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Capital IconMinnesota Legislature
Office of the Revisor of Statutes

SF 1311

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/24/2023 05:04pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Pdf Rtf
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 2.1
2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16
2.17 2.18 2.19 2.20 2.21
2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3
4.4 4.5 4.6 4.7 4.8 4.9 4.10
4.11 4.12 4.13 4.14 4.15 4.16 4.17
4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19
5.20
5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12
6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2 13.3 13.4 13.5
13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24
13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27
16.28 16.29 16.30 16.31 16.32 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9
17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19
17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11
18.12
18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31
19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17
19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10
20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5
21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23
21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15
22.16 22.17 22.18 22.19 22.20 22.21 22.22
22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 23.1 23.2 23.3 23.4 23.5
23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17
23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26
23.27 23.28 23.29 23.30 23.31 24.1 24.2 24.3
24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 26.1 26.2 26.3 26.4 26.5
26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19
26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 27.1 27.2
27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19
27.20
27.21 27.22 27.23 27.24 27.25 27.26
27.27 27.28 27.29 27.30 27.31 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 28.36 28.37 28.38 28.39 28.40 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13
29.14 29.15 29.16
29.17 29.18
29.19 29.20 29.21 29.22 29.23 29.24 29.25
29.26 29.27 29.28 29.29 29.30 29.31 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18
30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11
31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20
31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11
37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24
37.25 37.26 37.27 37.28 37.29 37.30 38.1 38.2 38.3 38.4 38.5 38.6 38.7
38.8 38.9 38.10 38.11 38.12 38.13
38.14 38.15 38.16 38.17 38.18 38.19
38.20 38.21 38.22 38.23 38.24 38.25
38.26 38.27 38.28 38.29 38.30 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25
39.26 39.27 39.28
40.1 40.2
40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10
42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29
43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17
44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4 45.5 45.6
45.7
45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 46.1 46.2 46.3 46.4 46.5 46.6
46.7
46.8 46.9 46.10 46.11 46.12
46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 47.1 47.2 47.3 47.4
47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14
47.15 47.16 47.17 47.18 47.19 47.20
47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28
48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17
48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21
50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29
50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 52.1 52.2
52.3 52.4 52.5 52.6 52.7
52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17
52.18 52.19 52.20 52.21 52.22 52.23 52.24
52.25 52.26 52.27 52.28 52.29 52.30 53.1 53.2 53.3 53.4 53.5 53.6 53.7
53.8 53.9
53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12
54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 55.1 55.2 55.3 55.4 55.5 55.6 55.7
55.8 55.9 55.10 55.11 55.12
55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11
56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21
56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23
57.24 57.25 57.26 57.27 57.28 57.29 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15
58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9
59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10
61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 63.1 63.2 63.3 63.4 63.5 63.6 63.7
63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25
63.26 63.27 63.28 63.29 63.30 63.31 63.32
64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 65.1 65.2 65.3 65.4
65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9
68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32
69.1 69.2
69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 70.1 70.2
70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17
70.18
70.19 70.20 70.21 70.22 70.23 70.24 70.25
70.26
70.27 70.28 70.29 70.30 70.31 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18
71.19 71.20 71.21 71.22 71.23 71.24
71.25
71.26 71.27 71.28 71.29 71.30 71.31 72.1 72.2
72.3
72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13
72.14
72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 73.1
73.2
73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24
73.25
73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 74.1 74.2 74.3
74.4
74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 75.1 75.2 75.3 75.4 75.5 75.6 75.7
75.8
75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31
76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11
76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29
78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26
78.27 78.28 78.29 78.30 78.31 78.32 78.33 79.1 79.2 79.3
79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31
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86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14
86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16
87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26
88.27 88.28
88.29 88.30 88.31 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18
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90.29
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92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23
92.24 92.25 92.26
92.27 92.28 92.29 92.30 92.31 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24
93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 94.1 94.2 94.3 94.4 94.5 94.6 94.7
94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11
95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34
98.1
98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 99.1 99.2 99.3 99.4
99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27
101.28
101.29 101.30 101.31 101.32 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 103.1 103.2 103.3
103.4
103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20
105.21 105.22
105.23 105.24 105.25
105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 107.1 107.2
107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31
109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 110.35 111.1 111.2
111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15
111.16 111.17
111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 112.1 112.2 112.3 112.4
112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16
112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27
115.28 115.29 115.30 115.31 115.32 115.33 115.34 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29
116.30 116.31 116.32 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10
118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23

A bill for an act
 relating to education; modifying provisions for prekindergarten through grade 12
including general education accountability and transparency, education excellence,
American Indian education, charter schools, discipline, teachers, special education,
and early learning; requiring reports; amending Minnesota Statutes 2022, sections
13.32, subdivision 3; 120A.22, subdivisions 7, 10; 120A.414, subdivision 2;
120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 4, by adding a subdivision;
120B.022, subdivision 1; 120B.024, subdivisions 1, 2; 120B.11, subdivisions 1,
2, 3; 120B.15; 120B.30, subdivisions 1, 1a; 120B.301; 120B.35, subdivision 3;
120B.36, subdivision 2; 121A.031, subdivision 6; 121A.17, subdivision 3; 121A.41,
by adding subdivisions; 121A.425; 121A.45, subdivision 1; 121A.46, subdivision
4, by adding a subdivision; 121A.47, subdivisions 2, 14; 121A.53, subdivision 1;
121A.55; 121A.58; 121A.61, subdivisions 1, 3, by adding subdivisions; 122A.181,
subdivision 5; 122A.183, subdivision 2; 122A.185, subdivision 1; 122A.26,
subdivision 2; 122A.40, subdivisions 5, 8; 122A.41, subdivisions 2, 5; 123B.147,
subdivision 3; 123B.71, subdivision 12; 123B.86, subdivision 3; 124D.03,
subdivisions 5, 5a, 12; 124D.09, subdivisions 3, 13; 124D.111, subdivisions 2a,
5; 124D.119; 124D.128, subdivision 1; 124D.141, subdivision 2; 124D.165,
subdivisions 2, 3; 124D.59, subdivision 2a; 124D.68, subdivision 3; 124D.73, by
adding a subdivision; 124D.74, subdivisions 1, 3, 4, by adding a subdivision;
124D.76; 124D.78; 124D.79, subdivision 2; 124D.791, subdivision 4; 124D.81,
subdivisions 1, 5; 124D.861, subdivision 2; 124D.862, subdivision 8; 124E.02;
124E.03, subdivision 2, by adding a subdivision; 124E.05, subdivisions 4, 7;
124E.06, subdivisions 1, 4, 5; 124E.10, subdivision 1; 124E.11; 124E.12,
subdivision 1; 124E.13, subdivisions 1, 3; 124E.16; 124E.25, subdivision 1a;
125A.0942; 125A.13; 125A.15; 125A.51; 125A.515, subdivision 3; 126C.15,
subdivision 5; 127A.353, subdivisions 2, 4; 128C.01, subdivision 4; 134.31,
subdivisions 1, 4a; 134.32, subdivision 4; 134.34, subdivision 1; 144.4165;
290.0679, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapters 120B; 121A; 124D; repealing Minnesota Statutes 2022, sections 120B.02,
subdivision 3; 120B.35, subdivision 5; 124D.095, subdivisions 1, 2, 3, 4, 5, 6, 7,
8.

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

ARTICLE 1

ADMINISTRATIVE CORRECTIONS, ACCOUNTABILITY, AND TRANSPARENCY

Section 1.

Minnesota Statutes 2022, section 120A.22, subdivision 10, is amended to read:


Subd. 10.

Requirements for instructors.

A person who is providing instruction to a
child must meet at least one of the following requirements:

(1) hold a valid Minnesota teaching license in the field and for the grade level taught;

(2) be directly supervised by a person holding a valid Minnesota teaching license;

deleted text begin (3) successfully complete a teacher competency examination;
 deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end provide instruction in a school that is accredited by an accrediting agency,
recognized according to section 123B.445, or recognized by the commissioner;

deleted text begin (5)deleted text end new text begin (4)new text end hold a baccalaureate degree; or

deleted text begin (6)deleted text end new text begin (5)new text end be the parent of a child who is assessed according to the procedures in subdivision
11.

Any person providing instruction in a public school must meet the requirements of clause
(1).

Sec. 2.

Minnesota Statutes 2022, section 120B.018, subdivision 6, is amended to read:


Subd. 6.

Required standard.

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

Sec. 3.

Minnesota Statutes 2022, 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) mathematicsnew text begin , encompassing algebra II, integrated mathematics III, or an equivalent
in high school, and to be prepared for the three credits of mathematics in grades 9 through
12, the grade 8 standards include completion of algebranew text end ;

(3) science;

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

(5) physical education;

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

(7) the artsdeleted text begin , for which statewide or locally developed academic standards apply, as
determined by the school districtdeleted text end . Public elementary and middle schools must offer at least
three and require at least two of the following deleted text begin fourdeleted text end new text begin fivenew text end arts areas: dance;new text begin media arts;new text end 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) deleted text begin 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.deleted text end The department may
modifynew text begin SHAPE America (Society of Health and Physical Educators) standardsnew text end and adapt
the national standards to accommodate state interest. The modification and adaptations must
maintain the purpose and integrity of the national standards. The department must make
available sample assessments, which school districts may use as an alternative to local
assessments, to assess students' mastery of the physical education standards beginning in
the 2018-2019 school year.

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

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

Sec. 4.

Minnesota Statutes 2022, section 120B.021, subdivision 3, is amended to read:


Subd. 3.

Rulemaking.

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

Sec. 5.

Minnesota Statutes 2022, section 120B.022, subdivision 1, is amended to read:


Subdivision 1.

Elective standards.

A district must establishnew text begin and regularly reviewnew text end its
own standards deleted text begin indeleted text end new text begin fornew text end career and technical educationnew text begin (CTE) programsnew text end .new text begin Standards must align
with CTE frameworks developed by the Department of Education, standards developed by
national CTE organizations, or recognized industry standards.new text end A district must use the current
world languages standards developed by the American Council on the Teaching of Foreign
Languages. A school district must offer courses in all elective subject areas.

Sec. 6.

Minnesota Statutes 2022, section 120B.024, subdivision 1, is amended to read:


Subdivision 1.

Graduation requirements.

(a) Students deleted text begin beginning 9th grade in the
2011-2012 school year and laterdeleted text end 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 mathematicsdeleted text begin , including an algebra II credit or its equivalent,deleted text end sufficient
to satisfy all of the academic standards in mathematics;

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

deleted text begin (4)deleted text end new text begin (3)new text end three credits of science, including at least one credit of biology, one credit of
chemistry or physics, and one deleted text begin electivedeleted text end credit ofnew text begin earth and spacenew text end 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;

deleted text begin (5)deleted text end new text begin (4)new text end three and one-half credits of social studies,new text begin including one credit in civics in either
11th or 12th grade for students beginning 9th grade in the 2024-2025 school year and later,
and a combination of other creditsnew text end 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;

deleted text begin (6)deleted text end new text begin (5)new text end one credit of the arts sufficient to satisfy all of the deleted text begin state or localdeleted text end academic standards
in the arts; deleted text begin and
deleted text end

new text begin (6) credits sufficient to satisfy the state standards in physical education; and
 new text end

(7) a minimum of seven elective credits.

(b) deleted text begin A school district is encouraged to offer a course for credit in government and
citizenship to 11th or 12th grade students who begin 9th grade in the 2020-2021 school year
and later, that satisfies the government and citizenship requirement in paragraph (a), clause
(5)deleted text end new text begin Students beginning 9th grade in the 2023-2024 school year and later must successfully
complete a personal finance course for credit during their senior year of high school. The
course must include but is not limited to the following topics: creating a household budget;
taking out loans and accruing debt, including how interest works; home mortgages; how to
file taxes; the impact of student loan debt; and how to read a paycheck and payroll deductions.
A district may provide a personal finance course through in-person instruction, distance
instruction, or a combination of in-person and distance instructionnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective for the 2024-2025 school year and later.
 new text end

Sec. 7.

Minnesota Statutes 2022, section 120B.024, subdivision 2, is amended to read:


Subd. 2.

Credit equivalencies.

(a) A one-half credit of economics taught in a school's
deleted text begin agriculturedeleted text end new text begin agricultural, food, and natural resourcesnew text end education or business new text begin education program
or new text end 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 deleted text begin agriculturedeleted text end new text begin agricultural, food, and natural resourcesnew text end education teacher is not
required to meet the requirements of Minnesota Rules, part 3505.1150, subpart deleted text begin 1deleted text end new text begin 2new text end , item
B, to meet the credit equivalency requirements of paragraph (b) above.

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

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

Sec. 8.

Minnesota Statutes 2022, section 120B.30, subdivision 1, is amended to read:


Subdivision 1.

Statewide testing.

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

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

(1) mathematics;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 9.

Minnesota Statutes 2022, section 120B.30, subdivision 1a, is amended to read:


Subd. 1a.

Statewide and local assessments; results.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 10.

Minnesota Statutes 2022, section 120B.301, is amended to read:


120B.301 LIMITS ON LOCAL TESTING.

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

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

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

Sec. 11.

Minnesota Statutes 2022, section 120B.35, subdivision 3, is amended to read:


Subd. 3.

State growth deleted text begin targetdeleted text end new text begin measuresnew text end ; other state measures.

(a)(1) The state's
educational assessment system measuring individual students' educational growth is based
on indicators of new text begin current new text end achievement deleted text begin growthdeleted text end that shownew text begin growth relative tonew text end 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 deleted text begin adeleted text end new text begin an appropriatenew text end growth model that compares the difference
in students' achievement scores over time, and includes criteria for identifying schools and
school districts that demonstrate academic progressnew text begin or progress toward English language
proficiencynew text end . The model may be used to advance educators' professional development and
replicate programs that succeed in meeting students' diverse learning needs. Data on
individual teachers generated under the model are personnel data under section 13.43. The
model must allow users to:

(1) report student growth consistent with this paragraph; and

(2) for all student categories, report and compare aggregated and disaggregated state
student growth and, under section 120B.11, subdivision 2, clause (2), student learning and
outcome data using the student categories identified under the federal Elementary and
Secondary Education Act, as most recently reauthorized, and other student categories under
paragraph (a), clause (2).

The commissioner must report measures of student growth and, under section 120B.11,
subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph,
including the English language development, academic progress, and oral academic
development of English learners and their native language development if the native language
is used as a language of instruction, and include data on all pupils enrolled in a Minnesota
public school course or program who are currently or were previously counted as an English
learner under section 124D.59.

(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:

(1) a preparation measure indicating the number and percentage of high school graduates
in the most recent school year who completed course work important to preparing them for
postsecondary academic and career opportunities, consistent with the core academic subjects
required for admission to Minnesota's public colleges and universities as determined by the
Office of Higher Education under chapter 136A; and

(2) a rigorous coursework measure indicating the number and percentage of high school
graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.

When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and other student categories under paragraph (a), clause (2).

(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school safety
and students' engagement and connection at school, consistent with the student categories
identified under paragraph (a), clause (2). The summary data under this paragraph are
separate from and must not be used for any purpose related to measuring or evaluating the
performance of classroom teachers. The commissioner, in consultation with qualified experts
on student engagement and connection and classroom teachers, must identify highly reliable
variables that generate summary data under this paragraph. The summary data may be used
at school, district, and state levels only. Any data on individuals received, collected, or
created that are used to generate the summary data under this paragraph are nonpublic data
under section 13.02, subdivision 9.

(e) For purposes of statewide educational accountability, the commissioner must identify
and report measures that demonstrate the success of learning year program providers under
sections 123A.05 and 124D.68, among other such providers, in improving students'
graduation outcomes. The commissioner, beginning July 1, 2015, must annually report
summary data on:

(1) the four- and six-year graduation rates of students under this paragraph;

(2) the percent of students under this paragraph whose progress and performance levels
are meeting career and college readiness benchmarks under section 120B.30, subdivision
1; and

(3) the success that learning year program providers experience in:

(i) identifying at-risk and off-track student populations by grade;

(ii) providing successful prevention and intervention strategies for at-risk students;

(iii) providing successful recuperative and recovery or reenrollment strategies for off-track
students; and

(iv) improving the graduation outcomes of at-risk and off-track students.

The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.

(f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of all English
learners enrolled in a Minnesota public school course or program who are currently or were
previously counted as an English learner under section 124D.59, must identify and report
appropriate and effective measures to improve current categories of language difficulty and
assessments, and monitor and report data on students' English proficiency levels, program
placement, and academic language development, including oral academic language.

(g) When reporting four- and six-year graduation rates, the commissioner or school
district must disaggregate the data by student categories according to paragraph (a), clause
(2).

(h) A school district must inform parents and guardians that volunteering information
on student categories not required by the most recent reauthorization of the Elementary and
Secondary Education Act is optional and will not violate the privacy of students or their
families, parents, or guardians. The notice must state the purpose for collecting the student
data.

Sec. 12.

Minnesota Statutes 2022, section 120B.36, subdivision 2, is amended to read:


Subd. 2.

Student progress and other data.

(a) All data the department receives, collects,
or creates under section 120B.11, governing the world's best workforce, or uses to determine
federal expectations under the most recently reauthorized Elementary and Secondary
Education Actdeleted text begin , set state growth targets,deleted text end and determine student growth, learning, and outcomes
under section 120B.35 are nonpublic data under section 13.02, subdivision 9, until the
commissioner publicly releases the data.

(b) Districts must provide parents sufficiently detailed summary data to permit parents
to appeal under the most recently reauthorized federal Elementary and Secondary Education
Act. The commissioner shall annually post federal expectations and state student growth,
learning, and outcome data to the department's public website no later than September 1,
except that in years when data or federal expectations reflect new performance standards,
the commissioner shall post data on federal expectations and state student growth data no
later than October 1.

Sec. 13.

Minnesota Statutes 2022, section 123B.71, subdivision 12, is amended to read:


Subd. 12.

Publication.

(a) At least deleted text begin 20deleted text end new text begin 48new text end days but not more than 60 days before a
referendum for bonds or solicitation of bids for a project that has received a positive or
unfavorable review and comment under section 123B.70, the school board shall publish a
summary of the commissioner's review and comment of that project in the legal newspaper
of the district. The school board must hold a public meeting to discuss the commissioner's
review and comment before the referendum for bonds. Supplementary information shall be
available to the public.

(b) The publication requirement in paragraph (a) does not apply to alternative facilities
projects approved under section 123B.595.

Sec. 14.

Minnesota Statutes 2022, section 123B.86, subdivision 3, is amended to read:


Subd. 3.

Board control.

new text begin (a) new text end When transportation is provided, the scheduling of routes,
manner and method of transportation, control and discipline of school children and any
other matter relating thereto shall be within the sole discretion, control and management of
the board.

new text begin (b) A school board and a nonpublic school may mutually agree to a written plan for the
board to provide nonpublic pupil transportation to nonpublic school students.
 new text end

new text begin (1) A school board that provides pupil transportation through the school's employees
may transport nonpublic school students according to the plan and retain the nonpublic
pupil transportation aid attributable to that plan. A nonpublic school may make a payment
to the school district to cover additional transportation services agreed to in the written plan
for nonpublic pupil transportation services not required under sections 123B.84 to 123B.87.
 new text end

new text begin (2) A school board that contracts for pupil transportation services may enter into a
contractual arrangement with a school bus contractor according to the written plan adopted
by the school board and the nonpublic school to transport nonpublic school students and
retain the nonpublic pupil transportation aid attributable to that plan for the purposes of
paying the school bus contractor. A nonpublic school may make a payment to the school
district to cover additional transportation services agreed to in the written plan for nonpublic
pupil transportation services included in the contract that are not required under sections
123B.84 to 123B.87.
 new text end

new text begin (c) The school district must report the number of nonpublic school students transported
and the nonpublic pupil transportation expenditures incurred under paragraph (b) in the
form and manner specified by the commissioner.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2024 and later.
 new text end

Sec. 15.

Minnesota Statutes 2022, section 124D.03, subdivision 5, is amended to read:


Subd. 5.

Nonresident district procedures.

A district shall notify the parent or guardian
in writing by February 15 or within 90 days for applications submitted after January 15 in
the case of achievement and integration district transfers whether the application has been
accepted or rejected. If an application is rejected, the district must state in the notification
the reason for rejection. The parent or guardian must notify the nonresident district by March
1 or within deleted text begin 45deleted text end new text begin ten businessnew text end days whether the pupil intends to enroll in the nonresident district.
Notice of intent to enroll in the nonresident district obligates the pupil to attend the
nonresident district during the following school year, unless the boards of the resident and
the nonresident districts agree in writing to allow the pupil to transfer back to the resident
district. If the pupil's parents or guardians change residence to another district, the student
does not lose the seat in the nonresident district but the parent or guardian must complete
an updated enrollment options form. If a parent or guardian does not notify the nonresident
district by the January 15 deadline, if it applies, the pupil may not enroll in that nonresident
district during the following school year, unless the boards of the resident and nonresident
district agree otherwise. The nonresident district must notify the resident district by March
15 or 30 days later of the pupil's intent to enroll in the nonresident district. The same
procedures apply to a pupil who applies to transfer from one participating nonresident district
to another participating nonresident district.

Sec. 16.

Minnesota Statutes 2022, section 124D.09, subdivision 3, is amended to read:


Subd. 3.

Definitions.

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

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

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

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

Sec. 17.

Minnesota Statutes 2022, section 124D.09, subdivision 13, is amended to read:


Subd. 13.

Financial arrangements.

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

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

A postsecondary institution shall receive the following:

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

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

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

Sec. 18.

Minnesota Statutes 2022, section 124D.111, subdivision 2a, is amended to read:


Subd. 2a.

Federal child and adult care food programnew text begin and federal summer food
service programnew text end ; criteria and notice.

new text begin (a) new text end The commissioner must post on the department's
website eligibility criteria and application information for nonprofit organizations interested
in applying to the commissioner for approval as a multisite sponsoring organization under
the federal child and adult care food programnew text begin and federal summer food service programnew text end .
The posted criteria and information must inform interested nonprofit organizations about:

(1) the criteria the commissioner uses to approve or disapprove an application, including
how an applicant demonstrates financial viability for the Minnesota program, among other
criteria;

(2) the commissioner's process and time line for notifying an applicant when its
application is approved or disapproved and, if the application is disapproved, the explanation
the commissioner provides to the applicant; and

(3) any appeal or other recourse available to a disapproved applicant.

new text begin (b) The commissioner must evaluate financial eligibility as part of the application process.
An organization applying to be a prospective sponsor for the federal child and adult food
care program or the federal summer food service program must provide documentation of
financial viability as an organization. Documentation must include:
 new text end

new text begin (1) evidence that the organization has operated for at least one year and has filed at least
one tax return;
 new text end

new text begin (2) the most recent tax return submitted by the organization and corresponding forms
and financial statements;
 new text end

new text begin (3) a profit and loss statement and balance sheet or similar financial information; and
 new text end

new text begin (4) evidence that at least ten percent of the organization's operating revenue comes from
sources other than the United States Department of Agriculture child nutrition program and
that the organization has additional funds or a performance bond available to cover at least
one month of reimbursement claims.
 new text end

Sec. 19.

Minnesota Statutes 2022, section 124D.111, subdivision 5, is amended to read:


Subd. 5.

Respectful treatment.

(a) The participant must also provide meals to students
in a respectful manner according to the policy adopted under subdivision 1. The participant
must ensure that any reminders for payment of outstanding student meal balances do not
demean or stigmatize any child participating in the school lunch program, including but not
limited to dumping mealsdeleted text begin ,deleted text end new text begin ;new text end withdrawing a meal that has been serveddeleted text begin ,deleted text end new text begin ;new text end announcing or listing
students' names publiclydeleted text begin ,deleted text end new text begin ; providing alternative meals not specifically related to dietary
needs; providing nonreimbursable meals;new text end or affixing stickers, stamps, or pins. The participant
must not impose any other restriction prohibited under section 123B.37 due to unpaid student
meal balances. The participant must not limit a student's participation in any school activities,
graduation ceremonies, field trips, athletics, activity clubs, or other extracurricular activities
or access to materials, technology, or other items provided to students due to an unpaid
student meal balance.

(b) If the commissioner or the commissioner's designee determines a participant has
violated the requirement to provide meals to participating students in a respectful manner,
the commissioner or the commissioner's designee must send a letter of noncompliance to
the participant. The participant is required to respond and, if applicable, remedy the practice
within 60 days.

Sec. 20.

Minnesota Statutes 2022, section 124D.119, is amended to read:


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

new text begin Subdivision 1. new text end

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

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

new text begin Subd. 2. new text end

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

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

new text begin Subd. 3. new text end

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

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

new text begin Subd. 4. new text end

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

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

Sec. 21.

Minnesota Statutes 2022, section 124D.128, subdivision 1, is amended to read:


Subdivision 1.

Program established.

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

Sec. 22.

Minnesota Statutes 2022, section 124D.68, subdivision 3, is amended to read:


Subd. 3.

Eligible programs.

(a) A pupil who is eligible according to subdivision 2 may
enroll in a state-approved alternative program under sections 123A.05 to 123A.08.

(b) A pupil who is eligible according to subdivision 2 and who is a high school junior
or senior may enroll in postsecondary courses under section 124D.09.

(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary or
secondary education program.

(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic, nonsectarian
school that has contracted with the serving school district to provide educational services.
However, notwithstanding other provisions of this section, only a pupil who is eligible under
subdivision 2, clause (12), may enroll in a contract alternative school that is specifically
structured to provide educational services to such a pupil.

(e) A pupil who is between the ages of deleted text begin 16deleted text end new text begin 17new text end and 21 may enroll in any adult basic
education programs approved under section 124D.52 and operated under the community
education program contained in section 124D.19.

Sec. 23.

Minnesota Statutes 2022, section 124D.862, subdivision 8, is amended to read:


Subd. 8.

Commissioner authority to withhold revenue.

(a) The commissioner must
review the results of each district's integration and achievement plan by August 1 at the end
of the third year of implementing the plan and determine if the district met its goals.

(b) If a district met its goals, it may submit a new three-year plan to the commissioner
for review.

(c) If a district has not met its goals, the commissioner must:

(1) deleted text begin develop adeleted text end new text begin guide thenew text end district new text begin in the development of an new text end improvement plan and timelinedeleted text begin ,
in consultation with the affected district,deleted text end that identifies strategies and practices designed to
meet the district's goals under this section and section 120B.11; and

(2) use up to 20 percent of the district's integration revenue, until the district's goals are
reached, to implement the improvement plan.

Sec. 24.

Minnesota Statutes 2022, section 126C.15, subdivision 5, is amended to read:


Subd. 5.

Annual expenditure report.

deleted text begin Each year a districtdeleted text end new text begin By February 1 annually, the
commissioner of education must report to the legislature the expenditures of each district
new text end that deleted text begin receivesdeleted text end new text begin receivenew text end basic skills revenue deleted text begin must submit a report identifying the expenditures
it incurred to meet the needs of eligible learnersdeleted text end new text begin in the previous fiscal yearnew text end under subdivision
1. The report must conform to uniform financial and reporting standards established for this
purpose and provide a breakdown by functional area. Using valid and reliable data and
measurement criteria, the report also must determine whether increased expenditures raised
student achievement levels.

Sec. 25.

Minnesota Statutes 2022, section 127A.353, subdivision 2, is amended to read:


Subd. 2.

Qualifications.

The governor shall select the school trust lands director on the
basis of outstanding professional qualifications and knowledge of finance, business practices,
minerals, forest and real estate management, and the fiduciary responsibilities of a trustee
to the beneficiaries of a trust. The school trust lands director serves in the unclassified service
for a term of four years. deleted text begin The first term shall end on December 31, 2020.deleted text end The governor may
remove the school trust lands director for cause. If a director resigns or is removed for cause,
the governor shall appoint a director for the remainder of the term.

Sec. 26.

Minnesota Statutes 2022, section 127A.353, subdivision 4, is amended to read:


Subd. 4.

Duties; powers.

(a) The school trust lands director shall:

(1) deleted text begin take an oath of office before assuming any duties as the directordeleted text end new text begin act in a fiduciary
capacity for trust beneficiaries in accordance with the principles under section 127A.351new text end ;

(2) evaluate the school trust land asset position;

(3) determine the estimated current and potential market value of school trust lands;

(4) advise new text begin and provide recommendations to new text end the governordeleted text begin , Executive Council,
commissioner of natural resources, and the Legislative Permanent School Fund Commission
on the management of school trust lands, including:deleted text end new text begin on school trust land management policies
and other policies that may affect the goal of the permanent school fund under section
127A.31;
new text end

new text begin (5) advise and provide recommendations to the Executive Council and Land Exchange
Board on all matters regarding school trust lands presented to either body;
 new text end

new text begin (6) advise and provide recommendations to the commissioner of natural resources on
managing school trust lands, including but not limited to advice and recommendations on:
 new text end

(i) Department of Natural Resources school trust land management plans;

(ii) leases of school trust lands;

(iii) royalty agreements on school trust lands;

(iv) land sales and exchanges;

(v) cost certification; and

(vi) revenue generating options;

new text begin (7) serve as temporary trustee of school trust lands for school trust lands subject to
proposed or active eminent domain proceedings;
 new text end

new text begin (8) serve as temporary trustee of school trust lands pursuant to section 94.342, subdivision
5;
 new text end

deleted text begin (5) proposedeleted text end new text begin (9) submitnew text end to the Legislative Permanent School Fund Commission new text begin for review
an annual budget and management plan for the director that includes proposed new text end legislative
changes that will improve the asset allocation of the school trust lands;

deleted text begin (6)deleted text end new text begin (10)new text end develop new text begin and implement new text end a ten-year strategic plan and a 25-year framework for
management of school trust lands, in conjunction with the commissioner of natural resources,
that is updated every five years deleted text begin and implemented by the commissionerdeleted text end , with goals to:

(i) retain core real estate assets;

(ii) increase the value of the real estate assets and the cash flow from those assets;

(iii) rebalance the portfolio in assets with high performance potential and the strategic
disposal of selected assets;

(iv) establish priorities for management actions;

(v) balance revenue enhancement and resource stewardship; and

(vi) advance strategies on school trust lands to capitalize on ecosystem services markets;new text begin
and
new text end

deleted text begin (7) submit to the Legislative Permanent School Fund Commission for review an annual
budget and management plan for the director; and
 deleted text end

deleted text begin (8)deleted text end new text begin (11)new text end keep the beneficiaries, governor, legislature, and the public informed about the
work of the director by reporting to the Legislative Permanent School Fund Commission
in a public meeting at least once during each calendar quarter.

(b) In carrying out the duties under paragraph (a), the school trust lands director deleted text begin shall
have the authority todeleted text end new text begin maynew text end :

(1) direct and control money appropriated to the director;

(2) establish job descriptions and employ deleted text begin up to five employees in the unclassified service,deleted text end new text begin
staffnew text end within the limitations of money appropriated to the director;

(3) enter into interdepartmental agreements with any other state agency;

(4) enter into joint powers agreements under chapter 471;

(5) evaluate and initiate real estate development projects on school trust lands new text begin in
conjunction with the commissioner of natural resources and new text end with the advice of the Legislative
Permanent School Fund Commission deleted text begin in orderdeleted text end to generate long-term economic return to the
permanent school fund;new text begin and
new text end

deleted text begin (6) serve as temporary trustee of school trust land for school trust lands subject to
proposed or active eminent domain proceedings; and
 deleted text end

deleted text begin (7)deleted text end new text begin (6)new text end submit recommendations on strategies for school trust land leases, sales, or
exchanges to the commissioner of natural resources and the Legislative Permanent School
Fund Commission.

Sec. 27.

Minnesota Statutes 2022, section 128C.01, subdivision 4, is amended to read:


Subd. 4.

Board.

(a) The league must have a deleted text begin 20deleted text end new text begin 22new text end -member governing board.

(1) The governor must appoint four members according to section 15.0597. Each of the
four appointees must be a parent. At least one of them must be an American Indian, an
Asian, a Black, or a Hispanic.

(2) The Minnesota Association of Secondary School Principals must appoint two of its
members.

(3) The remaining deleted text begin 14deleted text end new text begin 16new text end members must be selected according to deleted text begin league bylawsdeleted text end new text begin the
league's constitutionnew text end .

(b) The terms, compensation, removal of members, and the filling of membership
vacancies are governed by section 15.0575, except that the four-year terms begin on August
1 and end on July 31. As provided by section 15.0575, members who are full-time state
employees or full-time employees of school districts or other political subdivisions of the
state may not receive any per diem payment for service on the board.

Sec. 28.

Minnesota Statutes 2022, section 290.0679, subdivision 2, is amended to read:


Subd. 2.

Conditions for assignment.

A qualifying taxpayer may assign all or part of
an anticipated refund for the current and future taxable years to a financial institution or a
qualifying organization. A financial institution or qualifying organization accepting
assignment must pay the amount secured by the assignment to a third-party vendor. The
commissioner of education shall, upon request from a third-party vendor, certify that the
vendor's products and services qualify for the education credit. A denial of a certification
deleted text begin is subject to the contested case procedure underdeleted text end new text begin may be appealed to the commissioner
pursuant to this subdivision and notwithstandingnew text end chapter 14. A financial institution or
qualifying organization that accepts assignments under this section must verify as part of
the assignment documentation that the product or service to be provided by the third-party
vendor has been certified by the commissioner of education as qualifying for the education
credit. The amount assigned for the current and future taxable years may not exceed the
maximum allowable education credit for the current taxable year. Both the taxpayer and
spouse must consent to the assignment of a refund from a joint return.

Sec. 29. new text begin EXPIRATION OF REPORT MANDATES.
new text end

new text begin (a) If the submission of a report by the commissioner of education to the legislature is
mandated by statute and the enabling legislation does not include a date for the submission
of a final report, the mandate to submit the report shall expire in accordance with this section.
 new text end

new text begin (b) If the mandate requires the submission of an annual report and the mandate was
enacted before January 1, 2022, the mandate shall expire on January 1, 2024. If the mandate
requires the submission of a biennial or less frequent report and the mandate was enacted
before January 1, 2022, the mandate shall expire on January 1, 2025.
 new text end

new text begin (c) Any reporting mandate enacted on or after January 1, 2022, shall expire three years
after the date of enactment if the mandate requires the submission of an annual report and
shall expire five years after the date of enactment if the mandate requires the submission
of a biennial or less frequent report unless the enacting legislation provides for a different
expiration date.
 new text end

new text begin (d) The commissioner shall submit a list to the chairs and ranking minority members of
the legislative committee with jurisdiction over education by February 15 of each year,
beginning February 15, 2024, of all reports set to expire during the following calendar year
in accordance with this section.
 new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 30. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall replace the terms "free lunch," "reduced price lunch,"
"reduced priced lunch," "reduced-price lunch," and "free or reduced price lunch" with "free
meals," "reduced-price meals," and "free or reduced-price meals" wherever they appear in
Minnesota Statutes when used in context with the national school lunch and breakfast
programs.
 new text end

Sec. 31. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering. The revisor shall also make any technical language
and other changes necessitated by the renumbering and cross-reference changes in this act.
 new text end

new text begin Column A
 new text end 		new text begin Column B
 new text end

new text begin General Requirements Statewide Assessments
 new text end

new text begin 120B.30, subdivision 1a, paragraph (h)
 new text end 		new text begin 120B.30, subdivision 1
 new text end
new text begin 120B.30, subdivision 1, paragraph (q)
 new text end 		new text begin 120B.30, subdivision 2
 new text end
new text begin 120B.30, subdivision 1a, paragraph (g)
 new text end 		new text begin 120B.30, subdivision 3
 new text end
new text begin 120B.30, subdivision 1b
 new text end 		new text begin 120B.30, subdivision 4
 new text end
new text begin 120B.30, subdivision 1, paragraph (n)
 new text end 		new text begin 120B.30, subdivision 5, paragraph (a)
 new text end
new text begin 120B.30, subdivision 1, paragraph (a)
 new text end 		new text begin 120B.30, subdivision 5, paragraph (b)
 new text end
new text begin 120B.30, subdivision 1a, paragraph (e)
 new text end 		new text begin 120B.30, subdivision 6, paragraph (a)
 new text end
new text begin 120B.30, subdivision 2, paragraph (a)
 new text end 		new text begin 120B.30, subdivision 6, paragraph (b)
 new text end
new text begin 120B.30, subdivision 2, paragraph (b),
clauses (1) and (2)
 new text end 		new text begin 120B.30, subdivision 6, paragraph (c)
 new text end
new text begin 120B.30, subdivision 2
 new text end 		new text begin 120B.30, subdivision 6, paragraph (d)
 new text end
new text begin 120B.30, subdivision 4
 new text end 		new text begin 120B.30, subdivision 7
 new text end
new text begin 120B.30, subdivision 5
 new text end 		new text begin 120B.30, subdivision 8
 new text end
new text begin 120B.30, subdivision 6
 new text end 		new text begin 120B.30, subdivision 9
 new text end
new text begin 120B.30, subdivision 1, paragraph (e)
 new text end 		new text begin 120B.30, subdivision 10
 new text end

new text begin General Requirements Test Design
 new text end

new text begin 120B.30, subdivision 1a, paragraph (a),
clauses (1) to (5)
 new text end 		new text begin 120B.301, subdivision 1
 new text end
new text begin 120B.30, subdivision 1, paragraph (a)
 new text end 		new text begin 120B.301, subdivision 2
 new text end
new text begin 120B.30, subdivision 1, paragraph (b)
 new text end 		new text begin 120B.301, subdivision 3, paragraph (a)
 new text end
new text begin 120B.30, subdivision 1, paragraph (n)
 new text end 		new text begin 120B.301, subdivision 3, paragraph (b)
 new text end
new text begin 120B.30, subdivision 1a, paragraph (b)
 new text end 		new text begin 120B.301, subdivision 3, paragraph (c)
 new text end
new text begin 120B.30, subdivision 1a, paragraph (c),
clauses (1) and (2)
 new text end 		new text begin 120B.301, subdivision 3, paragraph (d)
 new text end

new text begin Assessment Graduation Requirements
 new text end

new text begin 120B.30, subdivision 1, paragraph (c),
clauses (1) and (2)
 new text end 		new text begin 120B.304, subdivision 1
 new text end
new text begin 120B.30, subdivision 1, paragraph (d)
 new text end 		new text begin 120B.304, subdivision 2
 new text end
new text begin 120B.30, subdivision 1, paragraph (i)
 new text end 		new text begin 120B.304, subdivision 3
 new text end

new text begin Assessment Reporting Requirements
 new text end

new text begin 120B.30, subdivision 1a, paragraph (f),
clauses (1) to (3)
 new text end 		new text begin 120B.305, subdivision 1
 new text end
new text begin 120B.30, subdivision 1a, paragraph (d),
clauses (1) to (4)
 new text end 		new text begin 120B.305, subdivision 2, paragraph (a)
 new text end
new text begin 120B.30, subdivision 1, paragraph (m)
 new text end 		new text begin 120B.305, subdivision 2, paragraph (b)
 new text end
new text begin 120B.30, subdivision 1, paragraph (n)
 new text end 		new text begin 120B.305, subdivision 2, paragraph (c)
 new text end
new text begin 120B.30, subdivision 1, paragraph (o),
clauses (1) to (4)
 new text end 		new text begin 120B.305, subdivision 3, paragraph (a)
 new text end
new text begin 120B.30, subdivision 3
 new text end 		new text begin 120B.305, subdivision 3, paragraph (b)
 new text end

new text begin District Assessment Requirements
 new text end

new text begin 120B.301, paragraphs (a) to (c)
 new text end 		new text begin 120B.306, subdivision 1
 new text end
new text begin 120B.304, paragraphs (a) and (b)
 new text end 		new text begin 120B.306, subdivision 2
 new text end

new text begin College and Career Readiness
 new text end

new text begin 120B.30, subdivision 1, paragraph (p)
 new text end 		new text begin 120B.307, subdivision 1
 new text end
new text begin 120B.30, subdivision 1, paragraph (d)
 new text end 		new text begin 120B.307, subdivision 2
 new text end
new text begin 120B.30, subdivision 1, paragraph (f)
 new text end 		new text begin 120B.307, subdivision 3
 new text end
new text begin 120B.30, subdivision 1, paragraph (g)
 new text end 		new text begin 120B.307, subdivision 4, paragraph (a)
 new text end
new text begin 120B.30, subdivision 1, paragraph (h)
 new text end 		new text begin 120B.307, subdivision 4, paragraph (b)
 new text end
new text begin 120B.30, subdivision 1, paragraph (j)
 new text end 		new text begin 120B.307, subdivision 4, paragraph (c)
 new text end
new text begin 120B.30, subdivision 1, paragraph (k)
 new text end 		new text begin 120B.307, subdivision 4, paragraph (d)
 new text end
new text begin 120B.30, subdivision 1, paragraph (l)
 new text end 		new text begin 120B.307, subdivision 4, paragraph (e)
 new text end

Sec. 32. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 120B.02, subdivision 3; and 120B.35, subdivision 5, new text end new text begin
are repealed.
 new text end

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

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

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

Sec. 2.

Minnesota Statutes 2022, section 120B.15, is amended to read:


120B.15 GIFTED AND TALENTED STUDENTS PROGRAMSnew text begin AND SERVICESnew text end .

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

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

(1) multiple and objective criteria; and

(2) assessments and procedures that are valid and reliable, fair, and based on current
theory and research. Assessments and procedures should be sensitive to underrepresented
groups, including, but not limited to, low-income, minority, twice-exceptional, and English
learners.

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

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

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

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

Sec. 3.

new text begin [121A.0312] MALICIOUS AND SADISTIC CONDUCT.
 new text end

new text begin (a) For purposes of this section, "malicious and sadistic conduct" means creating a hostile
learning environment by acting with the intent to cause harm by intentionally injuring
another without just cause or reason or engaging in extreme or excessive cruelty or delighting
in cruelty.
 new text end

new text begin (b) A school board must adopt a written policy to address malicious and sadistic conduct
involving race, color, creed, national origin, sex, age, marital status, status with regard to
public assistance, disability, religion, sexual harassment, and sexual orientation, as defined
in chapter 363A, and sexual exploitation by a district or school staff member, independent
contractor, or student enrolled in a public or charter school against a staff member,
independent contractor, or student that occurs as described in section 121A.031, subdivision
1, paragraph (a).
 new text end

new text begin (c) The policy must apply to students, independent contractors, teachers, administrators,
and other school personnel; must include at a minimum the components under section
121A.031, subdivision 4, paragraph (a); and must include disciplinary actions for each
violation of the policy. Disciplinary actions must conform with collective bargaining
agreements and sections 121A.41 to 121A.56.
 new text end

new text begin (d) The policy must be conspicuously posted throughout each school building, distributed
to each district employee and independent contractor at the time of hiring or contracting,
and included in each school's student handbook on school policies. Each school must develop
a process for discussing with students, parents of students, independent contractors, and
school employees the school's policy addressing malicious and sadistic conduct involving
race, color, creed, national origin, sex, age, marital status, status with regard to public
assistance, disability, religion, sexual harassment, and sexual orientation, as defined in
chapter 363A, and sexual exploitation.
 new text end

Sec. 4.

new text begin [121A.35] SUICIDE PREVENTION INFORMATION; IDENTIFICATION
CARDS.
 new text end

new text begin A school district or charter school that issues an identification card to students in middle
school, junior high, or high school must provide contact information for the 988 Suicide
and Crisis Lifeline (988 Lifeline), the Crisis Text line, and the county Mobile Crisis Services.
The contact information must also be included in the school's student handbook and the
student planner if a student planner is custom printed by the school for distribution to students
in grades 6 through 12. A nonpublic school is encouraged to issue student identification
cards consistent with this paragraph.
 new text end

Sec. 5.

new text begin [124D.094] ONLINE INSTRUCTION ACT.
 new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Blended instruction" means a form of digital instruction that occurs when a student
learns part time in a supervised physical setting and part time through online instruction
under paragraph (f).
 new text end

new text begin (c) "Digital instruction" means instruction facilitated by technology that offers students
an element of control over the time, place, path, or pace of learning and includes blended
and online instruction.
 new text end

new text begin (d) "Enrolling district" means the school district or charter school in which a student is
enrolled under section 120A.22, subdivision 4.
 new text end

new text begin (e) "Online course syllabus" means a written document that identifies the state academic
standards taught and assessed in a supplemental online course under paragraph (j); course
content outline; required course assessments; instructional methods; communication
procedures with students, guardians, and the enrolling district under paragraph (d); and
supports available to the student.
 new text end

new text begin (f) "Online instruction" means a form of digital instruction that occurs when a student
learns primarily through digital technology away from a supervised physical setting.
 new text end

new text begin (g) "Online instructional site" means a site that offers courses using online instruction
under paragraph (f) and may enroll students receiving online instruction under paragraph
(f).
 new text end

new text begin (h) "Online teacher" means an employee of the enrolling district under paragraph (d) or
the supplemental online course provider under paragraph (k) who holds the appropriate
licensure under Minnesota Rules, chapter 8710, and is trained to provide online instruction
under paragraph (f).
 new text end

new text begin (i) "Student" means a Minnesota resident enrolled in a school defined under section
120A.22, subdivision 4, in kindergarten through grade 12 up to the age of 21.
 new text end

new text begin (j) "Supplemental online course" means an online learning course taken in place of a
course provided by the student's enrolling district under paragraph (d).
 new text end

new text begin (k) "Supplemental online course provider" means a school district, an intermediate school
district, an organization of two or more school districts operating under a joint powers
agreement, or a charter school located in Minnesota that is authorized by the Department
of Education to provide supplemental online courses under paragraph (j).
 new text end

new text begin Subd. 2. new text end

new text begin Digital instruction. new text end

new text begin (a) An enrolling district may provide digital instruction,
including blended instruction and online instruction, to the district's own enrolled students.
Enrolling districts may establish agreements to provide digital instruction, including blended
instruction and online instruction, to students enrolled in the cooperating schools.
 new text end

new text begin (b) When online instruction is provided, an online teacher as defined under subdivision
1, paragraph (h), shall perform all duties of teacher of record under Minnesota Rules, part
8710.0310. Unless the commissioner grants a waiver, a teacher providing online instruction
shall not instruct more than 40 students in any one online learning course or section.
 new text end

new text begin (c) Students receiving online instruction full time shall be reported as enrolled in an
online instructional site under subdivision 1, paragraph (g).
 new text end

new text begin (d) Curriculum used for digital instruction shall be aligned with Minnesota's current
academic standards and benchmarks.
 new text end

new text begin (e) Digital instruction shall be accessible to students under section 504 of the federal
Rehabilitation Act and Title II of the federal Americans with Disabilities Act.
 new text end

new text begin (f) An enrolling district providing digital instruction and a supplemental online course
provider shall assist an enrolled student whose family qualifies for the education tax credit
under section 290.0674 to acquire computer hardware and educational software so they
may participate in digital instruction. Funds provided to a family to support digital instruction
or supplemental online courses may only be used for qualifying expenses as determined by
the provider. Nonconsumable materials purchased with public education funds remain the
property of the provider. Records for any funds provided must be available for review by
the public or the department.
 new text end

new text begin (g) An enrolling district providing digital instruction shall establish and document
procedures for determining attendance for membership and keep accurate records of daily
attendance under section 120A.21.
 new text end

new text begin Subd. 3. new text end

new text begin Supplemental online courses. new text end

new text begin (a) Notwithstanding sections 124D.03 and
124D.08 and chapter 124E, procedures for applying to take supplemental online courses
other than those offered by the student's enrolling district are as provided in this subdivision.
 new text end

new text begin (b) Any kindergarten through grade 12 student may apply to take a supplemental online
course under subdivision 1, paragraph (j). The student, or the student's parent or guardian
for a student under age 17, must submit an application for the proposed supplemental online
course or courses. A student may:
 new text end

new text begin (1) apply to take an online course from a supplemental online course provider that meets
or exceeds the academic standards of the course in the enrolling district they are replacing;
 new text end

new text begin (2) apply to take supplemental online courses for up to 50 percent of the student's
scheduled course load; and
 new text end

new text begin (3) apply to take supplemental online courses no later than 15 school days after the
student's enrolling district's term has begun. An enrolling district may waive the 50 percent
course enrollment limit or the 15-day time limit.
 new text end

new text begin (c) A student taking a supplemental online course must have the same access to the
computer hardware and education software available in a school as all other students in the
enrolling district.
 new text end

new text begin (d) A supplemental online course provider must have a current, approved application to
be listed by the Department of Education as an approved provider. The supplemental online
course provider must:
 new text end

new text begin (1) use an application form specified by the Department of Education;
 new text end

new text begin (2) notify the student, the student's guardian if they are age 17 or younger, and enrolling
district of the accepted application to take a supplemental online course within ten days of
receiving a completed application;
 new text end

new text begin (3) notify the enrolling district of the course title, credits to be awarded, and the start
date of the online course. A supplemental online course provider must make the online
course syllabus available to the enrolling district;
 new text end

new text begin (4) request applicable academic support information for the student, including a copy
of the IEP, EL support plan, or 504 plan; and
 new text end

new text begin (5) track student attendance and monitor academic progress and communicate with the
student, the student's guardian if they are age 17 or younger, and the enrolling district's
designated online learning liaison.
 new text end

new text begin (e) A supplemental online course provider may limit enrollment if the provider's school
board or board of directors adopts by resolution specific standards for accepting and rejecting
students' applications. The provisions may not discriminate against any protected class or
students with disabilities.
 new text end

new text begin (f) A supplemental online course provider may request that the Department of Education
review an enrolling district's written decision to not accept a student's supplemental online
course application. The student may participate in the supplemental online course while the
application is under review. Decisions shall be final and binding for both the enrolling
district and the supplemental online course provider.
 new text end

new text begin (g) A supplemental online course provider must participate in continuous improvement
cycles with the Department of Education.
 new text end

new text begin Subd. 4. new text end

new text begin Enrolling district. new text end

new text begin (a) An enrolling district may not restrict or prevent a student
from applying to take supplemental online courses.
 new text end

new text begin (b) An enrolling district may request an online course syllabus as defined under
subdivision 1, paragraph (e), to review whether the academic standards in the online course
meet or exceed the academic standards in the course it would replace at the enrolling district.
 new text end

new text begin (c) Within 15 days after receiving notice of a student applying to take a supplemental
online course, the enrolling district must notify the supplemental online course provider
whether the student, the student's guardian, and the enrolling district agree that academic
standards in the online course meet or exceed the academic standards in the course it would
replace at the enrolling district. If the enrolling district does not agree that the academic
standards in the online course meet or exceed the academic standards in the course it would
replace at the enrolling district, then:
 new text end

new text begin (1) the enrolling district must provide a written explanation of the district's decision to
the student, the student's guardian, and the supplemental online course provider; and
 new text end

new text begin (2) the online provider must provide a response to the enrolling district explaining how
the course or program meets the graduation requirements of the enrolling district.
 new text end

new text begin (d) An enrolling district may reduce the course schedule of a student taking supplemental
online courses in proportion to the number of supplemental online learning courses the
student takes.
 new text end

new text begin (e) An enrolling district must appoint an online learning liaison who:
 new text end

new text begin (1) provides information to students and families about supplemental online courses;
 new text end

new text begin (2) provides academic support information including IEPs, EL support plans, and 504
plans to supplemental online providers; and
 new text end

new text begin (3) monitors attendance and academic progress, and communicates with supplemental
online learning providers, students, families, and enrolling district staff.
 new text end

new text begin (f) An enrolling district must continue to provide support services to students taking
supplemental online courses as they would for any other enrolled student including support
for English learners, case management of an individualized education program, and meal
and nutrition services for eligible students.
 new text end

new text begin (g) An online learning student must receive academic credit for completing the
requirements of a supplemental online learning course. If a student completes an online
learning course that meets or exceeds a graduation standard or the grade progression
requirement at the enrolling district, that standard or requirement is met.
 new text end

new text begin (h) Secondary credits granted to a supplemental online learning student count toward
the graduation and credit requirements of the enrolling district. The enrolling district must
apply the same graduation requirements to all students, including students taking
supplemental online courses.
 new text end

new text begin (i) An enrolling district must provide access to extracurricular activities for students
taking supplemental online courses on the same basis as any other enrolled student.
 new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin Courses that include blended instruction and online instruction
must be reported in the manner determined by the commissioner of education.
 new text end

new text begin Subd. 6. new text end

new text begin Department of Education. new text end

new text begin (a) The commissioner must establish quality
standards to be used for applications and continuous improvement of supplemental online
course providers, and by enrolling districts using digital instruction.
 new text end

new text begin (b) The commissioner must support the enrolling district's development of high-quality
digital instruction and monitor implementation. The department must establish and participate
in continuous improvement cycles with supplemental online course providers.
 new text end

new text begin (c) Applications from prospective supplemental online course providers must be reviewed
using quality standards and approved or denied within 90 calendar days of receiving a
complete application.
 new text end

new text begin (d) The department may collect a fee not to exceed $250 for reviewing applications by
supplemental online course providers or $50 per supplemental course application review
request. Funds generated from application review fees shall be used to support high quality
digital instruction.
 new text end

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

new text begin (f) The department may review a complaint about an enrolling district providing digital
instruction, or a complaint about a supplemental online course provider based on the
provider's response to notice of a violation. If the department determines that an enrolling
district providing digital instruction or a supplemental online course provider violated a law
or rule, the department may:
 new text end

new text begin (1) create a compliance plan for the provider; or
 new text end

new text begin (2) withhold funds from the provider under sections 124D.094, 124E.25, and 127A.42.
The department must notify an online learning provider in writing about withholding funds
and provide detailed calculations.
 new text end

new text begin Subd. 7. new text end

new text begin Financial arrangements. new text end

new text begin (a) For a student enrolled in an online supplemental
course, the department must calculate average daily membership and make payments
according to this subdivision.
 new text end

new text begin (b) The initial online supplemental average daily membership equals 1/12 for each
semester course or a proportionate amount for courses of different lengths. The adjusted
online learning average daily membership equals the initial online supplemental average
daily membership times .88.
 new text end

new text begin (c) No online supplemental average daily membership shall be generated if the student:
 new text end

new text begin (1) does not complete the online learning course; or
 new text end

new text begin (2) is enrolled in an online course provided by the enrolling district.
 new text end

new text begin (d) Online course average daily membership under this subdivision for a student currently
enrolled in a Minnesota public school shall be used only for computing average daily
membership according to section 126C.05, subdivision 19, paragraph (a), clause (2), and
for computing online course aid according to section 124D.096.
 new text end

Sec. 6.

Minnesota Statutes 2022, section 124D.59, subdivision 2a, is amended to read:


Subd. 2a.

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

Consistent with
subdivision 2, an English learner deleted text begin includes an English learnerdeleted text end with deleted text begin andeleted text end new text begin limited ornew text end interrupted
formal education new text begin is an English learner under subdivision 2 new text end who deleted text begin meets three of the following
five requirements:
deleted text end

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

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

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

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

deleted text begin (5) may be preliterate in the English learner's native language. deleted text end new text begin has at least two fewer
years of schooling than the English learner's peers when entering school in the United States.
 new text end

Sec. 7.

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

new text begin A school district or charter school library or school library media center provides equitable
and free access to students, teachers, and administrators.
 new text end

new text begin A school library or school library media center must have the following characteristics:
 new text end

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

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

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

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

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

Sec. 8.

Minnesota Statutes 2022, section 134.31, subdivision 1, is amended to read:


Subdivision 1.

Library service.

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

Sec. 9.

Minnesota Statutes 2022, section 134.31, subdivision 4a, is amended to read:


Subd. 4a.

Services to people with visual and physical disabilities.

The Minnesota
Department of Education shall provide specialized services to people with visual and physical
disabilities through the Minnesota Braille and Talking Book Library under a cooperative
plan with the National Library deleted text begin Servicesdeleted text end new text begin Servicenew text end for the Blind and deleted text begin Physically Handicappeddeleted text end new text begin
Print Disablednew text end of the Library of Congress.

Sec. 10.

Minnesota Statutes 2022, section 134.32, subdivision 4, is amended to read:


Subd. 4.

Special project grants.

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

Sec. 11.

Minnesota Statutes 2022, section 134.34, subdivision 1, is amended to read:


Subdivision 1.

Local support levels.

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

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

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

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

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 124D.095, subdivisions 1, 2, 3, 4, 5, 6, 7, and 8, new text end new text begin are
repealed.
 new text end

ARTICLE 3

AMERICAN INDIAN EDUCATION

Section 1.

Minnesota Statutes 2022, section 13.32, subdivision 3, is amended to read:


Subd. 3.

Private data; when disclosure is permitted.

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

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

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

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

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

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

new text begin (r) with Tribal Nations about Tribally enrolled or descendant students as necessary for
the Tribal Nation and school district or charter school to support the educational attainment
of the student.
 new text end

Sec. 2.

Minnesota Statutes 2022, section 120B.021, subdivision 2, is amended to read:


Subd. 2.

Standards development.

(a) The commissioner must consider advice from at
least the following stakeholders in developing statewide rigorous core academic standards
in language arts, mathematics, science, social studies, including history, geography,
economics, government and citizenship, and the arts:

(1) parents of school-age children and members of the public throughout the state;

(2) teachers throughout the state currently licensed and providing instruction in language
arts, mathematics, science, social studies, or the arts and licensed elementary and secondary
school principals throughout the state currently administering a school site;

(3) currently serving members of local school boards and charter school boards throughout
the state;

(4) faculty teaching core subjects at postsecondary institutions in Minnesota; deleted text begin and
deleted text end

(5) representatives of the Minnesota business communitydeleted text begin .deleted text end new text begin ; and
new text end

new text begin (6) representatives from the Tribal Nations Education Committee and Minnesota's Tribal
Nations and communities, including both Anishinaabe and Dakota.
 new text end

(b) Academic standards must:

(1) be clear, concise, objective, measurable, and grade-level appropriate;

(2) not require a specific teaching methodology or curriculum; and

(3) be consistent with the Constitutions of the United States and the state of Minnesota.

Sec. 3.

Minnesota Statutes 2022, section 120B.021, subdivision 4, is amended to read:


Subd. 4.

Revisions and reviews required.

(a) The commissioner of education must
revise deleted text begin and appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists intodeleted text end 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 communitiesnew text begin , including urban Indigenous communities,new text end as
related to the academic standards during the review and revision of the required academic
standards.new text begin The commissioner must embed Indigenous education for all students consistent
with recommendations from Minnesota's Tribal Nations and urban Indigenous communities
regarding the contributions of Minnesota American Indian Tribes and communities 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.
new text end

(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.30, subdivision 1, paragraph (b).
The commissioner must implement a review of the academic standards and related
benchmarks in mathematics beginning in the 2021-2022 school year and every ten years
thereafter.

(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 2020-2021 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 deleted text begin 2022-2023deleted text end new text begin 2026-2027new text end 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.

new text begin (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.
 new text end

new 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.
 new text end

Sec. 4.

Minnesota Statutes 2022, section 120B.021, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Indigenous education for all students. new text end

new text begin To support implementation of
Indigenous education for all students, the commissioner must:
 new text end

new text begin (1) provide historically accurate, Tribally endorsed, culturally relevant, community-based,
contemporary, and developmentally appropriate resources. Resources to implement standards
must include professional development and must demonstrate an awareness and
understanding of the importance of accurate, high-quality materials about the histories,
languages, cultures, and governments of local Tribes;
 new text end

new text begin (2) provide resources to support all students learning about the histories, languages,
cultures, governments, and experiences of their American Indian peers and neighbors.
Resources to implement standards across content areas must be developed to authentically
engage all students and support successful learning; and
 new text end

new text begin (3) conduct a needs assessment by December 31, 2023. The needs assessment must fully
inform the development of future resources for Indigenous education for all students by
using information from Minnesota's American Indian Tribes and communities, including
urban Indigenous communities, Minnesota's Tribal Nations Education Committee, schools
and districts, students, and educational organizations. The commissioner must submit a
report on the findings and recommendations from the needs assessment to the chairs and
ranking minority members of legislative committees with jurisdiction over education; to
the American Indian Tribes and communities in Minnesota, including urban Indigenous
communities; and to all schools and districts in the state by February 1, 2024.
 new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

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

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

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

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

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

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

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

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

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

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

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

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

new text begin Subd. 2. new text end

new text begin Prohibition on American Indian mascots. new text end

new text begin (a) A public school may not have
or adopt a name, symbol, or image that depicts or refers to an American Indian Tribe,
individual, custom, or tradition to be used as a mascot, nickname, logo, letterhead, or team
name of the district or school within the district.
 new text end

new text begin (b) A public school may seek an exemption to paragraph (a) by submitting a request in
writing to all eleven federally recognized Tribal Nations in Minnesota and to the Tribal
Nations Education Committee. The exemption is denied if any of the eleven Tribal Nations
or the Tribal Nations Education Committee opposes the exemption. A public school whose
exemption is denied must comply with paragraph (a) by September 1 of the following
calendar year after which the exemption request was made.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2024.
 new text end

Sec. 6.

Minnesota Statutes 2022, section 124D.73, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin American Indian student. new text end

new text begin "American Indian student" means a student who
identifies as American Indian or Alaska Native, as defined by the state on October 1 of the
previous school year.
 new text end

Sec. 7.

Minnesota Statutes 2022, section 124D.74, subdivision 1, is amended to read:


Subdivision 1.

Program described.

American Indian education programs are programs
in public elementary and secondary schools, nonsectarian nonpublic, community, tribal,
charter, or alternative schools enrolling American Indian children designed to:

(1) support postsecondary preparation for new text begin American Indian new text end pupils;

(2) support the academic achievement of American Indian deleted text begin studentsdeleted text end new text begin pupilsnew text end ;

(3) make the curriculum relevant to the needs, interests, and cultural heritage of American
Indian pupils;

(4) provide positive reinforcement of the self-image of American Indian pupils;

(5) develop intercultural awareness among pupils, parents, and staff; and

(6) supplement, not supplant, state and federal educational and cocurricular programs.

Program services designed to increase completion and graduation rates of American Indian
students must emphasize academic achievement, retention, and attendance; development
of support services for staff, including in-service training and technical assistance in methods
of teaching American Indian pupils; research projects, including innovative teaching
approaches and evaluation of methods of relating to American Indian pupils; provision of
career counseling to American Indian pupils; modification of curriculum, instructional
methods, and administrative procedures to meet the needs of American Indian pupils; and
deleted text begin supplementaldeleted text end instruction in American Indian language, literature, history, and culture.
Districts offering programs may make contracts for the provision of program services by
establishing cooperative liaisons with tribal programs and American Indian social service
agencies. These programs may also be provided as components of early childhood and
family education programs.

Sec. 8.

Minnesota Statutes 2022, section 124D.74, subdivision 3, is amended to read:


Subd. 3.

Enrollment of other children; shared time enrollment.

To the extent it is
economically feasible, a district or participating school may make provision for the voluntary
enrollment of non-American Indian children in the instructional components of an American
Indian education program in order that they may acquire an understanding of the cultural
heritage of the American Indian children for whom that particular program is designed.
However, in determining eligibility to participate in a program, priority must be given to
American Indian children. American Indian children deleted text begin and other childrendeleted text end enrolled in an
existing nonpublic school system may be enrolled on a shared time basis in American Indian
education programs.

Sec. 9.

Minnesota Statutes 2022, section 124D.74, subdivision 4, is amended to read:


Subd. 4.

Location of programs.

American Indian education programs must be located
in deleted text begin facilitiesdeleted text end new text begin educational settingsnew text end in which regular classes in a variety of subjects are offered
on a daily basis. Programs may operate on an extended day or extended year basisnew text begin , including
school districts, charter schools, and Tribal contract schools that offer virtual learning
environmentsnew text end .

Sec. 10.

Minnesota Statutes 2022, section 124D.74, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin American Indian culture and language classes. new text end

new text begin Any district or participating
school that conducts American Indian education programs under sections 124D.71 to
124D.82, and serves a student population of which: (1) at least five percent of the total
student population meets the state definition of American Indian students; or (2) 100 or
more students enrolled in the district are state-identified American Indian students must
provide American Indian culture and language classes.
 new text end

Sec. 11.

Minnesota Statutes 2022, section 124D.76, is amended to read:


124D.76 deleted text begin COMMUNITY COORDINATORS, INDIAN HOME/SCHOOL LIAISONSdeleted text end new text begin
AMERICAN INDIAN EDUCATION PROGRAM COORDINATORSnew text end ,
PARAPROFESSIONALS.

In addition to employing American Indian language and culture education teachers, each
district or participating school providing programs pursuant to sections 124D.71 to 124D.82
may employ paraprofessionals. Paraprofessionals must not be employed for the purpose of
supplanting American Indian language and culture education teachers.

Any district or participating school deleted text begin whichdeleted text end new text begin thatnew text end conducts American Indian education
programs pursuant to sections 124D.71 to 124D.82 must employ one or more full-time or
part-time deleted text begin community coordinators or Indian home/school liaisons if there aredeleted text end new text begin dedicated
American Indian education program coordinators in a district withnew text end 100 or more
new text begin state-identified new text end American Indian students enrolled in the district. deleted text begin Community coordinators
shalldeleted text end new text begin A dedicated American Indian education program coordinator mustnew text end promote
communicationnew text begin ,new text end understanding, and cooperation between the schools and the community
and deleted text begin shalldeleted text end new text begin mustnew text end visit the homes of children who are to be enrolled in an American Indian
education program in order to convey information about the program.

Sec. 12.

Minnesota Statutes 2022, section 124D.78, is amended to read:


124D.78 PARENT AND COMMUNITY PARTICIPATION.

Subdivision 1.

Parent committee.

deleted text begin School boards and American Indian schoolsdeleted text end new text begin School
districts, charter schools, Tribal contract schools, and the respective school boardsnew text end must
provide for the maximum involvement of parents of new text begin American Indian new text end children enrolled in
new text begin American Indian new text end education programs, programs for elementary and secondary grades,
special education programs, and support services. Accordingly, deleted text begin the board of a school districtdeleted text end new text begin
school districts, charter schools, and Tribal contract schoolsnew text end in which there are ten or morenew text begin
state-identifiednew text end American Indian students enrolled deleted text begin and each American Indian schooldeleted text end must
establish an American Indian deleted text begin educationdeleted text end Parent Advisory Committee. If a committee whose
membership consists of a majority of parents of American Indian children has been or is
established according to federal, tribal, or other state law, that committee may serve as the
committee required by this section and is subject to, at least, the requirements of this
subdivision and subdivision 2.

The American Indian deleted text begin educationdeleted text end Parent Advisory Committee must develop its
recommendations in consultation with the curriculum advisory committee required by
section 120B.11, subdivision 3. This committee must afford parents the necessary information
and the opportunity effectively to express their views concerning all aspects of American
Indian education and the educational needs of the American Indian children enrolled in the
school or program. deleted text begin The school board or American Indian schooldeleted text end new text begin School districts, charter
schools, and Tribal contract schoolsnew text end must ensure that programs are planned, operated, and
evaluated with the involvement of and in consultation with parents of new text begin the American Indian
new text end students served by the programs.

Subd. 2.

deleted text begin Resolution of concurrencedeleted text end new text begin Annual compliancenew text end .

Prior to March 1, the deleted text begin 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.deleted text end deleted text begin The copy must be
signed by the chair of the committee and must state whether the committee concurs with
the educational programs for American Indian students offered by the school board or
American Indian school. If the committee does not concur with the educational programs,
the reasons for nonconcurrence and recommendations shall be submitted directly to the
school board with the resolution. By resolution, the board must respond in writing within
60 days, in cases of nonconcurrence, to each recommendation made by the committee and
state its reasons for not implementing the recommendations.deleted text end new text begin American Indian Parent
Advisory Committee must meet to discuss whether or not they concur with the educational
offerings that have been extended by the district to American Indian students. If the
committee finds that the district, charter school, Tribal contract school, and the school board
have been meeting the needs of American Indian students, they issue a vote and resolution
of concurrence. If they find that the needs of American Indian students are not being met,
they issue a vote and resolution of nonconcurrence. The vote and resolution must be presented
to the school board by one or more members of the American Indian Parent Advisory
Committee. The vote is formally reflected on documentation provided by the Department
of Education and must be submitted annually on March 1.
new text end

new text begin If the vote is one of nonconcurrence, the committee must provide written
recommendations for improvement to the school board at the time of the presentation. In
the case of nonconcurrence, the school board is given 60 days in which to respond, in writing,
to the committee's recommendations. The board response must be signed by the entire
school board and submitted to both the American Indian Parent Advisory Committee and
to the Department of Education. The resolution must be accompanied by Parent Advisory
Committee meeting minutes that show they have been appraised by the district on the goals
of the Indian Education Program Plan and the measurement of progress toward those goals.
 new text end

Subd. 3.

Membership.

The American Indian deleted text begin educationdeleted text end Parent Advisory Committee
must be composed of parentsnew text begin or guardiansnew text end of new text begin American Indian new text end children eligible to be enrolled
in American Indian education programs; new text begin American Indian new text end secondary students deleted text begin eligible to
be serveddeleted text end ;new text begin American Indian family members of students eligible to be enrolled in American
Indian education programs;new text end American Indian language and culture education teachers and
paraprofessionals; American Indian teachers;new text begin American Indian district employees; American
Indiannew text end counselors; adult American Indian people enrolled in educational programs; and
deleted text begin representatives from community groups. Adeleted text end new text begin American Indian community members. Thenew text end
majority of each committee must be new text begin the new text end parents new text begin or guardians new text end ofnew text begin the American Indiannew text end children
enrolled or eligible to be enrolled in the programs. deleted text begin The number of parents of American
Indian and non-American Indian children shall reflect approximately the proportion of
children of those groups enrolled in the programs.
deleted text end

Subd. 4.

Alternate committee.

If the organizational membership or the board of directors
of deleted text begin an American Indian schooldeleted text end new text begin a Tribal contract schoolnew text end consists of parents of children attending
the school, that membership or board may serve also as the American Indian deleted text begin educationdeleted text end
Parent Advisory Committee.

new text begin Subd. 5. new text end

new text begin State-identified American Indian. new text end

new text begin For the purposes of sections 124D.71 to
124D.82, the number of students who identify as American Indian or Alaska Native, as
defined by the state of Minnesota on October 1 of the previous school year, will be used to
determine the state-identified American Indian student counts for school districts, charter
schools, and Tribal contract schools for the subsequent school year.
 new text end

Sec. 13.

Minnesota Statutes 2022, section 124D.79, subdivision 2, is amended to read:


Subd. 2.

Technical assistance.

The commissioner shall provide technical assistance to
districts, schools and postsecondary institutions for preservice and in-service training for
teachers, American Indian education teachers and paraprofessionals specifically designed
to implement culturally responsive teaching methods, culturally based curriculum
development, testing and testing mechanisms, deleted text begin anddeleted text end the development of materials for American
Indian education programsnew text begin , and the annual report of American Indian student data using
the state countnew text end .

Sec. 14.

Minnesota Statutes 2022, section 124D.791, subdivision 4, is amended to read:


Subd. 4.

Duties; powers.

The new text begin American new text end Indian education director shall:

(1) deleted text begin serve as the liaison for the departmentdeleted text end new text begin work collaboratively and in conjunctionnew text end with
the new text begin Tribal Liaison, the new text end Tribal Nations Education Committee, the 11 Tribal deleted text begin communitiesdeleted text end new text begin
nationsnew text end in Minnesota, the Minnesota Chippewa Tribe, and the Minnesota Indian Affairs
Council;

(2) evaluate the state of American Indian education in Minnesota;

(3) engage the tribal bodies, community groups, parents of children eligible to be served
by American Indian education programs, American Indian administrators and teachers,
persons experienced in the training of teachers for American Indian education programs,
the tribally controlled schools, and other persons knowledgeable in the field of American
Indian education and seek their advice on policies that can improve the quality of American
Indian education;

(4) advise the commissioner on American Indian education issues, including:

(i) issues facing American Indian students;

(ii) policies for American Indian education;

(iii) awarding scholarships to eligible American Indian students and in administering
the commissioner's duties regarding awarding of American Indian education grants to school
districts; and

(iv) administration of the commissioner's duties under sections 124D.71 to 124D.82 and
other programs for the education of American Indian people;

(5) propose to the commissioner legislative changes that will improve the quality of
American Indian education;

(6) develop a strategic plan and a long-term framework for American Indian education,
in conjunction with the Minnesota Indian Affairs Council, that is updated every five years
and implemented by the commissioner, with goals to:

(i) increase American Indian student achievement, including increased levels of
proficiency and growth on statewide accountability assessments;

(ii) increase the number of American Indian teachers in public schools;

(iii) close the achievement gap between American Indian students and their more
advantaged peers;

(iv) increase the statewide graduation rate for American Indian students; and

(v) increase American Indian student placement in postsecondary programs and the
workforce; and

(7) keep the American Indian community informed about the work of the department
by reporting to the Tribal Nations Education Committee at each committee meeting.

Sec. 15.

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

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

Sec. 16.

Minnesota Statutes 2022, section 124D.81, subdivision 1, is amended to read:


Subdivision 1.

Procedures.

A school district, charter school, or American
Indian-controlled tribal contract or grant school enrolling at least 20 American Indian
studentsnew text begin identified by the state countnew text end on October 1 of the previous school year and operating
an American Indian education program according to section 124D.74 is eligible for Indian
education aid if it meets the requirements of this section. Programs may provide for contracts
for the provision of program components by nonsectarian nonpublic, community, tribal,
charter, or alternative schools. The commissioner shall prescribe the form and manner of
application for aids, and no aid shall be made for a program not complying with the
requirements of sections 124D.71 to 124D.82.

Sec. 17.

Minnesota Statutes 2022, section 124D.81, subdivision 5, is amended to read:


Subd. 5.

Records.

Participating schools and districts must keep records and afford access
to them as the commissioner finds necessary to ensure that American Indian education
programs are implemented in conformity with sections 124D.71 to 124D.82. Each school
district or participating school must keep accurate, detailed, and separate revenue and
expenditure accounts for deleted text begin pilotdeleted text end American Indian education programs funded under this
section.

Sec. 18.

Minnesota Statutes 2022, section 144.4165, is amended to read:


144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.

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

new text begin (b)new text end Nothing in this section shall prohibit the lighting of tobacco by an adult as a part of
a traditional Indian spiritual or cultural ceremony. new text begin An American Indian student may carry
a medicine pouch containing loose tobacco intended as observance of traditional spiritual
or cultural practices. new text end For purposes of this section, an Indian is a person who is a member
of an Indian tribe as defined in section 260.755, subdivision 12.

ARTICLE 4

CHARTER SCHOOLS

Section 1.

Minnesota Statutes 2022, section 124E.02, is amended to read:


124E.02 DEFINITIONS.

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

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

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

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

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

new text begin (f) "Educational management organization" or "EMO" means a nonprofit or for-profit
entity that provides, manages, or oversees all or substantially all of the education program,
or the school's administrative, financial, business, or operational functions.
 new text end

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

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

new text begin (1) current and projected demographic information;
 new text end

new text begin (2) student enrollment patterns;
 new text end

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

new text begin (4) characteristics of proposed students and families;
 new text end

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

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

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

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

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

Sec. 2.

Minnesota Statutes 2022, section 124E.03, subdivision 2, is amended to read:


Subd. 2.

Certain federal, state, and local requirements.

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

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

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

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

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

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

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

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

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

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

Sec. 3.

Minnesota Statutes 2022, section 124E.03, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin English learners. new text end

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

Sec. 4.

Minnesota Statutes 2022, section 124E.05, subdivision 4, is amended to read:


Subd. 4.

Application content.

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

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

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

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

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

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

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

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

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

(b) Notwithstanding paragraph (a), an authorizer that is a school district may satisfy the
requirements of paragraph (a), clauses (1) and (2), and any requirement governing a conflict
of interest between an authorizer and its charter schools or ongoing evaluation or continuing
education of an administrator or other professional support staff by submitting to the
commissioner a written promise to comply with the requirements.

Sec. 5.

Minnesota Statutes 2022, section 124E.05, subdivision 7, is amended to read:


Subd. 7.

Withdrawal.

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

Sec. 6.

Minnesota Statutes 2022, section 124E.06, subdivision 1, is amended to read:


Subdivision 1.

Individuals eligible to organize.

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

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

(1) the deleted text begin school developer'sdeleted text end new text begin proposed school'snew text end :

(i) mission deleted text begin statementdeleted text end new text begin and vision statementsnew text end ;

(ii) deleted text begin schooldeleted text end purposesnew text begin and goalsnew text end ;

(iii) new text begin educational new text end program designnew text begin and how the program will improve student learning,
success, and achievementnew text end ;

new text begin (iv) plan to address the social and emotional learning needs of students and student
support services;
 new text end

new text begin (v) plan to provide special education management and services;
 new text end

new text begin (vi) plan for staffing the school with appropriately qualified and licensed personnel;
 new text end

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

deleted text begin (v)deleted text end new text begin (viii)new text end governance and management structurenew text begin and plannew text end ; deleted text begin and
deleted text end

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

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

new text begin (x) plan for ongoing outreach and dissemination of information about the school's
offerings and enrollment procedure to families that reflect the diversity of Minnesota's
population and targeted groups under section 124E.17, subdivision 1, paragraph (a);
 new text end

new text begin (2) the school developer's experience and background, including criminal history and
bankruptcy background checks;
 new text end

deleted text begin (2)deleted text end new text begin (3)new text end any other information the authorizer requests; and

deleted text begin (3)deleted text end new text begin (4)new text end a "statement of assurances" of legal compliance prescribed by the commissioner.

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

Sec. 7.

Minnesota Statutes 2022, section 124E.06, subdivision 4, is amended to read:


Subd. 4.

Authorizer's affidavit; approval process.

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

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

(2) how the authorizer intends to oversee:

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

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

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

Sec. 8.

Minnesota Statutes 2022, section 124E.06, subdivision 5, is amended to read:


Subd. 5.

Adding grades or sites.

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

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

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

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

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

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

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

Sec. 9.

Minnesota Statutes 2022, section 124E.10, subdivision 1, is amended to read:


Subdivision 1.

Contents.

(a) To authorize a charter school, the authorizer and the charter
school board of directors must sign a written contract within 45 business days of the
commissioner's approval of the authorizer's affidavit. The authorizer shall submit a copy of
the charter contract to the commissioner within ten business days after the contract is signed
by the contracting parties. The contract must include at least the following:

(1) a declaration that the charter school will carry out the primary purpose in section
124E.01, subdivision 1, and indicate how the school will report its implementation of the
primary purpose to its authorizer;

(2) a declaration of the additional purpose or purposes in section 124E.01, subdivision
1, that the school intends to carry out and indicate how the school will report its
implementation of those purposes to its authorizer;

(3) a description of the school program and the specific academic and nonacademic
outcomes that pupils must achieve;

(4) a statement of new text begin the school's new text end admission policies and procedures;

(5) a school governance, management, and administration plan;

(6) signed agreements from charter school board members to comply with the federal
and state laws governing organizational, programmatic, and financial requirements applicable
to charter schools;

(7) the criteria, processes, and procedures the authorizer will use to monitor and evaluate
the fiscal, operational, and academic performance, consistent with subdivision 3, paragraphs
(a) and (b);

(8) for contract renewal, the formal written performance evaluation that is a prerequisite
for reviewing a charter contract under subdivision 3;

(9) types and amounts of insurance liability coverage the charter school must obtain,
consistent with section 124E.03, subdivision 2, paragraph (d);

(10) consistent with section 124E.09, paragraph (d), a provision to indemnify and hold
harmless from any suit, claim, or liability arising from any charter school operation:

(i) the authorizer and its officers, agents, and employees; and

(ii) notwithstanding section 3.736, the commissioner and department officers, agents,
and employees;

(11) the term of the contract, which, for an initial contract, may be up to five years plus
a preoperational planning period, or for a renewed contract or a contract with a new authorizer
after a transfer of authorizers, may be up to five years, if warranted by the school's academic,
financial, and operational performance;

(12) how the charter school board of directors or the charter school operators will provide
special instruction and services for children with a disability under sections 125A.03 to
125A.24, and 125A.65, and a description of the financial parameters within which the charter
school will provide the special instruction and services to children with a disability;

(13) the specific conditions for contract renewal that identify the performance of all
students under the primary purpose of section 124E.01, subdivision 1, as the most important
factor in determining whether to renew the contract; and

(14) the additional purposes under section 124E.01, subdivision 1, and related
performance obligations under clause (7) contained in the charter contract as additional
factors in determining whether to renew the contract.

(b) In addition to the requirements of paragraph (a), the charter contract must contain
the plan for an orderly closing of the school under chapter 317A, that establishes the
responsibilities of the school board of directors and the authorizer, whether the closure is a
termination for cause, a voluntary termination, or a nonrenewal of the contract. The plan
must establish who is responsible for:

(1) notifying the commissioner, school district in which the charter school is located,
and parents of enrolled students about the closure;

(2) providing parents of enrolled students information and assistance to enable the student
to re-enroll in another school;

(3) transferring student records under section 124E.03, subdivision 5, paragraph (b), to
the student's resident school district; and

(4) closing financial operations.

(c) A charter school must design its programs to at least meet the outcomes adopted by
the commissioner for public school students, including world's best workforce goals under
section 120B.11, subdivision 1. In the absence of the commissioner's requirements governing
state standards and benchmarks, the school must meet the outcomes contained in the contract
with the authorizer. The achievement levels of the outcomes contained in the contract may
exceed the achievement levels of any outcomes adopted by the commissioner for public
school students.

Sec. 10.

Minnesota Statutes 2022, section 124E.11, is amended to read:


124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.

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

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

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

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

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

(c) new text begin Admission to a charter school must be free to any eligible pupil who resides within
the state of Minnesota. A charter school must give enrollment preference to a Minnesota
resident pupil over out-of-state residents. new text end A charter school deleted text begin shalldeleted text end new text begin mustnew text end give enrollment
preference to a sibling of an enrolled pupil and to a foster child of that pupil's parents and
may give preference for enrolling children of the school's staff before accepting other pupils
by lot. A charter school that is located in Duluth township in St. Louis County and admits
students in kindergarten through grade 6 must give enrollment preference to students residing
within a five-mile radius of the school and to the siblings of enrolled children. deleted text begin A charter
school may give enrollment preference to children currently enrolled in the school's free
preschool or prekindergarten program under section 124E.06, subdivision 3, paragraph (b),
who are eligible to enroll in kindergarten in the next school year.
deleted text end

(d) A person deleted text begin shalldeleted text end new text begin maynew text end not be admitted to a charter school (1) as a kindergarten pupil,
unless the pupil is at least five years of age on September 1 of the calendar year in which
the school year for which the pupil seeks admission commences; or (2) as a first grade
student, unless the pupil is at least six years of age on September 1 of the calendar year in
which the school year for which the pupil seeks admission commences or has completed
kindergarten; except that a charter school may establish and publish on its website a policy
for admission of selected pupils at an earlier age, consistent with the enrollment process in
paragraphs (b) and (c).

(e) Except as permitted in deleted text begin paragraph (d)deleted text end new text begin paragraphs (d) and (i)new text end , a charter school, including
its preschool or prekindergarten program established under section 124E.06, subdivision
3, paragraph (b), may not limit admission to pupils on the basis of intellectual ability,
measures of achievement or aptitude, or athletic ability and may not establish any criteria
or requirements for admission that are inconsistent with this section.

(f) The charter school deleted text begin shalldeleted text end new text begin mustnew text end not distribute any services or goods of value to students,
parents, or guardians as an inducement, term, or condition of enrolling a student in a charter
school.

(g) Once a student is enrolled in the school, the student is considered enrolled in the
school until the student formally withdraws or is expelled under the Pupil Fair Dismissal
Act in sections 121A.40 to 121A.56new text begin , except that: (1) a pupil currently enrolled in the school's
fee-based preschool or prekindergarten program under section 124E.06, subdivision 3,
paragraph (b), who is eligible to enroll in kindergarten in the next school year must apply
to and be admitted into kindergarten according to the provisions of this section; and (2)
out-of-state residents must annually apply to and be admitted by the school according to
the provisions of this sectionnew text end .

(h) A charter school with at least 90 percent of enrolled students who are eligible for
special education services and have a primary disability of deaf or hard-of-hearing may
enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1deleted text begin ,
paragraph (a), anddeleted text end new text begin . The charter schoolnew text end must comply with the federal Individuals with
Disabilities Education Act under Code of Federal Regulations, title 34, section 300.324,
subsection (2), clause (iv)new text begin , or for a prekindergarten pupil under the age of three, the charter
school must have a plan approved by the commissioner to provide early learning services
consistent with sections 125A.259 to 125A.48new text end .

new text begin (i) A charter school serving at least 90 percent of enrolled students who are eligible for
special education services and have a primary disability of deaf, deafblind, or hard-of-hearing
may give enrollment preference to students who are eligible for special education services
and have a primary disability of deaf, deafblind, or hard-of-hearing. The charter school may
not limit admission based on the student's eligibility for additional special education services.
 new text end

Sec. 11.

Minnesota Statutes 2022, section 124E.12, subdivision 1, is amended to read:


Subdivision 1.

Teachers.

A charter schoolnew text begin , excluding its preschool or prekindergarten
program established under section 124E.06, subdivision 3,new text end must employ or contract with
necessary teachers, as defined by section deleted text begin 122A.15, subdivision 1,deleted text end new text begin 122A.06, subdivision 2,
or contract with a cooperative formed under chapter 308A to provide necessary teachers,new text end
who hold valid licenses to perform the particular service for which they are employed in
the school. new text begin A charter school's preschool or prekindergarten program must employ or contract
with teachers knowledgeable in early childhood curriculum content, assessment, native and
English language programs, and instruction established under section 124E.06, subdivision
3. new text end The commissioner may reduce the charter school's state aid under section 127A.43 if the
school employs a teacher who is not appropriately licensed or approved by the Professional
Educator Licensing and Standards Board. The school may employ necessary employees
who are not required to hold teaching licenses to perform duties other than teaching and
may contract for other services. The school may discharge teachers and nonlicensed
employees. The charter school board is subject to section 181.932 governing whistle-blowers.
When offering employment to a prospective employee, a charter school must give that
employee a written description of the terms and conditions of employment and the school's
personnel policies.

Sec. 12.

Minnesota Statutes 2022, section 124E.13, subdivision 1, is amended to read:


Subdivision 1.

Leased space.

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

Sec. 13.

Minnesota Statutes 2022, section 124E.13, subdivision 3, is amended to read:


Subd. 3.

Affiliated nonprofit building corporation.

(a) An affiliated nonprofit building
corporation may purchase, expand, or renovate an existing facility to serve as a school or
may construct a new school facility. deleted text begin Adeleted text end new text begin Onenew text end charter school may organize an affiliated
nonprofit building corporationnew text begin that serves only that charter schoolnew text end if the charter school:

(1) has operated for at least six consecutive years;

(2) as of June 30, has a net positive unreserved general fund balance in the preceding
three fiscal years;

(3) has long-range strategic and financial plans that include enrollment projections for
at least five years;

(4) completes a feasibility study of facility options that outlines the benefits and costs
of each option; and

(5) has a plan that describes project parameters and budget.

(b) An affiliated nonprofit building corporation under this subdivision must:

(1) be incorporated under section 317A;

(2) comply with applicable Internal Revenue Service regulations, including regulations
for "supporting organizations" as defined by the Internal Revenue Service;

(3) post on the school website the name, mailing address, bylaws, minutes of board
meetings, and names of the current board of directors of the affiliated nonprofit building
corporation;

(4) submit to the commissioner a copy of its annual audit by December 31 of each year;
and

(5) comply with government data practices law under chapter 13.

(c) An affiliated nonprofit building corporation must not serve as the leasing agent for
property or facilities it does not own. A charter school that leases a facility from an affiliated
nonprofit building corporation that does not own the leased facility is ineligible to receive
charter school lease aid. The state is immune from liability resulting from a contract between
a charter school and an affiliated nonprofit building corporation.

(d) The board of directors of the charter school must ensure the affiliated nonprofit
building corporation complies with all applicable legal requirements. The charter school's
authorizer must oversee the efforts of the board of directors of the charter school to ensure
legal compliance of the affiliated building corporation. A school's board of directors that
fails to ensure the affiliated nonprofit building corporation's compliance violates its
responsibilities and an authorizer must consider that failure when evaluating the charter
school.

Sec. 14.

Minnesota Statutes 2022, section 124E.16, is amended to read:


124E.16 REPORTS.

Subdivision 1.

Audit report.

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

(b) The charter school must submit an audit report to the commissioner and its authorizer
annually by December 31.

(c) The charter school, with the assistance of the auditor conducting the audit, must
include with the report, as supplemental information: (1) a copy ofnew text begin a newnew text end management
deleted text begin agreementsdeleted text end new text begin agreement or an amendment to a current agreementnew text end with a deleted text begin charter management
organization or an educational management organization and (2) service agreements or
contracts over the lesser of $100,000 or ten percent of the school's most recent annual audited
expendituresdeleted text end new text begin CMO or EMO signed during the audit year; and (2) a copy of a service
agreement or contract with a company or individual totaling over five percent of the audited
expenditures for the most recent audit yearnew text end . The agreements must detail the terms of the
agreement, including the services provided and the annual costs for those services. deleted text begin If the
entity that provides the professional services to the charter school is exempt from taxation
under section 501 of the Internal Revenue Code of 1986, that entity must file with the
commissioner by February 15 a copy of the annual return required under section 6033 of
the Internal Revenue Code of 1986.
deleted text end

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

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

Subd. 2.

Annual public reports.

(a) A charter school must publish an annual report
approved by the board of directors. The annual report must at least include information on
school enrollment, student attrition, governance and management, staffing, finances,
new text begin management agreements with a CMO or EMO, new text end academic performance, innovative practices
and implementation, and future plans. A charter school may combine this report with the
reporting required under section 120B.11 governing the world's best workforce. A charter
school must post the annual report on the school's official website. A charter school also
must distribute the annual report by publication, mail, or electronic means to its authorizer,
school employees, and parents and legal guardians of students enrolled in the charter school.
The reports are public data under chapter 13.

(b) An authorizer must submit an annual public report in a manner specified by the
commissioner by January 15 for the previous school year ending June 30 that shall at least
include key indicators of school academic, operational, and financial performance. The
report is part of the system to evaluate authorizer performance under section 124E.05,
subdivision 5.

new text begin Subd. 3. new text end

new text begin Public accounting and reporting CMO and EMO agreements. new text end

new text begin (a) A charter
school that enters into a management agreement with a CMO or EMO must:
 new text end

new text begin (1) publish on its website for at least 20 business days the proposed final agreement for
public review and comment before the school board may adopt the contract or agreement.
Any changes made to the posted agreement during the public review period or any proposed
amendments to the agreement once adopted must be posted for 20 business days before the
board may adopt the amendments to the contract;
 new text end

new text begin (2) annually publish on its website a statement of assurance that no member of the school
board, staff, or any agent of the school has been promised or received any form of
compensation or gifts from the CMO or EMO and that no board member, employee, or
agent of the CMO or EMO or any of the organization affiliates or providers serve on the
charter school board; and
 new text end

new text begin (3) conduct an independent review and evaluation of the services provided by the CMO
or EMO and publish the evaluation on the school's website at least 30 business days before
the end of the current contract.
 new text end

new text begin (b) A management agreement with a CMO or EMO must contain the following:
 new text end

new text begin (1) the term of the contract, not to exceed five years;
 new text end

new text begin (2) the total dollar value of the contract including the annual projected costs of services;
 new text end

new text begin (3) a description and terms of the services to be provided during the term of the contract;
 new text end

new text begin (4) notice that a charter school closure during the term of the contract by action of the
authorizer or the school's board results in the balance of the current contract becoming null
and void;
 new text end

new text begin (5) an annual statement of assurance to the charter school board that the CMO or EMO
provided no compensation or gifts to any charter school board member, staff member, or
agent of the charter school;
 new text end

new text begin (6) an annual statement of assurance that no charter school board member, employee,
contractor, or agent of the CMO or EMO or any affiliated organization is a board member
of the charter school or any other charter school;
 new text end

new text begin (7) the policies and protocols that meet federal and state laws regarding student and
personnel data collection, usage, access, retention, disclosure and destruction, and
indemnification and warranty provisions in case of data breaches by the CMO or EMO;
 new text end

new text begin (8) the CMO or EMO must annually provide the charter school board a financial report
by July 31 that accounts for income and expenditures for the previous fiscal year using the
account categories in uniform financial accounting and reporting standards; and
 new text end

new text begin (9) an annual assurance that all assets purchased on behalf of the charter school using
public funds remain assets of the school.
 new text end

new text begin (c) Any agreement with a CMO or EMO containing any of the following provisions is
null and void:
 new text end

new text begin (1) restrictions on the charter school's ability to operate a school upon termination of
the agreement;
 new text end

new text begin (2) restrictions on the annual or total amount of the school's operating surplus or fund
balance;
 new text end

new text begin (3) authorization to allow a CMO or EMO to withdraw funds from a charter school
account; or
 new text end

new text begin (4) authorization to allow a CMO or EMO to loan funds to the charter school.
 new text end

new text begin (d) A CMO or EMO or its affiliates, employees, or agents may not contract with, be
employed by, or serve on the board of an authorizer. An authorizer or its affiliates, employees,
or agents may not contract with, be employed by, serve as a paid consultant for, or serve as
a board member of a CMO or EMO.
 new text end

Sec. 15.

Minnesota Statutes 2022, section 124E.25, subdivision 1a, is amended to read:


Subd. 1a.

School closures; payments.

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

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

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

ARTICLE 5

DISCIPLINE, RESTRICTIVE PROCEDURES, AND REPORTING REFORM

Section 1.

Minnesota Statutes 2022, section 120A.22, subdivision 7, is amended to read:


Subd. 7.

Education records.

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

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

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

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

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

Sec. 2.

Minnesota Statutes 2022, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2022, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin Pupil withdrawal agreement. new text end

new text begin "Pupil withdrawal agreement" means a verbal
or written agreement between a school administrator or district administrator and a pupil's
parent to withdraw a student from the school district to avoid expulsion or exclusion dismissal
proceedings. The duration of the withdrawal agreement cannot be for more than a 12-month
period.
 new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2022, section 121A.425, is amended to read:


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

Subdivision 1.

Disciplinary dismissals prohibited.

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

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

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

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

Subd. 2.

Nonexclusionary discipline.

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

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

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

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

Sec. 5.

Minnesota Statutes 2022, section 121A.45, subdivision 1, is amended to read:


Subdivision 1.

Provision of alternative programs.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2022, section 121A.46, subdivision 4, is amended to read:


Subd. 4.

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2022, section 121A.46, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Minimum education services. new text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2022, section 121A.47, subdivision 2, is amended to read:


Subd. 2.

Written notice.

Written notice of intent to take action shall:

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

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

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

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

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

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

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

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

(3) present evidence; and

(4) confront and cross-examine witnesses.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2022, section 121A.47, subdivision 14, is amended to read:


Subd. 14.

Admission or readmission plan.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2022, section 121A.53, subdivision 1, is amended to read:


Subdivision 1.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2022, section 121A.55, is amended to read:


121A.55 POLICIES TO BE ESTABLISHED.

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2022, section 121A.58, is amended to read:


121A.58 CORPORAL PUNISHMENTnew text begin ; PRONE RESTRAINT; AND CERTAIN
PHYSICAL HOLDSnew text end .

Subdivision 1.

deleted text begin Definitiondeleted text end new text begin Definitionsnew text end .

new text begin (a) new text end For the purpose of this section, "corporal
punishment" means conduct involving:

(1) hitting or spanking a person with or without an object; or

(2) unreasonable physical force that causes bodily harm or substantial emotional harm.

new text begin (b) For the purpose of this section, "prone restraint" means placing a child in a face-down
position.
 new text end

Subd. 2.

Corporal punishment not allowed.

An employee or agent of a district shall
not inflict corporal punishment or cause corporal punishment to be inflicted upon a pupil
to reform unacceptable conduct or as a penalty for unacceptable conduct.

new text begin Subd. 2a. new text end

new text begin Prone restraint and certain physical holds not allowed. new text end

new text begin (a) An employee
or agent of a district, including a school resource officer or police officer contracted with
a district, shall not use prone restraint.
 new text end

new text begin (b) An employee or agent of a district, including a school resource officer or police
officer contracted with a district, shall not inflict any form of physical holding that restricts
or impairs a pupil's ability to breathe; restricts or impairs a pupil's ability to communicate
distress; places pressure or weight on a pupil's head, throat, neck, chest, lungs, sternum,
diaphragm, back, or abdomen; or results in straddling a pupil's torso.
 new text end

Subd. 3.

Violation.

Conduct that violates subdivision 2 is not a crime under section
645.241, but may be a crime under chapter 609 if the conduct violates a provision of chapter
609.

Sec. 13.

Minnesota Statutes 2022, section 121A.61, subdivision 1, is amended to read:


Subdivision 1.

Required policy.

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

Sec. 14.

Minnesota Statutes 2022, section 121A.61, subdivision 3, is amended to read:


Subd. 3.

Policy components.

The policy must include at least the following components:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 15.

Minnesota Statutes 2022, section 121A.61, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Discipline complaint procedure. new text end

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

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

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

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

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

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

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

Sec. 16.

Minnesota Statutes 2022, section 121A.61, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin School supports. new text end

new text begin (a) A school board is strongly encouraged to adopt a policy
that promotes the understanding in school staff that when a student is unable to meet adult
expectations it is often because the student lacks the skills to respond to a situation
appropriately. A school district must support school staff in using tiered interventions that
teach students skills and prioritize relationships between students and teachers.
 new text end

new text begin (b) A school board is strongly encouraged to adopt a policy that discourages teachers
and staff from reacting to unwanted student behavior with approaches that take away the
student's opportunity to build skills for responding more appropriately.
 new text end

Sec. 17.

new text begin [121A.611] RECESS AND OTHER BREAKS.
 new text end

new text begin (a) "Recess detention" as used in this chapter means excluding or excessively delaying
a student from participating in a scheduled recess period as a consequence for student
behavior. Recess detention does not include, among other things, providing alternative
recess at the student's choice.
 new text end

new text begin (b) A school district or charter school is encouraged to ensure student access to structured
breaks from the demands of school and to support teachers, principals, and other school
staff in their efforts to use evidence-based approaches to reduce exclusionary forms of
discipline.
 new text end

new text begin (c) A school district or charter school must not use recess detention unless:
 new text end

new text begin (1) a student causes or is likely to cause serious physical harm to other students or staff;
 new text end

new text begin (2) the student's parent or guardian specifically consents to the use of recess detention;
or
 new text end

new text begin (3) for students receiving special education services, the student's individualized education
program team has determined that withholding recess is appropriate based on the
individualized needs of the student.
 new text end

new text begin (d) A school district or charter school must not withhold recess from a student based on
incomplete homework.
 new text end

new text begin (e) A school district or charter school must require school staff to make a reasonable
attempt to notify a parent or guardian within 24 hours of using recess detention.
 new text end

new text begin (f) A school district or charter school must compile information on each recess detention
at the end of each school year, including the student's age, grade, gender, race or ethnicity,
and special education status. This information must be available to the public upon request.
A school district or charter school is encouraged to use the data in professional development
promoting the use of nonexclusionary discipline.
 new text end

new text begin (g) A school district or charter school must not withhold or excessively delay a student's
participation in scheduled mealtimes. This section does not alter a district or school's existing
responsibilities under section 124D.111 or other state or federal law.
 new text end

Sec. 18.

Minnesota Statutes 2022, section 125A.0942, is amended to read:


125A.0942 STANDARDS FOR RESTRICTIVE PROCEDURES.

Subdivision 1.

Restrictive procedures plan.

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

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

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

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

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

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

(ii) convening an oversight committee to undertake a quarterly review of the use of
restrictive procedures based on patterns or problems indicated by similarities in the time of
day, day of the week, duration of the use of a procedure, the individuals involved, or other
factors associated with the use of restrictive procedures; the number of times a restrictive
procedure is used schoolwide and for individual children; the number and types of injuries,
if any, resulting from the use of restrictive procedures; whether restrictive procedures are
used in nonemergency situations; the need for additional staff training; and proposed actions
to minimize the use of restrictive proceduresnew text begin ; any disproportionate use of restrictive
procedures based on race, gender, or disability status; the role of the school resource officer
or police in emergencies and the use of restrictive procedures; and documentation to
determine if the standards for using restrictive procedures as described in sections 125A.0941
and 125A.0942 are metnew text end ; and

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

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

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

(2) an expert in positive behavior strategies;

(3) a special education administrator; and

(4) a general education administrator.

Subd. 2.

Restrictive procedures.

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

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

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

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

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

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

Subd. 3.

Physical holding or seclusion.

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

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

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

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

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

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

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

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

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

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

new text begin (v) a brief description of the post-use debriefing that occurred as a result of the use of
the physical hold or seclusion;
 new text end

(6) the room used for seclusion must:

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

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

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

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

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

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

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

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

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

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

Subd. 4.

Prohibitions.

The following actions or procedures are prohibited:

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

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

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

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

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

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

(7) withholding regularly scheduled meals or water;

(8) denying access to bathroom facilities;

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

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

new text begin (11) the use of seclusion on children from birth through third grade.
 new text end

Subd. 5.

Training for staff.

(a) To meet the requirements of subdivision 1, staff who
use restrictive procedures, including paraprofessionals, shall complete training in the
following skills and knowledge areas:

(1) positive behavioral interventions;

(2) communicative intent of behaviors;

(3) relationship building;

(4) alternatives to restrictive procedures, including techniques to identify events and
environmental factors that may escalate behavior;

(5) de-escalation methods;

(6) standards for using restrictive procedures only in an emergency;

(7) obtaining emergency medical assistance;

(8) the physiological and psychological impact of physical holding and seclusion;

(9) monitoring and responding to a child's physical signs of distress when physical
holding is being used;

(10) recognizing the symptoms of and interventions that may cause positional asphyxia
when physical holding is used;

(11) district policies and procedures for timely reporting and documenting each incident
involving use of a restricted procedure; and

(12) schoolwide programs on positive behavior strategies.

(b) The commissioner, after consulting with the commissioner of human services, must
develop and maintain a list of training programs that satisfy the requirements of paragraph
(a). The commissioner also must develop and maintain a list of experts to help individualized
education programnew text begin or individualized family service plannew text end teams reduce the use of restrictive
procedures. The district shall maintain records of staff who have been trained and the
organization or professional that conducted the training. The district may collaborate with
children's community mental health providers to coordinate trainings.

Subd. 6.

Behavior supports; reasonable force.

(a) School districts are encouraged to
establish effective schoolwide systems of positive behavior interventions and supports.

(b) Nothing in this section or section 125A.0941 precludes the use of reasonable force
under sections 121A.582; 609.06, subdivision 1; and 609.379. deleted text begin For the 2014-2015 school
year and later, districts must collect and submit to the commissioner summary data, consistent
with subdivision 3, paragraph (b), on district use of reasonable force that is consistent with
the definition of physical holding or seclusion for a child with a disability under this section.deleted text end new text begin
Any reasonable force used under sections 121A.582; 609.06, subdivision 1; and 609.379
which intends to hold a child immobile or limit a child's movement where body contact is
the only source of physical restraint or confines a child alone in a room from which egress
is barred shall be reported to the Department of Education as a restrictive procedure, including
physical holding or seclusion used by an unauthorized or untrained staff person.
new text end

ARTICLE 6

SUPPORTING TEACHER RECRUITMENT, RETENTION, PROFESSIONAL
EXPERIENCE

Section 1.

Minnesota Statutes 2022, section 120A.414, subdivision 2, is amended to read:


Subd. 2.

Plan.

A school board may adopt an e-learning day plan after deleted text begin consultingdeleted text end new text begin meeting
and negotiatingnew text end with the exclusive representative of the teachers. A charter school may
adopt an e-learning day plan after consulting with its teachersnew text begin , or after meeting and
negotiating with the exclusive representative for its teachersnew text end . The plan must include
accommodations for students without Internet access at home and for digital device access
for families without the technology or an insufficient amount of technology for the number
of children in the household. A school's e-learning day plan must provide accessible options
for students with disabilities under chapter 125A.

Sec. 2.

Minnesota Statutes 2022, section 120B.11, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

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

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

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

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

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

new text begin (e) "Ethnic studies curriculum" means the critical and interdisciplinary study of race,
ethnicity, and indigeneity with a focus on the experiences and perspectives of People of
Color within and beyond the United States. Ethnic studies analyzes the ways in which race
and racism have been and continue to be powerful social, cultural, and political forces, and
the connection of race to the stratification of other groups, including stratification based on
gender, class, sexual orientation, gender identity, and legal status. The ethnic studies
curriculum may be integrated in existing curricular opportunities or provided through
additional curricular offerings.
 new text end

new text begin (f) "Antiracist" means actively working to identify and eliminate racism in all forms so
that power and resources are redistributed and shared equitably among racial groups.
 new text end

new text begin (g) "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 schooling.
 new text end

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

Sec. 3.

Minnesota Statutes 2022, section 120B.11, subdivision 2, is amended to read:


Subd. 2.

Adopting plans and budgets.

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

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

(2) a process tonew text begin :new text end assess and evaluate each student's progress toward meeting state and
local academic standardsdeleted text begin ,deleted text end new text begin ;new text end assess and identify students to participate in gifted and talented
programs and accelerate their instructiondeleted text begin , anddeleted text end new text begin ;new text end adopt early-admission procedures consistent
with section 120B.15deleted text begin ,deleted text end new text begin ; assess ethnic studies curriculum needs to determine priorities for
integrating ethnic studies into existing courses or developing new courses;new text end and deleted text begin identifyingdeleted text end new text begin
identifynew text end 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, new text begin including ethnic studies curriculum,new text end 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, includingnew text begin :
new text end

new text begin (i)new text end the English and, where practicable, the native language development and the academic
achievement of English learners;new text begin and
new text end

new text begin (ii) access to ethnic studies curriculum using culturally responsive methodologies for
all learners;
 new text end

(5) a process to examine the equitable distribution of teachers and strategies to ensure
new text begin children in new text end low-income deleted text begin and minority childrendeleted text end new text begin families, children in families of People of
Color, and children in American Indian familiesnew text end are not taught at higher rates than other
children by inexperienced, ineffective, or out-of-field teachers;

(6) education effectiveness practices thatnew text begin :
new text end

new text begin (i)new text end integrate high-quality instruction, deleted text begin rigorous curriculum,deleted text end technology, and new text begin curriculum
that is rigorous, accurate, antiracist, and culturally sustaining;
new text end

new text begin (ii) ensure learning and work environments validate, affirm, embrace, and integrate
cultural and community strengths for all students, families, and employees; and
 new text end

new text begin (iii) provide new text end a collaborative professional culture that deleted text begin develops and supportsdeleted text end new text begin seeks to
retain qualified, racially and ethnically diverse staff effective at working with diverse students
while developing and supportingnew text end teacher quality, performance, and effectiveness; deleted text begin and
deleted text end

(7) an annual budget for continuing to implement the district plandeleted text begin .deleted text end new text begin ; and
new text end

new text begin (8) identifying a list of suggested and required materials, resources, sample curricula,
and pedagogical skills for use in kindergarten through grade 12 that accurately reflect the
diversity of the state of Minnesota.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all strategic plans reviewed and
updated after June 30, 2024.
 new text end

Sec. 4.

Minnesota Statutes 2022, section 120B.11, subdivision 3, is amended to read:


Subd. 3.

District advisory committee.

Each school board deleted text begin shalldeleted text end new text begin mustnew text end establish an advisory
committee to ensure active community participation in all phases of planning and improving
the instruction and curriculum affecting state and district academic standards, consistent
with subdivision 2. A district advisory committee, to the extent possible, deleted text begin shalldeleted text end new text begin mustnew text end reflect
the diversity of the district and its school sites, include teachers, parents, support staff,
students, and other community residents, and provide translation to the extent appropriate
and practicable. The district advisory committee deleted text begin shalldeleted text end new text begin mustnew text end pursue community support to
accelerate the academic and native literacy and achievement of English learners with varied
needs, from young children to adults, consistent with section 124D.59, subdivisions 2 and
2a. The district may establish site teams as subcommittees of the district advisory committee
under subdivision 4. The district advisory committee deleted text begin shalldeleted text end new text begin mustnew text end recommend to the school
boardnew text begin :new text end rigorous academic standardsdeleted text begin ,deleted text end new text begin ;new text end student achievement goals and measures consistent
with subdivision 1a and sections 120B.022, subdivisions 1a and 1b, and 120B.35deleted text begin ,deleted text end new text begin ;new text end district
assessmentsdeleted text begin ,deleted text end new text begin ;new text end means to improve students' equitable access to effective and more diverse
teachersdeleted text begin ,deleted text end new text begin ; strategies to ensure the curriculum is rigorous, accurate, antiracist, and culturally
sustaining; strategies to ensure that curriculum and learning and work environments validate,
affirm, embrace, and integrate the cultural and community strengths of all racial and ethnic
groups;new text end and program evaluations. School sites may expand upon district evaluations of
instruction, curriculum, assessments, or programs. Whenever possible, parents and other
community residents deleted text begin shalldeleted text end new text begin mustnew text end comprise at least two-thirds of advisory committee members.

Sec. 5.

new text begin [120B.117] INCREASING PERCENTAGE OF TEACHERS OF COLOR
AND AMERICAN INDIAN TEACHERS IN MINNESOTA.
 new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin This section sets short-term and long-term attainment goals for
increasing the percentage of teachers of color and who are American Indian teachers in
Minnesota and for ensuring all students have equitable access to effective and racially and
ethnically diverse teachers who reflect the diversity of students. The goals and report required
under this section are important for meeting attainment goals for the world's best workforce
under section 120B.11, achievement and integration under section 124D.861, and higher
education attainment under section 135A.012, all of which have been established to close
persistent opportunity and achievement gaps that limit students' success in school and life
and impede the state's economic growth.
 new text end

new text begin Subd. 2. new text end

new text begin Equitable access to racially and ethnically diverse teachers. new text end

new text begin The percentage
of teachers in Minnesota who are of color or who are American Indian should increase at
least two percentage points per year to have a teaching workforce that more closely reflects
the state's increasingly diverse student population and to ensure all students have equitable
access to effective and diverse teachers by 2040.
 new text end

new text begin Subd. 3. new text end

new text begin Rights not created. new text end

new text begin The attainment goal in this section is not to the exclusion
of any other goals and does not confer a right or create a claim for any person.
 new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin Beginning in 2024 and every even-numbered year thereafter, the
Professional Educator Licensing and Standards Board must collaborate with the Department
of Education and the Office of Higher Education to publish a summary report of each of
the programs they administer and any other programs receiving state appropriations that
have or include an explicit purpose of increasing the racial and ethnic diversity of the state's
teacher workforce to more closely reflect the diversity of students. The report must include
programs under sections 122A.59, 122A.63, 122A.635, 122A.70, 122A.73, 124D.09,
124D.861, 136A.1274, 136A.1276, and 136A.1791, along with any other programs or
initiatives that receive state appropriations to address the shortage of teachers of color and
American Indian teachers. The board must, in coordination with the Office of Higher
Education and Department of Education, provide policy and funding recommendations
related to state-funded programs to increase the recruitment, preparation, licensing, hiring,
and retention of racially and ethnically diverse teachers and the state's progress toward
meeting or exceeding the goals of this section. The report must include recommendations
for state policy and funding needed to achieve the goals of this section, plans for sharing
the report and activities of grant recipients, and opportunities among grant recipients of
various programs to share effective practices with each other. The 2024 report must include
a recommendation of whether a state advisory council should be established to address the
shortage of racially and ethnically diverse teachers and what the composition and charge
of such an advisory council would be if established. The board must consult with the Indian
Affairs Council and other ethnic councils along with other community partners, including
students of color and American Indian students, in developing the report. By November 3
of each odd-numbered year, the board must submit the report to the chairs and ranking
minority members of the legislative committees with jurisdiction over education and higher
education policy and finance. The report must be available to the public on the board's
website.
 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 [120B.25] CURRICULUM POLICY.
 new text end

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

Sec. 7.

Minnesota Statutes 2022, section 121A.031, subdivision 6, is amended to read:


Subd. 6.

State model policy.

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

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

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

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

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

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

(1) periodically reviewing district and school programs and policies for compliance with
this section;

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

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

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

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

Sec. 8.

Minnesota Statutes 2022, section 122A.181, subdivision 5, is amended to read:


Subd. 5.

Limitations on license.

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

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

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

Sec. 9.

Minnesota Statutes 2022, section 122A.183, subdivision 2, is amended to read:


Subd. 2.

Coursework.

A candidate for a Tier 3 license must meet the coursework
requirement by demonstrating one of the following:

(1) completion of a Minnesota-approved teacher preparation program;

(2) completion of a state-approved teacher preparation program that includes field-specific
student teaching equivalent to field-specific student teaching in Minnesota-approved teacher
preparation programs. The field-specific student teaching requirement does not apply to a
candidate that has two years of teaching experience;

(3) submission of a content-specific licensure portfolio;new text begin or
new text end

(4) a professional teaching license from another state, evidence that the candidate's
license is in good standing, and two years of teaching experiencedeleted text begin ; ordeleted text end new text begin .
new text end

deleted text begin (5) three years of teaching experience under a Tier 2 license and evidence of summative
teacher evaluations that did not result in placing or otherwise keeping the teacher on an
improvement process pursuant to section 122A.40, subdivision 8, or section 122A.41,
subdivision 5.
 deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all licenses issued after July 1, 2023.
All Tier 2 license holders as of June 30, 2023, may continue to apply their years of teaching
experience to obtain their Tier 3 license through June 30, 2026.
 new text end

Sec. 10.

Minnesota Statutes 2022, section 122A.185, subdivision 1, is amended to read:


Subdivision 1.

Tests.

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

deleted text begin (b)deleted text end new text begin (a)new text end The board must adoptnew text begin and revisenew text end rules requiring deleted text begin candidatesdeleted text end new text begin applicantsnew text end for Tier 3
and Tier 4 licenses to pass an examinationnew text begin or assessmentnew text end of general pedagogical knowledge
and examinationsnew text begin or assessmentsnew text end of licensure field specific content.new text begin An applicant is exempt
from the examination requirements if: (1) the applicant completed a board-approved teacher
preparation program; or (2) the applicant completed a state-approved teacher preparation
program in another state and passed licensure examinations in that state.new text end The content
examination requirement does not apply if no relevant content exam exists.

deleted text begin (c) Candidatesdeleted text end new text begin (b) Applicantsnew text end for initial deleted text begin Tier 3 anddeleted text end Tier 4 licenses to teach elementary
students must pass test items assessing the deleted text begin candidates'deleted text end new text begin applicants'new text end knowledge, skill, and
ability in comprehensive, scientifically based reading instruction under section 122A.06,
subdivision 4, knowledge and understanding of the foundations of reading development,
development of reading comprehension and reading assessment and instruction, and the
ability to integrate that knowledge and understanding into instruction strategies under section
122A.06, subdivision 4.

deleted text begin (d) The requirement to pass a board-adopted reading, writing, and mathematics skills
examination does not apply to nonnative English speakers, as verified by qualified Minnesota
school district personnel or Minnesota higher education faculty, who, after meeting the
content and pedagogy requirements under this subdivision, apply for a teaching license to
provide direct instruction in their native language or world language instruction under section
120B.022, subdivision 1.
 deleted text end

Sec. 11.

Minnesota Statutes 2022, section 122A.26, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

new text begin (a) new text end A person who teaches in a community education program
deleted text begin whichdeleted text end new text begin thatnew text end qualifies for aid pursuant to section 124D.52 shall continue to meet licensure
requirements as a teacher. A person who teaches in an early childhood and family education
program deleted text begin whichdeleted text end new text begin thatnew text end is offered through a community education program and deleted text begin whichdeleted text end new text begin thatnew text end
qualifies for community education aid pursuant to section 124D.20 or early childhood and
family education aid pursuant to section 124D.135 shall continue to meet licensure
requirements as a teacher. A person who teaches in a community education course deleted text begin whichdeleted text end new text begin
thatnew text end is offered for credit for graduation to persons under 18 years of age shall continue to
meet licensure requirements as a teacher.

new text begin (b) new text end A person who teaches a driver training course deleted text begin whichdeleted text end new text begin thatnew text end is offered through a
community education program to persons under 18 years of age shall be licensed by the
Professional Educator Licensing and Standards Board or be subject to section 171.35. A
license deleted text begin whichdeleted text end new text begin thatnew text end is required for an instructor in a community education program pursuant
to this deleted text begin subdivisiondeleted text end new text begin paragraphnew text end shall not be construed to bring an individual within the
definition of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41,
subdivision 1, deleted text begin clausedeleted text end new text begin paragraphnew text end (a).

Sec. 12.

Minnesota Statutes 2022, section 122A.40, subdivision 5, is amended to read:


Subd. 5.

Probationary period.

(a) The first three consecutive years of a teacher's first
teaching experience in Minnesota in a single district is deemed to be a probationary period
of employment, and, the probationary period in each district in which the teacher is thereafter
employed shall be one year. The school board must adopt a plan for written evaluation of
teachers during the probationary period that is consistent with subdivision 8. Evaluation
must occur at least three times periodically throughout each school year for a teacher
performing services during that school year; the first evaluation must occur within the first
90 days of teaching service. Days devoted to parent-teacher conferences, teachers' workshops,
and other staff development opportunities and days on which a teacher is absent from school
must not be included in determining the number of school days on which a teacher performs
services. Except as otherwise provided in paragraph (b), during the probationary period any
annual contract with any teacher may or may not be renewed as the school board shall see
fit. However, the board must give any such teacher whose contract it declines to renew for
the following school year written notice to that effect before July 1. If the teacher requests
reasons for any nonrenewal of a teaching contract, the board must give the teacher its reason
in writing, including a statement that appropriate supervision was furnished describing the
nature and the extent of such supervision furnished the teacher during the employment by
the board, within ten days after receiving such request. The school board may, after a hearing
held upon due notice, discharge a teacher during the probationary period for cause, effective
immediately, under section 122A.44.

(b) A board must discharge a probationary 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 child abuse or sexual abuse.

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code,
title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
of paragraph (a).

(d) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(e) A probationary teacher must complete at least deleted text begin 120deleted text end new text begin 90new text end days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is absent
from school do not count as days of teaching service under this paragraph.

Sec. 13.

Minnesota Statutes 2022, section 122A.40, subdivision 8, is amended to read:


Subd. 8.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 14.

Minnesota Statutes 2022, section 122A.41, subdivision 2, is amended to read:


Subd. 2.

Probationary period; discharge or demotion.

(a) deleted text begin All teachers in the public
schools in cities of the first class during the first three years of consecutive employment
shall be deemed to be in a probationary period of employment during which period any
annual contract with any teacher may, or may not, be renewed as the school board, after
consulting with the peer review committee charged with evaluating the probationary teachers
under subdivision 3, shall see fit.deleted text end new text begin The first three consecutive years of a teacher's first teaching
experience in Minnesota in a single district is deemed to be a probationary period of
employment, and the probationary period in each district in which the teacher is thereafter
employed shall be one year.new text end The school site management team or the school board if there
is no school site management team, shall adopt a plan for a written evaluation of teachers
during the probationary period according to subdivisions 3 and 5. Evaluation by the peer
review committee charged with evaluating probationary teachers under subdivision 3 shall
occur at least three times periodically throughout each school year for a teacher performing
services during that school year; the first evaluation must occur within the first 90 days of
teaching service. Days devoted to parent-teacher conferences, teachers' workshops, and
other staff development opportunities and days on which a teacher is absent from school
shall not be included in determining the number of school days on which a teacher performs
services. The school board may, during such probationary period, discharge or demote a
teacher for any of the causes as specified in this code. A written statement of the cause of
such discharge or demotion shall be given to the teacher by the school board at least 30
days before such removal or demotion shall become effective, and the teacher so notified
shall have no right of appeal therefrom.

(b) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code,
title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
of paragraph (a).

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(d) A probationary teacher must complete at least deleted text begin 120deleted text end new text begin 90new text end days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is absent
from school do not count as days of teaching service under this paragraph.

Sec. 15.

Minnesota Statutes 2022, section 122A.41, subdivision 5, is amended to read:


Subd. 5.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 16.

Minnesota Statutes 2022, section 123B.147, subdivision 3, is amended to read:


Subd. 3.

Duties; evaluation.

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

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

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

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
 new text end

Sec. 17.

Minnesota Statutes 2022, 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.
deleted text begin Plan components may include: innovative and integrated prekindergarten through grade 12
learning environments that offer students school enrollment choices; family engagement
initiatives that involve families in their students' academic life and success; professional
development opportunities for teachers and administrators focused on improving the academic
achievement of all students, including teachers and administrators who are members of
populations underrepresented among the licensed teachers or administrators in the district
or school and who reflect the diversity of students under section 120B.35, subdivision 3,
paragraph (b), clause (2), who are enrolled in the district or school; increased programmatic
opportunities and effective and more diverse instructors focused on rigor and college and
career readiness for underserved students, including students enrolled in alternative learning
centers under section 123A.05, public alternative programs under section 126C.05,
subdivision 15, and contract alternative programs under section 124D.69, among other
underserved students; or recruitment and retention of teachers and administrators with
diverse racial and ethnic backgrounds.
deleted text end

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

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

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

new text begin (c) The plan must include strategies to 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.
 new text end

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

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

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

new text begin (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;
 new text end

new text begin (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;
 new text end

new text begin (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;
 new text end

new text begin (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;
 new text end

new text begin (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 end

new text begin (8) ethnic studies curriculum as defined in section 120B.11, subdivision 1, to provide
all students with opportunities to learn about their own and others' cultures and historical
experiences; or
 new text end

new text begin (9) 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.
 new text end

deleted text begin (b)deleted text end new text begin (e)new text end Among other requirements, an eligible district must implement effective,
research-based interventions that include deleted text begin formativedeleted text end new text begin multiple measures ofnew text end assessment deleted text begin practicesdeleted text end new text begin
and engagement in ordernew text end to deleted text begin reduce thedeleted text end new text begin eliminate academicnew text end disparities deleted text begin in student academic
performance among the specific categories of students as measured by student progress and
growth on state reading and math assessments anddeleted text end new text begin for students impacted by racial, gender,
linguistic, and economic inequitiesnew text end as aligned with section 120B.11.

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

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 7

STUDENTS WITH DISABILITIES AND STUDENTS IN NEED OF SPECIAL
EDUCATION SERVICES

Section 1.

Minnesota Statutes 2022, section 121A.17, subdivision 3, is amended to read:


Subd. 3.

Screening program.

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

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

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

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

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

Sec. 2.

Minnesota Statutes 2022, section 125A.15, is amended to read:


125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.

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

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

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

(c) When a child is temporarily placed for care and treatment in a day program located
in another district and the child continues to live within the district of residence during the
care and treatment, the district of residence is responsible for providing transportation to
and from the care and treatment program and an appropriate educational program for the
child. The resident district may establish reasonable restrictions on transportation, except
if a Minnesota court or agency orders the child placed at a day care and treatment program
and the resident district receives a copy of the order, then the resident district must provide
transportation to and from the program unless the court or agency orders otherwise.
Transportation shall only be provided by the resident district during regular operating hours
of the resident district. The resident district may provide the educational program at a school
within the district of residence, at the child's residence, or in the district in which the day
treatment center is located by paying tuition to that district.new text begin If a child's district of residence,
district of open enrollment under section 124D.03, or charter school of enrollment under
section 124E.11 is authorized to provide online learning instruction under state statutes, the
child's district of residence may utilize that state-approved online learning program in
fulfilling its educational program responsibility under this section if the child, or the child's
parent or guardian for a pupil under the age of 18, agrees to that form of instruction.
new text end

(d) When a child is temporarily placed in a residential program for care and treatment,
the nonresident district in which the child is placed is responsible for providing an appropriate
educational program for the child and necessary transportation while the child is attending
the educational program; and must bill the district of the child's residence for the actual cost
of providing the program, as outlined in section 125A.11, except as provided in paragraph
(e). However, the board, lodging, and treatment costs incurred in behalf of a child with a
disability placed outside of the school district of residence by the commissioner of human
services or the commissioner of corrections or their agents, for reasons other than providing
for the child's special educational needs must not become the responsibility of either the
district providing the instruction or the district of the child's residence. For the purposes of
this section, the state correctional facilities operated on a fee-for-service basis are considered
to be residential programs for care and treatment.new text begin If a child's district of residence, district
of open enrollment under section 124D.03, or charter school of enrollment under section
124E.11 is authorized to provide online learning instruction under state statutes, the
nonresident district may utilize that state-approved online learning program in fulfilling its
educational program responsibility under this section if the child, or the child's parent or
guardian for a pupil under the age of 18, agrees to that form of instruction.
new text end

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

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

Sec. 3.

Minnesota Statutes 2022, section 125A.51, is amended to read:


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

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

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

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

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

(d) When a pupil without a disability is temporarily placed for care and treatment in a
day program and the pupil continues to live within the district of residence during the care
and treatment, the district of residence must provide instruction and necessary transportation
to and from the care and treatment program for the pupil. The resident district may establish
reasonable restrictions on transportation, except if a Minnesota court or agency orders the
child placed at a day care and treatment program and the resident district receives a copy
of the order, then the resident district must provide transportation to and from the program
unless the court or agency orders otherwise. Transportation shall only be provided by the
resident district during regular operating hours of the resident district. The resident district
may provide the instruction at a school within the district of residencedeleted text begin ,deleted text end new text begin ;new text end at the pupil's
residencedeleted text begin ,deleted text end new text begin ; through an authorized online learning program provided by the pupil's resident
district, district of open enrollment under section 124D.03, or charter school of enrollment
under section 124E.11 if the child, or the child's parent or guardian for a pupil under the
age of 18, agrees to that form of instruction;new text end ornew text begin ,new text end in the case of a placement outside of the
resident district, in the district in which the day treatment program is located by paying
tuition to that district. The district of placement may contract with a facility to provide
instruction by teachers licensed by the Professional Educator Licensing and Standards
Board.

(e) When a pupil without a disability is temporarily placed in a residential program for
care and treatment, the district in which the pupil is placed must provide instruction for the
pupil and necessary transportation while the pupil is receiving instruction, and in the case
of a placement outside of the district of residence, the nonresident district must bill the
district of residence for the actual cost of providing the instruction for the regular school
year and for summer school, excluding transportation costs.new text begin If a pupil's district of residence,
district of open enrollment under section 124D.03, or charter school of enrollment under
section 124E.11 is authorized to provide online learning instruction under state statutes, the
district in which the pupil is placed may utilize that state-approved online learning program
in fulfilling its responsibility to provide instruction under this section if the child, or the
child's parent or guardian for a pupil under the age of 18, agrees to that form of instruction.
new text end

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

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

Sec. 4.

Minnesota Statutes 2022, section 125A.515, subdivision 3, is amended to read:


Subd. 3.

Responsibilities for providing education.

(a) The district in which the children's
residential facility is located must provide education services, including special education
if eligible, to all students placed in a facility.new text begin If a child's district of residence, district of open
enrollment under section 124D.03, or charter school of enrollment under section 124E.11
is authorized to provide online learning instruction under state statutes, the district in which
the children's residential facility is located may utilize that state-approved online learning
program in fulfilling its education services responsibility under this section if the child, or
the child's parent or guardian for a pupil under the age of 18, agrees to that form of
instruction.
new text end

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

ARTICLE 8

EARLY CHILDHOOD AND EARLY LEARNING

Section 1.

Minnesota Statutes 2022, section 124D.03, subdivision 5a, is amended to read:


Subd. 5a.

Lotteries.

If a school district has more applications than available seats at a
specific grade level, it must hold an impartial lottery following the January 15 deadline to
determine which students will receive seats. The district must give priority to enrolling
siblings of currently enrolled students, new text begin students seeking enrollment into kindergarten who
were open enrolled in voluntary prekindergarten or school readiness plus programs in the
district, new text end students whose applications are related to an approved integration and achievement
plan,new text begin andnew text end children of the school district's staffdeleted text begin , and students residing in that part of a
municipality, defined under section 469.1812, subdivision 3, where:deleted text end new text begin .
new text end

deleted text begin (1) the student's resident district does not operate a school building;
 deleted text end

deleted text begin (2) the municipality is located partially or fully within the boundaries of at least five
school districts;
 deleted text end

deleted text begin (3) the nonresident district in which the student seeks to enroll operates one or more
school buildings within the municipality; and
 deleted text end

deleted text begin (4) no other nonresident, independent, special, or common school district operates a
school building within the municipality.
 deleted text end

The process for the school district lottery must be established in school district policy,
approved by the school board, and posted on the school district's website.

Sec. 2.

Minnesota Statutes 2022, section 124D.03, subdivision 12, is amended to read:


Subd. 12.

Termination of enrollment.

A district may terminate the enrollment of a
nonresident student enrolled under this section or section 124D.08 at the end of a school
year if the student meets the definition of a habitual truant under section 260C.007,
subdivision 19, the student has been provided appropriate services under chapter 260A, and
the student's case has been referred to juvenile court. A district may also terminate the
enrollment of a nonresident student over the age of 17 enrolled under this section if the
student is absent without lawful excuse for one or more periods on 15 school days and has
not lawfully withdrawn from school under section 120A.22, subdivision 8.new text begin Starting in the
2023-2024 school year, a district may terminate the enrollment of a nonresident preschool
student under this section or section 125A.13 when the student meets age eligibility
requirements for kindergarten or reaches age five by September 1.
new text end

Sec. 3.

Minnesota Statutes 2022, section 124D.141, subdivision 2, is amended to read:


Subd. 2.

Additional duties.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 4.

Minnesota Statutes 2022, section 124D.165, subdivision 2, is amended to read:


Subd. 2.

Family eligibility.

(a) For a family to receive an early learning scholarship,
parents or guardians must new text begin have an eligible child and new text end meetnew text begin at least one ofnew text end the following
deleted text begin eligibilitydeleted text end requirements:

deleted text begin (1) have an eligible child; and
 deleted text end

deleted text begin (2)deleted text end new text begin (1)new text end have income equal to or less than deleted text begin 185deleted text end new text begin 200new text end percent of federal poverty level income
in the current calendar yeardeleted text begin , ordeleted text end new text begin ;
new text end

new text begin (2)new text end be able to document their child's current participation in the free and reduced-price
deleted text begin lunchdeleted text end new text begin mealnew text end program or Child and Adult Care Food Program, National School Lunch Act,
United States Code, title 42, sections 1751 and 1766; the Food Distribution Program on
Indian Reservations, Food and Nutrition Act, United States Code, title 7, sections 2011-2036;
Head Start under the federal Improving Head Start for School Readiness Act of 2007;
Minnesota family investment program under chapter 256J; child care assistance programs
under chapter 119B; the supplemental nutrition assistance program; or deleted text begin placement
deleted text end

new text begin (3) have a child referred as in need of child protection services or placednew text end in foster care
under section 260C.212.

(b) An "eligible child" means a child who has not yet enrolled in kindergarten and isdeleted text begin :
deleted text end

deleted text begin (1) at least three butdeleted text end not yet five years of age on September 1 of the current school yeardeleted text begin ;deleted text end new text begin .
new text end

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

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

deleted text begin (4) homeless, in foster care, or in need of child protective services.
 deleted text end

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

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

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

Sec. 5.

Minnesota Statutes 2022, section 124D.165, subdivision 3, is amended to read:


Subd. 3.

Administration.

(a) The commissioner shall establish application timelines
and determine the schedule for awarding scholarships that meets operational needs of eligible
families and programs. The commissioner must give highest priority to applications from
children who:

new text begin (1) are not yet four years of age;
 new text end

deleted text begin (1)deleted text end new text begin (2)new text end have a parent under age 21 who is pursuing a high school diploma or a course of
study for a high school equivalency test;

deleted text begin (2)deleted text end new text begin (3)new text end are in foster care deleted text begin or otherwisedeleted text end new text begin ;
new text end

new text begin (4) have been referred asnew text end in need of new text begin child new text end protection deleted text begin ordeleted text end services; deleted text begin or
deleted text end

new text begin (5) have an incarcerated parent; or
 new text end

deleted text begin (3)deleted text end new text begin (6)new text end have experienced homelessness in the last 24 months, as defined under the federal
McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 11434a.

new text begin (b) new text end The commissioner may prioritize applications on additional factors including family
income, geographic location, and whether the child's family is on a waiting list for a publicly
funded program providing early education or child care services.

deleted text begin (b)deleted text end new text begin (c)new text end The commissioner shall establish a target for the average scholarship amount per
child based on the results of the rate survey conducted under section 119B.02.

deleted text begin (c)deleted text end new text begin (d)new text end A four-star rated program that has children eligible for a scholarship enrolled in
or on a waiting list for a program beginning in July, August, or September may notify the
commissioner, in the form and manner prescribed by the commissioner, each year of the
program's desire to enhance program services or to serve more children than current funding
provides. The commissioner may designate a predetermined number of scholarship slots
for that program and notify the program of that number. For fiscal year 2018 and later, the
statewide amount of funding directly designated by the commissioner must not exceed the
funding directly designated for fiscal year 2017. Beginning July 1, 2016, a school district
or Head Start program qualifying under this paragraph may use its established registration
process to enroll scholarship recipients and may verify a scholarship recipient's family
income in the same manner as for other program participants.

deleted text begin (d)deleted text end new text begin (e)new text end A scholarship is awarded for a 12-month period. If the scholarship recipient has
not been accepted and subsequently enrolled in a rated program within deleted text begin tendeleted text end new text begin threenew text end months of
the awarding of the scholarship, the scholarship cancels and the recipient must reapply in
order to be eligible for another scholarship.new text begin An extension can be requested if a program is
unavailable for the child within the three-month timeline.new text end A child may not be awarded more
than one scholarship in a 12-month period.

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

deleted text begin (f)deleted text end new text begin (g)new text end For fiscal year 2017 and later, a school district or Head Start program enrolling
scholarship recipients under paragraph (c) may apply to the commissioner, in the form and
manner prescribed by the commissioner, for direct payment of state aid. Upon receipt of
the application, the commissioner must pay each program directly for each approved
scholarship recipient enrolled under paragraph (c) according to the metered payment system
or another schedule established by the commissioner.

Sec. 6.

Minnesota Statutes 2022, section 125A.13, is amended to read:


125A.13 SCHOOL OF PARENTS' CHOICE.

(a) Nothing in this chapter must be construed as preventing parents of a child with a
disability from sending the child to a school of their choice, if they so elect, subject to
admission standards and policies adopted according to sections 125A.62 to 125A.64 and
125A.66 to 125A.73, and all other provisions of chapters 120A to 129C.

(b) The parent of a student with a disability not yet enrolled in kindergarten and not open
enrolled in a nonresident district may deleted text begin request that the resident district enter into a tuition
agreement withdeleted text end new text begin elect a school innew text end the nonresident district deleted text begin if:
deleted text end

deleted text begin (1)deleted text end new text begin wherenew text end the child is enrolled in a Head Start program or a licensed child care setting
in the nonresident districtdeleted text begin ; anddeleted text end new text begin , provided
new text end

deleted text begin (2)deleted text end the child can be served in the same setting as other children in the nonresident district
with the same level of disability.

APPENDIX

Repealed Minnesota Statutes: S1311-1

120B.02 EDUCATIONAL EXPECTATIONS AND GRADUATION REQUIREMENTS FOR MINNESOTA'S STUDENTS.

Subd. 3.

Required knowledge and understanding of civics.

(a) For purposes of this subdivision, "civics test questions" means 50 of the 100 questions that, as of January 1, 2015, United States Citizenship and Immigration Services officers use to select the questions they pose to applicants for naturalization so the applicants can demonstrate their knowledge and understanding of the fundamentals of United States history and government, as required by United States Code, title 8, section 1423. The Learning Law and Democracy Foundation, in consultation with Minnesota civics teachers, must select by July 1 each year 50 of the 100 questions under this paragraph to serve as the state's civics test questions for the proximate school year and immediately transmit the 50 selected civics test questions to the department and to the Legislative Coordinating Commission, which must post the 50 questions it receives on the Minnesota's Legacy website by August 1 of that year.

(b) A student enrolled in a public school must correctly answer at least 30 of the 50 civics test questions. A school or district may record on a student's transcript that the student answered at least 30 of 50 civics test questions correctly. A school or district may exempt a student with disabilities from this requirement if the student's individualized education program team determines the requirement is inappropriate and establishes an alternative requirement. A school or district may administer the civics test questions in a language other than English to students who qualify for English learner services.

(c) Schools and districts may administer civics test questions as part of the social studies curriculum. A district must not prevent a student from graduating or deny a student a high school diploma for failing to correctly answer at least 30 of 50 civics test questions.

(d) The commissioner and public schools and school districts must not charge students any fees related to this subdivision.

120B.35 STUDENT ACADEMIC ACHIEVEMENT AND GROWTH.

Subd. 5.

Improving graduation rates for students with emotional or behavioral disorders.

(a) A district must develop strategies in conjunction with parents of students with emotional or behavioral disorders and the county board responsible for implementing sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in school, when the district has a drop-out rate for students with an emotional or behavioral disorder in grades 9 through 12 exceeding 25 percent.

(b) A district must develop a plan in conjunction with parents of students with emotional or behavioral disorders and the local mental health authority to increase the graduation rates of students with emotional or behavioral disorders. A district with a drop-out rate for children with an emotional or behavioral disturbance in grades 9 through 12 that is in the top 25 percent of all districts shall submit a plan for review and oversight to the commissioner.

124D.095 ONLINE LEARNING OPTION.

Subdivision 1.

Citation.

This section may be cited as the "Online Learning Option Act."

Subd. 2.

Definitions.

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

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

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

(c) "Online learning" is a form of digital learning delivered by an approved online learning provider under paragraph (d).

(d) "Online learning provider" is a school district, an intermediate school district, an organization of two or more school districts operating under a joint powers agreement, or a charter school located in Minnesota that provides online learning to students and is approved by the department to provide online learning courses.

(e) "Student" is a Minnesota resident enrolled in a school under section 120A.22, subdivision 4, in kindergarten through grade 12.

(f) "Online learning student" is a student enrolled in an online learning course or program delivered by an online learning provider under paragraph (d).

(g) "Enrolling district" means the school district or charter school in which a student is enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance.

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

(i) "Full-time online learning provider" means an enrolling school authorized by the department to deliver comprehensive public education at any or all of the elementary, middle, or high school levels.

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

Subd. 3.

Authorization; notice; limitations on enrollment.

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

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

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

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

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

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

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

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

Subd. 4.

Online learning parameters.

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

(b) An online learning student may:

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

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

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

(c) An online learning student has the same access to the computer hardware and education software available in a school as all other students in the enrolling district. An online learning provider must assist an online learning student whose family qualifies for the education tax credit under section 290.0674 to acquire computer hardware and educational software for online learning purposes.

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

(e) Both full-time and supplemental online learning providers are subject to the reporting requirements and review criteria under subdivision 7. A teacher holding a Minnesota license must assemble and deliver instruction to online learning students. The delivery of instruction occurs when the student interacts with the computer or the teacher and receives ongoing assistance and assessment of learning. The instruction may include curriculum developed by persons other than a teacher holding a Minnesota license. Unless the commissioner grants a waiver, a teacher providing online learning instruction must not instruct more than 40 students in any one online learning course or program.

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

Subd. 5.

Participation in extracurricular activities.

An online learning student may participate in the extracurricular activities of the enrolling district on the same basis as other enrolled students.

Subd. 6.

Information.

School districts and charter schools must make available information about online learning to all interested people.

Subd. 7.

Department of Education.

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

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

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

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

(e) The department must develop, publish, and maintain a list of online learning providers that it has reviewed and approved.

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

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

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

Subd. 8.

Financial arrangements.

(a) For a student enrolled in an online learning course, the department must calculate average daily membership and make payments according to this subdivision.

(b) The initial online learning average daily membership equals 1/12 for each semester course or a proportionate amount for courses of different lengths. The adjusted online learning average daily membership equals the initial online learning average daily membership times .88.

(c) No online learning average daily membership shall be generated if: (1) the student does not complete the online learning course, or (2) the student is enrolled in online learning provided by the enrolling district.

(d) Online learning average daily membership under this subdivision for a student currently enrolled in a Minnesota public school shall be used only for computing average daily membership according to section 126C.05, subdivision 19, paragraph (a), clause (2), and for computing online learning aid according to section 124D.096.