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Minnesota Legislature

Office of the Revisor of Statutes

SF 2116

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 04:50pm

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

Current Version - as introduced

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A bill for an act
relating to education; making certain policy changes for prekindergarten through
grade 12 education including general education, education excellence, nutrition,
and facilities; requiring reports; amending Minnesota Statutes 2018, sections 5A.03,
subdivision 2; 120A.22, subdivision 7; 121A.335, subdivisions 3, 5; 121A.41, by
adding subdivisions; 121A.45, subdivision 1; 121A.46, by adding subdivisions;
121A.47, subdivisions 2, 14, by adding a subdivision; 121A.53, subdivision 1;
121A.55; 123B.49, subdivision 4; 123B.571, subdivisions 1, 3, by adding a
subdivision; 124D.09, subdivision 3; 124D.111, subdivision 4, by adding a
subdivision; 124D.165, subdivision 2; 124D.34, subdivisions 2, 3, 4, 5, 8, 12;
124D.78, subdivision 2; 124E.13, subdivision 3; 127A.052; 471.345, subdivision
1; 626.556, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 121A; repealing Minnesota Statutes 2018, sections 127A.051, subdivision
7; 127A.14.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2018, section 123B.49, subdivision 4, is amended to read:


Subd. 4.

Board control of extracurricular activities.

(a) The board deleted text beginmaydeleted text endnew text begin mustnew text end take
charge of and control all extracurricular activities of the teachers and children of the public
schools in the district. Extracurricular activities means all direct and personal services for
pupils for their enjoyment that are managed and operated under the guidance of an adult or
staff member. The board shall allow all resident pupils receiving instruction in a home
school as defined in section 123B.36, subdivision 1, paragraph (a), to be eligible to fully
participate in extracurricular activities on the same basis as public school students.

(b) Extracurricular activities have all of the following characteristics:

(1) they are not offered for school credit nor required for graduation;

(2) they are generally conducted outside school hours, or if partly during school hours,
at times agreed by the participants, and approved by school authorities;

(3) the content of the activities is determined primarily by the pupil participants under
the guidance of a staff member or other adult.

deleted text begin (c) If the board does not take charge of and control extracurricular activities, these
activities shall be self-sustaining with all expenses, except direct salary costs and indirect
costs of the use of school facilities, met by dues, admissions, or other student fund-raising
events. The general fund must reflect only those salaries directly related to and readily
identified with the activity and paid by public funds. Other revenues and expenditures for
extra curricular activities must be recorded according to the Manual for Activity Fund
Accounting. Extracurricular activities not under board control must have an annual financial
audit and must also be audited annually for compliance with this section.
deleted text end

deleted text begin (d) If the board takes charge of and controls extracurricular activities,deleted text endnew text begin (c)new text end Any or all
costs of these activities may be provided from school revenues and all revenues and
expenditures for these activities shall be recorded in the same manner as other revenues and
expenditures of the district.

deleted text begin (e) If the board takes charge of and controls extracurricular activities,deleted text endnew text begin (d)new text end The teachers
or pupils in the district must not participate in such activity, nor shall the school name or
any allied name be used in connection therewith, except by consent and direction of the
board.

new text begin (e) A school district must reserve revenue raised for extracurricular activities and spend
the revenue only for extracurricular activities.
new text end

Sec. 2.

Minnesota Statutes 2018, section 127A.052, is amended to read:


127A.052 SCHOOL SAFETY TECHNICAL ASSISTANCE CENTER.

(a) The commissioner shall establish a school safety technical assistance center at the
department to help districts and schools under section 121A.031 provide a safe and supportive
learning environment and foster academic achievement for all students by focusing on
prevention, intervention, support, and recovery efforts to develop and maintain safe and
supportive schools. The center must work collaboratively with implicated state agencies
identified by the center and schools, communities, and interested individuals and
organizations to determine how to best use available resources.

(b) The center's services shall include:

(1) evidence-based policy review, development, and dissemination;

(2) single, point-of-contact services designed for schools, parents, and students seeking
information or other help;

(3) qualitative and quantitative data gathering, interpretation, and dissemination of
summary data for existing reporting systems and student surveys and the identification and
pursuit of emerging trends and issues;

(4) assistance to districts and schools in using Minnesota student survey results to inform
intervention and prevention programs;

(5) education and skill building;

(6) multisector and multiagency planning and advisory activities incorporating best
practices and research; and

(7) administrative and financial support for school and district planning, schools
recovering from incidents of violence, and school and district violence prevention education.

(c) The center shall:

(1) compile and make available to all districts and schools evidence-based elements and
resources to develop and maintain safe and supportive schools;

(2) establish and maintain a central repository for collecting and analyzing information
about prohibited conduct under section 121A.031, including, but not limited to:

(i) training materials on strategies and techniques to prevent and appropriately address
prohibited conduct under section 121A.031;

(ii) model programming;

(iii) remedial responses consistent with section 121A.031, subdivision 2, paragraph (i);
and

(iv) other resources for improving the school climate and preventing prohibited conduct
under section 121A.031;

(3) assist districts and schools to develop strategies and techniques for effectively
communicating with and engaging parents in efforts to protect and deter students from
prohibited conduct under section 121A.031; and

(4) solicit input from social media experts on implementing this section.

(d) The commissioner shall provide administrative services including personnel, budget,
payroll and contract services, and staff support for center activities including developing
and disseminating materials, providing seminars, and developing and maintaining a website.
Center staff shall include a center director, a data analyst coordinator, and trainers who
provide training to affected state and local organizations under a fee-for-service agreement.
The financial, administrative, and staff support the commissioner provides under this section
must be based on an annual budget and work program developed by the center and submitted
to the commissioner by the center director.

(e) School safety technical assistance center staff may consult with school safety center
staff at the Department of Public Safety in providing services under this section.

(f) The center is voluntary and advisory. The center does not have enforcement,
rulemaking, oversight, or regulatory authority.

deleted text begin (g) The center expires on June 30, 2019.
deleted 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. 3. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 127A.051, subdivision 7; and 127A.14, new text end new text begin are repealed
the day following final enactment.
new text end

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2018, section 5A.03, subdivision 2, is amended to read:


Subd. 2.

Placing Minnesota students in travel abroad programs.

(a) A school district
or charter school with enrolled students who participate in a foreign exchange or study or
other travel abroad program new text beginor whose enrolled students participate in a foreign exchange
or study or other travel abroad program
new text endunder a written agreement between the district or
charter school and the program provider must use a form developed by the Department of
Education to annually report to the department by November 1 the following data from the
previous school year:

(1) the number of Minnesota student deaths that occurred while Minnesota students were
participating in the foreign exchange or study or other travel abroad program and that resulted
from Minnesota students participating in the program;

(2) the number of Minnesota students hospitalized due to accidents and the illnesses that
occurred while Minnesota students were participating in the foreign exchange or study or
other travel abroad program and that resulted from Minnesota students participating in the
program; and

(3) the name and type of the foreign exchange or study or other travel abroad program
and the city or region where the reported death, hospitalization due to accident, or the illness
occurred.

(b) School districts and charter schools must ask but must not require enrolled eligible
students and the parents or guardians of other enrolled students who complete a foreign
exchange or study or other travel abroad program to disclose the information under paragraph
(a).

(c) When reporting the data under paragraph (a), a school district or charter school may
supplement the data with a brief explanatory statement. The Department of Education
annually must aggregate and publish the reported data on the department website in a format
that facilitates public access to the aggregated data and include links to both the United
States Department of State's Consular Information Program that informs the public of
conditions abroad that may affect students' safety and security and the publicly available
reports on sexual assaults and other criminal acts affecting students participating in a foreign
exchange or study or other travel abroad program.

(d) School districts and charter schools with enrolled students who participate in foreign
exchange or study or other travel abroad programs under a written agreement between the
district or charter school and the program provider are encouraged to adopt policies
supporting the programs and to include program standards in their policies to ensure students'
health and safety.

(e) To be eligible under this subdivision to provide a foreign exchange or study or other
travel abroad program to Minnesota students enrolled in a school district or charter school,
a program provider annually must register with the secretary of state and provide the
following information on a form developed by the secretary of state: the name, address, and
telephone number of the program provider, its chief executive officer, and the person within
the provider's organization who is primarily responsible for supervising programs within
the state; the program provider's unified business identification number, if any; whether the
program provider is exempt from federal income tax; a list of the program provider's
placements in foreign countries for the previous school year including the number of
Minnesota students placed, where Minnesota students were placed, and the length of their
placement; the terms and limits of the medical and accident insurance available to cover
participating students and the process for filing a claim; and the signatures of the program
provider's chief executive officer and the person primarily responsible for supervising
Minnesota students' placements in foreign countries. If the secretary of state determines the
registration is complete, the secretary of state shall file the registration and the program
provider is registered. Registration with the secretary of state must not be considered or
represented as an endorsement of the program provider by the secretary of state. The secretary
of state annually must publish on its website aggregated data under paragraph (c) received
from the Department of Education.

(f) Program providers, annually by August 1, must provide the data required under
paragraph (a), clauses (1) to (3), to the districts and charter schools with enrolled students
participating in the provider's program.

(g) The Department of Education must publish the information it has under paragraph
(c), but it is not responsible for any errors or omissions in the information provided to it by
a school district or charter school. A school district or charter school is not responsible for
omissions in the information provided to it by students and programs.

Sec. 2.

Minnesota Statutes 2018, 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 action new text beginor pupil withdrawal new text endunder sections
121A.40 to 121A.56. new text beginThe transmitted records must include any school threat assessment
records, including 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 3.

new text begin [121A.35] SCHOOL SAFETY ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin School safety assessment. new text end

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

new text begin Subd. 2. new text end

new text begin Policy. new text end

new text begin A school board must adopt a policy to establish safety assessment teams
to conduct school safety assessments consistent with subdivision 1. A safety assessment
policy must be consistent with district policies in section 121A.035 and with any guidance
provided by the Department of Public Safety's School Safety Center. A safety assessment
policy must include procedures for referrals to mental health centers or health care providers
for evaluation or treatment when appropriate. A safety assessment policy must require notice
to the parent or guardian of a student whose behavior is assessed under this section unless
notice to the parent or guardian is not in the minor's best interests, consistent with sections
13.02, subdivision 8, and 13.32, subdivision 2. Nothing in this subdivision shall preclude
school personnel from acting immediately to address an imminent threat. Based on
information collected, the school safety assessment team shall determine strategies to mitigate
the threat and provide intervention and assistance to those involved, as needed, including
the person making the threat as well as the target of the threat.
new text end

new text begin Subd. 3. new text end

new text begin Oversight. new text end

new text begin The superintendent of a school district must establish a committee
or individual charged with oversight of the safety assessment teams operating within the
district, which may be an existing committee established by the school board.
new text end

new text begin Subd. 4. new text end

new text begin Safety assessment teams. new text end

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

new text begin (b) A safety assessment team must:
new text end

new text begin (1) provide guidance to school staff and students regarding recognition of threatening
or unusual behavior that may represent a threat to the school, staff or students, or self, and
the members of the school to whom threatening or unusual behavior should be reported;
new text end

new text begin (2) consider whether there is sufficient information to determine whether an individual
poses a threat;
new text end

new text begin (3) implement a policy adopted by the school board under subdivision 2; and
new text end

new text begin (4) report summary data on its activities to the superintendent.
new text end

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

new text begin (d) Upon determining that a student exhibits suicidal ideation or self-harm, a school
safety assessment team must follow the district's suicide prevention policy or protocol or
refer the student to an appropriate school-linked mental health professional or other support
personnel. Access to information regarding a student exhibiting suicidal ideation or self-harm
is subject to section 13.32, subdivision 2.
new text end

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

new text begin Subd. 5. new text end

new text begin Redisclosure. new text end

new text begin (a) A safety assessment team member must not redisclose
educational records or use any record of an individual beyond the purpose for which the
disclosure was made to the safety assessment team. A school district employee who has
access to information related to a safety assessment is subject to this subdivision.
new text end

new text begin (b) Nothing in this section prohibits the disclosure of educational data as described in
section 13.32, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 4.

Minnesota Statutes 2018, 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 behavioral 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 I 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.031, subdivision 4,
paragraph (a), clause (1); 121A.575, clauses (1) and (2); 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 2019-2020 school year and later.
new text end

Sec. 5.

Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin Pupil withdrawal agreements. new text end

new text begin "Pupil withdrawal agreements" means a verbal
or written agreement between a school or district administrator and a pupil's parent or
guardian to withdraw a student from the school district to avoid expulsion or exclusion
dismissal proceedings. The duration of the withdrawal agreement may be no longer than
12 months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 6.

Minnesota Statutes 2018, 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 beginprovide alternative educational servicesdeleted text endnew text begin use nonexclusionary
disciplinary policies and practices
new text end before new text begina new text enddismissal deleted text beginproceedingsdeleted text endnew text begin proceeding or a pupil
withdrawal agreement
new 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 2019-2020 school year and later.
new text end

Sec. 7.

Minnesota Statutes 2018, section 121A.46, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Suspensions exceeding five consecutive school days. new text end

new text begin A school administrator
must ensure that when a pupil is suspended for more than five consecutive school days,
alternative education services are provided.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 8.

Minnesota Statutes 2018, section 121A.46, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Minimum education services. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 9.

Minnesota Statutes 2018, section 121A.47, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Safety assessment requirement. new text end

new text begin Prior to providing notice of expulsion or
exclusion under subdivision 2 or accepting a pupil withdrawal agreement, a school's
integrated threat assessment team must conduct a school safety assessment of the pupil
consistent with section 121A.35. The assessment must address the pupil's underlying issues
that led to the expulsion, exclusion, or pupil withdrawal agreement in order to prevent
behaviors from recurring.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 10.

Minnesota Statutes 2018, section 121A.47, subdivision 2, is amended to read:


Subd. 2.

Written notice.

Written notice of intent to take action deleted text beginshalldeleted text endnew text begin mustnew text end:

deleted text begin (a)deleted text endnew text begin (1)new text end be served upon the pupil and the pupil's parent or guardian personally or by mail;

deleted text begin (b)deleted text endnew text begin (2)new text end contain a complete statement of the facts, a list of the witnesses and a description
of their testimony;

deleted text begin (c)deleted text endnew text begin (3)new text end state the date, time, and place of the hearing;

deleted text begin (d)deleted text endnew text begin (4)new text end be accompanied by a copy of sections 121A.40 to 121A.56;

deleted text begin (e)deleted text endnew text begin (5)new text end describe deleted text beginalternative educational servicesdeleted text endnew text begin the nonexclusionary disciplinary policies
and practices
new text end accorded the pupil in an attempt to avoid the expulsion proceedings; and

deleted text begin (f)deleted text endnew text begin (6)new text end inform the pupil and parent or guardian of the right to:

deleted text begin (1)deleted text endnew text begin (i)new text end have a representative of the pupil's own choosing, including legal counsel, at the
hearing. The district deleted text beginshalldeleted text endnew 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 its websitenew text end;

deleted text begin (2)deleted text endnew text begin (ii)new text end examine the pupil's records before the hearing;

deleted text begin (3)deleted text endnew text begin (iii)new text end present evidence; and

deleted text begin (4)deleted text endnew text begin (iv)new text end confront and cross-examine witnesses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 11.

Minnesota Statutes 2018, section 121A.47, subdivision 14, is amended to read:


Subd. 14.

Admission or readmission plan.

(a) A school administrator deleted text beginshalldeleted text endnew 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 beginmay includedeleted text endnew text begin must addressnew text end measures to improve the pupil's behaviordeleted text begin,
including
deleted text endnew text begin and may includenew text end completing a character education program, consistent with section
120B.232, subdivision 1, deleted text beginanddeleted text endnew 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 one school day or less, except as provided under
federal law for a student with a disability. Each suspension action may include a readmission
plan. A readmission plan must provide, where appropriate, alternative education services,
which must not be used to extend the student's current suspension period. Consistent with
section 125A.091, subdivision 5, a readmission plan must not obligate a parent or guardian
to provide psychotropic drugs to their student as a condition of readmission. School officials
must not use the refusal of a parent or guardian to consent to the administration of
psychotropic drugs to their student or to consent to a psychiatric evaluation, screening or
examination of the student as a ground, by itself, to prohibit the student from attending class
or participating in a school-related activity, or as a basis of a charge of child abuse, child
neglect or medical or educational neglect.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 12.

Minnesota Statutes 2018, section 121A.53, subdivision 1, is amended to read:


Subdivision 1.

Exclusions and expulsions; new text beginstudent withdrawals; new text endphysical
assaults.

new text beginConsistent with subdivision 2, new text endthe school board must report through the department
electronic reporting system each exclusion or expulsion deleted text beginanddeleted text endnew text begin,new text end each physical assault of a
district employee by a deleted text beginstudentdeleted text endnew 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 assault to the commissioner
of education. This report must include a statement of deleted text beginalternative educational servicesdeleted text endnew text begin
nonexclusionary disciplinary policies and practices
new 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 beginstudent'sdeleted text endnew 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 2019-2020 school year and later.
new text end

Sec. 13.

Minnesota Statutes 2018, section 121A.55, is amended to read:


121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education shall promulgate guidelines to assist each school
board. Each school board deleted text beginshalldeleted text endnew 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 endnew text begin must include nonexclusionary disciplinary policies and practices consistent with section
121A.41, subdivision 12, and
new text end emphasize preventing dismissals through early detection of
problems deleted text beginand shalldeleted text endnew text begin. The policies mustnew text end be designed to address students' inappropriate behavior
from recurring.

new text begin (b) new text endThe policies shall recognize the continuing responsibility of the school for the
education of the pupil during the dismissal period. The new text beginschool is responsible for ensuring
that the
new text endalternative educational servicesdeleted text begin, ifdeleted text endnew text begin provided tonew text end the pupil deleted text beginwishes to take advantage
of them, must be
deleted text endnew text begin arenew text end adequate to allow the pupil to make progress deleted text begintowardsdeleted text endnew text begin towardnew text end meeting
the graduation standards adopted under section 120B.02 deleted text beginanddeleted text endnew text begin,new text end help prepare the pupil for
readmissionnew text begin, and are consistent with section 121A.46, subdivision 6new text end.

new text begin (c) For expulsion and exclusion dismissals, as well as pupil withdrawal agreements as
defined in section 121A.41, subdivision 14:
new text end

new text begin (1) the school district's continuing responsibility includes reviewing the pupil's school
work and grades on a quarterly basis to ensure the pupil is on track for readmission with
the pupil's peers. 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) if school-based mental health services are provided in the district under section
245.4889, pupils continue to be eligible for those services until they are enrolled in a new
district; and
new text end

new text begin (3) The school district must provide to the pupil's parent or guardian a list of mental
health and counseling services available to the pupil after expulsion. The list must also be
posted on the district's website.
new text end

deleted text begin (b)deleted text endnew text begin (d)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 endnew text begin (e)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 2019-2020 school year and later.
new text end

Sec. 14.

Minnesota Statutes 2018, 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 deleted text beginthe North Central Association of Colleges and Schoolsdeleted text endnew text begin
an accreditor recognized by the United States Department of Education
new text end, or a private,
residential, two-year or four-year, liberal arts, degree-granting college or university located
in Minnesota.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2018, 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 meet the following eligibility requirements:

(1) have an eligible child; and

(2) have income equal to or less than 185 percent of federal poverty level income in the
current calendar year, or be able to document their child's current participation in the free
and reduced-price lunch 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 placement
in foster care under section 260C.212.new text begin Parents or guardians are not required to provide
income verification under this clause if the child is an eligible child under paragraph (b),
clause (4) or (5).
new text end

(b) An "eligible child" means a child who has not yet enrolled in kindergarten and is:

(1) at least three but not yet five years of age on September 1 of the current school year;

(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;

(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; deleted text beginor
deleted text end

deleted text begin (4) homeless, in foster care, or in need of child protective services.
deleted text end

new text begin (4) a child in need of protective services or in foster care as defined under section
260C.007; or
new text end

new text begin (5) designated as homeless under the federal McKinney-Vento Homeless Assistance
Act, United States Code, title 42, section 11434a.
new 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. 16.

Minnesota Statutes 2018, section 124D.34, subdivision 2, is amended to read:


Subd. 2.

Creation of foundation.

There is created the Minnesota Foundation for Student
Organizations. The purpose of the foundation is to promote deleted text beginvocationaldeleted text end new text begincareer and technical
new text end student organizations and applied leadership opportunities in Minnesota public and nonpublic
schools through public-private partnerships. The foundation is a nonprofit organization.
The board of directors of the foundation and activities of the foundation are under the
direction of the commissioner of education.

Sec. 17.

Minnesota Statutes 2018, section 124D.34, subdivision 3, is amended to read:


Subd. 3.

Board of directors.

The board of directors of the Minnesota Foundation for
Student Organizations consists of:

(1) seven members appointed by the board of directors of the deleted text beginschool-to-workdeleted text end new text begincareer and
technical
new text endstudent organizations and chosen so that each represents one of the following
career areas: agriculture, family and consumer sciences, service occupations, health
occupations, marketing, business, and technical/industrial;

(2) seven members from business, industry, and labor appointed by the governor to
staggered terms and chosen so that each represents one of the following career areas:
agriculture, family and consumer sciences, service occupations, health occupations,
marketing, business, and technical/industrial;

(3) five students or alumni of deleted text beginschool-to-workdeleted text end new text begincareer and technical new text endstudent organizations
representing diverse career areas, three from secondary student organizations, and two from
postsecondary student organizations. The students or alumni shall be appointed by the
criteria and process agreed upon by the executive directors of the deleted text beginstudent-to-workdeleted text end new text begincareer
and technical
new text endorganizations; and

(4) four members from education appointed by the governor to staggered terms and
chosen so that each represents one of the following groups: school district level
administrators, secondary school administrators, middle school administrators, and
postsecondary administrators.

Executive directors of deleted text beginvocationaldeleted text end new text begincareer and technical new text endeducation student organizations
are ex officio, nonvoting members of the board.

Sec. 18.

Minnesota Statutes 2018, section 124D.34, subdivision 4, is amended to read:


Subd. 4.

Foundation programs.

The foundation shall advance applied leadership and
intracurricular deleted text beginvocationaldeleted text end new text begincareer and technical new text endlearning experiences for students. These may
include, but are not limited to:

(1) recognition programs and awards for students demonstrating excellence in applied
leadership;

(2) summer programs for student leadership, career development, applied academics,
and mentorship programs with business and industry;

(3) recognition programs for teachers, administrators, and others who make outstanding
contributions to deleted text beginschool-to-workdeleted text end new text begincareer and technical new text endprograms;

(4) outreach programs to increase the involvement of urban and suburban students;

(5) organized challenges requiring cooperation and competition for secondary and
postsecondary students;

(6) assistance and training to community teams to increase career awareness and
empowerment of youth as community leaders; and

(7) assessment and activities in order to plan for and implement continuous improvement.

To the extent possible, the foundation shall make these programs available to students
in all parts of the state.

Sec. 19.

Minnesota Statutes 2018, section 124D.34, subdivision 5, is amended to read:


Subd. 5.

Powers and duties.

The foundation may:

(1) identify and plan common goals and priorities for the various deleted text beginschool-to-workdeleted text end new text begincareer
and technical
new text endstudent organizations in Minnesota;

(2) publish brochures or booklets relating to the purposes of the foundation and collect
reasonable fees for the publications;

(3) seek and receive public and private money, grants, and in-kind services and goods
from nonstate sources for the purposes of the foundation, without complying with section
16A.013, subdivision 1;

(4) contract with consultants on behalf of the deleted text beginschool-to-workdeleted text end new text begincareer and technical new text endstudent
organizations;

(5) plan, implement, and expend money for awards and other forms of recognition for
deleted text begin school-to-workdeleted text end new text begincareer and technical new text endstudent programs; and

(6) identifying an appropriate name for the foundation.

Sec. 20.

Minnesota Statutes 2018, section 124D.34, subdivision 8, is amended to read:


Subd. 8.

Public funding.

The state shall identify and secure appropriate funding for the
basic staffing of the foundation and individual student deleted text beginschool-to-workdeleted text end new text begincareer and technical
new text end student organizations at the state level.

Sec. 21.

Minnesota Statutes 2018, section 124D.34, subdivision 12, is amended to read:


Subd. 12.

Student organizations.

Individual boards of deleted text beginvocationaldeleted text end new text begincareer and technical
new text end education student organizations shall continue their operations in accordance with section
124D.355 and applicable federal law.

Sec. 22.

Minnesota Statutes 2018, section 124D.78, subdivision 2, is amended to read:


Subd. 2.

Resolution of concurrence.

Prior to March 1, the school board or American
Indian school must submit to the department a copy of a resolution adopted by the American
Indian education parent advisory committee. The copy must be signed by the chair of the
committee and must state whether the committee concurs with the educational programs
for American Indian students offered by the school board or American Indian school. If the
committee does not concur with the educational programs, the reasons for nonconcurrence
and recommendations shall be submitted new text begindirectly to the school board new text endwith the resolution.
By resolution, the board must respond in writing within 60 days, in cases of nonconcurrence,
to each recommendation made by the committee and state its reasons for not implementing
the recommendations.

Sec. 23.

Minnesota Statutes 2018, 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. new text beginAn affiliated nonprofit building corporation may only
serve one charter school.
new text endA charter school may organize an affiliated nonprofit building
corporation 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. 24.

Minnesota Statutes 2018, section 626.556, subdivision 2, is amended to read:


Subd. 2.

Definitions.

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

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

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

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

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

(c) "Facility" means:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) "Nonmaltreatment mistake" means:

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

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

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

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

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

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

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

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

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

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

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

(2) striking a child with a closed fist;

(3) shaking a child under age three;

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

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

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

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

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

(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the child
to medical procedures that would be unnecessary if the child were not exposed to the
substances;

(10) unreasonable physical confinement or restraint not permitted under section 609.379,
including but not limited to tying, caging, or chaining; or

(11) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is not
limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Report" means any communication received by the local welfare agency, police
department, county sheriff, or agency responsible for child protection pursuant to this section
that describes neglect or physical or sexual abuse of a child and contains sufficient content
to identify the child and any person believed to be responsible for the neglect or abuse, if
known.

(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's
care, by a person who has a significant relationship to the child, as defined in section 609.341,
or by a person in a position of authority, as defined in section 609.341, subdivision 10, to
any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first
degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual
conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), deleted text beginordeleted text end
609.3451 (criminal sexual conduct in the fifth degree)new text begin, or 609.352 (solicitation of children
to engage in sexual conduct; communication of sexually explicit materials to children)
new text end.
Sexual abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Effective May 29, 2017,
sexual abuse includes all reports of known or suspected child sex trafficking involving a
child who is identified as a victim of sex trafficking. Sexual abuse includes child sex
trafficking as defined in section 609.321, subdivisions 7a and 7b. Sexual abuse includes
threatened sexual abuse which includes the status of a parent or household member who
has committed a violation which requires registration as an offender under section 243.166,
subdivision 1b, paragraph (a) or (b), or required registration under section 243.166,
subdivision 1b, paragraph (a) or (b).

(o) "Substantial child endangerment" means a person responsible for a child's care, by
act or omission, commits or attempts to commit an act against a child under their care that
constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) abandonment under section 260C.301, subdivision 2;

(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's
physical or mental health, including a growth delay, which may be referred to as failure to
thrive, that has been diagnosed by a physician and is due to parental neglect;

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(7) solicitation, inducement, and promotion of prostitution under section 609.322;

(8) criminal sexual conduct under sections 609.342 to 609.3451;

(9) solicitation of children to engage in sexual conduct under section 609.352;

(10) malicious punishment or neglect or endangerment of a child under section 609.377
or 609.378;

(11) use of a minor in sexual performance under section 617.246; or

(12) parental behavior, status, or condition which mandates that the county attorney file
a termination of parental rights petition under section 260C.503, subdivision 2.

(p) "Threatened injury" means a statement, overt act, condition, or status that represents
a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes,
but is not limited to, exposing a child to a person responsible for the child's care, as defined
in paragraph (j), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition that
constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law
of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal and
physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201,
subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law
of another jurisdiction.

A child is the subject of a report of threatened injury when the responsible social services
agency receives birth match data under paragraph (q) from the Department of Human
Services.

(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth
record or recognition of parentage identifying a child who is subject to threatened injury
under paragraph (p), the Department of Human Services shall send the data to the responsible
social services agency. The data is known as "birth match" data. Unless the responsible
social services agency has already begun an investigation or assessment of the report due
to the birth of the child or execution of the recognition of parentage and the parent's previous
history with child protection, the agency shall accept the birth match data as a report under
this section. The agency may use either a family assessment or investigation to determine
whether the child is safe. All of the provisions of this section apply. If the child is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.

(r) Persons who conduct assessments or investigations under this section shall take into
account accepted child-rearing practices of the culture in which a child participates and
accepted teacher discipline practices, which are not injurious to the child's health, welfare,
and safety.

ARTICLE 3

NUTRITION

Section 1.

Minnesota Statutes 2018, section 124D.111, subdivision 4, is amended to read:


Subd. 4.

No fees.

A participant that receives school lunch aid under this section must
make lunch available without chargenew text begin and must not deny a school lunchnew text end to deleted text beginall participatingdeleted text end
students who qualify for free or reduced-price mealsdeleted text begin. The participant must also ensure that
any reminders for payment of outstanding student meal balances do not demean or stigmatize
any child participating in the school lunch program.
deleted text endnew text begin, whether or not a student has an
outstanding balance in the student's meals account attributable to a la carte purchases or for
any other reason.
new text end

Sec. 2.

Minnesota Statutes 2018, section 124D.111, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Respectful treatment. new text end

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

new text begin (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 30 days.
new text end

ARTICLE 4

FACILITIES

Section 1.

Minnesota Statutes 2018, section 121A.335, subdivision 3, is amended to read:


Subd. 3.

Frequency of testing.

new text begin(a) new text endThe plan under subdivision 2 must include a testing
schedule for every building serving prekindergarten through grade 12 students. The schedule
must require that each building be tested at least once every five years. A school district new text beginor
charter school
new text endmust begin testing school buildings by July 1, 2018, and complete testing of
all buildings that serve students within five years.

new text begin (b) The commissioner of education must, in consultation with the commissioner of
health, establish and maintain guidelines and recommendations for reducing the hazards of
lead in school drinking water at various concentrations. A school district or charter school
that finds lead at a specific location providing cooking or drinking water within a facility
shall formulate, make publicly available, and implement a plan that is consistent with
established guidelines and recommendations to ensure that student exposure to lead is
minimized.
new text end

Sec. 2.

Minnesota Statutes 2018, section 121A.335, subdivision 5, is amended to read:


Subd. 5.

Reporting.

A school district new text beginor charter school new text endthat has tested its buildings for
the presence of lead shall make the results of the testing available to the public for review
and must notify parents of the availability of the information.new text begin If a test conducted under
subdivision 3, paragraph (a), reveals the presence of lead, the school district or charter
school must directly notify parents of the test result and any steps taken to remediate the
water source, make the water source unavailable, or otherwise reduce the hazard.
new text end

Sec. 3.

Minnesota Statutes 2018, section 123B.571, subdivision 1, is amended to read:


Subdivision 1.

Voluntary plan.

The commissioners of health and education may jointly
develop a plan to encourage school districts new text beginand charter schools new text endto accurately and efficiently
test for the presence of radon in public school buildings serving students in kindergarten
through grade 12. To the extent possible, the commissioners shall base the plan on the
standards established by the United States Environmental Protection Agency.

Sec. 4.

Minnesota Statutes 2018, section 123B.571, subdivision 3, is amended to read:


Subd. 3.

Reporting.

A school district deleted text beginthat has testeddeleted text endnew text begin or charter school must testnew text end its school
buildings for the presence of radon deleted text beginshalldeleted text endnew text begin and mustnew text end report the results of its tests to the
Department of Health in a form and manner prescribed by the commissioner of health. A
school district that has tested for the presence of radon deleted text beginshalldeleted text endnew text begin mustnew text end also report the results of
its testing at a school board meeting.

Sec. 5.

Minnesota Statutes 2018, section 123B.571, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Testing requirements new text end

new text begin Short-term tests must be conducted on school days only
between November 1 and March 31. Long-term tests must be conducted in a manner where
at least half the test duration is between November 1 and March 31. Tests must be conducted
with certified radon testing devices as listed by either the National Radon Proficiency
Program (NRPP) or the National Radon Safety Board (NRSB). Tests must test all frequently
occupied rooms, including rooms with ground contact and rooms immediately above
unoccupied spaces that are in contact with the ground, such as crawl spaces and tunnels.
Schools must conduct follow-up testing in all frequently occupied rooms that have a radon
level above 4 pCi/L and must mitigate or take corrective measures in frequently occupied
rooms that have radon above 4 pCi/L following ANSI/AARST Radon Mitigation Standards
for Schools and Large Buildings (ANSI/AARST RMS-LB). Schools must retest after
corrective measures to show radon reductions.
new text end

Sec. 6.

Minnesota Statutes 2018, section 471.345, subdivision 1, is amended to read:


Subdivision 1.

Municipality defined.

For purposes of this section, "municipality" means
a county, town, city, school districtnew text begin, charter school,new text end or other municipal corporation or political
subdivision of the state authorized by law to enter into contracts.

APPENDIX

Repealed Minnesota Statutes: 19-3561

127A.051 SCHOOL SAFETY TECHNICAL ASSISTANCE COUNCIL.

Subd. 7.

Expiration.

The council expires on June 30, 2019.

127A.14 COMMISSIONER PURCHASE OF ANNUITY FOR EMPLOYEES.

Subdivision 1.

Purchase of annuity contract; allocation of portion of employee compensation.

At the request of an employee, the commissioner of education may negotiate and purchase an individual annuity contract from a company licensed to do business in the state of Minnesota for an employee for retirement or other purposes and may allocate a portion of the compensation otherwise payable to the employee as salary for the purpose of paying the entire premium due or to become due under such contract. The allocation shall be made in a manner which will qualify the annuity premiums, or a portion thereof, for the benefit afforded under section 403(b) of the current federal Internal Revenue Code or any equivalent provision of subsequent federal income tax law. The employee shall own such contract and the employee's rights thereunder shall be nonforfeitable except for failure to pay premiums.

Subd. 2.

Annuity account; appropriation.

All amounts so allocated shall be deposited in an annuity account which is hereby established in the state treasury. There is annually appropriated from the annuity account in the state treasury to the commissioner of education all moneys deposited therein for the payment of annuity premiums when due or for other application in accordance with the salary agreement entered into between the employee and the commissioner of education. The moneys in the annuity account in the state treasury are not subject to the budget, allotment, and incumbrance system provided for in chapter 16A and any act amendatory thereof.