1st Unofficial Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/15/2024 03:40pm
A bill for an act
relating to education; modifying provisions for prekindergarten through grade 12
education including general education, education excellence, teachers, special
education, charter schools, nutrition and libraries, health and safety, and state
agencies; requiring reports; amending Minnesota Statutes 2022, sections 120A.35;
120B.022, subdivisions 1a, 1b; 120B.13, subdivision 4; 120B.21; 121A.22,
subdivisions 2, 4; 121A.2207, subdivision 1; 122A.091, subdivision 5; 122A.092,
by adding a subdivision; 122A.181, by adding a subdivision; 122A.182, by adding
a subdivision; 122A.185, subdivision 3; 122A.20, by adding a subdivision;
122A.33, subdivision 2; 124D.09, subdivisions 2, 7, 9, 10, 10b, 11; 124D.12;
124D.60, subdivision 1; 124D.61; 124E.01, subdivision 1; 124E.05, subdivisions
2, 3, 5; 124E.07; 124E.10, subdivisions 2, 4, 5; 124E.12, subdivision 2; 124E.14;
124E.17; 124E.26; 127A.70, subdivision 1; 260E.14, subdivision 1; Minnesota
Statutes 2023 Supplement, sections 13.32, subdivision 5; 120B.021, subdivision
1; 120B.024, subdivision 1; 120B.11, subdivisions 1, 1a, 2; 120B.117, subdivision
4; 120B.30, subdivisions 7, 12, by adding a subdivision; 120B.302; 120B.305;
120B.31, subdivision 4; 120B.36, subdivision 1; 121A.20, subdivision 2; 122A.18,
subdivision 1; 122A.181, subdivision 2; 122A.183, subdivision 2; 122A.184,
subdivision 1; 122A.185, subdivision 1; 122A.40, subdivision 8; 122A.41,
subdivision 5; 122A.631, subdivisions 2, 4; 122A.70, subdivision 2; 124D.09,
subdivisions 5, 12; 124D.094, subdivisions 2, 3; 124D.111, subdivision 2a;
124E.02; 124E.03, subdivision 2; 124E.06, subdivisions 1, 4, 5; 124E.11; 124E.12,
subdivision 1; 124E.16, subdivision 1; 125A.08; 126C.40, subdivision 6; proposing
coding for new law in Minnesota Statutes, chapters 121A; 122A; 127A; 134;
repealing Minnesota Statutes 2022, sections 120B.31, subdivisions 2, 6; 122A.2451,
subdivision 9; Minnesota Statutes 2023 Supplement, section 122A.185, subdivision
4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2023 Supplement, section 13.32, subdivision 5, is amended
to read:
(a) Educational data designated as directory information
is public data on individuals to the extent required under federal law. Directory information
must be designated pursuant to the provisions of:
(1) this subdivision; and
(2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title
34, section 99.37, which were in effect on January 3, 2012.
(b) When conducting the directory information designation and notice process required
by federal law, an educational agency or institution shall give parents and students notice
of the right to refuse to let the agency or institution designate specified data about the student
as directory information. This notice may be given by any means reasonably likely to inform
the parents and students of the right.
(c) An educational agency or institution may not designate a student's home address,
telephone number, email address, or other personal contact information as directory
information under this subdivision. This paragraph does not apply to a postsecondary
institution.
(d) When requested, educational agencies or institutions must share personal student
contact information and directory information, whether public or private, with the Minnesota
Department of Education, as required for federal reporting purposes.
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(e) When requested, educational agencies or institutions may share personal student
contact information and directory information for students served in special education with
postsecondary transition planning and services under section 125A.08, paragraph (b), clause
(1), whether public or private, with the Department of Employment and Economic
Development, as required for coordination of services to students with disabilities under
sections 125A.08, paragraph (b), clause (1); 125A.023; and 125A.027.
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This section is effective the day following final enactment.
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Minnesota Statutes 2022, section 120A.35, is amended to read:
Reasonable efforts must be made by a school district to accommodate any pupil who
wishes to be excused from a curricular activity for a religious observancenew text begin or American
Indian cultural practice, observance, or ceremonynew text end . A school board must provide annual
notice to parents of the school district's policy relating to a pupil's absence from school deleted text begin for
religious observancedeleted text end new text begin under this sectionnew text end .
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This section is effective the day following final enactment.
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A school district or charter school must adopt a policy on students' possession and use
of cell phones in school by March 15, 2025. The Minnesota Elementary School Principals
Association and the Minnesota Association of Secondary School Principals must collaborate
to make best practices available to schools on a range of different strategies in order to
minimize the impact of cell phones on student behavior, mental health, and academic
attainment.
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This section is effective the day following final enactment.
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Minnesota Statutes 2023 Supplement, section 124D.094, subdivision 2, is amended
to read:
(a) An enrolling district may provide digital instruction,
including blended instruction and online instruction, to the district's own enrolled students.
Enrolling districts may establish agreements to provide digital instruction, including blended
instruction and online instruction, to students enrolled in the cooperating schools.
(b) When online instruction is provided, an online teacher as defined under subdivision
1, paragraph (h), shall perform all duties of teacher of record under Minnesota Rules, part
8710.0310. Unless the commissioner grants a waiver, a teacher providing online instruction
shall not instruct more than 40 students in any one online learning course or section.
(c) Students receiving online instruction full time shall be reported as enrolled in an
online instructional site under subdivision 1, paragraph (g).
(d) Curriculum used for digital instruction shall be aligned with Minnesota's current
academic standards and benchmarks.
(e) Digital instruction shall be accessible to students under deleted text begin sectiondeleted text end new text begin sectionsnew text end 504new text begin and 508new text end
of the federal Rehabilitation Act and Title II of the federal Americans with Disabilities Act.
(f) An enrolling district providing digital instruction and a supplemental online course
provider shall assist an enrolled student whose family qualifies for the education tax credit
under section 290.0674 to acquire computer hardware and educational software so they
may participate in digital instruction. Funds provided to a family to support digital instruction
or supplemental online courses may only be used for qualifying expenses as determined by
the provider. Nonconsumable materials purchased with public education funds remain the
property of the provider. Records for any funds provided must be available for review by
the public or the department.
(g) An enrolling district providing digital instruction shall establish and document
procedures for determining attendance for membership and keep accurate records of daily
attendance under section 120A.21.
Minnesota Statutes 2023 Supplement, section 124D.094, subdivision 3, is amended
to read:
(a) Notwithstanding sections 124D.03 and
124D.08 and chapter 124E, procedures for applying to take supplemental online courses
other than those offered by the student's enrolling district are as provided in this subdivision.
(b) Any kindergarten through grade 12 student may apply to take a supplemental online
course under subdivision 1, paragraph (j). The student, or the student's parent or guardian
for a student under age 17, must submit an application for the proposed supplemental online
course or courses. A student may:
(1) apply to take an online course from a supplemental online course provider that meets
or exceeds the academic standards of the course in the enrolling district they are replacing;
(2) apply to take supplemental online courses for up to 50 percent of the student's
scheduled course load; deleted text begin and
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(3) apply to take supplemental online courses no later than 15 school days after the
student's enrolling district's term has begun. An enrolling district may waive the 50 percent
course enrollment limit or the 15-day time limitdeleted text begin .deleted text end new text begin ; and
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(4) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for paying any tuition or course fees.
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(c) A student taking a supplemental online course must have the same access to the
computer hardware and education software available in a school as all other students in the
enrolling district.
(d) A supplemental online course provider must have a current, approved application to
be listed by the Department of Education as an approved provider. The supplemental online
course provider must:
(1) use an application form specified by the Department of Education;
(2) notify the student, the student's guardian if they are age 17 or younger, and enrolling
district of the accepted application to take a supplemental online course within ten days of
receiving a completed application;
(3) notify the enrolling district of the course title, credits to be awarded, and the start
date of the online course. A supplemental online course provider must make the online
course syllabus available to the enrolling district;
(4) request applicable academic support information for the student, including a copy
of the IEP, EL support plan, or 504 plan; and
(5) track student attendance and monitor academic progress and communicate with the
student, the student's guardian if they are age 17 or younger, and the enrolling district's
designated online learning liaison.
(e) A supplemental online course provider may limit enrollment if the provider's school
board or board of directors adopts by resolution specific standards for accepting and rejecting
students' applications. The provisions may not discriminate against any protected class or
students with disabilities.
(f) A supplemental online course provider may request that the Department of Education
review an enrolling district's written decision to not accept a student's supplemental online
course application. The student may participate in the supplemental online course while the
application is under review. Decisions shall be final and binding for both the enrolling
district and the supplemental online course provider.
(g) A supplemental online course provider must participate in continuous improvement
cycles with the Department of Education.
Minnesota Statutes 2022, section 124D.12, is amended to read:
Sections 124D.12 to 124D.127 authorize districts to evaluate, plan and employ the use
of flexible learning year programs. It is anticipated that the open selection of the type of
flexible learning year operation from a variety of alternatives will allow each district seeking
to utilize this concept to suitably fulfill the educational needs of its pupils. These alternatives
must include, but not be limited to, various 45-15 plans, four-quarter plans, quinmester
plans, extended learning year plans, and flexible all-year plans. deleted text begin A school district with an
approved four-day week plan in the 2014-2015 school year may continue under a four-day
week plan through the end of the 2019-2020 school year. Future approvals are contingent
upon meeting the school district's performance goals established in the district's plan under
section 120B.11deleted text end new text begin The commissioner must establish clear criteria for evaluating a district's
application to use a four-day school week plan, at least annually accept district applications
to use a four-day school week plan, and determine whether each application meets the
criterianew text end . The commissioner must give a school district one school year's notice before
revoking approval of its flexible learning year program.new text begin Approval of a four-day school week
plan may not be revoked for six years from the date it is granted.
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This section is effective the day following final enactment.
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Minnesota Statutes 2023 Supplement, section 126C.40, subdivision 6, is amended
to read:
(a) Upon application to, and approval by,
the commissioner in accordance with the procedures and limits in subdivision 1, paragraphs
(a) and (b), a district, as defined in this subdivision, may:
(1) purchase real or personal property under an installment contract or may lease real
or personal property with an option to purchase under a lease purchase agreement, by which
installment contract or lease purchase agreement title is kept by the seller or vendor or
assigned to a third party as security for the purchase price, including interest, if any; and
(2) annually levy the amounts necessary to pay the district's obligations under the
installment contract or lease purchase agreement.
(b) The obligation created by the installment contract or the lease purchase agreement
must not be included in the calculation of net debt for purposes of section 475.53, and does
not constitute debt under other law. An election is not required in connection with the
execution of the installment contract or the lease purchase agreement.
(c) The proceeds of the levy authorized by this subdivision must not be used to acquire
a facility to be primarily used for athletic or school administration purposes.
(d) For the purposes of this subdivision, "district" means:
(1) Special School District No. 1, Minneapolis, Independent School District No. 625,
St. Paul, Independent School District No. 709, Duluth, or Independent School District No.
535, Rochester, if the district's deleted text begin desegregationdeleted text end new text begin achievement and integrationnew text end plan has been
determined by the commissioner to be in compliance with Department of Education rules
relating to equality of educational opportunity and where the acquisitionnew text begin , as defined in
section 475.51, subdivision 7,new text end of property under this subdivision is determined by the
commissioner to contribute to the implementation of the deleted text begin desegregationdeleted text end new text begin approved achievement
and integrationnew text end plan; or
(2) other districts eligible for revenue under section 124D.862 if the facility acquired
under this subdivision is to be primarily used for a joint program deleted text begin for interdistrict
deleted text end deleted text begin desegregation anddeleted text end the commissioner determines deleted text begin that the joint programs aredeleted text end new text begin isnew text end being
undertaken to implement the districts' deleted text begin desegregationdeleted text end new text begin approved achievement and integrationnew text end
plan.
(e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease
or rent a district-owned building to itself does not apply to levies otherwise authorized by
this subdivision.
(f) For the purposes of this subdivision, any references in subdivision 1 to building or
land shall include personal property.
(g) Projects funded under this subdivision are subject to review and comment under
section 123B.71, subdivision 8, in the deleted text begin same manner as other school construction projectsdeleted text end new text begin
form and manner prescribed by the commissionernew text end .
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Notwithstanding any law to the contrary, the following school districts may publish their
official proceedings on their websites instead of publishing them in a newspaper: Independent
School District No. 720, Shakopee; Independent School District No. 717, Jordan; Independent
School District No. 719, Prior Lake-Savage; Independent School District No. 112, Eastern
Carver County; Independent School District No. 465, Litchfield; and Independent School
District No. 423, Hutchinson. This section expires August 1, 2026.
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This section is effective the day following final enactment.
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The revisor of statutes shall remove the term "state-approved" wherever it appears in
Minnesota Statutes, sections 125A.15, 125A.51, and 125A.515, for education in care and
treatment facilities.
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Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 1, is
amended to read:
(a) The following subject areas are
required for statewide accountability:
(1) language arts;
(2) mathematics, encompassing algebra II, integrated mathematics III, or an equivalent
in high school, and to be prepared for the three credits of mathematics in grades 9 through
12, the grade 8 standards include completion of algebra;
(3) science, including earth and space science, life science, and the physical sciences,
including chemistry and physics;
(4) social studies, including history, geography, economics, and government and
citizenship that includes civics;
(5) physical education;
(6) health, for which locally developed academic standards apply; and
(7) the arts. Public elementary and middle schools must offer at least three and require
at least two of the following five arts areas: dance; media arts; music; theater; and visual
arts. Public high schools must offer at least three and require at least one of the following
five arts areas: media arts; dance; music; theater; and visual arts.
(b) For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
program team has determined that the required academic standards are inappropriate. An
individualized education program team that makes this determination must establish
alternative standards.
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(c) The department may modify SHAPE America (Society of Health and Physical
Educators) standards and adapt the national standards to accommodate state interest. The
modification and adaptations must maintain the purpose and integrity of the national
standards. The department must make available sample assessments, which school districts
may use as an alternative to local assessments, to assess students' mastery of the physical
education standards beginning in the 2018-2019 school year.
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deleted text begin (d)deleted text end new text begin (c)new text end A school district may include child sexual abuse prevention instruction in a health
curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention
instruction may include age-appropriate instruction on recognizing sexual abuse and assault,
boundary violations, and ways offenders groom or desensitize victims, as well as strategies
to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may
provide instruction under this paragraph in a variety of ways, including at an annual assembly
or classroom presentation. A school district may also provide parents information on the
warning signs of child sexual abuse and available resources.
deleted text begin (e)deleted text end new text begin (d)new text end District efforts to develop, implement, or improve instruction or curriculum as a
result of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.
Minnesota Statutes 2022, section 120B.022, subdivision 1a, is amended to read:
(a) World
languages teachers and other school staff should develop and implement world languages
programs that acknowledge and reinforce the language proficiency and cultural awareness
that non-English language speakers already possess, and encourage students' proficiency
in multiple world languages. Programs under this section must encompass Indigenous
American Indian languages and cultures, among other world languages and cultures. The
department shall consult with postsecondary institutions in developing related professional
development opportunities for purposes of this section.
(b) Any Minnesota public, charter, or nonpublic school may award Minnesota World
Language Proficiency Certificates consistent with this subdivision.
(c) The Minnesota World Language Proficiency Certificate recognizes students who
demonstrate deleted text begin listening, speaking, reading, and writing language skills atdeleted text end new text begin an overall
intermediate-low or intermediate-mid level of proficiency onnew text end the deleted text begin American Council on the
Teaching of Foreign Languages' Intermediate-Low leveldeleted text end new text begin ACTFL's scale of levels of
proficiency. A student's level of proficiency is derived from assessment in the domains of
listening, reading, speaking, and writing new text end on a valid and reliable assessment tool.
Minnesota Statutes 2022, section 120B.022, subdivision 1b, is amended to read:
(a) Consistent with efforts to strive
for the world's best workforce under sections 120B.11 and 124E.03, subdivision 2, paragraph
(i), and close the academic achievement and opportunity gap under sections 124D.861 and
124D.862, voluntary state bilingual and multilingual seals are established to recognize
new text begin graduating new text end high school students in any school district, charter school, or nonpublic school
who demonstrate new text begin particular levels of proficiency in one or more languages other than English.
The levels of proficiency established under this subdivision are based on the ACTFL's
proficiency guidelines. A student is eligible for a seal in a language other than English if
the student demonstrates new text end an new text begin overall new text end Advanced-Low deleted text begin leveldeleted text end or deleted text begin andeleted text end intermediate high level of
deleted text begin functionaldeleted text end proficiency deleted text begin in listening, speaking, reading, and writing on either assessmentsdeleted text end new text begin
derived from assessment in the domains of listening, reading, speaking, and writing on an
assessmentnew text end aligned with deleted text begin American Council on the Teaching of Foreign Languages' (ACTFL)deleted text end new text begin
ACTFLnew text end proficiency guidelines or onnew text begin annew text end equivalent valid and reliable deleted text begin assessments in one or
more languages in addition to Englishdeleted text end new text begin assessmentnew text end . new text begin Indigenous American Indian languages
and new text end American Sign Language deleted text begin is a languagedeleted text end new text begin are languagesnew text end other than English for purposes
of this subdivision and deleted text begin adeleted text end world deleted text begin languagedeleted text end new text begin languagesnew text end for purposes of subdivision 1a.
(b) In addition to paragraph (a), to be eligible to receive a sealdeleted text begin :
deleted text end
deleted text begin (1)deleted text end students must satisfactorily complete all required English language arts creditsdeleted text begin ; anddeleted text end new text begin .
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(2) students must demonstrate mastery of Minnesota's English language proficiency
standards.
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(c) Consistent with this subdivision, a high school student who demonstrates an new text begin overall
new text end intermediate high ACTFL level of deleted text begin functionaldeleted text end proficiency new text begin derived from assessment in the
domains of listening, reading, speaking, and writing new text end in one language in addition to English
is eligible to receive the state bilingual gold seal. A high school student who demonstrates
an new text begin overall new text end intermediate high ACTFL level of deleted text begin functional nativedeleted text end proficiency new text begin derived from
assessment in the domains of listening, reading, speaking, and writing new text end in more than one
language in addition to English is eligible to receive the state multilingual gold seal. A high
school student who demonstrates an new text begin overall new text end advanced-low new text begin and above new text end ACTFL level of
deleted text begin functionaldeleted text end proficiency new text begin derived from assessment in the domains of listening, reading, speaking,
and writing new text end in one language in addition to English is eligible to receive the state bilingual
platinum seal. A high school student who demonstrates an new text begin overall new text end advanced-low new text begin and above
new text end ACTFL level of deleted text begin functionaldeleted text end proficiency new text begin derived from assessment in the domains of listening,
reading, speaking, and writing new text end in more than one language in addition to English is eligible
to receive the state multilingual platinum seal.
(d) School districts and charter schools may give students periodic opportunities to
demonstrate their level of proficiency in listening, speaking, reading, and writing in a
language in addition to English. Where valid and reliable assessments are unavailable, a
school district or charter school may rely on evaluators trained in assessing under ACTFL
proficiency guidelines to assess a student's level of deleted text begin foreign, heritage, or Indigenousdeleted text end new text begin
non-Englishnew text end language proficiency under this section. School districts and charter schools
must maintain appropriate records to identify high school students eligible to receive the
state bilingual or multilingual gold and platinum sealsnew text begin upon graduationnew text end . The school district
or charter school must deleted text begin affixdeleted text end new text begin notatenew text end the appropriate seal to the transcript of each high school
student who meets the requirements of this subdivision and may affix the seal to the student's
diploma. A school district or charter school must not charge the high school student a fee
for this seal.
(e) A school district or charter school may award elective course credits in world
languages to a student who demonstrates the requisite proficiency in a language other than
English under this section.
(f) A school district or charter school may award community service credit to a student
who demonstrates an new text begin overall new text end intermediate high or new text begin an overall new text end advanced-low new text begin and above
new text end ACTFL level of deleted text begin functionaldeleted text end proficiency deleted text begin in listening, speaking, reading, and writingdeleted text end new text begin derived
from assessment in the domains of listening, reading, speaking, and writingnew text end in a language
other than English and who participates in community service activities that are integrated
into the curriculum, involve the participation of teachers, and support biliteracy in the school
or local community.
(g) The commissioner must list on the web page deleted text begin thosedeleted text end new text begin thenew text end assessments that are aligned
to ACTFL proficiency guidelinesnew text begin , and establish guidelines on interpreting the scores or
ratings from approved assessmentsnew text end .
(h) By August 1, 2015, the colleges and universities of the Minnesota State Colleges
and Universities system must establish criteria to translate the seals into college credits
based on the world language course equivalencies identified by the Minnesota State Colleges
and Universities faculty and staff and, upon request from an enrolled student, the Minnesota
State Colleges and Universities may award foreign language credits to a student who deleted text begin receivesdeleted text end new text begin
receivednew text end a Minnesota World Language Proficiency Certificate new text begin or Minnesota Bilingual or
Multilingual Seals new text end under subdivision 1a. A student who demonstrated the requisite level of
language proficiency in grade 10, 11, or 12 to receive a seal or certificate and is enrolled in
a Minnesota State Colleges and Universities institution must request college credits for the
student's seal or proficiency certificate within three academic years after graduating from
high school. The University of Minnesota is encouraged to award students foreign language
academic credits consistent with this paragraph.
Minnesota Statutes 2023 Supplement, section 120B.024, subdivision 1, is amended
to read:
(a) Students must successfully complete the
following high school level credits for graduation:
(1) four credits of language arts sufficient to satisfy all of the academic standards in
English language arts;
(2) three credits of mathematics sufficient to satisfy all of the academic standards in
mathematics;
(3) three credits of science, including one credit to satisfy all the earth and space science
standards for grades 9 through 12, one credit to satisfy all the life science standards for
grades 9 through 12, and one credit to satisfy all the chemistry or physics standards for
grades 9 through 12;
(4) three and one-half credits of social studies, including credit for a course in government
and citizenship in either grade 11 or 12 for students beginning grade 9 in the deleted text begin 2024-2025deleted text end new text begin
2025-2026new text end school year and later or an advanced placement, international baccalaureate, or
other rigorous course on government and citizenship under section 120B.021, subdivision
1a, and a combination of other credits encompassing at least United States history, geography,
government and citizenship, world history, and economics sufficient to satisfy all of the
academic standards in social studies;
(5) one credit of the arts sufficient to satisfy all of the academic standards in the arts;
new text begin new text end
(6) deleted text begin creditsdeleted text end new text begin creditnew text end sufficient to satisfy the state standards in physical education; and
(7) a minimum of seven elective credits.
(b) Students who begin grade 9 in the 2024-2025 school year and later must successfully
complete a course for credit in personal finance in grade 10, 11, or 12. A teacher of a personal
finance course that satisfies the graduation requirement must have a field license or
out-of-field permission in agricultural education, business, family and consumer science,
social studies, or math.
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This section is effective July 1, 2024.
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Minnesota Statutes 2023 Supplement, section 120B.11, subdivision 1, is amended
to read:
For the purposes of this section and section 120B.10, the
following terms have the meanings given them.
(a) "Instruction" means methods of providing learning experiences that enable a student
to meet state and district academic standards and graduation requirements including applied
and experiential learning.
(b) "Curriculum" means district or school adopted programs and written plans for
providing students with learning experiences that lead to expected knowledge and skills
and career and college readiness.
(c) "World's best workforce" means striving to: meet school readiness goals; close the
academic achievement gap among all racial and ethnic groups of students and between
students living in poverty and students not living in poverty; have all students attain career
and college readiness before graduating from high school; and have all students graduate
from high school.
(d) "Experiential learning" means learning for students that includes career exploration
through a specific class or course or through work-based experiences such as job shadowing,
mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative
work experience, youth apprenticeship, or employment.
(e) "Ethnic studies" as defined in section 120B.25 has the same meaning for purposes
of this section. Ethnic studies curriculum may be integrated in existing curricular
opportunities or provided through additional curricular offerings.
(f) "Antiracist" means actively working to identify and eliminate racism in all forms in
order to change policies, behaviors, and beliefs that perpetuate racist ideas and actions.
(g) "Culturally sustaining" means integrating content and practices that infuse the culture
and language of Black, Indigenous, and People of Color communities who have been and
continue to be harmed and erased through the education system.
(h) "Institutional racism" means structures, policies, and practices within and across
institutions that produce outcomes that disadvantage those who are Black, Indigenous, and
People of Color.
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(i) "On track for graduation" means that at the end of grade 9, a student has earned at
least five credits and has received no more than one failing grade in a semester in a course
in language arts, mathematics, science, or social studies. A student is off track for graduation
if the student fails to meet either of these criteria.
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This section is effective July 1, 2024.
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Minnesota Statutes 2023 Supplement, section 120B.11, subdivision 1a, is amended
to read:
new text begin (a) new text end Measures to determine school district and school
site progress in striving to create the world's best workforce must include at least:
(1) the size of the academic achievement gap, rigorous course taking under section
120B.35, subdivision 3, paragraph (c), clause (2), deleted text begin anddeleted text end enrichment experiences by student
subgroupnew text begin , and starting in the 2025-2026 school year, participation in honors or gifted and
talented programmingnew text end ;
(2) student performance on the Minnesota Comprehensive Assessments;
(3) high school graduation rates; deleted text begin and
deleted text end
(4) career and college readiness under section 120B.307deleted text begin .deleted text end new text begin ; and
new text end
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(5) starting in the 2025-2026 school year, the number and percentage of students, by
student subgroup, who are on track for graduation.
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(b) Starting in the 2025-2026 school year, a school district that offers advanced placement,
international baccalaureate, or dual enrollment programs must report on the following
performance measures:
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(1) participation in postsecondary enrollment options and concurrent enrollment programs;
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(2) the number of students who took an advanced placement exam, and the number of
students who passed the exam, disaggregated by student subgroup; and
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(3) the number of students who took the international baccalaureate exam, and the number
of students who passed the exam, disaggregated by student subgroup.
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(c) Performance measures under this subdivision must be reported for all student
subgroups identified in section 120B.35, subdivision 3, paragraph (b), clause (2).
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This section is effective July 1, 2024.
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Minnesota Statutes 2023 Supplement, section 120B.11, subdivision 2, is amended
to read:
(a) A school board, at a public meeting, must
adopt a comprehensive, long-term strategic plan to support and improve teaching and
learning that is aligned with creating the world's best workforce and includes:
(1) clearly defined district and school site goals and benchmarks for instruction and
student achievement for all student subgroups identified in section 120B.35, subdivision 3,
paragraph (b), clause (2);
(2) a process to assess and evaluate each student's progress toward meeting state and
local academic standards, assess and identify students to participate in gifted and talented
programs and accelerate their instruction, and adopt early-admission procedures consistent
with section 120B.15, and identifying the strengths and weaknesses of instruction in pursuit
of student and school success and curriculum affecting students' progress and growth toward
career and college readiness and leading to the world's best workforce;
(3) a system to periodically review and evaluate the effectiveness of all instruction and
curriculum, taking into account strategies and best practices, student outcomes, school
principal evaluations under section 123B.147, subdivision 3, students' access to effective
teachers who are members of populations underrepresented among the licensed teachers in
the district or school and who reflect the diversity of enrolled students under section 120B.35,
subdivision 3, paragraph (b), clause (2), and teacher evaluations under section 122A.40,
subdivision 8, or 122A.41, subdivision 5;
(4) strategies for improving instruction, curriculum, and student achievement, including
the English and, where practicable, the native language development and the academic
achievement of English learners;
(5) a process to examine the equitable distribution of teachers and strategies to ensure
children in low-income families, children in families of People of Color, and children in
American Indian families are not taught at higher rates than other children by inexperienced,
ineffective, or out-of-field teachers;
(6) education effectiveness practices that:
(i) integrate high-quality instruction, technology, and curriculum that is rigorous, accurate,
antiracist, and culturally sustaining;
(ii) ensure learning and work environments validate, affirm, embrace, and integrate
cultural and community strengths for all students, families, and employees; and
(iii) provide a collaborative professional culture that seeks to retain qualified, racially
and ethnically diverse staff effective at working with diverse students while developing and
supporting teacher quality, performance, and effectiveness;
(7) an annual budget for continuing to implement the district plan; deleted text begin and
deleted text end
(8) identifying a list of suggested and required materials, resources, sample curricula,
and pedagogical skills for use in kindergarten through grade 12 that accurately reflect the
diversity of the state of Minnesotadeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) starting in the 2025-2026 school year, a language access plan that specifies the
district's process and procedures to render effective language assistance to students and
adults who communicate in a language other than English. The language access plan must
include:
new text end
new text begin
(i) how the district and its schools will use trained or certified spoken language interpreters
for communication related to academic outcomes, progress, and determinations, and
placement of students in specialized programs and services;
new text end
new text begin
(ii) how families and communities will be notified of their rights under this plan; and
new text end
new text begin
(iii) a language access continuous improvement training plan for leadership and staff.
new text end
(b) A school district is not required to include information regarding literacy in a plan
or report required under this section, except with regard to the academic achievement of
English learners.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 120B.30, subdivision 7, is amended
to read:
A student who demonstrates attainment of required state academic
standards, which include career and college readiness benchmarks, on high school
assessments under deleted text begin subdivision 1adeleted text end new text begin section 120B.302new text end is academically ready for a career or
college and is encouraged to participate in courses awarding college credit to high school
students. Such courses and programs may include sequential courses of study within broad
career areas and technical skill assessments that extend beyond course grades.
Minnesota Statutes 2023 Supplement, section 120B.30, subdivision 12, is amended
to read:
deleted text begin
(a) Consistent with applicable federal law, the
commissioner must include appropriate, technically sound accommodations or alternative
assessments for the very few students with disabilities for whom statewide assessments are
inappropriate and for English learners.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end The Department of Education shall contract for professional and technical services
according to competitive solicitation procedures under chapter 16C for purposes of this
section.
deleted text begin (c)deleted text end new text begin (b)new text end A proposal submitted under this section must include disclosures containing:
(1) comprehensive information regarding test administration monitoring practices; and
(2) data privacy safeguards for student information to be transmitted to or used by the
proposing entity.
deleted text begin (d)deleted text end new text begin (c)new text end Information provided in the proposal is not security information or trade secret
information for purposes of section 13.37.
Minnesota Statutes 2023 Supplement, section 120B.30, is amended by adding a
subdivision to read:
new text begin
An employee who discloses information to the
commissioner or a parent or guardian about service disruptions or technical interruptions
related to administering assessments under this section is protected under section 181.932,
governing disclosure of information by employees.
new text end
Minnesota Statutes 2023 Supplement, section 120B.302, is amended to read:
For purposes of conforming with
existing federal educational accountability requirements, the commissioner must develop
and implement computer-adaptive reading and mathematics assessments for grades 3 through
8, state-developed high school reading and mathematics tests aligned with state academic
standards, a high school writing test aligned with state standards when it becomes available,
and science assessments deleted text begin under clause (2)deleted text end that districts and sites must use to monitor student
growth toward achieving those standards. The commissioner mustnew text begin :
new text end
new text begin (1)new text end not develop statewide assessments for academic standards in social studies, health
and physical education, and the artsdeleted text begin . The commissioner must require:deleted text end new text begin ; and
new text end
deleted text begin
(1) annual computer-adaptive reading and mathematics assessments in grades 3 through
8, and high school reading, writing, and mathematics tests; and
deleted text end
(2) new text begin require new text end annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through 8 span, and a life sciences assessment in the grades 9 through 12 span,
and the commissioner must not require students to achieve a passing score on high school
science assessments as a condition of receiving a high school diploma.
The commissioner, with advice from
experts with appropriate technical qualifications and experience and stakeholders, deleted text begin consistent
with subdivision 1a,deleted text end must include new text begin state-developed tests new text end in the comprehensive assessment
systemdeleted text begin , for each grade level to be tested, state-constructed tests developed as
computer-adaptive reading and mathematics assessments for students that are aligned with
the state's required academic standards under section 120B.021, include multiple choice
questions, and are administered annually to all students in grades 3 through 8deleted text end . State-developed
deleted text begin high schooldeleted text end tests deleted text begin aligned with the state's required academic standards under section 120B.021
anddeleted text end administered to all deleted text begin high schooldeleted text end students in a subject other than writing must include
multiple choice questions. deleted text begin The commissioner must establish a testing period as late as
possible each school year during which schools must administer the Minnesota
Comprehensive Assessments to students. The commissioner must publish the testing schedule
at least two years before the beginning of the testing period.
deleted text end
(a) The state assessment system must be
aligned to the most recent revision of academic standards deleted text begin as described in section deleted text end deleted text begin 120B.023deleted text end deleted text begin in
the following manner:deleted text end new text begin .
new text end
deleted text begin
(1) mathematics;
deleted text end
deleted text begin
(i) grades 3 through 8 beginning in the 2010-2011 school year; and
deleted text end
deleted text begin
(ii) high school level beginning in the 2013-2014 school year;
deleted text end
deleted text begin
(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and
deleted text end
deleted text begin
(3) language arts and reading; grades 3 through 8 and high school level beginning in the
2012-2013 school year.
deleted text end
deleted text begin
(b) The grades 3 through 8 computer-adaptive assessments and high school tests must
be aligned with state academic standards. The commissioner must determine the testing
process and the order of administration. The statewide results must be aggregated at the site
and district level, consistent with subdivision 1a.
deleted text end
deleted text begin
(c) The commissioner must ensure that for annual computer-adaptive assessments:
deleted text end
deleted text begin
(1) individual student performance data and achievement reports are available within
three school days of when students take an assessment except in a year when an assessment
reflects new performance standards;
deleted text end
deleted text begin
(2) growth information is available for each student from the student's first assessment
to each proximate assessment using a constant measurement scale;
deleted text end
deleted text begin
(3) parents, teachers, and school administrators are able to use elementary and middle
school student performance data to project students' secondary and postsecondary
achievement; and
deleted text end
deleted text begin
(4) useful diagnostic information about areas of students' academic strengths and
weaknesses is available to teachers and school administrators for improving student
instruction and indicating the specific skills and concepts that should be introduced and
developed for students at given performance levels, organized by strands within subject
areas, and aligned to state academic standards.
deleted text end
deleted text begin (d)deleted text end new text begin (b)new text end The commissioner must ensure that all state tests administered to elementary and
secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.
new text begin
A school, school district, and charter school must administer
statewide assessments under this section as the assessments become available to evaluate
student progress toward career and college readiness in the context of the state's academic
standards. A school, school district, or charter school may use a student's performance on
a statewide assessment as one of multiple criteria to determine grade promotion or retention.
A school, school district, or charter school may use a high school student's performance on
a statewide assessment as a percentage of the student's final grade in a course or place a
student's assessment score on the student's transcript.
new text end
Minnesota Statutes 2023 Supplement, section 120B.305, is amended to read:
deleted text begin
A school, school district, and charter school
must administer statewide assessments under this section, as the assessments become
available, to evaluate student progress toward career and college readiness in the context
of the state's academic standards. A school, school district, or charter school may use a
student's performance on a statewide assessment as one of multiple criteria to determine
grade promotion or retention. A school, school district, or charter school may use a high
school student's performance on a statewide assessment as a percentage of the student's
final grade in a course, or place a student's assessment score on the student's transcript.
deleted text end
(a) Reporting of
state assessment results must:
(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;
(2) include a growth indicator of student achievement; and
(3) determine whether students have met the state's academic standards.
(b) deleted text begin The 3rd through 8th grade computer-adaptive assessment results and high school
test results must be available to districts for diagnostic purposes affecting student learning
and district instruction and curriculum, and for establishing educational accountability.deleted text end new text begin The
commissioner must ensure that for annual computer-adaptive assessments:
new text end
new text begin
(1) individual student performance data and achievement reports are available within
three school days of when students take an assessment except in a year when an assessment
reflects new performance standards;
new text end
new text begin
(2) growth information is available for each student from the student's first assessment
to each proximate assessment using a constant measurement scale;
new text end
new text begin
(3) parents, teachers, and school administrators are able to use elementary and middle
school student performance data to project students' secondary and postsecondary
achievement; and
new text end
new text begin
(4) useful diagnostic information about areas of students' academic strengths and
weaknesses is available to teachers and school administrators for improving student
instruction and indicating the specific skills and concepts that should be introduced and
developed for students at given performance levels, organized by strands within subject
areas, and aligned to state academic standards.
new text end
new text begin (c)new text end The commissioner, in consultation with the chancellor of the Minnesota State Colleges
and Universities, must establish empirically derived benchmarks on the high school tests
that reveal a trajectory toward career and college readiness consistent with section 136F.302,
subdivision 1a. The commissioner must disseminate to the public the computer-adaptive
assessments and high school test results upon receiving those results.
new text begin
(d) A school, school district, or charter school may provide a student's parent access to
the student's individual student performance data and achievement report that is made
available under paragraph (b), clause (1), when the performance data and report is available
to the school, school district, or charter school.
new text end
(a) The commissioner must include the following components
in the statewide public reporting system:
(1) uniform statewide computer-adaptive assessments of all students in grades 3 through
8 and testing at the high school levels that provides appropriate, technically sound
accommodations or alternate assessments;
(2) educational indicators that can be aggregated and compared across school districts
and across time on a statewide basis, including consistent attendance, high school graduation
rates, and high school drop-out rates by age and grade level;
(3) state results on the ACT test; deleted text begin and
deleted text end
(4) state results from participation in the National Assessment of Educational Progress
so that the state can benchmark its performance against the nation and other states, and,
where possible, against other countries, and contribute to the national effort to monitor
achievementdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) comparison of statewide assessment results among school sites and school districts.
new text end
(b) The commissioner shall report test results publicly and to stakeholders, including
the performance achievement levels developed from students' unweighted test scores in
each tested subject and a listing of demographic factors that strongly correlate with student
performance, including student homelessness, as data are available, among other factors.
The test results must not include personally identifiable information as defined in Code of
Federal Regulations, title 34, section 99.3. deleted text begin The commissioner shall also report data that
compares performance results among school sites, school districts, Minnesota and other
states, and Minnesota and other nations.deleted text end The commissioner shall disseminate to schools
and school districts a more comprehensive report containing testing information that meets
local needs for evaluating instruction and curriculum. The commissioner shall disseminate
to charter school authorizers a more comprehensive report containing testing information
that contains anonymized data where cell count data are sufficient to protect student identity
and that meets the authorizer's needs in fulfilling its obligations under chapter 124E.
deleted text begin
(c) The grades 3 through 8 computer-adaptive assessments and high school tests must
be aligned with state academic standards. The commissioner must determine the testing
process and the order of administration. The statewide results must be aggregated at the site
and district level, consistent with subdivision 1a.
deleted text end
Minnesota Statutes 2023 Supplement, section 120B.31, subdivision 4, is amended
to read:
In developing policies and assessment processes
to hold schools and districts accountable for high levels of academic standards under section
120B.021, the commissioner shall deleted text begin aggregate and disaggregate student data over time to
report summary student performance and growth levels and, under section 120B.11,
subdivision 2, clause (2), student learning and outcome data measured at the school, school
district, and statewide level. The commissioner shalldeleted text end use the student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and student categories of:
(1) homelessness;
(2) ethnicity under section 120B.35, subdivision 3, paragraph (a), clause (2);
(3) race under section 120B.35, subdivision 3, paragraph (a), clause (2);
(4) home language;
(5) English learners under section 124D.59;
(6) free or reduced-price meals; and
(7) other categories designated by federal law to organize and report the data so that
state and local policy makers can understand the educational implications of changes in
districts' demographic profiles over time as data are available.
Any report the commissioner disseminates containing summary data on student performance
must integrate student performance and the demographic factors that strongly correlate with
that performance.
Minnesota Statutes 2023 Supplement, section 120B.36, subdivision 1, is amended
to read:
(a) The commissioner
shall report:
(1) student academic performance data under section 120B.35, subdivisions 2 and 3;
(2) academic progress consistent with federal expectations;
(3) school safety and student engagement and connection under section 120B.35,
subdivision 3, paragraph (d);
(4) rigorous coursework under section 120B.35, subdivision 3, paragraph (c);
(5) the percentage of students under section 120B.35, subdivision 3, paragraph (b), clause
(2), whose progress and performance levels are meeting career and college readiness
benchmarks under sections 120B.307 and 120B.35, subdivision 3, paragraph (e);
(6) longitudinal data on the progress of eligible districts in reducing disparities in students'
academic achievement and realizing racial and economic integration under section 124D.861;
(7) the acquisition of English, and where practicable, native language academic literacy,
including oral academic language, and the academic progress of all English learners enrolled
in a Minnesota public school course or program who are currently or were previously counted
as English learners under section 124D.59;
(8) two separate student-to-teacher ratios that clearly indicate the definition of teacher
consistent with sections 122A.06 and 122A.15 for purposes of determining these ratios;
(9) staff characteristics excluding salaries;
(10) student enrollment demographics;
(11) foster care status, including all students enrolled in a Minnesota public school course
or program who are currently or were previously in foster care, student homelessness, and
district mobility; and
(12) extracurricular activities.
(b) The school performance report for a school site and a school district must include
school performance reporting information and calculate proficiency rates as required by the
most recently reauthorized Elementary and Secondary Education Act.
(c) The commissioner shall develop, annually update, and post on the department website
school performance reports consistent with paragraph (a) and section 120B.11.
(d) The commissioner must make available performance reports by the beginning of
each school year.
(e) A school or district may appeal its results in a form and manner determined by the
commissioner and consistent with federal law. The commissioner's decision to uphold or
deny an appeal is final.
(f) School performance data are nonpublic data under section 13.02, subdivision 9, until
the commissioner publicly releases the data. The commissioner shall annually post school
performance reports to the department's public website no later than deleted text begin September 1, except
that in years when the reports reflect new performance standards, the commissioner shall
post the school performance reports no later than Octoberdeleted text end new text begin Decembernew text end 1.
new text begin
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end
new text begin
(b) "School-sponsored media" means material that is:
new text end
new text begin
(1) prepared, wholly or substantially written, published, broadcast, or otherwise
disseminated by a student journalist enrolled in a school district or charter school;
new text end
new text begin
(2) distributed or generally made available to students in the school; and
new text end
new text begin
(3) prepared by a student journalist under the supervision of a student media adviser.
new text end
new text begin
School-sponsored media does not include material prepared solely for distribution or
transmission in the classroom in which the material is produced, or a yearbook.
new text end
new text begin
(c) "School official" means a school principal under section 123B.147 or other person
having administrative control or supervision of a school.
new text end
new text begin
(d) "Student journalist" means a school district or charter school student in grades 6
through 12 who gathers, compiles, writes, edits, photographs, records, or otherwise prepares
information for dissemination in school-sponsored media.
new text end
new text begin
(e) "Student media adviser" means a qualified teacher, as defined in section 122A.16,
that a school district or charter school employs, appoints, or designates to supervise student
journalists or provide instruction relating to school-sponsored media.
new text end
new text begin
(a) Except as provided in subdivision
3, a student journalist has the right to exercise freedom of speech and freedom of the press
in school-sponsored media regardless of whether the school-sponsored media receives
financial support from the school or district, uses school equipment or facilities in its
production, or is produced as part of a class or course in which the student journalist is
enrolled. Freedom of speech includes freedom to express political viewpoints. Consistent
with subdivision 3, a student journalist has the right to determine the news, opinion, feature,
and advertising content of school-sponsored media. A school district or charter school must
not discipline a student journalist for exercising rights or freedoms under this paragraph or
the First Amendment of the United States Constitution.
new text end
new text begin
(b) A school district or charter school must not retaliate or take adverse employment
action against a student media adviser for supporting a student journalist exercising rights
or freedoms under paragraph (a) or the First Amendment of the United States Constitution.
new text end
new text begin
(c) Notwithstanding the rights or freedoms of this subdivision or the First Amendment
of the United States Constitution, nothing in this section inhibits a student media adviser
from teaching professional standards of English and journalism to student journalists.
new text end
new text begin
(a) This section does not authorize or protect student
expression that:
new text end
new text begin
(1) is defamatory;
new text end
new text begin
(2) is profane, harassing, threatening, or intimidating;
new text end
new text begin
(3) constitutes an unwarranted invasion of privacy;
new text end
new text begin
(4) violates federal or state law;
new text end
new text begin
(5) causes a material and substantial disruption of school activities; or
new text end
new text begin
(6) is directed to inciting or producing imminent lawless action on school premises or
the violation of lawful school policies or rules, including a policy adopted in accordance
with section 121A.03 or 121A.031.
new text end
new text begin
(b) Nothing in this section authorizes the publication of an advertisement by
school-sponsored media that promotes the purchase of a product or service that is unlawful
for purchase or use by minors.
new text end
new text begin
(c) A school or district must not authorize any prior restraint of school-sponsored media
except under this subdivision.
new text end
new text begin
School districts and charter schools must adopt and
post a student journalist policy consistent with this section.
new text end
new text begin
This section is effective for the 2024-2025 school year and later.
new text end
Minnesota Statutes 2022, section 124D.09, subdivision 2, is amended to read:
The purpose of this section is to promote rigorous academic pursuitsnew text begin ,
to facilitate career preparation,new text end and to provide a wider variety of options to high school
pupils by encouraging and enabling secondary pupils to enroll full time or part time in
nonsectarian courses or programs in eligible postsecondary institutions, as defined in
subdivision 3.
Minnesota Statutes 2023 Supplement, section 124D.09, subdivision 5, is amended
to read:
new text begin (a) new text end Notwithstanding any other law to the contrary,
an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled Tribal
contract or grant school eligible for aid under section 124D.83, except a foreign exchange
pupil enrolled in a district under a cultural exchange program, may apply to an eligible
institution, as defined in subdivision 3, to enroll in nonsectarian courses offered by that
postsecondary institution.
new text begin (b)new text end If an institution accepts a secondary pupil for enrollment under this section, the
institution shall send written notice to the pupil, the pupil's school or school district, and
the commissioner. The notice must indicate the course and hours of enrollment of that pupil.new text begin
The institution must notify the pupil's school as soon as practicable if the pupil withdraws
from the enrolled course. The institution must also notify the pupil's school as soon as
practicable if the pupil has been absent from a course for ten consecutive days on which
classes are held, based upon the postsecondary institution's academic calendar, and the pupil
is not receiving instruction in their home or hospital or other facility.
new text end
new text begin (c) new text end If the pupil enrolls in a course for postsecondary credit, the institution must notifydeleted text begin :
deleted text end
deleted text begin (1)deleted text end the pupil about payment in the customary manner used by the institutiondeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) the pupil's school as soon as practicable if the pupil withdraws from the course or
stops attending the course.
deleted text end
Minnesota Statutes 2022, section 124D.09, subdivision 7, is amended to read:
By the earlier
of (1) three weeks prior to the date by which a student must register for district courses for
the following school year, or (2) March 1 of each year, a district must provide up-to-date
information on the district's website and in materials that are distributed to parents and
students about the program, including information about enrollment requirements and the
ability to earn postsecondary credit to all pupils in grades 8, 9, 10, and 11. To assist the
district in planning, a pupil must inform the district bynew text begin October 30 ornew text end May 30 of each year
of the pupil's intent to enroll in postsecondary courses during the following deleted text begin school yeardeleted text end new text begin
academic termnew text end . A pupil is bound by notifying or not notifying the district by new text begin October 30 or
new text end May 30.
Minnesota Statutes 2022, section 124D.09, subdivision 9, is amended to read:
(a) A postsecondary institution must give priority to its
postsecondary students when enrolling pupils in grades 10, 11, and 12 in its courses. A
postsecondary institution may provide information about its programs to a secondary school
or to a pupil or parentnew text begin .new text end deleted text begin and it may advertise or otherwise recruit or solicit a secondary pupil
to enroll in its programs on educational and programmatic grounds only except,
notwithstanding other law to the contrary, and for the 2014-2015 through 2019-2020 school
years only, an eligible postsecondary institution may advertise or otherwise recruit or solicit
a secondary pupil residing in a school district with 700 students or more in grades 10, 11,
and 12, to enroll in its programs on educational, programmatic, or financial grounds.
deleted text end
(b) An institution must not enroll secondary pupils, for postsecondary enrollment options
purposes, in remedial, developmental, or other courses that are not college level except
when a student eligible to participate and enrolled in the graduation incentives program
under section 124D.68 enrolls full time in a middle or early college program. A middle or
early college program must be specifically designed to allow the student to earn dual high
school and college credit with a well-defined pathway to allow the student to earn a
postsecondary degree or credential. In this case, the student must receive developmental
college credit and not college credit for completing remedial or developmental courses.
(c) Once a pupil has been enrolled in any postsecondary course under this section, the
pupil must not be displaced by another student.
(d) If a postsecondary institution enrolls a secondary school pupil in a course under this
section, the postsecondary institution also must enroll in the same course an otherwise
enrolled and qualified postsecondary student who qualifies as a veteran under section
197.447, and demonstrates to the postsecondary institution's satisfaction that the institution's
established enrollment timelines were not practicable for that student.
(e) A postsecondary institution must allow secondary pupils to enroll in online courses
under this section consistent with the institution's policy regarding postsecondary pupil
enrollment in online courses.
Minnesota Statutes 2022, section 124D.09, subdivision 10, is amended to read:
(a) An eligible pupil, according to
subdivision 5, may enroll in a nonsectarian course taught by a secondary teacher or a
postsecondary faculty member and offered at a secondary school, or another location,
according to an agreement between a public school board and the governing body of an
eligible public postsecondary system or an eligible private postsecondary institution, as
defined in subdivision 3. All provisions of this section apply to a pupil, public school board,
district, and the governing body of a postsecondary institution, except as otherwise provided.new text begin
A secondary school and a postsecondary institution that enrolls eligible pupils in courses
according to agreements must annually report to the commissioner the participation rates
of pupils enrolled in courses according to agreements, including the number of pupils
enrolled and the number of courses taken for postsecondary or dual credit.
new text end
(b) To encourage students, especially American Indian students and students of color,
to consider teaching as a profession, participating schools, school districts, and postsecondary
institutions are encouraged to develop and offer an "Introduction to Teaching" or
"Introduction to Education" course under this subdivision. For the purpose of applying for
grants under this paragraph, "eligible institution" includes schools and districts that partner
with an accredited college or university in addition to postsecondary institutions identified
in subdivision 3, paragraph (a). Grant recipients under this paragraph must annually report
to the commissioner in a form and manner determined by the commissioner on the
participation rates of students in courses under this paragraph, including the number of
students who apply for admission to colleges or universities with teacher preparation
programs and the number of students of color and American Indian students who earned
postsecondary credit. Grant recipients must also describe recruiting efforts intended to
ensure that the percentage of participating students who are of color or American Indian
meets or exceeds the overall percentage of students of color or American Indian students
in the school.
Minnesota Statutes 2022, section 124D.09, subdivision 10b, is amended to read:
(a) A
postsecondary institution offering courses taught by the secondary teacher according to
subdivision 10 must establish an advisory board. The purpose of the advisory board is to
engage stakeholders in concurrent enrollment decisions. The duties of the board must include
the following:
(1) providing strategic advice and input relating to concurrent enrollment issues;
(2) recommend and review proposals for concurrent enrollment course offerings;
(3) serve as a coordinating entity between secondary education and postsecondary
institutions; and
(4) increase the understanding and collaboration among concurrent enrollment partners,
stakeholders, the legislature, and the public.
(b) The advisory board at each institution must consist of 16 members in addition to a
concurrent enrollment faculty coordinator who shall serve as the chair and convene the
meetings. A postsecondary institution may elect to have an advisory board of less than 16
members if the institution determines that the extent of its concurrent program warrants a
smaller board. Except for the original members, advisory board members must serve
three-year staggered terms. Advisory board members, appointed by the postsecondary
institution, must be balanced based on geography and school size, and include, if practical,
representatives from the following:
(1) postsecondary faculty members;
(2) school superintendents;
new text begin
(3) secondary and postsecondary students;
new text end
deleted text begin (3)deleted text end new text begin (4)new text end high school principals;
deleted text begin (4)deleted text end new text begin (5)new text end concurrent enrollment teachers;
deleted text begin (5)deleted text end new text begin (6)new text end high school counselors;
deleted text begin (6)deleted text end new text begin (7)new text end charter school administrators;
deleted text begin (7)deleted text end new text begin (8)new text end school board members;
deleted text begin (8)deleted text end new text begin (9)new text end secondary academic administrators;
deleted text begin (9)deleted text end new text begin (10)new text end parents; and
deleted text begin (10)deleted text end new text begin (11)new text end other local organizations.
(c) Members of the board serve without compensation.
(d) The board shall report to the postsecondary institution periodically as requested by
the postsecondary institution to provide advice and proposals described in paragraph (a).
(e) The postsecondary institution shall provide administrative services and meeting space
for the board to do its work.
(f) A board established under this section expires when the postsecondary institution no
longer offers concurrent enrollment course offerings.
(g) The postsecondary institution shall appoint the first members to the advisory board
by October 31, 2015, or by October 15 following the year it establishes a concurrent
enrollment program. The postsecondary institution shall designate the terms of the first
members so that an approximately equal number serve terms of two, three, and four years.
Minnesota Statutes 2022, section 124D.09, subdivision 11, is amended to read:
Enrolling in a course under this section
shall not, by itself, prohibit a pupil from participating in activities sponsored by the pupil's
high schooldeleted text begin .deleted text end new text begin , including but not limited to accessing scholarships awarded, sponsored, or
disbursed by the school, or participating in leadership roles or national organizations
sponsored by the pupil's high school.
new text end
Minnesota Statutes 2023 Supplement, section 124D.09, subdivision 12, is amended
to read:
(a) A pupil must not audit
a course under this section.
(b) A district must grant academic credit to a pupil enrolled in a course for secondary
credit if the pupil successfully completes the course. Seven quarter or four semester college
credits equal at least one full year of high school credit. Fewer college credits may be
prorated. A district must also grant academic credit to a pupil enrolled in a course for
postsecondary credit if secondary credit is requested by a pupil. If no comparable course is
offered by the district, the district must, as soon as possible, notify the commissioner, who
must determine the number of credits that must be granted to a pupil who successfully
completes a course. If a comparable course is offered by the district, the school board must
grant a comparable number of credits to the pupil. If there is a dispute between the district
and the pupil regarding the number of credits granted for a particular course, the pupil may
appeal the board's decision to the commissioner. The commissioner's decision regarding
the number of credits is final.
(c) A school board must adopt a policy regarding weighted grade point averages for any
high school or dual enrollment course. new text begin A school board must adopt an identical policy
regarding weighted grade point averages for credits earned via postsecondary coursework
as it gives to credits earned via concurrent enrollment coursework. new text end The policy must state
whether the district offers weighted grades. A school board must annually publish on its
website a list of courses for which a student may earn a weighted grade.
(d) The secondary credits granted to a pupil must be counted toward the graduation
requirements and subject area requirements of the district. Evidence of successful completion
of each course and secondary credits granted must be included in the pupil's secondary
school record. A pupil must provide the school with a copy of the pupil's grades in each
course taken for secondary credit under this section, including interim or nonfinal grades
earned during the academic term. Upon the request of a pupil, the pupil's secondary school
record must also include evidence of successful completion and credits granted for a course
taken for postsecondary credit. In either case, the record must indicate that the credits were
earned at a postsecondary institution.
(e) If a pupil enrolls in a postsecondary institution after leaving secondary school, the
postsecondary institution must award postsecondary credit for any course successfully
completed for secondary credit at that institution. Other postsecondary institutions may
award, after a pupil leaves secondary school, postsecondary credit for any courses
successfully completed under this section. An institution may not charge a pupil for the
award of credit.
(f) The Board of Trustees of the Minnesota State Colleges and Universities and the
Board of Regents of the University of Minnesota must, and private nonprofit and proprietary
postsecondary institutions should, award postsecondary credit for any successfully completed
courses in a program certified by the National Alliance of Concurrent Enrollment Partnerships
offered according to an agreement under subdivision 10. Consistent with section 135A.101,
subdivision 3, all MnSCU institutions must give full credit to a secondary pupil who
completes for postsecondary credit a postsecondary course or program that is part or all of
a goal area or a transfer curriculum at a MnSCU institution when the pupil enrolls in a
MnSCU institution after leaving secondary school. Once one MnSCU institution certifies
as completed a secondary student's postsecondary course or program that is part or all of a
goal area or a transfer curriculum, every MnSCU institution must consider the student's
course or program for that goal area or the transfer curriculum as completed.
Minnesota Statutes 2022, section 124D.60, subdivision 1, is amended to read:
Within deleted text begin tendeleted text end new text begin 30 calendarnew text end days after the deleted text begin enrollment of any pupil in
an instructional program for English learnersdeleted text end new text begin beginning of the school yearnew text end , the districtnew text begin or
charter schoolnew text end in which the deleted text begin pupil residesdeleted text end new text begin English learner identified for participation in an
instructional program for English learners is enrollednew text end must notify the deleted text begin parent by maildeleted text end new text begin parentsnew text end .
new text begin For those children who have not been identified as English learners prior to the beginning
of the school year but are identified as English learners during that school year, the district
or charter school shall notify the children's parents during the first two weeks of the child
being placed in a language instruction educational program. new text end This notice must:
(1) be in writing in English and in the primary language of the pupil's parents;
(2) inform the parents that their child has been enrolled in an instructional program for
English learners;
(3) contain a simple, nontechnical description of the purposes, method and content of
the program;
(4) inform the parents that they have the right to visit the educational program for English
learners in which their child is enrolled;
(5) inform the parents of the time and manner in which to request and receive a conference
for the purpose of explaining the nature and purpose of the program; and
(6) inform the parents of their rights to withdraw their child from an educational program
for English learners and the time and manner in which to do so.
The department shall, at the request of the district, prepare the notice in the primary
language of the parent.
Minnesota Statutes 2022, section 124D.61, is amended to read:
A district that enrolls one or more English learners must implement an educational
program that includes at a minimum the following requirements:
(1) identification and reclassification criteria for English learners and program entrance
and exit criteria for English learners must be documented by the district, applied uniformly
to English learners, and made available to parents and other stakeholders upon request;
new text begin
(2) language development instruction that is designed to effectively increase the language
proficiency of English learners and that addresses Minnesota's English language development
standards under Minnesota Rules, parts 3501.1200 and 3501.1210;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end a written plan of services that describes programming by English proficiency
level made available to parents upon request. The plan must articulate the amount and scope
of service offered to English learners through an educational program for English learners;
deleted text begin (3)deleted text end new text begin (4)new text end professional development opportunities for ESL, bilingual education, mainstream,
and all staff working with English learners which are: (i) coordinated with the district's
professional development activities; (ii) related to the needs of English learners; and (iii)
ongoing;
deleted text begin (4)deleted text end new text begin (5)new text end to the extent possible, avoid isolating English learners for a substantial part of
the school day; and
deleted text begin (5)deleted text end new text begin (6)new text end in predominantly nonverbal subjects, such as art, music, and physical education,
permit English learners to participate fully and on an equal basis with their contemporaries
in public school classes provided for these subjects. To the extent possible, the district must
assure to pupils enrolled in a program for English learners an equal and meaningful
opportunity to participate fully with other pupils in all extracurricular activities.
new text begin
Minnesota Statutes 2022, section 120B.31, subdivisions 2 and 6,
new text end
new text begin
are repealed.
new text end
Minnesota Statutes 2022, section 122A.092, is amended by adding a subdivision
to read:
new text begin
A teacher preparation program is encouraged
to include instruction for teacher candidates on ableism and disability justice, provided by
a person with a disability.
new text end
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 122A.181, is amended by adding a subdivision
to read:
new text begin
(a) The Professional Educator Licensing
and Standards Board must approve an application for a Tier 1 license in a special education
field if:
new text end
new text begin
(1) the application meets all the requirements under subdivision 1;
new text end
new text begin
(2) the district or charter school affirms that the applicant will receive high-quality
professional development that is sustained, intensive, and classroom focused in order to
have a positive and lasting impact on classroom instruction, before and while teaching;
new text end
new text begin
(3) the district or charter school affirms that the applicant will participate in a program
of intensive supervision that consists of structured guidance and regular ongoing support
for teachers or a teacher mentoring program; and
new text end
new text begin
(4) the applicant demonstrates satisfactory progress toward professional licensure.
new text end
new text begin
(b) A teacher with a Tier 1 license in a special education field may assume the functions
as a teacher for a period of time not to exceed three years.
new text end
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 122A.181, subdivision 2, is amended
to read:
deleted text begin (a)deleted text end An applicant for a Tier 1 license must have a
bachelor's degree deleted text begin to teach a class or course outside a career and technical education or career
pathways course of studydeleted text end new text begin , unless the applicant meets an exemption identified in subdivision
2anew text end .
deleted text begin
(b) An applicant for a Tier 1 license must have one of the following credentials in a
relevant content area to teach a class in a career and technical education or career pathways
course of study:
deleted text end
deleted text begin
(1) an associate's degree;
deleted text end
deleted text begin
(2) a professional certification; or
deleted text end
deleted text begin
(3) five years of relevant work experience.
deleted text end
Minnesota Statutes 2022, section 122A.182, is amended by adding a subdivision
to read:
new text begin
The Professional Educator Licensing and
Standards Board must approve an application for a Tier 2 license in a special education
field if:
new text end
new text begin
(1) the application meets all the requirements under subdivision 1;
new text end
new text begin
(2) the district or charter school affirms that the applicant will receive high-quality
professional development that is sustained, intensive, and classroom focused in order to
have a positive and lasting impact on classroom instruction, before and while teaching;
new text end
new text begin
(3) the district or charter school affirms that the applicant will participate in a program
of intensive supervision that consists of structured guidance and regular ongoing support
for teachers or a teacher mentoring program; and
new text end
new text begin
(4) the applicant demonstrates satisfactory progress toward professional licensure.
new text end
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 122A.183, subdivision 2, is amended
to read:
An applicant for a Tier 3 license must meet the coursework
requirement by demonstrating one of the following:
(1) completion of a Minnesota-approved teacher preparation program;
(2) completion of a state-approved teacher preparation program that includes field-specific
student teaching equivalent to field-specific student teaching in Minnesota-approved teacher
preparation programs. The field-specific student teaching requirement does not apply to an
applicant that has two years of field-specific teaching experience;
(3) deleted text begin submission of a content-specificdeleted text end new text begin a recommendation for licensure through thenew text end licensure
new text begin via new text end portfolionew text begin processnew text end ;
(4) a professional teaching license from another state, evidence that the applicant's license
is in good standing, and two years of field-specific teaching experience; or
(5) three years of teaching experience under a Tier 2 license and evidence of summative
teacher evaluations that did not result in placing or otherwise keeping the teacher on an
improvement process pursuant to section 122A.40, subdivision 8, or 122A.41, subdivision
5.
Minnesota Statutes 2023 Supplement, section 122A.184, subdivision 1, is amended
to read:
The Professional Educator Licensing and Standards
Board must issue a Tier 4 license to an applicant who provides information sufficient to
demonstrate all of the following:
(1) the applicant meets all requirements for a Tier 3 license under section 122A.183,
andnew text begin : (i)new text end has completed a teacher preparation program under section 122A.183, subdivision
2, clause (1) or (2)new text begin ; (ii) obtained licensure through the licensure via portfolio process under
section 122A.183, subdivision 2, clause (3); or (iii) holds national board certification from
the National Board for Professional Teaching Standardsnew text end ;
(2) the applicant has at least three years of field-specific teaching experience as a teacher
of record;
(3) the applicant has obtained a passing score on all required licensure exams under
section 122A.185; and
(4) if the applicant previously held a Tier 3 license under section 122A.183, the applicant
has completed the renewal requirements in section 122A.187.
Minnesota Statutes 2023 Supplement, section 122A.185, subdivision 1, is amended
to read:
(a) The board must adopt rules requiring applicants for Tier 3 and
Tier 4 licenses to pass an examination or performance assessment of general pedagogical
knowledge and examinations or assessments of licensure field specific content. An applicant
is exempt from the examination requirements if the applicant deleted text begin completeddeleted text end :
(1) new text begin completed new text end a board-approved teacher preparation program;
(2) new text begin completed new text end licensure via portfolio pursuant to section 122A.18, subdivision 10, and
the portfolio has been deleted text begin approveddeleted text end new text begin recommendednew text end ; deleted text begin or
deleted text end
new text begin
(3) obtained national board certification from the National Board for Professional
Teaching Standards; or
new text end
deleted text begin (3)deleted text end new text begin (4) completednew text end a state-approved teacher preparation program in another state and
passed licensure examinations in that state, if applicable. The content examination
requirement does not apply if no relevant content exam exists.
(b) All testing centers in the state must provide monthly opportunities for untimed content
and pedagogy examinations. These opportunities must be advertised on the test registration
website. The board must require the exam vendor to provide other equitable opportunities
to pass exams, including: (1) waiving testing fees for test takers who qualify for federal
grants; (2) providing free, multiple, full-length practice tests for each exam and free,
comprehensive study guides on the test registration website; (3) making content and pedagogy
exams available in languages other than English for teachers seeking licensure to teach in
language immersion programs; and (4) providing free, detailed exam results analysis by
test objective to assist applicants who do not pass an exam in identifying areas for
improvement. Any applicant who has not passed a required exam after two attempts must
be allowed to retake the exam, including new versions of the exam, without being charged
an additional fee.
Minnesota Statutes 2022, section 122A.185, subdivision 3, is amended to read:
The board and the entity administering the contentdeleted text begin ,deleted text end new text begin
andnew text end pedagogydeleted text begin , and skillsdeleted text end examinations must allow any individual who produces
documentation of a disability in the form of an evaluation, 504 plan, or individual education
program (IEP) to receive the same testing accommodations on the contentdeleted text begin ,deleted text end new text begin andnew text end pedagogydeleted text begin ,
and skillsdeleted text end examinations that the applicant received during the applicant's secondary or
postsecondary education.
Minnesota Statutes 2022, section 122A.20, is amended by adding a subdivision to
read:
new text begin
A school district or charter school may
not place a teacher in a teaching assignment if the teacher has been criminally charged in
state or federal court with any of the offenses listed in subdivision 1, paragraph (b), or is
charged with any other offense not listed in this section that requires the person to register
as a predatory offender under section 243.166, or a crime under a similar law of another
state or the United States.
new text end
Minnesota Statutes 2022, section 122A.33, subdivision 2, is amended to read:
new text begin (a) new text end Notwithstanding section 122A.58, a person employed as
a head varsity coach has an annual contract as a coach that the school board may or may
not renew as the board sees fit.
new text begin
(b) A school board must provide written notice to a coach whose contract the school
board declines to renew for the following school year no more than 60 days after the end
of the regular season for the activity, as established by the high school league under chapter
128C. The notice requirement of this paragraph does not apply if the school board declines
to renew the contract based on the coach's misconduct or failure to perform duties, or the
district's financial limitations.
new text end
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 122A.40, subdivision 8, is amended
to read:
(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop a
teacher evaluation and peer review process for probationary and continuing contract teachers
through joint agreement. If a school board and the exclusive representative of the teachers
do not agree to an annual teacher evaluation and peer review process, then the school board
and the exclusive representative of the teachers must implement the state teacher evaluation
plan under paragraph (c). The process must include having trained observers serve as peer
coaches or having teachers participate in professional learning communities, consistent with
paragraph (b).
(b) To develop, improve, and support qualified teachers and effective teaching practices,
improve student learning and success, and provide all enrolled students in a district or school
with improved and equitable access to more effective and diverse teachers, the annual
evaluation process for teachers:
(1) must, for probationary teachers, provide for all evaluations required under subdivision
5;
(2) must establish a three-year professional review cycle for each teacher that includes
an individual growth and development plan, a peer review process, and at least one
summative evaluation performed by a qualified and trained evaluator such as a school
administrator. For the years when a tenured teacher is not evaluated by a qualified and
trained evaluator, the teacher must be evaluated by a peer review;
(3) must include a rubric of performance standards for teacher practice that: (i) is based
on deleted text begin professional teaching standards established in ruledeleted text end new text begin the standards of effective practice in
Minnesota Rules, part 8710.2000new text end ; (ii) includes culturally responsive methodologies; and
(iii) provides common descriptions of effectiveness using at least three levels of performance;
(4) must coordinate staff development activities under sections 122A.60 and 122A.61
with this evaluation process and teachers' evaluation outcomes;
(5) may provide time during the school day and school year for peer coaching and teacher
collaboration;
(6) may include job-embedded learning opportunities such as professional learning
communities;
(7) may include mentoring and induction programs for teachers, including teachers who
are members of populations underrepresented among the licensed teachers in the district or
school and who reflect the diversity of students under section 120B.35, subdivision 3,
paragraph (b), clause (2), who are enrolled in the district or school;
(8) must include an option for teachers to develop and present a portfolio demonstrating
evidence of reflection and professional growth, consistent with section 122A.187, subdivision
3, and include teachers' own performance assessment based on student work samples and
examples of teachers' work, which may include video among other activities for the
summative evaluation;
(9) must use data from valid and reliable assessments aligned to state and local academic
standards and must use state and local measures of student growth and literacy that may
include value-added models or student learning goals to determine 35 percent of teacher
evaluation results;
(10) must use longitudinal data on student engagement and connection, and other student
outcome measures explicitly aligned with the elements of curriculum for which teachers
are responsible, including academic literacy, oral academic language, and achievement of
content areas of English learners;
(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;
(12) must give teachers not meeting professional teaching standards under clauses (3)
to (11) support to improve through a teacher improvement process that includes established
goals and timelines; and
(13) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (12) that may include a last chance warning, termination,
discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline
a school administrator determines is appropriate.
Data on individual teachers generated under this subdivision are personnel data under
section 13.43. The observation and interview notes of peer coaches may only be disclosed
to other school officials with the consent of the teacher being coached.
(c) The department, in consultation with parents who may represent parent organizations
and teacher and administrator representatives appointed by their respective organizations,
representing the Professional Educator Licensing and Standards Board, the Minnesota
Association of School Administrators, the Minnesota School Boards Association, the
Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and
representatives of the Minnesota Assessment Group, the Minnesota Business Partnership,
the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with
research expertise in teacher evaluation, must create and publish a teacher evaluation process
that complies with the requirements in paragraph (b) and applies to all teachers under this
section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual
teacher evaluation and peer review process. The teacher evaluation process created under
this subdivision does not create additional due process rights for probationary teachers under
subdivision 5.
(d) Consistent with the measures of teacher effectiveness under this subdivision:
(1) for students in kindergarten through grade 4, a school administrator must not place
or approve the placement of a student in the classroom of a teacher who is in the improvement
process referenced in paragraph (b), clause (12), or has not had a summative evaluation if,
in the prior year, that student was in the classroom of a teacher who received discipline
pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that
grade; and
(2) for students in grades 5 through 12, a school administrator must not place or approve
the placement of a student in the classroom of a teacher who is in the improvement process
referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the
prior year, that student was in the classroom of a teacher who received discipline pursuant
to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area
and grade.
All data created and used under this paragraph retains its classification under chapter 13.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2023 Supplement, section 122A.41, subdivision 5, is amended
to read:
(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop an
annual teacher evaluation and peer review process for probationary and nonprobationary
teachers through joint agreement. If a school board and the exclusive representative of the
teachers in the district do not agree to an annual teacher evaluation and peer review process,
then the school board and the exclusive representative of the teachers must implement the
state teacher evaluation plan developed under paragraph (c). The process must include
having trained observers serve as peer coaches or having teachers participate in professional
learning communities, consistent with paragraph (b).
(b) To develop, improve, and support qualified teachers and effective teaching practices
and improve student learning and success, and provide all enrolled students in a district or
school with improved and equitable access to more effective and diverse teachers, the annual
evaluation process for teachers:
(1) must, for probationary teachers, provide for all evaluations required under subdivision
2;
(2) must establish a three-year professional review cycle for each teacher that includes
an individual growth and development plan, a peer review process, and at least one
summative evaluation performed by a qualified and trained evaluator such as a school
administrator;
(3) must include a rubric of performance standards for teacher practice that: (i) is based
on deleted text begin professional teaching standards established in ruledeleted text end new text begin the standards of effective practice in
Minnesota Rules, part 8710.2000new text end ; (ii) includes culturally responsive methodologies; and
(iii) provides common descriptions of effectiveness using at least three levels of performance;
(4) must coordinate staff development activities under sections 122A.60 and 122A.61
with this evaluation process and teachers' evaluation outcomes;
(5) may provide time during the school day and school year for peer coaching and teacher
collaboration;
(6) may include job-embedded learning opportunities such as professional learning
communities;
(7) may include mentoring and induction programs for teachers, including teachers who
are members of populations underrepresented among the licensed teachers in the district or
school and who reflect the diversity of students under section 120B.35, subdivision 3,
paragraph (b), clause (2), who are enrolled in the district or school;
(8) must include an option for teachers to develop and present a portfolio demonstrating
evidence of reflection and professional growth, consistent with section 122A.187, subdivision
3, and include teachers' own performance assessment based on student work samples and
examples of teachers' work, which may include video among other activities for the
summative evaluation;
(9) must use data from valid and reliable assessments aligned to state and local academic
standards and must use state and local measures of student growth and literacy that may
include value-added models or student learning goals to determine 35 percent of teacher
evaluation results;
(10) must use longitudinal data on student engagement and connection and other student
outcome measures explicitly aligned with the elements of curriculum for which teachers
are responsible, including academic literacy, oral academic language, and achievement of
English learners;
(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;
(12) must give teachers not meeting professional teaching standards under clauses (3)
to (11) support to improve through a teacher improvement process that includes established
goals and timelines; and
(13) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (12) that may include a last chance warning, termination,
discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline
a school administrator determines is appropriate.
Data on individual teachers generated under this subdivision are personnel data under
section 13.43. The observation and interview notes of peer coaches may only be disclosed
to other school officials with the consent of the teacher being coached.
(c) The department, in consultation with parents who may represent parent organizations
and teacher and administrator representatives appointed by their respective organizations,
representing the Professional Educator Licensing and Standards Board, the Minnesota
Association of School Administrators, the Minnesota School Boards Association, the
Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and
representatives of the Minnesota Assessment Group, the Minnesota Business Partnership,
the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with
research expertise in teacher evaluation, must create and publish a teacher evaluation process
that complies with the requirements in paragraph (b) and applies to all teachers under this
section and section 122A.40 for whom no agreement exists under paragraph (a) for an annual
teacher evaluation and peer review process. The teacher evaluation process created under
this subdivision does not create additional due process rights for probationary teachers under
subdivision 2.
(d) Consistent with the measures of teacher effectiveness under this subdivision:
(1) for students in kindergarten through grade 4, a school administrator must not place
or approve the placement of a student in the classroom of a teacher who is in the improvement
process referenced in paragraph (b), clause (12), or has not had a summative evaluation if,
in the prior year, that student was in the classroom of a teacher who received discipline
pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that
grade; and
(2) for students in grades 5 through 12, a school administrator must not place or approve
the placement of a student in the classroom of a teacher who is in the improvement process
referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the
prior year, that student was in the classroom of a teacher who received discipline pursuant
to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area
and grade.
All data created and used under this paragraph retains its classification under chapter 13.
new text begin
This section is effective July 1, 2025.
new text end
new text begin
A school district or charter school is encouraged to include training on ableism and
disability justice provided by a person with a disability in its professional development
activities for teachers and paraprofessionals, Title I aides, and other instructional support
staff.
new text end
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 122A.631, subdivision 2, is amended
to read:
new text begin (a) new text end "Heritage language and culture deleted text begin teachersdeleted text end new text begin teachernew text end " means deleted text begin teachers
withdeleted text end a new text begin teacher who meets the following requirements:
new text end
new text begin (1) has a familial new text end connection to deleted text begin adeleted text end new text begin the teacher'snew text end community's language and culture deleted text begin who
usedeleted text end new text begin ;
new text end
new text begin
(2) is proficient in the language and engaged in the culture; and
new text end
new text begin (3) usesnew text end this connection to support students as they learn academic content deleted text begin ordeleted text end new text begin , become
proficient innew text end the languagenew text begin ,new text end andnew text begin engage with thenew text end culture of that particular community.
new text begin
(b) For the purposes of this section, a heritage language and culture teacher of American
Sign Language is a teacher with a childhood connection to American Sign Language and
whose primary language is American Sign Language.
new text end
Minnesota Statutes 2023 Supplement, section 122A.631, subdivision 4, is amended
to read:
(a) The
Professional Educator Licensing and Standards Board shall develop a program to support
initial and additional licensure for heritage language and culture teachers. new text begin The board may
prioritize the participation of heritage language and culture teachers whose own heritage
language is within the most common languages spoken by Minnesota students, as indicated
by the Department of Education report on primary home languages, and for which there are
fewer teacher preparation programs for that licensure area or fewer teachers that hold a
license in that area. new text end The program must include:
(1) a yearlong mentorship program;
(2) monthly meetings where applicants receive guidance on completing the portfolio
process from a portfolio liaison, dedicated specifically to facilitating this program;
(3) a stipend to cover substitute teachers when meetings take place during the school
day;
(4) a waiver for all portfolio and licensure testing fees; and
(5) a portfolio review committee created by the board.
(b) For applicants seeking an initial license in a world language and culture, the applicant
must demonstrate meeting the standards of effective practice in Minnesota Rules, part
8710.2000, and content-specific pedagogical standards in Minnesota Rules, part 8710.4950,
through the portfolio process.
(c) For applicants seeking a dual license, the applicant must demonstrate meeting the
standards of effective practice in Minnesota Rules, part 8710.2000, content-specific
pedagogical standards in Minnesota Rules, part 8710.4950, and all standards for the chosen
dual license through the portfolio process.
(d) For applicants seeking an additional license in a world language and culture, the
applicant must demonstrate meeting the content-specific pedagogical standards in Minnesota
Rules, part 8710.4950.
Minnesota Statutes 2023 Supplement, section 122A.70, subdivision 2, is amended
to read:
new text begin (a) new text end The Professional Educator Licensing and Standards Board
must make grant application forms available to sites interested in developing, sustaining,
or expanding a mentorship program.
new text begin
(b) The following applicants are eligible for a program grant:
new text end
new text begin (1) new text end a school district deleted text begin or group of school districts, a school or coalition of schools, or a
coalition of teachers may apply for a program grant.deleted text end new text begin , charter school, or cooperative unit,
on behalf of its participating schools sites;
new text end
new text begin
(2) a Tribal contract school;
new text end
new text begin
(3) a coalition of teachers; and
new text end
new text begin
(4) a coalition of two or more applicants that are individually eligible for a grant.
new text end
A higher education institution or nonprofit organization may partner with deleted text begin adeleted text end new text begin an eligiblenew text end grant
applicant but is not eligible as a sole applicant for grant funds.
new text begin (c)new text end The Professional Educator Licensing and Standards Board, in consultation with the
teacher mentoring task force, must approve or disapprove the applications. To the extent
possible, the approved applications must reflect effective mentoring, professional
development, and retention components, and be geographically distributed throughout the
state. The Professional Educator Licensing and Standards Board must encourage the selected
sites to consider the use of its assessment procedures.
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, section 122A.2451, subdivision 9,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2023 Supplement, section 122A.185, subdivision 4,
new text end
new text begin
is repealed.
new text end
Minnesota Statutes 2023 Supplement, section 125A.08, is amended to read:
(a) At the beginning of each school
year, each school district shall have in effect, for each child with a disability, an
individualized education program.
(b) As defined in this section, every district must ensure the following:
(1) all students with disabilities are provided the special instruction and services which
are appropriate to their needs. Where the individualized education program team has
determined appropriate goals and objectives based on the student's needs, including the
extent to which the student can be included in the least restrictive environment, and where
there are essentially equivalent and effective instruction, related services, or assistive
technology devices available to meet the student's needs, cost to the district may be among
the factors considered by the team in choosing how to provide the appropriate services,
instruction, or devices that are to be made part of the student's individualized education
program. The individualized education program team shall consider and may authorize
services covered by medical assistance according to section 256B.0625, subdivision 26.
Before a school district evaluation team makes a determination of other health disability
under Minnesota Rules, part 3525.1335, subparts 1 and 2, item A, subitem (1), the evaluation
team must seek written documentation of the student's medically diagnosed chronic or acute
health condition signed by a licensed physician or a licensed health care provider acting
within the scope of the provider's practice. The student's needs and the special education
instruction and services to be provided must be agreed upon through the development of
an individualized education program. The program must address the student's need to develop
skills to live and work as independently as possible within the community. The individualized
education program team must consider positive behavioral interventions, strategies, and
supports that address behavior needs for children. During grade 9, the program must address
the student's needs for transition from secondary services to postsecondary education and
training, employment, community participation, recreation, and leisure and home living. In
developing the program, districts must inform parents of the full range of transitional goals
and related services that should be considered. The program must include a statement of
the needed transition services, including a statement of the interagency responsibilities or
linkages or both before secondary services are concluded. If the individualized education
program meets the plan components in section 120B.125, the individualized education
program satisfies the requirement and no additional transition plan is needed;
(2) children with a disability under age five and their families are provided special
instruction and services appropriate to the child's level of functioning and needs;
(3) children with a disability and their parents or guardians are guaranteed procedural
safeguards and the right to participate in decisions involving identification, assessment
including assistive technology assessment, and educational placement of children with a
disability;
(4) eligibility and needs of children with a disability are determined by an initial
evaluation or reevaluation, which may be completed using existing data under United States
Code, title 20, section 33, et seq.;
(5) to the maximum extent appropriate, children with a disability, including those in
public or private institutions or other care facilities, are educated with children who are not
disabled, and that special classes, separate schooling, or other removal of children with a
disability from the regular educational environment occurs only when and to the extent that
the nature or severity of the disability is such that education in regular classes with the use
of supplementary services cannot be achieved satisfactorily;
(6) in accordance with recognized professional standards, testing and evaluation materials,
and procedures used for the purposes of classification and placement of children with a
disability are selected and administered so as not to be racially or culturally discriminatory;
and
(7) the rights of the child are protected when the parents or guardians are not known or
not available, or the child is a ward of the state.
deleted text begin (c)deleted text end For all paraprofessionals employed to work in programs
whose role in part is to provide direct support to students with disabilities, the school board
in each district shall ensure that:
(1) before or beginning at the time of employment, each paraprofessional must develop
sufficient knowledge and skills in emergency procedures, building orientation, roles and
responsibilities, confidentiality, vulnerability, and reportability, among other things, to begin
meeting the needs, especially disability-specific and behavioral needs, of the students with
whom the paraprofessional works;
(2) within five days of beginning to work alone with an individual student with a
disability, the assigned paraprofessional must be either given paid time, or time during the
school day, to review a student's individualized education program or be briefed on the
student's specific needs by appropriate staff;
(3) annual training opportunities are required to enable the paraprofessional to continue
to further develop the knowledge and skills that are specific to the students with whom the
paraprofessional works, including understanding disabilities, the unique and individual
needs of each student according to the student's disability and how the disability affects the
student's education and behavior, following lesson plans, and implementing follow-up
instructional procedures and activities; and
(4) a districtwide process obligates each paraprofessional to work under the ongoing
direction of a licensed teacher and, where appropriate and possible, the supervision of a
school nurse.
deleted text begin (d)deleted text end A school district may conduct a functional
behavior assessment as defined in Minnesota Rules, part 3525.0210, subpart 22, as a
stand-alone evaluation without conducting a comprehensive evaluation of the student in
accordance with prior written notice provisions in section 125A.091, subdivision 3a. A
parent or guardian may request that a school district conduct a comprehensive evaluation
of the parent's or guardian's student.
new text begin
A school district
may conduct an assessment for developmental adapted physical education, as defined in
Minnesota Rules, part 3525.1352, as a stand-alone evaluation without conducting a
comprehensive evaluation of the student in accordance with prior written notice provisions
in section 125A.091, subdivision 3a. A parent or guardian may request that a school district
conduct a comprehensive evaluation of the parent's or guardian's student.
new text end
new text begin
This section is effective July 1, 2024.
new text end
new text begin
The Professional Educator Licensing and
Standards Board must establish a working group on special education licensure reciprocity.
new text end
new text begin
(a) The board must consult with the organizations identified in
paragraph (b) before naming appointed members to the working group.
new text end
new text begin
(b) By July 1, 2024, the board must appoint the following members to the working group:
new text end
new text begin
(1) the executive director of the board or the executive director's designee;
new text end
new text begin
(2) one representative from the board;
new text end
new text begin
(3) two representatives from Minnesota Administrators for Special Education, consisting
of one member from the seven-county metropolitan area and one member from outside the
metropolitan area;
new text end
new text begin
(4) two representatives from the Minnesota Association of School Administrators,
consisting of one member from the seven-county metropolitan area and one member from
outside the metropolitan area;
new text end
new text begin
(5) two representatives from the Minnesota School Boards Association, consisting of
one member from the seven-county metropolitan area and one member from outside the
metropolitan area;
new text end
new text begin
(6) two representatives from Education Minnesota, consisting of one member from the
seven-county metropolitan area and one member from outside the metropolitan area;
new text end
new text begin
(7) four licensed special education teachers, consisting of two members from the
seven-county metropolitan area and two members from outside the metropolitan area;
new text end
new text begin
(8) two representatives from the Minnesota Association of Colleges for Teacher
Education;
new text end
new text begin
(9) two representatives from alternative teacher preparation programs; and
new text end
new text begin
(10) one representative from the Minnesota Association of Charter Schools.
new text end
new text begin
The working group must meet on a regular basis and review current
statutory and rule requirements for persons with a special education license from another
state to qualify for a special education license in Minnesota, and make recommendations
on statutory or rule changes necessary to streamline requirements for out-of-state applicants.
The working group must submit its recommendations to the board for consideration for
inclusion in the board's legislative priorities, and by February 1, 2025, must submit a report
to the legislative committees with jurisdiction over kindergarten through grade 12 education.
new text end
new text begin
(a) The executive director of the board, or the
director's designee, must convene the initial meeting of the working group. Upon request
of the working group, the board must provide meeting space and administrative services
for the group.
new text end
new text begin
(b) Members of the working group serve without compensation or payment of expenses.
new text end
new text begin
(c) The working group expires February 1, 2025, or upon submission of the report to
the legislature required under subdivision 3, whichever is earlier.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 124E.01, subdivision 1, is amended to read:
The primary purpose of deleted text begin charterdeleted text end new text begin mission-driven chartered publicnew text end
schools is to improve deleted text begin all pupildeleted text end new text begin thenew text end learning deleted text begin and all studentdeleted text end new text begin ,new text end achievementnew text begin , and success of all
studentsnew text end . deleted text begin Additional purposes include todeleted text end new text begin The additional purposes of chartered public schools
are tonew text end :
(1) increase new text begin quality new text end learning opportunities for all deleted text begin pupilsdeleted text end new text begin studentsnew text end ;
(2) encourage the use of different and innovative teaching methods;
(3) measure learning outcomes and create different and innovative forms of measuring
outcomes;
(4) establish new forms of accountability for schools; or
(5) create new professional opportunities for teachers, including the opportunity to be
responsible for the learning program at the school site.
new text begin
A chartered public school must identify the purposes it will address in the charter contract
and document the implementation of those purposes in the school's annual report.
Documentation of the implementation of those purposes must be a component of the
authorizer's performance review of the school.
new text end
Minnesota Statutes 2023 Supplement, section 124E.02, is amended to read:
(a) For purposes of this chapter, the terms defined in this section have the meanings
given them.
(b) "Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under section 124E.06, subdivision 4, attesting to
its review and approval process before chartering a school.
(c) "Affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person.
(d) "Charter management organization" or "CMO" means deleted text begin anydeleted text end new text begin anew text end nonprofit deleted text begin or for-profitdeleted text end
entity new text begin or organization new text end that deleted text begin contracts with a charter school board of directors to provide,
manage, or overseedeleted text end new text begin operates or manages a charter school or a network of charter schools
or can controlnew text end all or substantially all of a school's education program or a school's
administrative, financial, business, or operational functions.
(e) "Control" means the ability to affect the management, operations, or policy actions
or decisions of a person, whether by owning voting securities, by contract, or otherwise.
(f) "Educational management organization" or "EMO" means a deleted text begin nonprofit ordeleted text end for-profit
entity new text begin or organization new text end that deleted text begin provides, manages or overseesdeleted text end new text begin operates or manages a charter
school or a network of charter schools or can controlnew text end all or substantially all of deleted text begin thedeleted text end new text begin a school'snew text end
education program, or deleted text begin thedeleted text end new text begin anew text end school's administrative, financial, business, or operational
functions.
(g) "Immediate family" means deleted text begin an individual whosedeleted text end new text begin anew text end relationship by blood, marriage,
adoption, or partnership deleted text begin is no more remote thandeleted text end new text begin of spouses, parents, grandparents, siblings,
children, aunts, uncles, grandchildren, nieces, nephews, ornew text end first deleted text begin cousindeleted text end new text begin cousinsnew text end .
(h) "Market need and demand study" means a study that includes the following for the
proposed locations of the school or additional site:
(1) current and projected demographic information;
(2) student enrollment patterns;
(3) information on existing schools and types of educational programs currently available;
(4) characteristics of proposed students and families;
(5) availability of properly zoned and classified facilities; and
(6) quantification of existing demand for the school or site.
(i) "Person" means an individual or entity of any kind.
(j) "Related party" means an affiliate or immediate relative of the other interested party,
an affiliate of an immediate relative who is the other interested party, or an immediate
relative of an affiliate who is the other interested party.
(k) For purposes of this chapter, the terms defined in section 120A.05 have the same
meanings.
Minnesota Statutes 2023 Supplement, section 124E.03, subdivision 2, is amended
to read:
(a) A charter school shall
meet all federal, state, and local health and safety requirements applicable to school districts.
(b) A school must comply with statewide accountability requirements governing standards
and assessments in chapter 120B.
(c) A charter school must comply with the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.
(d) A charter school is a district for the purposes of tort liability under chapter 466.
(e) A charter school must comply with the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.
(f) A charter school and charter school board of directors must comply with chapter 181
governing requirements for employment.
(g) A charter school must comply with continuing truant notification under section
260A.03.
(h) A charter school must develop and implement a teacher evaluation and peer review
process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place
students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d).
The teacher evaluation process in this paragraph does not create any additional employment
rights for teachers.
(i) A charter school must adopt a deleted text begin policy,deleted text end plan, budget, and process, consistent with
section 120B.11, to review curriculum, instruction, and student achievement and strive for
the world's best workforce.
(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act,
sections 121A.40 to 121A.56 and 121A.575new text begin , 121A.60, 121A.61, and 121A.65new text end .
Minnesota Statutes 2022, section 124E.05, subdivision 2, is amended to read:
deleted text begin
The authorizer
must participate in department-approved training.
deleted text end
new text begin
(a) The role of an authorizer is to ensure
that a school it authorizes has the autonomy granted by statute, fulfills the purposes of a
chartered public school, and is accountable to the agreed upon terms of the charter school
contract in order to safeguard quality educational opportunities for students and maintain
public trust and confidence.
new text end
new text begin
(b) An authorizer has the following responsibilities:
new text end
new text begin
(1) to review applications for new schools, determine whether a new school is ready to
open, review applications for grade and site expansions, review applications for change in
authorizers, and determine whether to approve or deny an application based on the
authorizer's approved criteria;
new text end
new text begin
(2) to negotiate and execute the performance charter contracts with the schools it
authorizes;
new text end
new text begin
(3) to conduct ongoing monitoring, oversight, and evaluation of the school's academic,
operational, and financial performance during the term of the charter contract;
new text end
new text begin
(4) to evaluate the academic, operational, and financial performance of the school as
defined in the charter contract prior to the end of the contract to determine the renewal,
nonrenewal, or termination of the contract; and
new text end
new text begin
(5) to comply with authorizer requirements in chapter 124E.
new text end
new text begin
(c) An authorizer must document in the authorizer annual report under section 124E.16,
subdivision 2, paragraph (b), the annual successful completion of training of its staff members
during the previous year relative to chartering and an authorizer's role and responsibilities.
new text end
new text begin
(d) An authorizer must participate in department-approved training.
new text end
Minnesota Statutes 2022, section 124E.05, subdivision 3, is amended to read:
(a) An eligible deleted text begin authorizerdeleted text end new text begin organizationnew text end under this section
must apply to the commissioner for approval as an authorizer before submitting any affidavit
to the commissioner to charter a school. The application for approval as a charter school
authorizer must show the applicant's ability to implement the procedures and satisfy the
criteria for chartering a school under this chapter. The commissioner must approve or
disapprove the application within 45 business days of the deadline for that application
period. If the commissioner disapproves the application, the commissioner must notify the
applicant of the specific deficiencies in writing and the applicant then has 20 business days
to address the deficiencies to the commissioner's satisfaction. After the 20 business days
expire, the commissioner has 15 business days to make a final decision to approve or
disapprove the application. Failing to address the deficiencies to the commissioner's
satisfaction makes an applicant ineligible to be an authorizer. The commissioner, in
establishing criteria to approve an authorizer, consistent with subdivision 4, must consider
the applicant's:
(1) infrastructure and capacity to serve as an authorizer;
(2) application criteria and process;
(3) contracting process;
(4) ongoing oversight and evaluation processes; and
(5) renewal criteria and processes.
(b) A disapproved applicant under this section may resubmit an application during a
future application period.
Minnesota Statutes 2022, section 124E.05, subdivision 5, is amended to read:
(a) The commissioner shall review an authorizer's
performance every five years in a manner and form determined by the commissioner, subject
to paragraphs (b) and (c), and may review an authorizer's performance more frequently at
the commissioner's own initiative or at the request of a charter school deleted text begin operatordeleted text end new text begin chief
administratornew text end , charter school board deleted text begin memberdeleted text end new text begin of directorsnew text end , or other interested party. The
commissioner, after completing the review, shall transmit a report with findings to the
authorizernew text begin and the schools authorized by the authorizernew text end .
(b) Consistent with this subdivision, the commissioner must:
deleted text begin
(1) use criteria appropriate to the authorizer and the schools it charters to review the
authorizer's performance; and
deleted text end
deleted text begin
(2) consult with authorizers, charter school operators, and other charter school
stakeholders in developing review criteria under this paragraph.
deleted text end
deleted text begin
(c) The commissioner's form must use existing department data on the authorizer to
minimize duplicate reporting to the extent practicable. When reviewing an authorizer's
performance under this subdivision, the commissioner must not:
deleted text end
deleted text begin
(1) fail to credit;
deleted text end
deleted text begin
(2) withhold points; or
deleted text end
deleted text begin
(3) otherwise penalize an authorizer for failing to charter additional schools or for the
absence of complaints against the authorizer's current portfolio of charter schools.
deleted text end
new text begin
(1) develop the criteria and process of the performance review system in consultation
with authorizers, school administrators, charter school boards of directors, and other charter
school stakeholders;
new text end
new text begin
(2) publish the authorizer performance review criteria and process at least 12 months
before any change or process takes effect, except for changes required to take effect earlier
in accordance with state or federal law;
new text end
new text begin
(3) evaluate the authorizer's performance on adherence and implementation of the
authorizer's policies, procedures, and processes that are subject to section 124E.05,
subdivision 2, paragraph (b);
new text end
new text begin
(4) solicit feedback from the authorizer, charter school administrators, and charter school
boards of directors; and
new text end
new text begin
(5) use existing department data on the authorizer to minimize duplicate reporting to the
extent practicable.
new text end
new text begin
(c) Consistent with this subdivision the commissioner must not penalize in any way an
authorizer for not chartering additional schools or for the absence of complaints against an
authorizer or an authorizer's portfolio of schools.
new text end
Minnesota Statutes 2023 Supplement, section 124E.06, subdivision 1, is amended
to read:
(a) An authorizer, after receiving an
application from a charter school developer, may charter either a licensed teacher under
section 122A.18, subdivision 1, or a group of individuals that includes one or more licensed
teachers under section 122A.18, subdivision 1, to operate a school subject to the
commissioner's approval of the authorizer's affidavit under subdivision 4.
(b) "Application" under this section means the charter school business plan a charter
school developer submits to an authorizer for approval to establish a charter school. This
application must include:
(1) the proposed school's:
(i) mission and vision statements;
(ii) purposes and goals;
(iii) educational program design and how the program will improve student learning,
success, and achievement;
(iv) plan to address the social and emotional learning needs of students and student
support services;
(v) plan to provide special education management and services;
(vi) plan for staffing the school with appropriately qualified and licensed personnel;
(vii) financial plan;
(viii) governance and management structure and plan;
(ix) market need and demand study; and
(x) plan for ongoing outreach and dissemination of information about the school's
offerings and enrollment procedure to families that reflect the diversity of Minnesota's
population and targeted groups under section 124E.17, subdivision 1, paragraph (a);
(2) the school developer's experience and background, including criminal history and
bankruptcy background checks;new text begin and
new text end
(3) any other information the authorizer requestsdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(4) a "statement of assurances" of legal compliance prescribed by the commissioner.
deleted text end
(c) An authorizer shall not approve an application submitted by a charter school developer
under paragraph (a) if the application does not comply with subdivision 3, paragraph (e),
and section 124E.01, subdivision 1. The commissioner shall not approve an affidavit
submitted by an authorizer under subdivision 4 if the affidavit does not comply with
subdivision 3, paragraph (e), and section 124E.01, subdivision 1.
Minnesota Statutes 2023 Supplement, section 124E.06, subdivision 4, is amended
to read:
(a) Before an operator may establish
and operate a school, the authorizer must file an affidavit with the commissioner stating its
intent to charter a school. An authorizer must file a separate affidavit for each school it
intends to charter. An authorizer must file an affidavit at least 14 months before July 1 of
the year the new charter school plans to serve students. The affidavit must statedeleted text begin :
deleted text end
deleted text begin (1)deleted text end the terms and conditions under which the authorizer would charter a school, including
a market need and demand studydeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) how the authorizer intends to oversee:
deleted text end
deleted text begin
(i) the fiscal and student performance of the charter school; and
deleted text end
deleted text begin
(ii) compliance with the terms of the written contract between the authorizer and the
charter school board of directors under section 124E.10, subdivision 1.
deleted text end
(b) The commissioner must approve or disapprove the authorizer's affidavit within 60
business days of receiving the affidavit. If the commissioner disapproves the affidavit, the
commissioner shall notify the authorizer of the deficiencies in the affidavit and the authorizer
then has 20 business days to address the deficiencies. The commissioner must notify the
authorizer of the commissioner's final approval or final disapproval within 15 business days
after receiving the authorizer's response to the deficiencies in the affidavit. If the authorizer
does not address deficiencies to the commissioner's satisfaction, the commissioner's
disapproval is final. An authorizer who fails to obtain the commissioner's approval is
precluded from chartering the school that is the subject of this affidavit.
new text begin
(c) The grades and number of primary enrollment sites in an approved affidavit may
only be modified under subdivision 5.
new text end
Minnesota Statutes 2023 Supplement, section 124E.06, subdivision 5, is amended
to read:
(a) A charter school may apply to the authorizer to
amend the school charter to add grades or primary enrollment sites beyond those defined
in the original affidavit approved by the commissioner. After approving the school's
application, the authorizer shall submit a supplemental affidavit in the form and manner
prescribed by the commissioner. The authorizer must file a supplemental affidavit to the
commissioner by October 1 to be eligible to add grades or sites in the next school year. The
supplemental affidavit must document deleted text begin to the authorizer's satisfactiondeleted text end :
(1) deleted text begin the need for the additional grades or sites with supporting long-range enrollment
projectionsdeleted text end new text begin for site expansion, a market need and demand study with long-range enrollment
projectionsnew text end ;
(2) deleted text begin a longitudinal record of student academic performance and growth on statewide
assessments under chapter deleted text end deleted text begin 120Bdeleted text end deleted text begin or on other academic assessments that measure longitudinal
student performance and growth approved by the charter school's board of directors and
agreed upon with the authorizerdeleted text end new text begin for grade expansion, the need for the additional grades with
supporting long-range enrollment projectionsnew text end ;
(3) deleted text begin a history of sound school finances and a plan to add grades or sites that sustains the
school's financesdeleted text end new text begin a longitudinal record of at least the three most recent years of student
academic proficiency and growth on statewide assessments under chapter 120B or on other
academic assessments that measure at least the three most recent years of longitudinal
student proficiency and growth approved by the charter school's board of directors and
agreed upon with the authorizernew text end ;
(4) deleted text begin board capacity to administer and manage the additional grades or sitesdeleted text end new text begin at least three
years of sound school finances and a plan to add grades or sites that sustains the school's
financesnew text end ; and
(5) deleted text begin for site expansion, a market need and demand studydeleted text end new text begin board capacity to administer
and manage the additional grades or sitesnew text end .
(b) The commissioner shall have 30 business days to review and comment on the
supplemental affidavit. The commissioner shall notify the authorizer in writing of any
deficiencies in the supplemental affidavit and the authorizer then has 20 business days to
address any deficiencies in the supplemental affidavit to the commissioner's satisfaction.
The commissioner must notify the authorizer of final approval or final disapproval within
15 business days after receiving the authorizer's response to the deficiencies in the affidavit.
The school may not add grades or sites until the commissioner has approved the supplemental
affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.
Minnesota Statutes 2022, section 124E.07, is amended to read:
Before entering into a contract or other
agreement for professional or other services, goods, or facilities, the operators authorized
to organize and operate a school must establish a board of directors composed of at least
five members deleted text begin who are not related partiesdeleted text end . new text begin The initial board members must not be related
parties. new text end The initial board continues to serve until a timely election for members of the
ongoing charter school board of directors is held according to the school's articles and
bylaws under subdivision 4.new text begin The initial board of directors and school developers must
comply with the training requirements in subdivision 7 upon the incorporation of the school.
new text end
deleted text begin The ongoing board must be elected before the
school completes its third year of operation.deleted text end new text begin The initial board must begin the transition to
the ongoing board structure by the end of the first year of operation and complete the
transition by the end of the second year of operation. The terms of board members shall
begin on July 1. Terms shall be no less than two years. The bylaws shall set the number of
terms an individual may serve on the board and as an officer of the board.new text end Board elections
must be held during the school year but may not be conducted on days when the school is
closed.
(a) The ongoing charter school board of directors shall
have at least five deleted text begin nonrelateddeleted text end members deleted text begin and include:deleted text end new text begin . The board members must not be related
parties. The ongoing board must include:new text end (1) at least one licensed teacher deleted text begin who is employed
as a teacher at the school or provides instruction under contract between the charter school
and a cooperativedeleted text end ; (2) at least one parent or legal guardian of a student enrolled in the charter
school who is not an employee of the charter school; and (3) at least one interested
community member deleted text begin who resides in Minnesota, is not employed by the charter school, and
does not have a child enrolled in the schooldeleted text end . new text begin A community member serving on the board
must reside in Minnesota, must not have a child enrolled in the school, and must not be an
employee of the charter school.
new text end
new text begin
(b) To serve as a licensed teacher on a charter school board, an individual must:
new text end
new text begin
(1) be employed by the school or provide at least 720 hours of service under a contract
between the charter school and a teacher cooperative;
new text end
new text begin
(2) be a qualified teacher as defined under section 122A.16, either serving as a teacher
of record in a field in which the individual has a field license, or providing services to
students the individual is licensed to provide; and
new text end
new text begin
(3) not serve in an administrative or supervisory capacity for more than 240 hours in a
school calendar year.
new text end
new text begin (c) The board structure must be defined in the bylaws. new text end The board structure may deleted text begin includedeleted text end new text begin
(1) benew text end a majority of teachers under deleted text begin thisdeleted text end paragraph deleted text begin ordeleted text end new text begin (b), (2) be a majority ofnew text end parents deleted text begin ordeleted text end new text begin , (3)
be a majority ofnew text end community members, or deleted text begin it maydeleted text end new text begin (4)new text end have no clear majority.
new text begin (d)new text end The deleted text begin chief financial officer and thedeleted text end chief administrator may only serve as new text begin an new text end ex-officio
nonvoting board deleted text begin membersdeleted text end new text begin membernew text end . No charter school employees shall serve on the board
other than teachers under deleted text begin clause (1)deleted text end new text begin paragraph (b)new text end . deleted text begin Contractors providing facilities, goods,
or services to a charter school shall not serve on the board of directors of the charter school.
deleted text end
deleted text begin (b)deleted text end new text begin (e) A contractor providing facilities, goods, or services to a charter school must not
serve on the board of directors. In addition, new text end an individual is prohibited from serving as a
member of the charter school board of directors if: (1) the individual, an immediate family
member, or the individual's partner is a full or part owner or principal with a for-profit or
nonprofit entity or independent contractor with whom the charter school contracts, directly
or indirectly, for professional services, goods, or facilities; or (2) an immediate family
member is an employee of the school. An individual may serve as a member of the board
of directors if no conflict of interest exists under this paragraph, consistent with this section.
deleted text begin (c)deleted text end new text begin (f)new text end A violation of paragraph deleted text begin (b)deleted text end new text begin (e)new text end renders a contract voidable at the option of the
commissioner or the charter school board of directors. A member of a charter school board
of directors who violates paragraph deleted text begin (b)deleted text end new text begin (e)new text end is individually liable to the charter school for
any damage caused by the violation.
deleted text begin (d)deleted text end new text begin (g)new text end Any employee, agent, new text begin contractor, new text end or board member of the authorizer who
participates in initially reviewing, approving, overseeing, evaluating, renewing, or not
renewing the charter school is ineligible to serve on the board of directors of a school
chartered by that authorizer.
new text begin
(h) An individual is prohibited from serving on more than one charter school board at
the same time in either an elected or ex-officio capacity.
new text end
Board bylaws shall outline the process and procedures for
changing the board's governance structure, consistent with chapter 317A. A board may
change its governance structure only:
(1) by a majority vote of the board of directors deleted text begin and a majority vote of the licensed teachers
employed by the school as teachers, including licensed teachers providing instruction under
a contract between the school and a cooperativedeleted text end ; deleted text begin and
deleted text end
new text begin
(2) by a majority vote of the licensed teachers employed by the school as teachers who
provide instruction to students, including licensed teachers providing instruction under a
contract between the school and a cooperative; and
new text end
deleted text begin (2)deleted text end new text begin (3)new text end with the authorizer's approval.
Any change in board governance structure must conform with the board composition
established under this section.
new text begin (a) new text end Staff members employed at the school,
including teachers providing instruction under a contract with a cooperative, members of
the board of directors, and all parents or legal guardians of children enrolled in the school
are the voters eligible to elect the members of the school's board of directors. deleted text begin A charter
school must notify eligible voters of the school board election dates at least 30 days before
the election.
deleted text end
new text begin
(b) The board of directors must establish and publish election policies and procedures
on the school's website.
new text end
new text begin
(c) The board of directors must notify eligible voters of the school board election dates
and voting procedures at least 30 calendar days before the election and post this information
on the school's website.
new text end
new text begin
(d) The board of directors must notify eligible voters of the candidates' names,
biographies, and candidate statements at least ten calendar days before the election and post
this information on the school's website.
new text end
new text begin (a) new text end The board of directors also shall decide and is responsible for new text begin all
decision making on new text end policy matters related to operating the school, including budgeting,
curriculum programming, personnel, and operating procedures. deleted text begin The board shall adopt a
nepotism policy.deleted text end The board deleted text begin shalldeleted text end new text begin mustnew text end adopt personnel evaluation policies and practices
that, at a minimum:
(1) carry out the school's mission and goals;
(2) evaluate how charter contract goals and commitments are executed;
(3) evaluate student achievement, postsecondary and workforce readiness, and student
engagement and connection goals;
(4) establish a teacher evaluation process under section 124E.03, subdivision 2, paragraph
(h); and
(5) provide professional development related to the individual's job responsibilities.
new text begin
(b) The board must adopt a nepotism policy that prohibits the employment of immediate
family members of a board member, a school employee, or a teacher who provides instruction
under a contract between the charter school and a cooperative. The board may waive this
policy if: (1) the position is publicly posted for 20 business days; and (2) a two-thirds
majority of the remaining board of directors who are not immediate family members of an
applicant vote to approve the hiring. A board member, school employee, or teacher under
contract with a cooperative must not be involved in an interview, selection process, hiring,
supervision, or evaluation of an employee who is an immediate family member.
new text end
deleted text begin
Every charter school board member shall attend annual training
throughout the member's term. All new board members shall attend initial training on the
board's role and responsibilities, employment policies and practices, and financial
management. A new board member who does not begin the required initial training within
six months after being seated and complete that training within 12 months after being seated
is automatically ineligible to continue to serve as a board member. The school shall include
in its annual report the training each board member attended during the previous year.
deleted text end
new text begin
(a) Every charter school board member and nonvoting ex-officio member who is a charter
school director or chief administrator must attend board training.
new text end
new text begin
(b) Prior to beginning their term, a new board member must complete training on a
charter school board's role and responsibilities, open meeting law, and data practices law.
An ex-officio member, who is a charter school director or chief administrator, must complete
this training within three months of starting employment at the school.
new text end
new text begin
(c) A new board member must complete training on employment policies and practices
under chapter 181; public school funding and financial management; and the board's roles
and responsibilities regarding student success, achievement, and performance within 12
months of being seated on the board or the individual is automatically ineligible to continue
to serve as a board member. A board member who does not complete training within the
12-month period is ineligible to be elected or appointed to a charter school board for a period
of 18 months.
new text end
new text begin
(d) Every charter school board member must complete annual training throughout the
member's term based on an annual assessment of the training needs of individual members
and the full board. Ongoing training includes but is not limited to budgeting, financial
management, recruiting and hiring a charter school director or chief administrator, evaluating
a charter school director or chief administrator, governance-management relationships,
student support services, student discipline, state standards, cultural diversity, succession
planning, strategic planning, program oversight and evaluation, compensation systems,
human resources policies, effective parent and community relationships, authorizer contract
and relationships, charter school law, legal liability, board recruitment and elections, board
meetings and operations, policy development and review, and school health and safety.
new text end
new text begin
(e) The organization or person providing training under paragraphs (b), (c), and (d) must
certify the individual's completion of the training provided.
new text end
new text begin
(f) The charter school is responsible for covering the costs related to board training. The
charter school must include in its annual report the training each board member completed
during the previous year.
new text end
new text begin
(g) The board must ensure that an annual assessment of the board's performance is
conducted and the results are reported in the school's annual report.
new text end
(a) Board of director meetings must comply with
chapter 13D governing open meetings.
(b) A charter school shall publish and maintain on the school's official website: (1) the
meeting minutes of the board of directors and of members and committees having
board-delegated authority, new text begin within 30 days following the earlier of the date of board approval
or the next regularly scheduled meeting, and new text end for at least 365 days from the date of publication;
(2) directory information for the board of directors and for the members of committees
having board-delegated authority; and (3) identifying and contact information for the school's
authorizer.
(c) A charter school must include identifying and contact information for the school's
authorizer in other school materials it makes available to the public.
Minnesota Statutes 2022, section 124E.10, subdivision 2, is amended to read:
(a) A school must disclose to the
commissioner any potential contract, lease, or purchase of service from deleted text begin andeleted text end new text begin itsnew text end authorizernew text begin or
a board member, employee, contractor, volunteer, or agent of its authorizernew text end . The contract,
lease, or purchase must be accepted through an open bidding process and be separate from
the charter contract. The school must document the open bidding process. An authorizer
must not enter into a contract to provide management and financial services to a school it
authorizes, unless the school documents receiving at least two competitive bids.
new text begin
(b) Notwithstanding paragraph (a), a charter school may enter into a contract for legal
services without opening a bidding process. The school must disclose the contract to the
commissioner in accordance with paragraph (a).
new text end
deleted text begin (b)deleted text end new text begin (c)new text end An authorizer must not condition granting or renewing a charter on:
(1) the charter school being required to contract, lease, or purchase services from the
authorizer; or
(2) the bargaining unit status of school employees.
Minnesota Statutes 2022, section 124E.10, subdivision 4, is amended to read:
(a) The
duration of the contract with an authorizer must be for the term contained in the contract
according to subdivision 1, paragraph (a). The authorizer may or may not renew a contract
at the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
terminate a contract during the term of the contract for any ground listed in paragraph (b).
At least 60 business days before not renewing or terminating a contract, the authorizer shall
notify the board of directors of the charter school of the proposed action in writing. The
notice shall state the grounds for the proposed action in reasonable detail and describe the
informal hearing process, consistent with this paragraph. The charter school's board of
directors may request in writing an informal hearing before the authorizer within 15 business
days after receiving notice of nonrenewal or termination of the contract. Failure by the board
of directors to make a written request for an informal hearing within the 15-business-day
period shall be treated as acquiescence to the proposed action. Upon receiving a timely
written request for a hearing, the authorizer shall give ten business days' notice to the charter
school's board of directors of the hearing date. new text begin The hearing must be recorded by audio
recording, video recording, or a court reporter. The authorizer must preserve the recording
for three years and make the recording available to the public. new text end The authorizer shall conduct
an informal hearing before taking final action. The authorizer shall take final action to renew
or not renew a contract no later than 20 business days before the proposed date for terminating
the contract or the end date of the contract.
(b) An authorizer may terminate or not renew a contract upon any of the following
grounds:
(1) failure to demonstrate satisfactory academic achievement for all students, including
the requirements for pupil performance contained in the contract;
(2) failure to meet generally accepted standards of fiscal management;
(3) violations of law; or
(4) other good cause shown.
If the authorizer terminates or does not renew a contract under this paragraph, the school
must be dissolved according to the applicable provisions of chapter 317A.
(c) The commissioner, after providing reasonable notice to the board of directors of a
charter school and the existing authorizer, and after providing an opportunity for a public
hearing, may terminate the existing contract between the authorizer and the charter school
board if the charter school has a history of:
(1) failure to meet pupil performance requirements, consistent with state law;
(2) financial mismanagement or failure to meet generally accepted standards of fiscal
management; or
(3) repeated or major violations of the law.
Minnesota Statutes 2022, section 124E.10, subdivision 5, is amended to read:
If the authorizer and the deleted text begin charter schooldeleted text end board of directors
new text begin of a charter school serving enrolled students new text end mutually agree not to renew the contract, or if
the governing board of an approved authorizer votes to withdraw as an approved authorizer
for a reason unrelated to any cause under subdivision 4, a change in authorizers is allowed.
The authorizer and the school board must jointly submit a written and signed letter of their
intent to the commissioner to mutually not renew the contract. The authorizer that is a party
to the existing contract must inform the proposed authorizer about the fiscal, operational,
and student performance status of the school, including unmet contract outcomes and other
outstanding contractual obligations. The charter contract between the proposed authorizer
and the school must identify and provide a plan to address any outstanding obligations from
the previous contract. The proposed authorizer must submit the proposed contract at least
105 business days before the end of the existing charter contract. The commissioner has 30
business days to review and make a determination on the change in authorizer. The proposed
authorizer and the school have 15 business days to respond to the determination and address
any issues identified by the commissioner. The commissioner must make a final
determination no later than 45 business days before the end of the current charter contract.
If the commissioner does not approve a change in authorizer, the school and the current
authorizer may withdraw their letter of nonrenewal and enter into a new contract. If the
commissioner does not approve a change in authorizer and the current authorizer and the
school do not withdraw their letter and enter into a new contract, the school must be dissolved
according to applicable law and the terms of the contract.
Minnesota Statutes 2023 Supplement, section 124E.11, is amended to read:
(a) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), may limit admission to:
(1) pupils within an age group or grade level;
(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or
(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.
(b) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), must enroll an eligible pupil who
submits a timely application, unless the number of applications exceeds the capacity of a
program, class, grade level, or building. In this case, pupils must be accepted by lot. The
charter school must develop and publish, including on its website, a lottery policy and
process that it must use when accepting pupils by lot.
(c) Admission to a charter school must be free to any eligible pupil who resides within
the state. A charter school must give enrollment preference to a Minnesota resident pupil
over pupils that do not reside in Minnesota. A charter school must require a pupil who does
not reside in Minnesota to annually apply to enroll in accordance with paragraphs (a) to (f).
A charter school must give enrollment preference to a sibling of an enrolled pupil and to a
foster child of that pupil's parents and may give preference for enrolling children of the
school's staff before accepting other pupils by lot. new text begin A staff member is eligible for an enrollment
preference for the staff member's child if the individual is expected to perform work for the
school for at least 480 hours in a school calendar year. new text end A charter school that is located in
Duluth township in St. Louis County and admits students in kindergarten through grade 6
must give enrollment preference to students residing within a five-mile radius of the school
and to the siblings of enrolled children.
(d) A person may not be admitted to a charter school: (1) as a kindergarten pupil, unless
the pupil is at least five years of age on September 1 of the calendar year in which the school
year for which the pupil seeks admission commences; or (2) as a first grade student, unless
the pupil is at least six years of age on September 1 of the calendar year in which the school
year for which the pupil seeks admission commences or has completed kindergarten; except
that a charter school may establish and publish on its website a policy for admission of
selected pupils at an earlier age, consistent with the enrollment process in paragraphs (b)
and (c).
(e) Except as permitted in paragraphs (d) and (i), a charter school, including its preschool
or prekindergarten program established under section 124E.06, subdivision 3, paragraph
(b), may not limit admission to pupils on the basis of intellectual ability, measures of
achievement or aptitude, or athletic ability and may not establish any criteria or requirements
for admission that are inconsistent with this section.
(f) The charter school new text begin or any agent of the school new text end must not distribute any services or
goodsnew text begin , payments, or other incentivesnew text end of value to students, parents, or guardians as an
inducement, term, or condition of enrolling a student in a charter school.
(g) Once a student who resides in Minnesota is enrolled in the school in kindergarten
through grade 12, or in the school's free preschool or prekindergarten program under section
124E.06, subdivision 3, paragraph (b), the student is considered enrolled in the school until
the student formally withdrawsnew text begin , the school receives a request for the transfer of educational
records from another school, the school receives a written election by the parent or legal
guardian of the student withdrawing the student,new text end ornew text begin the studentnew text end is expelled under the Pupil
Fair Dismissal Act in sections 121A.40 to 121A.56.
(h) A charter school with at least 90 percent of enrolled students who are eligible for
special education services and have a primary disability of deaf or hard-of-hearing may
enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1,
paragraph (a), and must comply with the federal Individuals with Disabilities Education
Act under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause
(iv).
(i) A charter school serving at least 90 percent of enrolled students who are eligible for
special education services and have a primary disability of deaf, deafblind, or hard-of-hearing
may give enrollment preference to students who are eligible for special education services
and have a primary disability of deaf, deafblind, or hard-of-hearing. The charter school may
not limit admission based on the student's eligibility for additional special education services.
Minnesota Statutes 2023 Supplement, section 124E.12, subdivision 1, is amended
to read:
A charter school, excluding its preschool or prekindergarten
program established under section 124E.06, subdivision 3, must employ or contract with
necessary teachers, as defined by section 122A.06, subdivision 2, or contract with a
cooperative formed under chapter 308A to provide necessary teachers, who hold valid
licenses to perform the particular service for which they are employed in the school. new text begin A
charter school may not contract with a CMO or EMO to provide necessary teachers. new text end A
charter school's preschool or prekindergarten program must employ or contract with teachers
knowledgeable in early childhood curriculum content, assessment, native and English
language programs, and instruction established under section 124E.06, subdivision 3. The
commissioner may reduce the charter school's state aid under section 127A.43 if the school
employs a teacher who is not appropriately licensed or approved by the Professional Educator
Licensing and Standards Board. The school may employ necessary employees who are not
required to hold teaching licenses to perform duties other than teaching and may contract
for other services. The school may discharge teachers and nonlicensed employees. The
charter school board is subject to section 181.932 governing whistle-blowers. When offering
employment to a prospective employee, a charter school must give that employee a written
description of the terms and conditions of employment and the school's personnel policies.
Minnesota Statutes 2022, section 124E.12, subdivision 2, is amended to read:
deleted text begin
(a) A person, without holding a valid administrator's license,
may perform administrative, supervisory, or instructional leadership duties. The board of
directors shall establish qualifications for all persons who hold administrative, supervisory,
or instructional leadership roles. The qualifications shall cover at least: instruction and
assessment; human resource and personnel management; financial management; legal and
compliance management; effective communication; and board, authorizer, and community
relationships. The board of directors shall use those qualifications as the basis for job
descriptions, hiring, and performance evaluations of those who hold administrative,
supervisory, or instructional leadership roles.
deleted text end
deleted text begin
(b) The board of directors and an individual who does not hold a valid administrative
license and who serves in an administrative, supervisory, or instructional leadership position
shall develop a professional development plan. The school's annual report must include
public personnel information documenting the professional development plan.
deleted text end
new text begin
(a) A charter school board of directors must establish qualifications for all persons who
hold administrative, academic supervision, or instructional leadership positions. The
qualifications must include a requirement that a person hold a minimum of a four-year
degree from an accredited institution or equivalent experience. Other qualifications for these
positions shall include, as appropriate for the specific position: instruction and assessment,
curriculum design, human resource and personnel management, professional ethics, child
development, financial management, legal and compliance management, special education
oversight, contract management, effective communication, cultural competency, board and
authorizer relationships, parent relationships, and community partnerships. A charter school
board of directors must use those qualifications as the basis for the job description, hiring,
and performance evaluation of the charter school director or chief administrator. The charter
school director or chief administrator must use those qualifications as the basis for the job
descriptions, hiring, and performance reviews for the administrative staff, academic program
supervisors, and instructional leaders who report to the charter school director or chief
administrator.
new text end
new text begin
(b) A person who does not hold a valid administrator's license may perform
administrative, academic supervision, or instructional leadership duties. A person without
a valid administrator's license serving as a charter school director or chief administrator
must complete a minimum of 25 hours annually of competency-based training corresponding
to the individual's annual professional development needs and plan approved by the charter
school board of directors. Training includes but is not limited to: instruction and curriculum;
state standards; teacher and staff hiring, development, support, and evaluation;
social-emotional learning; data collection and usage; assessment methodologies; use of
technology for learning and management; charter school law and requirements; code of
professional ethics; financial management and state accounting requirements; grant
management; legal and compliance management; special education management; health
and safety laws; restorative justice; cultural competencies; effective communication; parent
relationships; board and management relationships; community partnerships; charter contract
and authorizer relationships; and public accountability.
new text end
new text begin
(c) A person serving as a charter school director or chief administrator with a valid
administrator's license must complete a minimum of ten hours of competency-based training
during the first year of employment on the following: charter school law and requirements,
board and management relationships, and charter contract and authorizer relationships.
new text end
new text begin
(d) The training a person must complete under paragraphs (b) and (c) may not be
self-instructional. The organization or instructor providing the training must certify
completion of the training. The person must submit the certification of completion of training
to the charter school board of directors and certifications must be maintained in the personnel
file. Completing required training must be a component of annual performance evaluations.
new text end
new text begin
(e) All professional development training completed by the charter school director or
chief administrator in the previous academic year must be documented in the charter school's
annual report.
new text end
new text begin
(f) No charter school administrator may serve as a paid administrator or consultant with
another charter school without the knowledge and a two-thirds vote of approval of the boards
of directors of the charter schools involved in such an arrangement. The boards of directors
involved in such arrangements must send notice of this arrangement to authorizers upon
approval by the boards.
new text end
new text begin
(g) No charter school administrator may serve on the board of directors of another charter
school.
new text end
Minnesota Statutes 2022, section 124E.14, is amended to read:
(a) No member of the board of directors, employee, officer, or agent of a charter school
shall participate in selecting, awarding, or administering a contract if a conflict of interest
exists. A conflict exists when:
(1) the board member, employee, officer, or agent;
(2) the immediate family of the board member, employee, officer, or agent;
(3) the partner of the board member, employee, officer, or agent; or
(4) an organization that employs, or is about to employ any individual in clauses (1) to
(3),
has a financial or other interest in the entity with which the charter school is contracting. A
violation of this prohibition renders the contract void.
(b) The conflict of interest provisions under this section do not apply to compensation
paid to a teacher employed as a teacher by the charter school or a teacher who provides
instructional services to the charter school through a cooperative formed under chapter
308A when the teacher also serves on the charter school board of directors.
(c) A charter school board member, employee, or officer is a local official for purposes
of section 471.895 with regard to receipt of gifts as defined under section 10A.071,
subdivision 1, paragraph (b). A board member, employee, or officer must not receive
compensation from a group health insurance provider.
new text begin
(d) No charter school employee or board member may serve on the board or
decision-making committee of the school's authorizer. An employee or school board member
must disclose to the school's board of directors any paid compensation they receive from
the school's authorizer.
new text end
Minnesota Statutes 2023 Supplement, section 124E.16, subdivision 1, is amended
to read:
(a) A charter school is subject to the same financial audits,
audit procedures, and audit requirements as a district, except as required under this
subdivision. Audits must be conducted in compliance with generally accepted governmental
auditing standards, the federal Single Audit Act, if applicable, and section 6.65 governing
auditing procedures. deleted text begin A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06 governing government property
and financial investments; and sections 471.38; 471.391; 471.392; and 471.425 governing
municipal contracting.deleted text end The audit must comply with the requirements of sections 123B.75
to 123B.83 governing school district finance, except when the commissioner and authorizer
approve a deviation made necessary because of school program finances. The commissioner,
state auditor, legislative auditor, or authorizer may conduct financial, program, or compliance
audits. A charter school in statutory operating debt under sections 123B.81 to 123B.83 must
submit a plan under section 123B.81, subdivision 4.
(b) The charter school must submit an audit report to the commissioner and its authorizer
annually by December 31.
(c) The charter school, with the assistance of the auditor conducting the audit, must
include with the report, as supplemental information: (1) a copy of a new management
agreement or an amendment to a current agreement with a CMO or EMO signed during the
audit year; and (2) a copy of a service agreement or contract with a company or individual
totaling over five percent of the audited expenditures for the most recent audit year. The
agreements must detail the terms of the agreement, including the services provided and the
annual costs for those services.
(d) A charter school independent audit report shall include audited financial data of an
affiliated building corporation under section 124E.13, subdivision 3, or other component
unit.
(e) If the audit report finds that a material weakness exists in the financial reporting
systems of a charter school, the charter school must submit a written report to the
commissioner explaining how the charter school will resolve that material weakness. An
auditor, as a condition of providing financial services to a charter school, must agree to
make available information about a charter school's financial audit to the commissioner and
authorizer upon request.
Minnesota Statutes 2022, section 124E.17, is amended to read:
(a) Charter schools must disseminate
information about deleted text begin how to use the charter school offerings to targeted groups, among others.
Targeted groups include low-income families and communities, students of color, and
students who are at risk of academic failure.deleted text end new text begin the school's offerings and enrollment procedures
to families that reflect the diversity of Minnesota's population and targeted groups. Targeted
groups include low-income families and communities, students of color, students at risk of
academic failure, and students underrepresented in the school's student body relative to
Minnesota's population. The school must document its dissemination activities in the school's
annual report. The school's dissemination activities must be a component of the authorizer's
performance review of the school.
new text end
(b) Authorizers and the commissioner must disseminate information to the public on
how to form and operate a charter school. Authorizers, operators, and the commissioner
also may disseminate information to interested stakeholders about the successful best
practices in teaching and learning demonstrated by charter schools.
new text begin (a)new text end Upon request of an individual, the charter school
must make available in a timely fashion financial statements showing all operations and
transactions affecting the school's income, surplus, and deficit during the last annual
accounting period; and a balance sheet summarizing assets and liabilities on the closing
date of the accounting period. deleted text begin A charter school also must include that same information
about its authorizer in other school materials that it makes available to the public.
deleted text end
new text begin
(b) Upon request of an individual, an authorizer must make available in a timely fashion
financial statements showing all operations and transactions affecting the authorizer's income,
surplus, and deficit during the last annual accounting period, and a balance sheet summarizing
assets and liabilities on the closing date of the accounting period.
new text end
Minnesota Statutes 2022, section 124E.26, is amended to read:
A charter school may not use state money to
purchase land or buildings. The charter school may own land and buildings if obtained
through nonstate sources.
new text begin
Prior to the expenditure of any state funds, a
charter school must adopt a procurement policy consistent with subdivision 4.
new text end
new text begin
All purchases using state funds must be made consistent with
the procurement policy adopted under subdivision 2.
new text end
new text begin
A charter school procurement policy must at a
minimum include:
new text end
new text begin
(1) conflict of interest provisions consistent with section 124E.14;
new text end
new text begin
(2) thresholds for purchases by employees without board approval;
new text end
new text begin
(3) a requirement to use a competitive bidding process for a purchase that is $25,000 or
more; and
new text end
new text begin
(4) a prohibition on breaking up a procurement into smaller components to avoid the
thresholds established in clauses (2) and (3).
new text end
new text begin
If a charter school makes a purchase without a procurement
policy adopted by the school's board or makes a purchase not in conformity with the school's
procurement policy, the commissioner may reduce that charter school's state aid in an amount
equal to the purchase.
new text end
new text begin
A charter school is subject
to and must comply with sections 15.054 and 118A.01 to 118A.06 governing government
property and financial investments and sections 471.38, 471.391, 471.392, and 471.425
governing municipal contracting.
new text end
Minnesota Statutes 2023 Supplement, section 124D.111, subdivision 2a, is
amended to read:
(a) The commissioner must post on the department's
website eligibility criteria and application information for nonprofit organizations interested
in applying to the commissioner for approval as a multisite sponsoring organization under
the federal child and adult care food program and federal summer food service program.
The posted criteria and information must inform interested nonprofit organizations about:
(1) the criteria the commissioner uses to approve or disapprove an application, including
how an applicant demonstrates financial viability for the Minnesota program, among other
criteria;
(2) the commissioner's process and time line for notifying an applicant when its
application is approved or disapproved and, if the application is disapproved, the explanation
the commissioner provides to the applicant; and
(3) any appeal or other recourse available to a disapproved applicant.
(b) The commissioner must evaluate financial eligibility as part of the application process.
An organization applying to be a prospective deleted text begin sponsordeleted text end new text begin nonprofit multisite sponsoring
organizationnew text end for the federal child and adult new text begin care new text end food deleted text begin caredeleted text end program or the federal summer
food service program must provide documentation of financial viability as an organization.
Documentation must include:
(1) evidence that the organization has operated for at least one year and has filed at least
one tax return;
(2) the most recent tax return submitted by the organization and corresponding forms
and financial statements;
(3) a profit and loss statement and balance sheet or similar financial information; and
(4) evidence that at least ten percent of the organization's operating revenue comes from
sources other than the United States Department of Agriculture child nutrition program and
that the organization has additional funds or a performance bond available to cover at least
one month of reimbursement claims.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Notwithstanding Minnesota Rules, part 3530.1000, item A, beginning April 1, 2024,
the Metropolitan Library Service Agency may employ an executive director who does not
hold a master's degree in library science.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 120B.21, is amended to read:
new text begin (a) new text end School districts and charter schools are encouraged to provide mental health instruction
for students in grades 4 through 12 aligned with local health standards and integrated into
existing programs, curriculum, or the general school environment of a district or charter
school. The commissioner, in consultation with the commissioner of human services,
commissioner of health, and mental health organizations, must, by July 1, 2020, and July
1 of each even-numbered year thereafter, provide districts and charter schools with resources
gathered by Minnesota mental health advocates, including:
(1) age-appropriate model learning activities for grades 4 through 12 that encompass
the mental health components of the National Health Education Standards and the
benchmarks developed by the department's quality teaching network in health and best
practices in mental health education; and
(2) a directory of resources for planning and implementing age-appropriate mental health
curriculum and instruction in grades 4 through 12 that includes resources on suicide and
self-harm prevention. A district or charter school providing instruction or presentations on
preventing suicide or self-harm must use either the resources provided by the commissioner
or other evidence-based instruction.
new text begin
(b) Starting in the 2026-2027 school year, school districts and charter schools must
provide mental health instruction in accordance with paragraph (a).
new text end
new text begin
(a) The commissioner of education must, using existing resources, develop a model
notice that districts or schools can provide to students and parents or guardians about the
legal, social, behavioral, and mental health implications of and impact to students and student
families regarding the dissemination of private sexual images as specified in section 617.261.
The commissioner may consult with the commissioner of health and the Office of the
Attorney General to develop the model notice.
new text end
new text begin
(b) A district or school may provide a copy of the notice developed under paragraph (a)
to students and parents or guardians.
new text end
new text begin
(a) Beginning October 1, 2024, to the extent space is available, a school district or charter
school must provide an enrolled secondary school student with access during regular school
hours, and to the extent staff is available, before or after the school day on days when
students receive instruction at school, to space at the school site that a student may use to
receive mental health care through telehealth from a student's licensed mental health provider.
A secondary school must develop a plan with procedures to receive requests for access to
the space.
new text end
new text begin
(b) The space must provide a student privacy to receive mental health care.
new text end
new text begin
(c) A student may use a school-issued device to receive mental health care through
telehealth if such use is consistent with the district or school policy governing acceptable
use of the school-issued device.
new text end
new text begin
(d) A school may require a student requesting access to space under this section to submit
to the school a signed and dated consent from the student's parent or guardian, or from the
student if the student is age 16 or older, authorizing the student's licensed mental health
provider to release information from the student's health record that is requested by the
school to confirm the student is currently receiving mental health care from the provider.
Such a consent is valid for the school year in which it is submitted.
new text end
new text begin
This section is effective for the 2024-2025 school year and later.
new text end
Minnesota Statutes 2022, section 121A.22, subdivision 2, is amended to read:
In addition, this section does not apply to drugs or medicine that
are:
(1) purchased without a prescription;
(2) used by a pupil who is 18 years old or older;
(3) used in connection with services for which a minor may give effective consent,
including section 144.343, subdivision 1, and any other law;
(4) used in situations in which, in the judgment of the school personnelnew text begin , including a
licensed nurse,new text end who are present or available, the risk to the pupil's life or health is of such
a nature that drugs or medicine should be given without delay;
(5) used off the school grounds;
(6) used in connection with athletics or extra curricular activities;
(7) used in connection with activities that occur before or after the regular school day;
(8) provided or administered by a public health agency to prevent or control an illness
or a disease outbreak as provided for in sections 144.05 and 144.12;
(9) prescription asthma or reactive airway disease medications self-administered by a
pupil with an asthma inhaler, consistent with section 121A.221, if the district has received
a written authorization from the pupil's parent permitting the pupil to self-administer the
medication, the inhaler is properly labeled for that student, and the parent has not requested
school personnel to administer the medication to the pupil. The parent must submit written
authorization for the pupil to self-administer the medication each school year; or
(10) epinephrine auto-injectors, consistent with section 121A.2205, if the parent and
prescribing medical professional annually inform the pupil's school in writing that (i) the
pupil may possess the epinephrine or (ii) the pupil is unable to possess the epinephrine and
requires immediate access to epinephrine auto-injectors that the parent provides properly
labeled to the school for the pupil as needed.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 121A.22, subdivision 4, is amended to read:
Drugs and medicine subject to this section must be administered
in a manner consistent with instructions on the label. Drugs and medicine subject to this
section must be administered, to the extent possible, according to school board procedures
that must be developed in consultation:
(1) with a deleted text begin schooldeleted text end new text begin licensednew text end nurse, in a district that employs a deleted text begin schooldeleted text end new text begin licensednew text end nursenew text begin under
section 148.171new text end ;
(2) with a licensed school nurse, in a district that employs a licensed school nursenew text begin licensed
under Minnesota Rules, part 8710.6100new text end ;
(3) with a public or private health or health-related organization, in a district that contracts
with a public or private health or health-related organization, according to section 121A.21;
or
(4) with the appropriate party, in a district that has an arrangement approved by the
commissioner of education, according to section 121A.21.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 121A.2207, subdivision 1, is amended to read:
new text begin (a) new text end Notwithstanding
section 151.37, districts and schools may obtain and possess epinephrine auto-injectors to
be maintained and administered by school personnelnew text begin , including a licensed nurse,new text end to a student
or other individual if, in good faith, it is determined that person is experiencing anaphylaxis
regardless of whether the student or other individual has a prescription for an epinephrine
auto-injector. The administration of an epinephrine auto-injector in accordance with this
section is not the practice of medicine.
new text begin
(b) Registered nurses may administer epinephrine auto-injectors in a school setting
according to a condition-specific protocol as authorized under section 148.235, subdivision
8. Notwithstanding any limitation in sections 148.171 to 148.285, licensed practical nurses
may administer epinephrine auto-injectors in a school setting according to a condition-specific
protocol that does not reference a specific patient and that specifies the circumstances under
which the epinephrine auto-injector is to be administered, when caring for a patient whose
condition falls within the protocol.
new text end
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 260E.14, subdivision 1, is amended to read:
(a) The local welfare agency is the agency
responsible for investigating allegations of maltreatment in child foster care, family child
care, legally nonlicensed child care, and reports involving children served by an unlicensed
personal care provider organization under section 256B.0659. Copies of findings related to
personal care provider organizations under section 256B.0659 must be forwarded to the
Department of Human Services provider enrollment.
(b) The Department of Human Services is the agency responsible for screening and
investigating allegations of maltreatment in juvenile correctional facilities listed under
section 241.021 located in the local welfare agency's county and in facilities licensed or
certified under chapters 245A, 245D, and 245H, except for child foster care and family
child care.
(c) The Department of Health is the agency responsible for screening and investigating
allegations of maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43
to 144A.482 or chapter 144H.
(d) The Department of Education is the agency responsible for screening and investigating
allegations of maltreatment in a school as defined in section 120A.05, subdivisions 9, 11,
and 13, and chapter 124E. The Department of Education's responsibility to screen and
investigate includes allegations of maltreatment involving students 18 deleted text begin todeleted text end new text begin throughnew text end 21 years
of age, including students receiving special education services, up to and including graduation
and the issuance of a secondary or high school diploma.
(e) A health or corrections agency receiving a report may request the local welfare agency
to provide assistance pursuant to this section and sections 260E.20 and 260E.22.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 120B.117, subdivision 4, is
amended to read:
deleted text begin Beginning in 2024 and every even-numbered year thereafter,deleted text end The
Professional Educator Licensing and Standards Board must collaborate with the Department
of Education and the Office of Higher Education to publish a summary report of each of
the programs they administer and any other programs receiving state appropriations that
have or include an explicit purpose of increasing the racial and ethnic diversity of the state's
teacher workforce to more closely reflect the diversity of students. The report must include
programs under sections 122A.59, 122A.63, 122A.635, 122A.70, 122A.73, 124D.09,
124D.861, 136A.1274, 136A.1276, and 136A.1791, along with any other programs or
initiatives that receive state appropriations to address the shortage of teachers of color and
American Indian teachers. The board must, in coordination with the Office of Higher
Education and Department of Education, provide policy and funding recommendations
related to state-funded programs to increase the recruitment, preparation, licensing, hiring,
and retention of racially and ethnically diverse teachers and the state's progress toward
meeting or exceeding the goals of this section. The report must include recommendations
for state policy and funding needed to achieve the goals of this section, plans for sharing
the report and activities of grant recipients, and opportunities among grant recipients of
various programs to share effective practices with each other. The deleted text begin 2024deleted text end new text begin initialnew text end report mustnew text begin
alsonew text end include a recommendation of whether a state advisory council should be established
to address the shortage of racially and ethnically diverse teachers and what the composition
and charge of such an advisory council would be if established. The board must consult
with the Indian Affairs Council and other ethnic councils along with other community
partners, including students of color and American Indian students, in developing the report.
deleted text begin By November 3 of each odd-numbered year,deleted text end The board must submit the report to the chairs
and ranking minority members of the legislative committees with jurisdiction over education
and higher education policy and financenew text begin by November 3, 2025, for the initial report, and
by November 3 each even-numbered year thereafternew text end . The report must be available to the
public on the board's website.
Minnesota Statutes 2022, section 120B.13, subdivision 4, is amended to read:
new text begin (a) new text end The
commissioner shall submit the following information on rigorous course taking, disaggregated
by student subgroup, school district, and postsecondary institution, to the education
committees of the legislature new text begin by July 1, 2025, and new text end each new text begin subsequent new text end year by deleted text begin Februarydeleted text end new text begin Julynew text end
1:
(1) the number of pupils enrolled in postsecondary enrollment options under section
124D.09, including concurrent enrollment, career and technical education courses offered
as a concurrent enrollment course, advanced placement, and international baccalaureate
courses in each school district;
(2) the number of teachers in each district attending training programs offered by the
college board, International Baccalaureate North America, Inc., or Minnesota concurrent
enrollment programs;
(3) the number of teachers in each district participating in support programs;
(4) recent trends in the field of postsecondary enrollment options under section 124D.09,
including concurrent enrollment, advanced placement, and international baccalaureate
programs;
(5) expenditures for each category in this section and under sections 124D.09 and
124D.091, including career and technical education courses offered as a concurrent
enrollment course; and
(6) other recommendations for the state program or the postsecondary enrollment options
under section 124D.09, including concurrent enrollment.
new text begin
(b) The commissioner must include data from the 2022-2023 and 2023-2024 school
years in the report due on July 1, 2025.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 121A.20, subdivision 2, is amended
to read:
For purposes of this section, "health services specialist" means a
professional registered nurse who:
(1) is licensed as a public health nurse in Minnesota;
(2) is licensed as a school nurse in Minnesota;
(3) has a minimum of three years of experience in school nursing services or as a public
health nurse serving schools;new text begin and
new text end
(4) has experience in managing a districtwide health policydeleted text begin , overseeing a budget, and
supervising personnel; anddeleted text end new text begin .
new text end
deleted text begin
(5) has a graduate degree in nursing, public health, education, or a related field.
deleted text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 122A.091, subdivision 5, is amended to read:
deleted text begin (a)deleted text end The Professional Educator
Licensing and Standards Board must deleted text begin survey the state's school districts and teacher preparation
programs anddeleted text end new text begin submit anew text end report to the education committees of the legislature by deleted text begin February 1,
2019, and each odd-numbereddeleted text end new text begin November 1, 2025, and November 1 of each even-numberednew text end
year thereafter, on the deleted text begin status of teacher earlydeleted text end new text begin supply and demand of teachers. The report
must be made available on the board's website. The report must include data regarding:
new text end
new text begin (1)new text end retirement patternsdeleted text begin , the access to effective and more diverse teachers who reflect the
students under section 120B.35, subdivision 3, paragraph (b), clause (2), enrolled in a district
or school,deleted text end new text begin ;
new text end
new text begin
(2) teacher licensure;
new text end
new text begin
(3) teacher diversity, including whether the state's teacher workforce reflects the diversity
of the state's student population;
new text end
new text begin (4) new text end the teacher shortage, and the substitute teacher shortage, including patterns and
shortages in licensure field areas and the economic development regions of the statedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(5) survey data from school districts and teacher preparation programs; and
new text end
deleted text begin
(b) The report must also include:
deleted text end
deleted text begin
(1) aggregate data on teachers' self-reported race and ethnicity;
deleted text end
deleted text begin (2) data on howdeleted text end new text begin (6) whethernew text end districts are making progress in hiring teachers and substitute
teachers in the areas of shortagedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(3) a five-year projection of teacher demand for each district, taking into account the
students under section 120B.35, subdivision 3, paragraph (b), clause (2), expected to enroll
in the district during that five-year period.
deleted text end
Minnesota Statutes 2023 Supplement, section 122A.18, subdivision 1, is amended
to read:
(a) The Professional Educator Licensing and
Standards Board must issue the following teacher licenses to applicants who meet the
qualifications prescribed by this chapter:
(1) Tier 1 license under section 122A.181;
(2) Tier 2 license under section 122A.182;
(3) Tier 3 license under section 122A.183; and
(4) Tier 4 license under section 122A.184.
(b) The Board of School Administrators must license supervisory personnel as defined
in section 122A.15, subdivision 2, except for athletic coaches.
(c) The Professional Educator Licensing and Standards Board and the Department of
Education must enter into a data sharing agreement to share:
(1) educational data at the E-12 level for the limited purpose of program approval and
improvement for teacher education programs. The program approval process must include
targeted redesign of teacher preparation programs to address identified E-12 student areas
of concern; and
(2) data in the staff automated reporting system for the limited purpose of managing and
processing funding to school districts and other entities.new text begin The board has authority to collect
nonlicensed staff data on behalf of the Department of Education, which is responsible for
managing the nonlicensed staff data.
new text end
(d) The Board of School Administrators and the Department of Education must enter
into a data sharing agreement to share educational data at the E-12 level for the limited
purpose of program approval and improvement for education administration programs. The
program approval process must include targeted redesign of education administration
preparation programs to address identified E-12 student areas of concern.
(e) For purposes of the data sharing agreements under paragraphs (c) and (d), the
Professional Educator Licensing and Standards Board, Board of School Administrators,
and Department of Education may share private data, as defined in section 13.02, subdivision
12, on teachers and school administrators. The data sharing agreements must not include
educational data, as defined in section 13.32, subdivision 1, but may include summary data,
as defined in section 13.02, subdivision 19, derived from educational data.
Minnesota Statutes 2022, section 127A.70, subdivision 1, is amended to read:
(a) A P-20 education partnership is
established to create a seamless system of education that maximizes achievements of all
students, from early childhood through elementary, secondary, and postsecondary education,
while promoting the efficient use of financial and human resources. The partnership shall
consist of major statewide educational groups or constituencies or noneducational statewide
organizations with a stated interest in P-20 education. The initial membership of the
partnership includes the members serving on the Minnesota P-16 Education Partnership
and four legislators appointed as follows:
(1) one senator from the majority party and one senator from the minority party, appointed
by the Subcommittee on Committees of the Committee on Rules and Administration; and
(2) one member of the house of representatives appointed by the speaker of the house
and one member appointed by the minority leader of the house of representatives.
(b) The chair of the P-16 education partnership must convene the first meeting of the
P-20 partnership. Prospective members may be nominated by any partnership member and
new members will be added with the approval of a two-thirds majority of the partnership.
The partnership will also seek input from nonmember organizations whose expertise can
help inform the partnership's work.
(c) Partnership members shall be represented by the chief executives, presidents, or other
formally designated leaders of their respective organizations, or their designees. The
partnership shall meet at least three times during each calendar year.
deleted text begin
(d) The P-20 education partnership shall be the state council for the Interstate Compact
on Educational Opportunity for Military Children under section 127A.85 with the
commissioner or commissioner's designee serving as the compact commissioner responsible
for the administration and management of the state's participation in the compact. When
conducting business required under section 127A.85, the P-20 partnership shall include a
representative from a military installation appointed by the adjutant general of the Minnesota
National Guard.
deleted text end
new text begin
(a) A Military Interstate Children's Compact
State Council is established to provide for the coordination among state agencies, local
education agencies, and military installations concerning the state's participation in, and
compliance with the Interstate Compact on Educational Opportunity for Military Children
established in section 127A.85, otherwise known as the Military Interstate Children's
Compact, and Interstate Commission activities.
new text end
new text begin
(b) Council membership must include at least:
new text end
new text begin
(1) the commissioner;
new text end
new text begin
(2) a superintendent, appointed by the commissioner, of a school district or charter school
with a high concentration of military children;
new text end
new text begin
(3) a representative from a military installation appointed by the adjutant general;
new text end
new text begin
(4) one member of the house of representatives appointed by the speaker of the house;
new text end
new text begin
(5) one senator appointed by the Subcommittee on Committees of the Committee on
Rules and Administration; and
new text end
new text begin
(6) other offices and stakeholder groups the council deems appropriate.
new text end
new text begin
If the commissioner determines there is not a school district deemed to contain a high
concentration of military children, the commissioner may appoint a superintendent from
another school district to represent local education agencies on the council.
new text end
new text begin
(c) The council must appoint or designate a military family education liaison to assist
military families and the state in facilitating the implementation of section 127A.85.
new text end
new text begin
(d) The compact commissioner responsible for the administration and management of
the state's participation in the compact must be appointed by the commissioner.
new text end
new text begin
(e) The compact commissioner and the military family education liaison designated
herein shall be ex officio members of the council, unless either is already a full voting
member of the council.
new text end
new text begin
(f) Members of the council serve without compensation or payment of expenses.
new text end
new text begin
(a) The council may develop recommendations to
the governor and the legislature designed to facilitate successful educational transitions for
children of military families under the compact.
new text end
new text begin
(b) The commissioner must schedule and hold a meeting of the council no less than once
per state fiscal year.
new text end
new text begin
(c) The council must produce meeting agendas that are made publicly available before
each meeting and maintain meeting minutes that are made publicly available once they are
approved by the council.
new text end
new text begin
(d) By January 15 of each odd-numbered year, the council shall submit a report to the
governor and to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over kindergarten through grade 12 education policy and finance
and military affairs that summarizes the council's progress in meeting its goals and identifies
the need for any draft legislation to facilitate successful educational transitions for children
of military families.
new text end
new text begin
(a) Notwithstanding section 127A.85, article III, and for the purposes of intrastate student
transfers between Minnesota local education agencies, the provisions of the Interstate
Compact on Educational Opportunity for Military Children in section 127A.85 apply to
minor dependent children of members of the active and activated reserve components of
the uniformed services, including but not limited to members of the Minnesota Army
National Guard and the Minnesota Air National Guard.
new text end
new text begin
(b) This section does not apply to interstate transfers between Minnesota local education
agencies and public or private schools in other states.
new text end
new text begin
(c) For the purposes of this section, the words defined in section 127A.85, article II,
have the same meanings.
new text end
new text begin
For purposes of this section, "military-connected student"
means a student who has an immediate family member, including a parent or sibling, who:
(1) is currently a member of the armed forces serving as either a reservist or on active duty
in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard; (2) is currently
serving in the National Guard; (3) has recently retired from the armed forces; or (4) is the
dependent of a member of the armed forces who was killed in the line of duty.
new text end
new text begin
(a) The commissioner of education may designate a school
as a Purple Star School if the school:
new text end
new text begin
(1) has a designated staff member serving as a military liaison whose duties include:
new text end
new text begin
(i) identifying military-connected students enrolled at the school;
new text end
new text begin
(ii) serving as the point of contact between the school and military-connected students
and families;
new text end
new text begin
(iii) determining appropriate school services available to military-connected students;
and
new text end
new text begin
(iv) assisting in coordinating school programs relevant to military-connected students;
new text end
new text begin
(2) maintains easily accessible information on the school website that includes resources
for military-connected students and families, including information regarding:
new text end
new text begin
(i) student relocation, student enrollment, student registration, and transfer of school
records;
new text end
new text begin
(ii) academic planning, course offerings, and advanced classes available at the school;
new text end
new text begin
(iii) counseling and other support services available for military-connected students
enrolled at the school; and
new text end
new text begin
(iv) the designated military liaison under clause (1);
new text end
new text begin
(3) offers a transition program led by students, where appropriate, that assists
military-connected students in transitioning into the school;
new text end
new text begin
(4) offers professional development opportunities for staff members on issues related
to military-connected students; and
new text end
new text begin
(5) offers at least one of the following:
new text end
new text begin
(i) a resolution showing support for military-connected students and families;
new text end
new text begin
(ii) recognition of the Month of the Military Child or Military Family Month with relevant
events hosted by the school; or
new text end
new text begin
(iii) a partnership with a local military installation that provides opportunities for active
duty military members to volunteer at the school, speak at an assembly, or host a field trip.
new text end
new text begin
(b) The commissioner must establish a process for schools to seek Purple Star School
designation by July 1, 2026. The commissioner may award Purple Star School designations
starting in the 2026-2027 school year, and on an ongoing basis as schools meet qualifications
for the designation.
new text end
Repealed Minnesota Statutes: UES3567-1
Each school year, all school districts shall give a uniform statewide test to students at specified grades to provide information on the status, needs and performance of Minnesota students.
An employee who discloses information to the commissioner or a parent or guardian about service disruptions or technical interruptions related to administering assessments under this section is protected under section 181.932, governing disclosure of information by employees.
School districts may make available upon request appropriate and timely remedial assistance that includes a formal diagnostic component to those persons employed by the district who did not achieve a qualifying score on a board-adopted skills examination, and who received a Tier 1, Tier 2, or Tier 3 license under section 122A.181, 122A.182, or 122A.183, respectively, to teach in Minnesota.
(a) An approved alternative teacher preparation provider must report to the Professional Educator Licensing and Standards Board on items that are defined in statute regarding program candidates, completion, and effectiveness or other items that are required under section 122A.09.
(b) The Professional Educator Licensing and Standards Board must submit a biennial report on the alternative teacher preparation program and providers to legislative committees having jurisdiction over kindergarten through grade 12 education policy and finance by January 15 of each odd-numbered year.