text begin SOCIAL STUDIES STANDARDS SUSPENSION.
new text end

new text begin The commissioner of education must suspend adoption and implementation of revised
social studies standards and benchmarks. School districts and charter schools must continue
to provide instruction in social studies aligned with the standards and benchmarks adopted
in 2012 until the commissioner adopts revised standards and benchmarks following the
review and revision of social studies standards beginning in the 2030-2031 school year.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 7. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2023 Supplement, sections 120B.25; and 120B.251, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Laws 2023, chapter 55, article 2, sections 60; and 64, subdivisions 13, and 14, new text end new text begin are
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

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

APPENDIX

Repealed Minnesota Statutes: 24-07325

120B.25 ETHNIC STUDIES.

"Ethnic studies" means the interdisciplinary study of race, ethnicity, and indigeneity with a focus on the experiences and perspectives of people of color within and beyond the United States. Ethnic studies analyzes the ways in which race and racism have been and continue to be social, cultural, and political forces, and the connection of race to the stratification of other groups, including stratification based on the protected classes under section 363A.13.

120B.251 ETHNIC STUDIES REQUIREMENTS.

Subdivision 1.

Definition.

"Ethnic studies" has the meaning provided in section 120B.25.

Subd. 2.

Requirements.

(a) Starting in the 2026-2027 school year, a district or charter school high school must offer an ethnic studies course that fulfills the requirements of this paragraph. Nothing in this section increases or otherwise affects the number of credits required for graduation under section 120B.024. An ethnic studies course may fulfill a social studies, language arts, arts, math, or science credit if the course meets the applicable state academic standards. An ethnic studies course may fulfill an elective credit if the course meets applicable local academic standards or other requirements.

(b) School districts and charter schools must provide ethnic studies instruction in elementary schools and middle schools by the 2027-2028 school year in accordance with state academic standards.

(c) Ethnic studies instruction must meet statewide ethnic studies academic standards.

(d) An ethnic studies course may focus specifically on a particular group of national or ethnic origin.

Subd. 3.

Department of Education.

The Department of Education must hire dedicated ethnic studies staff sufficient to fulfill the following department duties:

(1) support school district and charter school implementation of ethnic studies courses that fulfill ethnic studies standards through activities such as assistance with increased completion of the Minnesota Common Course Catalog, hosting an annual implementation support symposium, and regular updates and lessons learned;

(2) support school districts and charter schools in providing training for teachers and school district staff to successfully implement ethnic studies standards;

(3) support and provide tools for each school district or charter school to annually evaluate the implementation of the ethnic studies requirements by seeking feedback from students, parents or guardians, and community members;

(4) provide resources and examples of how a dedicated coordinator for ethnic studies can facilitate higher quality implementation of ethnic studies; and

(5) make available to school districts and charter schools the following:

(i) an ethnic studies school survey for each school district and charter school to use as part of a school needs assessment;

(ii) a list of recommended examples of implementation supports for use in kindergarten through grade 12 that accurately reflect the diversity of the state of Minnesota;

(iii) training materials for teachers and district and school staff, including an ethnic studies coordinator, to implement ethnic studies requirements; and

(iv) other resources to assist districts and charter schools in successfully implementing ethnic studies standards.

Repealed Minnesota Session Laws: 24-07325

Laws 2023, chapter 55, article 2, section 60

Sec. 60. new text begin ETHNIC STUDIES WORKING GROUP. new text end

new text begin Subdivision 1. new text end

new text begin Working group established. new text end

new text begin (a) The Ethnic Studies Working Group is established to advise the commissioner of education on an ethnic studies framework and resources necessary to implement ethnic studies requirements under Minnesota Statutes, section 120B.251. The commissioner must appoint members of the working group by April 1, 2024, with input from the Minnesota Ethnic Studies Coalition. new text end

new text begin (b) The Ethnic Studies Working Group must have 25 members with a demonstrated commitment to ethnic studies, as follows: new text end

new text begin (1) five community members with a demonstrated commitment to ethnic studies or education about Minnesota's racial, ethnic, religious, national origin, gender, sexual orientation, or cultural diversity; new text end

new text begin (2) four public school students in grades 11 and 12; new text end

new text begin (3) three parents or guardians of public kindergarten through grade 12 students; new text end

new text begin (4) three Minnesota-based, college-level faculty experts in ethnic studies; new text end

new text begin (5) three ethnic studies high school teachers; new text end

new text begin (6) four teachers with experience teaching ethnic studies to students in kindergarten to grade 8; and new text end

new text begin (7) three school board members or school administrators. new text end

new text begin (c) Demographics of the working group must be inclusive and represent the diversity of the state, including racial, ethnic, and geographic diversity, and diversity related to gender and sexual orientation, immigrant status, disability status, and religious and linguistic background. new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The working group must review available ethnic studies instructional resources in order to: new text end

new text begin (1) develop an ethnic studies framework with advisory guidelines for ethnic studies courses required under Minnesota Statutes, section 120B251; new text end

new text begin (2) recommend professional learning requirements for educators and staff to facilitate the successful implementation of ethnic studies courses; new text end

new text begin (3) recommend resources and materials school districts and charter schools may use to implement ethnic studies requirements and standards; new text end

new text begin (4) identify or develop instructional resources that school districts and charter schools may use in accordance with Minnesota Statutes, section 120B.251; and new text end

new text begin (5) complete other tasks the working group considers pertinent to supporting the ability of teachers and school district staff to facilitate the successful implementation of the ethnic studies requirements under Minnesota Statutes, section 120B.251. new text end

new text begin (b) By October 31, 2024, the working group must provide the ethnic studies framework and other recommendations related to ethnic studies to the commissioner of education. new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The working group must convene on at least a bimonthly basis and must hold the first meeting no later than May 1, 2024. new text end

new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin The commissioner must provide meeting space and technical assistance for the working group. new text end

new text begin EFFECTIVE DATE. new text end

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

Laws 2023, chapter 55, article 2, section 64 Subdivisions 13, 14,

Sec. 64. new text begin APPROPRIATIONS. new text end

new text begin Subd. 13. new text end

new text begin Ethnic studies community consultation. new text end

new text begin To consult with community members throughout Minnesota on the development of ethnic studies curricula, resources, and implementation support: new text end

	new text begin $ new text end	new text begin 150,000 new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin 150,000 new text end	new text begin ..... new text end	new text begin 2025 new text end

new text begin Subd. 14. new text end

new text begin Ethnic studies school grants. new text end

new text begin (a) For competitive grants to school districts and charter schools to develop, evaluate, and implement ethnic studies courses: new text end

	new text begin $ new text end	new text begin 700,000 new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin 700,000 new text end	new text begin ..... new text end	new text begin 2025 new text end

new text begin (b) The commissioner must consult with the Ethnic Studies Working Group to develop criteria for the grants. new text end

new text begin (c) Up to five percent of the appropriation is available for grant administration. new text end