Minnesota Legislature
SF 3567
2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/19/2024 09:40am
Current Version - 2nd Engrossment
2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23
2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19
3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2
5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8
6.9 6.10 6.11 6.12
6.13 6.14
6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9
7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17
7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33
8.34
9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16
9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19
11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13
12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35
17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13
17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 18.1 18.2
18.3 18.4 18.5 18.6 18.7
18.8
18.9 18.10 18.11 18.12 18.13 18.14
18.15
18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23
18.24 18.25 18.26 18.27 18.28 18.29 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9
19.10 19.11 19.12 19.13 19.14 19.15
19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21
21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25
23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14
24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25
25.26 25.27 25.28 25.29 25.30 25.31 25.32 26.1 26.2 26.3
26.4
26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12
26.13
26.14 26.15 26.16 26.17 26.18 26.19
26.20 26.21 26.22 26.23 26.24
26.25
26.26 26.27 26.28 26.29 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16
28.17
28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25
28.26 28.27 28.28 28.29 28.30 29.1 29.2
29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24
29.25 29.26 29.27 29.28 29.29 29.30 29.31 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17
30.18 30.19
30.20 30.21
30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17
31.18
31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8
32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11
33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24
33.25 33.26 33.27 33.28 33.29 33.30 34.1 34.2 34.3 34.4 34.5 34.6
34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19
34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 35.1 35.2 35.3 35.4 35.5 35.6
35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22
35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17
36.18 36.19 36.20 36.21 36.22 36.23 36.24
36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32
37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24
39.25
39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14
42.15
42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25
42.26 42.27 42.28 42.29 42.30 42.31 42.32 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20
43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 44.1 44.2 44.3
44.4 44.5 44.6
44.7 44.8
44.9 44.10 44.11 44.12
44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21
44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29
45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8
45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15
46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27
47.28 47.29 47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10
48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14
49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 51.1 51.2 51.3 51.4 51.5 51.6 51.7
51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15
51.16 51.17 51.18 51.19 51.20
51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11
52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27
52.28 52.29 52.30 52.31 52.32 53.1 53.2 53.3
53.4 53.5
53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13
53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 56.1 56.2
56.3
56.4 56.5 56.6
56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22
56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31
57.32
58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20
58.21 58.22
58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 59.1 59.2 59.3 59.4 59.5 59.6 59.7
59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14
60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10
61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5 62.6
62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28
62.29 62.30 62.31 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 64.1 64.2 64.3 64.4 64.5 64.6
64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12
65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 66.1 66.2 66.3 66.4
66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4 67.5 67.6
67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 72.1 72.2
72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18
72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23
73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13
74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 76.1 76.2 76.3 76.4 76.5 76.6 76.7
76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26
76.27 76.28 76.29 76.30 76.31 76.32 76.33 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21
78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14
79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14
80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 81.1 81.2 81.3 81.4
81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30
82.1 82.2
82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31
83.1 83.2 83.3 83.4
83.5
83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 84.1 84.2 84.3 84.4 84.5 84.6
84.7 84.8
84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14
85.15
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85.26
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86.1
86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12
86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 87.1 87.2 87.3 87.4
87.5
87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31
88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14
88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29
88.30
89.1 89.2 89.3
89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16
89.17
89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11
90.12
90.13 90.14 90.15 90.16 90.17 90.18 90.19
90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11
91.12 91.13
91.14 91.15 91.16 91.17 91.18 91.19 91.20
91.21 91.22 91.23 91.24 91.25
91.26 91.27 91.28 91.29 91.30 91.31 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 95.34 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18
97.19
97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21
98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16
99.17 99.18 99.19 99.20 99.21
99.22
99.23 99.24
99.25
100.1 100.2
100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30
101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11
102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23
A bill for an act
relating to education; modifying provisions for prekindergarten through grade 12
education including general education, education excellence, teachers, Read Act,
special education, charter schools, nutrition and libraries, health and safety, early
learning, and education partnerships and compacts; requiring reports; amending
Minnesota Statutes 2022, sections 120A.05, subdivision 10a, by adding a
subdivision; 120A.22, subdivision 12; 120A.35; 120B.022, subdivisions 1a, 1b;
120B.11, as amended; 120B.13, subdivision 4; 120B.234, subdivisions 1, 2;
121A.22, subdivisions 2, 4; 121A.2207, subdivision 1; 121A.41, subdivision 8;
122A.091, subdivision 5; 122A.181, by adding a subdivision; 122A.182, by adding
a subdivision; 122A.185, subdivision 3; 122A.20, by adding a subdivision; 123B.09,
subdivision 10; 123B.37, subdivision 2; 124D.151, as amended; 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; 125A.02, subdivision 1a; 125A.27, subdivision 8; 125A.56, subdivision
1; 127A.70, subdivision 1; 128C.02, by adding a subdivision; 260E.14, subdivision
1; Minnesota Statutes 2023 Supplement, sections 13.32, subdivision 5; 120B.021,
subdivision 1; 120B.024, subdivision 1; 120B.1117; 120B.1118, subdivisions 7,
10, by adding a subdivision; 120B.117, subdivision 4; 120B.12, subdivisions 1,
2, 2a, 4, 4a; 120B.123, subdivisions 1, 2, 5; 120B.30, subdivisions 7, 12, by adding
a subdivision; 120B.302; 120B.305; 120B.31, subdivision 4; 120B.36, subdivision
1; 121A.041, subdivisions 2, 3; 121A.20, subdivision 2; 121A.642, by adding a
subdivision; 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, subdivision 5; 124D.094, subdivisions 2, 3; 124D.111,
subdivision 2a; 124D.165, subdivisions 2, 2a; 124D.42, subdivision 8; 124D.901,
subdivision 4; 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 120B;
121A; 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; Laws 2017, First Special Session chapter 5,
article 8, section 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1.
Minnesota Statutes 2023 Supplement, section 124D.09, subdivision 5, is
amended to read:
Subd. 5.
Authorization; notification.
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
Sec. 2.
Minnesota Statutes 2023 Supplement, section 124D.094, subdivision 2, is amended
to read:
Subd. 2.
Digital instruction.
(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.
Sec. 3.
Minnesota Statutes 2023 Supplement, section 124D.094, subdivision 3, is amended
to read:
Subd. 3.
Supplemental online courses.
(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
deleted text end
(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
new text end
new text begin
(4) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for paying any tuition or course fees.
new text end
(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.
Sec. 4.
Minnesota Statutes 2023 Supplement, section 126C.40, subdivision 6, is amended
to read:
Subd. 6.
Lease purchase; installment buys.
(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 deleted text begin determineddeleted text end new text begin approved
in the form and manner prescribednew text end 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 .
Sec. 5. new text begin REVISOR INSTRUCTION.
new text end
new text begin
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.
new text end
ARTICLE 2
EDUCATION EXCELLENCE
Section 1.
Minnesota Statutes 2023 Supplement, section 13.32, subdivision 5, is amended
to read:
Subd. 5.
Directory information.
(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.
new text begin
(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.
new text end
Sec. 2.
Minnesota Statutes 2022, section 120A.35, is amended to read:
120A.35 ABSENCE FROM SCHOOL FOR RELIGIOUS deleted text begin OBSERVANCEdeleted text end new text begin AND
CULTURAL OBSERVANCESnew text end .
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 .
Sec. 3.
Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 1, is amended
to read:
Subdivision 1.
Required academic standards.
(a) The following subject areas are
required for statewide accountability:
(1) language arts;
(2) 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.
deleted text begin
(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.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end A school district deleted text begin maydeleted text end new text begin mustnew text end include childnew text begin physical andnew text end sexual abuse prevention
instruction in a health curriculum, consistent with paragraph (a), clause (6). Childnew text begin physical
andnew text end sexual abuse prevention instruction deleted text begin maydeleted text end new text begin mustnew text end include deleted text begin age-appropriatedeleted text end new text begin multisession,
multimodal, culturally inclusive, developmentally appropriate, and culturally sensitivenew text end
instruction onnew text begin identifying emotional and physical child abuse and other forms of personal
violence;new text end recognizing sexual abuse and assault, boundary violations, and ways offenders
groom or desensitize victimsdeleted text begin ,deleted text end new text begin ;new text end 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 childnew text begin physical andnew text end
sexual abusenew text begin , the medical and emotional effects of child abuse,new text end and available resources.new text begin A
school district must train instructors on managing disclosures that may result during the
delivery of child physical and sexual abuse prevention instruction and develop a policy on
how to respond to the disclosures.
new text end
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.
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (c) is effective for the 2025-2026 school year and later.
new text end
Sec. 4.
Minnesota Statutes 2022, section 120B.022, subdivision 1a, is amended to read:
Subd. 1a.
deleted text begin Foreigndeleted text end new text begin Worldnew text end language and culture; proficiency certificates.
(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 the American Council
on the Teaching of Foreign Languages' new text begin overall new text end Intermediate-Low deleted text begin leveldeleted text end new text begin and Intermediate-Mid
levels of proficiency derived from assessment consisting of the domains of listening, reading,
speaking, and writing new text end on a valid and reliable assessment tool.
Sec. 5.
Minnesota Statutes 2022, section 120B.022, subdivision 1b, is amended to read:
Subd. 1b.
State bilingual and multilingual seals.
(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 an deleted text begin Advanced-Low level or an intermediate highdeleted text end new text begin overall Intermediate-High
and abovenew text end level of deleted text begin functionaldeleted text end proficiency deleted text begin in listening, speaking, reading, and writing on
eitherdeleted text end new text begin derived from assessment consisting of the domains of listening, reading, speaking,
and writingnew text end assessments new text begin either new text end aligned with American Council on the Teaching of Foreign
Languages' (ACTFL) proficiency guidelines or on equivalent valid and reliable assessments
in one or more languages in addition to English. 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 new text begin arenew 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 .
new text end
deleted text begin
(2) students must demonstrate mastery of Minnesota's English language proficiency
standards.
deleted text end
(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 consisting
of 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 consisting of 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 consisting of
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 consisting of 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 deleted text begin intermediate high or advanced-lowdeleted text end new text begin overall intermediate high and
abovenew 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 consisting of 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 those 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.
Sec. 6.
Minnesota Statutes 2023 Supplement, section 120B.024, subdivision 1, is amended
to read:
Subdivision 1.
Graduation requirements.
(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.
Sec. 7.
Minnesota Statutes 2022, section 120B.11, as amended by Laws 2023, chapter 55,
article 2, sections 9 to 11, is amended to read:
120B.11 SCHOOL DISTRICT PROCESS FOR REVIEWING CURRICULUM,
INSTRUCTION, AND STUDENT ACHIEVEMENTnew text begin GOALSnew text end ; STRIVING FOR deleted text begin THE
WORLD'S BEST WORKFORCEdeleted text end new text begin COMPREHENSIVE ACHIEVEMENT AND CIVIC
READINESSnew text end .
Subdivision 1.
Definitions.
For the purposes of this section and section 120B.10, the
following terms have the meanings given them.
(a) "Instruction" means methods of providing learning experiences that enable a student
to meet state and district academic standards and graduation requirements including applied
and experiential learning.
(b) "Curriculum" means district or school adopted programs and written plans for
providing students with learning experiences that lead to expected knowledge and skills
and career and college readiness.
(c) deleted text begin "World's best workforce"deleted text end new text begin "Comprehensive achievement and civic readiness"new text end means
striving to: meet school readiness goals; close the academic achievementnew text begin and opportunitynew text end
deleted text begin gapdeleted text end new text begin gapsnew text end 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; deleted text begin anddeleted text end have all students graduate from high
schoolnew text begin ; and prepare students to be lifelong learnersnew text end .
(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.
Subd. 1a.
Performance measures.
Measures to determine school district and school
site progress in striving deleted text begin to create the world's best workforcedeleted text end new text begin for comprehensive achievement
and civic readinessnew text end must include at least:
(1) the size of the academic achievementnew text begin and opportunitynew text end deleted text begin gapdeleted text end new text begin gapsnew text end , rigorous course
taking under section 120B.35, subdivision 3, paragraph (c), clause (2), and enrichment
experiences by student subgroup;
(2) student performance on the Minnesota Comprehensive Assessments;
(3) high school graduation rates; and
(4) career and college readiness under section 120B.307.
Subd. 2.
Adopting plans and budgets.
(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 deleted text begin the world's best workforcedeleted text end new text begin comprehensive achievement
and civic readinessnew text end 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 deleted text begin the world's best workforcedeleted text end new text begin comprehensive
achievement and civic readinessnew text end ;
(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; and
(8) identifying a list of suggested and required materials, resources, sample curricula,
and pedagogical skills for use in kindergarten through grade 12 that accurately reflect the
diversity of the state of Minnesota.
(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.
Subd. 3.
District advisory committee.
Each school board must establish an advisory
committee to ensure active community participation in all phases of planning and improving
the instruction and curriculum affecting state and district academic standards, consistent
with subdivision 2. A district advisory committee, to the extent possible, must reflect the
diversity of the district and its school sites, include teachers, parents, support staff, students,
and other community residents, and provide translation to the extent appropriate and
practicable. The district advisory committee must pursue community support to accelerate
the academic and native literacy and achievement of English learners with varied needs,
from young children to adults, consistent with section 124D.59, subdivisions 2 and 2a. The
district may establish site teams as subcommittees of the district advisory committee under
subdivision 4. The district advisory committee must recommend to the school board: rigorous
academic standards; student achievement goals and measures consistent with subdivision
1a and sections 120B.022, subdivisions 1a and 1b, and 120B.35; district assessments; means
to improve students' equitable access to effective and more diverse teachers; strategies to
ensure the curriculum is rigorous, accurate, antiracist, culturally sustaining, and reflects the
diversity of the student population; strategies to ensure that curriculum and learning and
work environments validate, affirm, embrace, and integrate the cultural and community
strengths of all racial and ethnic groups; and program evaluations. School sites may expand
upon district evaluations of instruction, curriculum, assessments, or programs. Whenever
possible, parents and other community residents must comprise at least two-thirds of advisory
committee members.
Subd. 4.
Site team.
A school must establish a site team to develop and implement
strategies and education effectiveness practices to improve instruction, curriculum, cultural
competencies, including cultural awareness and cross-cultural communication, and student
achievement at the school site, consistent with subdivision 2. The site team must include
an equal number of teachers and administrators and at least one parent. The site team advises
the board and the advisory committee about developing the annual budget and creates an
instruction and curriculum improvement plan to align curriculum, assessment of student
progress, and growth in meeting state and district academic standards and instruction.
Subd. 5.
Report.
Consistent with requirements for school performance reports under
section 120B.36, subdivision 1, the school board shall publish a report in the local newspaper
with the largest circulation in the district, by mail, or by electronic means on the district
website. The school board shall hold an annual public meeting to review, and revise where
appropriate, student achievement goals, local assessment outcomes, plans, strategies, and
practices for improving curriculum and instruction and cultural competency, and efforts to
equitably distribute diverse, effective, experienced, and in-field teachers, and to review
district success in realizing the previously adopted student achievement goals and related
benchmarks and the improvement plans leading to deleted text begin the world's best workforcedeleted text end new text begin comprehensive
achievement and civic readinessnew text end . The school board must transmit an electronic summary
of its report to the commissioner in the form and manner the commissioner determines.
Subd. 7.
Periodic report.
Each school district shall periodically survey affected
constituencies, in their native languages where appropriate and practicable, about their
connection to and level of satisfaction with school. The district shall include the results of
this evaluation in the summary report required under subdivision 5.
Subd. 9.
Annual evaluation.
(a) The commissioner must identify effective strategies,
practices, and use of resources by districts and school sites in striving for deleted text begin the world's best
workforcedeleted text end new text begin comprehensive achievement and civic readinessnew text end . The commissioner must assist
districts and sites throughout the state in implementing these effective strategies, practices,
and use of resources.
(b) The commissioner must identify those districts in any consecutive three-year period
not making sufficient progress toward improving teaching and learning for all students,
including English learners with varied needs, consistent with section 124D.59, subdivisions
2 and 2a, and striving for deleted text begin the world's best workforcedeleted text end new text begin comprehensive achievement and civic
readinessnew text end . The commissioner, in collaboration with the identified district, may require the
district to use up to two percent of its basic general education revenue per fiscal year during
the proximate three school years to implement commissioner-specified strategies and
practices, consistent with paragraph (a), to improve and accelerate its progress in realizing
its goals under this section. In implementing this section, the commissioner must consider
districts' budget constraints and legal obligations.
(c) The commissioner shall report by January 25 of each year to the committees of the
legislature having jurisdiction over kindergarten through grade 12 education the list of
school districts that have not submitted their report to the commissioner under subdivision
5 and the list of school districts not achieving their performance goals established in their
plan under subdivision 2.
Sec. 8.
Minnesota Statutes 2022, section 120B.11, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Language Access Plan. new text end
new text begin
(a) Starting in the 2025-2026 school year, during a
regularly scheduled public board hearing, a district must adopt 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 be available to the public and included in the parent and student handbook.
new text end
new text begin
(b) The language access plan must include information on:
new text end
new text begin
(1) 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
(2) how families and communities will be notified of their rights under this plan; and
new text end
new text begin
(3) a language access continuous improvement plan for leadership and staff.
new text end
Sec. 9.
Minnesota Statutes 2022, section 120B.13, subdivision 4, is amended to read:
Subd. 4.
Rigorous course taking information; AP, IB, and PSEO.
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.
Sec. 10.
Minnesota Statutes 2022, section 120B.234, subdivision 1, is amended to read:
Subdivision 1.
Purpose.
The purpose of this section, which may be cited as "Erin's
Law," is to deleted text begin encouragedeleted text end new text begin requirenew text end districts to integrate or offer instruction on child sexual abuse
prevention to students and training to all school personnel on recognizing and preventing
sexual abuse and sexual violence.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2025-2026 school year and later.
new text end
Sec. 11.
Minnesota Statutes 2022, section 120B.234, subdivision 2, is amended to read:
Subd. 2.
Curriculum.
School districts may consult with other federal, state, or local
agencies and community-based organizationsdeleted text begin , including the Child Welfare Information
Gateway website maintained by the United States Department of Health and Human Services,deleted text end
to identify research-based tools, curricula, and programs to prevent child sexual abuse for
use under section 120B.021, subdivision 1, paragraph deleted text begin (d)deleted text end new text begin (c)new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2025-2026 school year and later.
new text end
Sec. 12.
Minnesota Statutes 2023 Supplement, section 120B.30, subdivision 7, is amended
to read:
Subd. 7.
Assessments.
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.
Sec. 13.
Minnesota Statutes 2023 Supplement, section 120B.30, subdivision 12, is amended
to read:
Subd. 12.
Test administration.
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.
Sec. 14.
Minnesota Statutes 2023 Supplement, section 120B.30, is amended by adding a
subdivision to read:
new text begin Subd. 17. new text end
new text begin Retaliation prohibited. new text end
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
Sec. 15.
Minnesota Statutes 2023 Supplement, section 120B.302, is amended to read:
120B.302 GENERAL REQUIREMENTS; TEST DESIGN.
Subdivision 1.
Definitions.
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.
Subd. 2.
Comprehensive assessment system.
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
Subd. 3.
Aligned to academic standards.
deleted text begin
(a) The state assessment system must be
aligned to the most recent revision of academic standards as described in section 120B.023
in the following manner:
deleted 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 (a)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
(b) 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
Sec. 16.
Minnesota Statutes 2023 Supplement, section 120B.305, is amended to read:
120B.305 ASSESSMENT REPORTING REQUIREMENTS.
deleted text begin Subdivision 1. deleted text end
deleted text begin Reporting requirements. deleted text end
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
Subd. 2.
deleted text begin Computer adaptive assessmentsdeleted text end new text begin Reporting requirementsnew 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.
Subd. 3.
Public reporting.
(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; and
(4) state results from participation in the National Assessment of Educational Progress
so that the state can benchmark its performance against the nation and other states, and,
where possible, against other countries, and contribute to the national effort to monitor
achievement.
(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
Sec. 17.
Minnesota Statutes 2023 Supplement, section 120B.31, subdivision 4, is amended
to read:
Subd. 4.
Student performance data.
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.
Sec. 18.
Minnesota Statutes 2023 Supplement, section 120B.36, subdivision 1, is amended
to read:
Subdivision 1.
School performance reports and public reporting.
(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.
Sec. 19.
Minnesota Statutes 2023 Supplement, section 121A.041, subdivision 2, is amended
to read:
Subd. 2.
Prohibition on American Indian mascots.
(a) Starting September 1, deleted text begin 2025deleted text end new text begin
2026new text end , a public school may not have or adopt a name, symbol, or image that depicts or refers
to an American Indian Tribe, individual, custom, or tradition to be used as a mascot,
nickname, logo, letterhead, or team name of the school, district, or school within the district,
unless the school has obtained an exemption under subdivision 3.
(b) The prohibition in paragraph (a) does not apply to a public school located within the
reservation of a federally recognized Tribal Nation in Minnesota, where at least 95 percent
of students meet the state definition of American Indian student.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20.
Minnesota Statutes 2023 Supplement, section 121A.041, subdivision 3, is amended
to read:
Subd. 3.
Exemption.
A public school may seek an exemption to subdivision 2 by
submitting a request in writing to all 11 federally recognized Tribal Nations in Minnesota
and to the Tribal Nations Education Committee by September 1, 2023. The exemption is
denied if any of the 11 Tribal Nations or the Tribal Nations Education Committee oppose
the exemption by December 15, 2023. A public school whose request for an exemption is
denied must comply with subdivision 2 by September 1, deleted text begin 2025deleted text end new text begin 2026new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
new text begin
[121A.08] SMUDGING PERMITTED.
new text end
new text begin
An American Indian student or staff member may use tobacco, sage, sweetgrass, and
cedar to conduct individual or group smudging in a public school. The process for conducting
smudging is determined by the building or site administrator. Smudging must be conducted
under the direct supervision of an appropriate staff member, as determined by the building
or site administrator.
new text end
Sec. 22.
Minnesota Statutes 2023 Supplement, section 121A.642, is amended by adding
a subdivision to read:
new text begin Subd. 3. new text end
new text begin Consultation. new text end
new text begin
A school district or charter school must consult the exclusive
representative for employees receiving this training before creating or planning the training
required under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 23.
new text begin
[121A.80] STUDENT JOURNALISM; STUDENT EXPRESSION.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the 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 Subd. 2. new text end
new text begin Student journalists; protected conduct. 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 Subd. 3. new text end
new text begin Unprotected expression. 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 Subd. 4. new text end
new text begin Student journalist policy. new text end
new text begin
School districts and charter schools must adopt and
post on the district or charter school website a student journalist policy consistent with this
section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2024-2025 school year and later.
new text end
Sec. 24.
Minnesota Statutes 2022, section 123B.09, subdivision 10, is amended to read:
Subd. 10.
Publishing proceedings.
The board must cause its official proceedings to be
published once in the official newspaper of the districtnew text begin or official district websitenew text end . Such
publication shall be made within 30 days of the meeting at which such proceedings occurred.
If the board determines that publication of a summary of the proceedings would adequately
inform the public of the substance of the proceedings, the board may direct that only a
summary be published, conforming to the requirements of section 331A.01, subdivision
10.
Sec. 25.
Minnesota Statutes 2022, section 123B.37, subdivision 2, is amended to read:
Subd. 2.
Boards shall not withhold grades or diplomas for nonpayment of student
fees.
No pupil's rights or privileges, including the receipt of grades or diplomas may be
denied or abridged for nonpayment of fees; but this provision does not prohibit a district
from maintaining any action provided by law for the collection of fees authorized by sections
123B.36 and 123B.38.new text begin This provision applies to all Minnesota district school boards, charter
school boards, and Tribal contract schools.
new text end
Sec. 26.
Minnesota Statutes 2022, section 124D.60, subdivision 1, is amended to read:
Subdivision 1.
Notice.
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 deleted text begin the parent by maildeleted text end new text begin their
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.
Sec. 27.
Minnesota Statutes 2022, section 124D.61, is amended to read:
124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.
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.
Sec. 28. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 120B.31, subdivisions 2 and 6,
new text end
new text begin
are repealed.
new text end
ARTICLE 3
TEACHERS
Section 1.
Minnesota Statutes 2023 Supplement, section 120B.117, subdivision 4, is
amended to read:
Subd. 4.
Reporting.
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 must
new 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 finance new text begin by November 3, 2025, and each odd-numbered
year thereafternew text end . The report must be available to the public on the board's website.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2022, section 122A.091, subdivision 5, is amended to read:
Subd. 5.
deleted text begin Survey of districtsdeleted text end new text begin Supply and demand reportnew text end .
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 each odd-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
Sec. 3.
Minnesota Statutes 2023 Supplement, section 122A.18, subdivision 1, is amended
to read:
Subdivision 1.
Authority to license.
(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.
new text begin
(c) The Board of School Administrators is responsible for issuing licenses under its
jurisdiction after June 30, 2025.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end 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 said data.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end 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.
deleted text begin (e)deleted text end new text begin (f)new text end For purposes of the data sharing agreements under paragraphs deleted text begin (c)deleted text end new text begin (d)new text end and deleted text begin (d)deleted text end new text begin (e)new text end ,
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.
Sec. 4.
Minnesota Statutes 2022, section 122A.181, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Special education requirements. new text end
new text begin
The Professional Educator Licensing and
Standards Board must approve an application for a Tier 1 special education license 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 applicant receives 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 applicant participates in a program of intensive supervision that consists of
structured guidance and regular ongoing support for teachers or a teacher mentoring program;
new text end
new text begin
(4) the applicant assumes the functions as a teacher only for a specified period of time
not to exceed three years; and
new text end
new text begin
(5) the applicant demonstrates satisfactory progress toward professional licensure.
new text end
Sec. 5.
Minnesota Statutes 2023 Supplement, section 122A.181, subdivision 2, is amended
to read:
Subd. 2.
Professional requirements.
deleted text begin (a)deleted text end An applicant for a Tier 1 license new text begin described in
subdivision 1 or 1a new text end 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
Sec. 6.
Minnesota Statutes 2022, section 122A.182, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Special education requirements. new text end
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 applicant receives 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 applicant participates 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
Sec. 7.
Minnesota Statutes 2023 Supplement, section 122A.183, subdivision 2, is amended
to read:
Subd. 2.
Coursework.
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.
Sec. 8.
Minnesota Statutes 2023 Supplement, section 122A.184, subdivision 1, is amended
to read:
Subdivision 1.
Requirements.
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 :new text end new 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.
Sec. 9.
Minnesota Statutes 2023 Supplement, section 122A.185, subdivision 1, is amended
to read:
Subdivision 1.
Tests.
(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.
Sec. 10.
Minnesota Statutes 2022, section 122A.185, subdivision 3, is amended to read:
Subd. 3.
Testing accommodations.
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.
Sec. 11.
Minnesota Statutes 2022, section 122A.20, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Prohibition on teaching assignment. new text end
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
Sec. 12.
Minnesota Statutes 2023 Supplement, section 122A.40, subdivision 8, is amended
to read:
Subd. 8.
Development, evaluation, and peer coaching for continuing contract
teachers.
(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop a
teacher evaluation and peer review process for probationary and continuing contract teachers
through joint agreement. If a school board and the exclusive representative of the teachers
do not agree to an annual teacher evaluation and peer review process, then the school board
and the exclusive representative of the teachers must implement the state teacher evaluation
plan under paragraph (c). The process must include having trained observers serve as peer
coaches or having teachers participate in professional learning communities, consistent with
paragraph (b).
(b) To develop, improve, and support qualified teachers and effective teaching practices,
improve student learning and success, and provide all enrolled students in a district or school
with improved and equitable access to more effective and diverse teachers, the annual
evaluation process for teachers:
(1) must, for probationary teachers, provide for all evaluations required under subdivision
5;
(2) must establish a three-year professional review cycle for each teacher that includes
an individual growth and development plan, a peer review process, and at least one
summative evaluation performed by a qualified and trained evaluator such as a school
administrator. For the years when a tenured teacher is not evaluated by a qualified and
trained evaluator, the teacher must be evaluated by a peer review;
(3) must 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 EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 13.
Minnesota Statutes 2023 Supplement, section 122A.41, subdivision 5, is amended
to read:
Subd. 5.
Development, evaluation, and peer coaching for continuing contract
teachers.
(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop an
annual teacher evaluation and peer review process for probationary and nonprobationary
teachers through joint agreement. If a school board and the exclusive representative of the
teachers in the district do not agree to an annual teacher evaluation and peer review process,
then the school board and the exclusive representative of the teachers must implement the
state teacher evaluation plan developed under paragraph (c). The process must include
having trained observers serve as peer coaches or having teachers participate in professional
learning communities, consistent with paragraph (b).
(b) To develop, improve, and support qualified teachers and effective teaching practices
and improve student learning and success, and provide all enrolled students in a district or
school with improved and equitable access to more effective and diverse teachers, the annual
evaluation process for teachers:
(1) must, for probationary teachers, provide for all evaluations required under subdivision
2;
(2) must establish a three-year professional review cycle for each teacher that includes
an individual growth and development plan, a peer review process, and at least one
summative evaluation performed by a qualified and trained evaluator such as a school
administrator;
(3) must 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 EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 14.
Minnesota Statutes 2023 Supplement, section 122A.631, subdivision 2, is amended
to read:
Subd. 2.
Definition.
"Heritage language and culture deleted text begin teachersdeleted text end new text begin teachernew text end " means deleted text begin teachersdeleted text end new text begin a
teacher new text end with a new text begin familial new text end connection to deleted text begin adeleted text end new text begin theirnew text end community's language and culturenew text begin ,new text end who deleted text begin usedeleted text end new text begin is
proficient in the language and engaged in the culture, and 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 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
Sec. 15.
Minnesota Statutes 2023 Supplement, section 122A.631, subdivision 4, is amended
to read:
Subd. 4.
Heritage language and culture teacher licensure pathway program.
(a) The
Professional Educator Licensing and Standards Board shall develop a program to support
initial and additional licensure for heritage language and culture teachersnew text begin , prioritizing 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 is a
licensure scarcitynew 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.
Sec. 16.
Minnesota Statutes 2023 Supplement, section 122A.70, subdivision 2, is amended
to read:
Subd. 2.
Board grants.
The Professional Educator Licensing and Standards Board must
make grant application forms available to sites interested in developing, sustaining, or
expanding a mentorship program. A school district or group of school districts, new text begin a Tribal
contract school or group of schools, a coalition of districts, teachers, and teacher education
institutions, new text end a school or coalition of schools, or a coalition of teachers may apply for a
program grant. A higher education institution or nonprofit organization may partner with a
grant applicant but is not eligible as a sole applicant for grant funds. 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.
Sec. 17. new text begin REPEALER.
new text end
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
ARTICLE 4
READ ACT
Section 1.
Minnesota Statutes 2023 Supplement, section 120B.1117, is amended to read:
120B.1117 TITLE; THE READ ACT.
Sections deleted text begin 120B.1117deleted text end new text begin 120B.118new text end to 120B.124 may be cited as the "Reading to Ensure
Academic Development Act" or the "Read Act."
Sec. 2.
Minnesota Statutes 2023 Supplement, section 120B.1118, is amended by adding
a subdivision to read:
new text begin Subd. 2a. new text end
new text begin Certified trained facilitator. new text end
new text begin
"Certified trained facilitator" means a person
employed by a district or regional literacy network, who has completed professional
development approved by the Department of Education in structured literacy, completed
additional training in providing professional development in structured literacy, and
participates in mentoring or coaching provided by CAREI or the Department of Education
on facilitating literacy training. A literacy lead who meets the requirements under this
subdivision may be a certified trained facilitator.
new text end
Sec. 3.
Minnesota Statutes 2023 Supplement, section 120B.1118, subdivision 7, is amended
to read:
Subd. 7.
Literacy specialist.
"Literacy specialist" means a person licensed by the
Professional Educator Licensing and Standards Board as a teacher of reading, a special
education teacher, or a kindergarten through grade 6 teacher, who has completed professional
development approved by the Department of Education in structured literacy. deleted text begin A literacy
specialist employed by the department under section 120B.123, subdivision 7, or by a district
as a literacy lead, is not required to complete the approved training before August 30, 2025.
deleted text end
Sec. 4.
Minnesota Statutes 2023 Supplement, section 120B.1118, subdivision 10, is
amended to read:
Subd. 10.
Oral language.
"Oral language," also called "spoken language," includes
speaking and listening, and consists of five components: phonology, morphology, syntax,
semantics, and pragmatics.new text begin Oral language also includes sign language, in which speaking
and listening are defined as expressive and receptive skills, and consists of phonology,
including sign language phonological awareness; morphology; syntax; semantics; and
pragmatics.
new text end
Sec. 5.
Minnesota Statutes 2023 Supplement, section 120B.12, subdivision 1, is amended
to read:
Subdivision 1.
Literacy goal.
(a) The legislature seeks to have every child reading at
or above grade level every year, beginning in kindergarten, and to support multilingual
learners and students receiving special education services in achieving their individualized
reading goalsnew text begin in order to meet grade level proficiencynew text end . By the 2026-2027 school year,
districts must provide evidence-based reading instruction through a focus on student mastery
of the foundational reading skills of phonemic awareness, phonics, and fluency, as well as
the development of oral language, vocabulary, and reading comprehension skills. Students
must receive evidence-based instruction that is proven to effectively teach children to read,
consistent with sections deleted text begin 120B.1117deleted text end new text begin 120B.118new text end to 120B.124.
(b) To meet this goal, each district must provide teachers and instructional support staff
with responsibility for teaching reading with training on evidence-based reading instruction
that is approved by the Department of Education by the deadlines provided in this
subdivision. The commissioner may grant a district an extension to the deadlines in this
paragraph. Beginning July 1, 2024, a district must provide access to the training required
under section 120B.123, subdivision 5, to:
(1) new text begin reading new text end intervention teachers working with students in kindergarten through grade
12;
(2) all classroom teachers of students in kindergarten through grade 3 and children in
prekindergarten programs;
(3) special education teachers;
(4) curriculum directors;new text begin and
new text end
deleted text begin
(5) instructional support staff who provide reading instruction; and
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end employees who select literacy instructional materials for a district.
deleted text begin
(c) All other teachers and instructional staff required to receive training under the Read
Act must complete the training no later than July 1, 2027.
deleted text end
new text begin
(c) The following teachers and instructional staff must complete the training required
under the Read Act by July 1, 2027:
new text end
new text begin
(1) teachers who provide reading instruction to students in grades 4 through 12;
new text end
new text begin
(2) teachers of multilingual students; and
new text end
new text begin
(3) teachers who provide instruction to students who qualify for the graduation incentives
program under section 124D.68.
new text end
new text begin
(d) A teacher who has completed the training required under paragraph (b) or (c) within
the last five years does not need to be retrained.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end Districts are strongly encouraged to adopt a MTSS framework. The framework
should include a process for monitoring student progress, evaluating program fidelity, and
analyzing student outcomes and needs in order to design and implement ongoing
evidenced-based instruction and interventions.
Sec. 6.
Minnesota Statutes 2023 Supplement, section 120B.12, subdivision 2, is amended
to read:
Subd. 2.
Identification; report.
(a) deleted text begin Twice per year,deleted text end Each school district must screen
every student enrolled in kindergarten, grade 1, grade 2, and grade 3 using a screening tool
approved by the Department of Educationnew text begin three times each school year: (1) within the first
six weeks of the school year; (2) by February 15 each year; and (3) within the last six weeks
of the school yearnew text end . Students enrolled in kindergarten, grade 1, grade 2, and grade 3, including
multilingual learners and students receiving special education services, must be universally
screened for mastery of foundational reading skills, including phonemic awareness, phonics,
decoding, fluency, oral language, and for characteristics of dyslexia as measured by a
screening tool approved by the Department of Education. The screening for characteristics
of dyslexia may be integrated with universal screening for mastery of foundational skills
and oral language. A district must submit data on student performance in kindergarten,
grade 1, grade 2, and grade 3 on foundational reading skills, including phonemic awareness,
phonics, decoding, fluency, and oral language to the Department of Education in the annual
local literacy plan submission due on June 15.
(b) Students in grades 4 and above, including multilingual learners and students receiving
special education services, who do not demonstrate mastery of foundational reading skills,
including phonemic awareness, phonics, decoding, fluency, and oral language, must be
screened using a screening tool approved by the Department of Education for characteristics
of dyslexia, and must continue to receive evidence-based instruction, interventions, and
progress monitoring until the students achieve grade-level proficiency. A parent, in
consultation with a teacher, may opt a student out of the literacy screener if the parent and
teacher decide that continuing to screen would not be beneficial to the student. In such
limited cases, the student must continue to receive progress monitoring and literacy
interventions.
(c) Reading screeners in English, and in the predominant languages of district students
where practicable, must identify and evaluate students' areas of academic need related to
literacy. The district also must monitor the progress and provide reading instruction
appropriate to the specific needs of multilingual learners. The district must use an approved,
developmentally appropriate, and culturally responsive screener and annually report summary
screener results to the commissioner by June 15 in the form and manner determined by the
commissioner.
(d) The district also must include in its literacy plan under subdivision 4a, a summary
of the district's efforts to screen, identify, and provide interventions to students who
demonstrate characteristics of dyslexia as measured by a screening tool approved by the
Department of Education. Districts are strongly encouraged to use deleted text begin thedeleted text end new text begin anew text end MTSS framework.
With respect to students screened or identified under paragraph (a), the report must include:
(1) a summary of the district's efforts to screen for dyslexia;
(2) the number of students universally screened for that reporting year;
(3) the number of students demonstrating characteristics of dyslexia for that year; and
(4) an explanation of how students identified under this subdivision are provided with
alternate instruction and interventions under section 125A.56, subdivision 1.
Sec. 7.
Minnesota Statutes 2023 Supplement, section 120B.12, subdivision 2a, is amended
to read:
Subd. 2a.
Parent notification and involvement.
A district must administer deleted text begin adeleted text end new text begin an approvednew text end
reading screener to students in kindergarten through grade 3 within the first six weeks of
the school year,new text begin by February 15 each year,new text end and again within the last six weeks of the school
year. Schools, at least biannually after administering each screener, must give the parent of
each student who is not reading at or above grade level timely information about:
(1) the student's reading proficiency as measured by a screener approved by the
Department of Education;
(2) reading-related services currently being provided to the student and the student's
progress; and
(3) strategies for parents to use at home in helping their student succeed in becoming
grade-level proficient in reading in English and in their native language.
A district may not use this section to deny a student's right to a special education
evaluation.
Sec. 8.
Minnesota Statutes 2023 Supplement, section 120B.12, subdivision 4, is amended
to read:
Subd. 4.
Staff development.
(a) A district must provide training on evidence-based
deleted text begin readingdeleted text end new text begin structured literacynew text end instruction to teachers and instructional staff in accordance with
subdivision 1, deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b)new text begin and (c)new text end . The training must include teaching in the
areas of phonemic awareness, phonics, vocabulary development, reading fluency, reading
comprehension, and culturally and linguistically responsive pedagogy.
(b) Each district shall use the data under subdivision 2 to identify the staff development
needs so that:
(1) elementary teachers are able to implement explicit, systematic, evidence-based
instruction in the five reading areas of phonemic awareness, phonics, fluency, vocabulary,
and comprehension with emphasis on mastery of foundational reading skills as defined in
section deleted text begin 120B.1118deleted text end new text begin 120B.119new text end and other literacy-related areas including writing until the
student achieves grade-level reading and writing proficiency;
(2) elementary teachers deleted text begin have sufficientdeleted text end new text begin receivenew text end training to provide students with
evidence-based reading and oral language instruction that meets students' developmental,
linguistic, and literacy needs using the intervention methods or programs selected by the
district for the identified students;
(3) licensed teachers employed by the district have deleted text begin regulardeleted text end opportunities to improve
reading and writing instructionnew text begin through professional development identified in the local
literacy plannew text end ;
(4) licensed teachers recognize students' diverse needs in cross-cultural settings and are
able to serve the oral language and linguistic needs of students who are multilingual learners
by maximizing strengths in their native languages in order to cultivate students' English
language development, including oral academic language development, and build academic
literacy; and
(5) licensed teachers are deleted text begin welldeleted text end trained in culturally responsive pedagogy that enables
students to master content, develop skills to access content, and build relationships.
(c) A district new text begin that offers early childhood programs, including voluntary prekindergarten
for eligible four-year-old children, early childhood special education, and school readiness
programs, new text end must provide deleted text begin staffdeleted text end new text begin classroom teachersnew text end in early childhood programs deleted text begin sufficientdeleted text end
training new text begin approved by the Department of Education new text end to provide children in early childhood
programs with explicit, systematic instruction in phonological and phonemic awareness;
oral language, including listening comprehension; vocabulary; and letter-sound
correspondence.
Sec. 9.
Minnesota Statutes 2023 Supplement, section 120B.12, subdivision 4a, is amended
to read:
Subd. 4a.
Local literacy plan.
(a) Consistent with this section, a school district must
adopt a local literacy plan to have every child reading at or above grade level every year
beginning in kindergarten and to support multilingual learners and students receiving special
education services in achieving their individualized reading goals. A district must update
and submit the plan to the commissioner by June 15 each year. The plan must be consistent
with the Read Act, and include the following:
(1) a process to assess students' foundational reading skills, oral language, and level of
reading proficiency and the screeners used, by school site and grade level, under section
120B.123;
(2) a process to notify and involve parents;
(3) a description of how schools in the district will determine the targeted reading
instruction that is evidence-based and includes an intervention strategy for a student and
the process for intensifying or modifying the reading strategy in order to obtain measurable
reading progress;
(4) evidence-based intervention methods for students who are not reading at or above
grade level and progress monitoring to provide information on the effectiveness of the
intervention;
(5) identification of staff development needs, including a plan to meet those needs;
(6) the curricula used by school site and grade level;
(7) a statement of whether the district has adopted a MTSS framework;
(8) student data using the measures of foundational literacy skills and mastery identified
by the Department of Education for the following students:
(i) students in kindergarten through grade 3;
(ii) students who demonstrate characteristics of dyslexia; and
(iii) students in grades 4 to 12 who are identified as not reading at grade level; and
(9) the number of teachers and other staff that have completed training approved by the
department.
(b) The district must post its literacy plan on the official school district website and
submit it to the commissioner of education using the template developed by the commissioner
of education beginning June 15, 2024.
(c) By March 1, 2024, the commissioner of education must develop a streamlined template
for local literacy plans that meets the requirements of this subdivision and requires all
reading instruction and teacher training in reading instruction to be evidence-based. The
template must require a district to report information using the student categories required
in the commissioner's report under paragraph (d). The template must focus district resources
on improving students' foundational reading skills while reducing paperwork requirements
for teachers.
(d) By December 1, 2025, the commissioner of education must submit a report to the
legislative committees with jurisdiction over prekindergarten through grade 12 education
summarizing the local literacy plans submitted to the commissioner. The summary must
include the following information:
(1) the number of teachers and other staff that have completed training approved by the
Department of Education;
new text begin
(2) the number of teachers and other staff required to complete the training under section
120B.12, subdivision 1, that have not completed the training;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end by school site and grade, the screeners deleted text begin used at the beginning and end of the school
yeardeleted text end and the reading curriculum used; and
deleted text begin (3)deleted text end new text begin (4)new text end by school site and grade, using the measurements of foundational literacy skills
and mastery identified by the department, both aggregated data and disaggregated datanew text begin on
student performance on the approved screenersnew text end using the student categories under section
120B.35, subdivision 3, paragraph (a), clause (2).
new text begin
(e) By December 1, 2026, and December 1, 2027, the commissioner of education must
submit updated reports containing the information required under paragraph (d) to the
legislative committees with jurisdiction over prekindergarten through grade 12 education.
new text end
Sec. 10.
Minnesota Statutes 2023 Supplement, section 120B.123, subdivision 1, is amended
to read:
Subdivision 1.
new text begin Approved new text end screeners.
A district must administer an approved
evidence-based reading screener to students in kindergarten through grade 3 within the first
six weeks of the school year, new text begin by February 15 each year, new text end and again within the last six weeks
of the school year. The screener must be one of the screening tools approved by the
Department of Education. A district must identify any screener it uses in the district's annual
literacy plan, and submit screening data with the annual literacy plan by June 15.
Sec. 11.
Minnesota Statutes 2023 Supplement, section 120B.123, subdivision 2, is amended
to read:
Subd. 2.
Progress monitoring.
A district must implement progress monitoringnew text begin using
the approved assessmentsnew text end , as defined in section deleted text begin 120B.1118deleted text end new text begin 120B.119new text end , for a student not
reading at grade level.
Sec. 12.
Minnesota Statutes 2023 Supplement, section 120B.123, subdivision 5, is amended
to read:
Subd. 5.
Professional development.
new text begin (a) new text end A district must provide training from a menu
of approved evidence-based training programs to all reading intervention teachers, literacy
specialists, and other teachers and staff identified in section 120B.12, subdivision 1, paragraph
(b), by July 1, deleted text begin 2025deleted text end new text begin 2026new text end ; and by July 1, 2027, to other teachers in the districtnew text begin who provide
reading instruction or reading interventionsnew text end , prioritizing teachers who work with students
with disabilities, English learners, and students who qualify for the graduation incentives
program under section 124D.68.
new text begin (b)new text end The commissioner of education may grant a district an extension to the deadlines in
this subdivision.
new text begin
(c) Training provided by a certified trained facilitator may satisfy the professional
development requirements under this subdivision and section 120B.12, subdivision 1.
new text end
new text begin
(d) For the 2024-2025 school year only, the hours of instruction requirement under
section 120A.41 for students in grades 1 through 3 is reduced to 929-1/2 hours for a district
that enters into an agreement with the exclusive representative of the teachers requiring
teachers to receive approved evidence-based training required under section 120B.12,
subdivision 1, for 5-1/2 hours on a day when other students in the district receive instruction.
If a charter school's teachers are not represented by an exclusive representative, the charter
school may reduce the number of instructional hours for students in grades 1 through 3 by
5-1/2 hours in order to provide teachers with evidence-based training required under section
120B.12, subdivision 1, on a day when other students receive instruction.
new text end
Sec. 13.
Minnesota Statutes 2023 Supplement, section 124D.42, subdivision 8, is amended
to read:
Subd. 8.
Minnesota reading corps program.
(a) A Minnesota reading corps program
is established to provide ServeMinnesota AmeriCorps members with a data-based
problem-solving model of literacy instruction to use in helping to train local Head Start
program providers, other prekindergarten program providers, and staff in schools with
students in kindergarten through grade 3 to evaluate and teach early literacy skills, including
evidence-based literacy instruction under sections 120B.1117 to 120B.124, to children age
3 deleted text begin todeleted text end new text begin throughnew text end grade 3 and interventions for children in kindergarten deleted text begin todeleted text end new text begin throughnew text end grade deleted text begin 12deleted text end new text begin 3new text end .
(b) Literacy programs under this subdivision must comply with the provisions governing
literacy program goals and data use under section 119A.50, subdivision 3, paragraph (b).
new text begin
(c) Literacy programs under this subdivision must use evidence-based reading instruction
and interventions focused on structured literacy.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end The commission must submit a biennial report to the committees of the legislature
with jurisdiction over kindergarten through grade 12 education that records and evaluates
program data to determine the efficacy of the programs under this subdivision.
Sec. 14. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering. The revisor shall also make any technical and
other changes necessitated by the renumbering and cross-reference changes in this act.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
new text begin
120B.1117 new text end |
new text begin
120B.118 new text end |
|
new text begin
120B.1118 new text end |
new text begin
120B.119 new text end |
ARTICLE 5
SPECIAL EDUCATION
Section 1.
Minnesota Statutes 2022, section 125A.02, subdivision 1a, is amended to read:
Subd. 1a.
Children deleted text begin ages threedeleted text end new text begin birthnew text end through deleted text begin sevendeleted text end new text begin age sixnew text end experiencing developmental
delays.
In addition, every child under age threedeleted text begin ,deleted text end andnew text begin ,new text end at local district discretionnew text begin , every childnew text end
from age three deleted text begin todeleted text end new text begin throughnew text end age deleted text begin seven,deleted text end new text begin sixnew text end who needs special instruction and services, as
determined by the rules of the commissioner, because the child has a substantial delay or
deleted text begin has an identifiabledeleted text end new text begin a diagnosednew text end physical or mental condition deleted text begin known to hinder normal
developmentdeleted text end new text begin or disorder with a high probability of resulting in developmental delaynew text end is a
child with a disability.
Sec. 2.
Minnesota Statutes 2023 Supplement, section 125A.08, is amended to read:
125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.
new text begin Subdivision 1. new text end
new text begin Individualized education programs. new text end
(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.
new text begin Subd. 2. new text end
new text begin Paraprofessionals. new text end
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.
new text begin Subd. 3. new text end
new text begin Functional behavior assessment. new text end
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 Subd. 4. new text end
new text begin Developmental adapted physical education assessment. new text end
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 EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 3.
Minnesota Statutes 2022, section 125A.27, subdivision 8, is amended to read:
Subd. 8.
Eligibility for Part C.
"Eligibility for Part C" means eligibility for infant and
toddler intervention services under section 125A.02 and Minnesota Rulesnew text begin , part 3525.1350new text end .
Sec. 4.
Minnesota Statutes 2022, section 125A.56, subdivision 1, is amended to read:
Subdivision 1.
Requirement.
(a) Before a pupil new text begin in kindergarten through grade 12 new text end is
referred for a special education evaluation, the district must conduct and document at least
two instructional strategies, alternatives, or interventions using a system of scientific,
research-based instruction and intervention in academics or behavior, based on the pupil's
needs, while the pupil is in the regular classroom. The pupil's teacher must document the
results. A special education evaluation team may waive this requirement when it determines
the pupil's need for the evaluation is urgent. This section may not be used to deny a pupil's
right to a special education evaluation.
(b) A school district shall use alternative intervention services, including the assurance
of mastery program under section 124D.66, or an early intervening services program under
subdivision 2 to serve at-risk pupils who demonstrate a need for alternative instructional
strategies or interventions.
(c) A student identified as being unable to read at grade level under section 120B.12,
subdivision 2, paragraph (a), must be provided with alternate instruction under this
subdivision that is multisensory, systematic, sequential, cumulative, and explicit.
Sec. 5. new text begin SPECIAL EDUCATION LICENSURE RECIPROCITY WORKING GROUP.
new text end
new text begin Subdivision 1. new text end
new text begin Working group established. new text end
new text begin
The Professional Educator Licensing and
Standards Board must establish a working group on special education licensure reciprocity.
new text end
new text begin Subd. 2. new text end
new text begin Members. 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 October 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; and
new text end
new text begin
(9) two representatives from alternative teacher preparation programs.
new text end
new text begin Subd. 3. new text end
new text begin Duties. 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 Subd. 4. new text end
new text begin Administrative provisions. 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 EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6. new text begin COMMISSIONER OF EDUCATION; LEGISLATIVE REPORT ON
DEFINITIONS.
new text end
new text begin
(a) The commissioner of education must define the following terms:
new text end
new text begin
(1) gifted student;
new text end
new text begin
(2) talented student;
new text end
new text begin
(3) twice-exceptional student;
new text end
new text begin
(4) print disabled student; and
new text end
new text begin
(5) reading disabled student.
new text end
new text begin
(b) The commissioner of education must also define what qualifies a student in each
category under paragraph (a) for special education services and how eligibility is determined,
including through identification or diagnosis by a doctor of medicine, doctor of osteopathy,
ophthalmologist, optometrist, psychologist, registered nurse, therapist, or professional staff
of hospitals, institutions, and public or welfare agencies such as an educator, social worker,
case worker, counselor, rehabilitation teacher, certified reading specialist, school
psychologist, superintendent, or librarian.
new text end
new text begin
(c) No later than February 15, 2025, the commissioner must report these definitions to
the chairs and ranking minority members of the legislative committees having jurisdiction
over early childhood through grade 12 education.
new text end
new text begin
(d) The commissioner is encouraged to consult with the Perpich Center for Arts Education
and the Minnesota State Academies in preparing the definitions under this section.
new text end
ARTICLE 6
CHARTER SCHOOLS
Section 1.
Minnesota Statutes 2022, section 124E.01, subdivision 1, is amended to read:
Subdivision 1.
Purposes.
new text begin (a) new text end The primary purpose ofnew text begin mission-drivennew text end charter 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 charter 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
(b) A charter 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 shall be a component of the
authorizer's performance review of the school.
new text end
Sec. 2.
Minnesota Statutes 2023 Supplement, section 124E.02, is amended to read:
124E.02 DEFINITIONS.
(a) For purposes of this chapter, the terms defined in this section have the meanings
given them.
(b) "Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under section 124E.06, subdivision 4, attesting to
its review and approval process before chartering a school.
(c) "Affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person.
(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 anynew text end relationship by blood, marriage,
adoption, or partnership deleted text begin is no more remote than first cousindeleted text end new text begin of spouses, parents, grandparents,
siblings, children, first cousins, aunts, uncles, grandchildren, nieces, and nephewsnew 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.
Sec. 3.
Minnesota Statutes 2023 Supplement, section 124E.03, subdivision 2, is amended
to read:
Subd. 2.
Certain federal, state, and local requirements.
(a) A charter school shall
meet all federal, state, and local health and safety requirements applicable to school districts.
(b) A school must comply with statewide accountability requirements governing standards
and assessments in chapter 120B.
(c) A charter school must comply with the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.
(d) A charter school is a district for the purposes of tort liability under chapter 466.
(e) A charter school must comply with the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.
(f) A charter school and charter school board of directors must comply with chapter 181
governing requirements for employment.
(g) A charter school must comply with continuing truant notification under section
260A.03.
(h) A charter school must develop and implement a teacher evaluation and peer review
process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place
students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d).
The teacher evaluation process in this paragraph does not create any additional employment
rights for teachers.
(i) A charter school must adopt a 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 .
Sec. 4.
Minnesota Statutes 2022, section 124E.05, subdivision 2, is amended to read:
Subd. 2.
new text begin Roles, responsibilities, and new text end requirements deleted text begin fordeleted text end new text begin ofnew text end authorizers.
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 any school it authorizes has the autonomy to which the school is entitled, fulfills the
purposes of a charter 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, to make ready-to-open determinations for
new schools, to review applications for grade and site expansions, to review applications
for change in authorizers, and to 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) The commissioner shall not require an authorizer to undertake any role or
responsibility beyond those in statute or the charter contract, or perform any function that
the department or other government agency exercises in relation to a public school, school
board, or school district.
new text end
new text begin
(d) The authorizer shall 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
(e) The authorizer must participate in department-approved training.
new text end
Sec. 5.
Minnesota Statutes 2022, section 124E.05, subdivision 3, is amended to read:
Subd. 3.
Application process.
(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.
Sec. 6.
Minnesota Statutes 2022, section 124E.05, subdivision 5, is amended to read:
Subd. 5.
Review by commissioner.
(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) notwithstanding any updates to comply with state or federal law or to make technical
corrections, publish the authorizer performance review criteria and process at least 12 months
before any change or process takes effect;
new text end
new text begin
(3) base the performance review system on the authorizer's role and responsibilities in
sections 124E.05, subdivision 2, and 124E.10;
new text end
new text begin
(4) evaluate the authorizer's performance on adherence and implementation of the
authorizer's approved policies, procedures, and processes that are subject to section 124E.05,
subdivision 5, paragraph (b); and
new text end
new text begin
(5) include input from the authorizer, charter school administrators, and charter school
boards of directors.
new text end
new text begin
(c) The commissioner's form must use existing department data on the authorizer to
minimize duplicate reporting to the extent practicable.
new text end
new text begin
(d) Consistent with this subdivision the commissioner must not:
new text end
new text begin
(1) penalize in any way an authorizer for not chartering additional schools or the absence
of complaints against an authorizer or an authorizer's portfolio of schools; or
new text end
new text begin
(2) penalize an authorizer for not undertaking any role or responsibilities beyond those
defined in the authorizer's approved policies, procedures or processes, the charter contract,
or this section.
new text end
Sec. 7.
Minnesota Statutes 2023 Supplement, section 124E.06, subdivision 1, is amended
to read:
Subdivision 1.
Individuals eligible to organize.
(a) An authorizer, after receiving an
application from a charter school developer, may charter either a licensed teacher under
section 122A.18, subdivision 1, or a group of individuals that includes one or more licensed
teachers under section 122A.18, subdivision 1, to operate a school subject to the
commissioner's approval of the authorizer's affidavit under subdivision 4.
(b) "Application" under this section means the charter school business plan a charter
school developer submits to an authorizer for approval to establish a charter school. This
application must include:
(1) the 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.
Sec. 8.
Minnesota Statutes 2023 Supplement, section 124E.06, subdivision 4, is amended
to read:
Subd. 4.
Authorizer's affidavit; approval process.
(a) Before an operator may establish
and operate a school, the authorizer must file an affidavit with the commissioner stating its
intent to charter a school. An authorizer must file a separate affidavit for each school it
intends to charter. An authorizer must file an affidavit at least 14 months before July 1 of
the year the new charter school plans to serve students. The affidavit must 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
Sec. 9.
Minnesota Statutes 2023 Supplement, section 124E.06, subdivision 5, is amended
to read:
Subd. 5.
Adding grades or sites.
(a) A charter school may apply to the authorizer to
amend the school charter to add grades or primary enrollment sites beyond those defined
in the original affidavit approved by the commissioner. After approving the school's
application, the authorizer shall submit a supplemental affidavit in the form and manner
prescribed by the commissioner. The authorizer must file a supplemental affidavit to the
commissioner by October 1 to be eligible to add grades or sites in the next school year. The
supplemental affidavit must document 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 three years of student academic proficiency
and growth on statewide assessments under chapter 120B or on other academic assessments
that measure for at least three years 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.
Sec. 10.
Minnesota Statutes 2022, section 124E.07, is amended to read:
124E.07 BOARD OF DIRECTORS.
Subdivision 1.
Initial board of directors.
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
Subd. 2.
Ongoing board of directors.
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 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.
Subd. 3.
Membership criteria.
(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 shall 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 new text begin of record under
Minnesota Rules, part 8710.0310. A licensed teacher who serves on a charter school board
is an individual who holds a valid teaching license issued by the Professional Educator
Licensing and Standards Board (PELSB), is employed by the school or contracted between
the charter school or a teacher cooperative for at least 720 hours in a school calendar year,
serves as a teacher of record, and provides instruction to students in the areas for which
they are approved by PELSB; or a PELSB licensed school psychologist, social worker,
librarian, pathologist, nurse, counselor, or other school professional under Minnesota Rules,
parts 8710.5900 to 8710.6400, who provides the services for students for which they are
licensed. A board member eligible under this clause does not include any individual who
serves the charter school in an administrative or supervisory capacity for more than 240
hours in a school calendar year;
new text end
(2) at least one parent or legal guardian of a student enrolled in the charter schoolnew text begin .new text end deleted text begin who
is notdeleted text end new text begin A parent or guardian who serves on the charter board must not benew text end an employee of the
charter school; and
(3) at least one interested community membernew text begin .new text end deleted text begin who resides in Minnesota, is not employed
by the charterdeleted text end new text begin An interested community member who serves on the charter school board
must reside in Minnesota, cannot be employed by the charter school, and must not have a
child enrolled in the charter schoolnew text end deleted text begin school, and does not have a child enrolled in the schooldeleted text end .
new text begin 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 (i) benew text end
a majority of teachers under this paragraph deleted text begin ordeleted text end new text begin , (ii) be a majority ofnew text end parents deleted text begin ordeleted text end new text begin , (iii) be a
majority ofnew text end community members, or deleted text begin it maydeleted text end new text begin (iv)new text end have no clear majority. 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
clause (1). Contractors providing facilities, goods, or services to a charter school shall not
serve on the board of directors of the charter school.
(b) 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.new text begin 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
(c) A violation of paragraph (b) 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 (b) is individually liable to the charter school for any
damage caused by the violation.
(d) 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
(e) A charter school must disclose to the commissioner and its authorizer if a board
member, including an ex-officio nonvoting board member, is serving on multiple charter
school boards or committees of other charter school boards. The board member has an
affirmative duty to inform each school board of every school board where the board member
is a director or ex-officio member.
new text end
Subd. 4.
Board structure.
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.
Subd. 5.
deleted text begin Eligible votersdeleted text end new text begin Board electionsnew text end .
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
Subd. 6.
Duties.
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 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
Subd. 7.
Training.
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, the Pupil Fair Dismissal Act, 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 board member training 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
Subd. 8.
Meetings and information.
(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 calendar days following the earlier of the date of board
approval or the next regularly scheduled meeting, andnew 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.
Sec. 11.
Minnesota Statutes 2022, section 124E.10, subdivision 2, is amended to read:
Subd. 2.
Limits on charter school agreements.
(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 the school'snew text end
authorizernew text begin or a board member, employee, contractor, volunteer, or agent of the school's
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 This paragraph does not apply to a charter school or an authorizer
when contracting for legal services from a lawyer that provides professional services to the
charter school or authorizer and who is subject to the Minnesota Rules of Professional
Conduct.
new text end
(b) 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.
Sec. 12.
Minnesota Statutes 2022, section 124E.10, subdivision 4, is amended to read:
Subd. 4.
Causes for nonrenewal or termination of charter school contract.
(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 shall be recorded by audio
recording, video recording, or a court reporter. The recording shall be preserved for three
years and shall be made 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.
Sec. 13.
Minnesota Statutes 2022, section 124E.10, subdivision 5, is amended to read:
Subd. 5.
Mutual nonrenewal.
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.
Sec. 14.
Minnesota Statutes 2023 Supplement, section 124E.11, is amended to read:
124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.
(a) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), may limit admission to:
(1) pupils within an age group or grade level;
(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or
(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.
(b) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), 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 eligible for an enrollment
preference for their children must be an individual employed at the school whose employment
is stipulated in advance to total 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.
Sec. 15.
Minnesota Statutes 2023 Supplement, section 124E.12, subdivision 1, is amended
to read:
Subdivision 1.
Teachers.
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.
Sec. 16.
Minnesota Statutes 2022, section 124E.12, subdivision 2, is amended to read:
Subd. 2.
Administrators.
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 new 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
Sec. 17.
Minnesota Statutes 2022, section 124E.14, is amended to read:
124E.14 CONFLICTS OF INTEREST.
(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
Sec. 18.
Minnesota Statutes 2023 Supplement, section 124E.16, subdivision 1, is amended
to read:
Subdivision 1.
Audit report.
(a) A charter school is subject to the same financial audits,
audit procedures, and audit requirements as a district, except as required under this
subdivision. Audits must be conducted in compliance with generally accepted governmental
auditing standards, the federal Single Audit Act, if applicable, and section 6.65 governing
auditing procedures. 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.
Sec. 19.
Minnesota Statutes 2022, section 124E.17, is amended to read:
124E.17 DISSEMINATION OF INFORMATION.
Subdivision 1.
Charter school information.
(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.
Subd. 2.
Financial information.
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 Upon
request, the authorizer must provide the same information about its organization.
new text end
Sec. 20.
Minnesota Statutes 2022, section 124E.26, is amended to read:
124E.26 USE OF STATE MONEY.
new text begin Subdivision 1. new text end
new text begin Purchasing buildings. new text end
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 Subd. 2. new text end
new text begin Procurement policy required. new text end
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 Subd. 3. new text end
new text begin All purchases. 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 Subd. 4. new text end
new text begin Required policy components. 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) thresholds for purchases that require competitive bidding processes, except that a
competitive bidding process must occur for any procurement estimated to exceed $25,000;
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 Subd. 5. new text end
new text begin Reduction in aid. 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 Subd. 6. new text end
new text begin Property, financial investments, and contracting. 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
ARTICLE 7
NUTRITION AND LIBRARIES
Section 1.
Minnesota Statutes 2023 Supplement, section 124D.111, subdivision 2a, is
amended to read:
Subd. 2a.
Federal child and adult care food program and federal summer food
service program; criteria and notice.
(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.
Sec. 2.
new text begin
[134.205] METROPOLITAN LIBRARY SERVICE AGENCY.
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 EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
new text begin
[134.51] BOOK BANNING PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Access to materials. new text end
new text begin
(a) The governing body, including a school board,
of a regional public library system under section 134.20, subdivision 2; a multicounty,
multitype library system under section 134.351, subdivision 4; a combination library under
section 134.195, subdivision 7; a school library under section 124D.991; a library in a school
receiving school library aid; or any other public library under section 134.001, subdivision
2, may not ban, remove, or otherwise restrict access to an otherwise age-appropriate book
or other material selected pursuant to a library materials policy under subdivision 2 based
solely on the viewpoint, content, message, idea, or opinion conveyed.
new text end
new text begin
(b) This section does not limit authority to decline to purchase, lend, or shelve or to
remove or restrict access to books or other materials legitimately based upon:
new text end
new text begin
(1) practical reasons, including but not limited to shelf space limitations, rare or
antiquarian status, damage, or obsolescence;
new text end
new text begin
(2) legitimate pedagogical concerns, including but not limited to the appropriateness of
potentially sensitive topics for the library's intended audience, the selection of books and
materials for a curated collection, or the likelihood of causing a material and substantial
disruption of the work and discipline of the school; or
new text end
new text begin
(3) compliance with state or federal law.
new text end
new text begin Subd. 2. new text end
new text begin Library materials policy. new text end
new text begin
(a) A governing body under subdivision 1 must
adopt a policy that establishes procedures for selection of and reconsideration of library
materials in accordance with this section.
new text end
new text begin
(b) The policy must permit a parent or guardian to restrict their child's access to specified
library materials. This policy must not impair or limit the rights of a parent, guardian, or
adult student to request a curriculum content challenge under section 120B.20.
new text end
new text begin
(c) The policy must require that the procedures for selection and reconsideration be
administered by:
new text end
new text begin
(1) a licensed library media specialist under Minnesota Rules, part 8710.4550;
new text end
new text begin
(2) an individual with a master's degree in library sciences or library and information
sciences; or
new text end
new text begin
(3) a professional librarian or a person trained in library collection management.
new text end
new text begin Subd. 3. new text end
new text begin Collection management. new text end
new text begin
A governing body under subdivision 1, or any other
public body with personnel authority for a library, may not discriminate against or discipline
an individual for complying with subdivision 1.
new text end
ARTICLE 8
HEALTH AND SAFETY
Section 1.
Minnesota Statutes 2022, section 120A.22, subdivision 12, is amended to read:
Subd. 12.
Legitimate exemptions.
(a) A parent, guardian, or other person having control
of a child may apply to a school district to have the child excused from attendance for the
whole or any part of the time school is in session during any school year. Application may
be made to any member of the board, a truant officer, a principal, or the superintendent.
The school district may state in its school attendance policy that it may ask the student's
parent or legal guardian to verify in writing the reason for the child's absence from school.
A note from a physician or a licensed mental health professional stating that the child cannot
attend school is a valid excuse. The board of the district in which the child resides may
approve the application upon the following being demonstrated to the satisfaction of that
board:
(1) that the child's physical or mental health is such as to prevent attendance at school
or application to study for the period required, which includes:
(i) child illness, medical, dental, orthodontic, or counseling appointmentsnew text begin , including
appointments conducted through telehealthnew text end ;
(ii) family emergencies;
(iii) the death or serious illness or funeral of an immediate family member;
(iv) active duty in any military branch of the United States;
(v) the child has a condition that requires ongoing treatment for a mental health diagnosis;
or
(vi) other exemptions included in the district's school attendance policy;
(2) that the child has already completed state and district standards required for graduation
from high school; or
(3) that it is the wish of the parent, guardian, or other person having control of the childdeleted text begin ,deleted text end
that the child attendnew text begin ,new text end for a period or periods not exceeding in the aggregate three hours in
any week,new text begin instruction conducted by a Tribal spiritual or cultural advisor, ornew text end a school for
religious instruction conducted and maintained by deleted text begin somedeleted text end new text begin anew text end church, or association of churches,
or any Sunday school association incorporated under the laws of this state, or any auxiliary
thereof. This deleted text begin school for religiousdeleted text end instruction must be conducted and maintained in a place
other than a public school building, and it must not, in whole or in part, be conducted and
maintained at public expense. deleted text begin However,deleted text end A child may be absent from school on deleted text begin suchdeleted text end days
deleted text begin asdeleted text end new text begin thatnew text end the child attends upon instruction according to deleted text begin the ordinances of some churchdeleted text end new text begin this
clausenew text end .
(b) Notwithstanding subdivision 6, paragraph (a), a parent may withdraw a child from
an all-day, every day kindergarten program and put their child in a half-day program, if
offered, or an alternate-day program without being truant. A school board must excuse a
kindergarten child from a part of a school day at the request of the child's parent.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2024-2025 school year and later.
new text end
Sec. 2.
new text begin
[120B.213] HEALTHY AGING AND DEMENTIA EDUCATION.
new text end
new text begin
School districts and charter schools are encouraged to provide instruction on healthy
aging and dementia to students in grades 6 through 12 that is aligned with local health
standards and integrated into existing programs, curriculum, or the general school
environment of a district or charter school. The commissioner of education, in consultation
with the commissioner of health and dementia advocacy organizations, must, by July 1,
2025, and July 1 of each odd-numbered year thereafter, provide districts and charter schools
with age-appropriate resources on healthy aging and dementia including but not limited to
strategies to maintain brain health, information on Alzheimer's disease and other forms of
dementia, and caring for an elder with a cognitive impairment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 3.
new text begin
[121A.055] SAFE SCHOOLS TRANSPARENCY.
new text end
new text begin
A charter school or school district is prohibited from engaging in retaliatory action
against a teacher or other school employee for discussing incidents of school violence or
dangerous conduct. A school or school district must not retaliate against an employee for
participating in an investigation, hearing, or inquiry regarding school and classroom safety.
Nothing in this section waives a student's data privacy rights under federal and state law.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2024-2025 school year and later.
new text end
Sec. 4.
Minnesota Statutes 2023 Supplement, section 121A.20, subdivision 2, is amended
to read:
Subd. 2.
Definition.
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
Sec. 5.
new text begin
[121A.216] ACCESS TO SPACE FOR MENTAL HEALTH CARE THROUGH
TELEHEALTH.
new text end
new text begin Subdivision 1. new text end
new text begin Access to space. new text end
new text begin
(a) 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. A school must make the space available beginning October 1, 2024.
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 Subd. 2. new text end
new text begin Immunity. new text end
new text begin
Notwithstanding section 466.02, a school district or charter school
is immune from liability for any tort claim based upon an act or omission of an officer or
employee in the execution of this statute, unless the claim is based upon recklessness, gross
negligence, or intentional misconduct.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2024-2025 school year and later.
new text end
Sec. 6.
Minnesota Statutes 2022, section 121A.22, subdivision 2, is amended to read:
Subd. 2.
Exclusions.
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.
Sec. 7.
Minnesota Statutes 2022, section 121A.22, subdivision 4, is amended to read:
Subd. 4.
Administration.
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 nurse new text begin licensed 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.
Sec. 8.
Minnesota Statutes 2022, section 121A.2207, subdivision 1, is amended to read:
Subdivision 1.
Districts and schools permitted to maintain supply.
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 EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 9.
Minnesota Statutes 2022, section 121A.41, subdivision 8, is amended to read:
Subd. 8.
School.
"School" means any school defined in section 120A.05, subdivisions
9, 11, 13, and 17.new text begin "School" also means a charter school.
new text end
Sec. 10.
new text begin
[121A.612] STUDENTS PULLED OUT OF CLASS; NOTICE AND RECORD
KEEPING.
new text end
new text begin
(a) If a public school student is pulled out of class for an unscheduled removal that lasts
more than ten minutes and the student did not request to be taken out of class or the student's
parent did not know the student was pulled out of class, either the school principal or their
designee or other person having general administrative control and supervision of the school
or classroom teacher, within 24 hours, must make a good faith attempt to notify the student's
parent or guardian by phone or by email and keep a record of the parental notification. The
record of parental notification must record the date and time the attempt to notify was made.
The record may be kept in a form and manner preferred by the individual creating the record
and must be discarded at the end of the school year.
new text end
new text begin
(b) A nonpublic school under section 123B.41, subdivision 9, is encouraged to adopt a
policy consistent with this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2024-2025 school year and later.
new text end
Sec. 11.
Minnesota Statutes 2023 Supplement, section 124D.901, subdivision 4, is amended
to read:
Subd. 4.
Allowed uses.
(a) Aid under this section must be used to hire new positions
for student support services personnel or increase a current position that is less than 1.0
full-time equivalent to a greater number of service hours or make permanent a position hired
using onetime resources awarded through the federal Coronavirus Aid Relief and Economic
Security Act, the federal Consolidated Appropriations Act, the federal Division
M-Coronavirus Response and Relief Supplemental Appropriations Act, or the federal
American Rescue Plan Act, or to maintain a position that would otherwise be eliminated.
(b) Cooperative student support personnel aid must be transferred to the intermediate
district or other cooperative unit of which the district is a member and used to hire new
positions for student support services personnel or increase a current position that is less
than 1.0 full-time equivalent to a greater number of service hours or make permanent a
position hired using onetime resources awarded through the American Rescue Plan Act at
the intermediate district or cooperative unit.
(c) If a school district, charter school, or cooperative unit does not receive at least two
applications and is not able to hire a new full-time equivalent position with student support
personnel aid, the aid may be used for contracted services from individuals licensed to serve
as a school counselor, school psychologist, school social worker, school nurse, or chemical
dependency counselor in Minnesota.
new text begin
(d) Notwithstanding paragraphs (a) to (c), aid under this section may be used to maintain
existing student support services personnel positions, including positions established prior
to the 2023-2024 school year and positions initially funded with local, state, or federal
resources, if the superintendent or charter school director provides the commissioner with
a statement of assurances that the positions would be eliminated without the flexibility
provided under this paragraph.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue in fiscal year 2025 and later.
new text end
Sec. 12.
Minnesota Statutes 2022, section 128C.02, is amended by adding a subdivision
to read:
new text begin Subd. 3c. new text end
new text begin Eating disorder awareness. new text end
new text begin
The league must provide school coaches with
eating disorder prevention education resources developed specifically for school coaches
about the nature and risks of eating disorders, including the risk factors, mitigation strategies,
effects, and risks of undiagnosed and untreated eating disorders, consistent with current
medical research.
new text end
Sec. 13.
Minnesota Statutes 2022, section 260E.14, subdivision 1, is amended to read:
Subdivision 1.
Facilities and schools.
(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 new text begin at leastnew text end 18 deleted text begin to 21deleted text end new text begin but not
yet 22new text end 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.
ARTICLE 9
EARLY LEARNING
Section 1.
Minnesota Statutes 2022, section 120A.05, subdivision 10a, is amended to read:
Subd. 10a.
Kindergarten.
"Kindergarten" means a program designed for pupils five
years of age on September 1 of the calendar year in which the school year commences that
prepares pupils to enter first grade the following school year. deleted text begin A program designed for pupils
younger than five years of age on September 1 of the calendar year in which the school year
commences that prepares pupils to enter kindergarten the following school year is a
prekindergarten program.
deleted text end
Sec. 2.
Minnesota Statutes 2022, section 120A.05, is amended by adding a subdivision to
read:
new text begin Subd. 11a. new text end
new text begin Prekindergarten. new text end
new text begin
"Prekindergarten" means a program designed for pupils
younger than five years of age on September 1 of the calendar year in which the school year
commences that prepares pupils to enter kindergarten the following school year.
new text end
Sec. 3.
Minnesota Statutes 2022, section 124D.151, as amended by Laws 2023, chapter
55, article 9, section 19; and article 10, section 1, is amended to read:
124D.151 VOLUNTARY PREKINDERGARTEN PROGRAMnew text begin FOR ELIGIBLE
FOUR-YEAR-OLD CHILDRENnew text end .
Subdivision 1.
Establishment; purpose.
A district, a charter school, a group of districts,
a group of charter schools, or a group of districts and charter schools may establish a
voluntary prekindergarten programnew text begin for eligible four-year-old childrennew text end . The purpose of a
voluntary prekindergarten program is to deleted text begin preparedeleted text end new text begin supportnew text end children new text begin and their families and
prepare them new text end for success deleted text begin as they enterdeleted text end new text begin innew text end kindergarten deleted text begin in the following yeardeleted text end new text begin and beyondnew text end .
Subd. 2.
Program requirements.
(a) A voluntary prekindergarten program provider
must:
(1) provide instruction through play-based learning to foster children's social and
emotional development, cognitive development, physical and motor development, and
language and literacy skills, including the native language and literacy skills of English
learners, to the extent practicable;
(2) deleted text begin measuredeleted text end new text begin assessnew text end each child's deleted text begin cognitive and social skills using a formative measure
aligned todeleted text end new text begin progress towardnew text end the state's early learning standards when the child enters and
again before the child leaves the programdeleted text begin , screening and progress monitoring measures,
and other age-appropriate versions from the state-approved menu of kindergarten entry
profile measuresdeleted text end new text begin using a commissioner-approved formative, developmentally appropriate
assessment and report results and demographic data to the department in a form and manner
prescribed by the commissionernew text end ;
(3) provide comprehensive program content new text begin aligned with the state early learning
standards, new text end including the implementation of curriculum, assessment, and new text begin intentional
new text end instructional strategies deleted text begin aligned with the state early learning standards, and kindergartendeleted text end new text begin that
support transition to kindergartennew text end through grade 3 academic standards;
(4) provide instructional content and activities that are of sufficient length and intensity
to address learning needs including offering a program with at least 350 hours of instruction
per school year for a prekindergarten student;
(5) provide voluntary prekindergarten instructional staff salaries comparable to the
salaries of local kindergarten through grade 12 instructional staff;
(6) coordinate appropriate kindergarten transition with families, deleted text begin community-baseddeleted text end
prekindergarten programsdeleted text begin ,deleted text end new text begin offered by Head Start, licensed center and licensed family child
care, community-based organizations, new text end and school district kindergarten programs;
(7) involve parents in program deleted text begin planningdeleted text end new text begin decision-makingnew text end and transition planning by
implementing parent engagement strategies that include culturally and linguistically
responsive activities in prekindergarten through third grade that are aligned with early
childhood family education under section 124D.13;
(8) coordinate with relevant community-based services, including health and social
service agencies, to ensure children have access to comprehensive services;
(9) coordinate with all relevant school district programs and services including early
childhood special education, homeless students, and English learners;
(10) ensure staff-to-child ratios of one-to-ten and a maximum group size of 20 children;
(11) provide high-quality coordinated professional development, training, and coaching
for deleted text begin bothdeleted text end new text begin staff innew text end school deleted text begin district and community-based early learningdeleted text end new text begin districts and in
prekindergarten programs offered by Head Start, licensed center and licensed family child
carenew text end providersnew text begin , and community-based organizationsnew text end that is informed by a measure of
adult-child interactions and enables teachers to be highly knowledgeable in early childhood
curriculum content, assessment, native and English language development programs, and
instruction; and
(12) implement strategies that support the alignment of professional development,
instruction, assessments, and prekindergarten through grade 3 curricula.
(b) A voluntary prekindergarten program must have teachers knowledgeable in early
childhood curriculum content, assessment, native and English language programs, and
instructionnew text begin , and licensed according to section 122A.261new text end .
deleted text begin
(c) Districts and charter schools must include their strategy for implementing and
measuring the impact of their voluntary prekindergarten program under section 120B.11
and provide results in their world's best workforce annual summary to the commissioner of
education.
deleted text end
Subd. 3.
Mixed delivery deleted text begin of servicesdeleted text end new text begin program plannew text end .
A district or charter school may
contract with a charter school, Head Start deleted text begin or child care centers, family child care programs
licensed under section 245A.03deleted text end new text begin program, licensed center and licensed family child carenew text end , or
a community-based organization to provide eligible children with developmentally
appropriate services that meet the program requirements in subdivision 2. Components of
a mixed-delivery plan include strategies for recruitment, contracting, and monitoring of
fiscal compliance and program quality.
Subd. 4.
Eligibility.
deleted text begin Adeleted text end new text begin (a) An eligiblenew text end child new text begin means a child new text end whonew text begin :
new text end
new text begin (1)new text end is four years of age as of September 1 in the calendar year in which the school year
commences deleted text begin is eligible to participate in a voluntary prekindergarten program free of charge.
An eligible four-year-old child served in a mixed-delivery system by a child care center,
family child care program licensed under section 245A.03, or community-based organization
may be charged a fee as long as the mixed-delivery partner was not awarded a seat for that
child.deleted text end new text begin ; and
new text end
new text begin
(2) meets at least one of the following criteria:
new text end
new text begin
(i) qualifies for free or reduced-priced meals;
new text end
new text begin
(ii) qualifies for the rate at application specified in section 119B.09, subdivision 1,
paragraph (a), clause (2), in the current calendar year;
new text end
new text begin
(iii) is an English language learner as defined by section 124D.59, subdivision 2;
new text end
new text begin
(iv) is American Indian;
new text end
new text begin
(v) has experienced homelessness in the last 24 months, as defined under the federal
McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 1143a;
new text end
new text begin
(vi) was identified as having a potential risk factor that may influence learning through
health and developmental screening under sections 121A.16 to 121A.19;
new text end
new text begin
(vii) is in foster care; is in kinship care, including children receiving Northstar kinship
care assistance under chapter 256N; or is in need of child protection services;
new text end
new text begin
(viii) has a parent who is a migrant or seasonal agricultural laborer under section 181.85;
new text end
new text begin
(ix) has a parent who is incarcerated; or
new text end
new text begin
(x) is defined as at-risk by the school district.
new text end
new text begin
(b) School districts and charter schools must use state funding for eligible children to
the extent it is available. A child may participate in a voluntary prekindergarten program
on a fee-for-service basis if the child does not meet the eligibility criteria in paragraph (a)
or state funding is not available. A school district or charter school must adopt a sliding-fee
schedule based upon family income and must waive a fee for a participant unable to pay.
new text end
new text begin (c)new text end Each eligible child must complete a health and developmental screening within 90
days of program enrollment under sections 121A.16 to 121A.19, and provide documentation
of required immunizations under section 121A.15.
new text begin
(d) A child with an individualized education program may not be excluded from
participation in a program under this section if all other eligibility requirements are satisfied
and the individualized education program team determines that with reasonable
accommodations the child can fully participate and make progress toward their goals and
objectives.
new text end
Subd. 5.
Application process; priority for high poverty schools.
(a) To qualify for
program approval for fiscal year deleted text begin 2017deleted text end new text begin 2026new text end , a district or charter school must submit an
application to the commissioner by deleted text begin July 1, 2016deleted text end new text begin January 30, 2025. Thereafter, the
commissioner must accept applications and approve programs every four yearsnew text end . To qualify
for program approval deleted text begin fordeleted text end new text begin afternew text end fiscal year deleted text begin 2018 and laterdeleted text end new text begin 2026new text end , a new text begin school new text end district or charter
school must submit an application to the commissioner by January 30 of the fiscal year
prior to the fiscal year in which the program will be implemented. The application must
include:
(1) a description of the proposed program, including the number of hours per week the
program will be offered at each school site or mixed-delivery location;
(2) an estimate of the number of eligible children to be served in the program at each
school site or mixed-delivery location; and
(3) a statement of assurances signed by the superintendent or charter school director that
the proposed program meets the requirements of subdivision 2.
(b) The commissioner must review all applications submitted deleted text begin for fiscal year 2017 by
August 1, 2016, and must review all applications submitted for fiscal year 2018 and laterdeleted text end
by March 1 of the fiscal year in which the applications are received and determine whether
each application meets the requirements of paragraph (a).
(c) The commissioner must divide all applications for new or expanded voluntary
prekindergarten programs under this section meeting the requirements of paragraph (a) and
school readiness plus programs into four groups as follows: the Minneapolis and St. Paul
school districts; other school districts located in the metropolitan equity region as defined
in section 126C.10, subdivision 28; school districts located in the rural equity region as
defined in section 126C.10, subdivision 28; and charter schools. Within each group, the
applications must be ordered by rank using a sliding scale based on the following criteria:
(1) concentration of kindergarten students eligible for free or reduced-price meals by
school site on October 1 of the previous school year. A school site may contract to partner
with a community-based provider or Head Start under subdivision 3 or establish an early
childhood center and use the concentration of kindergarten students eligible for free or
reduced-price meals from a specific school site as long as those eligible children are
prioritized and guaranteed services at the mixed-delivery site or early education center. For
school district programs to be operated at locations that do not have free and reduced-price
meals concentration data for kindergarten programs for October 1 of the previous school
year, including mixed-delivery programs, the school district average concentration of
kindergarten students eligible for free or reduced-price meals must be used for the rank
ordering;
(2) presence or absence of a three- or four-star Parent Aware rated program within the
school district or close proximity of the district. School sites with the highest concentration
of kindergarten students eligible for free or reduced-price meals that do not have a three-
or four-star Parent Aware program within the district or close proximity of the district shall
receive the highest priority, and school sites with the lowest concentration of kindergarten
students eligible for free or reduced-price meals that have a three- or four-star Parent Aware
rated program within the district or close proximity of the district shall receive the lowest
priority; and
(3) whether the district has implemented a mixed delivery system.
(d) The limit on participation for the programs as specified in subdivision 6 must initially
be allocated among the four groups based on each group's percentage share of the statewide
kindergarten enrollment on October 1 of the previous school year. Within each group, the
participation limit deleted text begin for fiscal years 2018 and 2019deleted text end must first be allocated to school sites
approved for aid in the previous deleted text begin yeardeleted text end new text begin allocation periodnew text end to ensure that those sites are funded
for the same number of participants as approved for the previous deleted text begin yeardeleted text end new text begin allocation periodnew text end .
The remainder of the participation limit for each group must be allocated among school
sites in priority order until that region's share of the participation limit is reached. If the
participation limit is not reached for all groups, the remaining amount must be allocated to
the highest priority school sites, as designated under this section, not funded in the initial
allocation on a statewide basis. deleted text begin For fiscal year 2020 and later, the participation limit must
first be allocated to school sites approved for aid in fiscal year 2017, and then to school
sites approved for aid in fiscal year 2018 based on the statewide rankings under paragraph
(c).
deleted text end
(e) Once a school site or a mixed delivery site under subdivision 3 is approved for aid
under this subdivision, it shall remain eligible for aid if it continues to meet program
requirements, regardless of changes in the concentration of students eligible for free or
reduced-price meals.
(f) If the total number of participants approved based on applications submitted under
paragraph (a) is less than the participation limit under subdivision 6, the commissioner must
notify all school districts and charter schools of the amount that remains available within
30 days of the initial application deadline under paragraph (a), and complete a second round
of allocations based on applications received within 60 days of the initial application deadline.
(g) Procedures for approving applications submitted under paragraph (f) shall be the
same as specified in paragraphs (a) to (d), except that the allocations shall be made to the
highest priority school sites not funded in the initial allocation on a statewide basis.
new text begin
(h) For nonapplication years, the commissioner must annually review the distribution
of seat allocations and may redistribute them between sites within a district at the district's
request and between districts for the year in which a district will not utilize its full allocation.
new text end
Subd. 6.
Participation limits.
(a) Notwithstanding section 126C.05, subdivision 1,
paragraph (c), the pupil units for a voluntary prekindergarten program for an eligible school
district or charter school must not exceed 60 percent of the kindergarten pupil units for that
school district or charter school under section 126C.05, subdivision 1, paragraph (d).
(b) In reviewing applications under subdivision 5, the commissioner must limit the total
number of participants in the voluntary prekindergarten deleted text begin and school readiness plus programs
under Laws 2017, First Special Session chapter 5, article 8, section 9,deleted text end new text begin programnew text end to not more
than 7,160 participants for fiscal years 2023, 2024, and 2025, and 12,360 participants for
fiscal year 2026 and later.
Subd. 7.
Financial accounting.
An eligible school district or charter school must record
expenditures attributable to voluntary prekindergarten pupils according to guidelines prepared
by the commissioner under section 127A.17.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 4.
Minnesota Statutes 2023 Supplement, section 124D.165, subdivision 2, is amended
to read:
Subd. 2.
Family eligibility.
(a) For a family to receive an early learning scholarship,
parents or guardians must have an eligible child and meet at least one of the following
requirements:
(1) have income equal to or less than:
(i) the at-application rate specified in section 119B.09, subdivision 1, paragraph (a),
clause (2), in the current calendar year; or
(ii) beginning July 1, 2025, the rate specified in United States Code, title 42, section
9858n(4)(B), as adjusted for family size;
(2) be able to document their child's current participation in the free and reduced-price
meals program or Child and Adult Care Food Program, National School Lunch Act, United
States Code, title 42, sections 1751 and 1766; the Food Distribution Program on Indian
Reservations, Food and Nutrition Act, United States Code, title 7, sections 2011-2036; Head
Start under the federal Improving Head Start for School Readiness Act of 2007; Minnesota
family investment program under chapter 256J; child care assistance programs under chapter
119B; the supplemental nutrition assistance program; or
(3) have new text begin or be new text end a child referred as in need of child protection services or placed in foster
care under section 260C.212.
(b) An "eligible child" means a child who has not yet enrolled in kindergarten and is not
yet five years of age on September 1 of the current school year.
(c) A child who has received a scholarship under this section must continue to receive
a scholarship each year until that child is eligible for kindergarten under section 120A.20
and as long as funds are available.
(d) Early learning scholarships may not be counted as earned income for the purposes
of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, Minnesota
family investment program under chapter 256J, child care assistance programs under chapter
119B, or Head Start under the federal Improving Head Start for School Readiness Act of
2007.
(e) A child from an adjoining state whose family resides at a Minnesota address as
assigned by the United States Postal Service, who has received developmental screening
under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district,
and whose family meets the criteria of paragraph (a) is eligible for an early learning
scholarship under this section.
Sec. 5.
Minnesota Statutes 2023 Supplement, section 124D.165, subdivision 2a, is amended
to read:
Subd. 2a.
Applications; priorities.
(a) The commissioner shall establish application
timelines and determine the schedule for awarding scholarships that meet the operational
needs of eligible families and programs.
(b) The commissioner must give highest priority to applications from children who:
(1) are not yet four years of age;
(2) have a parent under age 21 who is pursuing a high school diploma or a course of
study for a high school equivalency test;
(3) are in foster care;
(4) have been referred as in need of child protection services;
(5) have an incarcerated parent;
(6) new text begin are in or new text end have a parent in a substance use treatment program;
(7) new text begin are in or new text end have a parent in a mental health treatment program;
(8) have experienced domestic violence; deleted text begin or
deleted text end
new text begin
(9) have an individualized education program or individualized family service plan; or
new text end
deleted text begin (9)deleted text end new text begin (10)new text end have experienced homelessness in the last 24 months, as defined under the
federal McKinney-Vento Homeless Assistance Act, United States Code, title 42, section
1143a.
(c) Notwithstanding paragraph (b), beginning July 1, 2025, the commissioner must give
highest priority to applications from children in families with income equal to or less than
the rate specified under subdivision 2, paragraph (a), clause (1), item (i), and within this
group must prioritize children who meet one or more of the criteria listed in paragraph (b).
(d) The commissioner may prioritize applications on additional factors, including but
not limited to availability of funding, family income, geographic location, and whether the
child's family is on a waiting list for a publicly funded program providing early education
or child care services.
Sec. 6. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall remove the terms "school readiness plus" or "school readiness
plus programs" wherever they appear in Minnesota Statutes, chapters 119B, 121A, 122A,
124D, 126C, or 179A. The revisor shall also make necessary cross-reference changes,
technical language, and other changes necessitated by the changes in this act.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 7. new text begin REPEALER.
new text end
new text begin
Laws 2017, First Special Session chapter 5, article 8, section 9,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
ARTICLE 10
EDUCATION PARTNERSHIPS AND COMPACTS
Section 1.
Minnesota Statutes 2022, section 127A.70, subdivision 1, is amended to read:
Subdivision 1.
Establishment; membership.
(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
Sec. 2.
new text begin
[127A.82] MILITARY INTERSTATE CHILDREN'S COMPACT STATE
COUNCIL.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; membership. new 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 member of the senate 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 Subd. 2. new text end
new text begin Powers and duties; report. 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
Sec. 3.
new text begin
[127A.84] INTRASTATE STUDENT TRANSFERS FOR CHILDREN OF
MILITARY SERVICE MEMBERS.
new text end
new text begin
(a) Notwithstanding section 127A.85, article III, and for the purposes of intrastate student
transfers between Minnesota public schools, 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 public schools
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.
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APPENDIX
Repealed Minnesota Statutes: S3567-2
120B.31 SYSTEM ACCOUNTABILITY AND STATISTICAL ADJUSTMENTS.
Subd. 2.
Statewide testing.
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.
Subd. 6.
Retaliation prohibited.
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.
122A.185 TEACHER LICENSURE ASSESSMENT.
Subd. 4.
Remedial assistance.
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.
122A.2451 ALTERNATIVE TEACHER PREPARATION PROVIDERS AND PROGRAMS.
Subd. 9.
Reports.
(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.