1.1 	A bill for an act
1.2 	relating to education; modifying provisions for prekindergarten through grade 12 
1.3 	including general education, education excellence, inclusive and welcoming 
1.4 	schools, health and wellness, teachers, charter schools, nutrition and libraries, early 
1.5 	childhood, career and technical education, postsecondary enrollment options, and 
1.6 	graduation; making administrative updates and technical corrections; requiring 
1.7 	reports;amending Minnesota Statutes 2020, sections 13.32, subdivision 3; 120A.22, 
1.8 	subdivisions 7, 9; 120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 4; 
1.9 	120B.022, subdivision 1; 120B.024, subdivisions 1, 2; 120B.11, subdivisions 1, 
1.10 	2, 9; 120B.12, subdivision 2; 120B.15; 120B.30, subdivisions 1, 1a; 120B.301; 
1.11 	120B.31, subdivision 4; 120B.35, subdivision 3; 120B.36, subdivision 2; 121A.031, 
1.12 	subdivisions 5, 6; 121A.17, subdivision 3; 121A.41, subdivision 10, by adding 
1.13 	subdivisions; 121A.425; 121A.45, subdivision 1; 121A.46, subdivision 4, by 
1.14 	adding a subdivision; 121A.47, subdivisions 2, 14; 121A.53, subdivision 1; 
1.15 	121A.55; 121A.61, subdivisions 1, 3, by adding a subdivision; 122A.181, 
1.16 	subdivision 5; 122A.185, subdivision 1; 122A.40, subdivision 8; 122A.41, 
1.17 	subdivision 5; 123A.09; 123B.04, subdivision 1; 123B.147, subdivision 3; 124D.09, 
1.18 	subdivisions 3, 13; 124D.095, subdivisions 2, 3, 4, 7, by adding a subdivision; 
1.19 	124D.119; 124D.128, subdivision 1; 124D.13, subdivisions 2, 3; 124D.141, 
1.20 	subdivision 2; 124D.15, subdivision 15; 124D.151, subdivisions 2, 5; 124D.16, 
1.21 	subdivision 2; 124D.165, subdivisions 2, 3; 124D.231, subdivision 2; 124D.59, 
1.22 	subdivision 2a; 124D.73, by adding a subdivision; 124D.74, subdivisions 1, 3, 4, 
1.23 	by adding a subdivision; 124D.76; 124D.78; 124D.79, subdivision 2; 124D.791, 
1.24 	subdivision 4; 124D.81, subdivisions 1, 2a, 5, by adding a subdivision; 124D.861, 
1.25 	subdivisions 2, 3, 4; 124D.8957, subdivision 19; 124E.02; 124E.03, subdivision 
1.26 	2, by adding a subdivision; 124E.05, subdivisions 4, 7; 124E.06, subdivisions 1, 
1.27 	4, 5; 124E.11; 124E.12, subdivision 1; 124E.13, subdivisions 1, 3; 124E.16, 
1.28 	subdivision 1; 124E.25, subdivision 1a; 125A.094; 125A.0942, subdivisions 1, 2, 
1.29 	3, 4; 125A.15; 125A.51; 125A.515, subdivision 3; 125A.76, subdivision 2a; 
1.30 	126C.05, subdivision 16; 134.31, subdivisions 1, 4a; 134.32, subdivision 4; 134.34, 
1.31 	subdivision 1; 136A.055; 136A.861, subdivision 2; 144.4165; 256.962, subdivision 
1.32 	3; 256L.05, subdivision 1; Minnesota Statutes 2021 Supplement, sections 124E.05, 
1.33 	subdivision 6; 126C.05, subdivision 3; Laws 2017, First Special Session chapter 
1.34 	5, article 8, section 9, subdivision 2; proposing coding for new law in Minnesota 
1.35 	Statutes, chapters 120B; 121A; 124D; repealing Minnesota Statutes 2020, section 
1.36 	120B.35, subdivision 5.
2.1 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2 	ARTICLE 1
2.3 	GENERAL EDUCATION

2.4 	Section 1. Minnesota Statutes 2020, section 120B.018, subdivision 6, is amended to read:
2.5 		Subd. 6.Required standard. "Required standard" means (1) a statewide adopted 
2.6 	expectation for student learning in the content areas of language arts, mathematics, science, 
2.7 	social studies, physical education, and the arts, or (2) a locally adopted expectation for 
2.8 	student learning in health or the arts.

2.9 	Sec. 2. Minnesota Statutes 2020, section 120B.021, subdivision 1, is amended to read:
2.10 		Subdivision 1.Required academic standards. (a) The following subject areas are 
2.11 	required for statewide accountability:
2.12 	(1) language arts;
2.13 	(2) mathematics;
2.14 	(3) science;
2.15 	(4) social studies, including history, geography, economics, and government and 
2.16 	citizenship that includes civics consistent with section 120B.02, subdivision 3;
2.17 	(5) physical education;
2.18 	(6) health, for which locally developed academic standards apply; and
2.19 	(7) the arts, for which statewide or locally developed academic standards apply, as 
2.20 	determined by the school district. Public elementary and middle schools must offer at least 
2.21 	three and require at least two of the following four five arts areas: media arts, dance;, music;,
2.22 	theater;, and visual arts. Public high schools must offer at least three and require at least 
2.23 	one of the following five arts areas: media arts;, dance;, music;, theater;, and visual arts.
2.24 	(b) For purposes of applicable federal law, the academic standards for language arts, 
2.25 	mathematics, and science apply to all public school students, except the very few students 
2.26 	with extreme cognitive or physical impairments for whom an individualized education 
2.27 	program team has determined that the required academic standards are inappropriate. An 
2.28 	individualized education program team that makes this determination must establish 
2.29 	alternative standards.
3.1 	(c) The department must adopt the most recent SHAPE America (Society of Health and 
3.2 	Physical Educators) kindergarten through grade 12 standards and benchmarks for physical 
3.3 	education as the required physical education academic standards. The department may 
3.4 	modify and adapt the national standards to accommodate state interest. The modification 
3.5 	and adaptations must maintain the purpose and integrity of the national standards. The 
3.6 	department must make available sample assessments, which school districts may use as an 
3.7 	alternative to local assessments, to assess students' mastery of the physical education 
3.8 	standards beginning in the 2018-2019 school year.
3.9 	(d) A school district may include child sexual abuse prevention instruction in a health 
3.10 	curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention 
3.11 	instruction may include age-appropriate instruction on recognizing sexual abuse and assault, 
3.12 	boundary violations, and ways offenders groom or desensitize victims, as well as strategies 
3.13 	to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may 
3.14 	provide instruction under this paragraph in a variety of ways, including at an annual assembly 
3.15 	or classroom presentation. A school district may also provide parents information on the 
3.16 	warning signs of child sexual abuse and available resources.
3.17 	(e) District efforts to develop, implement, or improve instruction or curriculum as a 
3.18 	result of the provisions of this section must be consistent with sections 120B.10, 120B.11, 
3.19 	and 120B.20.

3.20 	Sec. 3. Minnesota Statutes 2020, section 120B.024, subdivision 1, is amended to read:
3.21 		Subdivision 1.Graduation requirements. (a) Students beginning 9th grade in the 
3.22 	2011-2012 school year and later must successfully complete the following high school level 
3.23 	credits for graduation:
3.24 	(1) four credits of language arts sufficient to satisfy all of the academic standards in 
3.25 	English language arts;
3.26 	(2) three credits of mathematics, including an algebra II credit or its equivalent, sufficient 
3.27 	to satisfy all of the academic standards in mathematics;
3.28 	(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th grade 
3.29 	standards in mathematics;
3.30 	(4) three credits of science, including at least one credit of biology, one credit of chemistry 
3.31 	or physics, and one elective credit of science. The combination of credits under this clause 
3.32 	must be sufficient to satisfy (i) all of the academic standards in either chemistry or physics 
3.33 	and (ii) all other academic standards in science;
4.1 	(5) three and one-half credits of social studies, encompassing at least United States 
4.2 	history, geography, government and citizenship, world history, and economics sufficient 
4.3 	to satisfy all of the academic standards in social studies;
4.4 	(6) one credit of the arts sufficient to satisfy all of the state or local academic standards 
4.5 	in the arts; and
4.6 	(7) a minimum of seven elective credits.
4.7 	(b) A school district is encouraged to offer a course for credit in government and 
4.8 	citizenship to 11th or 12th grade students who begin 9th grade in the 2020-2021 school year 
4.9 	and later, that satisfies the government and citizenship requirement in paragraph (a), clause 
4.10 	(5).

4.11 	Sec. 4. Minnesota Statutes 2020, section 120B.11, subdivision 9, is amended to read:
4.12 		Subd. 9.Annual evaluation. (a) The commissioner must identify effective strategies, 
4.13 	practices, and use of resources by districts and school sites in striving for the world's best 
4.14 	workforce. The commissioner must assist districts and sites throughout the state in 
4.15 	implementing these effective strategies, practices, and use of resources.
4.16 	(b) The commissioner must identify those districts in any consecutive three-year period 
4.17 	not making sufficient progress toward improving teaching and learning for all students, 
4.18 	including English learners with varied needs, consistent with section 124D.59, subdivisions 
4.19 	2 and 2a, and striving for the world's best workforce. The commissioner, in collaboration 
4.20 	with the identified district, may require the district to use up to two percent of its basic 
4.21 	general education revenue per fiscal year during the proximate three school years to 
4.22 	implement commissioner-specified strategies and practices, consistent with paragraph (a), 
4.23 	to improve and accelerate its progress in realizing its goals under this section. In 
4.24 	implementing this section, the commissioner must consider districts' budget constraints and 
4.25 	legal obligations.
4.26 	(c) The commissioner shall report by January 25 June 30 of each year to the committees 
4.27 	of the legislature having jurisdiction over kindergarten through grade 12 education the list 
4.28 	of school districts that have not submitted their report to the commissioner under subdivision 
4.29 	5 and the list of school districts not achieving their performance goals established in their 
4.30 	plan under subdivision 2.

5.1 	Sec. 5. Minnesota Statutes 2020, section 120B.12, subdivision 2, is amended to read:
5.2 		Subd. 2.Identification; report. (a) Each school district must identify before the end of 
5.3 	kindergarten, grade 1, and grade 2 all students who are not reading at grade level. Students 
5.4 	identified as not reading at grade level by the end of kindergarten, grade 1, and grade 2 must 
5.5 	be screened, in a locally determined manner, for characteristics of dyslexia.
5.6 	(b) Students in grade 3 or higher who demonstrate a reading difficulty to a classroom 
5.7 	teacher must be screened, in a locally determined manner, for characteristics of dyslexia, 
5.8 	unless a different reason for the reading difficulty has been identified.
5.9 	(c) Reading assessments in English, and in the predominant languages of district students 
5.10 	where practicable, must identify and evaluate students' areas of academic need related to 
5.11 	literacy. The district also must monitor the progress and provide reading instruction 
5.12 	appropriate to the specific needs of English learners. The district must use a locally adopted, 
5.13 	developmentally appropriate, and culturally responsive assessment and annually report 
5.14 	summary assessment results to the commissioner by July 1 April 15.
5.15 	(d) The district also must annually report to the commissioner by July 1 April 15 a 
5.16 	summary of the district's efforts to screen and identify students who demonstrate 
5.17 	characteristics of dyslexia using screening tools such as those recommended by the 
5.18 	department's dyslexia specialist. With respect to students screened or identified under 
5.19 	paragraph (a), the report must include:
5.20 	(1) a summary of the district's efforts to screen for dyslexia;
5.21 	(2) the number of students screened for that reporting year; and
5.22 	(3) the number of students demonstrating characteristics of dyslexia for that year.
5.23 	(e) A student identified under this subdivision must be provided with alternate instruction 
5.24 	under section 125A.56, subdivision 1.

5.25 	Sec. 6. Minnesota Statutes 2020, section 120B.30, subdivision 1a, is amended to read:
5.26 		Subd. 1a.Statewide and local assessments; results. (a) For purposes of this section, 
5.27 	the following definitions have the meanings given them.
5.28 	(1) "Computer-adaptive assessments" means fully adaptive assessments.
5.29 	(2) "Fully adaptive assessments" include test items that are on-grade level and items that 
5.30 	may be above or below a student's grade level.
6.1 	(3) "On-grade level" test items contain subject area content that is aligned to state 
6.2 	academic standards for the grade level of the student taking the assessment.
6.3 	(4) "Above-grade level" test items contain subject area content that is above the grade 
6.4 	level of the student taking the assessment and is considered aligned with state academic 
6.5 	standards to the extent it is aligned with content represented in state academic standards 
6.6 	above the grade level of the student taking the assessment. Notwithstanding the student's 
6.7 	grade level, administering above-grade level test items to a student does not violate the 
6.8 	requirement that state assessments must be aligned with state standards.
6.9 	(5) "Below-grade level" test items contain subject area content that is below the grade 
6.10 	level of the student taking the test and is considered aligned with state academic standards 
6.11 	to the extent it is aligned with content represented in state academic standards below the 
6.12 	student's current grade level. Notwithstanding the student's grade level, administering 
6.13 	below-grade level test items to a student does not violate the requirement that state 
6.14 	assessments must be aligned with state standards.
6.15 	(b) The commissioner must use fully adaptive mathematics and reading assessments for 
6.16 	grades 3 through 8.
6.17 	(c) (a) For purposes of conforming with existing federal educational accountability 
6.18 	requirements, the commissioner must develop and implement computer-adaptive reading 
6.19 	and mathematics assessments for grades 3 through 8, state-developed high school reading 
6.20 	and mathematics tests aligned with state academic standards, a high school writing test 
6.21 	aligned with state standards when it becomes available, and science assessments under 
6.22 	clause (2) that districts and sites must use to monitor student growth toward achieving those 
6.23 	standards. The commissioner must not develop statewide assessments for academic standards 
6.24 	in social studies, health and physical education, and the arts. The commissioner must require:
6.25 	(1) annual computer-adaptive reading and mathematics assessments in grades 3 through 
6.26 	8, and high school reading, writing, and mathematics tests; and
6.27 	(2) annual science assessments in one grade in the grades 3 through 5 span, the grades 
6.28 	6 through 8 span, and a life sciences assessment in the grades 9 through 12 span, and the 
6.29 	commissioner must not require students to achieve a passing score on high school science 
6.30 	assessments as a condition of receiving a high school diploma.
6.31 	(d) (b) The commissioner must ensure that for annual computer-adaptive assessments:
7.1 	(1) individual student performance data and achievement reports are available within 
7.2 	three school days of when students take an assessment except in a year when an assessment 
7.3 	reflects new performance standards;
7.4 	(2) growth information is available for each student from the student's first assessment 
7.5 	to each proximate assessment using a constant measurement scale;
7.6 	(3) parents, teachers, and school administrators are able to use elementary and middle 
7.7 	school student performance data to project students' secondary and postsecondary 
7.8 	achievement; and
7.9 	(4) useful diagnostic information about areas of students' academic strengths and 
7.10 	weaknesses is available to teachers and school administrators for improving student 
7.11 	instruction and indicating the specific skills and concepts that should be introduced and 
7.12 	developed for students at given performance levels, organized by strands within subject 
7.13 	areas, and aligned to state academic standards.
7.14 	(e) (c) The commissioner must ensure that all state tests administered to elementary and 
7.15 	secondary students measure students' academic knowledge and skills and not students' 
7.16 	values, attitudes, and beliefs.
7.17 	(f) (d) Reporting of state assessment results must:
7.18 	(1) provide timely, useful, and understandable information on the performance of 
7.19 	individual students, schools, school districts, and the state;
7.20 	(2) include a growth indicator of student achievement; and
7.21 	(3) determine whether students have met the state's academic standards.
7.22 	(g) (e) Consistent with applicable federal law, the commissioner must include appropriate, 
7.23 	technically sound accommodations or alternative assessments for the very few students with 
7.24 	disabilities for whom statewide assessments are inappropriate and for English learners.
7.25 	(h) (f) A school, school district, and charter school must administer statewide assessments 
7.26 	under this section, as the assessments become available, to evaluate student progress toward 
7.27 	career and college readiness in the context of the state's academic standards. A school, 
7.28 	school district, or charter school may use a student's performance on a statewide assessment 
7.29 	as one of multiple criteria to determine grade promotion or retention. A school, school 
7.30 	district, or charter school may use a high school student's performance on a statewide 
7.31 	assessment as a percentage of the student's final grade in a course, or place a student's 
7.32 	assessment score on the student's transcript.

8.1 	Sec. 7. Minnesota Statutes 2020, section 120B.301, is amended to read:
8.2 	120B.301 LIMITS ON LOCAL TESTING.
8.3 	(a) For students in grades 1 through 6, the cumulative total amount of time spent taking 
8.4 	locally adopted districtwide or schoolwide assessments must not exceed ten hours per school 
8.5 	year. For students in grades 7 through 12, the cumulative total amount of time spent taking 
8.6 	locally adopted districtwide or schoolwide assessments must not exceed 11 hours per school 
8.7 	year. For purposes of this paragraph, international baccalaureate and advanced placement 
8.8 	exams are not considered locally adopted assessments.
8.9 	(b) A district or charter school is exempt from the requirements of paragraph (a), if the 
8.10 	district or charter school, in consultation with the exclusive representative of the teachers 
8.11 	or other teachers if there is no exclusive representative of the teachers, decides to exceed a 
8.12 	time limit in paragraph (a) and includes the information in the report required under section 
8.13 	120B.11, subdivision 5.
8.14 	(c) A district or charter school, before the first day of each school year, must publish on 
8.15 	its website a comprehensive calendar of standardized tests to be administered in the district 
8.16 	or charter school during that school year. The calendar must provide the rationale for 
8.17 	administering each assessment and indicate whether the assessment is a local option or 
8.18 	required by state or federal law. The calendar must be published at least one week prior to 
8.19 	any eligible assessments being administered and no later than October 1.

8.20 	Sec. 8. Minnesota Statutes 2020, section 123B.04, subdivision 1, is amended to read:
8.21 		Subdivision 1.Definition. "Education site" means a separate facility or state-approved 
8.22 	online program. A program within a facility or within a district is an education site if the 
8.23 	school board recognizes it as a site.

8.24 	Sec. 9. Minnesota Statutes 2020, section 124D.095, subdivision 2, is amended to read:
8.25 		Subd. 2.Definitions. For purposes of this section, the following terms have the meanings 
8.26 	given them.
8.27 	(a) "Digital learning" is learning facilitated by technology that offers students an element 
8.28 	of control over the time, place, path, or pace of their learning and includes blended and 
8.29 	online learning.
8.30 	(b) "Blended learning" is a form of digital learning that occurs when a student learns 
8.31 	part time in a supervised physical setting and part time through digital delivery of instruction, 
9.1 	or a student learns in a supervised physical setting where technology is used as a primary 
9.2 	method to deliver instruction.
9.3 	(c) "Online learning" is a form of digital learning delivered by an approved online 
9.4 	learning provider under paragraph (d) that occurs when a student learns primarily through 
9.5 	digital delivery of instruction in a location other than a school building.
9.6 	(d) "Supplemental online learning" means an online learning course taken in place of a 
9.7 	course period at a local district school provided by a supplemental online learning provider.
9.8 	(d) (e) "Supplemental online learning provider" is a school district, an intermediate 
9.9 	school district, an organization of two or more school districts operating under a joint powers 
9.10 	agreement, or a charter school located in Minnesota that provides online learning courses 
9.11 	or programs to students other than their own enrolled students and is approved by the 
9.12 	department to provide online learning courses.
9.13 	(e) (f) "Student" is a Minnesota resident enrolled in a school under section 120A.22, 
9.14 	subdivision 4, or in a school authorized to receive Tribal contract or grant aid under section 
9.15 	124D.83, in kindergarten through grade 12.
9.16 	(f) (g) "Online learning student" is a student enrolled in an a supplemental online learning 
9.17 	course or program delivered by an a supplemental online learning provider under paragraph 
9.18 	(d) (e).
9.19 	(h) "Teacher" is a public employee as defined in section 79A.03, subdivision 18, 
9.20 	employed by a charter school or district providing online instruction. The contract of a 
9.21 	teacher employed by a charter school or district must meet the requirements of section 
9.22 	122A.40 or 122A.41 and a charter school must employ or contract with a teacher in 
9.23 	accordance with section 124E.12, subdivision 1. A teacher must perform all duties described 
9.24 	in Minnesota Rules, part 8710.0310, defining teacher of record.
9.25 	(g) (i) "Enrolling district" means the school district or, charter school, American 
9.26 	Indian-controlled Tribal contract or grant school, or nonpublic school in which a student is 
9.27 	enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance.
9.28 	(h) "Supplemental online learning" means an online learning course taken in place of a 
9.29 	course period at a local district school.
9.30 	(i) "Full-time online learning provider" means an enrolling school authorized by the 
9.31 	department to deliver comprehensive public education at any or all of the elementary, middle, 
9.32 	or high school levels.
10.1 	(j) "Online learning course syllabus" is a written document that an online learning 
10.2 	provider transmits to the enrolling district using a format prescribed by the commissioner 
10.3 	to identify the state academic standards embedded in an online course, the course content 
10.4 	outline, required course assessments, expectations for actual teacher contact time and other 
10.5 	student-to-teacher communications, and the academic support available to the online learning 
10.6 	student.

10.7 	EFFECTIVE DATE. This section is effective for the 2023-2024 school year and later.

10.8 	Sec. 10. Minnesota Statutes 2020, section 124D.095, subdivision 3, is amended to read:
10.9 		Subd. 3.Authorization; notice; limitations on enrollment. (a) An enrolling district 
10.10 	may offer digital learning, blended learning, or online learning as instructional modalities 
10.11 	to enrolled students. Digital learning, blended learning, or online learning do not generate 
10.12 	online learning funds under this section. An enrolling district that offers digital learning, 
10.13 	blended learning, or online learning only to its enrolled students is not subject to the reporting 
10.14 	requirements or review criteria under subdivision 7, unless the enrolling district is a 
10.15 	supplemental online learning provider. A teacher providing instruction via digital learning, 
10.16 	blended learning, or online learning must hold the appropriate Minnesota license as defined 
10.17 	in section 124D.095, subdivision 2, paragraph (h). Digital learning, blended learning, and 
10.18 	online learning courses must be reported and identified in the Minnesota Common Course 
10.19 	Catalog.
10.20 	(a) A (b) Any student may apply for full-time supplemental online enrollment in an 
10.21 	approved supplemental online learning program under section 124D.03 or 124D.08 or 
10.22 	chapter 124E. Notwithstanding sections 124D.03 and 124D.08 and chapter 124E, procedures 
10.23 	for enrolling in supplemental online learning are as provided in this subdivision. A student 
10.24 	age 17 or younger must have the written consent of a parent or guardian to apply. No school 
10.25 	district or charter school may prohibit a student from applying to enroll in online learning.
10.26 	In order to enroll in online learning, the student and the student's parents must submit an 
10.27 	application to the supplemental online learning provider and identify the student's reason 
10.28 	for enrolling. An online learning provider that accepts a student under this section must 
10.29 	notify the student and the enrolling district in writing within ten days if the enrolling district 
10.30 	is not the online learning provider. The student and the student's parent must notify the 
10.31 	online learning provider of the student's intent to enroll in online learning within ten days 
10.32 	of being accepted, at which time the student and the student's parent must sign a statement 
10.33 	indicating that they have reviewed the online course or program and understand the 
10.34 	expectations of enrolling in online learning. The online learning provider must use a form 
11.1 	provided by the department to notify the enrolling district of the student's application to 
11.2 	enroll in online learning.
11.3 	(b) (c) The supplemental online learning notice to the enrolling district when a student 
11.4 	applies to the online learning provider will must include the courses or program, credits to 
11.5 	be awarded, and the start date of the online course or program. An online learning provider 
11.6 	must make available the supplemental online course syllabus to the enrolling district. Within 
11.7 	15 days after the online learning provider makes information in this paragraph available to 
11.8 	the enrolling district, the enrolling district must notify the online provider whether the 
11.9 	student, the student's parent, and the enrolling district agree or disagree that the course meets 
11.10 	the enrolling district's graduation requirements. A supplemental online learning provider 
11.11 	that accepts a student under this section must notify the student and the enrolling district in 
11.12 	writing within ten days if the enrolling district is not the online learning provider. A student 
11.13 	may enroll in a supplemental online learning course up to the midpoint of the enrolling 
11.14 	district's term. The enrolling district may waive this requirement for special circumstances 
11.15 	and with the agreement of the online provider. An online learning course or program that 
11.16 	meets or exceeds a graduation standard or the grade progression requirement of the enrolling 
11.17 	district as described in the provider's online course syllabus meets the corresponding 
11.18 	graduation requirements applicable to the student in the enrolling district. If the enrolling 
11.19 	district does not agree that the course or program meets its graduation requirements, then:
11.20 	(1) the enrolling district must make available an explanation of its decision to the student, 
11.21 	the student's parent, and the online provider; and
11.22 	(2) the online provider may make available a response to the enrolling district, showing 
11.23 	how the course or program meets the graduation requirements of the enrolling district.
11.24 	(c) An online learning provider must notify the commissioner that it is delivering online 
11.25 	learning and report the number of online learning students it accepts and the online learning 
11.26 	courses and programs it delivers.
11.27 	(d) An online learning provider may limit enrollment if the provider's school board or 
11.28 	board of directors adopts by resolution specific standards for accepting and rejecting students' 
11.29 	applications.
11.30 	(e) An enrolling district may reduce an online learning student's regular classroom 
11.31 	instructional membership in proportion to the student's membership in online learning 
11.32 	courses.
11.33 	(f) The online provider must report or make available information on an individual 
11.34 	student's progress and accumulated credit to the student, the student's parent, and the enrolling 
12.1 	district in a manner specified by the commissioner unless the enrolling district and the online 
12.2 	provider agree to a different form of notice and notify the commissioner. The enrolling 
12.3 	district must designate a contact person to help facilitate and monitor the student's academic 
12.4 	progress and accumulated credits towards graduation.
12.5 	(d) No school district or charter school may prohibit a student from applying to enroll 
12.6 	in supplemental online learning. An enrolling district that has received notification from a 
12.7 	supplemental online learning provider of student acceptance must notify the online provider 
12.8 	within 15 days whether the student, the student's parent, and the enrolling district agree or 
12.9 	disagree that the proposed course meets the enrolling district's graduation requirements. 
12.10 	The enrolling district may waive this requirement for special circumstances and with the 
12.11 	agreement of the supplemental online provider.
12.12 	(e) The enrolling district must communicate a student's individualized education program 
12.13 	to the supplemental online provider upon accepting the enrollment and must coordinate 
12.14 	services for students with disabilities unless a written agreement exists between the enrolling 
12.15 	district and the supplemental online provider.
12.16 	(f) An online learning course or program that meets or exceeds a graduation standard 
12.17 	or the grade progression requirement of the enrolling district as described in the provider's 
12.18 	online course syllabus meets the corresponding graduation requirements applicable to the 
12.19 	student in the enrolling district. An enrolling district may reduce an online learning student's 
12.20 	regular classroom instructional enrollment in proportion to the student's enrollment in online 
12.21 	learning courses. The enrolling district must use the same criteria for accepting online 
12.22 	learning credits or courses as it does for accepting credits or courses for transfer students 
12.23 	under section 124D.03, subdivision 9. If the enrolling district does not agree that the course 
12.24 	or program meets its graduation requirements, then:
12.25 	(1) the enrolling district must make available an explanation of its decision to the student, 
12.26 	the student's parent, and the online provider; and
12.27 	(2) the online provider may make available a response to the enrolling district showing 
12.28 	how the course or program meets the graduation requirements of the enrolling district.

12.29 	EFFECTIVE DATE. This section is effective for the 2023-2024 school year and later.

12.30 	Sec. 11. Minnesota Statutes 2020, section 124D.095, subdivision 4, is amended to read:
12.31 		Subd. 4.Online learning parameters. (a) An online learning student must receive 
12.32 	academic credit for completing the requirements of an online learning course or program. 
12.33 	Secondary credits granted to an online learning student count toward the graduation and 
13.1 	credit requirements of the enrolling district. The enrolling district must apply the same 
13.2 	graduation requirements to all students, including online learning students, and must continue 
13.3 	to provide nonacademic services to online learning students. If a student completes an online 
13.4 	learning course or program that meets or exceeds a graduation standard or the grade 
13.5 	progression requirement at the enrolling district, that standard or requirement is met. The 
13.6 	enrolling district must use the same criteria for accepting online learning credits or courses 
13.7 	as it does for accepting credits or courses for transfer students under section 124D.03, 
13.8 	subdivision 9. The enrolling district may reduce the course schedule of an online learning 
13.9 	student in proportion to the number of online learning courses the student takes from an 
13.10 	online learning provider that is not the enrolling district.
13.11 	(b) An online learning student may:
13.12 	(1) enroll in supplemental online learning courses equal to a maximum of 50 percent of 
13.13 	the student's full schedule of courses per term during a single school year and the student 
13.14 	may exceed the supplemental online learning registration limit if the enrolling district permits 
13.15 	supplemental online learning enrollment above the limit, or if the enrolling district and the 
13.16 	online learning provider agree to the instructional services;
13.17 	(2) complete course work at a grade level that is different from the student's current 
13.18 	grade level; and
13.19 	(3) enroll in additional courses with the online learning provider under a separate 
13.20 	agreement that includes terms for paying any tuition or course fees.
13.21 	(c) An online learning student has the same access to the computer hardware and 
13.22 	education software available in a school as all other students in the enrolling district. An 
13.23 	online learning provider must assist an online learning student whose family qualifies for 
13.24 	the education tax credit under section 290.0674 to acquire computer hardware and educational 
13.25 	software for online learning purposes. Online learning students may use the enrolling district's 
13.26 	computer hardware and educational software to access supplemental online courses. Online 
13.27 	learning students may participate in supplemental online courses from a scheduled study 
13.28 	hall or other suitable location in the district in which the student is enrolled if the enrolling 
13.29 	district is able to provide a space and supervision.
13.30 	(d) An enrolling district may offer digital learning to its enrolled students. Such digital 
13.31 	learning does not generate online learning funds under this section. An enrolling district 
13.32 	that offers digital learning only to its enrolled students is not subject to the reporting 
13.33 	requirements or review criteria under subdivision 7, unless the enrolling district is a full-time 
13.34 	online learning provider. A teacher with a Minnesota license must assemble and deliver 
14.1 	instruction to enrolled students receiving online learning from an enrolling district. The 
14.2 	delivery of instruction occurs when the student interacts with the computer or the teacher 
14.3 	and receives ongoing assistance and assessment of learning. The instruction may include 
14.4 	curriculum developed by persons other than a teacher holding a Minnesota license.
14.5 	(d) An online learning provider must assist an online learning student whose family 
14.6 	qualifies for the education tax credit under section 290.0674 to acquire computer hardware 
14.7 	and educational software for online learning purposes and must provide information about 
14.8 	broadband connectivity options and programs.
14.9 	(e) An online learning provider may limit enrollment if the provider's school board or 
14.10 	board of directors adopts by resolution specific standards for accepting and rejecting students' 
14.11 	applications.
14.12 	(f) An online learning provider must report or make available information on an individual 
14.13 	student's progress and accumulated credit to the student, the student's parent, and the enrolling 
14.14 	district in a manner specified by the commissioner unless the enrolling district and the online 
14.15 	learning provider agree to a different form of reporting and notify the commissioner.
14.16 	(g) An enrolling district must apply the same graduation requirements to all students, 
14.17 	including online learning students, and must continue to provide nonacademic services to 
14.18 	online learning students. An enrolling district must designate a contact person to help 
14.19 	facilitate and monitor the academic progress and accumulated credits toward graduation 
14.20 	for each online learning student enrolled in the district.
14.21 	(e) Both full-time and (h) Supplemental online learning providers are subject to the 
14.22 	reporting requirements and review criteria under subdivision 7. A teacher holding a 
14.23 	Minnesota license must assemble and deliver instruction to online learning students. The 
14.24 	delivery of instruction occurs when the student interacts with the computer or the teacher 
14.25 	and receives ongoing assistance and assessment of learning. The instruction may include 
14.26 	curriculum developed by persons other than a teacher holding a Minnesota license. A teacher 
14.27 	providing instruction via supplemental online learning must use a curriculum aligned with 
14.28 	standards as described in section 120B.021 and must hold the appropriate Minnesota license 
14.29 	as defined in section 124D.095, subdivision 2, paragraph (h).
14.30 	(i) Unless the commissioner grants a waiver, a teacher providing online learning 
14.31 	instruction must not instruct more than 40 students in any one online learning course or 
14.32 	program.
14.33 	(f) To enroll in more than 50 percent of the student's full schedule of courses per term 
14.34 	in online learning, the student must qualify to exceed the supplemental online learning 
15.1 	registration limit under paragraph (b) or apply to enroll in an approved full-time online 
15.2 	learning program, consistent with subdivision 3, paragraph (a). Full-time online learning 
15.3 	students may enroll in classes at a local school under a contract for instructional services 
15.4 	between the online learning provider and the school district.

15.5 	EFFECTIVE DATE. This section is effective for the 2023-2024 school year and later.

15.6 	Sec. 12. Minnesota Statutes 2020, section 124D.095, subdivision 7, is amended to read:
15.7 		Subd. 7.Department of Education. (a) The department must review and approve or 
15.8 	disapprove online learning providers applications within 90 calendar days of receiving an 
15.9 	online learning provider's completed application. The commissioner, using research-based 
15.10 	standards of quality for online learning programs, must review all approved online learning 
15.11 	providers on a cyclical three-year basis. Approved online learning providers annually must 
15.12 	submit program data to, confirm statements of assurances for, and provide program updates 
15.13 	including a current course list to the commissioner.
15.14 	(b) An online learning provider must notify the commissioner that it is delivering online 
15.15 	learning and must report the number of online learning students it accepts and the online 
15.16 	learning courses and programs it delivers.
15.17 	(b) (c) The online learning courses and programs must be rigorous, aligned with state 
15.18 	academic standards, and contribute to grade progression in a single subject. The online 
15.19 	learning provider, other than a digital learning provider offering digital learning to its enrolled 
15.20 	students only under subdivision 4, paragraph (d), must give the commissioner written 
15.21 	assurance that: (1) all courses meet state academic standards; and (2) the online learning 
15.22 	curriculum, instruction, and assessment, expectations for actual teacher-contact time or 
15.23 	other student-to-teacher communication, and academic support meet nationally recognized 
15.24 	professional standards and are described as such in an online learning course syllabus that 
15.25 	meets the commissioner's requirements. Once an online learning provider is approved under 
15.26 	this paragraph, all of its online learning course offerings are eligible for payment under this 
15.27 	section unless a course is successfully challenged by an enrolling district or the department 
15.28 	under paragraph (c) (d).
15.29 	(c) (d) An enrolling district may challenge the validity of a course offered by an online 
15.30 	learning provider. The department must review such challenges based on the approval 
15.31 	procedures under paragraph (b) (c). The department may initiate its own review of the 
15.32 	validity of an online learning course offered by an online learning provider.
16.1 	(d) (e) The department may collect a fee not to exceed $250 for approving online learning 
16.2 	providers or $50 per course for reviewing a challenge by an enrolling district.
16.3 	(e) (f) The department must develop, publish, and maintain a list of supplemental online 
16.4 	learning providers that it has reviewed and approved.
16.5 	(f) (g) The department may review a complaint about an online learning provider, or a 
16.6 	complaint about a provider based on the provider's response to notice of a violation. If the 
16.7 	department determines that an online learning provider violated a law or rule, the department 
16.8 	may:
16.9 	(1) create a compliance plan for the provider; or
16.10 	(2) withhold funds from the provider under sections 124D.095, 124E.25, and 127A.42. 
16.11 	The department must notify an online learning provider in writing about withholding funds 
16.12 	and provide detailed calculations.

16.13 	EFFECTIVE DATE. This section is effective for the 2023-2024 school year and later.

16.14 	Sec. 13. Minnesota Statutes 2020, section 124D.095, is amended by adding a subdivision 
16.15 	to read:
16.16 		Subd. 11.Crisis online learning. (a) "Crisis online learning" means online learning 
16.17 	under this section as the primary mode of instruction for all students in a school building 
16.18 	during a crisis learning period.
16.19 	(b) "Crisis learning period" means a period of time that is the result of an unforeseeable 
16.20 	incident or situation such as a natural disaster, pandemic, or other catastrophic event that 
16.21 	creates an unsafe or untenable in-person learning environment as declared by a school 
16.22 	district or charter school.
16.23 	(c) "Crisis online learning plan" means a plan adopted by a school board or board of 
16.24 	directors that describes the implementation of crisis online learning and how critical 
16.25 	components of education are provided during the crisis learning period. Critical components 
16.26 	of education include but are not limited to nutrition services in accordance with United 
16.27 	States Department of Agriculture regulations, how teachers will be accessible online and 
16.28 	by telephone during regular school hours each crisis online learning day to assist students, 
16.29 	accommodations for students without Internet access or insufficient digital device access 
16.30 	in a household, and accessible options for students with disabilities under chapter 125A and 
16.31 	the Individuals with Disabilities Education Act. A crisis online learning plan may only be 
16.32 	adopted by a school district after consulting with the exclusive representative of the teachers 
16.33 	or by a charter school after consulting with its teachers, and may include up to one 
17.1 	instructional day to prepare for crisis online learning and one instructional day upon the 
17.2 	conclusion of the crisis online learning period, not to exceed four days per school year 
17.3 	without approval from the commissioner. Students and families must be notified of the 
17.4 	crisis online learning plan before the beginning of the school year. Consistent with applicable 
17.5 	labor agreements, districts must utilize available staff who are able to work during the crisis 
17.6 	online learning period.
17.7 	(d) Upon declaring a crisis learning period and providing notice to students and families 
17.8 	at least one day prior to the regular school start time, a school district or charter school may 
17.9 	implement the crisis online learning plan.

17.10 	EFFECTIVE DATE. This section is effective the day following final enactment. For 
17.11 	school year 2021-2022 the student and family notification requirement in subdivision 11, 
17.12 	paragraph (c), does not apply.

17.13 	Sec. 14. Minnesota Statutes 2020, section 124D.59, subdivision 2a, is amended to read:
17.14 		Subd. 2a.English learner; limited or interrupted formal education. Consistent with 
17.15 	subdivision 2, an English learner includeswith limited or interrupted formal education is 
17.16 	an English learner with an interrupted formal education who meets three of the following 
17.17 	five requirements: defined by subdivision 2 who has at least two years less schooling than 
17.18 	the English learner's peers when entering school in the United States.
17.19 	(1) comes from a home where the language usually spoken is other than English, or 
17.20 	usually speaks a language other than English;
17.21 	(2) enters school in the United States after grade 6;
17.22 	(3) has at least two years less schooling than the English learner's peers;
17.23 	(4) functions at least two years below expected grade level in reading and mathematics; 
17.24 	and
17.25 	(5) may be preliterate in the English learner's native language.

17.26 	Sec. 15. Minnesota Statutes 2020, section 124D.73, is amended by adding a subdivision 
17.27 	to read:
17.28 		Subd. 5.American Indian student. "American Indian student" means a student who 
17.29 	identifies as American Indian or Alaska Native, using the state definition in effect on October 
17.30 	1 of the previous school year.

18.1 	Sec. 16. Minnesota Statutes 2020, section 124D.79, subdivision 2, is amended to read:
18.2 		Subd. 2.Technical assistance. The commissioner shall provide technical assistance, 
18.3 	including an annual report of American Indian student data using the state count, to districts, 
18.4 	schools and postsecondary institutions for preservice and in-service training for teachers, 
18.5 	American Indian education teachers and paraprofessionals specifically designed to implement 
18.6 	culturally responsive teaching methods, culturally based curriculum development, testing 
18.7 	and testing mechanisms, and the development of materials for American Indian education 
18.8 	programs.

18.9 	Sec. 17. Minnesota Statutes 2020, section 124D.81, subdivision 1, is amended to read:
18.10 		Subdivision 1. Procedures. A school district, charter school, or American 
18.11 	Indian-controlled tribal contract or grant school enrolling at least 20 American Indian 
18.12 	students identified by the state count on October 1 of the previous school year and operating 
18.13 	an American Indian education program according to section 124D.74 is eligible for American 
18.14 	Indian education aid if it meets the requirements of this section. Programs may provide for 
18.15 	contracts for the provision of program components by nonsectarian nonpublic, community, 
18.16 	tribal, charter, or alternative schools. The commissioner shall prescribe the form and manner 
18.17 	of application for aids, and no aid shall be made for a program not complying with the 
18.18 	requirements of sections 124D.71 to 124D.82.

18.19 	Sec. 18. Minnesota Statutes 2020, section 124D.861, subdivision 3, is amended to read:
18.20 		Subd. 3.Public engagement; progress report and budget process. (a) To receive 
18.21 	revenue under section 124D.862, the school board of an eligible district must incorporate 
18.22 	school and district plan components under section 120B.11 into the district's comprehensive 
18.23 	integration plan.
18.24 	(b) A school board must hold at least one formal annual hearing to publicly report its 
18.25 	progress in realizing the goals identified in its plan. At the hearing, the board must provide 
18.26 	the public with longitudinal data demonstrating district and school progress in reducing the 
18.27 	disparities in student academic performance among the specified categories of students, in 
18.28 	improving students' equitable access to effective and more diverse teachers, and in realizing 
18.29 	racial and economic diversity and integration, consistent with the district plan and the 
18.30 	measures in paragraph (a). At least 30 days before the formal hearing under this paragraph, 
18.31 	the board must post its plan, its preliminary analysis, relevant student performance data, 
18.32 	and other longitudinal data on the district's website. A district must hold one hearing to 
18.33 	meet the hearing requirements of both this section and section 120B.11.
19.1 	(c) The district must submit a detailed budget to the commissioner by March April 15 
19.2 	in the year before it implements its plan. The commissioner must review, and approve or 
19.3 	disapprove the district's budget by June 1 of that year.
19.4 	(d) The longitudinal data required under paragraph (b) must be based on student growth 
19.5 	and progress in reading and mathematics, as defined under section 120B.30, subdivision 1, 
19.6 	and student performance data and achievement reports from fully adaptive reading and 
19.7 	mathematics assessments for grades 3 through 7 beginning in the 2015-2016 school year 
19.8 	under section 120B.30, subdivision 1a, and either (i) school enrollment choices, (ii) the 
19.9 	number of world language proficiency or high achievement certificates awarded under 
19.10 	section 120B.022, subdivision 1a, or the number of state bilingual and multilingual seals 
19.11 	issued under section 120B.022, subdivision 1b, or (iii) school safety and students' engagement 
19.12 	and connection at school under section 120B.35, subdivision 3, paragraph (d). Additional 
19.13 	longitudinal data may be based on: students' progress toward career and college readiness 
19.14 	under section 120B.30, subdivision 1; or rigorous coursework completed under section 
19.15 	120B.35, subdivision 3, paragraph (c), clause (2).

19.16 	Sec. 19. Minnesota Statutes 2020, section 124D.861, subdivision 4, is amended to read:
19.17 		Subd. 4.Timeline and implementation. A board must approve its plan and submit it 
19.18 	to the department by March April 15. If a district that is part of a multidistrict council applies 
19.19 	for revenue for a plan, the individual district shall not receive revenue unless it ratifies the 
19.20 	plan adopted by the multidistrict council. Each plan has a term of three years. For the 
19.21 	2014-2015 school year, an eligible district under this section must submit its plan to the 
19.22 	commissioner for review by March 15, 2014. For the 2013-2014 school year only, an eligible 
19.23 	district may continue to implement its current plan until the commissioner approves a new 
19.24 	plan under this section.

19.25 	Sec. 20. Minnesota Statutes 2020, section 125A.15, is amended to read:
19.26 	125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
19.27 	The responsibility for special instruction and services for a child with a disability 
19.28 	temporarily placed in another district for care and treatment shall be determined in the 
19.29 	following manner:
19.30 	(a) The district of residence of a child shall be the district in which the child's parent 
19.31 	resides, if living, or the child's guardian. If there is a dispute between school districts 
19.32 	regarding residency, the district of residence is the district designated by the commissioner.
20.1 	(b) If a district other than the resident district places a pupil for care and treatment, the 
20.2 	district placing the pupil must notify and give the resident district an opportunity to participate 
20.3 	in the placement decision. When an immediate emergency placement of a pupil is necessary 
20.4 	and time constraints foreclose a resident district from participating in the emergency 
20.5 	placement decision, the district in which the pupil is temporarily placed must notify the 
20.6 	resident district of the emergency placement within 15 days. The resident district has up to 
20.7 	five business days after receiving notice of the emergency placement to request an 
20.8 	opportunity to participate in the placement decision, which the placing district must then 
20.9 	provide.
20.10 	(c) When a child is temporarily placed for care and treatment in a day program located 
20.11 	in another district and the child continues to live within the district of residence during the 
20.12 	care and treatment, the district of residence is responsible for providing transportation to 
20.13 	and from the care and treatment program and an appropriate educational program for the 
20.14 	child. The resident district may establish reasonable restrictions on transportation, except 
20.15 	if a Minnesota court or agency orders the child placed at a day care and treatment program 
20.16 	and the resident district receives a copy of the order, then the resident district must provide 
20.17 	transportation to and from the program unless the court or agency orders otherwise. 
20.18 	Transportation shall only be provided by the resident district during regular operating hours 
20.19 	of the resident district. The resident district may provide the educational program at a school 
20.20 	within the district of residence, at the child's residence, or in the district in which the day 
20.21 	treatment center is located by paying tuition to that district. If a child's district of residence, 
20.22 	district of open enrollment under section 124D.03, or charter school of enrollment under 
20.23 	section 124E.11 is a state-approved online learning provider under section 124D.095, 
20.24 	subdivision 2, paragraph (d), the child's district of residence may utilize that state-approved 
20.25 	online learning program in fulfilling its educational program responsibility under this section.
20.26 	(d) When a child is temporarily placed in a residential program for care and treatment, 
20.27 	the nonresident district in which the child is placed is responsible for providing an appropriate 
20.28 	educational program for the child and necessary transportation while the child is attending 
20.29 	the educational program; and must bill the district of the child's residence for the actual cost 
20.30 	of providing the program, as outlined in section 125A.11, except as provided in paragraph 
20.31 	(e). However, the board, lodging, and treatment costs incurred in behalf of a child with a 
20.32 	disability placed outside of the school district of residence by the commissioner of human 
20.33 	services or the commissioner of corrections or their agents, for reasons other than providing 
20.34 	for the child's special educational needs must not become the responsibility of either the 
20.35 	district providing the instruction or the district of the child's residence. For the purposes of 
21.1 	this section, the state correctional facilities operated on a fee-for-service basis are considered 
21.2 	to be residential programs for care and treatment. If a child's district of residence, district 
21.3 	of open enrollment under section 124D.03, or charter school of enrollment under section 
21.4 	124E.11 is a state-approved online learning provider under section 124D.095, subdivision 
21.5 	2, paragraph (d), the nonresident district may utilize that state-approved online learning 
21.6 	program in fulfilling its educational program responsibility under this section.
21.7 	(e) A privately owned and operated residential facility may enter into a contract to obtain 
21.8 	appropriate educational programs for special education children and services with a joint 
21.9 	powers entity. The entity with which the private facility contracts for special education 
21.10 	services shall be the district responsible for providing students placed in that facility an 
21.11 	appropriate educational program in place of the district in which the facility is located. If a 
21.12 	privately owned and operated residential facility does not enter into a contract under this 
21.13 	paragraph, then paragraph (d) applies.
21.14 	(f) The district of residence shall pay tuition and other program costs, not including 
21.15 	transportation costs, to the district providing the instruction and services. The district of 
21.16 	residence may claim general education aid for the child as provided by law. Transportation 
21.17 	costs must be paid by the district responsible for providing the transportation and the state 
21.18 	must pay transportation aid to that district.

21.19 	Sec. 21. Minnesota Statutes 2020, section 125A.51, is amended to read:
21.20 	125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES; EDUCATION 
21.21 	AND TRANSPORTATION.
21.22 	The responsibility for providing instruction and transportation for a pupil without a 
21.23 	disability who has a short-term or temporary physical or emotional illness or disability, as 
21.24 	determined by the standards of the commissioner, and who is temporarily placed for care 
21.25 	and treatment for that illness or disability, must be determined as provided in this section.
21.26 	(a) The school district of residence of the pupil is the district in which the pupil's parent 
21.27 	or guardian resides. If there is a dispute between school districts regarding residency, the 
21.28 	district of residence is the district designated by the commissioner.
21.29 	(b) When parental rights have been terminated by court order, the legal residence of a 
21.30 	child placed in a residential or foster facility for care and treatment is the district in which 
21.31 	the child resides.
21.32 	(c) Before the placement of a pupil for care and treatment, the district of residence must 
21.33 	be notified and provided an opportunity to participate in the placement decision. When an 
22.1 	immediate emergency placement is necessary and time does not permit resident district 
22.2 	participation in the placement decision, the district in which the pupil is temporarily placed, 
22.3 	if different from the district of residence, must notify the district of residence of the 
22.4 	emergency placement within 15 days of the placement. When a nonresident district makes 
22.5 	an emergency placement without first consulting with the resident district, the resident 
22.6 	district has up to five business days after receiving notice of the emergency placement to 
22.7 	request an opportunity to participate in the placement decision, which the placing district 
22.8 	must then provide.
22.9 	(d) When a pupil without a disability is temporarily placed for care and treatment in a 
22.10 	day program and the pupil continues to live within the district of residence during the care 
22.11 	and treatment, the district of residence must provide instruction and necessary transportation 
22.12 	to and from the care and treatment program for the pupil. The resident district may establish 
22.13 	reasonable restrictions on transportation, except if a Minnesota court or agency orders the 
22.14 	child placed at a day care and treatment program and the resident district receives a copy 
22.15 	of the order, then the resident district must provide transportation to and from the program 
22.16 	unless the court or agency orders otherwise. Transportation shall only be provided by the 
22.17 	resident district during regular operating hours of the resident district. The resident district 
22.18 	may provide the instruction at a school within the district of residence, at the pupil's residence, 
22.19 	through a state-approved online learning program under section 124D.095, subdivision 2, 
22.20 	paragraph (d), provided by the pupil's resident district, district of open enrollment under 
22.21 	section 124D.03, or charter school of enrollment under section 124E.11, or in the case of a 
22.22 	placement outside of the resident district, in the district in which the day treatment program 
22.23 	is located by paying tuition to that district. The district of placement may contract with a 
22.24 	facility to provide instruction by teachers licensed by the Professional Educator Licensing 
22.25 	and Standards Board.
22.26 	(e) When a pupil without a disability is temporarily placed in a residential program for 
22.27 	care and treatment, the district in which the pupil is placed must provide instruction for the 
22.28 	pupil and necessary transportation while the pupil is receiving instruction, and in the case 
22.29 	of a placement outside of the district of residence, the nonresident district must bill the 
22.30 	district of residence for the actual cost of providing the instruction for the regular school 
22.31 	year and for summer school, excluding transportation costs. If a pupil's district of residence, 
22.32 	district of open enrollment under section 124D.03, or charter school of enrollment under 
22.33 	section 124E.11 is a state-approved online learning provider under section 124D.095, 
22.34 	subdivision 2, paragraph (d), the district in which the pupil is placed may utilize that 
23.1 	state-approved online learning program in fulfilling its responsibility to provide instruction 
23.2 	under this section.
23.3 	(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or 
23.4 	private homeless shelter, then the district that enrolls the pupil under section 120A.20, 
23.5 	subdivision 2, paragraph (b), shall provide the transportation, unless the district that enrolls 
23.6 	the pupil and the district in which the pupil is temporarily placed agree that the district in 
23.7 	which the pupil is temporarily placed shall provide transportation. When a pupil without a 
23.8 	disability is temporarily placed in a residential program outside the district of residence, 
23.9 	the administrator of the court placing the pupil must send timely written notice of the 
23.10 	placement to the district of residence. The district of placement may contract with a 
23.11 	residential facility to provide instruction by teachers licensed by the Professional Educator 
23.12 	Licensing and Standards Board. For purposes of this section, the state correctional facilities 
23.13 	operated on a fee-for-service basis are considered to be residential programs for care and 
23.14 	treatment.
23.15 	(g) The district of residence must include the pupil in its residence count of pupil units 
23.16 	and pay tuition as provided in section 123A.488 to the district providing the instruction. 
23.17 	Transportation costs must be paid by the district providing the transportation and the state 
23.18 	must pay transportation aid to that district. For purposes of computing state transportation 
23.19 	aid, pupils governed by this subdivision must be included in the disabled transportation 
23.20 	category if the pupils cannot be transported on a regular school bus route without special 
23.21 	accommodations.

23.22 	Sec. 22. Minnesota Statutes 2020, section 125A.515, subdivision 3, is amended to read:
23.23 		Subd. 3.Responsibilities for providing education. (a) The district in which the children's 
23.24 	residential facility is located must provide education services, including special education 
23.25 	if eligible, to all students placed in a facility. If a child's district of residence, district of open 
23.26 	enrollment under section 124D.03, or charter school of enrollment under section 124E.11 
23.27 	is a state-approved online learning provider under section 124D.095, subdivision 2, paragraph 
23.28 	(d), the district in which the children's residential facility is located may utilize that 
23.29 	state-approved online learning program in fulfilling its education services responsibility 
23.30 	under this section.
23.31 	(b) For education programs operated by the Department of Corrections, the providing 
23.32 	district shall be the Department of Corrections. For students remanded to the commissioner 
23.33 	of corrections, the providing and resident district shall be the Department of Corrections.

24.1 	ARTICLE 2
24.2 	EDUCATION EXCELLENCE

24.3 	Section 1. Minnesota Statutes 2020, section 13.32, subdivision 3, is amended to read:
24.4 		Subd. 3.Private data; when disclosure is permitted. Except as provided in subdivision 
24.5 	5, educational data is private data on individuals and shall not be disclosed except as follows:
24.6 	(a) pursuant to section 13.05;
24.7 	(b) pursuant to a valid court order;
24.8 	(c) pursuant to a statute specifically authorizing access to the private data;
24.9 	(d) to disclose information in health, including mental health, and safety emergencies 
24.10 	pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code 
24.11 	of Federal Regulations, title 34, section 99.36;
24.12 	(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), 
24.13 	(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, 
24.14 	title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
24.15 	(f) to appropriate health authorities to the extent necessary to administer immunization 
24.16 	programs and for bona fide epidemiologic investigations which the commissioner of health 
24.17 	determines are necessary to prevent disease or disability to individuals in the public 
24.18 	educational agency or institution in which the investigation is being conducted;
24.19 	(g) when disclosure is required for institutions that participate in a program under title 
24.20 	IV of the Higher Education Act, United States Code, title 20, section 1092;
24.21 	(h) to the appropriate school district officials to the extent necessary under subdivision 
24.22 	6, annually to indicate the extent and content of remedial instruction, including the results 
24.23 	of assessment testing and academic performance at a postsecondary institution during the 
24.24 	previous academic year by a student who graduated from a Minnesota school district within 
24.25 	two years before receiving the remedial instruction;
24.26 	(i) to appropriate authorities as provided in United States Code, title 20, section 
24.27 	1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the 
24.28 	system to effectively serve, prior to adjudication, the student whose records are released; 
24.29 	provided that the authorities to whom the data are released submit a written request for the 
24.30 	data that certifies that the data will not be disclosed to any other person except as authorized 
24.31 	by law without the written consent of the parent of the student and the request and a record 
24.32 	of the release are maintained in the student's file;
25.1 	(j) to volunteers who are determined to have a legitimate educational interest in the data 
25.2 	and who are conducting activities and events sponsored by or endorsed by the educational 
25.3 	agency or institution for students or former students;
25.4 	(k) to provide student recruiting information, from educational data held by colleges 
25.5 	and universities, as required by and subject to Code of Federal Regulations, title 32, section 
25.6 	216;
25.7 	(l) to the juvenile justice system if information about the behavior of a student who poses 
25.8 	a risk of harm is reasonably necessary to protect the health or safety of the student or other 
25.9 	individuals;
25.10 	(m) with respect to Social Security numbers of students in the adult basic education 
25.11 	system, to Minnesota State Colleges and Universities and the Department of Employment 
25.12 	and Economic Development for the purpose and in the manner described in section 124D.52, 
25.13 	subdivision 7;
25.14 	(n) to the commissioner of education for purposes of an assessment or investigation of 
25.15 	a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request 
25.16 	by the commissioner of education, data that are relevant to a report of maltreatment and are 
25.17 	from charter school and school district investigations of alleged maltreatment of a student 
25.18 	must be disclosed to the commissioner, including, but not limited to, the following:
25.19 	(1) information regarding the student alleged to have been maltreated;
25.20 	(2) information regarding student and employee witnesses;
25.21 	(3) information regarding the alleged perpetrator; and
25.22 	(4) what corrective or protective action was taken, if any, by the school facility in response 
25.23 	to a report of maltreatment by an employee or agent of the school or school district;
25.24 	(o) when the disclosure is of the final results of a disciplinary proceeding on a charge 
25.25 	of a crime of violence or nonforcible sex offense to the extent authorized under United 
25.26 	States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title 
25.27 	34, sections 99.31 (a)(13) and (14);
25.28 	(p) when the disclosure is information provided to the institution under United States 
25.29 	Code, title 42, section 14071, concerning registered sex offenders to the extent authorized 
25.30 	under United States Code, title 20, section 1232g(b)(7); or
25.31 	(q) when the disclosure is to a parent of a student at an institution of postsecondary 
25.32 	education regarding the student's violation of any federal, state, or local law or of any rule 
26.1 	or policy of the institution, governing the use or possession of alcohol or of a controlled 
26.2 	substance, to the extent authorized under United States Code, title 20, section 1232g(i), and 
26.3 	Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution 
26.4 	has an information release form signed by the student authorizing disclosure to a parent. 
26.5 	The institution must notify parents and students about the purpose and availability of the 
26.6 	information release forms. At a minimum, the institution must distribute the information 
26.7 	release forms at parent and student orientation meetings.; or
26.8 	(r) with Tribal nations about Tribally enrolled or descendant students so that the Tribal 
26.9 	nation and school district or charter school can support the educational attainment of the 
26.10 	student.

26.11 	Sec. 2. Minnesota Statutes 2020, section 120B.15, is amended to read:
26.12 	120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS AND SERVICES.
26.13 	(a) School districts may identify students, locally develop programs and services
26.14 	addressing instructional and affective needs, provide staff development, and evaluate 
26.15 	programs and services to provide gifted and talented students with challenging and 
26.16 	appropriate educational programs and services.
26.17 	(b) School districts must adopt guidelines for assessing and identifying students for 
26.18 	participation in gifted and talented programs and services consistent with section 120B.11, 
26.19 	subdivision 2, clause (2). The guidelines should include the use of:
26.20 	(1) multiple and objective criteria; and
26.21 	(2) assessments and procedures that are valid and reliable, fair, and based on current 
26.22 	theory and research. Assessments and procedures should must be sensitive and equitable
26.23 	to underrepresented groups, including, but not limited to, low-income students, minority
26.24 	students of color and American Indian students, twice-exceptional students, students with 
26.25 	504 plans, and English learners. Assessments and procedures must be coordinated to allow 
26.26 	for optimal identification of programs or services for underrepresented groups.
26.27 	(c) School districts must adopt procedures for the academic acceleration of gifted and 
26.28 	talented students consistent with section 120B.11, subdivision 2, clause (2). These procedures 
26.29 	must include how the district will:
26.30 	(1) assess a student's readiness and motivation for acceleration; and
26.31 	(2) match the level, complexity, and pace of the curriculum to a student to achieve the 
26.32 	best type of academic acceleration for that student.
27.1 	(d) School districts must adopt procedures consistent with section 124D.02, subdivision 
27.2 	1, for early admission to kindergarten or first grade of gifted and talented learners consistent 
27.3 	with section 120B.11, subdivision 2, clause (2). The procedures must be sensitive to 
27.4 	underrepresented groups.

27.5 	Sec. 3. NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.
 27.6 	Each public district and school selected to participate in the national assessment of 
27.7 	educational progress shall do so pursuant to United States Code, title 20, section 6312(c)(2), 
27.8 	as in effect on December 10, 2015, or similar national or international assessments, both 
27.9 	for the national sample and for any state-by-state comparison programs that may be initiated, 
27.10 	as directed by the commissioner. The assessments must be conducted using the data collection 
27.11 	procedures, student surveys, educator surveys, and other instruments included in the National 
27.12 	Assessment of Educational Progress or similar national or international assessments being 
27.13 	administered in Minnesota. The administration of such assessments shall be in addition to 
27.14 	and separate from the administration of the statewide, standardized assessments.

27.15 	ARTICLE 3
27.16 	INCLUSIVE AND WELCOMING SCHOOLS

27.17 	Section 1. Minnesota Statutes 2020, section 120A.22, subdivision 7, is amended to read:
27.18 		Subd. 7.Education records. (a) A district, a charter school, or a nonpublic school that 
27.19 	receives services or aid under sections 123B.40 to 123B.48 from which a student is 
27.20 	transferring must transmit the student's educational records, within ten business days of a 
27.21 	request, to the district, the charter school, or the nonpublic school in which the student is 
27.22 	enrolling. Districts, charter schools, and nonpublic schools that receive services or aid under 
27.23 	sections 123B.40 to 123B.48 must make reasonable efforts to determine the district, the 
27.24 	charter school, or the nonpublic school in which a transferring student is next enrolling in 
27.25 	order to comply with this subdivision.
27.26 	(b) A closed charter school must transfer the student's educational records, within ten 
27.27 	business days of the school's closure, to the student's school district of residence where the 
27.28 	records must be retained unless the records are otherwise transferred under this subdivision.
27.29 	(c) A school district, a charter school, or a nonpublic school that receives services or aid 
27.30 	under sections 123B.40 to 123B.48 that transmits a student's educational records to another 
27.31 	school district or other educational entity, charter school, or nonpublic school to which the 
27.32 	student is transferring must include in the transmitted records information about any formal 
27.33 	suspension, expulsion, and exclusion disciplinary action, as well as pupil withdrawals, under 
28.1 	sections 121A.40 to 121A.56. The transmitted records must include services a pupil needs 
28.2 	to prevent the inappropriate behavior from recurring. The district, the charter school, or the 
28.3 	nonpublic school that receives services or aid under sections 123B.40 to 123B.48 must 
28.4 	provide notice to a student and the student's parent or guardian that formal disciplinary 
28.5 	records will be transferred as part of the student's educational record, in accordance with 
28.6 	data practices under chapter 13 and the Family Educational Rights and Privacy Act of 1974, 
28.7 	United States Code, title 20, section 1232(g).
28.8 	(d) Notwithstanding section 138.17, a principal or chief administrative officer must 
28.9 	remove from a student's educational record and destroy a probable cause notice received 
28.10 	under section 260B.171, subdivision 5, or paragraph (e), if one year has elapsed since the 
28.11 	date of the notice and the principal or chief administrative officer has not received a 
28.12 	disposition or court order related to the offense described in the notice. This paragraph does 
28.13 	not apply if the student no longer attends the school when this one-year period expires.
28.14 	(e) A principal or chief administrative officer who receives a probable cause notice under 
28.15 	section 260B.171, subdivision 5, or a disposition or court order, must include a copy of that 
28.16 	data in the student's educational records if they are transmitted to another school, unless the 
28.17 	data are required to be destroyed under paragraph (d) or section 121A.75.

28.18 	Sec. 2. Minnesota Statutes 2020, section 120A.22, subdivision 9, is amended to read:
28.19 		Subd. 9.Knowledge and skills. Instruction must be provided in at least the following 
28.20 	subject areas:
28.21 	(1) basic communication skills including reading and writing, literature, and fine arts;
28.22 	(2) mathematics and science;
28.23 	(3) social studies including history, geography, economics, government, and citizenship; 
28.24 	and
28.25 	(4) health and physical education.; and
28.26 	(5) ethnic studies.
28.27 	Instruction, textbooks, and materials must be in the English language. Another language 
28.28 	may be used pursuant to sections 124D.59 to 124D.61.

28.29 	Sec. 3. Minnesota Statutes 2020, section 120B.021, subdivision 2, is amended to read:
28.30 		Subd. 2.Standards development. (a) The commissioner must consider advice from at 
28.31 	least the following stakeholders in developing statewide rigorous core academic standards 
29.1 	in language arts, mathematics, science, social studies, including history, geography, 
29.2 	economics, government and citizenship, and the arts:
29.3 	(1) parents of school-age children and members of the public throughout the state;
29.4 	(2) teachers throughout the state currently licensed and providing instruction in language 
29.5 	arts, mathematics, science, social studies, or the arts and licensed elementary and secondary 
29.6 	school principals throughout the state currently administering a school site;
29.7 	(3) currently serving members of local school boards and charter school boards throughout 
29.8 	the state;
29.9 	(4) faculty teaching core subjects at postsecondary institutions in Minnesota; and
29.10 	(5) representatives of the Minnesota business community.;
29.11 	(6) representatives from the Tribal Nations Education Committee and Minnesota's Tribal 
29.12 	Nations and communities, including both Anishinaabe and Dakota;
29.13 	(7) youth currently enrolled in kindergarten through grade 12 school districts and charter 
29.14 	schools in Minnesota; and
29.15 	(8) other stakeholders that represent the ethnic, racial, and geographic diversity of 
29.16 	Minnesota, including diversity of gender and sexual orientation, immigrant status, and 
29.17 	religious and linguistic background.
29.18 	(b) Academic standards must:
29.19 	(1) be clear, concise, objective, measurable, and grade-level appropriate;
29.20 	(2) not require a specific teaching methodology or curriculum; and
29.21 	(3) be consistent with the Constitutions of the United States and the state of Minnesota.

29.22 	Sec. 4. Minnesota Statutes 2020, section 120B.021, subdivision 4, is amended to read:
29.23 		Subd. 4.Revisions and reviews required. (a) The commissioner of education must 
29.24 	revise and appropriately embed Indigenous education standards that include the contributions 
29.25 	of American Indian Tribes and communities into the state's academic standards and 
29.26 	graduation requirements. These standards must be consistent with recommendations from 
29.27 	the Tribal Nations Education Committee.
29.28 	(b) The commissioner of education must revise and appropriately embed technology 
29.29 	and information literacy standards consistent with recommendations from school media 
29.30 	specialists into the state's academic standards and graduation requirements and implement 
29.31 	a ten-year cycle to review and, consistent with the review, revise state academic standards 
30.1 	and related benchmarks, consistent with this subdivision. During each ten-year review and 
30.2 	revision cycle, the commissioner also must examine the alignment of each required academic 
30.3 	standard and related benchmark with the knowledge and skills students need for career and 
30.4 	college readiness and advanced work in the particular subject area.
30.5 	(c) The commissioner must include the contributions of Minnesota American Indian 
30.6 	tribes and communities as related to theappropriately embed ethnic studies into the state's 
30.7 	academic standards during the review and revision of the required academic standards.
30.8 	(b) (d) The commissioner must ensure that the statewide mathematics assessments 
30.9 	administered to students in grades 3 through 8 and 11 are aligned with the state academic 
30.10 	standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph (b). 
30.11 	The commissioner must implement a review of the academic standards and related 
30.12 	benchmarks in mathematics beginning in the 2021-2022 school year and every ten years 
30.13 	thereafter.
30.14 	(c) (e) The commissioner must implement a review of the academic standards and related 
30.15 	benchmarks in arts beginning in the 2017-2018 school year and every ten years thereafter.
30.16 	(d) (f) The commissioner must implement a review of the academic standards and related 
30.17 	benchmarks in science beginning in the 2018-2019 school year and every ten years thereafter.
30.18 	(e) (g) The commissioner must implement a review of the academic standards and related 
30.19 	benchmarks in language arts beginning in the 2019-2020 school year and every ten years 
30.20 	thereafter.
30.21 	(f) (h) The commissioner must implement a review of the academic standards and related 
30.22 	benchmarks in social studies beginning in the 2020-2021 school year and every ten years 
30.23 	thereafter.
30.24 	(g) (i) The commissioner must implement a review of the academic standards and related 
30.25 	benchmarks in physical education beginning in the 2022-2023 2026-2027 school year and 
30.26 	every ten years thereafter.
30.27 	(h) (j) School districts and charter schools must revise and align local academic standards 
30.28 	and high school graduation requirements in health, world languages, and career and technical 
30.29 	education to require students to complete the revised standards beginning in a school year 
30.30 	determined by the school district or charter school. School districts and charter schools must 
30.31 	formally establish a periodic review cycle for the academic standards and related benchmarks 
30.32 	in health, world languages, and career and technical education.

31.1 	Sec. 5. [120B.025] ETHNIC STUDIES CURRICULUM.
31.2 	"Ethnic studies curriculum" means the critical and interdisciplinary study of race, 
31.3 	ethnicity, and indigeneity with a focus on the experiences and perspectives of people of 
31.4 	color within and beyond the United States. Ethnic studies curriculum analyzes the ways in 
31.5 	which race and racism have been and continue to be powerful social, cultural, and political 
31.6 	forces, and the connections that race and racism have to the stratification of other groups, 
31.7 	including stratification based on gender, class, sexual orientation, gender identity, and legal 
31.8 	status.

31.9 	Sec. 6. Minnesota Statutes 2020, section 120B.11, subdivision 1, is amended to read:
31.10 		Subdivision 1.Definitions. For the purposes of this section and section 120B.10, the 
31.11 	following terms have the meanings given them.
31.12 	(a) "Instruction" means methods of providing learning experiences that enable a student 
31.13 	to meet state and district academic standards and graduation requirements including applied 
31.14 	and experiential learning.
31.15 	(b) "Curriculum" means district or school adopted programs and written plans for 
31.16 	providing students with learning experiences that lead to expected knowledge and skills 
31.17 	and career and college readiness.
31.18 	(c) "World's best workforce" means striving to: meet school readiness goals; have all 
31.19 	third grade students achieve grade-level literacy; close the academic achievement gap among 
31.20 	all racial and ethnic groups of students and between students living in poverty and students 
31.21 	not living in poverty; have all students attain career and college readiness before graduating 
31.22 	from high school; and have all students graduate from high school.
31.23 	(d) "Experiential learning" means learning for students that includes career exploration 
31.24 	through a specific class or course or through work-based experiences such as job shadowing, 
31.25 	mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative 
31.26 	work experience, youth apprenticeship, or employment.
31.27 	(e) "Ethnic studies curriculum" means the critical and interdisciplinary study of race, 
31.28 	ethnicity, and indigeneity with a focus on the experiences and perspectives of people of 
31.29 	color within and beyond the United States. Ethnic studies curriculum analyzes the ways in 
31.30 	which race and racism have been and continue to be powerful social, cultural, and political 
31.31 	forces, and the connections that race and racism have to the stratification of other groups, 
31.32 	including stratification based on gender, class, sexual orientation, gender identity, and legal 
31.33 	status.

32.1 	Sec. 7. [121A.041] AMERICAN INDIAN MASCOTS PROHIBITED.
32.2 		Subdivision 1.Prohibition. (a) A public school may not have or adopt a name, symbol, 
32.3 	or image that depicts or refers to an American Indian Tribe, individual, custom, or tradition 
32.4 	to be used as a mascot, nickname, logo, letterhead, or team name of the district or school 
32.5 	within the district.
32.6 	(b) A public school may seek an exemption to paragraph (a) by submitting a request in 
32.7 	writing to the Tribal Nations Education Committee and the Indian Affairs Council, which 
32.8 	jointly shall have discretion to grant such an exemption. A public school that has a mascot 
32.9 	prohibited by this section must request an exemption by January 1, 2022.
32.10 		Subd. 2.Definitions. (a) For purposes of this section, the following terms have the 
32.11 	meanings given.
32.12 	(b) "American Indian" means an individual who is:
32.13 	(1) a member of an Indian Tribe or Band, as membership is defined by the Tribe or 
32.14 	Band, including:
32.15 	(i) any Tribe or Band terminated since 1940; and
32.16 	(ii) any Tribe or Band recognized by the state in which the Tribe or Band resides;
32.17 	(2) a descendant, in the first or second degree, of an individual described in clause (1);
32.18 	(3) considered by the Secretary of the Interior to be an Indian for any purpose;
32.19 	(4) an Eskimo, Aleut, or other Alaska Native; or
32.20 	(5) a member of an organized Indian group that received a grant under the Indian 
32.21 	Education Act of 1988 as in effect the day preceding October 20, 1994.
32.22 	(c) "District" means a district under section 120A.05, subdivision 8.
32.23 	(d) "Mascot" means any human, nonhuman animal, or object used to represent a school 
32.24 	and its population.
32.25 	(e) "Public school" or "school" means a public school under section 120A.05, subdivisions 
32.26 	9, 11, 13, and 17, and a charter school under chapter 124E.

32.27 	Sec. 8. [121A.201] MULTI-TIERED SYSTEM OF SUPPORT.
32.28 	The Minnesota Multi-Tiered System of Supports (MnMTSS) is a systemic, continuous 
32.29 	improvement framework for ensuring positive social, emotional, behavioral, developmental, 
32.30 	and academic outcomes for every student. MnMTSS provides access to layered tiers of 
33.1 	culturally and linguistically responsive, evidence-based practices. The MnMTSS framework 
33.2 	relies on the understanding and belief that every student can learn and thrive, and it engages 
33.3 	an anti-racist approach to examining policies and practices and ensuring equitable distribution 
33.4 	of resources and opportunity. This systemic framework requires:
33.5 	(1) design and delivery of culturally and linguistically responsive, effective, 
33.6 	standards-based core instruction in safe, supportive environments inclusive of every student 
33.7 	as a necessary foundation for tiered supports;
33.8 	(2) layered tiers of culturally and linguistically responsive supplemental and intensive 
33.9 	supports to meet each student's needs;
33.10 	(3) developing collective knowledge and experience through engagement in representative 
33.11 	partnerships with students, education professionals, families, and communities;
33.12 	(4) multidisciplinary teams of education professionals that review and use data to prevent 
33.13 	and solve problems, inform instruction and supports, and ensure effective implementation 
33.14 	in partnership with students and families;
33.15 	(5) effective and timely use of meaningful, culturally relevant data disaggregated by 
33.16 	student groups identified in section 121A.031 that includes but is not limited to universal 
33.17 	screening, frequent progress monitoring, implementation fidelity, and multiple qualitative 
33.18 	and quantitative sources; and
33.19 	(6) ongoing professional learning on the MnMTSS systemic framework using anti-racist 
33.20 	approaches to training and coaching.

33.21 	Sec. 9. Minnesota Statutes 2020, section 121A.41, subdivision 10, is amended to read:
33.22 		Subd. 10.In-school suspension; out-of-school suspension. (a) "In-school suspension" 
33.23 	means an instance in which a pupil is temporarily removed from the pupil's regular classroom 
33.24 	for at least half a day for disciplinary purposes, but remains under the direct supervision of 
33.25 	school personnel. For purposes of this paragraph, "direct supervision" means school personnel 
33.26 	are physically in the same location as students under supervision.
33.27 	(b) "Out-of-school suspension" means an action by the school administration, under 
33.28 	rules promulgated by the school board, prohibiting a pupil from attending school for a period 
33.29 	of no more than ten school days. If a suspension is longer than five days, the suspending 
33.30 	administrator must provide the superintendent with a reason for the longer suspension. This 
33.31 	definition does not apply to dismissal from school for one school day or less than one school 
33.32 	day, except as provided in federal law for a student with a disability. Each suspension action 
33.33 	may include a readmission plan. The readmission plan shall include, where appropriate, a 
34.1 	provision for implementing alternative educational services upon readmission and may not 
34.2 	be used to extend the current suspension. Consistent with section 125A.091, subdivision 5, 
34.3 	the readmission plan must not obligate a parent to provide a sympathomimetic medication 
34.4 	for the parent's child as a condition of readmission. The school administration may not 
34.5 	impose consecutive suspensions against the same pupil for the same course of conduct, or 
34.6 	incident of misconduct, except where the pupil will create an immediate and substantial 
34.7 	danger to self or to surrounding persons or property, or where the district is in the process 
34.8 	of initiating an expulsion, in which case the school administration may extend the suspension 
34.9 	to a total of 15 school days.

34.10 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

34.11 	Sec. 10. Minnesota Statutes 2020, section 121A.41, is amended by adding a subdivision 
34.12 	to read:
34.13 		Subd. 12.Nonexclusionary disciplinary policies and practices; alternatives to pupil 
34.14 	removal and dismissal. "Nonexclusionary disciplinary policies and practices" means 
34.15 	policies and practices that are alternatives to removing a pupil from class or dismissing a 
34.16 	pupil from school, including evidence-based positive behavior interventions and supports, 
34.17 	social and emotional services, school-linked mental health services, counseling services, 
34.18 	social work services, referrals for special education or 504 evaluations, academic screening 
34.19 	for Title 1 services or reading interventions, and alternative education services. 
34.20 	Nonexclusionary disciplinary policies and practices require school officials to intervene in, 
34.21 	redirect, and support a pupil's behavior before removing a pupil from class or beginning 
34.22 	dismissal proceedings. Nonexclusionary disciplinary policies and practices include but are 
34.23 	not limited to the policies and practices under sections 120B.12; 121A.575, clauses (1) and 
34.24 	(2); 121A.031, subdivision 4, paragraph (a), clause (1); 121A.61, subdivision 3, paragraph 
34.25 	(q); 122A.627, clause (3); and 123A.56.

34.26 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

34.27 	Sec. 11. Minnesota Statutes 2020, section 121A.41, is amended by adding a subdivision 
34.28 	to read:
34.29 		Subd. 13.Pupil withdrawal agreement. "Pupil withdrawal agreement" means a verbal 
34.30 	or written agreement between a school administrator or district administrator and a pupil's 
34.31 	parent to withdraw a student from the school district to avoid expulsion or exclusion dismissal 
34.32 	proceedings. The duration of the withdrawal agreement cannot be for more than a 12-month 
34.33 	period.

35.1 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

35.2 	Sec. 12. Minnesota Statutes 2020, section 121A.425, is amended to read:
35.3 	121A.425 FULL AND EQUITABLE PARTICIPATION IN PRESCHOOL AND 
35.4 	PREKINDERGARTEN EARLY LEARNING.
35.5 		Subdivision 1.Disciplinary dismissals prohibited. (a) A pupil enrolled in the following 
35.6 	is not subject to dismissals under this chapter:
35.7 	(1) a preschool or prekindergarten program, including a child participating in an early 
35.8 	childhood family education, school readiness, school readiness plus, voluntary 
35.9 	prekindergarten, Head Start, or other school-based preschool or prekindergarten program, 
35.10 	may not be subject to dismissals under this chapter.; or
35.11 	(2) kindergarten through grade 3.
35.12 	(b) Notwithstanding this subdivision, expulsions and exclusions may be used only after 
35.13 	resources outlined in subdivision 2 have been exhausted, and only in circumstances where 
35.14 	there is an ongoing serious safety threat to the child or others.
35.15 		Subd. 2.Nonexclusionary discipline. For purposes of this section, nonexclusionary 
35.16 	discipline must include at least one of the following:
35.17 	(1) collaborating with the pupil's family or guardian, child mental health consultant or 
35.18 	provider, education specialist, or other community-based support;
35.19 	(2) creating a plan, written with the parent or guardian, that details the action and support 
35.20 	needed for the pupil to fully participate in the current educational program, including a 
35.21 	preschool or prekindergarten program; or
35.22 	(3) providing a referral for needed support services, including parenting education, home 
35.23 	visits, other supportive education interventions, or, where appropriate, an evaluation to 
35.24 	determine if the pupil is eligible for special education services or section 504 services.

35.25 	Sec. 13. Minnesota Statutes 2020, section 121A.45, subdivision 1, is amended to read:
35.26 		Subdivision 1.Provision of alternative programs. No school shall dismiss any pupil 
35.27 	without attempting to provide alternative educational services use nonexclusionary 
35.28 	disciplinary policies and practices before dismissal proceedings or pupil withdrawal 
35.29 	agreements, except where it appears that the pupil will create an immediate and substantial 
35.30 	danger to self or to surrounding persons or property.

35.31 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

36.1 	Sec. 14. Minnesota Statutes 2020, section 121A.46, subdivision 4, is amended to read:
36.2 		Subd. 4.Provision of alternative education services; suspension pending expulsion 
36.3 	or exclusion hearing. (a) Alternative education services must be provided to a pupil who 
36.4 	is suspended for more than five consecutive school days.
36.5 	(b) Notwithstanding the provisions of subdivisions 1 and 3, the pupil may be suspended 
36.6 	pending the school board's decision in the expulsion or exclusion hearing; provided that 
36.7 	alternative educational services are implemented to the extent that suspension exceeds five 
36.8 	consecutive school days.

36.9 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

36.10 	Sec. 15. Minnesota Statutes 2020, section 121A.46, is amended by adding a subdivision 
36.11 	to read:
36.12 		Subd. 5.Minimum education services. School administration must allow a suspended 
36.13 	pupil the opportunity to complete all school work assigned during the period of the pupil's 
36.14 	suspension and to receive full credit for satisfactorily completing the assignments. The 
36.15 	school principal or other person having administrative control of the school building or 
36.16 	program is encouraged to designate a district or school employee as a liaison to work with 
36.17 	the pupil's teachers to allow the suspended pupil to (1) receive timely course materials and 
36.18 	other information, and (2) complete daily and weekly assignments and receive teachers' 
36.19 	feedback.

36.20 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

36.21 	Sec. 16. Minnesota Statutes 2020, section 121A.47, subdivision 2, is amended to read:
36.22 		Subd. 2.Written notice. Written notice of intent to take action shall:
36.23 	(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;
36.24 	(b) contain a complete statement of the facts, a list of the witnesses and a description of 
36.25 	their testimony;
36.26 	(c) state the date, time, and place of the hearing;
36.27 	(d) be accompanied by a copy of sections 121A.40 to 121A.56;
36.28 	(e) describe alternative educational services the nonexclusionary disciplinary practices
36.29 	accorded the pupil in an attempt to avoid the expulsion proceedings; and
36.30 	(f) inform the pupil and parent or guardian of the right to:
37.1 	(1) have a representative of the pupil's own choosing, including legal counsel, at the 
37.2 	hearing. The district shall must advise the pupil's parent or guardian that free or low-cost 
37.3 	legal assistance may be available and that a legal assistance resource list is available from 
37.4 	the Department of Education and is posted on their website;
37.5 	(2) examine the pupil's records before the hearing;
37.6 	(3) present evidence; and
37.7 	(4) confront and cross-examine witnesses.

37.8 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

37.9 	Sec. 17. Minnesota Statutes 2020, section 121A.47, subdivision 14, is amended to read:
37.10 		Subd. 14.Admission or readmission plan. (a) A school administrator shall must prepare 
37.11 	and enforce an admission or readmission plan for any pupil who is excluded or expelled 
37.12 	from school. The plan may must include measures to improve the pupil's behavior, including
37.13 	which may include completing a character education program, consistent with section 
37.14 	120B.232, subdivision 1, andsocial and emotional learning, counseling, social work services, 
37.15 	mental health services, referrals for special education or 504 evaluation, and evidence-based 
37.16 	academic interventions. The plan must require parental involvement in the admission or 
37.17 	readmission process, and may indicate the consequences to the pupil of not improving the 
37.18 	pupil's behavior.
37.19 	(b) The definition of suspension under section 121A.41, subdivision 10, does not apply 
37.20 	to a student's dismissal from school for one school day or less than one school day, except 
37.21 	as provided under federal law for a student with a disability. Each suspension action may 
37.22 	include a readmission plan. A readmission plan must provide, where appropriate, alternative 
37.23 	education services, which must not be used to extend the student's current suspension period. 
37.24 	Consistent with section 125A.091, subdivision 5, a readmission plan must not obligate a 
37.25 	parent or guardian to provide psychotropic drugs to their student as a condition of 
37.26 	readmission. School officials must not use the refusal of a parent or guardian to consent to 
37.27 	the administration of psychotropic drugs to their student or to consent to a psychiatric 
37.28 	evaluation, screening or examination of the student as a ground, by itself, to prohibit the 
37.29 	student from attending class or participating in a school-related activity, or as a basis of a 
37.30 	charge of child abuse, child neglect or medical or educational neglect.

37.31 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

38.1 	Sec. 18. Minnesota Statutes 2020, section 121A.53, subdivision 1, is amended to read:
38.2 		Subdivision 1.Exclusions and expulsions; student withdrawals; physical 
38.3 	assaults. Consistent with subdivision 2, the school board must report through the department 
38.4 	electronic reporting system each exclusion or expulsion and, each physical assault of a 
38.5 	district employee by a student pupil, and each pupil withdrawal agreement within 30 days 
38.6 	of the effective date of the dismissal action, pupil withdrawal, or assault, to the commissioner 
38.7 	of education. This report must include a statement of alternative educational services
38.8 	nonexclusionary disciplinary practices, or other sanction, intervention, or resolution in 
38.9 	response to the assault given the pupil and the reason for, the effective date, and the duration 
38.10 	of the exclusion or expulsion or other sanction, intervention, or resolution. The report must 
38.11 	also include the student's pupil's age, grade, gender, race, and special education status.

38.12 	EFFECTIVE DATE. This section is effective for the 2022-2023 school year and later.

38.13 	Sec. 19. Minnesota Statutes 2020, section 121A.55, is amended to read:
38.14 	121A.55 POLICIES TO BE ESTABLISHED.
38.15 	(a) The commissioner of education shall must promulgate guidelines to assist each school 
38.16 	board. Each school board shall must establish uniform criteria for dismissal and adopt written 
38.17 	policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies 
38.18 	shall must include nonexclusionary disciplinary policies and practices consistent with section 
38.19 	121A.41, subdivision 12, and must emphasize preventing dismissals through early detection 
38.20 	of problems and shall. The policies must be designed to address students' inappropriate 
38.21 	behavior from recurring.
38.22 	(b) The policies shall must recognize the continuing responsibility of the school for the 
38.23 	education of the pupil during the dismissal period.
38.24 	(c) The school is responsible for ensuring that alternative educational services, if the 
38.25 	pupil wishes to take advantage of them, must be adequate to allow the pupil to make progress 
38.26 	towards toward meeting the graduation standards adopted under section 120B.02 and help 
38.27 	prepare the pupil for readmission in accordance with section 121A.46, subdivision 5.
38.28 	(d) For expulsion and exclusion dismissals and pupil withdrawal agreements as defined 
38.29 	in section 121A.41, subdivision 13:
38.30 	(1) a school district's continuing responsibility includes reviewing the pupil's school 
38.31 	work and grades on a quarterly basis to ensure the pupil is on track for readmission with 
38.32 	the pupil's peers. School districts must communicate on a regular basis with the pupil's 
39.1 	parent or guardian to ensure the pupil is completing the work assigned through the alternative 
39.2 	educational services;
39.3 	(2) a pupil receiving school-based or school-linked mental health services in the district 
39.4 	under section 245.4889 continues to be eligible for those services until the pupil is enrolled 
39.5 	in a new district; and
39.6 	(3) a school district must provide to the pupil's parent or guardian information on 
39.7 	accessing mental health services, including any free or sliding fee providers in the 
39.8 	community. The information must also be posted on the district or charter school website.
39.9 	(b) (e) An area learning center under section 123A.05 may not prohibit an expelled or 
39.10 	excluded pupil from enrolling solely because a district expelled or excluded the pupil. The 
39.11 	board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to 
39.12 	exclude a pupil or to require an admission plan.
39.13 	(c) (f) Each school district shall develop a policy and report it to the commissioner on 
39.14 	the appropriate use of peace officers and crisis teams to remove students who have an 
39.15 	individualized education program from school grounds.

39.16 	EFFECTIVE DATE.  This section is effective for the 2022-2023 school year and later.

39.17 	Sec. 20. Minnesota Statutes 2020, section 121A.61, subdivision 1, is amended to read:
39.18 		Subdivision 1.Required policy. Each school board must adopt a written districtwide 
39.19 	school discipline policy which includes written rules of conduct for students, minimum 
39.20 	consequences for violations of the rules, and grounds and procedures for removal of a student 
39.21 	from class. The policy must contain the discipline complaint procedure that any member 
39.22 	of the school community may use to file a complaint regarding the application of discipline 
39.23 	policies and seek corrective action. The policy must be developed in consultation with 
39.24 	administrators, teachers, employees, pupils, parents, community members, law enforcement 
39.25 	agencies, county attorney offices, social service agencies, and such other individuals or 
39.26 	organizations as the board determines appropriate. A school site council may adopt additional 
39.27 	provisions to the policy subject to the approval of the school board.

39.28 	Sec. 21. Minnesota Statutes 2020, section 121A.61, subdivision 3, is amended to read:
39.29 		Subd. 3.Policy components. The policy must include at least the following components:
39.30 	(a) rules governing student conduct and procedures for informing students of the rules;
39.31 	(b) the grounds for removal of a student from a class;
40.1 	(c) the authority of the classroom teacher to remove students from the classroom pursuant 
40.2 	to procedures and rules established in the district's policy;
40.3 	(d) the procedures for removal of a student from a class by a teacher, school administrator, 
40.4 	or other school district employee;
40.5 	(e) the period of time for which a student may be removed from a class, which may not 
40.6 	exceed five class periods for a violation of a rule of conduct;
40.7 	(f) provisions relating to the responsibility for and custody of a student removed from 
40.8 	a class;
40.9 	(g) the procedures for return of a student to the specified class from which the student 
40.10 	has been removed;
40.11 	(h) the procedures for notifying a student and the student's parents or guardian of 
40.12 	violations of the rules of conduct and of resulting disciplinary actions;
40.13 	(i) any procedures determined appropriate for encouraging early involvement of parents 
40.14 	or guardians in attempts to improve a student's behavior;
40.15 	(j) any procedures determined appropriate for encouraging early detection of behavioral 
40.16 	problems;
40.17 	(k) any procedures determined appropriate for referring a student in need of special 
40.18 	education services to those services;
40.19 	(l) any procedures determined appropriate for ensuring victims of bullying who respond 
40.20 	with behavior not allowed under the school's behavior policies have access to a remedial 
40.21 	response, consistent with section 121A.031;
40.22 	(l) (m) the procedures for consideration of whether there is a need for a further assessment 
40.23 	or of whether there is a need for a review of the adequacy of a current individualized 
40.24 	education program of a student with a disability who is removed from class;
40.25 	(m) (n) procedures for detecting and addressing chemical abuse problems of a student 
40.26 	while on the school premises;
40.27 	(n) (o) the minimum consequences for violations of the code of conduct;
40.28 	(o) (p) procedures for immediate and appropriate interventions tied to violations of the 
40.29 	code;
41.1 	(p) (q) a provision that states that a teacher, school employee, school bus driver, or other 
41.2 	agent of a district may use reasonable force in compliance with section 121A.582 and other 
41.3 	laws;
41.4 	(q) (r) an agreement regarding procedures to coordinate crisis services to the extent funds 
41.5 	are available with the county board responsible for implementing sections 245.487 to 
41.6 	245.4889 for students with a serious emotional disturbance or other students who have an 
41.7 	individualized education program whose behavior may be addressed by crisis intervention; 
41.8 	and
41.9 	(r) (s) a provision that states a student must be removed from class immediately if the 
41.10 	student engages in assault or violent behavior. For purposes of this paragraph, "assault" has 
41.11 	the meaning given it in section 609.02, subdivision 10. The removal shall be for a period 
41.12 	of time deemed appropriate by the principal, in consultation with the teacher.;
41.13 	(t) a prohibition on the use of exclusionary practices for early learners as defined in 
41.14 	section 121A.425; and
41.15 	(u) a prohibition on the use of exclusionary practices to address attendance and truancy 
41.16 	issues.

41.17 	Sec. 22. Minnesota Statutes 2020, section 121A.61, is amended by adding a subdivision 
41.18 	to read:
41.19 		Subd. 4.Discipline complaint procedure. The discipline policy must contain procedures 
41.20 	for students, parents and other guardians, and school staff to file a complaint and seek 
41.21 	corrective action when the requirements of sections 121A.40 to 121A.61, including the 
41.22 	implementation of the local behavior and discipline policies, are not being implemented 
41.23 	appropriately or are being discriminately applied. Each district and school policy implemented 
41.24 	under this section must, at a minimum:
41.25 	(1) provide procedures for communicating this policy including the ability for a parent 
41.26 	to appeal a decision under section 121A.49 that contains explicit instructions for filing the 
41.27 	complaint;
41.28 	(2) provide an opportunity for involved parties to submit additional information related 
41.29 	to the complaint;
41.30 	(3) provide a procedure to begin to investigate complaints within three school days of 
41.31 	receipt, and identify personnel who will manage the investigation and any resulting record 
41.32 	and are responsible for keeping and regulating access to any record;
42.1 	(4) provide procedures for issuing a written determination to the complainant that 
42.2 	addresses each allegation and contains findings and conclusions;
42.3 	(5) if the investigation finds the requirements of sections 121A.40 to 121A.61, including 
42.4 	any local policies that were not implemented appropriately, contain procedures that require 
42.5 	a corrective action plan to correct a student's record and provide relevant staff with training, 
42.6 	coaching, or other accountability practices to ensure appropriate compliance with policies 
42.7 	in the future; and
42.8 	(6) prohibit reprisals or retaliation against any person who asserts, alleges, or reports a 
42.9 	complaint, and provide procedures for applying appropriate consequences for a person who 
42.10 	engages in reprisal or retaliation.

42.11 	Sec. 23. Minnesota Statutes 2020, section 124D.74, is amended by adding a subdivision 
42.12 	to read:
42.13 		Subd. 7.American Indian culture and language classes. Any district or participating 
42.14 	school that conducts American Indian education programs pursuant to sections 124D.71 to 
42.15 	124D.82 and serves 100 or more state-identified American Indian students enrolled in the 
42.16 	district must provide American Indian culture and language classes.

42.17 	Sec. 24. Minnesota Statutes 2020, section 124D.76, is amended to read:
42.18 	124D.76 COMMUNITY COORDINATORS, INDIAN HOME/SCHOOL LIAISONS
42.19 	AMERICAN INDIAN EDUCATION PROGRAM COORDINATORS, 
42.20 	PARAPROFESSIONALS.
42.21 	In addition to employing American Indian language and culture education teachers, each 
42.22 	district or participating school providing programs pursuant to sections 124D.71 to 124D.82
42.23 	may employ paraprofessionals. Paraprofessionals must not be employed for the purpose of 
42.24 	supplanting American Indian language and culture education teachers.
42.25 	Any district or participating school which that conducts American Indian education 
42.26 	programs pursuant to sections 124D.71 to 124D.82 must employ one or more full-time or 
42.27 	part-time community coordinators or Indian home/school liaisons if there are dedicated 
42.28 	American Indian education program coordinators in a district with 100 or more 
42.29 	state-identified American Indian students enrolled in the district. Community coordinators 
42.30 	shall A dedicated American Indian education program coordinator must promote 
42.31 	communication, understanding, and cooperation between the schools and the community 
43.1 	and shall must visit the homes of children who are to be enrolled in an American Indian 
43.2 	education program in order to convey information about the program.

43.3 	Sec. 25. Minnesota Statutes 2020, section 124D.78, is amended to read:
43.4 	124D.78 PARENT AND COMMUNITY PARTICIPATION.
43.5 		Subdivision 1.Parent committee. School districts, charter schools, Tribal contract 
43.6 	schools, and their respective school boards and American Indian schools must provide for 
43.7 	the maximum involvement of parents of American Indian children enrolled in American 
43.8 	Indian education programs, programs for elementary and secondary grades, special education 
43.9 	programs, and support services. Accordingly, the board of a school district districts, charter 
43.10 	schools, and Tribal contract schools in which there are ten or more state-identified American 
43.11 	Indian students enrolled and each American Indian school must establish an American 
43.12 	Indian education Parent Advisory Committee. If a committee whose membership consists 
43.13 	of a majority of parents of American Indian children has been or is established according 
43.14 	to federal, tribal, or other state law, that committee may serve as the committee required by 
43.15 	this section and is subject to, at least, the requirements of this subdivision and subdivision 
43.16 	2.
43.17 	The American Indian education Parent Advisory Committee must develop its 
43.18 	recommendations in consultation with the curriculum advisory committee required by 
43.19 	section 120B.11, subdivision 3. This committee must afford parents the necessary information 
43.20 	and the opportunity effectively to express their views concerning all aspects of American 
43.21 	Indian education and the educational needs of the American Indian children enrolled in the 
43.22 	school or program. The school board or American Indian school Districts, charter schools, 
43.23 	and Tribal contract schools must ensure that programs are planned, operated, and evaluated 
43.24 	with the involvement of and in consultation with parents of the American Indian students 
43.25 	served by the programs.
43.26 		Subd. 2.Resolution of concurrence Annual compliance. Prior to March 1 of each 
43.27 	year, the school board or American Indian school must submit to the department a copy of 
43.28 	a resolution adopted by the American Indian education Parent Advisory Committee. The 
43.29 	copy must be signed by the chair of the committee and must state whether the committee 
43.30 	concurs with the educational programs for American Indian students offered by the school 
43.31 	board or American Indian school. If the committee does not concur with the educational 
43.32 	programs, the reasons for nonconcurrence and recommendations shall be submitted directly 
43.33 	to the school board with the resolution. By resolution, the board must respond in writing 
43.34 	within 60 days, in cases of nonconcurrence, to each recommendation made by the committee 
44.1 	and state its reasons for not implementing the recommendations. must meet to discuss 
44.2 	whether or not they concur with the educational offerings that have been extended by the 
44.3 	district to American Indian students. If the committee finds that the district, charter school, 
44.4 	Tribal contract school, and the school board have been meeting the needs of American 
44.5 	Indian students, the committee must issue a vote and resolution of concurrence. If the 
44.6 	committee finds that the needs of American Indian students are not being met, the committee 
44.7 	must issue a vote and resolution of nonconcurrence. The vote and resolution must be 
44.8 	presented to the school board by one or more members of the American Indian Parent 
44.9 	Advisory Committee. The vote must be formally reflected on documentation provided by 
44.10 	the Department of Education and must be submitted annually on March 1. If the vote is one 
44.11 	of nonconcurrence, the committee must provide written recommendations for improvement 
44.12 	to the school board at the time of the presentation. In the case of nonconcurrence, the school 
44.13 	board is given 60 days in which to respond, in writing, to the committee's recommendations. 
44.14 	The board response must be signed by the entire school board and submitted to both the 
44.15 	American Indian Parent Advisory Committee and to the Department of Education.
44.16 		Subd. 3.Membership. The American Indian education Parent Advisory Committee 
44.17 	must be composed of parents or guardians of American Indian children eligible to be enrolled 
44.18 	in American Indian education programs; American Indian secondary students eligible to 
44.19 	be served; American Indian family members of students eligible to be enrolled in American 
44.20 	Indian education programs; American Indian language and culture education teachers and 
44.21 	paraprofessionals; American Indian teachers; American Indian district employees; American 
44.22 	Indian counselors; adult American Indian people enrolled in educational programs; and 
44.23 	representatives from community groups American Indian community members. A The
44.24 	majority of each committee must be parents or guardians of American Indian children 
44.25 	enrolled or eligible to be enrolled in the programs. The number of parents of American 
44.26 	Indian and non-American Indian children shall reflect approximately the proportion of 
44.27 	children of those groups enrolled in the programs.
44.28 		Subd. 4.Alternate committee. If the organizational membership or the board of directors 
44.29 	of an American Indiana Tribal contract school consists of parents of children attending the 
44.30 	school, that membership or board may serve also as the American Indian education Parent 
44.31 	Advisory Committee.
44.32 		Subd. 5.State-identified American Indian. For the purposes of sections 124D.71 to 
44.33 	124D.82, students who identify as American Indian or Alaska Native, using the state 
44.34 	definition in effect on October 1 of the previous school year, will be used to determine the 
45.1 	state-identified American Indian student counts for districts, charter schools, and Tribal 
45.2 	contract schools for the subsequent school year.

45.3 	Sec. 26. Minnesota Statutes 2020, section 124D.791, subdivision 4, is amended to read:
45.4 		Subd. 4.Duties; powers. The American Indian education director shall:
45.5 	(1) serve as the liaison for the departmentwork collaboratively and in conjunction with 
45.6 	the Tribal Liaison, the Tribal Nations Education Committee, the 11 Tribal communities
45.7 	Nations in Minnesota, the Minnesota Chippewa Tribe, and the Minnesota Indian Affairs 
45.8 	Council;
45.9 	(2) evaluate the state of American Indian education in Minnesota;
45.10 	(3) engage the tribal bodies, community groups, parents of children eligible to be served 
45.11 	by American Indian education programs, American Indian administrators and teachers, 
45.12 	persons experienced in the training of teachers for American Indian education programs, 
45.13 	the tribally controlled schools, and other persons knowledgeable in the field of American 
45.14 	Indian education and seek their advice on policies that can improve the quality of American 
45.15 	Indian education;
45.16 	(4) advise the commissioner on American Indian education issues, including:
45.17 	(i) issues facing American Indian students;
45.18 	(ii) policies for American Indian education;
45.19 	(iii) awarding scholarships to eligible American Indian students and in administering 
45.20 	the commissioner's duties regarding awarding of American Indian education grants to school 
45.21 	districts; and
45.22 	(iv) administration of the commissioner's duties under sections 124D.71 to 124D.82 and 
45.23 	other programs for the education of American Indian people;
45.24 	(5) propose to the commissioner legislative changes that will improve the quality of 
45.25 	American Indian education;
45.26 	(6) develop a strategic plan and a long-term framework for American Indian education, 
45.27 	in conjunction with the Minnesota Indian Affairs Council, that is updated every five years 
45.28 	and implemented by the commissioner, with goals to:
45.29 	(i) increase American Indian student achievement, including increased levels of 
45.30 	proficiency and growth on statewide accountability assessments;
45.31 	(ii) increase the number of American Indian teachers in public schools;
46.1 	(iii) close the achievement gap between American Indian students and their more 
46.2 	advantaged peers;
46.3 	(iv) increase the statewide graduation rate for American Indian students; and
46.4 	(v) increase American Indian student placement in postsecondary programs and the 
46.5 	workforce; and
46.6 	(7) keep the American Indian community informed about the work of the department 
46.7 	by reporting to the Tribal Nations Education Committee at each committee meeting.

46.8 	Sec. 27. [124D.792] GRADUATION CEREMONIES; TRIBAL REGALIA AND 
46.9 	OBJECTS OF CULTURAL SIGNIFICANCE.
46.10 	A school district or charter school must not prohibit an American Indian student from 
46.11 	wearing American Indian regalia, Tribal regalia, or objects of cultural significance at 
46.12 	graduation ceremonies.

46.13 	Sec. 28. Minnesota Statutes 2020, section 125A.094, is amended to read:
46.14 	125A.094 RESTRICTIVE PROCEDURES FOR CHILDREN WITH 
46.15 	DISABILITIES.
46.16 	The use of restrictive procedures for children with disabilities for all pupils attending 
46.17 	public school is governed by sections 125A.0941 and 125A.0942.

46.18 	Sec. 29. Minnesota Statutes 2020, section 125A.0942, subdivision 1, is amended to read:
46.19 		Subdivision 1.Restrictive procedures plan. (a) Schools that intend to use restrictive 
46.20 	procedures shall maintain and make publicly accessible in an electronic format on a school 
46.21 	or district website or make a paper copy available upon request describing a restrictive 
46.22 	procedures plan for children with disabilities that at least:
46.23 	(1) lists the restrictive procedures the school intends to use;
46.24 	(2) describes how the school will implement a range of positive behavior strategies and 
46.25 	provide links to mental health services;
46.26 	(3) describes how the school will provide training on de-escalation techniques, consistent 
46.27 	with section 122A.187, subdivision 4;
46.28 	(4) describes how the school will monitor and review the use of restrictive procedures, 
46.29 	including:
47.1 	(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a), clause 
47.2 	(5); and
47.3 	(ii) convening an oversight committee to undertake a quarterly review of the use of 
47.4 	restrictive procedures based on patterns or problems indicated by similarities in the time of 
47.5 	day, day of the week, duration of the use of a procedure, the individuals involved, or other 
47.6 	factors associated with the use of restrictive procedures; the number of times a restrictive 
47.7 	procedure is used schoolwide and for individual children; the number and types of injuries, 
47.8 	if any, resulting from the use of restrictive procedures; whether restrictive procedures are 
47.9 	used in nonemergency situations; the need for additional staff training; the use of restrictive 
47.10 	procedures for disproportionality, racial disparities, in the usage of restrictive procedures; 
47.11 	the usage of school resource officer's handling of the behaviors; student documentation to 
47.12 	determine if the staff followed the standards for using restrictive procedures and if there is 
47.13 	updated information about whether the restrictive procedures are contraindicated for the 
47.14 	particular student; and proposed actions to minimize the use of restrictive procedures; and
47.15 	(5) includes a written description and documentation of the training staff completed 
47.16 	under subdivision 5.
47.17 	(b) Schools annually must publicly identify oversight committee members who must at 
47.18 	least include:
47.19 	(1) a mental health professional, school psychologist, or school social worker;
47.20 	(2) an expert in positive behavior strategies;
47.21 	(3) a special education administrator; and
47.22 	(4) a general education administrator.

47.23 	Sec. 30. Minnesota Statutes 2020, section 125A.0942, subdivision 2, is amended to read:
47.24 		Subd. 2.Restrictive procedures. (a) Restrictive procedures may be used only by a 
47.25 	licensed special education teacher, school social worker, school psychologist, behavior 
47.26 	analyst certified by the National Behavior Analyst Certification Board, a person with a 
47.27 	master's degree in behavior analysis, other licensed education professional, paraprofessional 
47.28 	under section 120B.363, or mental health professional under section 245.4871, subdivision 
47.29 	27, who has completed the training program under subdivision 5.
47.30 	(b) A school shall make reasonable efforts to notify the parent on the same day a 
47.31 	restrictive procedure is used on the child, or if the school is unable to provide same-day 
48.1 	notice, notice is sent within two days by written or electronic means or as otherwise indicated 
48.2 	by the child's parent under paragraph (f).
48.3 	(c) The district must hold a meeting of the individualized education program team, if 
48.4 	the student is a student with a disability, or a meeting of relevant members of the student's 
48.5 	team, including the parent, if the student is not a student with a disability, conduct or review 
48.6 	a functional behavioral analysis, review data, consider developing additional or revised 
48.7 	positive behavioral interventions and supports, consider actions to reduce the use of restrictive 
48.8 	procedures, and modify the individualized education program or behavior intervention plan 
48.9 	as appropriate. The district must hold the meeting: within ten calendar days after district 
48.10 	staff use restrictive procedures on two separate school days within 30 calendar days or a 
48.11 	pattern of use emerges and the child's individualized education program or behavior 
48.12 	intervention plan does not provide for using restrictive procedures in an emergency; or at 
48.13 	the request of a parent or the district after restrictive procedures are used. The district must 
48.14 	review use of restrictive procedures at a child's annual individualized education program 
48.15 	meeting when the child's individualized education program provides for using restrictive 
48.16 	procedures in an emergency.
48.17 	(d) If the individualized education program meeting team under paragraph (c) determines 
48.18 	that existing interventions and supports are ineffective in reducing the use of restrictive 
48.19 	procedures or the district uses restrictive procedures on a child on ten or more school days 
48.20 	during the same school year, the team, as appropriate, either must consult with other 
48.21 	professionals working with the child; consult with experts in behavior analysis, mental 
48.22 	health, communication, or autism; consult with culturally competent professionals; review 
48.23 	existing evaluations, resources, and successful strategies; or consider whether to reevaluate 
48.24 	the child.
48.25 	(e) At the individualized education program meeting under paragraph (c), the team must 
48.26 	review any known medical or psychological limitations, including any medical information 
48.27 	the parent provides voluntarily, that contraindicate the use of a restrictive procedure, consider 
48.28 	whether to prohibit that restrictive procedure, and document any prohibition in the 
48.29 	individualized education program or behavior intervention plan.
48.30 	(f) An individualized education program team may plan for using restrictive procedures 
48.31 	and may include these procedures in a child's individualized education program or behavior 
48.32 	intervention plan; however, the restrictive procedures may be used only in response to 
48.33 	behavior that constitutes an emergency, consistent with this section. The individualized 
48.34 	education program or behavior intervention plan shall indicate how the parent wants to be 
48.35 	notified when a restrictive procedure is used.

49.1 	Sec. 31. Minnesota Statutes 2020, section 125A.0942, subdivision 3, is amended to read:
49.2 		Subd. 3.Physical holding or seclusion. (a) Physical holding or seclusion may be used 
49.3 	only in an emergency. A school that uses physical holding or seclusion shall meet the 
49.4 	following requirements:
49.5 	(1) physical holding or seclusion is the least intrusive intervention that effectively 
49.6 	responds to the emergency;
49.7 	(2) physical holding or seclusion is not used to discipline a noncompliant child;
49.8 	(3) physical holding or seclusion ends when the threat of harm ends and the staff 
49.9 	determines the child can safely return to the classroom or activity;
49.10 	(4) staff directly observes the child while physical holding or seclusion is being used;
49.11 	(5) each time physical holding or seclusion is used, the staff person who implements or 
49.12 	oversees the physical holding or seclusion documents, as soon as possible after the incident 
49.13 	concludes, the following information:
49.14 	(i) a description of the incident that led to the physical holding or seclusion;
49.15 	(ii) why a less restrictive measure failed or was determined by staff to be inappropriate 
49.16 	or impractical;
49.17 	(iii) the time the physical holding or seclusion began and the time the child was released; 
49.18 	and
49.19 	(iv) a brief record of the child's behavioral and physical status; and
49.20 	(v) a brief description of the post-use debriefing process that occurred following the use 
49.21 	of the restrictive procedure;
49.22 	(6) the room used for seclusion must:
49.23 	(i) be at least six feet by five feet;
49.24 	(ii) be well lit, well ventilated, adequately heated, and clean;
49.25 	(iii) have a window that allows staff to directly observe a child in seclusion;
49.26 	(iv) have tamperproof fixtures, electrical switches located immediately outside the door, 
49.27 	and secure ceilings;
49.28 	(v) have doors that open out and are unlocked, locked with keyless locks that have 
49.29 	immediate release mechanisms, or locked with locks that have immediate release mechanisms 
49.30 	connected with a fire and emergency system; and
50.1 	(vi) not contain objects that a child may use to injure the child or others; and
50.2 	(7) before using a room for seclusion, a school must:
50.3 	(i) receive written notice from local authorities that the room and the locking mechanisms 
50.4 	comply with applicable building, fire, and safety codes; and
50.5 	(ii) register the room with the commissioner, who may view that room.
50.6 	(b) By February 1, 2015, and annually thereafter, stakeholders may, as necessary, 
50.7 	recommend to the commissioner specific and measurable implementation and outcome 
50.8 	goals for reducing the use of restrictive procedures and the commissioner must submit to 
50.9 	the legislature a report on districts' progress in reducing the use of restrictive procedures 
50.10 	that recommends how to further reduce these procedures and eliminate the use of seclusion. 
50.11 	The statewide plan includes the following components: measurable goals; the resources, 
50.12 	training, technical assistance, mental health services, and collaborative efforts needed to 
50.13 	significantly reduce districts' use of seclusion; and recommendations to clarify and improve 
50.14 	the law governing districts' use of restrictive procedures. The commissioner must consult 
50.15 	with interested stakeholders when preparing the report, including representatives of advocacy 
50.16 	organizations, special education directors, teachers, paraprofessionals, intermediate school 
50.17 	districts, school boards, day treatment providers, county social services, state human services 
50.18 	department staff, mental health professionals, and autism experts. Beginning with the 
50.19 	2016-2017 school year, in a form and manner determined by the commissioner, districts 
50.20 	must report data quarterly to the department by January 15, April 15, July 15, and October 
50.21 	15 about individual students who have been secluded. By July 15 each year, districts must 
50.22 	report summary data on their use of restrictive procedures to the department for the prior 
50.23 	school year, July 1 through June 30, in a form and manner determined by the commissioner. 
50.24 	The summary data must include information about the use of restrictive procedures, including 
50.25 	use of reasonable force under section 121A.582.

50.26 	Sec. 32. Minnesota Statutes 2020, section 125A.0942, subdivision 4, is amended to read:
50.27 		Subd. 4.Prohibitions. The following actions or procedures are prohibited:
50.28 	(1) engaging in conduct prohibited under section 121A.58;
50.29 	(2) requiring a child to assume and maintain a specified physical position, activity, or 
50.30 	posture that induces physical pain;
50.31 	(3) totally or partially restricting a child's senses as punishment;
51.1 	(4) presenting an intense sound, light, or other sensory stimuli using smell, taste, 
51.2 	substance, or spray as punishment;
51.3 	(5) denying or restricting a child's access to equipment and devices such as walkers, 
51.4 	wheelchairs, hearing aids, and communication boards that facilitate the child's functioning, 
51.5 	except when temporarily removing the equipment or device is needed to prevent injury to 
51.6 	the child or others or serious damage to the equipment or device, in which case the equipment 
51.7 	or device shall be returned to the child as soon as possible;
51.8 	(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or physical 
51.9 	abuse under chapter 260E;
51.10 	(7) withholding regularly scheduled meals or water;
51.11 	(8) denying access to bathroom facilities;
51.12 	(9) physical holding that restricts or impairs a child's ability to breathe, restricts or impairs 
51.13 	a child's ability to communicate distress, places pressure or weight on a child's head, throat, 
51.14 	neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child's 
51.15 	torso; and
51.16 	(10) prone restraint.; and
51.17 	(11) utilizing a restrictive procedure on any child under the age of 5.

51.18 	Sec. 33. Minnesota Statutes 2020, section 144.4165, is amended to read:
51.19 	144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
51.20 	(a) No person shall at any time smoke, chew, or otherwise ingest tobacco, or carry or 
51.21 	use an activated electronic delivery device as defined in section 609.685, subdivision 1, in 
51.22 	a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or in a charter 
51.23 	school governed by chapter 124E. This prohibition extends to all facilities, whether owned, 
51.24 	rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or 
51.25 	controls.
51.26 	(b) Nothing in this section shall prohibit the lighting of tobacco by an adult as a part of 
51.27 	a traditional Indian spiritual or cultural ceremony. An American Indian student may carry 
51.28 	a medicine pouch containing loose tobacco intended in observance of traditional spiritual 
51.29 	or cultural practices. For purposes of this section, an Indian is a person who is a member 
51.30 	of an Indian tribe as defined in section 260.755, subdivision 12.

52.1 	ARTICLE 4
52.2 	HEALTH AND WELLNESS

52.3 	Section 1. Minnesota Statutes 2020, section 121A.031, subdivision 5, is amended to read:
52.4 		Subd. 5.Safe and supportive schools programming. (a) Districts and schools are 
52.5 	encouraged to provide developmentally appropriate programmatic instruction to help students 
52.6 	identify, prevent, and reduce prohibited conduct; value diversity in school and society; 
52.7 	develop and improve students' knowledge and skills for solving problems, managing conflict, 
52.8 	engaging in civil discourse, and recognizing, responding to, and reporting prohibited conduct; 
52.9 	and make effective prevention and intervention programs available to students. Upon request, 
52.10 	the school safety technical assistance center under section 127A.052 must assist a district 
52.11 	or school in helping students understand social media and cyberbullying. Districts and 
52.12 	schools must establish strategies for creating a positive school climate and use evidence-based 
52.13 	social-emotional learning to prevent and reduce discrimination and other improper conduct.
52.14 	(b) Districts and schools are encouraged to must:
52.15 	(1) engage all students in creating a safe and supportive school environment;
52.16 	(2) partner with parents and other community members to develop and implement 
52.17 	prevention and intervention programs;
52.18 	(3) engage all students and adults in integrating education, intervention, and other 
52.19 	remedial responses into the school environment;
52.20 	(4) train student bystanders to intervene in and report incidents of prohibited conduct to 
52.21 	the school's primary contact person;
52.22 	(5) teach students to advocate for themselves and others;
52.23 	(6) prevent inappropriate referrals to special education of students who may engage in 
52.24 	prohibited conduct; and
52.25 	(7) foster student collaborations that foster a safe and supportive school climate.

52.26 	Sec. 2. Minnesota Statutes 2020, section 121A.031, subdivision 6, is amended to read:
52.27 		Subd. 6.State model policy. (a) The commissioner, in consultation with the 
52.28 	commissioner of human rights, shall develop and maintain a state model policy. A district 
52.29 	or school that does not adopt and implement a local policy under subdivisions 3 to 5 must 
52.30 	implement and may supplement the provisions of the state model policy. The commissioner 
53.1 	must assist districts and schools under this subdivision to implement the state policy. The 
53.2 	state model policy must:
53.3 	(1) define prohibited conduct, consistent with this section;
53.4 	(2) apply the prohibited conduct policy components in this section;
53.5 	(3) for a child with a disability, whenever an evaluation by an individualized education 
53.6 	program team or a section 504 team indicates that the child's disability affects the child's 
53.7 	social skills development or the child is vulnerable to prohibited conduct because of the 
53.8 	child's disability, the child's individualized education program or section 504 plan may 
53.9 	address the skills and proficiencies the child needs to not engage in and respond to such 
53.10 	conduct; and
53.11 	(4) encourage violence prevention and character development education programs under 
53.12 	section 120B.232, subdivision 1.
53.13 	(b) The commissioner shall develop and post departmental procedures for:
53.14 	(1) periodically reviewing district and school programs and policies for compliance with 
53.15 	this section, including evidence-based social-emotional learning;
53.16 	(2) investigating, reporting, and responding to noncompliance with this section, which 
53.17 	may include an annual review of plans to improve and provide a safe and supportive school 
53.18 	climate; and
53.19 	(3) allowing students, parents, and educators to file a complaint about noncompliance 
53.20 	with the commissioner.
53.21 	(c) The commissioner must post on the department's website information indicating that 
53.22 	when districts and schools allow non-curriculum-related student groups access to school 
53.23 	facilities, the district or school must give all student groups equal access to the school 
53.24 	facilities regardless of the content of the group members' speech.
53.25 	(d) The commissioner must develop and maintain resources to help a district or school 
53.26 	to implement strategies to create a positive school climate and use evidence-based 
53.27 	social-emotional learning to prevent and reduce discrimination and other improper conduct.
53.28 	(e) The commissioner shall develop and adopt state-level standards for social, emotional, 
53.29 	and cognitive development.

54.1 	ARTICLE 5
54.2 	TEACHERS

54.3 	Section 1. Minnesota Statutes 2020, section 120B.11, subdivision 2, is amended to read:
54.4 		Subd. 2.Adopting plans and budgets. A school board, at a public meeting, shall must
54.5 	adopt a comprehensive, long-term strategic plan to support and improve teaching and 
54.6 	learning that is aligned with creating the world's best workforce and includes:
54.7 	(1) clearly defined district and school site goals and benchmarks for instruction and 
54.8 	student achievement for all student subgroups identified in section 120B.35, subdivision 3, 
54.9 	paragraph (b), clause (2);
54.10 	(2) a process to assess and evaluate each student's progress toward meeting state and 
54.11 	local academic standards, assess and identify students to participate in gifted and talented 
54.12 	programs and accelerate their instruction, and adopt early-admission procedures consistent 
54.13 	with section 120B.15, and identifying the strengths and weaknesses of instruction in pursuit 
54.14 	of student and school success and curriculum affecting students' progress and growth toward 
54.15 	career and college readiness and leading to the world's best workforce;
54.16 	(3) a system to periodically review and evaluate the effectiveness of all instruction and 
54.17 	curriculum, taking into account strategies and best practices, student outcomes, school 
54.18 	principal evaluations under section 123B.147, subdivision 3, students' access to effective 
54.19 	teachers who are members of populations underrepresented among the licensed teachers in 
54.20 	the district or school and who reflect the diversity of enrolled students under section 120B.35, 
54.21 	subdivision 3, paragraph (b), clause (2), and teacher evaluations under section 122A.40, 
54.22 	subdivision 8, or 122A.41, subdivision 5;
54.23 	(4) strategies for improving instruction, curriculum, and student achievement, including: 
54.24 	(i) the English and, where practicable, the native language development and the academic 
54.25 	achievement of English learners; and (ii) for all learners, access to culturally relevant or 
54.26 	ethnic studies curriculum using culturally responsive methodologies;
54.27 	(5) a process to examine the equitable distribution of teachers and strategies to ensure 
54.28 	children from low-income and minority children families, families of color, and American 
54.29 	Indian families are not taught at higher rates than other children by inexperienced, ineffective, 
54.30 	or out-of-field teachers;
54.31 	(6) education effectiveness practices that integrate high-quality instruction,; rigorous 
54.32 	curriculum,; technology,; inclusive and respectful learning and work environments for all 
54.33 	students, families, and employees; and a collaborative professional culture that develops 
55.1 	and supports retains qualified, racially and ethnically diverse staff effective at working with 
55.2 	diverse students while developing and supporting teacher quality, performance, and 
55.3 	effectiveness; and
55.4 	(7) an annual budget for continuing to implement the district plan.

55.5 	EFFECTIVE DATE. This section is effective for all strategic plans reviewed and 
55.6 	updated after the day of final enactment.

55.7 	Sec. 2. [120B.25] CURRICULUM POLICY.
55.8 	A school board must adopt a written policy that prohibits discrimination or discipline 
55.9 	for a teacher or principal on the basis of incorporating into curriculum contributions by 
55.10 	persons in a federally protected class or protected class under sections 121A.031 and 
55.11 	363A.13, consistent with local collective bargaining agreements and sections 121A.41 to 
55.12 	121A.56.

55.13 	Sec. 3. Minnesota Statutes 2020, section 122A.181, subdivision 5, is amended to read:
55.14 		Subd. 5.Limitations on license. (a) A Tier 1 license is limited to the content matter 
55.15 	indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and 
55.16 	limited to the district or charter school that requested the initial Tier 1 license.
55.17 	(b) A Tier 1 license does not bring an individual within the definition of a teacher for 
55.18 	purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).
55.19 	(c) A Tier 1 license does not bring an individual within the definition of a teacher under 
55.20 	section 179A.03, subdivision 18.

55.21 	Sec. 4. Minnesota Statutes 2020, section 122A.185, subdivision 1, is amended to read:
55.22 		Subdivision 1.Tests. (a) The Professional Educator Licensing and Standards Board 
55.23 	must adopt rules requiring a candidate to demonstrate a passing score on a board-adopted 
55.24 	examination of skills in reading, writing, and mathematics before being granted a Tier 4 
55.25 	teaching license under section 122A.184 to provide direct instruction to pupils in elementary, 
55.26 	secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or Tier 
55.27 	3 license to provide direct instruction to pupils in elementary, secondary, or special education 
55.28 	programs if candidates meet the other requirements in section 122A.181, 122A.182, or 
55.29 	122A.183, respectively.
55.30 	(b) (a) The board must adopt rules requiring candidates for Tier 3 and Tier 4 licenses to 
55.31 	pass an examination of general pedagogical knowledge and examinations of licensure field 
56.1 	specific content. The content examination requirement does not apply if no relevant content 
56.2 	exam exists.
56.3 	(c) (b) Candidates for initial Tier 3 and Tier 4 licenses to teach elementary students must 
56.4 	pass test items assessing the candidates' knowledge, skill, and ability in comprehensive, 
56.5 	scientifically based reading instruction under section 122A.06, subdivision 4, knowledge 
56.6 	and understanding of the foundations of reading development, development of reading 
56.7 	comprehension and reading assessment and instruction, and the ability to integrate that 
56.8 	knowledge and understanding into instruction strategies under section 122A.06, subdivision 
56.9 	4.
56.10 	(d) (c) The requirement to pass a board-adopted reading, writing, and mathematics skills 
56.11 	examination does not apply to nonnative English speakers, as verified by qualified Minnesota 
56.12 	school district personnel or Minnesota higher education faculty, who, after meeting the 
56.13 	content and pedagogy requirements under this subdivision, apply for a teaching license to 
56.14 	provide direct instruction in their native language or world language instruction under section 
56.15 	120B.022, subdivision 1.

56.16 	Sec. 5. Minnesota Statutes 2020, section 122A.40, subdivision 8, is amended to read:
56.17 		Subd. 8.Development, evaluation, and peer coaching for continuing contract 
56.18 	teachers. (a) To improve student learning and success, a school board and an exclusive 
56.19 	representative of the teachers in the district, consistent with paragraph (b), may develop a 
56.20 	teacher evaluation and peer review process for probationary and continuing contract teachers 
56.21 	through joint agreement. If a school board and the exclusive representative of the teachers 
56.22 	do not agree to an annual teacher evaluation and peer review process, then the school board 
56.23 	and the exclusive representative of the teachers must implement the state teacher evaluation 
56.24 	plan under paragraph (c). The process must include having trained observers serve as peer 
56.25 	coaches or having teachers participate in professional learning communities, consistent with 
56.26 	paragraph (b).
56.27 	(b) To develop, improve, and support qualified teachers and effective teaching practices, 
56.28 	improve student learning and success, and provide all enrolled students in a district or school 
56.29 	with improved and equitable access to more effective and diverse teachers, the annual 
56.30 	evaluation process for teachers:
56.31 	(1) must, for probationary teachers, provide for all evaluations required under subdivision 
56.32 	5;
57.1 	(2) must establish a three-year professional review cycle for each teacher that includes 
57.2 	an individual growth and development plan, a peer review process, and at least one 
57.3 	summative evaluation performed by a qualified and trained evaluator such as a school 
57.4 	administrator. For the years when a tenured teacher is not evaluated by a qualified and 
57.5 	trained evaluator, the teacher must be evaluated by a peer review;
57.6 	(3) must be based on professional teaching standards established in rule create, adopt, 
57.7 	or revise a rubric of performance standards for teacher practice that (i) is based on 
57.8 	professional teaching standards established in rule, (ii) includes culturally responsive 
57.9 	methodologies, and (iii) provides common descriptions of effectiveness using at least three 
57.10 	levels of performance;
57.11 	(4) must coordinate staff development activities under sections 122A.60 and 122A.61 
57.12 	with this evaluation process and teachers' evaluation outcomes;
57.13 	(5) may provide time during the school day and school year for peer coaching and teacher 
57.14 	collaboration;
57.15 	(6) may include job-embedded learning opportunities such as professional learning 
57.16 	communities;
57.17 	(7) may include mentoring and induction programs for teachers, including teachers who 
57.18 	are members of populations underrepresented among the licensed teachers in the district or 
57.19 	school and who reflect the diversity of students under section 120B.35, subdivision 3, 
57.20 	paragraph (b), clause (2), who are enrolled in the district or school;
57.21 	(8) must include an option for teachers to develop and present a portfolio demonstrating 
57.22 	evidence of reflection and professional growth, consistent with section 122A.187, subdivision 
57.23 	3, and include teachers' own performance assessment based on student work samples and 
57.24 	examples of teachers' work, which may include video among other activities for the 
57.25 	summative evaluation;
57.26 	(9) must use data from valid and reliable assessments aligned to state and local academic 
57.27 	standards and must use state and local measures of student growth and literacy that may 
57.28 	include value-added models or student learning goals to determine 35 percent of teacher 
57.29 	evaluation results;
57.30 	(10) must use longitudinal data on student engagement and connection, and other student 
57.31 	outcome measures explicitly aligned with the elements of curriculum for which teachers 
57.32 	are responsible, including academic literacy, oral academic language, and achievement of 
57.33 	content areas of English learners;
58.1 	(11) must require qualified and trained evaluators such as school administrators to 
58.2 	perform summative evaluations and ensure school districts and charter schools provide for 
58.3 	effective evaluator training specific to teacher development and evaluation;
58.4 	(12) must give teachers not meeting professional teaching standards under clauses (3) 
58.5 	through (11) support to improve through a teacher improvement process that includes 
58.6 	established goals and timelines; and
58.7 	(13) must discipline a teacher for not making adequate progress in the teacher 
58.8 	improvement process under clause (12) that may include a last chance warning, termination, 
58.9 	discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline 
58.10 	a school administrator determines is appropriate.
58.11 	Data on individual teachers generated under this subdivision are personnel data under 
58.12 	section 13.43. The observation and interview notes of peer coaches may only be disclosed 
58.13 	to other school officials with the consent of the teacher being coached.
58.14 	(c) The department, in consultation with parents who may represent parent organizations 
58.15 	and teacher and administrator representatives appointed by their respective organizations, 
58.16 	representing the Professional Educator Licensing and Standards Board, the Minnesota 
58.17 	Association of School Administrators, the Minnesota School Boards Association, the 
58.18 	Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and 
58.19 	representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, 
58.20 	the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with 
58.21 	research expertise in teacher evaluation, must create and publish a teacher evaluation process 
58.22 	that complies with the requirements in paragraph (b) and applies to all teachers under this 
58.23 	section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual 
58.24 	teacher evaluation and peer review process. The teacher evaluation process created under 
58.25 	this subdivision does not create additional due process rights for probationary teachers under 
58.26 	subdivision 5.
58.27 	(d) Consistent with the measures of teacher effectiveness under this subdivision:
58.28 	(1) for students in kindergarten through grade 4, a school administrator must not place 
58.29 	or approve the placement of a student in the classroom of a teacher who is in the improvement 
58.30 	process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, 
58.31 	in the prior year, that student was in the classroom of a teacher who received discipline 
58.32 	pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that 
58.33 	grade; and
59.1 	(2) for students in grades 5 through 12, a school administrator must not place or approve 
59.2 	the placement of a student in the classroom of a teacher who is in the improvement process 
59.3 	referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the 
59.4 	prior year, that student was in the classroom of a teacher who received discipline pursuant 
59.5 	to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area 
59.6 	and grade.
59.7 	All data created and used under this paragraph retains its classification under chapter 13.

59.8 	Sec. 6. Minnesota Statutes 2020, section 122A.41, subdivision 5, is amended to read:
59.9 		Subd. 5.Development, evaluation, and peer coaching for continuing contract 
59.10 	teachers. (a) To improve student learning and success, a school board and an exclusive 
59.11 	representative of the teachers in the district, consistent with paragraph (b), may develop an 
59.12 	annual teacher evaluation and peer review process for probationary and nonprobationary 
59.13 	teachers through joint agreement. If a school board and the exclusive representative of the 
59.14 	teachers in the district do not agree to an annual teacher evaluation and peer review process, 
59.15 	then the school board and the exclusive representative of the teachers must implement the 
59.16 	state teacher evaluation plan developed under paragraph (c). The process must include 
59.17 	having trained observers serve as peer coaches or having teachers participate in professional 
59.18 	learning communities, consistent with paragraph (b).
59.19 	(b) To develop, improve, and support qualified teachers and effective teaching practices 
59.20 	and improve student learning and success, and provide all enrolled students in a district or 
59.21 	school with improved and equitable access to more effective and diverse teachers, the annual 
59.22 	evaluation process for teachers:
59.23 	(1) must, for probationary teachers, provide for all evaluations required under subdivision 
59.24 	2;
59.25 	(2) must establish a three-year professional review cycle for each teacher that includes 
59.26 	an individual growth and development plan, a peer review process, and at least one 
59.27 	summative evaluation performed by a qualified and trained evaluator such as a school 
59.28 	administrator;
59.29 	(3) must be based on professional teaching standards established in rule create, adopt, 
59.30 	or revise a rubric of performance standards for teacher practice that (i) is based on 
59.31 	professional teaching standards established in rule, (ii) includes culturally responsive 
59.32 	methodologies, and (iii) provides common descriptions of effectiveness using at least three 
59.33 	levels of performance;
60.1 	(4) must coordinate staff development activities under sections 122A.60 and 122A.61 
60.2 	with this evaluation process and teachers' evaluation outcomes;
60.3 	(5) may provide time during the school day and school year for peer coaching and teacher 
60.4 	collaboration;
60.5 	(6) may include job-embedded learning opportunities such as professional learning 
60.6 	communities;
60.7 	(7) may include mentoring and induction programs for teachers, including teachers who 
60.8 	are members of populations underrepresented among the licensed teachers in the district or 
60.9 	school and who reflect the diversity of students under section 120B.35, subdivision 3, 
60.10 	paragraph (b), clause (2), who are enrolled in the district or school;
60.11 	(8) must include an option for teachers to develop and present a portfolio demonstrating 
60.12 	evidence of reflection and professional growth, consistent with section 122A.187, subdivision 
60.13 	3, and include teachers' own performance assessment based on student work samples and 
60.14 	examples of teachers' work, which may include video among other activities for the 
60.15 	summative evaluation;
60.16 	(9) must use data from valid and reliable assessments aligned to state and local academic 
60.17 	standards and must use state and local measures of student growth and literacy that may 
60.18 	include value-added models or student learning goals to determine 35 percent of teacher 
60.19 	evaluation results;
60.20 	(10) must use longitudinal data on student engagement and connection and other student 
60.21 	outcome measures explicitly aligned with the elements of curriculum for which teachers 
60.22 	are responsible, including academic literacy, oral academic language, and achievement of 
60.23 	English learners;
60.24 	(11) must require qualified and trained evaluators such as school administrators to 
60.25 	perform summative evaluations and ensure school districts and charter schools provide for 
60.26 	effective evaluator training specific to teacher development and evaluation;
60.27 	(12) must give teachers not meeting professional teaching standards under clauses (3) 
60.28 	through (11) support to improve through a teacher improvement process that includes 
60.29 	established goals and timelines; and
60.30 	(13) must discipline a teacher for not making adequate progress in the teacher 
60.31 	improvement process under clause (12) that may include a last chance warning, termination, 
60.32 	discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline 
60.33 	a school administrator determines is appropriate.
61.1 	Data on individual teachers generated under this subdivision are personnel data under 
61.2 	section 13.43. The observation and interview notes of peer coaches may only be disclosed 
61.3 	to other school officials with the consent of the teacher being coached.
61.4 	(c) The department, in consultation with parents who may represent parent organizations 
61.5 	and teacher and administrator representatives appointed by their respective organizations, 
61.6 	representing the Professional Educator Licensing and Standards Board, the Minnesota 
61.7 	Association of School Administrators, the Minnesota School Boards Association, the 
61.8 	Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and 
61.9 	representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, 
61.10 	the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with 
61.11 	research expertise in teacher evaluation, must create and publish a teacher evaluation process 
61.12 	that complies with the requirements in paragraph (b) and applies to all teachers under this 
61.13 	section and section 122A.40 for whom no agreement exists under paragraph (a) for an annual 
61.14 	teacher evaluation and peer review process. The teacher evaluation process created under 
61.15 	this subdivision does not create additional due process rights for probationary teachers under 
61.16 	subdivision 2.
61.17 	(d) Consistent with the measures of teacher effectiveness under this subdivision:
61.18 	(1) for students in kindergarten through grade 4, a school administrator must not place 
61.19 	or approve the placement of a student in the classroom of a teacher who is in the improvement 
61.20 	process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, 
61.21 	in the prior year, that student was in the classroom of a teacher who received discipline 
61.22 	pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that 
61.23 	grade; and
61.24 	(2) for students in grades 5 through 12, a school administrator must not place or approve 
61.25 	the placement of a student in the classroom of a teacher who is in the improvement process 
61.26 	referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the 
61.27 	prior year, that student was in the classroom of a teacher who received discipline pursuant 
61.28 	to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area 
61.29 	and grade.
61.30 	All data created and used under this paragraph retains its classification under chapter 13.

61.31 	Sec. 7. Minnesota Statutes 2020, section 123B.147, subdivision 3, is amended to read:
61.32 		Subd. 3.Duties; evaluation. (a) The principal shall provide administrative, supervisory, 
61.33 	and instructional leadership services, under the supervision of the superintendent of schools 
62.1 	of the district and according to the policies, rules, and regulations of the school board, for 
62.2 	the planning, management, operation, and evaluation of the education program of the building 
62.3 	or buildings to which the principal is assigned.
62.4 	(b) To enhance a principal's culturally responsive leadership skills and support and 
62.5 	improve teaching practices, school performance, and student achievement for diverse student 
62.6 	populations, including at-risk students, children with disabilities, English learners, and gifted 
62.7 	students, among others, a district must develop and implement a performance-based system 
62.8 	for annually evaluating school principals assigned to supervise a school building within the 
62.9 	district. The evaluation must be designed to improve teaching and learning by supporting 
62.10 	the principal in shaping the school's professional environment and developing teacher 
62.11 	quality, performance, and effectiveness. The annual evaluation must:
62.12 	(1) support and improve a principal's instructional leadership, organizational management, 
62.13 	and professional development, and strengthen the principal's capacity in the areas of 
62.14 	instruction, supervision, evaluation, and teacher development;
62.15 	(2) support and improve a principal's culturally responsive leadership practices that 
62.16 	create inclusive and respectful teaching and learning environments for all students, families, 
62.17 	and employees;
62.18 	(2) (3) include formative and summative evaluations based on multiple measures of 
62.19 	student progress toward career and college readiness;
62.20 	(3) (4) be consistent with a principal's job description, a district's long-term plans and 
62.21 	goals, and the principal's own professional multiyear growth plans and goals, all of which 
62.22 	must support the principal's leadership behaviors and practices, rigorous curriculum, school 
62.23 	performance, and high-quality instruction;
62.24 	(4) (5) include on-the-job observations and previous evaluations;
62.25 	(5) (6) allow surveys to help identify a principal's effectiveness, leadership skills and 
62.26 	processes, and strengths and weaknesses in exercising leadership in pursuit of school success;
62.27 	(6) (7) use longitudinal data on student academic growth as 35 percent of the evaluation 
62.28 	and incorporate district achievement goals and targets;
62.29 	(7) (8) be linked to professional development that emphasizes improved teaching and 
62.30 	learning, curriculum and instruction, student learning, culturally responsive leadership 
62.31 	practices, and a collaborative professional culture; and
63.1 	(8) (9) for principals not meeting standards of professional practice or other criteria 
63.2 	under this subdivision, implement a plan to improve the principal's performance and specify 
63.3 	the procedure and consequence if the principal's performance is not improved.
63.4 	The provisions of this paragraph are intended to provide districts with sufficient flexibility 
63.5 	to accommodate district needs and goals related to developing, supporting, and evaluating 
63.6 	principals.

63.7 	EFFECTIVE DATE. This section is effective July 1, 2023.

63.8 	Sec. 8. Minnesota Statutes 2020, section 124D.861, subdivision 2, is amended to read:
63.9 		Subd. 2.Plan implementation; components. (a) The school board of each eligible 
63.10 	district must formally develop and implement a long-term plan under this section. The plan 
63.11 	must be incorporated into the district's comprehensive strategic plan under section 120B.11. 
63.12 	Plan components may include: innovative and integrated prekindergarten through grade 12 
63.13 	learning environments that offer students school enrollment choices; family engagement 
63.14 	initiatives that involve families in their students' academic life and success; professional 
63.15 	development opportunities for teachers and administrators focused on improving the academic 
63.16 	achievement of all students, including teachers and administrators who are members of 
63.17 	populations underrepresented among the licensed teachers or administrators in the district 
63.18 	or school and who reflect the diversity of students under section 120B.35, subdivision 3, 
63.19 	paragraph (b), clause (2), who are enrolled in the district or school; increased programmatic 
63.20 	opportunities and effective and more diverse instructors focused on rigor and college and 
63.21 	career readiness for underserved students, including students enrolled in alternative learning 
63.22 	centers under section 123A.05, public alternative programs under section 126C.05, 
63.23 	subdivision 15, and contract alternative programs under section 124D.69, among other 
63.24 	underserved students; or recruitment and retention of teachers and administrators with 
63.25 	diverse racial and ethnic backgrounds.
63.26 	(b) The plan must contain goals for:
63.27 	(1) reducing the disparities in academic achievement and in equitable access to effective 
63.28 	and more diverse teachers among all students and specific categories of students under 
63.29 	section 120B.35, subdivision 3, paragraph (b), excluding the student categories of gender, 
63.30 	disability, and English learners; and
63.31 	(2) increasing racial and economic diversity and integration in schools and districts.
63.32 	(c) The plan must include strategies to make schools' curriculum and learning and work 
63.33 	environments more inclusive and respectful of students' racial and ethnic diversity. The 
64.1 	plan must address issues of structural inequities in schools that create opportunity and 
64.2 	achievement gaps for students, families, and staff who are of color or who are American 
64.3 	Indian. Program revenues may be used to implement such strategies. Examples of possible 
64.4 	structural inequities include but are not limited to policies and practices that unintentionally 
64.5 	result in disparate referrals and suspension, inequitable access to advanced coursework, 
64.6 	overrepresentation in lower level coursework, participation in cocurricular activities, parent 
64.7 	involvement, and lack of access to racially and ethnically diverse teachers. Plans may include 
64.8 	but are not limited to the following activities that may involve collaboration with or support 
64.9 	from Regional Centers of Excellence:
64.10 	(1) creating opportunities for students, families, staff, and community members who are 
64.11 	of color or who are American Indian to share their experiences in the school setting with 
64.12 	school staff and administration to develop specific proposals for improving school 
64.13 	environments to be more inclusive and respectful toward all students, families, and staff;
64.14 	(2) implementing creative programs for increased parent engagement and improving 
64.15 	relations between home and school;
64.16 	(3) developing or expanding ethnic studies course offerings to provide all students with 
64.17 	in-depth opportunities to learn about their own and others' cultures and historical experiences;
64.18 	(4) examining and revising curriculum in various subjects to be culturally relevant and 
64.19 	inclusive of various racial and ethnic groups;
64.20 	(5) examining academic and discipline data; examining instructional policies and practices 
64.21 	that result in opportunity and achievement disparities between racial and ethnic groups; and 
64.22 	making necessary changes that increase access, meaningful participation, representation, 
64.23 	and positive outcomes for students of color, American Indian students, and students who 
64.24 	qualify for free or reduced-price meals;
64.25 	(6) providing professional development opportunities to learn more about various racial 
64.26 	and ethnic groups' experiences, assets, and issues and developing cross-cultural competence 
64.27 	with knowledge, collaborations, and relationships needed to effectively serve students who 
64.28 	are from diverse racial and ethnic backgrounds; and
64.29 	(7) hiring more cultural liaisons to strengthen relationships with students, families, and 
64.30 	other members of the community.
64.31 	(b) (d) Among other requirements, an eligible district must implement effective, 
64.32 	research-based interventions that include formative assessment practices to reduce the 
64.33 	disparities in student academic performance among the specific categories of students as 
65.1 	measured by student progress and growth on state reading and math assessments and as 
65.2 	aligned with section 120B.11.
65.3 	(c) (e) Eligible districts must create efficiencies and eliminate duplicative programs and 
65.4 	services under this section, which may include forming collaborations or a single, 
65.5 	seven-county metropolitan areawide partnership of eligible districts for this purpose.

65.6 	EFFECTIVE DATE. This section is effective for all plans reviewed and updated after 
65.7 	the day of final enactment.

65.8 	ARTICLE 6
65.9 	CHARTER SCHOOLS

65.10 	Section 1. Minnesota Statutes 2020, section 124E.02, is amended to read:
65.11 	124E.02 DEFINITIONS.
65.12 	(a) For purposes of this chapter, the terms defined in this section have the meanings 
65.13 	given them.
65.14 	(b) "Affidavit" means a written statement the authorizer submits to the commissioner 
65.15 	for approval to establish a charter school under section 124E.06, subdivision 4, attesting to 
65.16 	its review and approval process before chartering a school.
65.17 	(c) "Affiliate" means a person that directly or indirectly, through one or more 
65.18 	intermediaries, controls, is controlled by, or is under common control with another person.
65.19 	(d) "Charter management organization" means any nonprofit entity that contracts with 
65.20 	a charter school board of directors to provide, manage, or oversee all or substantially all of 
65.21 	the school's educational design or implementation, or the charter school's administrative, 
65.22 	financial, business, or operational functions.
65.23 	(d) (e) "Control" means the ability to affect the management, operations, or policy actions 
65.24 	or decisions of a person, whether by owning voting securities, by contract, or otherwise.
65.25 	(f) "Education management organization" means any for-profit entity that provides, 
65.26 	manages, or oversees all or substantially all of the educational design or implementation, 
65.27 	or the charter school's administrative, financial, business, or operational functions.
65.28 	(e) (g) "Immediate family" means an individual whose relationship by blood, marriage, 
65.29 	adoption, or partnership is no more remote than first cousin.
65.30 	(h) "Market need and demand study" means a study that, for the proposed locations of 
65.31 	the school or additional site, includes the following:
66.1 	(1) current and projected demographic information of student populations in the 
66.2 	geographic area;
66.3 	(2) current student enrollment patterns in the geographic area;
66.4 	(3) information on existing schools and types of educational programs currently available;
66.5 	(4) documentation of the plan for outreach to diverse and underrepresented populations;
66.6 	(5) information on the availability of properly zoned and classified facilities; and
66.7 	(6) quantification of existing demand for the new school or site expansion.
66.8 	(i) "Online education service provider" means an organization that provides the online 
66.9 	learning management system, virtual learning environment, or online student management 
66.10 	system and services for the implementation and operation of the online education program.
66.11 	(f) (j) "Person" means an individual or entity of any kind.
66.12 	(g) (k) "Related party" means an affiliate or immediate relative of the other interested 
66.13 	party, an affiliate of an immediate relative who is the other interested party, or an immediate 
66.14 	relative of an affiliate who is the other interested party.
66.15 	(h) (l) For purposes of this chapter, the terms defined in section 120A.05 have the same 
66.16 	meanings.

66.17 	Sec. 2. Minnesota Statutes 2020, section 124E.03, subdivision 2, is amended to read:
66.18 		Subd. 2.Certain federal, state, and local requirements. (a) A charter school shall 
66.19 	meet all federal, state, and local health and safety requirements applicable to school districts.
66.20 	(b) A school must comply with statewide accountability requirements governing standards 
66.21 	and assessments in chapter 120B.
66.22 	(c) A charter school must comply with the Minnesota Public School Fee Law, sections 
66.23 	123B.34 to 123B.39.
66.24 	(d) A charter school is a district for the purposes of tort liability under chapter 466.
66.25 	(e) A charter school must comply with the Pledge of Allegiance requirement under 
66.26 	section 121A.11, subdivision 3.
66.27 	(f) A charter school and charter school board of directors must comply with chapter 181 
66.28 	governing requirements for employment.
66.29 	(g) A charter school must comply with continuing truant notification under section 
66.30 	260A.03.
67.1 	(h) A charter school must develop and implement a teacher evaluation and peer review 
67.2 	process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place 
67.3 	students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d). 
67.4 	The teacher evaluation process in this paragraph does not create any additional employment 
67.5 	rights for teachers.
67.6 	(i) A charter school must adopt a policy, plan, budget, and process, consistent with 
67.7 	section 120B.11, to review curriculum, instruction, and student achievement and strive for 
67.8 	the world's best workforce.
67.9 	(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act, 
67.10 	sections 121A.40 to 121A.56, and section 121A.575.

67.11 	Sec. 3. Minnesota Statutes 2020, section 124E.03, is amended by adding a subdivision to 
67.12 	read:
67.13 		Subd. 9.English learners. A charter school is subject to and must comply with the 
67.14 	Education for English Learners Act, sections 124D.58 to 124D.64 as though it were a district.

67.15 	Sec. 4. Minnesota Statutes 2020, section 124E.05, subdivision 4, is amended to read:
67.16 		Subd. 4.Application content. (a) To be approved as an authorizer, an applicant must 
67.17 	include in its application to the commissioner at least the following:
67.18 	(1) how the organization carries out its mission by chartering schools;
67.19 	(2) a description of the capacity of the organization to serve as an authorizer, including 
67.20 	the positions allocated to authorizing duties, the qualifications for those positions, the 
67.21 	full-time equivalencies of those positions, and the financial resources available to fund the 
67.22 	positions;
67.23 	(3) the application and review process the authorizer uses to decide whether to grant 
67.24 	charters;
67.25 	(4) the type of contract it arranges with the schools it charters to meet the provisions of 
67.26 	section 124E.10;
67.27 	(5) the process for overseeing the school, consistent with clause (4), to ensure that the 
67.28 	schools chartered comply with applicable law and rules and the contract;
67.29 	(6) the criteria and process the authorizer uses to approve applications adding grades or 
67.30 	sites under section 124E.06, subdivision 5;
68.1 	(7) the process for renewing or terminating the school's charter based on evidence 
68.2 	showing the academic, organizational, and financial competency of the school, including 
68.3 	its success in increasing student achievement and meeting the goals of the charter school 
68.4 	agreement; and
68.5 	(8) an assurance specifying that the organization is committed to serving as an authorizer 
68.6 	for the full five-year term until the organization formally withdraws as an approved authorizer 
68.7 	under subdivision 7 or the commissioner terminates the organization's ability to authorize 
68.8 	charter schools under subdivision 6.
68.9 	(b) Notwithstanding paragraph (a), an authorizer that is a school district may satisfy the 
68.10 	requirements of paragraph (a), clauses (1) and (2), and any requirement governing a conflict 
68.11 	of interest between an authorizer and its charter schools or ongoing evaluation or continuing 
68.12 	education of an administrator or other professional support staff by submitting to the 
68.13 	commissioner a written promise to comply with the requirements.

68.14 	Sec. 5. Minnesota Statutes 2021 Supplement, section 124E.05, subdivision 6, is amended 
68.15 	to read:
68.16 		Subd. 6.Corrective action. (a) If, consistent with this chapter, the commissioner finds 
68.17 	that an authorizer has not met the requirements of this chapter, the commissioner may subject 
68.18 	the authorizer to a corrective action plan, which may last no longer than 130 250 business 
68.19 	days. The commissioner may prohibit an authorizer on a corrective plan from accepting a 
68.20 	transfer application from a charter school, an application to add grades or sites from a charter 
68.21 	school, and an application to establish a charter school.
68.22 	(b) The commissioner must notify the authorizer in writing that the authorizer has been
68.23 	may be placed on a corrective action plan. The notice must include any the commissioner's
68.24 	findings that may subject the authorizer to corrective action at the conclusion of the corrective 
68.25 	plan and consistent with paragraph (a). The authorizer then has 15 business days to request 
68.26 	an informal hearing before the commissioner takes corrective action. The commissioner 
68.27 	must hold an informal hearing within 15 business days of the request. The commissioner 
68.28 	must make a determination on placing the authorizer on a corrective action plan within 15 
68.29 	business days of the informal hearing. If the issues identified as the basis for the corrective 
68.30 	action are not resolved at the informal hearing authorizer is placed on a corrective action 
68.31 	plan, the authorizer must make the requested improvements and notify the commissioner 
68.32 	of the improvements within 45 140 business days. Within 20 business days, the commissioner 
68.33 	must review the changes and notify the authorizer of any remaining issues to be resolved. 
68.34 	An authorizer must address the remaining issues as directed by the commissioner within 
69.1 	20 business days. Within 15 business days, the commissioner must review the changes and 
69.2 	notify the authorizer whether all issues in the corrective action plan have been resolved.
69.3 	(c) If the commissioner terminates the authorizer's ability to charter a school, the 
69.4 	commissioner must assist the affected charter school in acquiring a new authorizer. A charter 
69.5 	school board of directors and a different authorizer may submit to the commissioner a 
69.6 	request to transfer to a new seek a change in authorizer under section 124E.10, subdivision 
69.7 	5, without the approval or consent mutual agreement of the current authorizer if that 
69.8 	authorizer has been under a corrective action plan for more than 130 business days fails to 
69.9 	meet the terms of a corrective action plan by the specified deadline.
69.10 	(d) The commissioner may at any time take corrective action against an authorizer, 
69.11 	including terminating an authorizer's ability to charter a school, terminating a contract with 
69.12 	a charter school, and other appropriate sanctions for:
69.13 	(1) failing to demonstrate the criteria under subdivision 3 under which the commissioner 
69.14 	approved the authorizer;
69.15 	(2) violating a term of the chartering contract between the authorizer and the charter 
69.16 	school board of directors;
69.17 	(3) unsatisfactory performance as an approved authorizer;
69.18 	(4) any good cause shown that gives the commissioner a legally sufficient reason to take 
69.19 	corrective action against an authorizer; or
69.20 	(5) failing to meet the terms of a corrective action plan by the specified deadline.

69.21 	Sec. 6. Minnesota Statutes 2020, section 124E.05, subdivision 7, is amended to read:
69.22 		Subd. 7.Withdrawal. If the governing board of an approved authorizer votes to withdraw 
69.23 	as an approved authorizer for a reason unrelated to any cause under section 124E.10, 
69.24 	subdivision 4 subdivision 6, the authorizer must notify all its chartered schools and the 
69.25 	commissioner in writing by March 1 of its intent to withdraw as an authorizer on June 30 
69.26 	in the next calendar year, regardless of when the authorizer's five-year term of approval 
69.27 	ends. Upon notification of the schools and commissioner, the authorizer must provide a 
69.28 	letter to the school for distribution to families of students enrolled in the school that explains 
69.29 	the decision to withdraw as an authorizer. The commissioner may approve the transfer of 
69.30 	a charter school to a new authorizer under section 124E.10, subdivision 5.

70.1 	Sec. 7. Minnesota Statutes 2020, section 124E.06, subdivision 1, is amended to read:
70.2 		Subdivision 1.Individuals eligible to organize. (a) An authorizer, after receiving an 
70.3 	application from a charter school developer, may charter either a licensed teacher under 
70.4 	section 122A.18, subdivision 1, or a group of individuals that includes one or more licensed 
70.5 	teachers under section 122A.18, subdivision 1, to operate a school subject to the 
70.6 	commissioner's approval of the authorizer's affidavit under subdivision 4.
70.7 	(b) "Application" under this section means the charter school business plan a charter 
70.8 	school developer submits to an authorizer for approval to establish a charter school. This 
70.9 	application must include:
70.10 	(1) the school developer's:
70.11 	(i) mission statement;
70.12 	(ii) school purposes;
70.13 	(iii) program design;
70.14 	(iv) market need and demand study;
70.15 	(iv) (v) financial plan;
70.16 	(v) (vi) governance and management structure; and
70.17 	(vi) (vii) background and experience; and
70.18 	(2) any other information the authorizer requests; and.
70.19 	(3) a "statement of assurances" of legal compliance prescribed by the commissioner.
70.20 	(c) An authorizer shall not approve an application submitted by a charter school developer 
70.21 	under paragraph (a) if the application does not comply with subdivision 3, paragraph (e), 
70.22 	and section 124E.01, subdivision 1. The commissioner shall not approve an affidavit 
70.23 	submitted by an authorizer under subdivision 4 if the affidavit does not comply with 
70.24 	subdivision 3, paragraph (e), and section 124E.01, subdivision 1.

70.25 	Sec. 8. Minnesota Statutes 2020, section 124E.06, subdivision 4, is amended to read:
70.26 		Subd. 4.Authorizer's affidavit; approval process. (a) Before an operator may establish 
70.27 	and operate a school, the authorizer must file an affidavit with the commissioner stating its 
70.28 	intent to charter a school. An authorizer must file a separate affidavit for each school it 
70.29 	intends to charter. An authorizer must file an affidavit at least 14 months before July 1 of 
70.30 	the year the new charter school plans to serve students. The affidavit must state:
71.1 	(1) the terms and conditions under which the authorizer would charter a school, including 
71.2 	the market need and demand study; and
71.3 	(2) how the authorizer intends to oversee:
71.4 	(i) the fiscal and student performance of the charter school; and
71.5 	(ii) compliance with the terms of the written contract between the authorizer and the 
71.6 	charter school board of directors under section 124E.10, subdivision 1.
71.7 	(b) The commissioner must approve or disapprove the authorizer's affidavit within 60 
71.8 	business days of receiving the affidavit. If the commissioner disapproves the affidavit, the 
71.9 	commissioner shall notify the authorizer of the deficiencies in the affidavit and the authorizer 
71.10 	then has 20 business days to address the deficiencies. The commissioner must notify the 
71.11 	authorizer of the commissioner's final approval or final disapproval within 15 business days 
71.12 	after receiving the authorizer's response to the deficiencies in the affidavit. If the authorizer 
71.13 	does not address deficiencies to the commissioner's satisfaction, the commissioner's 
71.14 	disapproval is final. An authorizer who fails to obtain the commissioner's approval is 
71.15 	precluded from chartering the school that is the subject of this affidavit.

71.16 	Sec. 9. Minnesota Statutes 2020, section 124E.06, subdivision 5, is amended to read:
71.17 		Subd. 5.Adding grades or sites. (a) A charter school may apply to the authorizer to 
71.18 	amend the school charter to add grades or primary enrollment sites beyond those defined 
71.19 	in the original affidavit approved by the commissioner. After approving the school's 
71.20 	application, the authorizer shall submit a supplemental affidavit in the form and manner 
71.21 	prescribed by the commissioner. The authorizer must file a supplemental affidavit to the 
71.22 	commissioner by October 1 to be eligible to add grades or sites in the next school year. The 
71.23 	supplemental affidavit must document to the authorizer's satisfaction:
71.24 	(1) the need for the additional grades or sites with supporting long-range enrollment 
71.25 	projections;
71.26 	(2) a longitudinal record of student academic performance and growth on statewide 
71.27 	assessments under chapter 120B or on other academic assessments that measure longitudinal 
71.28 	student performance and growth approved by the charter school's board of directors and 
71.29 	agreed upon with the authorizer;
71.30 	(3) a history of sound school finances and a plan to add grades or sites that sustains the 
71.31 	school's finances; and
71.32 	(4) board capacity to administer and manage the additional grades or sites.; and
72.1 	(5) for a site expansion, the market need and demand study.
72.2 	(b) The commissioner shall have 30 business days to review and comment on the 
72.3 	supplemental affidavit. The commissioner shall notify the authorizer in writing of any 
72.4 	deficiencies in the supplemental affidavit and the authorizer then has 20 business days to 
72.5 	address any deficiencies in the supplemental affidavit to the commissioner's satisfaction. 
72.6 	The commissioner must notify the authorizer of final approval or final disapproval within 
72.7 	15 business days after receiving the authorizer's response to the deficiencies in the affidavit. 
72.8 	The school may not add grades or sites until the commissioner has approved the supplemental 
72.9 	affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.

72.10 	Sec. 10. Minnesota Statutes 2020, section 124E.11, is amended to read:
72.11 	124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.
72.12 	(a) A charter school, including its preschool or prekindergarten program established 
72.13 	under section 124E.06, subdivision 3, paragraph (b), may limit admission to:
72.14 	(1) pupils within an age group or grade level;
72.15 	(2) pupils who are eligible to participate in the graduation incentives program under 
72.16 	section 124D.68; or
72.17 	(3) residents of a specific geographic area in which the school is located when the 
72.18 	majority of students served by the school are members of underserved populations.
72.19 	(b) A charter school, including its preschool or prekindergarten program established 
72.20 	under section 124E.06, subdivision 3, paragraph (b), shall enroll an eligible pupil who 
72.21 	submits a timely application, unless the number of applications exceeds the capacity of a 
72.22 	program, class, grade level, or building. In this case, pupils must be accepted by lot. The 
72.23 	charter school must develop and publish, including on its website, a lottery policy and 
72.24 	process that it must use when accepting pupils by lot.
72.25 	(c) Admission to a charter school is free to any person who resides within the state of 
72.26 	Minnesota and Minnesota students have enrollment preference over out-of-state residents. 
72.27 	A charter school shall give enrollment preference to a sibling of an enrolled pupil and to a 
72.28 	foster child of that pupil's parents and may give preference for enrolling children of the 
72.29 	school's staff before accepting other pupils by lot. A charter school that is located in Duluth 
72.30 	township in St. Louis County and admits students in kindergarten through grade 6 must 
72.31 	give enrollment preference to students residing within a five-mile radius of the school and 
72.32 	to the siblings of enrolled children. A charter school may give enrollment preference to 
72.33 	children currently enrolled in the school's free preschool or prekindergarten program under 
73.1 	section 124E.06, subdivision 3, paragraph (b), who are eligible to enroll in kindergarten in 
73.2 	the next school year.
73.3 	(d) A person shall not be admitted to a charter school (1) as a kindergarten pupil, unless 
73.4 	the pupil is at least five years of age on September 1 of the calendar year in which the school 
73.5 	year for which the pupil seeks admission commences; or (2) as a first grade student, unless 
73.6 	the pupil is at least six years of age on September 1 of the calendar year in which the school 
73.7 	year for which the pupil seeks admission commences or has completed kindergarten; except 
73.8 	that a charter school may establish and publish on its website a policy for admission of 
73.9 	selected pupils at an earlier age, consistent with the enrollment process in paragraphs (b) 
73.10 	and (c), and section 124D.02, subdivision 1.
73.11 	(e) Except as permitted in paragraph (d), a charter school, including its preschool or 
73.12 	prekindergarten program established under section 124E.06, subdivision 3, paragraph (b), 
73.13 	may not limit admission to pupils on the basis of intellectual ability, measures of achievement 
73.14 	or aptitude, or athletic ability and may not establish any criteria or requirements for admission 
73.15 	that are inconsistent with this section.
73.16 	(f) The charter school shall not distribute any services or goods of value to students, 
73.17 	parents, or guardians as an inducement, term, or condition of enrolling a student in a charter 
73.18 	school.
73.19 	(g) Once a student is enrolled in the school, the student is considered enrolled in the 
73.20 	school until the student formally withdraws or is expelled under the Pupil Fair Dismissal 
73.21 	Act in sections 121A.40 to 121A.56, except that children currently enrolled in the school's 
73.22 	fee-based preschool or prekindergarten program under section 124E.06, subdivision 3, 
73.23 	paragraph (b), who are eligible to enroll in kindergarten in the next school year must apply 
73.24 	for entry into kindergarten according to the provisions of this section. Out-of-state residents 
73.25 	must annually apply to and be admitted by the school according to the provisions of this 
73.26 	section.
73.27 	(h) A charter school with at least 90 percent of enrolled students who are eligible for 
73.28 	special education services and have a primary disability of deaf or hard-of-hearing may 
73.29 	enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1, 
73.30 	paragraph (a), and must comply with the federal Individuals with Disabilities Education 
73.31 	Act under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause 
73.32 	(iv).

74.1 	Sec. 11. Minnesota Statutes 2020, section 124E.12, subdivision 1, is amended to read:
74.2 		Subdivision 1.Teachers. A charter school must employ necessary teachers or contract 
74.3 	with a cooperative formed under chapter 308A to provide necessary teachers, as defined 
74.4 	by section 122A.15, subdivision 1 122A.06, subdivision 2, who hold valid licenses to 
74.5 	perform the particular service for which they are employed in the school. The commissioner 
74.6 	may reduce the charter school's state aid under section 127A.43 if the school employs a 
74.7 	teacher who is not appropriately licensed or approved by the Professional Educator Licensing 
74.8 	and Standards Board. The school may employ necessary employees who are not required 
74.9 	to hold teaching licenses to perform duties other than teaching and may contract for other 
74.10 	services. The school may discharge teachers and nonlicensed employees. The charter school 
74.11 	board is subject to section 181.932 governing whistle-blowers. When offering employment 
74.12 	to a prospective employee, a charter school must give that employee a written description 
74.13 	of the terms and conditions of employment and the school's personnel policies.

74.14 	Sec. 12. Minnesota Statutes 2020, section 124E.13, subdivision 1, is amended to read:
74.15 		Subdivision 1.Leased space. A charter school may lease space from: an independent 
74.16 	or special school board; other public organization; private, nonprofit, nonsectarian 
74.17 	organization; private property owner; or a sectarian organization; and if the leased space is 
74.18 	owned by the lessor and is constructed as a school facility. The commissioner must review 
74.19 	and approve or disapprove leases in a timely manner to determine eligibility for lease aid 
74.20 	under section 124E.22.

74.21 	Sec. 13. Minnesota Statutes 2020, section 124E.13, subdivision 3, is amended to read:
74.22 		Subd. 3.Affiliated nonprofit building corporation. (a) An affiliated nonprofit building 
74.23 	corporation may purchase, expand, or renovate an existing facility to serve as a school or 
74.24 	may construct a new school facility. A One charter school may organize an affiliated 
74.25 	nonprofit building corporation that serves only that charter school if the charter school:
74.26 	(1) has operated for at least six consecutive years;
74.27 	(2) as of June 30, has a net positive unreserved general fund balance in the preceding 
74.28 	three fiscal years;
74.29 	(3) has long-range strategic and financial plans that include enrollment projections for 
74.30 	at least five years;
74.31 	(4) completes a feasibility study of facility options that outlines the benefits and costs 
74.32 	of each option; and
75.1 	(5) has a plan that describes project parameters and budget.
75.2 	(b) An affiliated nonprofit building corporation under this subdivision must:
75.3 	(1) be incorporated under section 317A;
75.4 	(2) comply with applicable Internal Revenue Service regulations, including regulations 
75.5 	for "supporting organizations" as defined by the Internal Revenue Service;
75.6 	(3) post on the school website the name, mailing address, bylaws, minutes of board 
75.7 	meetings, and names of the current board of directors of the affiliated nonprofit building 
75.8 	corporation;
75.9 	(4) submit to the commissioner a copy of its annual audit by December 31 of each year; 
75.10 	and
75.11 	(5) comply with government data practices law under chapter 13.
75.12 	(c) An affiliated nonprofit building corporation must not serve as the leasing agent for 
75.13 	property or and facilities it does not own. A charter school that leases property and a facility 
75.14 	from an affiliated nonprofit building corporation that does not own the leased facility property 
75.15 	and building is ineligible to receive charter school lease aid. The state is immune from 
75.16 	liability resulting from a contract between a charter school and an affiliated nonprofit building 
75.17 	corporation.
75.18 	(d) The board of directors of the charter school must ensure the affiliated nonprofit 
75.19 	building corporation complies with all applicable legal requirements. The charter school's 
75.20 	authorizer must oversee the efforts of the board of directors of the charter school to ensure 
75.21 	legal compliance of the affiliated building corporation. A school's board of directors that 
75.22 	fails to ensure the affiliated nonprofit building corporation's compliance violates its 
75.23 	responsibilities and an authorizer must consider that failure when evaluating the charter 
75.24 	school.

75.25 	Sec. 14. Minnesota Statutes 2020, section 124E.16, subdivision 1, is amended to read:
75.26 		Subdivision 1.Audit report. (a) A charter school is subject to the same financial audits, 
75.27 	audit procedures, and audit requirements as a district, except as required under this 
75.28 	subdivision. Audits must be conducted in compliance with generally accepted governmental 
75.29 	auditing standards, the federal Single Audit Act, if applicable, and section 6.65 governing 
75.30 	auditing procedures. A charter school is subject to and must comply with sections 15.054; 
75.31 	118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06 governing government property 
75.32 	and financial investments; and sections 471.38; 471.391; 471.392; and 471.425 governing 
76.1 	municipal contracting. The audit must comply with the requirements of sections 123B.75
76.2 	to 123B.83 governing school district finance, except when the commissioner and authorizer 
76.3 	approve a deviation made necessary because of school program finances. The commissioner, 
76.4 	state auditor, legislative auditor, or authorizer may conduct financial, program, or compliance 
76.5 	audits. A charter school in statutory operating debt under sections 123B.81 to 123B.83 must 
76.6 	submit a plan under section 123B.81, subdivision 4.
76.7 	(b) The charter school must submit an audit report to the commissioner and its authorizer 
76.8 	annually by December 31. The charter school's charter management organization or 
76.9 	educational management organization must submit an audit report to the commissioner 
76.10 	annually by December 31.
76.11 	(c) The charter school, with the assistance of the auditor conducting the audit, must 
76.12 	include with the report, as supplemental information: (1) a copy of management agreements 
76.13 	with a charter management organization or an educational management organization and 
76.14 	(2) service agreements or contracts over the lesser of $100,000 or ten percent of the school's 
76.15 	most recent annual audited expenditures. The agreements must detail the terms of the 
76.16 	agreement, including the services provided and the annual costs for those services. If the 
76.17 	entity that provides the professional services to the charter school is exempt from taxation 
76.18 	under section 501 of the Internal Revenue Code of 1986, that entity must file with the 
76.19 	commissioner by February 15 a copy of the annual return required under section 6033 of 
76.20 	the Internal Revenue Code of 1986.
76.21 	(d) A charter school independent audit report shall include audited financial data of an 
76.22 	affiliated building corporation under section 124E.13, subdivision 3, or other component 
76.23 	unit.
76.24 	(e) If the audit report finds that a material weakness exists in the financial reporting 
76.25 	systems of a charter school, the charter school must submit a written report to the 
76.26 	commissioner explaining how the charter school will resolve that material weakness. An 
76.27 	auditor, as a condition of providing financial services to a charter school, must agree to 
76.28 	make available information about a charter school's financial audit to the commissioner and 
76.29 	authorizer upon request.

76.30 	Sec. 15. Minnesota Statutes 2020, section 124E.25, subdivision 1a, is amended to read:
76.31 		Subd. 1a.School closures; payments. (a) Notwithstanding subdivision 1 and section 
76.32 	127A.45, for a charter school ceasing operation on or before June 30, for the payment periods 
76.33 	occurring after the school ceases serving students, the commissioner shall withhold the 
76.34 	estimated state aid owed the school. The charter school board of directors and authorizer 
77.1 	must submit to the commissioner a closure plan under chapter 308A or 317A, and financial 
77.2 	information about the school's liabilities and assets. After receiving the closure plan, financial 
77.3 	information, an audit of pupil counts, and documented lease expenditures from the charter 
77.4 	school and monitoring special education expenditures, the commissioner may release cash 
77.5 	withheld and may continue regular payments up to the current year payment percentages 
77.6 	if further amounts are owed. If, based on audits and monitoring, the school received state 
77.7 	aid in excess of the amount owed, the commissioner shall retain aid withheld sufficient to 
77.8 	eliminate the aid overpayment.
77.9 	(b) For a charter school ceasing operations before or at the end of a school year, 
77.10 	notwithstanding section 127A.45, subdivision 3, the commissioner may make preliminary 
77.11 	final payments after the school submits the closure plan, an audit of pupil counts, documented 
77.12 	lease expenditures, and Uniform Financial Accounting and Reporting Standards (UFARS) 
77.13 	financial data and the commissioner monitors special education expenditures for the final 
77.14 	year of operation. The commissioner may make the final payment after receiving audited 
77.15 	financial statements under section 123B.77, subdivision 3.
77.16 	(c) Notwithstanding sections 317A.701 to 317A.791, after closing a charter school and 
77.17 	satisfying creditors, remaining cash and investment balances shall be returned by the 
77.18 	commissioner to the state general fund.

77.19 	ARTICLE 7
77.20 	NUTRITION AND LIBRARIES

77.21 	Section 1. Minnesota Statutes 2020, section 124D.119, is amended to read:
77.22 	124D.119 SUMMER FOOD SERVICE REPLACEMENT AID PROGRAM AND 
77.23 	CHILD AND ADULT CARE FOOD PROGRAM.
77.24 		Subdivision 1.Summer Food Service Program replacement aid. States State funds 
77.25 	are available to compensate department-approved Summer Food Service Program sponsors. 
77.26 	Reimbursement shall be made on December 15 based on total meals served by each sponsor 
77.27 	from the end of the school year to the beginning of the next school year on a pro rata basis.
77.28 		Subd. 2.Child and Adult Care Food Program and Summer Food Service Program 
77.29 	sponsor organizations. Legally distinct Child and Adult Care Food Program and Summer 
77.30 	Food Service Program sites may transfer sponsoring organizations no more than once per 
77.31 	year, except under extenuating circumstances including termination of the sponsoring 
77.32 	organization's agreement or other circumstances approved by the Department of Education.
78.1 		Subd. 3.Child and Adult Care Food Program and Summer Food Service Program 
78.2 	training. Prior to applying to sponsor a Child and Adult Care Food Program or Summer 
78.3 	Food Service Program site, a nongovernmental organization applicant must provide 
78.4 	documentation to the Department of Education verifying that staff members have completed 
78.5 	program-specific training as designated by the commissioner.
78.6 		Subd. 4.Summer Food Service Program locations. Consistent with Code of Federal 
78.7 	Regulations, title 7, section 225.6(d)(1)(ii), the Department of Education must not approve 
78.8 	a new Summer Food Service Program open site that is within a half-mile radius of an existing 
78.9 	Summer Food Service Program open site, except the department may approve a new Summer 
78.10 	Food Service Program open site within a half-mile radius if the new program will not be 
78.11 	serving the same group of children for the same meal type.

78.12 	Sec. 2. [124D.901] SCHOOL LIBRARIES AND MEDIA CENTERS.
78.13 	A school district or charter school library or school library media center provides equitable 
78.14 	and free access to students, teachers, and administrators. A school library or school library 
78.15 	media center is defined as having the following characteristics:
78.16 	(1) ensures every student has equitable access to resources and is able to locate, access, 
78.17 	and use resources that are organized and cataloged;
78.18 	(2) has a collection development plan that includes but is not limited to materials selection 
78.19 	and de-selection, a challenged materials procedure, and an intellectual and academic freedom 
78.20 	statement;
78.21 	(3) is housed in a central location that provides an environment for expanded learning 
78.22 	and supports a variety of student interests;
78.23 	(4) has technology and Internet access; and
78.24 	(5) is served by a licensed school library media specialist or licensed school librarian.

78.25 	Sec. 3. Minnesota Statutes 2020, section 134.31, subdivision 1, is amended to read:
78.26 		Subdivision 1.Library service. The state shall, as an integral part of its responsibility 
78.27 	for public education, support the provision of library service for every citizen resident, the 
78.28 	development of cooperative programs for the sharing of resources and services among all 
78.29 	libraries, and the establishment of jointly operated library services at a single location where 
78.30 	appropriate.

79.1 	Sec. 4. Minnesota Statutes 2020, section 134.31, subdivision 4a, is amended to read:
79.2 		Subd. 4a.Services to people with visual and physical disabilities. The Minnesota 
79.3 	Department of Education shall provide specialized services to people with visual and physical 
79.4 	disabilities through the Minnesota Braille and Talking Book Library under a cooperative 
79.5 	plan with the National Library Services Service for the Blind and Physically Handicapped 
79.6 	of the Library of Congress Print Disabled.

79.7 	Sec. 5. Minnesota Statutes 2020, section 134.32, subdivision 4, is amended to read:
79.8 		Subd. 4.Special project grants. It may provide special project grants to assist innovative 
79.9 	and experimental library programs including, but not limited to, special services for American 
79.10 	Indians and the Spanish-speaking English language learners, delivery of library materials 
79.11 	to homebound persons, other extensions of library services to persons without access to 
79.12 	libraries and projects to strengthen and improve library services.

79.13 	Sec. 6. Minnesota Statutes 2020, section 134.34, subdivision 1, is amended to read:
79.14 		Subdivision 1.Local support levels. (a) Regional library basic system support aid shall 
79.15 	be provided to any regional public library system where there are at least three participating 
79.16 	counties and where each participating city and county is providing for public library service 
79.17 	support the lesser of (a) an amount equivalent to .82 percent of the average of the adjusted 
79.18 	net tax capacity of the taxable property of that city or county, as determined by the 
79.19 	commissioner of revenue for the second, third, and fourth year preceding that calendar year 
79.20 	or (b) a per capita amount calculated under the provisions of this subdivision. The per capita 
79.21 	amount is established for calendar year 1993 as $7.62. In succeeding calendar years, the 
79.22 	per capita amount shall be increased by a percentage equal to one-half of the percentage by 
79.23 	which the total state adjusted net tax capacity of property as determined by the commissioner 
79.24 	of revenue for the second year preceding that calendar year increases over that total adjusted 
79.25 	net tax capacity for the third year preceding that calendar year.
79.26 	(b) The minimum level of support specified under this subdivision or subdivision 4 shall 
79.27 	be certified annually to the participating cities and counties by the Department of Education. 
79.28 	If a city or county chooses to reduce its local support in accordance with subdivision 4, 
79.29 	paragraph (b) or (c), it shall notify its regional public library system. The regional public 
79.30 	library system shall notify the Department of Education that a revised certification is required. 
79.31 	The revised minimum level of support shall be certified to the city or county by the 
79.32 	Department of Education.
80.1 	(c) A city which is a part of a regional public library system shall not be required to 
80.2 	provide this level of support if the property of that city is already taxable by the county for 
80.3 	the support of that regional public library system. In no event shall the Department of 
80.4 	Education require any city or county to provide a higher level of support than the level of 
80.5 	support specified in this section in order for a system to qualify for regional library basic 
80.6 	system support aid. This section shall not be construed to prohibit a city or county from 
80.7 	providing a higher level of support for public libraries than the level of support specified 
80.8 	in this section.
80.9 	(d) The amounts required to be expended under this section are subject to the reduced 
80.10 	maintenance of effort requirements in section 275.761.

80.11 	ARTICLE 8
80.12 	EARLY CHILDHOOD

80.13 	Section 1. Minnesota Statutes 2020, section 121A.17, subdivision 3, is amended to read:
80.14 		Subd. 3.Screening program. (a) A screening program must include at least the following 
80.15 	components: developmental assessments, which may include parent report developmental 
80.16 	screening instruments if the parent or child is unable to complete the screening in person 
80.17 	due to an immunocompromised status or other health concern; hearing and vision screening 
80.18 	or referral,; immunization review and referral,; the child's height and weight,; the date of 
80.19 	the child's most recent comprehensive vision examination, if any,; identification of risk 
80.20 	factors that may influence learning,; an interview with the parent about the child,; and 
80.21 	referral for assessment, diagnosis, and treatment when potential needs are identified. The 
80.22 	district and the person performing or supervising the screening must provide a parent or 
80.23 	guardian with clear written notice that the parent or guardian may decline to answer questions 
80.24 	or provide information about family circumstances that might affect development and 
80.25 	identification of risk factors that may influence learning. The notice must state "Early 
80.26 	childhood developmental screening helps a school district identify children who may benefit 
80.27 	from district and community resources available to help in their development. Early childhood 
80.28 	developmental screening includes a vision screening that helps detect potential eye problems 
80.29 	but is not a substitute for a comprehensive eye exam." The notice must clearly state that 
80.30 	declining to answer questions or provide information does not prevent the child from being 
80.31 	enrolled in kindergarten or first grade if all other screening components are met. If a parent 
80.32 	or guardian is not able to read and comprehend the written notice, the district and the person 
80.33 	performing or supervising the screening must convey the information in another manner. 
80.34 	The notice must also inform the parent or guardian that a child need not submit to the district 
81.1 	screening program if the child's health records indicate to the school that the child has 
81.2 	received comparable developmental screening performed within the preceding 365 days by 
81.3 	a public or private health care organization or individual health care provider. The notice 
81.4 	must be given to a parent or guardian at the time the district initially provides information 
81.5 	to the parent or guardian about screening and must be given again at the screening location.
81.6 	(b) All screening components shall be consistent with the standards of the state 
81.7 	commissioner of health for early developmental screening programs. A developmental 
81.8 	screening program must not provide laboratory tests or a physical examination to any child. 
81.9 	The district must request from the public or private health care organization or the individual 
81.10 	health care provider the results of any laboratory test or physical examination within the 12 
81.11 	months preceding a child's scheduled screening. For the purposes of this section, 
81.12 	"comprehensive vision examination" means a vision examination performed by an optometrist 
81.13 	or ophthalmologist.
81.14 	(c) If a child is without health coverage, the school district must refer the child to an 
81.15 	appropriate health care provider.
81.16 	(d) A board may offer additional components such as nutritional, physical and dental 
81.17 	assessments, review of family circumstances that might affect development, blood pressure, 
81.18 	laboratory tests, and health history.
81.19 	(e) If a statement signed by the child's parent or guardian is submitted to the administrator 
81.20 	or other person having general control and supervision of the school that the child has not 
81.21 	been screened because of conscientiously held beliefs of the parent or guardian, the screening 
81.22 	is not required.

81.23 	Sec. 2. Minnesota Statutes 2020, section 124D.13, subdivision 2, is amended to read:
81.24 		Subd. 2.Program requirements. (a) Early childhood family education programs are 
81.25 	programs for children in the period of life from birth to kindergarten, for the parents and 
81.26 	other relatives of these children, for adults who provide child care, and for expectant parents. 
81.27 	To the extent that funds are insufficient to provide programs for all children, early childhood 
81.28 	family education programs should emphasize programming for a child from birth to age 
81.29 	three and encourage parents and other relatives to involve four- and five-year-old children 
81.30 	in school readiness programs, and other public and nonpublic early learning programs. A 
81.31 	district may not limit participation to school district residents. Early childhood family 
81.32 	education programs must provide:
82.1 	(1) programs to educate parents and, other relatives, and caregivers about the physical, 
82.2 	cognitive, social, and emotional development of children and to enhance the skills of parents 
82.3 	and other relatives in providing for their children's learning and development;
82.4 	(2) structured learning activities requiring interaction between children and their parents 
82.5 	or, other relatives, and caregivers;
82.6 	(3) structured learning activities for children that promote children's development and 
82.7 	positive interaction with peers, which are held while parents or, other relatives, and caregivers
82.8 	attend parent education classes;
82.9 	(4) information on related community resources;
82.10 	(5) information, materials, and activities that support the safety of children, including 
82.11 	prevention of child abuse and neglect;
82.12 	(6) a community needs assessment that identifies new and underserved populations, 
82.13 	identifies child and family risk factors, particularly those that impact children's learning and 
82.14 	development, and assesses family and parenting education needs in the community;
82.15 	(7) programming and services that are tailored to the needs of families and parents 
82.16 	prioritized in the community needs assessment; and
82.17 	(8) information about and, if needed, assist in making arrangements for an early childhood 
82.18 	health and developmental screening under sections 121A.16 and 121A.17, when the child 
82.19 	nears the third birthday.
82.20 	Early childhood family education programs should prioritize programming and services 
82.21 	for families and parents identified in the community needs assessment, particularly those 
82.22 	families and parents with children with the most risk factors birth to age three.
82.23 	Early childhood family education programs are encouraged to provide parents of English 
82.24 	learners with translated oral and written information to monitor the program's impact on 
82.25 	their children's English language development, to know whether their children are progressing 
82.26 	in developing their English and native language proficiency, and to actively engage with 
82.27 	and support their children in developing their English and native language proficiency.
82.28 	The programs must include learning experiences for children, parents, and other relatives, 
82.29 	and caregivers that promote children's early literacy and, where practicable, their native 
82.30 	language skills and activities for children that require substantial involvement of the children's 
82.31 	parents or other relatives. The program may provide parenting education programming or 
82.32 	services to anyone identified in the community needs assessment. Providers must review 
82.33 	the program periodically to assure the instruction and materials are not racially, culturally, 
83.1 	or sexually biased. The programs must encourage parents to be aware of practices that may 
83.2 	affect equitable development of children.
83.3 	(b) For the purposes of this section, "relative" or "relatives" means noncustodial 
83.4 	grandparents or other persons related to a child by blood, marriage, adoption, or foster 
83.5 	placement, excluding parents.

83.6 	Sec. 3. Minnesota Statutes 2020, section 124D.13, subdivision 3, is amended to read:
83.7 		Subd. 3.Substantial parental involvement. The requirement of substantial parental 
83.8 	or, other relative, or caregiver involvement in subdivision 2 means that:
83.9 	(a) (1) parents or, other relatives, or caregivers must be physically present much of the 
83.10 	time in classes with their children or be in concurrent classes;
83.11 	(b) (2) parenting education or family education must be an integral part of every early 
83.12 	childhood family education program;
83.13 	(c) (3) early childhood family education appropriations must not be used for traditional 
83.14 	day care or nursery school, or similar programs; and
83.15 	(d) (4) the form of parent involvement common to kindergarten, elementary school, or 
83.16 	early childhood special education programs such as parent conferences, newsletters, and 
83.17 	notes to parents do not qualify a program under subdivision 2.

83.18 	Sec. 4. Minnesota Statutes 2020, section 124D.141, subdivision 2, is amended to read:
83.19 		Subd. 2.Additional duties. The following duties are added to those assigned to the 
83.20 	council under federal law:
83.21 	(1) make recommendations on the most efficient and effective way to leverage state and 
83.22 	federal funding streams for early childhood and child care programs;
83.23 	(2) make recommendations on how to coordinate or colocate early childhood and child 
83.24 	care programs in one state Office of Early Learning. The council shall establish a task force 
83.25 	to develop these recommendations. The task force shall include two nonexecutive branch 
83.26 	or nonlegislative branch representatives from the council; six representatives from the early 
83.27 	childhood caucus; two representatives each from the Departments of Education, Human 
83.28 	Services, and Health; one representative each from a local public health agency, a local 
83.29 	county human services agency, and a school district; and two representatives from the 
83.30 	private nonprofit organizations that support early childhood programs in Minnesota. In 
84.1 	developing recommendations in coordination with existing efforts of the council, the task 
84.2 	force shall consider how to:
84.3 	(i) consolidate and coordinate resources and public funding streams for early childhood 
84.4 	education and child care, and ensure the accountability and coordinated development of all 
84.5 	early childhood education and child care services to children from birth to kindergarten 
84.6 	entrance;
84.7 	(ii) create a seamless transition from early childhood programs to kindergarten;
84.8 	(iii) encourage family choice by ensuring a mixed system of high-quality public and 
84.9 	private programs, with local points of entry, staffed by well-qualified professionals;
84.10 	(iv) ensure parents a decisive role in the planning, operation, and evaluation of programs 
84.11 	that aid families in the care of children;
84.12 	(v) provide consumer education and accessibility to early childhood education and child 
84.13 	care resources;
84.14 	(vi) advance the quality of early childhood education and child care programs in order 
84.15 	to support the healthy development of children and preparation for their success in school;
84.16 	(vii) develop a seamless service delivery system with local points of entry for early 
84.17 	childhood education and child care programs administered by local, state, and federal 
84.18 	agencies;
84.19 	(viii) ensure effective collaboration between state and local child welfare programs and 
84.20 	early childhood mental health programs and the Office of Early Learning;
84.21 	(ix) develop and manage an effective data collection system to support the necessary 
84.22 	functions of a coordinated system of early childhood education and child care in order to 
84.23 	enable accurate evaluation of its impact;
84.24 	(x) respect and be sensitive to family values and cultural heritage; and
84.25 	(xi) establish the administrative framework for and promote the development of early 
84.26 	childhood education and child care services in order to provide that these services, staffed 
84.27 	by well-qualified professionals, are available in every community for all families that express 
84.28 	a need for them.
84.29 	In addition, the task force must consider the following responsibilities for transfer to the 
84.30 	Office of Early Learning:
85.1 	(A) responsibilities of the commissioner of education for early childhood education 
85.2 	programs and financing under sections 119A.50 to 119A.535, 121A.16 to 121A.19, and 
85.3 	124D.129 to 124D.2211;
85.4 	(B) responsibilities of the commissioner of human services for child care assistance, 
85.5 	child care development, and early childhood learning and child protection facilities programs 
85.6 	and financing under chapter 119B and section 256E.37; and
85.7 	(C) responsibilities of the commissioner of health for family home visiting programs 
85.8 	and financing under section 145A.17.
85.9 	Any costs incurred by the council in making these recommendations must be paid from 
85.10 	private funds. If no private funds are received, the council must not proceed in making these 
85.11 	recommendations. The council must report its recommendations to the governor and the 
85.12 	legislature by January 15, 2011;
85.13 	(3) (2) review program evaluations regarding high-quality early childhood programs;
85.14 	(4) (3) make recommendations to the governor and legislature, including proposed 
85.15 	legislation on how to most effectively create a high-quality early childhood system in 
85.16 	Minnesota in order to improve the educational outcomes of children so that all children are 
85.17 	school-ready by 2020; and
85.18 	(5) make recommendations to the governor and the legislature by March 1, 2011, on the 
85.19 	creation and implementation of a statewide school readiness report card to monitor progress 
85.20 	toward the goal of having all children ready for kindergarten by the year 2020. The 
85.21 	recommendations shall include what should be measured including both children and system 
85.22 	indicators, what benchmarks should be established to measure state progress toward the 
85.23 	goal, and how frequently the report card should be published. In making their 
85.24 	recommendations, the council shall consider the indicators and strategies for Minnesota's 
85.25 	early childhood system report, the Minnesota school readiness study, developmental 
85.26 	assessment at kindergarten entrance, and the work of the council's accountability committee. 
85.27 	Any costs incurred by the council in making these recommendations must be paid from 
85.28 	private funds. If no private funds are received, the council must not proceed in making these 
85.29 	recommendations; and
85.30 	(6) make recommendations to the governor and the legislature on how to screen earlier 
85.31 	and comprehensively assess children for school readiness in order to provide increased early 
85.32 	interventions and increase the number of children ready for kindergarten. In formulating 
85.33 	their recommendations, the council shall consider (i) ways to interface with parents of 
85.34 	children who are not participating in early childhood education or care programs, (ii) ways 
86.1 	to interface with family child care providers, child care centers, and school-based early 
86.2 	childhood and Head Start programs, (iii) if there are age-appropriate and culturally sensitive 
86.3 	screening and assessment tools for three-, four-, and five-year-olds, (iv) the role of the 
86.4 	medical community in screening, (v) incentives for parents to have children screened at an 
86.5 	earlier age, (vi) incentives for early education and care providers to comprehensively assess 
86.6 	children in order to improve instructional practice, (vii) how to phase in increases in screening 
86.7 	and assessment over time, (viii) how the screening and assessment data will be collected 
86.8 	and used and who will have access to the data, (ix) how to monitor progress toward the goal 
86.9 	of having 50 percent of three-year-old children screened and 50 percent of entering 
86.10 	kindergarteners assessed for school readiness by 2015 and 100 percent of three-year-old 
86.11 	children screened and entering kindergarteners assessed for school readiness by 2020, and 
86.12 	(x) costs to meet these benchmarks. The council shall consider the screening instruments 
86.13 	and comprehensive assessment tools used in Minnesota early childhood education and care 
86.14 	programs and kindergarten. The council may survey early childhood education and care 
86.15 	programs in the state to determine the screening and assessment tools being used or rely on 
86.16 	previously collected survey data, if available. For purposes of this subdivision, "school 
86.17 	readiness" is defined as the child's skills, knowledge, and behaviors at kindergarten entrance 
86.18 	in these areas of child development: social; self-regulation; cognitive, including language, 
86.19 	literacy, and mathematical thinking; and physical. For purposes of this subdivision, 
86.20 	"screening" is defined as the activities used to identify a child who may need further 
86.21 	evaluation to determine delay in development or disability. For purposes of this subdivision, 
86.22 	"assessment" is defined as the activities used to determine a child's level of performance in 
86.23 	order to promote the child's learning and development. Work on this duty will begin in 
86.24 	fiscal year 2012. Any costs incurred by the council in making these recommendations must 
86.25 	be paid from private funds. If no private funds are received, the council must not proceed 
86.26 	in making these recommendations. The council must report its recommendations to the 
86.27 	governor and legislature by January 15, 2013, with an interim report on February 15, 2011.
86.28 	(4) review and provide input on the recommendations and implementation timelines 
86.29 	developed by the Great Start For All Minnesota Children Task Force as defined in Laws 
86.30 	2021, First Special Session chapter 7, article 14, section 18, subdivision 2.

86.31 	Sec. 5. Minnesota Statutes 2020, section 124D.151, subdivision 2, is amended to read:
86.32 		Subd. 2.Program requirements. (a) A voluntary prekindergarten program provider 
86.33 	must:
87.1 	(1) provide instruction through play-based learning to foster children's social and 
87.2 	emotional development, cognitive development, physical and motor development, and 
87.3 	language and literacy skills, including the native language and literacy skills of English 
87.4 	learners, to the extent practicable;
87.5 	(2) measure each child's cognitive and social skills using a formative measure aligned 
87.6 	to the state's early learning standards when the child enters and again before the child leaves 
87.7 	the program, screening and progress monitoring measures, and other age-appropriate versions 
87.8 	from the state-approved menu of kindergarten entry profile measures and submit assessment 
87.9 	results to the Department of Education for all students enrolled in voluntary prekindergarten 
87.10 	program classrooms;
87.11 	(3) provide comprehensive program content including the implementation of curriculum, 
87.12 	assessment, and instructional strategies aligned with the state early learning standards, and 
87.13 	kindergarten through grade 3 academic standards;
87.14 	(4) provide instructional content and activities that are of sufficient length and intensity 
87.15 	to address learning needs including offering a program with at least 350 hours of instruction 
87.16 	per school year for a prekindergarten student;
87.17 	(5) provide voluntary prekindergarten instructional staff salaries comparable to the 
87.18 	salaries of local kindergarten through grade 12 instructional staff;
87.19 	(6) coordinate appropriate kindergarten transition with families, community-based 
87.20 	prekindergarten programs, and school district kindergarten programs;
87.21 	(7) involve parents in program planning and transition planning by implementing parent 
87.22 	engagement strategies that include culturally and linguistically responsive activities in 
87.23 	prekindergarten through third grade that are aligned with early childhood family education 
87.24 	under section 124D.13;
87.25 	(8) coordinate with relevant community-based services, including health and social 
87.26 	service agencies, to ensure children have access to comprehensive services;
87.27 	(9) coordinate with all relevant school district programs and services including early 
87.28 	childhood special education, homeless students, and English learners;
87.29 	(10) ensure staff-to-child ratios of one-to-ten and a maximum group size of 20 children;
87.30 	(11) provide high-quality coordinated professional development, training, and coaching 
87.31 	for both school district and community-based early learning providers that is informed by 
87.32 	a measure of adult-child interactions and enables teachers to be highly knowledgeable in 
88.1 	early childhood curriculum content, assessment, native and English language development 
88.2 	programs, and instruction; and
88.3 	(12) implement strategies that support the alignment of professional development, 
88.4 	instruction, assessments, and prekindergarten through grade 3 curricula.
88.5 	(b) A voluntary prekindergarten program must have teachers knowledgeable in early 
88.6 	childhood curriculum content, assessment, native and English language programs, and 
88.7 	instruction.
88.8 	(c) Districts and charter schools must include their strategy for implementing and 
88.9 	measuring the impact of their voluntary prekindergarten program under section 120B.11 
88.10 	and provide results in their world's best workforce annual summary to the commissioner of 
88.11 	education.

88.12 	Sec. 6. Minnesota Statutes 2020, section 124D.165, subdivision 2, is amended to read:
88.13 		Subd. 2.Family eligibility. (a) For a family to receive an early learning scholarship, 
88.14 	parents or guardians must meet the following eligibility requirements:
88.15 	(1) have an eligible child; and
88.16 	(2) have income equal to or less than 185 percent of federal poverty level income in the 
88.17 	current calendar year, or be able to document their child's current participation in the free 
88.18 	and reduced-price lunch meal program or Child and Adult Care Food Program, National 
88.19 	School Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food 
88.20 	Distribution Program on Indian Reservations, Food and Nutrition Act, United States Code, 
88.21 	title 7, sections 2011-2036; Head Start under the federal Improving Head Start for School 
88.22 	Readiness Act of 2007; Minnesota family investment program under chapter 256J; child 
88.23 	care assistance programs under chapter 119B; the supplemental nutrition assistance program; 
88.24 	or placement in foster care under section 260C.212; or is in need of child protective services.
88.25 	(b) An "eligible child" means a child who has not yet enrolled in kindergarten and is:
88.26 	(1) at least three but not yet five years of age on September 1 of the current school year;
88.27 	(2) a sibling from birth to age five of a child who has been awarded a scholarship under 
88.28 	this section provided the sibling attends the same program as long as funds are available;
88.29 	(3) the child of a parent under age 21 who is pursuing a high school degree or a course 
88.30 	of study for a high school equivalency test; or
88.31 	(4) homeless, in foster care, or in need of child protective services, or a child with an 
88.32 	incarcerated parent.
89.1 	(c) A child who has received a scholarship under this section must continue to receive 
89.2 	a scholarship each year until that child is eligible for kindergarten under section 120A.20 
89.3 	and as long as funds are available.
89.4 	(d) Early learning scholarships may not be counted as earned income for the purposes 
89.5 	of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, Minnesota 
89.6 	family investment program under chapter 256J, child care assistance programs under chapter 
89.7 	119B, or Head Start under the federal Improving Head Start for School Readiness Act of 
89.8 	2007.
89.9 	(e) A child from an adjoining state whose family resides at a Minnesota address as 
89.10 	assigned by the United States Postal Service, who has received developmental screening 
89.11 	under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district, 
89.12 	and whose family meets the criteria of paragraph (a) is eligible for an early learning 
89.13 	scholarship under this section.

89.14 	Sec. 7. Minnesota Statutes 2020, section 124D.165, subdivision 3, is amended to read:
89.15 		Subd. 3.Administration. (a) The commissioner shall establish application timelines 
89.16 	and determine the schedule for awarding scholarships that meets operational needs of eligible 
89.17 	families and programs. The commissioner must give highest priority to applications from 
89.18 	children who:
89.19 	(1) have a parent under age 21 who is pursuing a high school diploma or a course of 
89.20 	study for a high school equivalency test;
89.21 	(2) are in foster care or otherwise in need of protection or services, in need of child 
89.22 	protective services, or a child with an incarcerated parent; or
89.23 	(3) have experienced homelessness in the last 24 months, as defined under the federal 
89.24 	McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 11434a.
89.25 	The commissioner may prioritize applications on additional factors including family 
89.26 	income, geographic location, and whether the child's family is on a waiting list for a publicly 
89.27 	funded program providing early education or child care services.
89.28 	(b) The commissioner shall establish a target for the average scholarship amount per 
89.29 	child based on the results of the rate survey conducted under section 119B.02.
89.30 	(c) A four-star rated program that has children eligible for a scholarship enrolled in or 
89.31 	on a waiting list for a program beginning in July, August, or September may notify the 
89.32 	commissioner, in the form and manner prescribed by the commissioner, each year of the 
90.1 	program's desire to enhance program services or to serve more children than current funding 
90.2 	provides. The commissioner may designate a predetermined number of scholarship slots 
90.3 	for that program and notify the program of that number. For fiscal year 2018 and later, the 
90.4 	statewide amount of funding directly designated by the commissioner must not exceed the 
90.5 	funding directly designated for fiscal year 2017. Beginning July 1, 2016, a school district 
90.6 	or Head Start program qualifying under this paragraph may use its established registration 
90.7 	process to enroll scholarship recipients and may verify a scholarship recipient's family 
90.8 	income in the same manner as for other program participants.
90.9 	(d) A scholarship is awarded for a 12-month period. If the scholarship recipient has not 
90.10 	been accepted and subsequently enrolled in a rated program within ten three months of the 
90.11 	awarding of the scholarship, the scholarship cancels and the recipient must reapply in order 
90.12 	to be eligible for another scholarship. A child may not be awarded more than one scholarship 
90.13 	in a 12-month period.
90.14 	(e) A child who receives a scholarship who has not completed development screening 
90.15 	under sections 121A.16 to 121A.19 must complete that screening within 90 days of first 
90.16 	attending an eligible program or within 90 days after the child's third birthday if awarded 
90.17 	a scholarship under the age of three.
90.18 	(f) For fiscal year 2017 and later, a school district or Head Start program enrolling 
90.19 	scholarship recipients under paragraph (c) may apply to the commissioner, in the form and 
90.20 	manner prescribed by the commissioner, for direct payment of state aid. Upon receipt of 
90.21 	the application, the commissioner must pay each program directly for each approved 
90.22 	scholarship recipient enrolled under paragraph (c) according to the metered payment system 
90.23 	or another schedule established by the commissioner.

90.24 	Sec. 8. Laws 2017, First Special Session chapter 5, article 8, section 9, subdivision 2, is 
90.25 	amended to read:
90.26 		Subd. 2.Program requirements. A school readiness plus program provider must:
90.27 	(1) assess each child's cognitive and language skills with a comprehensive child 
90.28 	assessment instrument when the child enters and again before the child leaves the program 
90.29 	to improve program planning and implementation, communicate with parents, and promote 
90.30 	kindergarten readiness and the provider must submit assessment results to the Department 
90.31 	of Education for all students enrolled in school readiness plus program classrooms;
90.32 	(2) provide comprehensive program content and intentional instructional practice aligned 
90.33 	with the state early childhood learning guidelines and kindergarten standards and based on 
91.1 	early childhood research and professional practice that is focused on children's cognitive, 
91.2 	social, emotional, and physical skills and development and prepares children for the transition 
91.3 	to kindergarten, including early literacy and language skills;
91.4 	(3) coordinate appropriate kindergarten transition with parents and kindergarten teachers;
91.5 	(4) involve parents in program planning and decision making;
91.6 	(5) coordinate with relevant community-based services;
91.7 	(6) cooperate with adult basic education programs and other adult literacy programs;
91.8 	(7) ensure staff-to-child ratios of one-to-ten and a maximum group size of 20 children 
91.9 	with at least one licensed teacher;
91.10 	(8) have teachers knowledgeable in early childhood curriculum content, assessment, 
91.11 	native and English language development programs, and instruction; and
91.12 	(9) provide instructional content and activities that are of sufficient length and intensity 
91.13 	to address learning needs including offering a program with at least 350 hours of instruction 
91.14 	per school year.

91.15 	ARTICLE 9
91.16 	CAREER AND TECHNICAL EDUCATION, POSTSECONDARY ENROLLMENT 
91.17 	OPTIONS, AND GRADUATION

91.18 	Section 1. Minnesota Statutes 2020, section 120B.022, subdivision 1, is amended to read:
91.19 		Subdivision 1.Elective standards. A district must establish and regularly review its 
91.20 	own standards in for career and technical education (CTE) programs. Standards must align 
91.21 	with Minnesota CTE Frameworks, standards developed by national CTE organizations, or 
91.22 	recognized industry standards. A district must use the current world languages standards 
91.23 	developed by the American Council on the Teaching of Foreign Languages. A school district 
91.24 	must offer courses in all elective subject areas.

91.25 	Sec. 2. Minnesota Statutes 2020, section 120B.024, subdivision 2, is amended to read:
91.26 		Subd. 2.Credit equivalencies. (a) A one-half credit of economics taught in a school's 
91.27 	agriculture agricultural, food, and natural resources education or business department
91.28 	education program may fulfill a one-half credit in social studies under subdivision 1, clause 
91.29 	(5), if the credit is sufficient to satisfy all of the academic standards in economics.
91.30 	(b) An agriculture science or career and technical education credit may fulfill the elective 
91.31 	science credit required under subdivision 1, clause (4), if the credit meets the state physical 
92.1 	science, life science, earth and space science, chemistry, or physics academic standards or 
92.2 	a combination of these academic standards as approved by the district. An agriculture or 
92.3 	career and technical education credit may fulfill the credit in chemistry or physics required 
92.4 	under subdivision 1, clause (4), if the credit meets the state chemistry or physics academic 
92.5 	standards as approved by the district. A student must satisfy either all of the chemistry 
92.6 	academic standards or all of the physics academic standards prior to graduation. An 
92.7 	agriculture science or career and technical education credit may not fulfill the required 
92.8 	biology credit under subdivision 1, clause (4).
92.9 	(c) A career and technical education credit may fulfill a mathematics or arts credit 
92.10 	requirement under subdivision 1, clause (2) or (6).
92.11 	(d) An agriculture agricultural, food, and natural resources education teacher is not 
92.12 	required to meet the requirements of Minnesota Rules, part 3505.1150, subpart 1 2, item 
92.13 	B, to meet the credit equivalency requirements of paragraph (b) above.
92.14 	(e) A computer science credit may fulfill a mathematics credit requirement under 
92.15 	subdivision 1, clause (2), if the credit meets state academic standards in mathematics.
92.16 	(f) A Project Lead the Way credit may fulfill a science or mathematics credit requirement 
92.17 	under subdivision 1, clause (2) or (4), if the credit meets the state academic standards in 
92.18 	science or mathematics.

92.19 	Sec. 3. Minnesota Statutes 2020, section 124D.09, subdivision 3, is amended to read:
92.20 		Subd. 3.Definitions. For purposes of this section, the following terms have the meanings 
92.21 	given to them.
92.22 	(a) "Eligible institution" means a Minnesota public postsecondary institution, a private, 
92.23 	nonprofit two-year trade and technical school granting associate degrees, an opportunities 
92.24 	industrialization center accredited by an accreditor recognized by the United States 
92.25 	Department of Education, or a private, residential, two-year or four-year, liberal arts, 
92.26 	degree-granting college or university located in Minnesota. An eligible institution cannot 
92.27 	require a faith statement during the application process or base any part of the admission 
92.28 	decision on a student's race, creed, ethnicity, disability, gender, or sexual orientation or 
92.29 	religious beliefs or affiliations.
92.30 	(b) "Course" means a course or program.
92.31 	(c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under 
92.32 	subdivision 5 or 5b enrolls to earn both secondary and postsecondary credits, are taught by 
92.33 	a secondary teacher or a postsecondary faculty member, and are offered at a high school 
93.1 	for which the district is eligible to receive concurrent enrollment program aid under section 
93.2 	124D.091.

93.3 	Sec. 4. Minnesota Statutes 2020, section 124D.09, subdivision 13, is amended to read:
93.4 		Subd. 13.Financial arrangements. For a pupil enrolled in a course under this section, 
93.5 	the department must make payments according to this subdivision for courses that were 
93.6 	taken for secondary credit.
93.7 	The department must not make payments to a school district or postsecondary institution 
93.8 	for a course taken for postsecondary credit only. The department must not make payments 
93.9 	to a postsecondary institution for a course from which a student officially withdraws during 
93.10 	the first 14 ten business days of the postsecondary institution's quarter or semester or who 
93.11 	has been absent from the postsecondary institution for the first 15 consecutive school ten 
93.12 	business days of the postsecondary institution's quarter or semester and is not receiving 
93.13 	instruction in the home or hospital.
93.14 	A postsecondary institution shall receive the following:
93.15 	(1) for an institution granting quarter credit, the reimbursement per credit hour shall be 
93.16 	an amount equal to 88 percent of the product of the formula allowance minus $425, multiplied 
93.17 	by 1.2, and divided by 45; or
93.18 	(2) for an institution granting semester credit, the reimbursement per credit hour shall 
93.19 	be an amount equal to 88 percent of the product of the general revenue formula allowance 
93.20 	minus $425, multiplied by 1.2, and divided by 30.
93.21 	The department must pay to each postsecondary institution 100 percent of the amount 
93.22 	in clause (1) or (2) within 45 days of receiving initial enrollment information each quarter 
93.23 	or semester. If changes in enrollment occur during a quarter or semester, the change shall 
93.24 	be reported by the postsecondary institution at the time the enrollment information for the 
93.25 	succeeding quarter or semester is submitted. At any time the department notifies a 
93.26 	postsecondary institution that an overpayment has been made, the institution shall promptly 
93.27 	remit the amount due.

93.28 	Sec. 5. Minnesota Statutes 2020, section 124D.128, subdivision 1, is amended to read:
93.29 		Subdivision 1.Program established. A learning year program provides instruction 
93.30 	throughout the year on an extended year calendar, extended school day calendar, or both. 
93.31 	A pupil may participate in the program and accelerate attainment of grade level requirements 
93.32 	or graduation requirements. A learning year program may begin after the close of the regular 
94.1 	school year in June. The program may be for students in one or more grade levels from 
94.2 	kindergarten through grade 12.

94.3 	Sec. 6. REPEALER.
 94.4 	Minnesota Statutes 2020, section 120B.35, subdivision 5, is repealed.

94.5 	ARTICLE 10
94.6 	ADMINISTRATIVE UPDATES AND TECHNICAL CORRECTIONS

94.7 	Section 1. Minnesota Statutes 2020, section 120B.021, subdivision 3, is amended to read:
94.8 		Subd. 3.Rulemaking. The commissioner, consistent with the requirements of this section 
94.9 	and section 120B.022, must adopt statewide rules under section 14.389 for implementing 
94.10 	statewide rigorous core academic standards in language arts, mathematics, science, social 
94.11 	studies, physical education, and the arts. After the rules authorized under this subdivision 
94.12 	are initially adopted, the commissioner may not amend or repeal these rules nor adopt new 
94.13 	rules on the same topic without specific legislative authorization unless done pursuant to 
94.14 	subdivision 4.

94.15 	Sec. 2. Minnesota Statutes 2020, section 120B.30, subdivision 1, is amended to read:
94.16 		Subdivision 1.Statewide testing. (a) The commissioner, with advice from experts with 
94.17 	appropriate technical qualifications and experience and stakeholders, consistent with 
94.18 	subdivision 1a, must include in the comprehensive assessment system, for each grade level 
94.19 	to be tested, state-constructed tests developed as computer-adaptive reading and mathematics 
94.20 	assessments for students that are aligned with the state's required academic standards under 
94.21 	section 120B.021, include multiple choice questions, and are administered annually to all 
94.22 	students in grades 3 through 8. State-developed high school tests aligned with the state's 
94.23 	required academic standards under section 120B.021 and administered to all high school 
94.24 	students in a subject other than writing must include multiple choice questions. The 
94.25 	commissioner must establish a testing period as late as possible each school year during 
94.26 	which schools must administer the Minnesota Comprehensive Assessments to students. The 
94.27 	commissioner must publish the testing schedule at least two years before the beginning of 
94.28 	the testing period.
94.29 	(b) The state assessment system must be aligned to the most recent revision of academic 
94.30 	standards as described in section 120B.023 in the following manner:
94.31 	(1) mathematics;
95.1 	(i) grades 3 through 8 beginning in the 2010-2011 school year; and
95.2 	(ii) high school level beginning in the 2013-2014 school year;
95.3 	(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012 
95.4 	school year; and
95.5 	(3) language arts and reading; grades 3 through 8 and high school level beginning in the 
95.6 	2012-2013 school year.
95.7 	(c) For students enrolled in grade 8 in the 2012-2013 school year and later, students' 
95.8 	state graduation requirements, based on a longitudinal, systematic approach to student 
95.9 	education and career planning, assessment, instructional support, and evaluation, include 
95.10 	the following:
95.11 	(1) achievement and career and college readiness in mathematics, reading, and writing, 
95.12 	consistent with paragraph (k) and to the extent available, to monitor students' continuous 
95.13 	development of and growth in requisite knowledge and skills; analyze students' progress 
95.14 	and performance levels, identifying students' academic strengths and diagnosing areas where 
95.15 	students require curriculum or instructional adjustments, targeted interventions, or 
95.16 	remediation; and, based on analysis of students' progress and performance data, determine 
95.17 	students' learning and instructional needs and the instructional tools and best practices that 
95.18 	support academic rigor for the student; and
95.19 	(2) consistent with this paragraph and section 120B.125, age-appropriate exploration 
95.20 	and planning activities and career assessments to encourage students to identify personally 
95.21 	relevant career interests and aptitudes and help students and their families develop a regularly 
95.22 	reexamined transition plan for postsecondary education or employment without need for 
95.23 	postsecondary remediation.
95.24 	Based on appropriate state guidelines, students with an individualized education program 
95.25 	may satisfy state graduation requirements by achieving an individual score on the 
95.26 	state-identified alternative assessments.
95.27 	(d) Expectations of schools, districts, and the state for career or college readiness under 
95.28 	this subdivision must be comparable in rigor, clarity of purpose, and rates of student 
95.29 	completion.
95.30 	A student under paragraph (c), clause (1), must receive targeted, relevant, academically 
95.31 	rigorous, and resourced instruction, which may include a targeted instruction and intervention 
95.32 	plan focused on improving the student's knowledge and skills in core subjects so that the 
95.33 	student has a reasonable chance to succeed in a career or college without need for 
96.1 	postsecondary remediation. Consistent with sections 120B.13, 124D.09, 124D.091, 124D.49, 
96.2 	and related sections, an enrolling school or district must actively encourage a student in 
96.3 	grade 11 or 12 who is identified as academically ready for a career or college to participate 
96.4 	in courses and programs awarding college credit to high school students. Students are not 
96.5 	required to achieve a specified score or level of proficiency on an assessment under this 
96.6 	subdivision to graduate from high school.
96.7 	(e) Though not a high school graduation requirement, students are encouraged to 
96.8 	participate in a nationally recognized college entrance exam. To the extent state funding 
96.9 	for college entrance exam fees is available, a district must pay the cost, one time, for an 
96.10 	interested student in grade 11 or 12 who is eligible for a free or reduced-price meal, to take 
96.11 	a nationally recognized college entrance exam before graduating. A student must be able 
96.12 	to take the exam under this paragraph at the student's high school during the school day and 
96.13 	at any one of the multiple exam administrations available to students in the district. A district 
96.14 	may administer the ACT or SAT or both the ACT and SAT to comply with this paragraph. 
96.15 	If the district administers only one of these two tests and a free or reduced-price meal eligible 
96.16 	student opts not to take that test and chooses instead to take the other of the two tests, the 
96.17 	student may take the other test at a different time or location and remains eligible for the 
96.18 	examination fee reimbursement. Notwithstanding sections 123B.34 to 123B.39, a school 
96.19 	district may require a student that is not eligible for a free or reduced-price meal to pay the 
96.20 	cost of taking a nationally recognized college entrance exam. The district must waive the 
96.21 	cost for a student unable to pay.
96.22 	(f) The commissioner and the chancellor of the Minnesota State Colleges and Universities 
96.23 	must collaborate in aligning instruction and assessments for adult basic education students 
96.24 	and English learners to provide the students with diagnostic information about any targeted 
96.25 	interventions, accommodations, modifications, and supports they need so that assessments 
96.26 	and other performance measures are accessible to them and they may seek postsecondary 
96.27 	education or employment without need for postsecondary remediation. When administering 
96.28 	formative or summative assessments used to measure the academic progress, including the 
96.29 	oral academic development, of English learners and inform their instruction, schools must 
96.30 	ensure that the assessments are accessible to the students and students have the modifications 
96.31 	and supports they need to sufficiently understand the assessments.
96.32 	(g) Districts and schools, on an annual basis, must use career exploration elements to 
96.33 	help students, beginning no later than grade 9, and their families explore and plan for 
96.34 	postsecondary education or careers based on the students' interests, aptitudes, and aspirations. 
96.35 	Districts and schools must use timely regional labor market information and partnerships, 
97.1 	among other resources, to help students and their families successfully develop, pursue, 
97.2 	review, and revise an individualized plan for postsecondary education or a career. This 
97.3 	process must help increase students' engagement in and connection to school, improve 
97.4 	students' knowledge and skills, and deepen students' understanding of career pathways as 
97.5 	a sequence of academic and career courses that lead to an industry-recognized credential, 
97.6 	an associate's degree, or a bachelor's degree and are available to all students, whatever their 
97.7 	interests and career goals.
97.8 	(h) A student who demonstrates attainment of required state academic standards, which 
97.9 	include career and college readiness benchmarks, on high school assessments under 
97.10 	subdivision 1a is academically ready for a career or college and is encouraged to participate 
97.11 	in courses awarding college credit to high school students. Such courses and programs may 
97.12 	include sequential courses of study within broad career areas and technical skill assessments 
97.13 	that extend beyond course grades.
97.14 	(i) As appropriate, students through grade 12 must continue to participate in targeted 
97.15 	instruction, intervention, or remediation and be encouraged to participate in courses awarding 
97.16 	college credit to high school students.
97.17 	(j) In developing, supporting, and improving students' academic readiness for a career 
97.18 	or college, schools, districts, and the state must have a continuum of empirically derived, 
97.19 	clearly defined benchmarks focused on students' attainment of knowledge and skills so that 
97.20 	students, their parents, and teachers know how well students must perform to have a 
97.21 	reasonable chance to succeed in a career or college without need for postsecondary 
97.22 	remediation. The commissioner, in consultation with local school officials and educators, 
97.23 	and Minnesota's public postsecondary institutions must ensure that the foundational 
97.24 	knowledge and skills for students' successful performance in postsecondary employment 
97.25 	or education and an articulated series of possible targeted interventions are clearly identified 
97.26 	and satisfy Minnesota's postsecondary admissions requirements.
97.27 	(k) For students in grade 8 in the 2012-2013 school year and later, a school, district, or 
97.28 	charter school must record on the high school transcript a student's progress toward career 
97.29 	and college readiness, and for other students as soon as practicable.
97.30 	(l) The school board granting students their diplomas may formally decide to include a 
97.31 	notation of high achievement on the high school diplomas of those graduating seniors who, 
97.32 	according to established school board criteria, demonstrate exemplary academic achievement 
97.33 	during high school.
98.1 	(m) The 3rd through 8th grade computer-adaptive assessment results and high school 
98.2 	test results must be available to districts for diagnostic purposes affecting student learning 
98.3 	and district instruction and curriculum, and for establishing educational accountability. The 
98.4 	commissioner, in consultation with the chancellor of the Minnesota State Colleges and 
98.5 	Universities, must establish empirically derived benchmarks on the high school tests that 
98.6 	reveal a trajectory toward career and college readiness consistent with section 136F.302, 
98.7 	subdivision 1a. The commissioner must disseminate to the public the computer-adaptive 
98.8 	assessments and high school test results upon receiving those results.
98.9 	(n) The grades 3 through 8 computer-adaptive assessments and high school tests must 
98.10 	be aligned with state academic standards. The commissioner must determine the testing 
98.11 	process and the order of administration. The statewide results must be aggregated at the site 
98.12 	and district level, consistent with subdivision 1a.
98.13 	(o) The commissioner must include the following components in the statewide public 
98.14 	reporting system:
98.15 	(1) uniform statewide computer-adaptive assessments of all students in grades 3 through 
98.16 	8 and testing at the high school levels that provides appropriate, technically sound 
98.17 	accommodations or alternate assessments;
98.18 	(2) educational indicators that can be aggregated and compared across school districts 
98.19 	and across time on a statewide basis, including average daily consistent attendance, high 
98.20 	school graduation rates, and high school drop-out rates by age and grade level;
98.21 	(3) state results on the American College Test ACT test; and
98.22 	(4) state results from participation in the National Assessment of Educational Progress 
98.23 	so that the state can benchmark its performance against the nation and other states, and, 
98.24 	where possible, against other countries, and contribute to the national effort to monitor 
98.25 	achievement.
98.26 	(p) For purposes of statewide accountability, "career and college ready" means a high 
98.27 	school graduate has the knowledge, skills, and competencies to successfully pursue a career 
98.28 	pathway, including postsecondary credit leading to a degree, diploma, certificate, or 
98.29 	industry-recognized credential and employment. Students who are career and college ready 
98.30 	are able to successfully complete credit-bearing coursework at a two- or four-year college 
98.31 	or university or other credit-bearing postsecondary program without need for remediation.
98.32 	(q) For purposes of statewide accountability, "cultural competence," "cultural 
98.33 	competency," or "culturally competent" means the ability of families and educators to 
99.1 	interact effectively with people of different cultures, native languages, and socioeconomic 
99.2 	backgrounds.

99.3 	Sec. 3. Minnesota Statutes 2020, section 120B.31, subdivision 4, is amended to read:
99.4 		Subd. 4. Student performance data. In developing policies and assessment processes 
99.5 	to hold schools and districts accountable for high levels of academic standards under section 
99.6 	120B.021, the commissioner shall aggregate and disaggregate student data over time to 
99.7 	report summary student performance and growth levels and, under section 120B.11, 
99.8 	subdivision 2, clause (2), student learning and outcome data measured at the school, school 
99.9 	district, and statewide level. The commissioner shall use the student categories identified 
99.10 	under the federal Elementary and Secondary Education Act, as most recently reauthorized, 
99.11 	and student categories of:
99.12 	(1) homelessness;
99.13 	(2) ethnicity under section 120B.35, subdivision 3, paragraph (a), clause (2);
99.14 	(3) race under section 120B.35, subdivision 3, paragraph (a), clause (2);
99.15 	(4) home language;
99.16 	(5) English learners under section 124D.59;
99.17 	(6) free or reduced-price lunch meals; and
99.18 	(7) other categories designated by federal law to organize and report the data so that 
99.19 	state and local policy makers can understand the educational implications of changes in 
99.20 	districts' demographic profiles over time as data are available.
99.21 	Any report the commissioner disseminates containing summary data on student performance 
99.22 	must integrate student performance and the demographic factors that strongly correlate with 
99.23 	that performance.

99.24 	Sec. 4. Minnesota Statutes 2020, section 120B.35, subdivision 3, is amended to read:
99.25 		Subd. 3.State growth target measures; other state measures. (a)(1) The state's 
99.26 	educational assessment system measuring individual students' educational growth is based 
99.27 	on indicators of current achievement growth that show growth from an individual student's 
99.28 	prior achievement. Indicators of achievement and prior achievement must be based on highly 
99.29 	reliable statewide or districtwide assessments. Indicators that take into account a student's 
99.30 	prior achievement must not be used to disregard a school's low achievement or to exclude 
99.31 	a school from a program to improve low-achievement levels.
100.1 	(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and 
100.2 	report, as soon as practicable, separate categories of information using the student categories 
100.3 	identified under the federal Elementary and Secondary Education Act, as most recently 
100.4 	reauthorized, and, in addition to "other" for each race and ethnicity, and the Karen 
100.5 	community, seven of the most populous Asian and Pacific Islander groups, three of the most 
100.6 	populous Native groups, seven of the most populous Hispanic/Latino groups, and five of 
100.7 	the most populous Black and African Heritage groups as determined by the total Minnesota 
100.8 	population based on the most recent American Community Survey;. These groups must be 
100.9 	determined by a ten-year cycle using the American Community Survey of the total Minnesota 
100.10 	population. The determination must be based on the most recent five-year dataset starting 
100.11 	with the 2021-2025 dataset. Additional categories must include English learners under 
100.12 	section 124D.59; home language; free or reduced-price lunch meals; and all students enrolled 
100.13 	in a Minnesota public school who are currently or were previously in foster care, except 
100.14 	that such disaggregation and cross tabulation is not required if the number of students in a 
100.15 	category is insufficient to yield statistically reliable information or the results would reveal 
100.16 	personally identifiable information about an individual student.
100.17 	(b) The commissioner, in consultation with a stakeholder group that includes assessment 
100.18 	and evaluation directors, district staff, experts in culturally responsive teaching, and 
100.19 	researchers, must implement a an appropriate growth model that compares the difference 
100.20 	in students' achievement scores over time, and includes criteria for identifying schools and 
100.21 	school districts that demonstrate academic progress or progress toward English language 
100.22 	proficiency. The model may be used to advance educators' professional development and 
100.23 	replicate programs that succeed in meeting students' diverse learning needs. Data on 
100.24 	individual teachers generated under the model are personnel data under section 13.43. The 
100.25 	model must allow users to:
100.26 	(1) report student growth consistent with this paragraph; and
100.27 	(2) for all student categories, report and compare aggregated and disaggregated state 
100.28 	student growth and, under section 120B.11, subdivision 2, clause (2), student learning and 
100.29 	outcome data using the student categories identified under the federal Elementary and 
100.30 	Secondary Education Act, as most recently reauthorized, and other student categories under 
100.31 	paragraph (a), clause (2).
100.32 	The commissioner must report measures of student growth and, under section 120B.11, 
100.33 	subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph, 
100.34 	including the English language development, academic progress, and oral academic 
100.35 	development of English learners and their native language development if the native language 
101.1 	is used as a language of instruction, and include data on all pupils enrolled in a Minnesota 
101.2 	public school course or program who are currently or were previously counted as an English 
101.3 	learner under section 124D.59.
101.4 	(c) When reporting student performance under section 120B.36, subdivision 1, the 
101.5 	commissioner annually, beginning July 1, 2011, must report two core measures indicating 
101.6 	the extent to which current high school graduates are being prepared for postsecondary 
101.7 	academic and career opportunities:
101.8 	(1) a preparation measure indicating the number and percentage of high school graduates 
101.9 	in the most recent school year who completed course work important to preparing them for 
101.10 	postsecondary academic and career opportunities, consistent with the core academic subjects 
101.11 	required for admission to Minnesota's public colleges and universities as determined by the 
101.12 	Office of Higher Education under chapter 136A; and
101.13 	(2) a rigorous coursework measure indicating the number and percentage of high school 
101.14 	graduates in the most recent school year who successfully completed one or more 
101.15 	college-level advanced placement, international baccalaureate, postsecondary enrollment 
101.16 	options including concurrent enrollment, other rigorous courses of study under section 
101.17 	120B.021, subdivision 1a, or industry certification courses or programs.
101.18 	When reporting the core measures under clauses (1) and (2), the commissioner must also 
101.19 	analyze and report separate categories of information using the student categories identified 
101.20 	under the federal Elementary and Secondary Education Act, as most recently reauthorized, 
101.21 	and other student categories under paragraph (a), clause (2).
101.22 	(d) When reporting student performance under section 120B.36, subdivision 1, the 
101.23 	commissioner annually, beginning July 1, 2014, must report summary data on school safety 
101.24 	and students' engagement and connection at school, consistent with the student categories 
101.25 	identified under paragraph (a), clause (2). The summary data under this paragraph are 
101.26 	separate from and must not be used for any purpose related to measuring or evaluating the 
101.27 	performance of classroom teachers. The commissioner, in consultation with qualified experts 
101.28 	on student engagement and connection and classroom teachers, must identify highly reliable 
101.29 	variables that generate summary data under this paragraph. The summary data may be used 
101.30 	at school, district, and state levels only. Any data on individuals received, collected, or 
101.31 	created that are used to generate the summary data under this paragraph are nonpublic data 
101.32 	under section 13.02, subdivision 9.
101.33 	(e) For purposes of statewide educational accountability, the commissioner must identify 
101.34 	and report measures that demonstrate the success of learning year program providers under 
102.1 	sections 123A.05 and 124D.68, among other such providers, in improving students' 
102.2 	graduation outcomes. The commissioner, beginning July 1, 2015, must annually report 
102.3 	summary data on:
102.4 	(1) the four- and six-year graduation rates of students under this paragraph;
102.5 	(2) the percent of students under this paragraph whose progress and performance levels 
102.6 	are meeting career and college readiness benchmarks under section 120B.30, subdivision 
102.7 	1; and
102.8 	(3) the success that learning year program providers experience in:
102.9 	(i) identifying at-risk and off-track student populations by grade;
102.10 	(ii) providing successful prevention and intervention strategies for at-risk students;
102.11 	(iii) providing successful recuperative and recovery or reenrollment strategies for off-track 
102.12 	students; and
102.13 	(iv) improving the graduation outcomes of at-risk and off-track students.
102.14 	The commissioner may include in the annual report summary data on other education 
102.15 	providers serving a majority of students eligible to participate in a learning year program.
102.16 	(f) The commissioner, in consultation with recognized experts with knowledge and 
102.17 	experience in assessing the language proficiency and academic performance of all English 
102.18 	learners enrolled in a Minnesota public school course or program who are currently or were 
102.19 	previously counted as an English learner under section 124D.59, must identify and report 
102.20 	appropriate and effective measures to improve current categories of language difficulty and 
102.21 	assessments, and monitor and report data on students' English proficiency levels, program 
102.22 	placement, and academic language development, including oral academic language.
102.23 	(g) When reporting four- and six-year graduation rates, the commissioner or school 
102.24 	district must disaggregate the data by student categories according to paragraph (a), clause 
102.25 	(2).
102.26 	(h) A school district must inform parents and guardians that volunteering information 
102.27 	on student categories not required by the most recent reauthorization of the Elementary and 
102.28 	Secondary Education Act is optional and will not violate the privacy of students or their 
102.29 	families, parents, or guardians. The notice must state the purpose for collecting the student 
102.30 	data.

103.1 	EFFECTIVE DATE. This section is effective the day following final enactment. The 
103.2 	next update to the data used to determine the most populous groups must be implemented 
103.3 	in 2026 using the 2021-2025 dataset.

103.4 	Sec. 5. Minnesota Statutes 2020, section 120B.36, subdivision 2, is amended to read:
103.5 		Subd. 2.Student progress and other data. (a) All data the department receives, collects, 
103.6 	or creates under section 120B.11, governing the world's best workforce, or uses to determine 
103.7 	federal expectations under the most recently reauthorized Elementary and Secondary 
103.8 	Education Act, set state growth targets, and determine student growth, learning, and outcomes 
103.9 	under section 120B.35 are nonpublic data under section 13.02, subdivision 9, until the 
103.10 	commissioner publicly releases the data.
103.11 	(b) Districts must provide parents sufficiently detailed summary data to permit parents 
103.12 	to appeal under the most recently reauthorized federal Elementary and Secondary Education 
103.13 	Act. The commissioner shall annually post federal expectations and state student growth, 
103.14 	learning, and outcome data to the department's public website no later than September 1, 
103.15 	except that in years when data or federal expectations reflect new performance standards, 
103.16 	the commissioner shall post data on federal expectations and state student growth data no 
103.17 	later than October 1.

103.18 	Sec. 6. Minnesota Statutes 2020, section 123A.09, is amended to read:
103.19 	123A.09 DESIGNATING AND APPROVING A CENTER.
103.20 	The commissioner shall establish a process for state designation and approval of area 
103.21 	learning centers that meet the provisions of sections 123A.05 to 123A.08. Any process for 
103.22 	designating and approving an area learning center must emphasize the importance of having 
103.23 	the area learning center serve students who have dropped out of school, are homeless, are 
103.24 	eligible to receive free or reduced priced lunch reduced-price meals, have been suspended 
103.25 	or expelled, have been declared truant or are pregnant or parents.

103.26 	Sec. 7. Minnesota Statutes 2020, section 124D.15, subdivision 15, is amended to read:
103.27 		Subd. 15.Eligibility. A child is eligible to participate in a school readiness program if 
103.28 	the child:
103.29 	(1) is at least three years old on September 1;
103.30 	(2) has completed health and developmental screening within 90 days of program 
103.31 	enrollment under sections 121A.16 to 121A.19; and
104.1 	(3) has one or more of the following risk factors:
104.2 	(i) qualifies for free or reduced-price lunch meals;
104.3 	(ii) is an English learner;
104.4 	(iii) is homeless;
104.5 	(iv) has an individualized education program (IEP) or standardized written plan;
104.6 	(v) is identified, through health and developmental screenings under sections 121A.16
104.7 	to 121A.19, with a potential risk factor that may influence learning; or
104.8 	(vi) is defined as at risk by the school district.

104.9 	Sec. 8. Minnesota Statutes 2020, section 124D.151, subdivision 5, is amended to read:
104.10 		Subd. 5.Application process; priority for high poverty schools. (a) To qualify for 
104.11 	program approval for fiscal year 2017, a district or charter school must submit an application 
104.12 	to the commissioner by July 1, 2016. To qualify for program approval for fiscal year 2018 
104.13 	and later, a district or charter school must submit an application to the commissioner by 
104.14 	January 30 of the fiscal year prior to the fiscal year in which the program will be 
104.15 	implemented. The application must include:
104.16 	(1) a description of the proposed program, including the number of hours per week the 
104.17 	program will be offered at each school site or mixed-delivery location;
104.18 	(2) an estimate of the number of eligible children to be served in the program at each 
104.19 	school site or mixed-delivery location; and
104.20 	(3) a statement of assurances signed by the superintendent or charter school director that 
104.21 	the proposed program meets the requirements of subdivision 2.
104.22 	(b) The commissioner must review all applications submitted for fiscal year 2017 by 
104.23 	August 1, 2016, and must review all applications submitted for fiscal year 2018 and later 
104.24 	by March 1 of the fiscal year in which the applications are received and determine whether 
104.25 	each application meets the requirements of paragraph (a).
104.26 	(c) The commissioner must divide all applications for new or expanded voluntary 
104.27 	prekindergarten programs under this section meeting the requirements of paragraph (a) and 
104.28 	school readiness plus programs into four groups as follows: the Minneapolis and St. Paul 
104.29 	school districts; other school districts located in the metropolitan equity region as defined 
104.30 	in section 126C.10, subdivision 28; school districts located in the rural equity region as 
105.1 	defined in section 126C.10, subdivision 28; and charter schools. Within each group, the 
105.2 	applications must be ordered by rank using a sliding scale based on the following criteria:
105.3 	(1) concentration of kindergarten students eligible for free or reduced-price lunches
105.4 	meals by school site on October 1 of the previous school year. A school site may contract 
105.5 	to partner with a community-based provider or Head Start under subdivision 3 or establish 
105.6 	an early childhood center and use the concentration of kindergarten students eligible for 
105.7 	free or reduced-price meals from a specific school site as long as those eligible children are 
105.8 	prioritized and guaranteed services at the mixed-delivery site or early education center. For 
105.9 	school district programs to be operated at locations that do not have free and reduced-price 
105.10 	lunch meal concentration data for kindergarten programs for October 1 of the previous 
105.11 	school year, including mixed-delivery programs, the school district average concentration 
105.12 	of kindergarten students eligible for free or reduced-price lunches meals must be used for 
105.13 	the rank ordering;
105.14 	(2) presence or absence of a three- or four-star Parent Aware rated program within the 
105.15 	school district or close proximity of the district. School sites with the highest concentration 
105.16 	of kindergarten students eligible for free or reduced-price lunches meals that do not have a 
105.17 	three- or four-star Parent Aware program within the district or close proximity of the district 
105.18 	shall receive the highest priority, and school sites with the lowest concentration of 
105.19 	kindergarten students eligible for free or reduced-price lunches meals that have a three- or 
105.20 	four-star Parent Aware rated program within the district or close proximity of the district 
105.21 	shall receive the lowest priority; and
105.22 	(3) whether the district has implemented a mixed delivery system.
105.23 	(d) The limit on participation for the programs as specified in subdivision 6 must initially 
105.24 	be allocated among the four groups based on each group's percentage share of the statewide 
105.25 	kindergarten enrollment on October 1 of the previous school year. Within each group, the 
105.26 	participation limit for fiscal years 2018 and 2019 must first be allocated to school sites 
105.27 	approved for aid in the previous year to ensure that those sites are funded for the same 
105.28 	number of participants as approved for the previous year. The remainder of the participation 
105.29 	limit for each group must be allocated among school sites in priority order until that region's 
105.30 	share of the participation limit is reached. If the participation limit is not reached for all 
105.31 	groups, the remaining amount must be allocated to the highest priority school sites, as 
105.32 	designated under this section, not funded in the initial allocation on a statewide basis. For 
105.33 	fiscal year 2020 and later, the participation limit must first be allocated to school sites 
105.34 	approved for aid in fiscal year 2017, and then to school sites approved for aid in fiscal year 
105.35 	2018 based on the statewide rankings under paragraph (c).
106.1 	(e) Once a school site or a mixed delivery site under subdivision 3 is approved for aid 
106.2 	under this subdivision, it shall remain eligible for aid if it continues to meet program 
106.3 	requirements, regardless of changes in the concentration of students eligible for free or 
106.4 	reduced-price lunches meals.
106.5 	(f) If the total number of participants approved based on applications submitted under 
106.6 	paragraph (a) is less than the participation limit under subdivision 6, the commissioner must 
106.7 	notify all school districts and charter schools of the amount that remains available within 
106.8 	30 days of the initial application deadline under paragraph (a), and complete a second round 
106.9 	of allocations based on applications received within 60 days of the initial application deadline.
106.10 	(g) Procedures for approving applications submitted under paragraph (f) shall be the 
106.11 	same as specified in paragraphs (a) to (d), except that the allocations shall be made to the 
106.12 	highest priority school sites not funded in the initial allocation on a statewide basis.

106.13 	Sec. 9. Minnesota Statutes 2020, section 124D.16, subdivision 2, is amended to read:
106.14 		Subd. 2.Amount of aid. (a) A district is eligible to receive school readiness aid for 
106.15 	eligible prekindergarten pupils enrolled in a school readiness program under section 124D.15
106.16 	if the biennial plan required by section 124D.15, subdivision 3a, has been approved by the 
106.17 	commissioner.
106.18 	(b) A district must receive school readiness aid equal to:
106.19 	(1) the number of four-year-old children in the district on October 1 for the previous 
106.20 	school year times the ratio of 50 percent of the total school readiness aid for that year to the 
106.21 	total number of four-year-old children reported to the commissioner for the previous school 
106.22 	year; plus
106.23 	(2) the number of pupils enrolled in the school district from families eligible for the free 
106.24 	or reduced reduced-price school lunch meal program for the previous school year times the 
106.25 	ratio of 50 percent of the total school readiness aid for that year to the total number of pupils 
106.26 	in the state from families eligible for the free or reduced reduced-price school lunch meal
106.27 	program for the previous school year.
106.28 	(c) The total school readiness aid entitlement equals $23,558,000 for fiscal year 2016 
106.29 	and $33,683,000 for fiscal year 2017 and later.

107.1 	Sec. 10. Minnesota Statutes 2020, section 124D.231, subdivision 2, is amended to read:
107.2 		Subd. 2.Full-service community school program. (a) The commissioner shall provide 
107.3 	funding to eligible school sites to plan, implement, and improve full-service community 
107.4 	schools. Eligible school sites must meet one of the following criteria:
107.5 	(1) the school is on a development plan for continuous improvement under section 
107.6 	120B.35, subdivision 2; or
107.7 	(2) the school is in a district that has an achievement and integration plan approved by 
107.8 	the commissioner of education under sections 124D.861 and 124D.862.
107.9 	(b) An eligible school site may receive up to $150,000 annually. School sites receiving 
107.10 	funding under this section shall hire or contract with a partner agency to hire a site coordinator 
107.11 	to coordinate services at each covered school site.
107.12 	(c) Of grants awarded, implementation funding of up to $20,000 must be available for 
107.13 	up to one year for planning for school sites. At the end of this period, the school must submit 
107.14 	a full-service community school plan, pursuant to paragraph (g). If the site decides not to 
107.15 	use planning funds, the plan must be submitted with the application.
107.16 	(d) The commissioner shall consider additional school factors when dispensing funds 
107.17 	including: schools with significant populations of students receiving free or reduced-price 
107.18 	lunches meals; significant homeless and highly mobile rates; and equity among urban, 
107.19 	suburban, and greater Minnesota schools.
107.20 	(e) A school site must establish a school leadership team responsible for developing 
107.21 	school-specific programming goals, assessing program needs, and overseeing the process 
107.22 	of implementing expanded programming at each covered site. The school leadership team 
107.23 	shall have between 12 to 15 members and shall meet the following requirements:
107.24 	(1) at least 30 percent of the members are parents and 30 percent of the members are 
107.25 	teachers at the school site and must include the school principal and representatives from 
107.26 	partner agencies; and
107.27 	(2) the school leadership team must be responsible for overseeing the baseline analyses 
107.28 	under paragraph (f). A school leadership team must have ongoing responsibility for 
107.29 	monitoring the development and implementation of full-service community school operations 
107.30 	and programming at the school site and shall issue recommendations to schools on a regular 
107.31 	basis and summarized in an annual report. These reports shall also be made available to the 
107.32 	public at the school site and on school and district websites.
108.1 	(f) School sites must complete a baseline analysis prior to beginning programming as a 
108.2 	full-service community school. The analysis shall include:
108.3 	(1) a baseline analysis of needs at the school site, led by the school leadership team, 
108.4 	which shall include the following elements:
108.5 	(i) identification of challenges facing the school;
108.6 	(ii) analysis of the student body, including:
108.7 	(A) number and percentage of students with disabilities and needs of these students;
108.8 	(B) number and percentage of students who are English learners and the needs of these 
108.9 	students;
108.10 	(C) number of students who are homeless or highly mobile; and
108.11 	(D) number and percentage of students receiving free or reduced-price lunch meals and 
108.12 	the needs of these students;
108.13 	(iii) analysis of enrollment and retention rates for students with disabilities, English 
108.14 	learners, homeless and highly mobile students, and students receiving free or reduced-price 
108.15 	lunch meals;
108.16 	(iv) analysis of suspension and expulsion data, including the justification for such 
108.17 	disciplinary actions and the degree to which particular populations, including, but not limited 
108.18 	to, students of color, students with disabilities, students who are English learners, and 
108.19 	students receiving free or reduced-price lunch meals are represented among students subject 
108.20 	to such actions;
108.21 	(v) analysis of school achievement data disaggregated by major demographic categories, 
108.22 	including, but not limited to, race, ethnicity, English learner status, disability status, and 
108.23 	free or reduced-price lunch meals status;
108.24 	(vi) analysis of current parent engagement strategies and their success; and
108.25 	(vii) evaluation of the need for and availability of wraparound services, including, but 
108.26 	not limited to:
108.27 	(A) mechanisms for meeting students' social, emotional, and physical health needs, 
108.28 	which may include coordination of existing services as well as the development of new 
108.29 	services based on student needs; and
109.1 	(B) strategies to create a safe and secure school environment and improve school climate 
109.2 	and discipline, such as implementing a system of positive behavioral supports, and taking 
109.3 	additional steps to eliminate bullying;
109.4 	(2) a baseline analysis of community assets and a strategic plan for utilizing and aligning 
109.5 	identified assets. This analysis should include, but is not limited to, a documentation of 
109.6 	individuals in the community, faith-based organizations, community and neighborhood 
109.7 	associations, colleges, hospitals, libraries, businesses, and social service agencies who may 
109.8 	be able to provide support and resources; and
109.9 	(3) a baseline analysis of needs in the community surrounding the school, led by the 
109.10 	school leadership team, including, but not limited to:
109.11 	(i) the need for high-quality, full-day child care and early childhood education programs;
109.12 	(ii) the need for physical and mental health care services for children and adults; and
109.13 	(iii) the need for job training and other adult education programming.
109.14 	(g) Each school site receiving funding under this section must establish at least two of 
109.15 	the following types of programming:
109.16 	(1) early childhood:
109.17 	(i) early childhood education; and
109.18 	(ii) child care services;
109.19 	(2) academic:
109.20 	(i) academic support and enrichment activities, including expanded learning time;
109.21 	(ii) summer or after-school enrichment and learning experiences;
109.22 	(iii) job training, internship opportunities, and career counseling services;
109.23 	(iv) programs that provide assistance to students who have been truant, suspended, or 
109.24 	expelled; and
109.25 	(v) specialized instructional support services;
109.26 	(3) parental involvement:
109.27 	(i) programs that promote parental involvement and family literacy;
109.28 	(ii) parent leadership development activities; and
109.29 	(iii) parenting education activities;
110.1 	(4) mental and physical health:
110.2 	(i) mentoring and other youth development programs, including peer mentoring and 
110.3 	conflict mediation;
110.4 	(ii) juvenile crime prevention and rehabilitation programs;
110.5 	(iii) home visitation services by teachers and other professionals;
110.6 	(iv) developmentally appropriate physical education;
110.7 	(v) nutrition services;
110.8 	(vi) primary health and dental care; and
110.9 	(vii) mental health counseling services;
110.10 	(5) community involvement:
110.11 	(i) service and service-learning opportunities;
110.12 	(ii) adult education, including instruction in English as a second language; and
110.13 	(iii) homeless prevention services;
110.14 	(6) positive discipline practices; and
110.15 	(7) other programming designed to meet school and community needs identified in the 
110.16 	baseline analysis and reflected in the full-service community school plan.
110.17 	(h) The school leadership team at each school site must develop a full-service community 
110.18 	school plan detailing the steps the school leadership team will take, including:
110.19 	(1) timely establishment and consistent operation of the school leadership team;
110.20 	(2) maintenance of attendance records in all programming components;
110.21 	(3) maintenance of measurable data showing annual participation and the impact of 
110.22 	programming on the participating children and adults;
110.23 	(4) documentation of meaningful and sustained collaboration between the school and 
110.24 	community stakeholders, including local governmental units, civic engagement organizations, 
110.25 	businesses, and social service providers;
110.26 	(5) establishment and maintenance of partnerships with institutions, such as universities, 
110.27 	hospitals, museums, or not-for-profit community organizations to further the development 
110.28 	and implementation of community school programming;
110.29 	(6) ensuring compliance with the district nondiscrimination policy; and
111.1 	(7) plan for school leadership team development.

111.2 	Sec. 11. Minnesota Statutes 2020, section 124D.74, subdivision 1, is amended to read:
111.3 		Subdivision 1.Program described. American Indian education programs are programs 
111.4 	in public elementary and secondary schools, nonsectarian nonpublic, community, Tribal, 
111.5 	charter, or alternative schools enrolling American Indian children designed to:
111.6 	(1) support postsecondary preparation for American Indian pupils;
111.7 	(2) support the academic achievement of American Indian students pupils;
111.8 	(3) make the curriculum relevant to the needs, interests, and cultural heritage of American 
111.9 	Indian pupils;
111.10 	(4) provide positive reinforcement of the self-image of American Indian pupils;
111.11 	(5) develop intercultural awareness among pupils, parents, and staff; and
111.12 	(6) supplement, not supplant, state and federal educational and cocurricular programs.
111.13 	Program services designed to increase completion and graduation rates of American Indian 
111.14 	students must emphasize academic achievement, retention, and attendance; development 
111.15 	of support services for staff, including in-service training and technical assistance in methods 
111.16 	of teaching American Indian pupils; research projects, including innovative teaching 
111.17 	approaches and evaluation of methods of relating to American Indian pupils; provision of 
111.18 	career counseling to American Indian pupils; modification of curriculum, instructional 
111.19 	methods, and administrative procedures to meet the needs of American Indian pupils; and 
111.20 	supplemental instruction in American Indian language, literature, history, and culture. 
111.21 	Districts offering programs may make contracts for the provision of program services by 
111.22 	establishing cooperative liaisons with Tribal programs and American Indian social service 
111.23 	agencies. These programs may also be provided as components of early childhood and 
111.24 	family education programs.

111.25 	Sec. 12. Minnesota Statutes 2020, section 124D.74, subdivision 3, is amended to read:
111.26 		Subd. 3.Enrollment of other children; shared time enrollment. To the extent it is 
111.27 	economically feasible, a district or participating school may make provision for the voluntary 
111.28 	enrollment of non-American Indian children in the instructional components of an American 
111.29 	Indian education program in order that they may acquire an understanding of the cultural 
111.30 	heritage of the American Indian children for whom that particular program is designed. 
111.31 	However, in determining eligibility to participate in a program, priority must be given to 
112.1 	American Indian children. American Indian children and other children enrolled in an 
112.2 	existing nonpublic school system may be enrolled on a shared time basis in American Indian 
112.3 	education programs.

112.4 	Sec. 13. Minnesota Statutes 2020, section 124D.74, subdivision 4, is amended to read:
112.5 		Subd. 4.Location of programs. American Indian education programs must be located 
112.6 	in facilities educational settings in which regular classes in a variety of subjects are offered 
112.7 	on a daily basis, including district schools, charter schools, and Tribal contract schools that 
112.8 	offer virtual learning environments. Programs may operate on an extended day or extended 
112.9 	year basis.

112.10 	Sec. 14. Minnesota Statutes 2020, section 124D.81, subdivision 2a, is amended to read:
112.11 		Subd. 2a.American Indian education aid. (a) The American Indian education aid for 
112.12 	an eligible district, charter school, or Tribal contract school equals the greater of (1) the 
112.13 	sum of $20,000 plus the product of $358 times the difference between the number of 
112.14 	American Indian students enrolled on October 1 of the previous school year and 20; or (2) 
112.15 	if the district or school received a grant under this section for fiscal year 2015, the amount 
112.16 	of the grant for fiscal year 2015.
112.17 	(b) Notwithstanding paragraph (a), the American Indian education aid must not exceed 
112.18 	the district, charter school, or Tribal contract school's actual expenditure according to the 
112.19 	approved plan under subdivision 2.

112.20 	Sec. 15. Minnesota Statutes 2020, section 124D.81, subdivision 5, is amended to read:
112.21 		Subd. 5.Records. Participating schools and districts must keep records and afford access 
112.22 	to them as the commissioner finds necessary to ensure that American Indian education 
112.23 	programs are implemented in conformity with sections 124D.71 to 124D.82. Each school 
112.24 	district or participating school must keep accurate, detailed, and separate revenue and 
112.25 	expenditure accounts for pilot American Indian education programs funded under this 
112.26 	section.

112.27 	Sec. 16. Minnesota Statutes 2020, section 124D.81, is amended by adding a subdivision 
112.28 	to read:
112.29 		Subd. 8.State-identified American Indian. For the purposes of sections 124D.71 to 
112.30 	124D.82, students who identify as American Indian or Alaska Native, as defined by the 
112.31 	state of Minnesota on October 1 of the previous school year, will be used to determine the 
113.1 	state-identified American Indian student counts for districts, charter schools, and Tribal 
113.2 	contract schools for the subsequent school year.

113.3 	Sec. 17. Minnesota Statutes 2020, section 124D.8957, subdivision 19, is amended to read:
113.4 		Subd. 19.Free or reduced-price lunch meal eligibility. The parental right to opt a 
113.5 	child out of disclosing a child's eligibility for free or reduced-price lunch meals to the 
113.6 	Department of Education and the Department of Human Services is governed by section 
113.7 	124D.1115.

113.8 	Sec. 18. Minnesota Statutes 2020, section 125A.76, subdivision 2a, is amended to read:
113.9 		Subd. 2a.Special education initial aid. For fiscal year 2021 and later, a district's special 
113.10 	education initial aid equals the sum of:
113.11 	(1) the least of 62 percent of the district's old formula special education expenditures 
113.12 	for the prior fiscal year, excluding pupil transportation expenditures, 50 percent of the 
113.13 	district's nonfederal special education expenditures for the prior year, excluding pupil 
113.14 	transportation expenditures, or 56 percent of the product of the sum of the following amounts, 
113.15 	computed using prior fiscal year data, and the program growth factor:
113.16 	(i) the product of the district's average daily membership served and the sum of:
113.17 	(A) $460; plus
113.18 	(B) $405 times the ratio of the sum of the number of pupils enrolled on October 1 who 
113.19 	are eligible to receive free lunch meals plus one-half of the pupils enrolled on October 1 
113.20 	who are eligible to receive reduced-price lunch meals to the total October 1 enrollment; 
113.21 	plus
113.22 	(C) .008 times the district's average daily membership served; plus
113.23 	(ii) $13,300 times the December 1 child count for the primary disability areas of autism 
113.24 	spectrum disorders, developmental delay, and severely multiply impaired; plus
113.25 	(iii) $19,200 times the December 1 child count for the primary disability areas of deaf 
113.26 	and hard-of-hearing and emotional or behavioral disorders; plus
113.27 	(iv) $25,200 times the December 1 child count for the primary disability areas of 
113.28 	developmentally cognitive mild-moderate, developmentally cognitive severe-profound, 
113.29 	physically impaired, visually impaired, and deafblind; plus
113.30 	(2) the cost of providing transportation services for children with disabilities under 
113.31 	section 123B.92, subdivision 1, paragraph (b), clause (4).

114.1 	Sec. 19. Minnesota Statutes 2021 Supplement, section 126C.05, subdivision 3, is amended 
114.2 	to read:
114.3 		Subd. 3.Compensation revenue pupil units. Compensation revenue pupil units must 
114.4 	be computed according to this subdivision.
114.5 	(a) The compensation revenue concentration percentage for each building in a district 
114.6 	equals the product of 100 times the ratio of:
114.7 	(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch
114.8 	meals plus one-half of the pupils eligible to receive reduced priced lunch reduced-price 
114.9 	meals on October 1 of the previous fiscal year; to
114.10 	(2) the number of pupils enrolled in the building on October 1 of the previous fiscal 
114.11 	year.
114.12 	(b) The compensation revenue pupil weighting factor for a building equals the lesser of 
114.13 	one or the quotient obtained by dividing the building's compensation revenue concentration 
114.14 	percentage by 80.0.
114.15 	(c) The compensation revenue pupil units for a building equals the product of:
114.16 	(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch
114.17 	meals and one-half of the pupils eligible to receive reduced priced lunch reduced-price 
114.18 	meals on October 1 of the previous fiscal year; times
114.19 	(2) the compensation revenue pupil weighting factor for the building; times
114.20 	(3) .60.
114.21 	(d) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten programs under 
114.22 	section 124D.151, charter schools, and contracted alternative programs in the first year of 
114.23 	operation, compensation revenue pupil units shall be computed using data for the current 
114.24 	fiscal year. If the voluntary prekindergarten program, charter school, or contracted alternative 
114.25 	program begins operation after October 1, compensatory revenue pupil units shall be 
114.26 	computed based on pupils enrolled on an alternate date determined by the commissioner, 
114.27 	and the compensation revenue pupil units shall be prorated based on the ratio of the number 
114.28 	of days of student instruction to 170 days.
114.29 	(e) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten seats discontinued 
114.30 	in fiscal year 2024 due to the reduction in the participation limit under section 124D.151, 
114.31 	subdivision 6, those discontinued seats must not be used to calculate compensation revenue 
114.32 	pupil units for fiscal year 2024.
115.1 	(f) The percentages in this subdivision must be based on the count of individual pupils 
115.2 	and not on a building average or minimum.

115.3 	Sec. 20. Minnesota Statutes 2020, section 126C.05, subdivision 16, is amended to read:
115.4 		Subd. 16.Free and reduced-price lunches meals. The commissioner shall determine 
115.5 	the number of children eligible to receive either a free or reduced-price lunch meals on 
115.6 	October 1 each year. Children enrolled in a building on October 1 and determined to be 
115.7 	eligible to receive free or reduced-price lunch meals by December 15 of that school year 
115.8 	shall be counted as eligible on October 1 for purposes of subdivision 3. The commissioner 
115.9 	may use federal definitions for these purposes and may adjust these definitions as appropriate. 
115.10 	The commissioner may adopt reporting guidelines to assure accuracy of data counts and 
115.11 	eligibility. Districts shall use any guidelines adopted by the commissioner.

115.12 	Sec. 21. Minnesota Statutes 2020, section 136A.055, is amended to read:
115.13 	136A.055 DEVELOPMENTAL EDUCATION REPORTING.
115.14 	(a) The commissioner must report on the department's website the following summary 
115.15 	data on students who graduated from a Minnesota high school and are attending a public 
115.16 	postsecondary institution in Minnesota, limited to the most recent academic school year:
115.17 	(1) the number of students placed in supplemental or developmental education;
115.18 	(2) the number of students who complete supplemental or developmental education 
115.19 	within one academic year;
115.20 	(3) the number of students that complete gateway courses in one academic year; and
115.21 	(4) time to complete a degree or certificate at a postsecondary institution.
115.22 	(b) Summary data must be aggregated by school district, high school, and postsecondary 
115.23 	institution. Summary data must be disaggregated by race, ethnicity, free or reduced-price 
115.24 	lunch meal eligibility, and age.
115.25 	(c) The commissioner must post the initial data on the department's website on or before 
115.26 	February 15, 2018, and must update the data at least annually thereafter.

115.27 	Sec. 22. Minnesota Statutes 2020, section 136A.861, subdivision 2, is amended to read:
115.28 		Subd. 2.Eligible students. (a) Eligible students include students in grades six through 
115.29 	12 who meet one or more of the following criteria:
116.1 	(1) are counted under section 1124(c) of the Elementary and Secondary Education Act 
116.2 	of 1965 (Title I);
116.3 	(2) are eligible for free or reduced-price lunch meals under the National School Lunch 
116.4 	Act;
116.5 	(3) receive assistance under the Temporary Assistance for Needy Families Law (Title 
116.6 	I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996); or
116.7 	(4) are a member of a group traditionally underrepresented in higher education.
116.8 	(b) Eligible undergraduate students include those who met the student eligibility criteria 
116.9 	as 6th through 12th graders.

116.10 	Sec. 23. Minnesota Statutes 2020, section 256.962, subdivision 3, is amended to read:
116.11 		Subd. 3. Application and assistance. (a) The Minnesota health care programs application 
116.12 	must be made available at provider offices, local human services agencies, school districts, 
116.13 	public and private elementary schools in which 25 percent or more of the students receive 
116.14 	free or reduced price lunches reduced-price meals, community health offices, Women, 
116.15 	Infants and Children (WIC) program sites, Head Start program sites, public housing councils, 
116.16 	child care centers, early childhood education and preschool program sites, legal aid offices, 
116.17 	and libraries. The commissioner shall ensure that applications are available in languages 
116.18 	other than English.
116.19 	(b) Local human service agencies, hospitals, and health care community clinics receiving 
116.20 	state funds must provide direct assistance in completing the application form, including the 
116.21 	free use of a copy machine and a drop box for applications. These locations must ensure 
116.22 	that the drop box is checked at least weekly and any applications are submitted to the 
116.23 	commissioner. The commissioner shall provide these entities with an identification number 
116.24 	to stamp on each application to identify the entity that provided assistance. Other locations 
116.25 	where applications are required to be available shall either provide direct assistance in 
116.26 	completing the application form or provide information on where an applicant can receive 
116.27 	application assistance.
116.28 	(c) Counties must offer applications and application assistance when providing child 
116.29 	support collection services.
116.30 	(d) Local public health agencies and counties that provide immunization clinics must 
116.31 	offer applications and application assistance during these clinics.
117.1 	(e) The commissioner shall coordinate with the commissioner of health to ensure that 
117.2 	maternal and child health outreach efforts include information on Minnesota health care 
117.3 	programs and application assistance, when needed.

117.4 	Sec. 24. Minnesota Statutes 2020, section 256L.05, subdivision 1, is amended to read:
117.5 		Subdivision 1.Application assistance and information availability. (a) Applicants 
117.6 	may submit applications online, in person, by mail, or by phone in accordance with the 
117.7 	Affordable Care Act, and by any other means by which medical assistance applications may 
117.8 	be submitted. Applicants may submit applications through MNsure or through the 
117.9 	MinnesotaCare program. Applications and application assistance must be made available 
117.10 	at provider offices, local human services agencies, school districts, public and private 
117.11 	elementary schools in which 25 percent or more of the students receive free or reduced price 
117.12 	lunches reduced-price meals, community health offices, Women, Infants and Children 
117.13 	(WIC) program sites, Head Start program sites, public housing councils, crisis nurseries, 
117.14 	child care centers, early childhood education and preschool program sites, legal aid offices, 
117.15 	and libraries, and at any other locations at which medical assistance applications must be 
117.16 	made available. These sites may accept applications and forward the forms to the 
117.17 	commissioner or local county human services agencies that choose to participate as an 
117.18 	enrollment site. Otherwise, applicants may apply directly to the commissioner or to 
117.19 	participating local county human services agencies.
117.20 	(b) Application assistance must be available for applicants choosing to file an online 
117.21 	application through MNsure.

117.22 	Sec. 25. EXPIRATION OF REPORT MANDATES.
 117.23 	(a) If the submission of a report by the commissioner of education to the legislature is 
117.24 	mandated by statute and the enabling legislation does not include a date for the submission 
117.25 	of a final report, the mandate to submit the report shall expire in accordance with this section.
117.26 	(b) If the mandate requires the submission of an annual report and the mandate was 
117.27 	enacted before January 1, 2022, the mandate shall expire on January 1, 2024. If the mandate 
117.28 	requires the submission of a biennial or less frequent report and the mandate was enacted 
117.29 	before January 1, 2022, the mandate shall expire on January 1, 2025.
117.30 	(c) Any reporting mandate enacted on or after January 1, 2022, shall expire three years 
117.31 	after the date of enactment if the mandate requires the submission of an annual report and 
117.32 	shall expire five years after the date of enactment if the mandate requires the submission 
118.1 	of a biennial or less frequent report unless the enacting legislation provides for a different 
118.2 	expiration date.
118.3 	(d) The commissioner shall submit a list to the chairs and ranking minority members of 
118.4 	the legislative committee with jurisdiction over education by February 15 of each year, 
118.5 	beginning February 15, 2022, of all reports set to expire during the following calendar year 
118.6 	in accordance with this section.

118.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

118.8 	Sec. 26. REVISOR INSTRUCTION.
 118.9 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in column 
118.10 	A with the number listed in column B. The revisor shall also make necessary cross-reference 
118.11 	changes consistent with the renumbering. The revisor shall also make any technical language 
118.12 	and other changes necessitated by the renumbering and cross-reference changes in this act.

118.13		Column A
	Column B
	
118.14	General Requirements Statewide Assessments
	
118.15		120B.30, subdivision 1a, paragraph (h)
	120B.30, subdivision 1
	
118.16		120B.30, subdivision 1, paragraph (q)
	120B.30, subdivision 2
	
118.17		120B.30, subdivision 1a, paragraph (g)
	120B.30, subdivision 3
	
118.18		120B.30, subdivision 1b
	120B.30, subdivision 4
	
118.19		120B.30, subdivision 1, paragraph (n)
	120B.30, subdivision 5, paragraph (a)
	
118.20		120B.30, subdivision 1, paragraph (a)
	120B.30, subdivision 5, paragraph (b)
	
118.21		120B.30, subdivision 1a, paragraph (e)
	120B.30, subdivision 6, paragraph (a)
	
118.22		120B.30, subdivision 2, paragraph (a)
	120B.30, subdivision 6, paragraph (b)
	
118.23
118.24		120B.30, subdivision 2, paragraph (b), 
clauses (1) and (2)
	120B.30, subdivision 6, paragraph (c)
	
118.25		120B.30, subdivision 2
	120B.30, subdivision 6, paragraph (d)
	
118.26		120B.30, subdivision 4
	120B.30, subdivision 7
	
118.27		120B.30, subdivision 5
	120B.30, subdivision 8
	
118.28		120B.30, subdivision 6
	120B.30, subdivision 9
	
118.29		120B.30, subdivision 1, paragraph (e)
	120B.30, subdivision 10
	
118.30	General Requirements Test Design
	
118.31
118.32		120B.30, subdivision 1a, paragraph (a), 
clauses (1) to (5)
	120B.301, subdivision 1
	
118.33		120B.30, subdivision 1, paragraph (a)
	120B.301, subdivision 2
	
118.34		120B.30, subdivision 1, paragraph (b)
	120B.301, subdivision 3, paragraph (a)
	
118.35		120B.30, subdivision 1, paragraph (n)
	120B.301, subdivision 3, paragraph (b)
	
118.36		120B.30, subdivision 1a, paragraph (b)
	120B.301, subdivision 3, paragraph (c)
	
119.1
119.2		120B.30, subdivision 1a, paragraph (c), 
clauses (1) and (2)
	120B.301, subdivision 3, paragraph (d)
	
119.3	Assessment Graduation Requirements
	
119.4
119.5		120B.30, subdivision 1, paragraph (c), 
clauses (1) and (2)
	120B.304, subdivision 1
	
119.6		120B.30, subdivision 1, paragraph (d)
	120B.304, subdivision 2
	
119.7		120B.30, subdivision 1, paragraph (i)
	120B.304, subdivision 3
	
119.8	Assessment Reporting Requirements
	
119.9119.10
		120B.30, subdivision 1a, paragraph (f), 
clauses (1) to (3)
	120B.305, subdivision 1
	
119.11
119.12		120B.30, subdivision 1a, paragraph (d), 
clauses (1) to (4)
	120B.305, subdivision 2, paragraph (a)
	
119.13		120B.30, subdivision 1, paragraph (m)
	120B.305, subdivision 2, paragraph (b)
	
119.14		120B.30, subdivision 1, paragraph (n)
	120B.305, subdivision 2, paragraph (c)
	
119.15
119.16		120B.30, subdivision 1, paragraph (o), 
clauses (1) to (4)
	120B.305, subdivision 3, paragraph (a)
	
119.17		120B.30, subdivision 3
	120B.305, subdivision 3, paragraph (b)
	
119.18	District Assessment Requirements
	
119.19		120B.301, paragraphs (a) to (c)
	120B.306, subdivision 1
	
119.20		120B.304, paragraphs (a) and (b)
	120B.306, subdivision 2
	
119.21	College and Career Readiness
	
119.22		120B.30, subdivision 1, paragraph (p)
	120B.307, subdivision 1
	
119.23		120B.30, subdivision 1, paragraph (d)
	120B.307, subdivision 2
	
119.24		120B.30, subdivision 1, paragraph (f)
	120B.307, subdivision 3
	
119.25		120B.30, subdivision 1, paragraph (g)
	120B.307, subdivision 4, paragraph (a)
	
119.26		120B.30, subdivision 1, paragraph (h)
	120B.307, subdivision 4, paragraph (b)
	
119.27		120B.30, subdivision 1, paragraph (j)
	120B.307, subdivision 4, paragraph (c)
	
119.28		120B.30, subdivision 1, paragraph (k)
	120B.307, subdivision 4, paragraph (d)
	
119.29		120B.30, subdivision 1, paragraph (l)
	120B.307, subdivision 4, paragraph (e)

APPENDIX 

Repealed Minnesota Statutes: 22-04685 

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.