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Minnesota Legislature

Office of the Revisor of Statutes

HF 1711

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/18/2019 03:54pm

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

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 2.1
2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31
2.32
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 4.1 4.2
4.3
4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15
4.16
4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24
5.25 5.26 5.27 5.28 5.29 5.30 5.31 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 7.1 7.2 7.3
7.4
7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28
7.29 7.30 7.31 7.32 7.33 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 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
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 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 11.34 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 13.31 13.32 14.1 14.2 14.3 14.4 14.5
14.6
14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29
14.30
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 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14
16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17
17.18 17.19
17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10
18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 19.1 19.2
19.3
19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 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 21.34 21.35 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 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 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 24.31 24.32 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
28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22
28.23
28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 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 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 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 34.1 34.2
34.3 34.4 34.5 34.6 34.7 34.8 34.9
34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31
35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18
35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 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 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
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 38.34 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
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 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 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 44.30
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 46.32 46.33 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 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
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
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 51.32
51.33
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 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 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 55.34 55.35 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21
56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 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 58.31 58.32 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34
61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19
63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14
64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 65.1 65.2 65.3 65.4 65.5
65.6 65.7 65.8 65.9
65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17
65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 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
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 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 69.1 69.2 69.3 69.4 69.5 69.6
69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30
69.31 69.32 69.33 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
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 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
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 76.34 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 77.35 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 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 79.34 79.35 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 80.34 80.35 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 81.31 81.32 81.33 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
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A bill for an act
relating to education; making technical and policy changes for prekindergarten
through grade 12 including general education, education excellence, teachers,
special education, health and safety, facilities, nutrition, and state agencies;
requiring reports;amending Minnesota Statutes 2018, sections 5A.03, subdivision
2; 120A.20, subdivision 2; 120A.22, subdivisions 5, 6, 11; 120A.24, subdivision
1; 120A.35; 120A.40; 120B.024, subdivision 1; 120B.11, subdivisions 1, 2, 3;
120B.12, subdivision 2; 120B.122, subdivision 1; 120B.21; 120B.30, subdivision
1; 120B.36, subdivision 1; 121A.22, subdivision 1, by adding a subdivision;
121A.335, subdivisions 3, 5; 121A.41, by adding subdivisions; 121A.45,
subdivision 1; 121A.46, by adding subdivisions; 121A.47, subdivisions 2, 14;
121A.53, subdivision 1; 121A.55; 122A.06, subdivisions 2, 5, 7, 8; 122A.07,
subdivisions 1, 2, 4a, by adding a subdivision; 122A.09, subdivision 9; 122A.091,
subdivision 1; 122A.092, subdivisions 5, 6; 122A.17; 122A.175, subdivision 2;
122A.18, subdivisions 7c, 8, 10; 122A.181, subdivisions 3, 5; 122A.182,
subdivisions 1, 3; 122A.183, subdivisions 2, 4; 122A.184, subdivisions 1, 3;
122A.185, subdivision 1; 122A.187, subdivision 3, by adding a subdivision;
122A.19, subdivision 4; 122A.20, subdivisions 1, 2; 122A.21; 122A.22; 122A.26,
subdivision 2; 122A.40, subdivision 8; 122A.41, subdivision 5; 122A.63,
subdivisions 1, 4, 5, 6, by adding a subdivision; 122A.70; 123A.64; 123B.143,
subdivision 1; 123B.41, subdivisions 2, 5; 123B.42, subdivision 3; 123B.49,
subdivision 4; 123B.52, subdivision 6; 123B.571; 124D.02, subdivision 1; 124D.09,
subdivisions 3, 10; 124D.111; 124D.165, subdivision 2; 124D.34, subdivisions 2,
3, 4, 5, 8, 12; 124D.78, subdivision 2; 124D.861, subdivision 2; 124E.13,
subdivision 3; 125A.08; 125A.091, subdivisions 3a, 7; 125A.50, subdivision 1;
126C.126; 127A.052; 136A.1275; 136A.1791, subdivisions 1, 2, 3, 4, 5; 136D.01;
136D.49; 214.01, subdivision 3; 471.345, subdivision 1; 626.556, subdivisions 2,
10, 11; 631.40, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapters 120A; 120B; 121A; 122A; 127A; 245C; repealing Minnesota Statutes
2018, sections 122A.09, subdivision 1; 122A.182, subdivision 2; 127A.051,
subdivision 7; 127A.14; 136D.93; Laws 2017, First Special Session chapter 5,
article 11, section 6; Minnesota Rules, part 8710.2100, subparts 1, 2.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2018, section 120A.20, subdivision 2, is amended to read:


Subd. 2.

Education, residence, and transportation of homeless.

(a) Notwithstanding
subdivision 1, a district must not deny free admission to a homeless pupil solely because
the district cannot determine that the pupil is a resident of the district.

(b) The school district of residence for a homeless pupil shall be the school district in
which the parent or legal guardian resides, unless: (1) parental rights have been terminated
by court order; (2) the parent or guardian is not living within the state; or (3) the parent or
guardian having legal custody of the child is an inmate of a Minnesota correctional facility
or is a resident of a halfway house under the supervision of the commissioner of corrections.
If any of clauses (1) to (3) apply, the school district of residence shall be the school district
in which the pupil resided when the qualifying event occurred. If no other district of residence
can be established, the school district of residence shall be the school district in which the
pupil currently resides. If there is a dispute between school districts regarding residency,
the district of residence is the district designated by the commissioner of education.

(c) new text beginExcept as provided in paragraph (d), new text endthe serving district is responsible for transporting
a homeless pupil to and from the pupil's district of residence. The district may transport
from a permanent home in another district but only through the end of the academic school
year. When a pupil is enrolled in a charter school, the district or school that provides
transportation for other pupils enrolled in the charter school is responsible for providing
transportation. When a homeless deleted text beginstudentdeleted text endnew text begin pupilnew text end with or without an individualized education
program attends a public school other than an independent or special school district or
charter school, the district of residence is responsible for transportation.

new text begin (d) For a homeless pupil with an individualized education plan enrolled in a program
authorized by an intermediate school district, special education cooperative, service
cooperative, or education district, the serving district at the time of the pupil's enrollment
in the program remains responsible for transporting that pupil for the remainder of the school
year, unless the initial serving district and the current serving district mutually agree that
the current serving district is responsible for transporting the homeless pupil.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 2.

new text begin [120A.21] ENROLLMENT OF A STUDENT IN FOSTER CARE.
new text end

new text begin Within seven school days of a student's placement in foster care and each placement
thereafter, a student who is placed in foster care must remain enrolled in the school the
student is enrolled in at the time of placement if it is in the student's best interests, or be
enrolled in a new school district. Pursuant to section 124D.08, subdivision 2b, if the student's
foster care placement is in another district, the student may remain enrolled in the prior
district.
new text end

Sec. 3.

Minnesota Statutes 2018, section 120A.35, is amended to read:


120A.35 ABSENCE FROM SCHOOL FOR RELIGIOUS OBSERVANCE.

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 observance.new text begin A school board
must provide annual notice to parents of the school district's policy relating to a pupil's
absence from school for a religious observance. A school board may satisfy the notice
requirement by including the notice in a student handbook containing school policies or by
posting the notice on the district website.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2018, section 120A.40, is amended to read:


120A.40 SCHOOL CALENDAR.

(a) Except for learning programs during summer, flexible learning year programs
authorized under sections 124D.12 to 124D.127, and learning year programs under section
124D.128, a district must not commence an elementary or secondary school year before
Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops
may be held before Labor Day. Districts that enter into cooperative agreements are
encouraged to adopt similar school calendars.

(b) A district may begin the school year on any day before Labor Day:

(1) to accommodate a construction or remodeling project of $400,000 or more affecting
a district school facility;

(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35 with a
district that qualifies under clause (1); or

(3) if the district agrees to the same schedule with a school district in an adjoining state.

new text begin (c) A school board may consider the community's religious observances when adopting
an annual school calendar.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2018, section 123A.64, is amended to read:


123A.64 DUTY TO MAINTAIN ELEMENTARY AND SECONDARY SCHOOLS.

Each district must maintain classified elementary and secondary schools, deleted text begingrades 1deleted text endnew text begin
kindergarten
new text end throughnew text begin gradenew text end 12, unless the district is exempt according to section 123A.61
or 123A.62, has made an agreement with another district or districts as provided in sections
123A.30, 123A.32, or sections 123A.35 to 123A.43, or 123A.17, subdivision 7, has received
a grant under sections 123A.441 to 123A.445, or has formed a cooperative under section
123A.482. A district that has an agreement according to sections 123A.35 to 123A.43 or
123A.32 must operate a school with the number of grades required by those sections. A
district that has an agreement according to section 123A.30 or 123A.17, subdivision 7, or
has received a grant under sections 123A.441 to 123A.445 must operate a school for the
grades not included in the agreement, but not fewer than three grades.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2018, section 123B.143, subdivision 1, is amended to read:


Subdivision 1.

Contract; duties.

new text begin(a) new text endAll districts maintaining a classified secondary
school must employ a superintendent who deleted text beginshall bedeleted text endnew text begin must serve asnew text end an ex officio nonvoting
member of the school board. The authority for selection and employment of a superintendent
must be vested in the board in all cases.

new text begin (b)new text end An individual employed by a board as a superintendent deleted text beginshalldeleted text endnew text begin mustnew text end have an initial
employment contract for a period of time no longer than three years from the date of
employment. Any subsequent employment contract must not exceed a period of three years.
A board, at its discretion, may or may not renew an employment contract. A board must
not, by action or inaction, extend the duration of an existing employment contract. Beginning
365 days prior to the expiration date of an existing employment contract, a board may
negotiate and enter into a subsequent employment contract to take effect upon the expiration
of the existing contract. A subsequent contract must be contingent upon the employee
completing the terms of an existing contract. If a contract between a board and a
superintendent is terminated prior to the date specified in the contract, the board may not
enter into another superintendent contract with that same individual that has a term that
extends beyond the date specified in the terminated contract.

new text begin (c)new text end A board may terminate a superintendent during the term of an employment contract
for any of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent
deleted text begin shalldeleted text endnew text begin mustnew text end not rely upon an employment contract with a board to assert any other continuing
contract rights in the position of superintendent under section 122A.40. Notwithstanding
the provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other
law to the contrary, no individual deleted text beginshall havedeleted text endnew text begin hasnew text end a right to employment as a superintendent
based on order of employment in any district.

new text begin (d)new text end If two or more districts enter into an agreement for the purchase or sharing of the
services of a superintendent, the contracting districts have the absolute right to select one
of the individuals employed to serve as superintendent in one of the contracting districts
and no individual has a right to employment as the superintendent to provide all or part of
the services based on order of employment in a contracting district.

new text begin (e)new text end The superintendent of a district deleted text beginshalldeleted text endnew text begin mustnew text end perform the following:

(1) visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;

(2) recommend to the board employment and dismissal of teachers;

(3) annually evaluate each school principal assigned responsibility for supervising a
school building within the district, consistent with section 123B.147, subdivision 3, paragraph
(b);

(4) superintend school grading practices and examinations for promotions;

(5) make reports required by the commissioner; and

(6) perform other duties prescribed by the board.

Sec. 7.

Minnesota Statutes 2018, section 123B.41, subdivision 2, is amended to read:


Subd. 2.

Textbook.

(a) "Textbook" means any book or book substitute, including
electronic books as well as other printed materials delivered electronically, which a pupil
uses as a text or text substitute in a particular class or program in the school regularly
attended and a copy of which is expected to be available for the individual use of each pupil
in this class or program. Textbook includes an online book with an annual subscription cost.new text begin
Textbook includes a teacher's edition, teacher's guide, or other materials that accompany a
textbook that a pupil uses when the teacher's edition, teacher's guide, or other teacher
materials are packaged physically or electronically with textbooks for student use.
new text end

(b) For purposes of calculating the annual nonpublic pupil aid entitlement for textbooks,
the term shall be limited to books, workbooks, or manuals, whether bound or in loose-leaf
form, as well as electronic books and other printed materials delivered electronically,
intended for use as a principal source of study material for a given class or a group of
students.

(c) For purposes of sections 123B.40 to 123B.48, the terms "textbook" and "software
or other educational technology" include only such secular, neutral, and nonideological
materials as are available, used by, or of benefit to Minnesota public school pupils.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2018, section 123B.41, subdivision 5, is amended to read:


Subd. 5.

Individualized instructional or cooperative learning materials.

new text begin(a)
new text end "Individualized instructional or cooperative learning materials" means educational materials
which:

deleted text begin (a)deleted text endnew text begin (1)new text end are designed primarily for individual pupil use or use by pupils in a cooperative
learning group in a particular class or program in the school the pupil regularly attendsnew text begin,
including teacher materials that accompany materials that a pupil uses
new text end;

deleted text begin (b)deleted text endnew text begin (2)new text end are secular, neutral, nonideological and not capable of diversion for religious
use; and

deleted text begin (c)deleted text endnew text begin (3)new text end are available, used by, or of benefit to Minnesota public school pupils.

new text begin (b) new text endSubject to the requirements in deleted text beginclauses (a), (b), and (c)deleted text endnew text begin paragraph (a)new text end, "individualized
instructional or cooperative learning materials" include, but are not limited to, the following
if they do not fall within the definition of "textbook" in subdivision 2: published materials;
periodicals; documents; pamphlets; photographs; reproductions; pictorial or graphic works;
prerecorded video programs; prerecorded tapes, cassettes and other sound recordings;
manipulative materials; desk charts; games; study prints and pictures; desk maps; models;
learning kits; blocks or cubes; flash cards; individualized multimedia systems; prepared
instructional computer software programs; choral and band sheet music; electronic books
and other printed materials delivered electronically; and CD-Rom.

new text begin (c) new text end"Individualized instructional or cooperative learning materials" do not include
instructional equipment, instructional hardware, or ordinary daily consumable classroom
supplies.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2018, section 123B.42, subdivision 3, is amended to read:


Subd. 3.

Cost; limitation.

(a) The cost per pupil of the textbooks, individualized
instructional or cooperative learning materials, software or other educational technology,
and standardized tests provided for in this section for each school year must not exceed the
statewide average expenditure per pupil, adjusted pursuant to deleted text beginclausedeleted text endnew text begin paragraphnew text end (b), by the
Minnesota public elementary and secondary schools for textbooks, individualized
instructional materials and standardized tests as computed and established by the department
by February 1 of the preceding school year from the most recent public school year data
then available.

(b) The cost computed in deleted text beginclausedeleted text endnew text begin paragraphnew text end (a) shall be increased by an inflation
adjustment equal to the percent of increase in the formula allowance, pursuant to section
126C.10, subdivision 2, from the second preceding school year to the current school year.
deleted text begin Notwithstanding the amount of the formula allowance for fiscal years 2015 and 2016 in
section 126C.10, subdivision 2, the commissioner shall use the amount of the formula
allowance for the current year minus $414 in determining the inflation adjustment for fiscal
years 2015 and 2016.
deleted text end

(c) The commissioner shall allot to the districts or intermediary service areas the total
cost for each school year of providing or loaning the textbooks, individualized instructional
or cooperative learning materials, software or other educational technology, and standardized
tests for the pupils in each nonpublic school. The allotment shall not exceed the product of
the statewide average expenditure per pupil, according to deleted text beginclausedeleted text endnew text begin paragraphnew text end (a), adjusted
pursuant to deleted text beginclausedeleted text endnew text begin paragraphnew text end (b), multiplied by the number of nonpublic school pupils who
make requests pursuant to this section and who are enrolled as of September 15 of the current
school year.

Sec. 10.

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


Subd. 4.

Board control of extracurricular activities.

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

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

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

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

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

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

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

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

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

Sec. 11.

Minnesota Statutes 2018, section 126C.126, is amended to read:


126C.126 USE OF GENERAL EDUCATION REVENUE FOR deleted text beginALL-DAYdeleted text end
KINDERGARTEN AND PREKINDERGARTEN.

A school district may spend general education revenue on extended time kindergarten
and prekindergarten programs. At the school board's discretion, the district may use revenue
generated by the deleted text beginall-daydeleted text end kindergarten pupil count under section 126C.05, subdivision 1,
paragraph (d), to meet the needs of three- and four-year-olds in the district. deleted text beginA school district
may not use these funds on programs for three- and four-year-old children while maintaining
a fee-based all-day kindergarten program.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

new text begin [127A.20] EVIDENCE-BASED EDUCATION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose and applicability. new text end

new text begin The purpose of this section is to create a
process to describe, measure, and report on the effectiveness of any prekindergarten through
grade 12 grant programs funded in whole or in part through funds appropriated by the
legislature to the commissioner of education for grants to organizations. The evidence-based
evaluation required by this section applies to all grants awarded by the commissioner of
education on or after July 1, 2019.
new text end

new text begin Subd. 2. new text end

new text begin Goals. new text end

new text begin Each applicant for a grant awarded by the commissioner of education
must include in the grant application a statement of the goals of the grant. To the extent
practicable, the goals must be aligned to the state's world's best workforce and the federally
required Every Student Succeeds Act accountability systems.
new text end

new text begin Subd. 3. new text end

new text begin Strategies and data. new text end

new text begin Each applicant must include in the grant application a
description of the strategies that will be used to meet the goals specified in the application.
The applicant must also include a plan to collect data to measure the effectiveness of the
strategies outlined in the grant application.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin Within 180 days of the end of the grant period, each grant recipient
must compile a report that describes the data that was collected and evaluate the effectiveness
of the strategies. The evidence-based report may identify or propose alternative strategies
based on the results of the data. The report must be submitted to the commissioner of
education and to the chairs and ranking minority members of the legislative committees
with jurisdiction over prekindergarten through grade 12 education. The report must be filed
with the Legislative Reference Library according to section 3.195.
new text end

new text begin Subd. 5. new text end

new text begin Grant defined. new text end

new text begin For purposes of this section, a grant means money appropriated
from the state general fund to the commissioner of education for distribution to the grant
recipients.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 13. new text beginSCHOOL START DATE FOR THE 2020-2021 AND 2021-2022 SCHOOL
YEARS ONLY.
new text end

new text begin Notwithstanding Minnesota Statutes, section 120A.40, or any other law to the contrary,
for the 2020-2021 school year only, school districts may begin the school year on August
31, and for the 2021-2022 school year only, school districts may begin the school year on
August 30.
new text end

Sec. 14. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 127A.14, 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 the day following final enactment.
new text end

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

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


Subd. 2.

Placing Minnesota students in travel abroad programs.

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

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

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

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

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

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

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

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

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

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

Sec. 2.

Minnesota Statutes 2018, section 120A.22, subdivision 5, is amended to read:


Subd. 5.

Ages and terms.

(a) Every child between deleted text beginsevendeleted text endnew text begin sixnew text end and 17 years of age must
receive instruction unless the child has graduated. Every child under the age of deleted text beginsevendeleted text endnew text begin sixnew text end
who is enrolled in deleted text begina half-daydeleted text end kindergartendeleted text begin, or a full-day kindergarten program on alternate
days, or other kindergarten programs shall
deleted text endnew text begin mustnew text end receive instructionnew text begin for the hours established
for that program
new text end. Except as provided in subdivision 6, a parent may withdraw a child under
the age of deleted text beginsevendeleted text endnew text begin sixnew text end from enrollment at any time.

(b) A school district by annual board action may require children subject to this
subdivision to receive instruction in summer school. A district that acts to require children
to receive instruction in summer school deleted text beginshalldeleted text endnew text begin mustnew text end establish at the time of its action the
criteria for determining which children must receive instruction.

(c) A pupil 16 years of age or older who meets the criteria of section 124D.68, subdivision
2, and under clause (5) of that subdivision has been excluded or expelled from school or
under clause (11) of that subdivision has been chronically truant may be referred to an area
learning center. Such referral may be made only after consulting the principal, area learning
center director, student, and parent or guardian and only if, in the school administrator's
professional judgment, the referral is in the best educational interest of the pupil. Nothing
in this paragraph limits a pupil's eligibility to apply to enroll in other eligible programs
under section 124D.68.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2018, section 120A.22, subdivision 6, is amended to read:


Subd. 6.

Children under deleted text beginsevendeleted text endnew text begin age sixnew text end.

(a) Once a pupil under the age of deleted text beginsevendeleted text endnew text begin sixnew text end is
enrolled in kindergarten or a higher grade in a public school, the pupil is subject to the
compulsory attendance provisions of this chapter and section 120A.34, unless the board of
the district in which the pupil is enrolled has a policy that exempts children under deleted text beginsevendeleted text endnew text begin sixnew text end
from this subdivision.

(b) In a district in which children under deleted text beginsevendeleted text endnew text begin the age of sixnew text end are subject to compulsory
attendance under this subdivision, paragraphs (c) to (e) apply.

(c) A parent or guardian may withdraw the pupil from enrollment in the school for good
cause by notifying the district. Good cause includes, but is not limited to, enrollment of the
pupil in another school, as defined in subdivision 4, or the immaturity of the child.

(d) When the pupil enrolls, the enrolling official must provide the parent or guardian
who enrolls the pupil with a written explanation of the provisions of this subdivision.

(e) A pupil under the age of deleted text beginsevendeleted text endnew text begin sixnew text end who is withdrawn from enrollment in the public
school under paragraph (c) is no longer subject to the compulsory attendance provisions of
this chapter.

(f) In a district that had adopted a policy to exempt children under deleted text beginsevendeleted text endnew text begin the age of sixnew text end
from this subdivision, the district's chief attendance officer must keep the truancy enforcement
authorities supplied with a copy of the board's current policy certified by the clerk of the
board.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2018, section 120A.22, subdivision 11, is amended to read:


Subd. 11.

Assessment of performance.

(a) Each year the performance of every child
ages deleted text beginsevendeleted text endnew text begin sixnew text end through 16 and every child ages 16 through 17 for which an initial report
was filed pursuant to section 120A.24, subdivision 1, after the child is 16 and who is not
enrolled in a public school must be assessed using a nationally norm-referenced standardized
achievement examination. The superintendent of the district in which the child receives
instruction and the person in charge of the child's instruction must agree about the specific
examination to be used and the administration and location of the examination.

(b) To the extent the examination in paragraph (a) does not provide assessment in all of
the subject areas in subdivision 9, the parent must assess the child's performance in the
applicable subject area. This requirement applies only to a parent who provides instruction
and does not meet the requirements of subdivision 10, clause (1), (2), or (3).

(c) If the results of the assessments in paragraphs (a) and (b) indicate that the child's
performance on the total battery score is at or below the 30th percentile or one grade level
below the performance level for children of the same age, the parent must obtain additional
evaluation of the child's abilities and performance for the purpose of determining whether
the child has learning problems.

(d) A child receiving instruction from a nonpublic school, person, or institution that is
accredited by an accrediting agency, recognized according to section 123B.445, or recognized
by the commissioner, is exempt from the requirements of this subdivision.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2018, section 120A.24, subdivision 1, is amended to read:


Subdivision 1.

Reports to superintendent.

(a) The person or nonpublic school in charge
of providing instruction to a child must submit to the superintendent of the district in which
the child resides the name, birth date, and address of the child; the annual tests intended to
be used under section 120A.22, subdivision 11, if required; the name of each instructor;
and evidence of compliance with one of the requirements specified in section 120A.22,
subdivision 10
:

(1) by October 1 of the first school year the child receives instruction after reaching the
age of deleted text beginsevendeleted text endnew text begin sixnew text end;

(2) within 15 days of when a parent withdraws a child from public school after age deleted text beginsevendeleted text endnew text begin
six
new text end to provide instruction in a nonpublic school that is not accredited by a state-recognized
accredited agency;

(3) within 15 days of moving out of a district; and

(4) by October 1 after a new resident district is established.

(b) The person or nonpublic school in charge of providing instruction to a child between
the ages of deleted text beginsevendeleted text endnew text begin sixnew text end and 16 and every child ages 16 through 17 for which an initial report
was filed pursuant to this subdivision after the child is 16 must submit, by October 1 of each
school year, a letter of intent to continue to provide instruction under this section for all
students under the person's or school's supervision and any changes to the information
required in paragraph (a) for each student.

(c) The superintendent may collect the required information under this section through
an electronic or web-based format, but must not require electronic submission of information
under this section from the person in charge of reporting under this subdivision.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2018, section 120B.024, subdivision 1, is amended to read:


Subdivision 1.

Graduation requirements.

Students deleted text beginbeginning 9th grade in the 2011-2012
school year and later
deleted text end must successfully complete the following high school level credits for
graduation:

(1) four credits of language arts sufficient to satisfy all of the academic standards in
English language arts;

(2) three credits of mathematics, including an algebra II credit or its equivalent, sufficient
to satisfy all of the academic standards in mathematics;

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

(4) three credits of science, including at least one credit of biology, one credit of chemistry
or physics, and one elective credit of science. The combination of credits under this clause
must be sufficient to satisfy (i) all of the academic standards in either chemistry or physics
and (ii) all other academic standards in science;

(5) three and one-half credits of social studies, new text beginincluding credit for a course in government
and citizenship, which must include instruction on diverse cultures, in either 11th or 12th
grade for students beginning 9th grade in the 2020-2021 school year and later, and a
combination of other credits
new text endencompassing at least United States history, geography,
deleted text begin government and citizenship,deleted text end world history, and economics sufficient to satisfy all of the
academic standards in social studies;

(6) one credit of the arts sufficient to satisfy all of the state or local academic standards
in the arts; deleted text beginand
deleted text end

(7) new text beginfor students beginning 9th grade in the 2020-2021 school year and later, new text enda minimum
of deleted text beginsevendeleted text endnew text begin six and one-halfnew text end elective creditsnew text begin; and
new text end

new text begin (8) for students beginning 9th grade in the 2020-2021 school year and later, at least
one-half credit for a course in personal finance
new text end.

Sec. 7.

Minnesota Statutes 2018, section 120B.11, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For the purposes of this section and section 120B.10, the
following terms have the meanings given them.

(a) "Instruction" means methods of providing learning experiences that enable a student
to meet state and district academic standards and graduation requirements including applied
and experiential learning.

new text begin (b) "Civic life" means public engagement activities consistent with section 120B.30,
subdivision 1, paragraph (r).
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end "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.

deleted text begin (c)deleted text endnew text begin (d)new text end "World's best workforce" means striving to: meet school readiness goals; have
all third grade students achieve grade-level literacy; close the academic achievement gap
among all racial and ethnic groups of students and between students living in poverty and
students not living in poverty; have all students attain career and college readiness before
graduating from high school; and have all students graduate from high school.

deleted text begin (d)deleted text endnew text begin (e)new text end "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.

Sec. 8.

Minnesota Statutes 2018, section 120B.11, subdivision 2, is amended to read:


Subd. 2.

Adopting plans and budgets.

A school board, at a public meeting, deleted text beginshalldeleted text endnew text begin mustnew text end
adopt a comprehensive, long-term strategic plan to support and improve teaching and
learning that is aligned with creating the world's best workforce and includes:

(1) clearly defined district and school site goals and benchmarks for instruction and
student achievement for all student subgroups identified in section 120B.35, subdivision 3,
paragraph (b), clause (2);

(2) a process to assess and evaluate each student's progress toward meeting state and
local academic standards, assess and identify students to participate in gifted and talented
programs and accelerate their instruction, and adopt early-admission procedures consistent
with section 120B.15, and identifying the strengths and weaknesses of instruction in pursuit
of student and school success and curriculum affecting students' progress and growth toward
career and college readiness and leading to the world's best workforce;

(3) a system to periodically review and evaluate the effectiveness of all instruction and
curriculum, taking into account strategies and best practices, student outcomes, school
principal evaluations under section 123B.147, subdivision 3, students' access to effective
teachers who are members of populations underrepresented among the licensed teachers in
the district or school and who reflect the diversity of enrolled students under section 120B.35,
subdivision 3
, paragraph (b), clause (2), and teacher evaluations under section 122A.40,
subdivision 8
, or 122A.41, subdivision 5;

(4) strategies for improving instruction, curriculum, and student achievement, includingnew text begin:
(i)
new text end the English and, where practicable, the native language development and the academic
achievement of English learnersnew text begin and (ii) for all learners, access to culturally relevant or
ethnic studies curriculum using culturally responsive methodologies
new text end;

(5) a process to examine the equitable distribution of teachers and strategies to ensure
new text begin children from new text endlow-income deleted text beginand minority childrendeleted text endnew text begin families, families of color, and American
Indian families
new text end are not taught at higher rates than other children by inexperienced, ineffective,
or out-of-field teachers;

(6) education effectiveness practices that integrate high-quality instructiondeleted text begin,deleted text endnew text begin;new text end rigorous
curriculumdeleted text begin,deleted text endnew text begin;new text end technologydeleted text begin,deleted text endnew text begin; inclusive and respectful learning and work environments for all
students, families, and employees;
new text end and a collaborative professional culture that deleted text begindevelops
and supports
deleted text endnew text begin retains qualified, racially, and ethnically diverse staff effective at working
with diverse students while developing and supporting
new text end teacher quality, performance, and
effectiveness; and

(7) an annual budget for continuing to implement the district plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all strategic plans reviewed and
updated after the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2018, section 120B.11, subdivision 3, is amended to read:


Subd. 3.

District advisory committee.

new text begin(a) new text endEach school board deleted text beginshalldeleted text endnew text begin mustnew text end establish an
advisory committee to ensure active community participation in all phases of planning and
improving the instruction and curriculum affecting state and district academic standards,
consistent with subdivision 2. A district advisory committee, to the extent possible, deleted text beginshalldeleted text endnew text begin
must
new text end reflect the diversity of the district and its school sites, include teachers, parents, support
staff, students, and other community residents, and provide translation to the extent
appropriate and practicable. The district advisory committee deleted text beginshalldeleted text endnew text begin mustnew text end pursue community
support to accelerate the academic and native literacy and achievement of English learners
with varied needs, from young children to adults, consistent with section 124D.59,
subdivisions 2
and 2a. The district may establish site teams as subcommittees of the district
advisory committee under subdivision 4.

new text begin (b)new text end The district advisory committee deleted text beginshalldeleted text endnew text begin mustnew text end recommend to the school boardnew text begin:
new text end

new text begin (1)new text end rigorous academic standardsdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2)new text end student achievement goals and measures consistent with subdivision 1a and sections
120B.022, subdivisions 1a and 1b, and 120B.35deleted text begin,deleted text endnew text begin;
new text end

new text begin (3)new text end district assessmentsdeleted text begin,deleted text endnew text begin;
new text end

new text begin (4)new text end means to improve students' equitable access to effective and more diverse teachersdeleted text begin,deleted text endnew text begin;
new text end

new text begin (5) strategies to ensure the curriculum and learning and work environments are inclusive
and respectful toward all racial and ethnic groups;
new text end and

new text begin (6)new text end program evaluations.

new text begin (c)new text end School sites may expand upon district evaluations of instruction, curriculum,
assessments, or programs. Whenever possible, parents and other community residents deleted text beginshalldeleted text endnew text begin
must
new text end comprise at least two-thirds of advisory committee members.

Sec. 10.

Minnesota Statutes 2018, section 120B.12, subdivision 2, is amended to read:


Subd. 2.

Identification; report.

(a) Each school district deleted text beginshalldeleted text endnew text begin mustnew text end identify before the
end of kindergarten, grade 1, and grade 2 new text beginall new text endstudents who are not reading at grade level
deleted text begin before the end of the current school year and shalldeleted text endnew text begin. Students identified as not reading at
grade level by the end of kindergarten, grade 1, and grade 2 must be screened for
characteristics of dyslexia.
new text end

new text begin (b)new text end deleted text beginidentifydeleted text end Students in grade 3 or higher who demonstrate a reading difficulty to a
classroom teachernew text begin must be screened for characteristics of dyslexia, unless a different reason
for the reading difficulty has been identified
new text end.

new text begin (c)new text end Reading assessments 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 English learners. The district must use a locally adopted,
developmentally appropriate, and culturally responsive assessment and annually report
summary assessment results to the commissioner by July 1.

new text begin (d)new text end The district also must annually report to the commissioner by July 1 a summary of
the district's efforts to screen and identify students with:

(1) dyslexia, using screening tools such as those recommended by the department's
dyslexia specialist; or

(2) convergence insufficiency disorder.

deleted text begin (b)deleted text endnew text begin (e)new text end A student identified under this subdivision must be provided with alternate
instruction under section 125A.56, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 11.

Minnesota Statutes 2018, section 120B.30, subdivision 1, is amended to read:


Subdivision 1.

Statewide testing.

(a) The commissioner, with advice from experts with
appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, shall include in the comprehensive assessment system, for each grade level
to be tested, state-constructed tests developed as computer-adaptive reading and mathematics
assessments for students that are aligned with the state's required academic standards under
section 120B.021, include multiple choice questions, and are administered annually to all
students in grades 3 through 8. State-developed high school tests aligned with the state's
required academic standards under section 120B.021 and administered to all high school
students in a subject other than writing must include multiple choice questions. The
commissioner shall establish one or more months during which schools shall administer
the tests to students each school year.

(1) Students enrolled in grade 8 through the 2009-2010 school year are eligible to be
assessed under (i) the graduation-required assessment for diploma in reading, mathematics,
or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1, paragraphs (c),
clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment, (iii) the Compass
college placement test, (iv) the ACT assessment for college admission, (v) a nationally
recognized armed services vocational aptitude test.

(2) Students enrolled in grade 8 in the 2010-2011 or 2011-2012 school year are eligible
to be assessed under (i) the graduation-required assessment for diploma in reading,
mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1,
paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii) the Compass
college placement test, (iv) the ACT assessment for college admission, (v) a nationally
recognized armed services vocational aptitude test.

(3) For students under clause (1) or (2), a school district may substitute a score from an
alternative, equivalent assessment to satisfy the requirements of this paragraph.

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

(1) mathematics;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(o) The commissioner shall 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 average daily attendance, high school
graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College 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.

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

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

new text begin (r) For purposes of statewide accountability, an understanding of "civic life" means
student learning experiences that include public engagement activities such as: (1)
volunteering as an election judge; (2) serving as a poll watcher; (3) contacting public officials
on a matter of public interest; (4) writing a letter to the editor; (5) registering to vote or
participating in a nonpartisan voter registration drive; or (6) other public interest activities
authorized by the school board, including but not limited to: (i) volunteering on a matter of
political interest; (ii) participating in a nonprofit organization; or (iii) participating in a
charity event.
new text end

Sec. 12.

Minnesota Statutes 2018, section 120B.36, subdivision 1, is amended to read:


Subdivision 1.

School performance reports and public reporting.

(a) The commissioner
shall reportnew text begin:
new text end

new text begin (1)new text end student academic performance data under section 120B.35, subdivisions 2 and 3;

new text begin (2)new text end the percentages of students showing low, medium, and high growth under section
120B.35, subdivision 3, paragraph (b);

new text begin (3)new text end school safety and student engagement and connection under section 120B.35,
subdivision 3, paragraph (d);

new text begin (4)new text end rigorous coursework under section 120B.35, subdivision 3, paragraph (c);

new text begin (5)new text end 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.30, subdivision 1, and 120B.35, subdivision 3, paragraph
(e);

new text begin (6)new text end 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;

new text begin (7)new text end 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;

new text begin (8) the percentage of students who graduated in the previous school year who correctly
answered at least 30 of 50 civics test questions in accordance with section 120B.02,
subdivision 3;
new text end

new text begin (9)new text end 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;

new text begin (10)new text end staff characteristics excluding salaries;

new text begin (11)new text end student enrollment demographics;

new text begin (12)new text end 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

new text begin (13)new text end 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 September 1, except
that in years when the reports reflect new performance standards, the commissioner shall
post the school performance reports no later than October 1.

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

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


new text begin Subd. 12. new text end

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

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


new text begin Subd. 13. new text end

new text begin Pupil withdrawal agreements. new text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2018, section 121A.45, subdivision 1, is amended to read:


Subdivision 1.

Provision of alternative programs.

No school shall dismiss any pupil
without attempting to deleted text beginprovide alternative educational servicesdeleted text endnew text begin use nonexclusionary
disciplinary policies and practices
new text end before new text begina new text enddismissal deleted text beginproceedingsdeleted text endnew text begin proceeding or a pupil
withdrawal agreement
new text end, except where it appears that the pupil will create an immediate and
substantial danger to self or to surrounding persons or property.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

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


new text begin Subd. 5. new text end

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

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


new text begin Subd. 6. new text end

new text begin Minimum education services. new text end

new text begin School officials must give a suspended pupil
a reasonable opportunity to complete all school work assigned during the pupil's suspension
and to receive full credit for satisfactorily completing the assignments. The school principal
or other person having administrative control of the school building or program is encouraged
to designate a district or school employee as a liaison to work with the pupil's teachers to
allow the suspended pupil to (1) receive timely course materials and other information, and
(2) complete daily and weekly assignments and receive teachers' feedback. Nothing in this
subdivision limits the teacher's authority to assign alternative work for the completion of
assignments during a suspension.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 18.

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


Subd. 2.

Written notice.

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

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

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 19.

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


Subd. 14.

Admission or readmission plan.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 20.

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


Subdivision 1.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 21.

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


121A.55 POLICIES TO BE ESTABLISHED.

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

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

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

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

new text begin (2) if school-linked mental health services are provided in the district under section
245.4889, pupils continue to be eligible for those services until they are enrolled in a new
district; and
new text end

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 22.

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 them.
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.
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 person 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. 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: (1) is defamatory; (2) is profane, harassing, threatening, or intimidating;
(3) constitutes an unwarranted invasion of privacy; (4) violates federal or state law; (5)
causes a material and substantial disruption of school activities; or (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) A school or district must not authorize any prior restraint of school-sponsored media
except under paragraph (a).
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 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 2019-2020 school year and later.
new text end

Sec. 23.

Minnesota Statutes 2018, section 124D.02, subdivision 1, is amended to read:


Subdivision 1.

Kindergarten instruction.

new text begin(a) new text endThe board deleted text beginmay establish and maintain
one or more kindergartens for the instruction of children and after July 1, 1974, shall
deleted text endnew text begin mustnew text end
provide kindergarten instruction deleted text beginfordeleted text endnew text begin free of charge tonew text end all eligible childrendeleted text begin, eitherdeleted text end in the
district deleted text beginor in another districtdeleted text end. deleted text beginAll children to be eligible for kindergarten must bedeleted text endnew text begin A child is
eligible for kindergarten if the child is
new text end at least five years of age on September 1 of the
calendar year in which the school year commencesdeleted text begin. In addition all children selecteddeleted text endnew text begin, or is
admitted
new text end under an early admissions policy established by the school board deleted text beginmay be admitteddeleted text end.

new text begin (b)new text end If established, a board-adopted early admissions policy must describe the process
and procedures for comprehensive evaluation in cognitive, social, and emotional
developmental domains to help determine the child's ability to meet kindergarten grade
expectations and progress to first grade in the subsequent year. The comprehensive evaluation
must use valid and reliable instrumentation, be aligned with state kindergarten expectations,
and include a parent report and teacher observations of the child's knowledge, skills, and
abilities. The early admissions policy must be made available to parents in an accessible
format and is subject to review by the commissioner of education. The evaluation is subject
to section 127A.41.

new text begin (c)new text end Nothing in this section shall prohibit a school district from establishing Head Start,
prekindergarten, or nursery school classes for children below kindergarten age. Any school
board with evidence that providing kindergarten will cause an extraordinary hardship on
the school district may apply to the commissioner of education for an exception.

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

Minnesota Statutes 2018, section 124D.09, subdivision 3, is amended to read:


Subd. 3.

Definitions.

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

(a) "Eligible institution" means a Minnesota public postsecondary institution, a private,
nonprofit two-year trade and technical school granting associate degrees, an opportunities
industrialization center accredited by deleted text beginthe North Central Association of Colleges and Schoolsdeleted text endnew text begin
a United States Department of Education recognized accrediting agency
new text end, or a private,
residential, two-year or four-year, liberal arts, degree-granting college or university located
in Minnesota.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

Minnesota Statutes 2018, section 124D.165, subdivision 2, is amended to read:


Subd. 2.

Family eligibility.

(a) For a family to receive an early learning scholarship,
parents or guardians must meet the following eligibility requirements:

(1) have an eligible child; and

(2) have income equal to or less than 185 percent of federal poverty level income in the
current calendar year, or be able to document their child's current participation in the free
and reduced-price lunch program or Child and Adult Care Food Program, National School
Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food Distribution
Program on Indian Reservations, Food and Nutrition Act, United States Code, title 7, sections
2011-2036; Head Start under the federal Improving Head Start for School Readiness Act
of 2007; Minnesota family investment program under chapter 256J; child care assistance
programs under chapter 119B; the supplemental nutrition assistance program; or placement
in foster care under section 260C.212.new text begin Parents or guardians are not required to provide
income verification under this clause if the child is an eligible child under paragraph (b),
clause (4) or (5).
new text end

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

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

(2) a sibling from birth to age five of a child who has been awarded a scholarship under
this section provided the sibling attends the same program as long as funds are available;

(3) the child of a parent under age 21 who is pursuing a high school degree or a course
of study for a high school equivalency test; deleted text beginor
deleted text end

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

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

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

(c) A child who has received a scholarship under this section must continue to receive
a scholarship each year until that child is eligible for kindergarten under section 120A.20
and as long as funds are available.

(d) Early learning scholarships may not be counted as earned income for the purposes
of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, Minnesota
family investment program under chapter 256J, child care assistance programs under chapter
119B, or Head Start under the federal Improving Head Start for School Readiness Act of
2007.

(e) A child from an adjoining state whose family resides at a Minnesota address as
assigned by the United States Postal Service, who has received developmental screening
under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district,
and whose family meets the criteria of paragraph (a) is eligible for an early learning
scholarship under this section.

Sec. 26.

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


Subd. 2.

Creation of foundation.

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

Sec. 27.

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


Subd. 3.

Board of directors.

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

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

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

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

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

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

Sec. 28.

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


Subd. 4.

Foundation programs.

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

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

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

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

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

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

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

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

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

Sec. 29.

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


Subd. 5.

Powers and duties.

The foundation may:

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

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

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

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

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

(6) identifying an appropriate name for the foundation.

Sec. 30.

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


Subd. 8.

Public funding.

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

Sec. 31.

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


Subd. 12.

Student organizations.

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

Sec. 32.

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


Subd. 2.

Resolution of concurrence.

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

Sec. 33.

Minnesota Statutes 2018, section 124E.13, subdivision 3, is amended to read:


Subd. 3.

Affiliated nonprofit building corporation.

(a) An affiliated nonprofit building
corporation may purchase, expand, or renovate an existing facility to serve as a school or
may construct a new school facility. new text beginAn affiliated nonprofit building corporation may only
serve one charter school.
new text endA charter school may organize an affiliated nonprofit building
corporation if the charter school:

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

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

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

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

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

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

(1) be incorporated under section 317A;

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

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

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

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

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

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

ARTICLE 3

TEACHERS

Section 1.

new text begin [120B.117] INCREASING THE PERCENTAGE OF TEACHERS OF
COLOR AND AMERICAN INDIAN TEACHERS IN MINNESOTA.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin In order to address students' and families' persistent inequitable
access to diverse teachers, this section sets short-term and long-term state goals for increasing
the percentage of teachers of color and American Indian teachers in Minnesota toward
ensuring all students have equitable access to effective and diverse teachers who reflect the
diversity of students. The goals and report required under this section are also important
for meeting state goals for the world's best workforce under section 120B.11, achievement
and integration under section 124D.861, and higher education attainment under section
135A.012, all of which have been established to close persistent opportunity and achievement
gaps that limit students' success in school and life and impede the state's economic growth.
new text end

new text begin Subd. 2. new text end

new text begin Equitable access to diverse teachers. new text end

new text begin The percentage of teachers who are of
color or American Indian in Minnesota should increase at least two percentage points per
year to have a teaching workforce that more closely reflects the state's increasingly diverse
student population and ensure all students have equitable access to effective and diverse
teachers by 2040.
new text end

new text begin Subd. 3. new text end

new text begin Rights not created. new text end

new text begin The attainment goal in this section is not to the exclusion
of any other goals and does not confer a right or create a claim for any person.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin Beginning in 2019 and every odd-numbered year thereafter, the
Professional Educator Licensing and Standards Board must collaborate with the Department
of Education and the Office of Higher Education to collate and summarize reports from the
programs they each 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.2451, 122A.59, 122A.63, 122A.70, 124D.09, 124D.861,
136A.1275, 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 report on the effectiveness of 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 also include recommendations for state policy and funding needed to achieve
the goals of this section, as well as 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 2019 report must include a recommendation of whether or
not 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 state Indian Affairs and ethnic
councils along with other community and stakeholder groups, including students of color,
in developing the report. By October 1 of each odd-numbered year, the board must submit
the report to the chairs and ranking minority members of the legislative committees with
jurisdiction over education and higher education policy and finance. The report must be
available to the public on the board's website.
new text end

Sec. 2.

Minnesota Statutes 2018, section 122A.06, subdivision 2, is amended to read:


Subd. 2.

Teacher.

"Teacher" means a classroom teacher or other similar professional
employee required to hold a license new text beginor permission new text endfrom the Professional Educator Licensing
and Standards Board.

Sec. 3.

Minnesota Statutes 2018, section 122A.06, subdivision 5, is amended to read:


Subd. 5.

Field.

A "fieldnew text begin,new text end" new text begin"licensure area," new text endor "subject area" means the content area in
which a teacher may become licensed to teach.

Sec. 4.

Minnesota Statutes 2018, section 122A.06, subdivision 7, is amended to read:


Subd. 7.

Teacher preparation program.

"Teacher preparation program" means a
program approved by the Professional Educator Licensing and Standards Board for the
purpose of preparing individuals for a specific teacher licensure field in Minnesota. deleted text beginTeacher
preparation programs include traditional programs delivered by postsecondary institutions,
alternative teacher preparation programs, and nonconventional teacher preparation programs.
deleted text end

Sec. 5.

Minnesota Statutes 2018, section 122A.06, subdivision 8, is amended to read:


Subd. 8.

Teacher preparation program provider.

"Teacher preparation program
provider" or "unit" means an entity that has primary responsibility for overseeing and
delivering a teacher preparation program.new text begin Teacher preparation program providers include
postsecondary institutions and alternative teacher preparation providers aligned to section
122A.2451.
new text end

Sec. 6.

Minnesota Statutes 2018, section 122A.07, subdivision 1, is amended to read:


Subdivision 1.

Appointment of members.

The Professional Educator Licensing and
Standards Board consists of deleted text begin11deleted text endnew text begin 14new text end members appointed by the governor, with the advice and
consent of the senate. Membership terms, compensation of members, removal of members,
the filling of membership vacancies, and fiscal year and reporting requirements are as
provided in sections 214.07 to 214.09. No member may be reappointed for more than one
additional term.

Sec. 7.

Minnesota Statutes 2018, section 122A.07, subdivision 2, is amended to read:


Subd. 2.

Eligibility; board composition.

Each nominee, other than a public nominee,
must be selected on the basis of professional experience and knowledge of teacher education,
accreditation, and licensure. The board must be composed of:

(1) deleted text beginsixdeleted text end new text begineight new text endteachers who are currently teaching in a Minnesota school or who were
teaching at the time of the appointment, have at least five years of teaching experience, and
were not serving in an administrative function at a school district or school when appointed.
The deleted text beginsixdeleted text endnew text begin eightnew text end teachers must include the following:

(i) one teacher in a charter school;

(ii) one teacher from the seven-county metropolitan area, as defined in section 473.121,
subdivision 2;

(iii) one teacher from outside the seven-county metropolitan area;

(iv) one teacher from a related service category licensed by the board;

(v) one special education teacher; and

new text begin (vi) three teachers that represent current or emerging trends in education;
new text end

deleted text begin (vi)deleted text endnew text begin (2)new text end one teacher deleted text beginfromdeleted text end new text begineducator currently teaching in new text enda new text beginMinnesota-approved new text endteacher
preparation programdeleted text begin;deleted text endnew text begin who has previously taught for at least five years in a birth through
grade 12 setting;
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end one superintendent that alternates each term between a superintendent from the
seven-county metropolitan area, as defined in section 473.121, subdivision 2, and a
superintendent from outside the metropolitan area;

deleted text begin (3)deleted text endnew text begin (4)new text end one school district human resources director;

deleted text begin (4)deleted text endnew text begin (5)new text end one administrator of a cooperative unit under section 123A.24, subdivision 2,
who oversees a special education programnew text begin and who has previously taught for at least five
years in a birth through grade 12 setting
new text end;

deleted text begin (5)deleted text endnew text begin (6)new text end one principal that alternates each term between an elementary and a secondary
school principal; and

deleted text begin (6)deleted text endnew text begin (7)new text end one member of the public that may be a current or former school board member.

Sec. 8.

Minnesota Statutes 2018, section 122A.07, subdivision 4a, is amended to read:


Subd. 4a.

Administration.

(a) The executive director of the board deleted text beginshalldeleted text endnew text begin mustnew text end be the
chief administrative officer for the board but deleted text beginshalldeleted text endnew text begin mustnew text end not be a member of the board. The
executive director deleted text beginshalldeleted text endnew text begin mustnew text end maintain the records of the board, account for all fees received
by the board, supervise and direct employees servicing the board, and perform other services
as directed by the board.

(b) The Department of Administration must provide administrative support in accordance
with section 16B.371. The commissioner of administration must assess the board for services
it provides under this section.

deleted text begin (c) The Department of Education must provide suitable offices and other space to the
board at reasonable cost until January 1, 2020. Thereafter, the board may contract with
either the Department of Education or the Department of Administration for the provision
of suitable offices and other space, joint conference and hearing facilities, and examination
rooms.
deleted text end

Sec. 9.

Minnesota Statutes 2018, section 122A.07, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Public employer compensation reduction prohibited. new text end

new text begin The public employer
of a member must not reduce the member's compensation or benefits for the member's
absence from employment when engaging in the business of the board.
new text end

Sec. 10.

Minnesota Statutes 2018, section 122A.09, subdivision 9, is amended to read:


Subd. 9.

Professional Educator Licensing and Standards Board must adopt rules.

(a)
The Professional Educator Licensing and Standards Board must adopt rules subject to the
provisions of chapter 14 to implement sections 120B.363, 122A.05 to 122A.09, 122A.092,
122A.16, 122A.17, 122A.18, 122A.181, 122A.182, 122A.183, 122A.184, 122A.185,
122A.187, 122A.188, 122A.20, 122A.21, 122A.23,new text begin 122A.2451,new text end 122A.26, 122A.28, and
122A.29.

(b) The board must adopt rules relating to fields of licensure, including a process for
granting permission to a licensed teacher to teach in a field that is different from the teacher's
field of licensure without change to the teacher's license tier level.

(c) The board must adopt rules relating to the grade levels that a licensed teacher may
teach.

(d) If a rule adopted by the board is in conflict with a session law or statute, the law or
statute prevails. Terms adopted in rule must be clearly defined and must not be construed
to conflict with terms adopted in statute or session law.

(e) The board must include a description of a proposed rule's probable effect on teacher
supply and demand in the board's statement of need and reasonableness under section 14.131.

(f) The board must adopt rules only under the specific statutory authority.

Sec. 11.

Minnesota Statutes 2018, section 122A.091, subdivision 1, is amended to read:


Subdivision 1.

Teacher and administrator preparation and performance data;
report.

(a) The Professional Educator Licensing and Standards Board and the Board of
School Administrators, in cooperation with board-adopted teacher or administrator
preparation programs, annually must collect and report summary data on teacher and
administrator preparation and performance outcomes, consistent with this subdivision. The
Professional Educator Licensing and Standards Board and the Board of School Administrators
annually by June 1 must update and post the reported summary preparation and performance
data on teachers and administrators from the preceding school years on a website hosted
jointly by the boards.

(b) Publicly reported summary data on teacher preparation programs must include:

(1) student entrance requirements for each Professional Educator Licensing and Standards
Board-approved program, including grade point average for enrolling students in the
preceding year;

(2) the average board-adopted skills examination or ACT or SAT scores of students
entering the program in the preceding year;

(3) summary data on faculty qualifications, including at least the content areas of faculty
undergraduate and graduate degrees and their years of experience either as kindergarten
through grade 12 classroom teachers or school administrators;

(4) the average time resident and nonresident program graduates in the preceding year
needed to complete the program;

(5) the current number and percentage of students by program who graduated, received
a standard Minnesota teaching license, and were hired to teach full time in their licensure
field in a Minnesota district or school in the preceding year disaggregated by race, except
when disaggregation would not yield statistically reliable results or would reveal personally
identifiable information about an individual;

(6) the number of content area credits and other credits by undergraduate program that
students in the preceding school year needed to complete to graduate;

(7) students' pass rates on skills and subject matter exams required for graduation in
each program and licensure area in the preceding school year;

(8) survey results measuring student and deleted text begingraduatedeleted text end new text beginprogram completer new text endsatisfaction with
the program in the preceding school year disaggregated by race, except when disaggregation
would not yield statistically reliable results or would reveal personally identifiable
information about an individual;

(9) a standard measure of the satisfaction of school principals or supervising teachers
with the deleted text beginstudent teachersdeleted text end new text beginprogram completer new text endassigned to a school or supervising teacher;
and

(10) information under subdivision 3, paragraphs (a) and (b).

Program reporting must be consistent with subdivision 2.

(c) Publicly reported summary data on administrator preparation programs approved by
the Board of School Administrators must include:

(1) summary data on faculty qualifications, including at least the content areas of faculty
undergraduate and graduate degrees and the years of experience either as kindergarten
through grade 12 classroom teachers or school administrators;

(2) the average time program graduates in the preceding year needed to complete the
program;

(3) the current number and percentage of students who graduated, received a standard
Minnesota administrator license, and were employed as an administrator in a Minnesota
school district or school in the preceding year disaggregated by race, except when
disaggregation would not yield statistically reliable results or would reveal personally
identifiable information about an individual;

(4) the number of credits by graduate program that students in the preceding school year
needed to complete to graduate;

(5) survey results measuring student, graduate, and employer satisfaction with the
program in the preceding school year disaggregated by race, except when disaggregation
would not yield statistically reliable results or would reveal personally identifiable
information about an individual; and

(6) information under subdivision 3, paragraphs (c) and (d).

Program reporting must be consistent with section 122A.14, subdivision 10.

Sec. 12.

Minnesota Statutes 2018, section 122A.092, subdivision 5, is amended to read:


Subd. 5.

Reading strategies.

(a) All deleted text begincolleges and universitiesdeleted text end new text beginpreparation providers
new text end approved by the Professional Educator Licensing and Standards Board to prepare persons
for classroom teacher licensure must include in their teacher preparation programs
research-based best practices in reading, consistent with section 122A.06, subdivision 4,
that enables the licensure candidate to teach reading in the candidate's content areas. Teacher
candidates must be instructed in using students' native languages as a resource in creating
effective differentiated instructional strategies for English learners developing literacy skills.
These colleges and universities also must prepare early childhood and elementary teacher
candidates for Tier 3 and Tier 4 teaching licenses under sections 122A.183 and 122A.184,
respectively, for the portion of the examination under section 122A.185, subdivision 1,
paragraph (c), covering assessment of reading instruction.

(b) Board-approved teacher preparation programs for teachers of elementary education
must require instruction in applying comprehensive, scientifically based, and balanced
reading instruction programs that:

(1) teach students to read using foundational knowledge, practices, and strategies
consistent with section 122A.06, subdivision 4, so that all students achieve continuous
progress in reading; and

(2) teach specialized instruction in reading strategies, interventions, and remediations
that enable students of all ages and proficiency levels to become proficient readers.

(c) Nothing in this section limits the authority of a school district to select a school's
reading program or curriculum.

Sec. 13.

Minnesota Statutes 2018, section 122A.092, subdivision 6, is amended to read:


Subd. 6.

Technology strategies.

All deleted text begincolleges and universitiesdeleted text end new text beginpreparation providers
new text end approved by the Professional Educator Licensing and Standards Board to prepare persons
for classroom teacher licensure must include in their teacher preparation programs the
knowledge and skills teacher candidates need to engage students with technology and deliver
digital and blended learning and curriculum.

Sec. 14.

Minnesota Statutes 2018, section 122A.17, is amended to read:


122A.17 VALIDITY OF CERTIFICATES OR LICENSES.

deleted text begin (a)deleted text end A rule adopted by the Board of Teaching or the Professional Educator Licensing and
Standards Board must not affect the validity of certificates or licenses to teach in effect on
July 1, 1974, or the rights and privileges of the holders thereof, except that any such
certificate or license may be suspended or revoked for any of the causes and by the procedures
specified by law.

deleted text begin (b) All teacher licenses in effect on January 1, 2018, shall remain valid for one additional
year after the date the license is scheduled to expire.
deleted text end

Sec. 15.

Minnesota Statutes 2018, section 122A.175, subdivision 2, is amended to read:


Subd. 2.

Background check account.

An educator licensure background check account
is created in the special revenue fund. The deleted text beginDepartment of Education, thedeleted text end Professional
Educator Licensing and Standards Boarddeleted text begin,deleted text end and the Board of School Administrators must
deposit all payments submitted by license applicants for criminal background checks
deleted text begin conducted by the Bureau of Criminal Apprehensiondeleted text end in the educator licensure background
check account. Amounts in the account are annually appropriated to the deleted text begincommissioner of
education for payment to the superintendent of the Bureau of Criminal Apprehension
deleted text endnew text begin
Professional Educator Licensing and Standards Board
new text end for the costs of background checks
on applicants for licensure.

Sec. 16.

Minnesota Statutes 2018, section 122A.18, subdivision 7c, is amended to read:


Subd. 7c.

Temporary military license.

The Professional Educator Licensing and
Standards Board shall establish a temporary license in accordance with section 197.4552
for teaching. The fee for a temporary license under this subdivision shall be deleted text begin$87.90 for an
online application or $86.40 for a paper application
deleted text endnew text begin $57new text end. The board must provide candidates
for a license under this subdivision with information regarding the tiered licensure system
provided in sections 122A.18 to 122A.184.

Sec. 17.

Minnesota Statutes 2018, section 122A.18, subdivision 8, is amended to read:


Subd. 8.

Background checks.

(a) The Professional Educator Licensing and Standards
Board and the Board of School Administrators must deleted text beginrequestdeleted text endnew text begin obtainnew text end a criminal history
background check deleted text beginfrom the superintendent of the Bureau of Criminal Apprehensiondeleted text end on all
first-time teaching applicants for licenses under their jurisdiction. Applicants must include
with their licensure applications:

(1) an executed criminal history consent form, including fingerprints; and

(2) deleted text begina money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history
deleted text end new text beginpayment to conduct thenew text end background check.

(b) The deleted text beginsuperintendent ofdeleted text end new text beginbackground check for all first-time teaching applicants for
licenses must include a review of information from
new text end the Bureau of Criminal Apprehension
deleted text begin shall perform the background check required under paragraph (a) by retrievingdeleted text endnew text begin, includingnew text end
criminal history data as defined in section 13.87new text begin,new text end and deleted text beginshalldeleted text end new text beginmustnew text end also deleted text beginconduct a searchdeleted text end new text begininclude
a review
new text end of the national criminal records repository. The superintendent new text beginof the Bureau of
Criminal Apprehension
new text end is authorized to exchange fingerprints with the Federal Bureau of
Investigation for purposes of the criminal history check. The superintendent shall recover
the cost to the bureau of a background check through the fee charged to the applicant under
paragraph (a).

deleted text begin (c) The Professional Educator Licensing and Standards Board or the Board of School
Administrators may issue a license pending completion of a background check under this
subdivision, but must notify the individual and the school district or charter school employing
the individual that the individual's license may be revoked based on the result of the
background check.
deleted text end

new text begin (c) The Professional Educator Licensing and Standards Board may contract with the
commissioner of human services to conduct background checks and obtain background
check data required under this chapter.
new text end

Sec. 18.

Minnesota Statutes 2018, section 122A.18, subdivision 10, is amended to read:


Subd. 10.

Licensure via portfolio.

(a) The Professional Educator Licensing and Standards
Board must adopt rules establishing a process for an eligible candidate to obtain deleted text beginany teacherdeleted text end
new text begin a Tier 3new text end license deleted text beginunder subdivision 1,deleted text end or to add a licensure fielddeleted text begin,deleted text end via portfolio. The portfolio
licensure application process must be consistent with the requirements in this subdivision.

(b) A candidate for a new text beginTier 3 new text endlicense new text beginvia portfolio new text endmust submit to the board one portfolio
demonstrating pedagogical competence and one portfolio demonstrating content competence.

(c) A candidate seeking to add a licensure field new text beginvia portfolio new text endmust submit to the board
one portfolio demonstrating content competence for each licensure field the candidate seeks
to add.

(d) The board must notify a candidate who submits a portfolio under paragraph (b) or
(c) within 90 calendar days after the portfolio is received whether or not the portfolio is
approved. If the portfolio is not approved, the board must immediately inform the candidate
how to revise the portfolio to successfully demonstrate the requisite competence. The
candidate may resubmit a revised portfolio at any time and the board must approve or
disapprove the revised portfolio within 60 calendar days of receiving it.

(e) A candidate must pay deleted text beginto the board a $300 fee for the first portfolio submitted for
review and a $200 fee for any portfolio submitted subsequently. The revenue generated
from the fee must be deposited in an education licensure portfolio account in the special
revenue fund. The fees are nonrefundable for applicants not qualifying for a license. The
board may waive or reduce fees for candidates based on financial need.
deleted text end new text begina fee for a portfolio
in accordance with section 122A.21, subdivision 4.
new text end

Sec. 19.

Minnesota Statutes 2018, section 122A.181, subdivision 3, is amended to read:


Subd. 3.

Term of license and renewal.

(a) The Professional Educator Licensing and
Standards Board must issue an initial Tier 1 license for a term of one year. A Tier 1 license
may be renewed subject to paragraphs (b) and (c). The board may submit written comments
to the district or charter school that requested the renewal regarding the candidate.

(b) The Professional Educator Licensing and Standards Board must renew a Tier 1
license if:

(1) the district or charter school requesting the renewal demonstrates that it has posted
the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license
for the position;

(2) the teacher holding the Tier 1 license took a content examination in accordance with
section 122A.185 and submitted the examination results to the teacher's employing district
or charter school within one year of the board approving the request for the initial Tier 1
license; and

(3) the teacher holding the Tier 1 license participated in cultural competency training
consistent with section 120B.30, subdivision 1, paragraph (q), within one year of the board
approving the request for the initial Tier 1 license.

The requirement in clause (2) does not apply to a teacher that teaches a class in a career and
technical education or career pathways course of study.

(c) A Tier 1 license must not be renewed more than deleted text beginthree timesdeleted text endnew text begin one timenew text end, unless the
requesting district or charter school can show good cause for additional renewals. deleted text beginA Tier 1
license issued to teach (1) a class or course in a career and technical education or career
pathway course of study or (2) in a shortage area, as defined in section 122A.06, subdivision
6
, may be renewed without limitation.
deleted text end

Sec. 20.

Minnesota Statutes 2018, section 122A.181, subdivision 5, is amended to read:


Subd. 5.

Limitations on license.

(a) A Tier 1 license is limited to the content matter
indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and
limited to the district or charter school that requested the initial Tier 1 license.

(b) A Tier 1 license does not bring an individual within the definition of a teacher for
purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).

deleted text begin (c) A Tier 1 license does not bring an individual within the definition of a teacher under
section 179A.03, subdivision 18.
deleted text end

Sec. 21.

Minnesota Statutes 2018, section 122A.182, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) The Professional Educator Licensing and Standards
Board must approve a request from a district or charter school to issue a Tier 2 license in a
specified content area to a candidate if:

(1) the candidate meets the educational or professional requirements in paragraph (b)
or (c);

(2) the candidate:

deleted text begin (i) has completed the coursework required under subdivision 2;
deleted text end

deleted text begin (ii)deleted text endnew text begin (i)new text end is enrolled in a Minnesota-approved teacher preparation programnew text begin, including an
alternative preparation program under section 122A.2451 or a state-approved teacher
preparation program if no licensure program exists in Minnesota
new text end; or

deleted text begin (iii) has a master's degree in the specified content areadeleted text endnew text begin (ii) has completed a state-approved
teacher preparation program but does not meet the requirements for a Tier 3 license
new text end; and

(3) the district or charter school demonstrates that a criminal background check under
section 122A.18, subdivision 8, has been completed on the candidate.

(b) A candidate for a Tier 2 license must have a bachelor's degree to teach a class outside
a career and technical education or career pathways course of study.

(c) A candidate for a Tier 2 license must have one of the following credentials in a
relevant content area to teach a class or course in a career and technical education or career
pathways course of study:

(1) an associate's degree;

(2) a professional certification; or

(3) five years of relevant work experience.

Sec. 22.

Minnesota Statutes 2018, section 122A.182, subdivision 3, is amended to read:


Subd. 3.

Term of license and renewal.

The Professional Educator Licensing and
Standards Board must issue an initial Tier 2 license for a term of two years. A Tier 2 license
may be renewed deleted text beginthreedeleted text end new text begintwo new text endtimes. Before a Tier 2 license is renewed for the first time, a
teacher holding a Tier 2 license must participate in cultural competency training consistent
with section 120B.30, subdivision 1, paragraph (q). The board must issue rules setting forth
the conditions for additional renewals after the initial license has been renewed deleted text beginthreedeleted text end new text begintwo
new text end times.

Sec. 23.

Minnesota Statutes 2018, section 122A.183, subdivision 2, is amended to read:


Subd. 2.

Coursework.

A candidate for a Tier 3 license must meet the coursework
requirement by demonstrating one of the following:

(1) completion of a Minnesota-approved teacher preparation program;

(2) completion of a state-approved teacher preparation program that includes field-specific
student teaching equivalent to field-specific student teaching in Minnesota-approved teacher
preparation programs. The field-specific student teaching requirement does not apply to a
candidate that has two years of teaching experience;

(3) submission of a content-specific licensure portfolio;new text begin or
new text end

(4) a professional teaching license from another state, evidence that the candidate's
license is in good standing, and two years of teaching experiencedeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (5) three years of teaching experience under a Tier 2 license and evidence of summative
teacher evaluations that did not result in placing or otherwise keeping the teacher on an
improvement process pursuant to section 122A.40, subdivision 8, or section 122A.41,
subdivision 5.
deleted text end

Sec. 24.

Minnesota Statutes 2018, section 122A.183, subdivision 4, is amended to read:


Subd. 4.

Mentorship and evaluation.

A teacher holding a Tier 3 license must participate
in deleted text beginthe employing district or charter school'sdeleted text end new text begina new text endmentorship and evaluation program, including
an individual growth and development plan.new text begin A teacher holding a Tier 3 license may satisfy
the mentorship requirement by participating in a mentorship program during the teacher's
first year in a new district or charter school, including a school year when the teacher held
a Tier 1 or Tier 2 license. No teacher holding a Tier 3 license may be required to serve as
a mentor to another teacher in order to fulfill this requirement.
new text end

Sec. 25.

Minnesota Statutes 2018, 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 a candidate who provides information sufficient to
demonstrate all of the following:

(1) the candidate meets all requirements for a Tier 3 license under section 122A.183,
and has completed a teacher preparation program under section 122A.183, subdivision 2,
clause (1) or (2);

(2) the candidate has at least three years of teaching experience in Minnesota;new text begin and
new text end

(3) the candidate has obtained a passing score on all required licensure exams under
section 122A.185deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (4) the candidate's most recent summative teacher evaluation did not result in placing
or otherwise keeping the teacher in an improvement process pursuant to section 122A.40,
subdivision 8, or 122A.41, subdivision 5.
deleted text end

Sec. 26.

Minnesota Statutes 2018, section 122A.184, subdivision 3, is amended to read:


Subd. 3.

Mentorship and evaluation.

A teacher holding a Tier 4 license must participate
in deleted text beginthe employing district or charter school'sdeleted text end new text begina new text endmentorship and evaluation program, including
an individual growth and development plan.new text begin A teacher holding a Tier 4 license may satisfy
the mentorship requirement by participating in a mentorship program during the teacher's
first year in a new district or charter school, including a school year when the teacher held
a Tier 1, 2, or 3 license. No teacher holding a Tier 4 license may be required to serve as a
mentor to another teacher in order to fulfill this requirement.
new text end

Sec. 27.

Minnesota Statutes 2018, section 122A.185, subdivision 1, is amended to read:


Subdivision 1.

Tests.

(a) The Professional Educator Licensing and Standards Board
must adopt rules requiring a candidate to demonstrate a passing score on a board-adopted
examination of skills in reading, writing, and mathematics before being granted a Tier 4
teaching license under section 122A.184 to provide direct instruction to pupils in elementary,
secondary, or special education programs. new text beginAn employing school or district may verify
through satisfactory overall job performance a Tier 3 teacher's skills in reading, writing,
and mathematics for teaching in the licensure field so the teacher may obtain a Tier 4 license.
new text end Candidates may obtain a Tier 1, Tier 2, or Tier 3 license to provide direct instruction to
pupils in elementary, secondary, or special education programs if candidates meet the other
requirements in section 122A.181, 122A.182, or 122A.183, respectively.new text begin All testing centers
must provide monthly opportunities for untimed skills examinations and must advertise
those opportunities on the test registration website.
new text end

(b) The board must adopt rules requiring candidates for Tier 3 and Tier 4 licenses to
pass an examination new text beginor performance assessment new text endof general pedagogical knowledge and
examinations of licensure field specific content. The content examination requirement does
not apply if no relevant content exam exists.new text begin All testing centers must provide monthly
opportunities for untimed pedagogy and content examinations and must advertise those
opportunities on the test registration website.
new text end

(c) Candidates for initial Tier 3 and Tier 4 licenses to teach elementary students must
pass test items assessing the candidates' knowledge, skill, and ability in comprehensive,
scientifically based reading instruction under section 122A.06, subdivision 4, knowledge
and understanding of the foundations of reading development, development of reading
comprehension and reading assessment and instruction, and the ability to integrate that
knowledge and understanding into instruction strategies under section 122A.06, subdivision
4.

(d) The requirement to pass a board-adopted reading, writing, and mathematics skills
examination does not apply to nonnative English speakers, as verified by qualified Minnesota
school district personnel or Minnesota higher education faculty, who, after meeting the
content and pedagogy requirements under this subdivision, apply for a teaching license to
provide direct instruction in their native language or world language instruction under section
120B.022, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 28.

Minnesota Statutes 2018, section 122A.187, subdivision 3, is amended to read:


Subd. 3.

Professional growth.

(a) Applicants for license renewal for a Tier 3 or Tier 4
license under sections 122A.183 and 122A.184, respectively, who have been employed as
a teacher during the renewal period of the expiring license, as a condition of license renewal,
must present to their local continuing education and relicensure committee or other local
relicensure committee evidence of work that demonstrates professional reflection and growth
in best teaching practicesdeleted text begin, including among other things, cultural competence in accordance
with section 120B.30, subdivision 1, paragraph (q), and practices in meeting the varied
needs of English learners, from young children to adults under section 124D.59, subdivisions
2 and 2a
deleted text end. A teacher may satisfy the requirements of this paragraph by submitting the teacher's
most recent summative evaluation or improvement plan under section 122A.40, subdivision
8, or 122A.41, subdivision 5.

(b) The Professional Educator Licensing and Standards Board must ensure that its teacher
relicensing requirements include paragraph (a).

Sec. 29.

Minnesota Statutes 2018, section 122A.187, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Cultural competency training. new text end

new text begin The Professional Educator Licensing and
Standards Board must adopt rules that require all licensed teachers who are renewing a Tier
3 or Tier 4 teaching license under sections 122A.183 and 122A.184, respectively, to include
in the renewal requirements cultural competency training and meeting the varied needs of
English learners from young children to adults under section 124D.59, subdivisions 2 and
2a.
new text end

Sec. 30.

Minnesota Statutes 2018, section 122A.19, subdivision 4, is amended to read:


Subd. 4.

Teacher preparation programs.

(a) For the purpose of licensing bilingual
and English as a second language teachers, the board may approve new text beginteacher preparation
new text end programs deleted text beginat colleges or universitiesdeleted text end designed for their training.

(b) Programs that prepare English as a second language teachers must provide instruction
in implementing research-based practices designed specifically for English learners. The
programs must focus on developing English learners' academic language proficiency in
English, including oral academic language, giving English learners meaningful access to
the full school curriculum, developing culturally relevant teaching practices appropriate for
immigrant students, and providing more intensive instruction and resources to English
learners with lower levels of academic English proficiency and varied needs, consistent
with section 124D.59, subdivisions 2 and 2a.

Sec. 31.

Minnesota Statutes 2018, section 122A.20, subdivision 1, is amended to read:


Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The Professional
Educator Licensing and Standards Board or Board of School Administrators, whichever
has jurisdiction over a teacher's licensure, may, on the written complaint of the school board
employing a teacher, a teacher organization, or any other interested person, new text beginissue
nondisciplinary corrective action,
new text endrefuse to issue, refuse to renew, suspend, or revoke a
teacher's license to teach for any of the following causes:

(1) immoral character or conduct;

(2) failure, without justifiable cause, to teach for the term of the teacher's contract;

(3) gross inefficiency or willful neglect of duty;

(4) failure to meet licensure requirements; deleted text beginor
deleted text end

(5) fraud or misrepresentation in obtaining a licensenew text begin; or
new text end

new text begin (6) engagement in any sexual conduct or contact with a studentnew text end.

The written complaint must specify the nature and character of the charges.

(b) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, shall refuse to issue,
refuse to renew, or automatically revoke a teacher's license to teach without the right to a
hearing upon receiving a certified copy of a conviction showing that the teacher has been
convicted ofnew text begin:
new text end

new text begin (1)new text end child abuse, as defined in section 609.185, new text beginprovided that a conviction for a violation
of section 609.224, subdivisions 1 and 2, assault in the fifth degree, or 609.2242, subdivisions
1 and 2, domestic assault, must not result in the automatic revocation of a teacher's license;
new text end

new text begin (2) new text endsex trafficking in the first degree under section 609.322, subdivision 1deleted text begin,deleted text endnew text begin;
new text end

new text begin (3) new text endsex trafficking in the second degree under section 609.322, subdivision 1adeleted text begin,deleted text endnew text begin;
new text end

new text begin (4)new text end engaging in hiring, deleted text beginordeleted text end agreeing to hire a minor to engage in prostitutionnew text begin, or housing
an unrelated minor engaged in prostitution
new text end under section 609.324, deleted text beginsubdivisiondeleted text end new text beginsubdivisions
new text end 1deleted text begin,deleted text endnew text begin and 1a;
new text end

new text begin (5) new text endnew text begincriminal new text endsexual deleted text beginabusedeleted text end new text beginconduct new text endunder section 609.342, 609.343, 609.344, 609.345,new text begin
or
new text end 609.3451, subdivision 3deleted text begin, ordeleted text endnew text begin;
new text end

new text begin (6) indecent exposure under sectionnew text end 617.23, deleted text beginsubdivisiondeleted text end new text beginsubdivisions 2 and new text end3deleted text begin,deleted text endnew text begin;
new text end

new text begin (7) new text endsolicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352deleted text begin,deleted text endnew text begin;
new text end

new text begin (8)new text end interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minordeleted text begin,deleted text endnew text begin;
new text end

new text begin (9) new text endusing minors in a sexual performance under section 617.246deleted text begin,deleted text endnew text begin;
new text end

new text begin (10)new text end possessing pornographic works involving a minor under section 617.247deleted text begin,deleted text endnew text begin;new text end or

new text begin (11)new text end any other offense not listed in this paragraph 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. The board shall send notice of this licensing action to the district in
which the teacher is currently employed.

(c) A person whose license to teach has been revoked, not issued, or not renewed under
paragraph (b), may petition the board to reconsider the licensing action if the person's
conviction for child abuse or sexual abuse is reversed by a final decision of the court of
appeals or the supreme court or if the person has received a pardon for the offense. The
petitioner shall attach a certified copy of the appellate court's final decision or the pardon
to the petition. Upon receiving the petition and its attachment, the board shall schedule and
hold a disciplinary hearing on the matter under section 214.10, subdivision 2, unless the
petitioner waives the right to a hearing. If the board finds that, notwithstanding the reversal
of the petitioner's criminal conviction or the issuance of a pardon, the petitioner is disqualified
from teaching under paragraph (a), clause (1), the board shall affirm its previous licensing
action. If the board finds that the petitioner is not disqualified from teaching under paragraph
(a), clause (1), it shall reverse its previous licensing action.

(d) new text beginThe Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, must review and may
refuse to issue, refuse to renew, or revoke a teacher's license to teach, upon receiving a
certified copy of a conviction showing that the teacher has been convicted of:
new text end

new text begin (1) a qualified, domestic violence-related offense as defined in section 609.02, subdivision
16; or
new text end

new text begin (2) embezzlement of public funds under section 609.54, clause (1) or (2).
new text end

new text begin If an offense included in clause (1) or (2) is already included in paragraph (b), the provisions
of paragraph (b) apply to the conduct.
new text end

new text begin (e) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, may suspend a teacher's
license pending an investigation into a report of conduct that would be grounds for revocation
under paragraph (b). The teacher's license is suspended until the licensing board completes
its disciplinary investigation and determines whether disciplinary action is necessary.
new text end

new text begin (f) new text endFor purposes of this subdivision, The Professional Educator Licensing and Standards
Board is delegated the authority to suspend or revoke coaching licenses.

Sec. 32.

Minnesota Statutes 2018, section 122A.20, subdivision 2, is amended to read:


Subd. 2.

Mandatory reporting.

(a) A school boardnew text begin, a superintendent, a charter school
board, a charter school executive director, or a charter school authorizer
new text end must report to the
Professional Educator Licensing and Standards Board, the Board of School Administrators,
or the Board of Trustees of the Minnesota State Colleges and Universities, whichever has
jurisdiction over the teacher's or administrator's license, when its teacher or administrator
is discharged or resigns from employment after a charge is filed with the school board under
section 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed
that are grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses
(1) to (5), or when a teacher or administrator is suspended or resigns while an investigation
is pending under section 122A.40, subdivision 13, paragraph (a), clauses (1) to (5); 122A.41,
subdivisions 6, clauses (1)
, (2), and (3), and 7; or 626.556, or when a teacher or administrator
is suspended without an investigation under section 122A.41, subdivisions 6, paragraph (a),
clauses (1), (2), and (3), and 7; or 626.556. The report must be made to the appropriate
licensing board within ten days after the discharge, suspension, or resignation has occurred.
The licensing board to which the report is made must investigate the report for violation of
subdivision 1 and the reporting boardnew text begin, administrator, or authorizernew text end must cooperate in the
investigation. Notwithstanding any provision in chapter 13 or any law to the contrary, upon
written request from the licensing board having jurisdiction over the license, a boardnew text begin, charter
school, authorizer, charter school executive director,
new text end or school superintendent shall provide
the licensing board with information about the teacher or administrator from the district's
files, any termination or disciplinary proceeding, any settlement or compromise, or any
investigative file. Upon written request from the appropriate licensing board, a board or
school superintendent may, at the discretion of the board or school superintendent, solicit
the written consent of a student and the student's parent to provide the licensing board with
information that may aid the licensing board in its investigation and license proceedings.
The licensing board's request need not identify a student or parent by name. The consent
of the student and the student's parent must meet the requirements of chapter 13 and Code
of Federal Regulations, title 34, section 99.30. The licensing board may provide a consent
form to the district. Any data transmitted to any board under this section is private data
under section 13.02, subdivision 12, notwithstanding any other classification of the data
when it was in the possession of any other agency.

(b) The licensing board to which a report is made must transmit to the Attorney General's
Office any record or data it receives under this subdivision for the sole purpose of having
the Attorney General's Office assist that board in its investigation. When the Attorney
General's Office has informed an employee of the appropriate licensing board in writing
that grounds exist to suspend or revoke a teacher's license to teach, that licensing board
must consider suspending or revoking or decline to suspend or revoke the teacher's or
administrator's license within 45 days of receiving a stipulation executed by the teacher or
administrator under investigation or a recommendation from an administrative law judge
that disciplinary action be taken.

(c) The Professional Educator Licensing and Standards Board and Board of School
Administrators must report to the appropriate law enforcement authorities a revocation,
suspension, or agreement involving a loss of license, relating to a teacher or administrator's
inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement
authority" means a police department, county sheriff, or tribal police department. A report
by the Professional Educator Licensing and Standards Board to appropriate law enforcement
authorities does not diminish, modify, or otherwise affect the responsibilities of a school
board or any person mandated to report abuse under section 626.556.

Sec. 33.

Minnesota Statutes 2018, section 122A.21, is amended to read:


122A.21 TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.

Subdivision 1.

Licensure applications.

Each applicant submitting an application to the
Professional Educator Licensing and Standards Board to issue, renew, or extend a teaching
license, including applications for licensure via portfolio under subdivision deleted text begin2deleted text endnew text begin 4new text end, must include
a processing fee of $57. The processing fee for a teacher's license and for the licenses of
supervisory personnel must be paid to the executive secretary of the appropriate board and
deposited in the educator licensure account in the special revenue fund. The fees as set by
the board are nonrefundable for applicants not qualifying for a license. However, the
commissioner of management and budget must refund a fee in any case in which the applicant
already holds a valid unexpired license. The board may waive or reduce fees for applicants
who apply at the same time for more than one license.

Subd. 3.

Annual appropriations.

(a) The amounts collected under subdivision deleted text begin2deleted text endnew text begin 4new text end and
deposited in the educator licensure account in the special revenue fund are annually
appropriated to the Professional Educator Licensing and Standards Board.

(b) The appropriations in paragraph (a) must be reduced by the amount of any money
specifically appropriated for the same purposes in any year from any state fund.

new text begin Subd. 4. new text end

new text begin Licensure via portfolio. new text end

new text begin A candidate must pay to the Professional Educator
Licensing and Standards Board a $300 fee for the first portfolio submitted for review and
a $200 fee for any portfolio submitted subsequently. The Professional Educator Licensing
and Standards Board executive secretary must deposit the fee in the educator licensure
account in the special revenue fund. The fees are nonrefundable for applicants not qualifying
for a license. The Professional Educator Licensing and Standards Board may waive or
reduce fees for candidates based on financial need.
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. 34.

Minnesota Statutes 2018, section 122A.22, is amended to read:


122A.22 DISTRICT VERIFICATION new text beginAND REPORTING new text endOF TEACHER
LICENSES.

new text begin Subdivision 1. new text end

new text begin Verification. new text end

No person shall be accounted a qualified teacher until the
school district or charter school contracting with the person for teaching services verifies
through the Minnesota education licensing system available on the Professional Educator
Licensing and Standards Board website that the person is a qualified teacher, consistent
with sections 122A.16 and 122A.44, subdivision 1.

new text begin Subd. 2. new text end

new text begin Reporting. new text end

new text begin No later than October 1 of each school year, the superintendent or
charter school must provide the school board with the number of teachers in each school
building who hold Tier 1, 2, 3, and 4 licenses. The school board and the Department of
Education must publish this data on their respective websites no later than January of each
school year.
new text end

Sec. 35.

Minnesota Statutes 2018, section 122A.26, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

new text begin(a) new text endA person who teaches in a community education program
deleted text begin whichdeleted text end new text beginthat new text endqualifies for aid pursuant to section 124D.52 shall continue to meet licensure
requirements as a teacher. A person who teaches in an early childhood and family education
program deleted text beginwhichdeleted text end new text beginthat new text endis offered through a community education program and deleted text beginwhichdeleted text end new text beginthat
new text end qualifies for community education aid pursuant to section 124D.20 or early childhood and
family education aid pursuant to section 124D.135 shall continue to meet licensure
requirements as a teacher. A person who teaches in a community education course deleted text beginwhichdeleted text end
new text begin that new text endis offered for credit for graduation to persons under 18 years of age shall continue to
meet licensure requirements as a teacher.

new text begin (b)new text end A person who teaches a driver training course deleted text beginwhichdeleted text end new text beginthat new text endis offered through a
community education program to persons under 18 years of age shall be licensed by the
Professional Educator Licensing and Standards Board or be subject to section 171.35. A
license deleted text beginwhichdeleted text end new text beginthat new text endis required for an instructor in a community education program pursuant
to this deleted text beginsubdivisiondeleted text end new text beginparagraph new text endshall not be construed to bring an individual within the
definition of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41,
subdivision 1
, deleted text beginclausedeleted text end new text beginparagraph new text end(a).

new text begin EFFECTIVE DATE. new text end

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

Sec. 36.

Minnesota Statutes 2018, 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 be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and 122A.61
with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and teacher
collaboration;

(6) may include job-embedded learning opportunities such as professional learning
communities;

(7) may include mentoring and induction programs for teachers, including teachers who
are members of populations underrepresented among the licensed teachers in the district or
school and who reflect the diversity of students under section 120B.35, subdivision 3,
paragraph (b), clause (2), who are enrolled in the district or school;

(8) must include an option for teachers to develop and present a portfolio demonstrating
evidence of reflection and professional growth, consistent with section 122A.187, subdivision
3
, and include teachers' own performance assessment based on student work samples and
examples of teachers' work, which may include video among other activities for the
summative evaluation;

(9) must use data from valid and reliable assessments aligned to state and local academic
standards and must use state and local measures of student growth and literacy that may
include value-added models or student learning goals to determine 35 percent of teacher
evaluation results;

(10) must use longitudinal data on student engagement and connection, and other student
outcome measures explicitly aligned with the elements of curriculum for which teachers
are responsible, including academic literacy, oral academic language, and achievement of
content areas of English learners;

(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;

(12) must give teachers not meeting professional teaching standards under clauses (3)
through (11) support to improve through a teacher improvement process that includes
established goals and timelines; and

(13) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (12) that may include a last chance warning, termination,
discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline
a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data under
section 13.43. The observation and interview notes of peer coaches may only be disclosed
to other school officials with the consent of the teacher being coached.

(c) The department, in consultation with parents who may represent parent organizations
and teacher and administrator representatives appointed by their respective organizations,
representing the Professional Educator Licensing and Standards Board, the Minnesota
Association of School Administrators, the Minnesota School Boards Association, the
Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and
representatives of the Minnesota Assessment Group, the Minnesota Business Partnership,
the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with
research expertise in teacher evaluation, must create and publish a teacher evaluation process
that complies with the requirements in paragraph (b) and applies to all teachers under this
section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual
teacher evaluation and peer review process. The teacher evaluation process created under
this subdivision does not create additional due process rights for probationary teachers under
subdivision 5.

(d) Consistent with the measures of teacher effectiveness under this subdivision:

(1) for students in kindergarten through grade 4, a school administrator must not place
or approve the placement of a student in the classroom of a teacher who new text beginholds a Tier 1 or
Tier 2 license,
new text endis 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 new text beginholds a Tier 1 or Tier 2 license,
new text end 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 new text beginheld a Tier 1 or Tier 2 license or new text endreceived 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.

Sec. 37.

Minnesota Statutes 2018, 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 be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and 122A.61
with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and teacher
collaboration;

(6) may include job-embedded learning opportunities such as professional learning
communities;

(7) may include mentoring and induction programs for teachers, including teachers who
are members of populations underrepresented among the licensed teachers in the district or
school and who reflect the diversity of students under section 120B.35, subdivision 3,
paragraph (b), clause (2), who are enrolled in the district or school;

(8) must include an option for teachers to develop and present a portfolio demonstrating
evidence of reflection and professional growth, consistent with section 122A.187, subdivision
3, and include teachers' own performance assessment based on student work samples and
examples of teachers' work, which may include video among other activities for the
summative evaluation;

(9) must use data from valid and reliable assessments aligned to state and local academic
standards and must use state and local measures of student growth and literacy that may
include value-added models or student learning goals to determine 35 percent of teacher
evaluation results;

(10) must use longitudinal data on student engagement and connection and other student
outcome measures explicitly aligned with the elements of curriculum for which teachers
are responsible, including academic literacy, oral academic language, and achievement of
English learners;

(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;

(12) must give teachers not meeting professional teaching standards under clauses (3)
through (11) support to improve through a teacher improvement process that includes
established goals and timelines; and

(13) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (12) that may include a last chance warning, termination,
discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline
a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data under
section 13.43. The observation and interview notes of peer coaches may only be disclosed
to other school officials with the consent of the teacher being coached.

(c) The department, in consultation with parents who may represent parent organizations
and teacher and administrator representatives appointed by their respective organizations,
representing the Professional Educator Licensing and Standards Board, the Minnesota
Association of School Administrators, the Minnesota School Boards Association, the
Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and
representatives of the Minnesota Assessment Group, the Minnesota Business Partnership,
the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with
research expertise in teacher evaluation, must create and publish a teacher evaluation process
that complies with the requirements in paragraph (b) and applies to all teachers under this
section and section 122A.40 for whom no agreement exists under paragraph (a) for an annual
teacher evaluation and peer review process. The teacher evaluation process created under
this subdivision does not create additional due process rights for probationary teachers under
subdivision 2.

(d) Consistent with the measures of teacher effectiveness under this subdivision:

(1) for students in kindergarten through grade 4, a school administrator must not place
or approve the placement of a student in the classroom of a teacher who new text beginholds a Tier 1 or
Tier 2 license,
new text endis 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 new text beginholds a Tier 1 or Tier 2 license,
new text end 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 new text beginheld a Tier 1 or Tier 2 license or new text endreceived 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.

Sec. 38.

new text begin [122A.59] CODE OF ETHICS FOR TEACHERS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Each teacher, upon entering the teaching profession, assumes a
number of obligations, one of which is to adhere to principles that define professional
conduct. These principles are reflected in the code of ethics in subdivision 2, which sets
forth to the education profession and the public it serves the standards of professional conduct
and procedures for implementation. This code applies to all persons licensed according to
rules established by the Professional Educator Licensing and Standards Board.
new text end

new text begin Subd. 2. new text end

new text begin Standards of professional conduct. new text end

new text begin (a) A teacher must provide professional
education services in a nondiscriminatory manner.
new text end

new text begin (b) A teacher must make reasonable effort to protect a student from conditions harmful
to health and safety.
new text end

new text begin (c) In accordance with state and federal laws, a teacher must disclose confidential
information about individuals only when a compelling professional purpose is served or
when required by law.
new text end

new text begin (d) A teacher must take reasonable disciplinary action in exercising the authority to
provide an atmosphere conducive to learning.
new text end

new text begin (e) A teacher must not use a professional relationship with a student, parent, or colleague
to private advantage.
new text end

new text begin (f) A teacher must delegate authority for teaching responsibilities only to licensed
personnel.
new text end

new text begin (g) A teacher must not deliberately suppress or distort subject matter.
new text end

new text begin (h) A teacher must not knowingly falsify or misrepresent records or facts relating to the
teacher's own qualifications or other teachers' qualifications.
new text end

new text begin (i) A teacher must not knowingly make a false or malicious statement about a student
or colleague.
new text end

new text begin (j) A teacher must accept a contract for a teaching position that requires licensing only
if properly or provisionally licensed for that position.
new text end

new text begin (k) A teacher must not engage in any sexual conduct or contact with a student.
new text end

Sec. 39.

Minnesota Statutes 2018, section 122A.63, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

(a) A grant program is established to assist American
Indian people to become teachers and to provide additional education for American Indian
teachers. The commissioner may award a joint grant to each of the following:

(1) the Duluth campus of the University of Minnesota and Independent School District
No. 709, Duluth;

(2) Bemidji State University and Independent School District No. 38, Red Lake;

(3) Moorhead State University and one of the school districts located within the White
Earth Reservation; and

(4) Augsburg College, Independent School District No. 625, St. Paul, and Special School
District No. 1, Minneapolis.

(b) If additional funds are available, the commissioner may award additional joint grants
to other postsecondary institutions and school districts.

new text begin (c) Grantees may enter into contracts with tribal, technical, and community colleges and
four-year postsecondary institutions to identify and provide grants to students at those
institutions interested in the field of education. A grantee may contract with partner
institutions to provide professional development and supplemental services to a tribal,
technical, or community college or four-year postsecondary institution, including
identification of prospective students, provision of instructional supplies and materials, and
provision of grant money to students. A contract with a tribal, technical, or community
college or four-year postsecondary institution includes coordination of student identification,
professional development, and mentorship services.
new text end

Sec. 40.

Minnesota Statutes 2018, section 122A.63, subdivision 4, is amended to read:


Subd. 4.

Grant amount.

The commissioner may award a joint grant in the amount it
determines to be appropriate. The grant deleted text beginshalldeleted text endnew text begin mustnew text end include money for the postsecondary
institution, school district,new text begin andnew text end student scholarshipsdeleted text begin, and student loansdeleted text end.

Sec. 41.

Minnesota Statutes 2018, section 122A.63, subdivision 5, is amended to read:


Subd. 5.

Information to student applicants.

At the time a student applies for a
scholarship deleted text beginand loandeleted text end, the student deleted text beginshalldeleted text endnew text begin mustnew text end be provided information about the fields of
licensure needed by school districts in the part of the state within which the district receiving
the joint grant is located. The information deleted text beginshalldeleted text endnew text begin mustnew text end be acquired and periodically updated
by the recipients of the joint grantnew text begin and their contracted partner institutionsnew text end. Information
provided to students deleted text beginshalldeleted text endnew text begin mustnew text end clearly state that scholarship deleted text beginand loandeleted text end decisions are not
based upon the field of licensure selected by the student.

Sec. 42.

Minnesota Statutes 2018, section 122A.63, subdivision 6, is amended to read:


Subd. 6.

Eligibility for scholarships deleted text beginand loansdeleted text end.

new text begin(a) new text endThe following new text beginAmerican new text endIndian
people are eligible for scholarships:

new text begin (1) a student having origins in any of the original peoples of North America and
maintaining cultural identification through tribal affiliation or community recognition;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end a student, including a teacher aide employed by a district receiving a joint grantnew text begin
or their contracted partner school
new text end, who intends to become a teacher new text beginor who is interested in
the field of education
new text endand who is enrolled in a postsecondary institution new text beginor their contracted
partner institutions
new text endreceiving a joint grant;

deleted text begin (2)deleted text endnew text begin (3)new text end a licensed employee of a district receiving a joint grantnew text begin or a contracted partner
institution
new text end, who is enrolled in a master of education program; and

deleted text begin (3)deleted text endnew text begin (4)new text end a student who, after applying for federal and state financial aid and annew text begin Americannew text end
Indian scholarship according to section 136A.126, has financial needs that remain unmet.
Financial need deleted text beginshalldeleted text endnew text begin mustnew text end be determined according to the congressional methodology for
needs determination or as otherwise set in federal law.

deleted text begin A person who has actual living expenses in addition to those addressed by the
congressional methodology for needs determination, or as otherwise set in federal law, may
receive a loan according to criteria established by the commissioner. A contract shall be
executed between the state and the student for the amount and terms of the loan.
deleted text end

new text begin (b) Priority must be given to a student who is tribally enrolled and then to first- and
second-generation descendants.
new text end

Sec. 43.

Minnesota Statutes 2018, section 122A.63, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Eligible programming. new text end

new text begin (a) The grantee institutions and their contracted partner
institutions may provide scholarships to students progressing toward educational goals in
any area of teacher licensure, including an associate of arts, bachelor's, master's, or doctoral
degree in the following:
new text end

new text begin (1) any educational certification necessary for employment;
new text end

new text begin (2) early childhood family education or prekindergarten licensure;
new text end

new text begin (3) elementary and secondary education;
new text end

new text begin (4) school administration; or
new text end

new text begin (5) any educational program that provides services to American Indian students in
prekindergarten through grade 12.
new text end

new text begin (b) For purposes of recruitment, the grantees or their contracted partner institutions must
agree to work with their respective organizations to hire an American Indian work-study
student or other American Indian staff to conduct initial information queries and to contact
persons working in schools to provide programming regarding education professions to
high school students who may be interested in education as a profession.
new text end

new text begin (c) At least 80 percent of the grants awarded under this section must be used for student
scholarships. No more than 20 percent of the grants awarded under this section may be used
for recruitment or administration of the student scholarships.
new text end

Sec. 44.

Minnesota Statutes 2018, section 122A.70, is amended to read:


122A.70 TEACHER MENTORSHIPnew text begin AND RETENTION OF EFFECTIVE
TEACHERS
new text end.

Subdivision 1.

Teacher mentoringnew text begin, induction, and retentionnew text end programs.

new text begin(a) new text endSchool
districts are encouraged to develop teacher mentoring programs for teachers new to the
profession or district, including teaching residents, teachers of color, new text beginteachers who are
American Indian, teachers in license shortage areas,
new text endteachers with special needs, or
experienced teachers in need of peer coaching.

new text begin (b) Teacher mentoring programs must be included in or aligned with districts' teacher
evaluation and peer review processes under sections 122A.40, subdivision 8, and 122A.41,
subdivision 5. A district may use staff development revenue under section 122A.61, special
grant programs established by the legislature, or another funding source to pay a stipend to
a mentor who may be a current or former teacher who has taught at least three years and is
not on an improvement plan. Other initiatives using such funds or funds available under
sections 124D.861 and 124D.862 may include:
new text end

new text begin (1) additional stipends as incentives to mentors who are of color or who are American
Indian;
new text end

new text begin (2) financial supports for professional learning community affinity groups across schools
within and between districts for teachers from underrepresented racial and ethnic groups to
come together throughout the school year;
new text end

new text begin (3) programs for induction aligned with the district or school mentorship program during
the first three years of teaching, especially for teachers from underrepresented racial and
ethnic groups; or
new text end

new text begin (4) grants supporting licensed and nonlicensed educator participation in professional
development, such as workshops and graduate courses, related to increasing student
achievement for students of color and American Indian students in order to close opportunity
and achievement gaps.
new text end

new text begin (c) Schools or districts may negotiate additional retention strategies or protection from
unrequested leave of absences in the beginning years of employment for teachers of color
and teachers who are American Indian. Retention strategies may include providing financial
incentives for teachers of color and teachers who are American Indian to work in the school
or district for at least five years and placing American Indian educators at sites with other
American Indian educators and educators of color at sites with other educators of color to
reduce isolation and increase opportunity for collegial support.
new text end

Subd. 2.

Applications.

The Professional Educator Licensing and Standards Board must
make application forms available to sites interested in developing or expanding a mentorship
program. A school districtdeleted text begin,deleted text endnew text begin;new text end a group of school districtsdeleted text begin, ordeleted text endnew text begin;new text end a coalition of districts, teachersnew text begin,new text end
and teacher education institutionsnew text begin; or a coalition of schools, teachers, or nonlicensed educatorsnew text end
may apply for a deleted text beginteacher mentorshipdeleted text end program grant. 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 mentoringnew text begin, professional development, and retentionnew text end components, deleted text begininclude a variety
of coalitions
deleted text end 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.

Subd. 3.

Criteria for selection.

At a minimum, applicants must express commitment
to:

(1) allow staff participation;

(2) assess skills of both beginning and mentor teachers;

(3) provide appropriate in-service to needs identified in the assessment;

(4) provide leadership to the effort;

(5) cooperate with higher education institutions;

(6) provide facilities and other resources;

(7) share findings, materials, and techniques with other school districts; and

(8) retain teachers of colornew text begin and teachers who are American Indiannew text end.

Subd. 4.

Additional funding.

Applicants are required to seek additional funding and
assistance from sources such as school districts, postsecondary institutions, foundations,
and the private sector.

Subd. 5.

Program implementation.

New and expanding mentorship sites that are funded
to design, develop, implement, and evaluate their program must participate in activities that
support program development and implementation. The Professional Educator Licensing
and Standards Board must provide resources and assistance to support new sites in their
program efforts. These activities and services may include, but are not limited to: planning,
planning guides, media, training, conferences, institutes, and regional and statewide
networking meetings. Nonfunded schools or districts interested in getting started may
participate. Fees may be charged for meals, materials, and the like.

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By June 30 of each year after receiving a grant, recipients must submit
a report to the Professional Educator Licensing and Standards Board on program efforts
that describes mentoring and induction activities and assesses the impact of these programs
on teacher effectiveness and retention.
new text end

Sec. 45.

Minnesota Statutes 2018, section 124D.09, subdivision 10, is amended to read:


Subd. 10.

Courses according to agreements.

(a) An eligible pupil, according to
subdivision 5, may enroll in a nonsectarian course taught by a secondary teacher or a
postsecondary faculty member and offered at a secondary school, or another location,
according to an agreement between a public school board and the governing body of an
eligible public postsecondary system or an eligible private postsecondary institution, as
defined in subdivision 3. All provisions of this section deleted text beginshalldeleted text end apply to a pupil, public school
board, district, and the governing body of a postsecondary institution, except as otherwise
provided.

(b) To encourage students, especially American Indian students and students of color,
to consider teaching as a profession, participating schools, school districts, and postsecondary
institutions are encouraged to develop and offer an "Introduction to Teaching" or
"Introduction to Education" course under this subdivision. deleted text beginAn institution that receives adeleted text endnew text begin For
the purpose of applying for grants under this paragraph, "eligible institution" includes schools
and districts that partner with an accredited college or university in addition to postsecondary
institutions identified in subdivision 3, paragraph (a).
new text end Grant deleted text beginto develop a coursedeleted text endnew text begin recipientsnew text end
under this paragraph must annually report to the commissioner in a form and manner
determined by the commissioner on the participation rates of students in courses under this
paragraph, including the number of students who apply for admission to colleges or
universities with teacher preparation programsnew text begin and the number of students of color and
American Indian students who earned postsecondary credit
new text end.new text begin Grant recipients must also
describe recruiting efforts intended to ensure that the percentage of participating students
who are of color or American Indian meets or exceeds the overall percentage of students
of color or American Indian students in the school.
new text end

Sec. 46.

Minnesota Statutes 2018, section 124D.861, subdivision 2, is amended to read:


Subd. 2.

Plan implementation; components.

(a) The school board of each eligible
district must formally develop and implement a long-term plan under this section. The plan
must be incorporated into the district's comprehensive strategic plan under section 120B.11.
Plan components may include:

new text begin (1)new text end innovative and integrated prekindergarten through grade 12 learning environments
that offer students school enrollment choices;

new text begin (2)new text end family engagement initiatives that involve families in their students' academic life
and success;

new text begin (3)new text end professional development opportunities for teachers and administrators focused on
improving the academic achievement of all students, including teachers and administrators
who are members of populations underrepresented among the licensed teachers or
administrators in the district or school and who reflect the diversity of students under section
120B.35, subdivision 3, paragraph (b), clause (2), who are enrolled in the district or school;

new text begin (4)new text end increased programmatic opportunities and effective and more diverse instructors
focused on rigor and college and career readiness for underserved students, including students
enrolled in alternative learning centers under section 123A.05, public alternative programs
under section 126C.05, subdivision 15, and contract alternative programs under section
124D.69, among other underserved students; or

new text begin (5)new text end recruitment and retention of teachers deleted text beginanddeleted text endnew text begin,new text end administrators deleted text beginwith diversedeleted text endnew text begin, cultural and
family liaisons, paraprofessionals, and other nonlicensed staff from
new text end racial and ethnic
backgroundsnew text begin represented in the student populationnew text end.

new text begin (b)new text end The plan must contain goals for:

(1) reducing the disparities in academic achievement and in equitable access to effective
and more diverse teachers among all students and specific categories of students under
section 120B.35, subdivision 3, paragraph (b), excluding the student categories of gender,
disability, and English learners; and

(2) increasing racial and economic diversity and integration in schools and districts.

new text begin (c) The plan must include strategies to make schools' curriculum and learning and work
environments more inclusive and respectful of students' racial and ethnic diversity and to
address issues of structural inequities in schools that create opportunity and achievement
gaps for students, families, and staff who are of color or who are American Indian, and
program revenues may be used to implement such strategies. Examples of possible structural
inequities include but are not limited to policies and practices that unintentionally result in
disparate referrals and suspension, inequitable access to advanced coursework,
overrepresentation in lower level coursework, participation in cocurricular activities, parent
involvement, and lack of access to diverse teachers. Plans may include but are not limited
to the following activities that may involve collaboration with or support from regional
centers of excellence:
new text end

new text begin (1) creating opportunities for students, families, staff, and community members who are
of color or who are American Indian to share their experiences in the school setting with
school staff and administration to develop specific proposals for improving school
environments to be more inclusive and respectful toward all students, families, and staff;
new text end

new text begin (2) implementing creative programs for increased parent engagement and improving
relations between home and school;
new text end

new text begin (3) developing or expanding ethnic studies course offerings to provide all students with
in-depth opportunities to learn about their own and others' cultures and historical experiences;
new text end

new text begin (4) examining and revising curricula in various subjects to be culturally relevant and
inclusive of various racial and ethnic groups;
new text end

new text begin (5) examining academic and discipline data, reexamining institutional policies and
practices that result in opportunity and achievement disparities between racial and ethnic
groups, and making necessary changes that increase access, meaningful participation,
representation, and positive outcomes for students of color, American Indian students, and
students who qualify for free or reduced-price lunch;
new text end

new text begin (6) providing professional development opportunities to learn more about various racial
and ethnic groups' experiences, assets, and issues and developing cross-cultural competence
with knowledge, collaborations, and relationships needed to serve students effectively who
are from diverse racial and ethnic backgrounds; and
new text end

new text begin (7) hiring more cultural liaisons to strengthen relationships with students, families, and
other members of the community.
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end Among other requirements, an eligible district must implement effective,
research-based interventions that include formative assessment practices to reduce the
disparities in student academic performance among the specific categories of students as
measured by student progress and growth on state reading and math assessments and as
aligned with section 120B.11.

deleted text begin (c)deleted text endnew text begin (e)new text end Eligible districts must create efficiencies and eliminate duplicative programs and
services under this section, which may include forming collaborations or a single,
seven-county metropolitan areawide partnership of eligible districts for this purpose.

Sec. 47.

Minnesota Statutes 2018, section 136A.1275, is amended to read:


136A.1275 new text beginSTUDENT new text endTEACHER CANDIDATE GRANTSnew text begin IN SHORTAGE
AREAS
new text end.

Subdivision 1.

Establishment.

(a) The commissioner of the Office of Higher Education
must establish a grant program for student teaching stipends for low-income students enrolled
in a Professional Educator Licensing and Standards Board-approved teacher preparation
program who deleted text beginintend to teachdeleted text endnew text begin are student teachingnew text end in a new text beginlicensure new text endshortage area deleted text beginafter graduating
and receiving their teaching license
deleted text end or belong to deleted text beginan underrepresenteddeleted text endnew text begin anew text end racial or ethnic groupnew text begin
underrepresented in the teacher workforce
new text end.

(b) deleted text begin"Shortagedeleted text endnew text begin For purposes of this grant program, "licensure shortagenew text end area" means a
license field deleted text beginor economic development region within Minnesota defined as a shortage area
by the Department of Education using
deleted text endnew text begin determined by the Professional Educator Licensing
and Standards Board in which the number of surveyed districts or schools within an economic
development region reporting or predicting hiring a teacher for a specific licensure area as
"very difficult" is equal to or greater than the number of districts or schools reporting or
predicting such hiring as "easy" in
new text end data collected for the teacher supply and demand report
under deleted text beginsectiondeleted text endnew text begin sections 122A.091, subdivision 5, andnew text end 127A.05, subdivision 6, or other surveys
conducted by the Department of Education new text beginor Professional Educator Licensing and Standards
Board
new text endthat provide indicators for teacher supply and demand.

Subd. 2.

Eligibility.

To be eligible for a grant under this section, a new text beginstudent new text endteacher
candidate must:

(1) be enrolled in a Professional Educator Licensing and Standards Board-approved
teacher preparation program that requires at least 12 weeks of student teaching new text beginto complete
the program
new text endin order to be recommended for deleted text begina full professionaldeleted text endnew text begin any Tier 3new text end teaching licensenew text begin
from early childhood through grade 12
new text end;

(2) demonstrate financial need based on criteria established by the commissioner under
subdivision 3;

(3) deleted text beginintend to teach indeleted text endnew text begin be completing a program innew text end a new text beginlicensure new text endshortage areanew text begin existing
within the economic development region where either the candidate's preparation program
or permanent residence is located,
new text end or belong to deleted text beginan underrepresenteddeleted text endnew text begin anew text end racial or ethnic groupnew text begin
underrepresented in Minnesota's teacher workforce
new text end; and

(4) be meeting satisfactory academic progress as defined under section 136A.101,
subdivision 10.

Subd. 3.

Administration; repayment.

(a) The commissioner must establish an
application process and other guidelines for implementing this program, including repayment
responsibilities for stipend recipients who do not complete student teaching or who leave
Minnesota to teach in another state during the first year after student teaching.

(b) The commissioner must determine each academic year the stipend amount up to
$7,500 based on the amount of available funding, the number of eligible applicants, and the
financial need of the applicants.

(c) new text beginIn order to help improve all students' access to effective and diverse teachers, new text endthe
percentage of the total award reserved for teacher candidates who identify as belonging to
deleted text begin an underrepresenteddeleted text endnew text begin anew text end racial or ethnic group new text beginunderrepresented in the Minnesota teacher
workforce
new text endmust be equal to or greater than the total percentage of students deleted text beginofdeleted text endnew text begin from all suchnew text end
underrepresented racial or ethnic groups as measured under section 120B.35, subdivision
3
. If this percentage cannot be met because of a lack of qualifying candidates, the remaining
amount may be awarded to teacher candidates who intend to teach in a shortage area.new text begin Student
teacher candidates who are of color or who are American Indian who have made satisfactory
academic progress must have priority for receiving a grant from available funds to student
teach and complete their preparation programs if they meet eligibility requirements and
participated in a Minnesota teachers of color scholarship program or other similarly styled
program.
new text end

Sec. 48.

Minnesota Statutes 2018, section 136A.1791, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The terms used in this section have the meanings given
them in this subdivision.

(b) "Qualified educational loan" means a government, commercial, or foundation loan
for actual costs paid for tuition and reasonable educational and living expenses related to a
teacher's preparation or further education.

(c) "School district" means an independent school district, special school district,
intermediate district, education district, special education cooperative, service cooperative,
a cooperative center for vocational education, or a charter school located in Minnesota.

(d) "Teacher" means an individual holding a teaching license issued by the Professional
Educator Licensing and Standards Board who is employed by a school district to provide
classroom instructionnew text begin or a Head Start or Early Head Start nonlicensed early childhood
professional employed by a Head Start program under section 119A.50
new text end.

(e) "Teacher shortage area" meansnew text begin any of the following experiencing a teacher shortage
as reported by the Professional Educator Licensing and Standards Board
new text end:

(1) the licensure fields deleted text beginanddeleted text endnew text begin specific to particularnew text end economic development regions deleted text beginreported
by the commissioner of education as experiencing a teacher shortage; and
deleted text endnew text begin;
new text end

(2) new text beginindividual economic development regions; or
new text end

new text begin (3) new text endeconomic development regions where there is a shortage of licensed teachers who
deleted text begin reflect the racial or ethnic diversity ofdeleted text endnew text begin are of color or who are American Indian where the
aggregate percentage of this group of teachers is lower than the aggregate percentage of
students of color and American Indian
new text end students in the region deleted text beginas reported by the commissioner
of education
deleted text end.

(f) "Commissioner" means the commissioner of the Office of Higher Education unless
indicated otherwise.

Sec. 49.

Minnesota Statutes 2018, section 136A.1791, subdivision 2, is amended to read:


Subd. 2.

Program established; administration.

The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end establish
and administer a teacher shortage loan forgiveness program. A teacher is eligible for the
program if the teacher is teaching in an identified teacher shortage area new text beginfor the economic
development region in which the teacher works as defined in subdivision 1 and reported
new text end under subdivision 3 and complies with the requirements of this section.

Sec. 50.

Minnesota Statutes 2018, section 136A.1791, subdivision 3, is amended to read:


Subd. 3.

Use of report on teacher shortage areas.

The deleted text begincommissioner of education
shall
deleted text endnew text begin Professional Educator Licensing and Standards Board mustnew text end use the teacher supply and
demand report to the legislature to identify the licensure fields and new text beginracial or ethnic groups
in
new text endeconomic development regions in Minnesota experiencing a teacher shortage.

Sec. 51.

Minnesota Statutes 2018, section 136A.1791, subdivision 4, is amended to read:


Subd. 4.

Application for loan forgiveness.

Each applicant for loan forgiveness, according
to rules adopted by the commissioner, deleted text beginshalldeleted text endnew text begin mustnew text end:

(1) apply for teacher shortage loan forgiveness and promptly submit any additional
information required by the commissioner; and

(2) submit to the commissioner a completed affidavit, prescribed by the commissioner,
affirming the teacher is teaching indeleted text begin: (i) a licensure field identified by the commissioner as
experiencing a teacher shortage; or (ii) an economic development region identified by the
commissioner as experiencing a teacher shortage
deleted text endnew text begin a shortage areanew text end.

Sec. 52.

Minnesota Statutes 2018, section 136A.1791, subdivision 5, is amended to read:


Subd. 5.

Amount of loan forgiveness.

(a) To the extent funding is available, the annual
amount of teacher shortage loan forgiveness for an approved applicant deleted text beginshalldeleted text endnew text begin as a teacher in
any shortage area must
new text end not exceed deleted text begin$1,000deleted text endnew text begin $2,000new text end or the cumulative balance of the applicant's
qualified educational loans, including principal and interest, whichever amount is less.new text begin To
support the retention of teachers who are of color or who are American Indian and to the
extent there are sufficient applications, the percentage of loan repayments granted to teachers
of color and American Indian teachers must at least be equivalent to the aggregated
percentage of students of color and American Indian students in the state.
new text end

new text begin (b) Notwithstanding paragraph (a), applicants who meet both licensure field and
underrepresented racial or ethnic group eligibility in their economic development region
may receive an annual amount of up to $4,000 or the cumulative balance of the applicant's
qualified educational loans, including principal and interest, whichever amount is less.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end Recipients must secure their own qualified educational loans. Teachers who
graduate from an approved teacher preparation program or teachers who add a licensure
field, consistent with the teacher shortage requirements of this section, are eligible to apply
for the loan forgiveness program.

deleted text begin (c)deleted text endnew text begin (d)new text end No teacher deleted text beginshalldeleted text endnew text begin maynew text end receive more than deleted text beginfivedeleted text endnew text begin tennew text end annual awards.

Sec. 53.

Minnesota Statutes 2018, section 214.01, subdivision 3, is amended to read:


Subd. 3.

Non-health-related licensing board.

"Non-health-related licensing board"
means the Professional Educator Licensing and Standards Board established pursuant to
section 122A.07, new text beginthe Board of School Administrators established pursuant to section 122A.14,
new text end the Board of Barber Examiners established pursuant to section 154.001, the Board of
Cosmetologist Examiners established pursuant to section 155A.20, the Board of Assessors
established pursuant to section 270.41, the Board of Architecture, Engineering, Land
Surveying, Landscape Architecture, Geoscience, and Interior Design established pursuant
to section 326.04, the Private Detective and Protective Agent Licensing Board established
pursuant to section 326.33, the Board of Accountancy established pursuant to section
326A.02, and the Peace Officer Standards and Training Board established pursuant to section
626.841.

Sec. 54.

new text begin [245C.125] BACKGROUND STUDY; PROFESSIONAL EDUCATOR
LICENSING AND STANDARDS BOARD.
new text end

new text begin The commissioner may contract with the Professional Educator Licensing and Standards
Board to conduct background studies and obtain background study data as required under
this chapter and chapter 122A. When required in chapter 122A, the commissioner must
conduct a national criminal history record check.
new text end

Sec. 55.

Minnesota Statutes 2018, section 626.556, subdivision 10, is amended to read:


Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of report; mandatory notification between police or sheriff and agency.

(a) The
police department or the county sheriff shall immediately notify the local welfare agency
or agency responsible for child protection reports under this section orally and in writing
when a report is received. The local welfare agency or agency responsible for child protection
reports shall immediately notify the local police department or the county sheriff orally and
in writing when a report is received. The county sheriff and the head of every local welfare
agency, agency responsible for child protection reports, and police department shall each
designate a person within their agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph are carried out. When the alleged maltreatment
occurred on tribal land, the local welfare agency or agency responsible for child protection
reports and the local police department or the county sheriff shall immediately notify the
tribe's social services agency and tribal law enforcement orally and in writing when a report
is received.new text begin When a police department or county sheriff determines that a child has been
the subject of physical abuse, sexual abuse, or neglect by a person licensed by the
Professional Educator Licensing and Standards Board or Board of School Administrators,
it shall, in addition to its other duties under this section, immediately inform the licensing
board. Law enforcement must work collaboratively with the board that has jurisdiction over
the matter, including sharing documents and evidence to continue the investigation.
new text end

(b) Upon receipt of a report, the local welfare agency shall determine whether to conduct
a family assessment or an investigation as appropriate to prevent or provide a remedy for
child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving sexual abuse or substantial child
endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that sexual abuse or
substantial child endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege sexual abuse or
substantial child endangerment. In determining that a family assessment is appropriate, the
local welfare agency may consider issues of child safety, parental cooperation, and the need
for an immediate response;

(4) may conduct a family assessment on a report that was initially screened and assigned
for an investigation. In determining that a complete investigation is not required, the local
welfare agency must document the reason for terminating the investigation and notify the
local law enforcement agency if the local law enforcement agency is conducting a joint
investigation; and

(5) shall provide immediate notice, according to section 260.761, subdivision 2, to an
Indian child's tribe when the agency has reason to believe the family assessment or
investigation may involve an Indian child. For purposes of this clause, "immediate notice"
means notice provided within 24 hours.

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or
individual functioning within the family unit as a person responsible for the child's care, or
sexual abuse by a person with a significant relationship to the child when that person resides
in the child's household or by a sibling, the local welfare agency shall immediately conduct
a family assessment or investigation as identified in clauses (1) to (4). In conducting a family
assessment or investigation, the local welfare agency shall gather information on the existence
of substance abuse and domestic violence and offer services for purposes of preventing
future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected
minor, and supporting and preserving family life whenever possible. If the report alleges a
violation of a criminal statute involving sexual abuse, physical abuse, or neglect or
endangerment, under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of its investigation or assessment.
In cases of alleged child maltreatment resulting in death, the local agency may rely on the
fact-finding efforts of a law enforcement investigation to make a determination of whether
or not maltreatment occurred. When necessary the local welfare agency shall seek authority
to remove the child from the custody of a parent, guardian, or adult with whom the child is
living. In performing any of these duties, the local welfare agency shall maintain appropriate
records.

If the family assessment or investigation indicates there is a potential for abuse of alcohol
or other drugs by the parent, guardian, or person responsible for the child's care, the local
welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part
9530.6615.

(c) When a local agency receives a report or otherwise has information indicating that
a child who is a client, as defined in section 245.91, has been the subject of physical abuse,
sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it
shall, in addition to its other duties under this section, immediately inform the ombudsman
established under sections 245.91 to 245.97. The commissioner of education shall inform
the ombudsman established under sections 245.91 to 245.97 of reports regarding a child
defined as a client in section 245.91 that maltreatment occurred at a school as defined in
section 120A.05, subdivisions 9, 11, and 13, and chapter 124E.

(d) Authority of the local welfare agency responsible for assessing or investigating the
child abuse or neglect report, the agency responsible for assessing or investigating the report,
and of the local law enforcement agency for investigating the alleged abuse or neglect
includes, but is not limited to, authority to interview, without parental consent, the alleged
victim and any other minors who currently reside with or who have resided with the alleged
offender. The interview may take place at school or at any facility or other place where the
alleged victim or other minors might be found or the child may be transported to, and the
interview conducted at, a place appropriate for the interview of a child designated by the
local welfare agency or law enforcement agency. The interview may take place outside the
presence of the alleged offender or parent, legal custodian, guardian, or school official. For
family assessments, it is the preferred practice to request a parent or guardian's permission
to interview the child prior to conducting the child interview, unless doing so would
compromise the safety assessment. Except as provided in this paragraph, the parent, legal
custodian, or guardian shall be notified by the responsible local welfare or law enforcement
agency no later than the conclusion of the investigation or assessment that this interview
has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile
Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare
agency, order that, where reasonable cause exists, the agency withhold notification of this
interview from the parent, legal custodian, or guardian. If the interview took place or is to
take place on school property, the order shall specify that school officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification of intent to interview
the child on school property, as provided under this paragraph, and any other related
information regarding the interview that may be a part of the child's school record. A copy
of the order shall be sent by the local welfare or law enforcement agency to the appropriate
school official.

(e) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification shall
include the name of the child to be interviewed, the purpose of the interview, and a reference
to the statutory authority to conduct an interview on school property. For interviews
conducted by the local welfare agency, the notification shall be signed by the chair of the
local social services agency or the chair's designee. The notification shall be private data
on individuals subject to the provisions of this paragraph. School officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification or any other related
information regarding the interview until notified in writing by the local welfare or law
enforcement agency that the investigation or assessment has been concluded, unless a school
employee or agent is alleged to have maltreated the child. Until that time, the local welfare
or law enforcement agency or the agency responsible for assessing or investigating a report
of maltreatment shall be solely responsible for any disclosures regarding the nature of the
assessment or investigation.

Except where the alleged offender is believed to be a school official or employee, the
time and place, and manner of the interview on school premises shall be within the discretion
of school officials, but the local welfare or law enforcement agency shall have the exclusive
authority to determine who may attend the interview. The conditions as to time, place, and
manner of the interview set by the school officials shall be reasonable and the interview
shall be conducted not more than 24 hours after the receipt of the notification unless another
time is considered necessary by agreement between the school officials and the local welfare
or law enforcement agency. Where the school fails to comply with the provisions of this
paragraph, the juvenile court may order the school to comply. Every effort must be made
to reduce the disruption of the educational program of the child, other students, or school
staff when an interview is conducted on school premises.

(f) Where the alleged offender or a person responsible for the care of the alleged victim
or other minor prevents access to the victim or other minor by the local welfare agency, the
juvenile court may order the parents, legal custodian, or guardian to produce the alleged
victim or other minor for questioning by the local welfare agency or the local law
enforcement agency outside the presence of the alleged offender or any person responsible
for the child's care at reasonable places and times as specified by court order.

(g) Before making an order under paragraph (f), the court shall issue an order to show
cause, either upon its own motion or upon a verified petition, specifying the basis for the
requested interviews and fixing the time and place of the hearing. The order to show cause
shall be served personally and shall be heard in the same manner as provided in other cases
in the juvenile court. The court shall consider the need for appointment of a guardian ad
litem to protect the best interests of the child. If appointed, the guardian ad litem shall be
present at the hearing on the order to show cause.

(h) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(i) The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety, risk
of subsequent child maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information to
ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person reporting
the alleged maltreatment, including the nature of the reporter's relationship to the child and
to the alleged offender, and the basis of the reporter's knowledge for the report; the child
allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged maltreatment. The local welfare
agency or the agency responsible for investigating the report may make a determination of
no maltreatment early in an investigation, and close the case and retain immunity, if the
collected information shows no basis for a full investigation.

Information relevant to the assessment or investigation must be asked for, and may
include:

(1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted for assessment or investigation; information
relating to developmental functioning; credibility of the child's statement; and whether the
information provided under this clause is consistent with other information collected during
the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law enforcement
agency, or the agency responsible for assessing or investigating the report from collecting
other relevant information necessary to conduct the assessment or investigation.
Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access
to medical data and records for purposes of clause (3). Notwithstanding the data's
classification in the possession of any other agency, data acquired by the local welfare
agency or the agency responsible for assessing or investigating the report during the course
of the assessment or investigation are private data on individuals and must be maintained
in accordance with subdivision 11. Data of the commissioner of education collected or
maintained during and for the purpose of an investigation of alleged maltreatment in a school
are governed by this section, notwithstanding the data's classification as educational,
licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined in
subdivision 2, paragraph (c), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(j) Upon receipt of a report, the local welfare agency shall conduct a face-to-face contact
with the child reported to be maltreated and with the child's primary caregiver sufficient to
complete a safety assessment and ensure the immediate safety of the child. The face-to-face
contact with the child and primary caregiver shall occur immediately if sexual abuse or
substantial child endangerment is alleged and within five calendar days for all other reports.
If the alleged offender was not already interviewed as the primary caregiver, the local welfare
agency shall also conduct a face-to-face interview with the alleged offender in the early
stages of the assessment or investigation. At the initial contact, the local child welfare agency
or the agency responsible for assessing or investigating the report must inform the alleged
offender of the complaints or allegations made against the individual in a manner consistent
with laws protecting the rights of the person who made the report. The interview with the
alleged offender may be postponed if it would jeopardize an active law enforcement
investigation.

(k) When conducting an investigation, the local welfare agency shall use a question and
answer interviewing format with questioning as nondirective as possible to elicit spontaneous
responses. For investigations only, the following interviewing methods and procedures must
be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the
alleged victim and child witnesses.

(l) In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (c), the commissioner of education shall collect available and
relevant information and use the procedures in paragraphs (j) and (k), and subdivision 3d,
except that the requirement for face-to-face observation of the child and face-to-face interview
of the alleged offender is to occur in the initial stages of the assessment or investigation
provided that the commissioner may also base the assessment or investigation on investigative
reports and data received from the school facility and local law enforcement, to the extent
those investigations satisfy the requirements of paragraphs (j) and (k), and subdivision 3d.

Sec. 56.

Minnesota Statutes 2018, section 626.556, subdivision 11, is amended to read:


Subd. 11.

Records.

(a) Except as provided in paragraph (b) and subdivisions 10b, 10d,
10g, and 11b, all records concerning individuals maintained by a local welfare agency or
agency responsible for assessing or investigating the report under this section, including
any written reports filed under subdivision 7, shall be private data on individuals, except
insofar as copies of reports are required by subdivision 7 to be sent to the local police
department or the county sheriff. All records concerning determinations of maltreatment
by a facility are nonpublic data as maintained by the Department of Education, except insofar
as copies of reports are required by subdivision 7 to be sent to the local police department
or the county sheriff. Reports maintained by any police department or the county sheriff
shall be private data on individuals except the reports shall be made available to the
investigating, petitioning, or prosecuting authority, including county medical examiners or
county coroners. Section 13.82, subdivisions 8, 9, and 14, apply to law enforcement data
other than the reports. The local social services agency or agency responsible for assessing
or investigating the report shall make available to the investigating, petitioning, or prosecuting
authority, including county medical examiners or county coroners or their professional
delegates, any records which contain information relating to a specific incident of neglect
or abuse which is under investigation, petition, or prosecution and information relating to
any prior incidents of neglect or abuse involving any of the same persons. The records shall
be collected and maintained in accordance with the provisions of chapter 13. In conducting
investigations and assessments pursuant to this section, the notice required by section 13.04,
subdivision 2
, need not be provided to a minor under the age of ten who is the alleged victim
of abuse or neglect. An individual subject of a record shall have access to the record in
accordance with those sections, except that the name of the reporter shall be confidential
while the report is under assessment or investigation except as otherwise permitted by this
subdivision. Any person conducting an investigation or assessment under this section who
intentionally discloses the identity of a reporter prior to the completion of the investigation
or assessment is guilty of a misdemeanor. After the assessment or investigation is completed,
the name of the reporter shall be confidential. The subject of the report may compel disclosure
of the name of the reporter only with the consent of the reporter or upon a written finding
by the court that the report was false and that there is evidence that the report was made in
bad faith. This subdivision does not alter disclosure responsibilities or obligations under
the Rules of Criminal Procedure.

(b) Upon request of the legislative auditor, data on individuals maintained under this
section must be released to the legislative auditor in order for the auditor to fulfill the auditor's
duties under section 3.971. The auditor shall maintain the data in accordance with chapter
13.

(c) The commissioner of education must be provided with all requested data that are
relevant to a report of maltreatment and are in possession of a school facility as defined in
subdivision 2, paragraph (c), when the data is requested pursuant to an assessment or
investigation of a maltreatment report of a student in a school. If the commissioner of
education makes a determination of maltreatment involving an individual performing work
within a school facility who is licensed by a board or other agency, the commissioner shall
provide deleted text beginnecessary and relevant information todeleted text end the licensing entity deleted text beginto enable the entity to
fulfill
deleted text end new text beginwith the full investigative file including but not limited to witness statements, all
documents provided by witnesses or the district, a witness list, the full and complete
maltreatment determination report including the witness name key, and other information
the licensing agency deems necessary in completing
new text endits statutory duties. new text beginUpon written request
from the appropriate licensing board, the commissioner of education may solicit the written
consent of a student and the student's parent to provide the licensing board with information
that may aid the licensing board in its investigation and license proceedings, including the
student's name.
new text endNotwithstanding section 13.03, subdivision 4, data received by a licensing
entity under this paragraph are governed by section 13.41 or other applicable law governing
data of the receiving entity, except that this section applies to the classification of and access
to data on the reporter of the maltreatment.

Sec. 57.

Minnesota Statutes 2018, section 631.40, subdivision 4, is amended to read:


Subd. 4.

Licensed teachers.

When a person is convicted of child abuse, as defined in
section 609.185deleted text begin, ordeleted text endnew text begin;new text end sexual abuse under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 617.23, subdivision 3deleted text begin,deleted text endnew text begin; sex trafficking in the first degree under
section 609.322, subdivision 1; sex trafficking in the second degree under section 609.322,
subdivision 1a; engaging in hiring, or agreeing to hire a minor to engage in prostitution
under section 609.324, subdivisions 1 and 1a; exposure under section 617.23, subdivisions
2 and 3; solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352; interference with privacy under section
609.746; stalking under section 609.749, and the victim was a minor; using minors in a
sexual performance under section 617.246; possessing pornographic works involving a
minor under section 617.247; or any other offense not listed in this subdivision that requires
the person to register as a predatory offender under section 243.166;
new text end the court shall determine
whether the person is licensed to teach under chapter 122A. If the offender is a licensed
teacher, the court administrator shall send a certified copy of the conviction to the
Professional Educator Licensing and Standards Board or the Board of School Administrators,
whichever has jurisdiction over the teacher's license, within ten days after the conviction.

Sec. 58. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Laws 2017, First Special Session chapter 5, article 11, section 6, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2018, sections 122A.09, subdivision 1; and 122A.182, subdivision
2,
new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Rules, part 8710.2100, subparts 1 and 2, new text end new text begin are repealed.
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

ARTICLE 4

SPECIAL EDUCATION

Section 1.

Minnesota Statutes 2018, section 125A.08, is amended to read:


125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.

(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 neededdeleted text begin;deleted text endnew text begin. An
individualized education program team, after affirmative approval of the parent, may
eliminate benchmarks or short-term objectives, except for students who take alternative
assessments. The individualized education program may report the student's performance
on general state or districtwide assessments related to the student's educational needs;
new text end

(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.

(c) 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) 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

(3) 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 (d) 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.
new text end

Sec. 2.

Minnesota Statutes 2018, section 125A.091, subdivision 3a, is amended to read:


Subd. 3a.

Additional requirements for prior written notice.

In addition to federal law
requirements, a prior written notice shall:

(1) inform the parent that except for the initial placement of a child in special education,
the school district will proceed with its proposal for the child's placement or for providing
special education services unless the child's parent notifies the district of an objection within
14 days of when the district sends the prior written notice to the parent; and

(2) state that a parent who objects to a proposal or refusal in the prior written notice
maynew text begin:
new text end

new text begin (i)new text end request a conciliation conference under subdivision 7 or another alternative dispute
resolution procedure under subdivision 8 or 9new text begin; or
new text end

new text begin (ii) identify the specific part of the proposal or refusal the parent objects to and request
a meeting with appropriate members of the individualized education program team
new text end.

Sec. 3.

Minnesota Statutes 2018, section 125A.091, subdivision 7, is amended to read:


Subd. 7.

Conciliation conference.

A parent must have an opportunity to new text beginrequest a
meeting with appropriate members of the individualized education program team or
new text endmeet
with appropriate district staff in at least one conciliation conference if the parent objects to
any proposal of which the parent receives notice under subdivision 3a. A district must hold
a conciliation conference within ten calendar days from the date the district receives a
parent's deleted text beginobjection to a proposal or refusal in the prior written noticedeleted text endnew text begin request for a conciliation
conference
new text end. Except as provided in this section, all discussions held during a conciliation
conference are confidential and are not admissible in a due process hearing. Within five
school days after the final conciliation conference, the district must prepare and provide to
the parent a conciliation conference memorandum that describes the district's final proposed
offer of service. This memorandum is admissible in evidence in any subsequent proceeding.

Sec. 4.

Minnesota Statutes 2018, section 125A.50, subdivision 1, is amended to read:


Subdivision 1.

Commissioner approval.

The commissioner may approve applications
from districts initiating or significantly changing a program to provide prevention services
as an alternative to special education and other compensatory programs. A district with an
approved program may provide instruction and services in a regular education classroom,
or an area learning center, to eligible pupils. Pupils eligible to participate in the program
are pupils who need additional academic or behavioral support to succeed in the general
education environment and who may eventually qualify for special education instruction
or related services under sections 125A.03 to 125A.24 and 125A.65 if the intervention
services authorized by this section were unavailable. new text beginA pupil with an individualized education
program may participate in the program in a service area which the individualized education
program team has determined is not an educational need that results from the pupil's
disability.
new text endPupils may be provided services during extended school days and throughout the
entire year and through the assurance of mastery program under sections 125A.03 to 125A.24
and 125A.65.

Sec. 5.

Minnesota Statutes 2018, section 136D.01, is amended to read:


136D.01 INTERMEDIATE new text beginSCHOOL new text endDISTRICT.

"Intermediate new text beginschool new text enddistrict" means a district with a cooperative program deleted text beginwhich has
been established
deleted text end under deleted text beginLaws 1967, chapter 822, as amended; Laws 1969, chapter 775, as
amended; and Laws 1969, chapter 1060, as amended
deleted text endnew text begin this chapternew text end, offering integrated services
for secondary, postsecondary, and adult students in the areas of vocational education, special
education, and other authorized services.

Sec. 6.

Minnesota Statutes 2018, section 136D.49, is amended to read:


136D.49 OTHER MEMBERSHIP AND POWERS.

In addition to the districts listed in sections 136D.21, 136D.41, 136D.71, and 136D.81,
the agreement of an intermediate school district established under this chapter may provide
for the membership of other school districts and cities, counties, and other governmental
units as defined in section 471.59. In addition to the powers listed in sections deleted text begin136D.25,deleted text endnew text begin
136D.24, 136D.44,
new text end 136D.73, and 136D.84, an intermediate school board may provide the
services defined in section 123A.21, subdivisions 7 and 8.

Sec. 7. new text beginPRIOR WRITTEN NOTICE WORKING GROUP.
new text end

new text begin (a) The commissioner of education must appoint a working group by July 1, 2019, that
includes the following:
new text end

new text begin (1) special education administrators;
new text end

new text begin (2) special education teachers;
new text end

new text begin (3) school board members;
new text end

new text begin (4) parents of children with disabilities receiving special instruction and services in
accordance with Minnesota Statutes, chapter 125A;
new text end

new text begin (5) organizations that work with the parents of children with disabilities; and
new text end

new text begin (6) Department of Education staff with expertise in special education compliance.
new text end

new text begin (b) The commissioner of education must convene the first meeting of the working group
no later than July 15, 2019, and must provide support and meeting space for the working
group. The meetings of the working group are subject to the requirements of Minnesota
Statutes, chapter 13D.
new text end

new text begin (c) Members of the working group serve without compensation, but may be reimbursed
for allowed actual and necessary expenses incurred in the performance of the member's
duties for the working group in the same manner and amount as authorized by the
commissioner's plan under Minnesota Statutes, section 43A.18, subdivision 2.
new text end

new text begin (d) The working group must make recommendations for improving alignment between
state guidance and federal law requirements on prior written notice by January 15, 2020.
The working group must report its recommendations to the chairs and ranking minority
members of the legislative committees or divisions with jurisdiction over kindergarten
through grade 12 education.
new text end

new text begin (e) This section expires January 16, 2020, or the day after the working group submits
the report required by this section, 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. 8. new text beginINDIVIDUALIZED EDUCATION PROGRAM; RULE AMENDMENT.
new text end

new text begin The commissioner of education must amend Minnesota Rules, part 3525.2810, subpart
2, item A, to allow but not require an individualized education program to report a student's
performance on general state or districtwide assessments.
new text end

Sec. 9. new text beginREVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber the provisions of Minnesota Statutes listed in
column A to the references listed in column B.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 136D.01
new text end
new text begin 123C.01
new text end
new text begin 136D.21
new text end
new text begin 123C.20
new text end
new text begin 136D.22, subdivisions 1 and 2
new text end
new text begin 123C.21, subdivisions 1 and 2
new text end
new text begin 136D.23
new text end
new text begin 123C.22
new text end
new text begin 136D.24
new text end
new text begin 123C.23
new text end
new text begin 136D.25
new text end
new text begin 123C.24
new text end
new text begin 136D.26
new text end
new text begin 123C.25
new text end
new text begin 136D.29
new text end
new text begin 123C.26
new text end
new text begin 136D.31
new text end
new text begin 123C.27
new text end
new text begin 136D.41
new text end
new text begin 123C.30
new text end
new text begin 136D.42
new text end
new text begin 123C.31
new text end
new text begin 136D.43
new text end
new text begin 123C.32
new text end
new text begin 136D.44
new text end
new text begin 123C.33
new text end
new text begin 136D.45
new text end
new text begin 123C.34
new text end
new text begin 136D.46
new text end
new text begin 123C.35
new text end
new text begin 136D.47
new text end
new text begin 123C.36
new text end
new text begin 136D.48
new text end
new text begin 123C.37
new text end
new text begin 136D.49
new text end
new text begin 123C.02
new text end
new text begin 136D.71, subdivision 1
new text end
new text begin 123C.60, subdivision 1
new text end
new text begin 136D.72
new text end
new text begin 123C.61
new text end
new text begin 136D.73, subdivision 1
new text end
new text begin 123C.63, subdivision 1
new text end
new text begin 136D.73, subdivision 2
new text end
new text begin 123C.63, subdivision 3
new text end
new text begin 136D.73, subdivision 4
new text end
new text begin 123C.63, subdivision 4
new text end
new text begin 136D.73, subdivision 4a
new text end
new text begin 123C.63, subdivision 5
new text end
new text begin 136D.73, subdivision 4b
new text end
new text begin 123C.63, subdivision 6
new text end
new text begin 136D.73, subdivision 4c
new text end
new text begin 123C.63, subdivision 7
new text end
new text begin 136D.73, subdivision 5
new text end
new text begin 123C.63, subdivision 8
new text end
new text begin 136D.74, subdivision 1
new text end
new text begin 123C.62, subdivision 1
new text end
new text begin 136D.74, subdivision 1a
new text end
new text begin 123C.62, subdivision 2
new text end
new text begin 136D.74, subdivision 1b
new text end
new text begin 123C.62, subdivision 3
new text end
new text begin 136D.76, subdivision 1
new text end
new text begin 123C.63, subdivision 2
new text end
new text begin 136D.76, subdivision 2
new text end
new text begin 123C.60, subdivision 2
new text end
new text begin 136D.81, subdivision 1
new text end
new text begin 123C.70
new text end
new text begin 136D.82, subdivisions 1 and 2
new text end
new text begin 123C.71, subdivisions 1 and 2
new text end
new text begin 136D.83
new text end
new text begin 123C.72
new text end
new text begin 136D.84
new text end
new text begin 123C.73
new text end
new text begin 136D.85
new text end
new text begin 123C.74
new text end
new text begin 136D.86
new text end
new text begin 123C.75
new text end
new text begin 136D.90, subdivision 1
new text end
new text begin 123C.76
new text end
new text begin 136D.92
new text end
new text begin 123C.77
new text end

new text begin (b) The revisor of statutes shall make necessary cross-reference changes in Minnesota
Statutes consistent with the renumbering in this section, and if Minnesota Statutes, chapter
136D, is further amended in the 2019 legislative session, shall codify the amendments in a
manner consistent with this act. The revisor may make necessary changes to sentence
structure to preserve the meaning of the text.
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. 10. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 136D.93, new text end new text begin is repealed.
new text end

ARTICLE 5

HEALTH AND SAFETY

Section 1.

Minnesota Statutes 2018, section 120B.21, is amended to read:


120B.21 MENTAL HEALTH EDUCATION.

School districts and charter schools are encouraged to provide mental health instruction
for students in grades deleted text begin6deleted text end new text begin4 new text endthrough 12 aligned with local health standards and integrated into
existing programs, curriculum, or the general school environment of a district or charter
school. The commissioner, in consultation with the commissioner of human servicesnew text begin,
commissioner of health,
new text end and mental health organizations, deleted text beginis encouraged todeleted text end new text beginmust, by July 1,
2020, and July 1 of each even-numbered year thereafter,
new text endprovide districts and charter schools
with:

(1) age-appropriate model learning activities for grades deleted text begin6deleted text end new text begin4 new text endthrough 12 that encompass
the mental health components of the National Health Education Standards and the
benchmarks developed by the department's quality teaching network in health and best
practices in mental health education; and

(2) a directory of resources for planning and implementing age-appropriate mental health
curriculum and instruction in grades deleted text begin6deleted text endnew text begin 4new text end through 12new text begin that includes resources on suicide and
self-harm prevention
new text end.

Sec. 2.

new text begin [120B.211] SEXUAL HEALTH EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Model program. new text end

new text begin (a) The commissioner of education must, in consultation
with the commissioner of health and other qualified experts, identify one or more model
comprehensive sexual health education programs for elementary and secondary school
students. The commissioner must use the rulemaking process under section 14.389, including
a hearing under section 14.389, subdivision 5, to identify a model program under this section.
The commissioner must provide school districts and charter schools with access to the model
program, including written materials, curriculum resources, and training for instructors by
June 1, 2021.
new text end

new text begin (b) The model program must include medically accurate instruction that is age and
developmentally appropriate on:
new text end

new text begin (1) human anatomy, reproduction, and sexual development;
new text end

new text begin (2) consent, bodily autonomy, and healthy relationships, including relationships involving
diverse sexual orientations and gender identities;
new text end

new text begin (3) abstinence and other methods for preventing unintended pregnancy and sexually
transmitted infections; and
new text end

new text begin (4) the relationship between substance use and sexual behavior and health.
new text end

new text begin (c) "Consent" as used in this section means affirmative, conscious, and voluntary
agreement to engage in interpersonal, physical, or sexual activity.
new text end

new text begin Subd. 2. new text end

new text begin School programs. new text end

new text begin (a) Starting in the 2021-2022 school year, a school district
or charter school must implement a comprehensive sexual health education program for
students in elementary and secondary school, including students with disabilities and students
enrolled in a state-approved alternative program. The sexual health education program must
include instruction on the topics listed in subdivision 1, paragraph (b), and must:
new text end

new text begin (1) respect community values and encourage students to communicate with parents or
guardians; faith, health, and social services professionals; and other trusted adults about
sexuality and intimate relationships;
new text end

new text begin (2) respond to culturally diverse individuals, families, and communities in an inclusive,
respectful, and effective manner; and
new text end

new text begin (3) provide students with information about local resources where students may obtain
medically accurate information and services related to sexual and reproductive health, dating
violence, and sexual assault.
new text end

new text begin (b) A school district or charter school sexual health education program must include
notification to:
new text end

new text begin (1) students and school employees regarding criminal penalties for engaging in sexual
contact with minors and the availability of mistake as to age or consent of the minors as a
defense; and
new text end

new text begin (2) school employees and administrators that a teacher or administrator who engages in
sexual contact with a student may be found in violation of the teacher code of ethics and
that such conduct may be grounds for suspension or revocation of a teaching license in
accordance with section 122A.20, subdivision 1, paragraph (a), clause (1).
new text end

new text begin (c) The superintendent of a school district or person having administrative control over
a charter school must submit to the commissioner an annual assurance of compliance with
the requirements of this section. The assurance must state whether the district or charter
school adopted a model program identified in accordance with subdivision 1, or whether
the district or charter school adopted a different program. The assurances must be in the
form and manner prescribed by the commissioner.
new text end

new text begin (d) Notwithstanding any law to the contrary, instruction in a sexual health education
program under this section may be provided by a person without a teaching license who is
employed by the school district, charter school, or a community organization if the school
administration determines the school employee or community organization has necessary
content expertise.
new text end

new text begin Subd. 3. new text end

new text begin Parental review. new text end

new text begin A school district or charter school must provide instruction
under this section consistent with the parental curriculum review requirements in section
120B.20.
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 [121A.032] SCHOOL SEXUAL HARASSMENT AND SEX
DISCRIMINATION POLICY COMPLIANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin To support school compliance with state and federal sexual
harassment and sex discrimination laws, the Department of Education must:
new text end

new text begin (1) provide leadership, consultation, and technical assistance to districts on the
responsibilities of district-designated Title IX coordinators;
new text end

new text begin (2) collaborate with state experts on sexual violence, including the Department of Health
Sexual Violence Prevention Unit and the Department of Human Rights, to establish model
protocols, material development, and training to district-designated Title IX coordinators
as appropriate;
new text end

new text begin (3) disseminate guidance from the federal government on Title IX, including school-based
sexual harassment and sexual violence;
new text end

new text begin (4) collect and maintain an updated statewide list of Title IX coordinators for all public
school districts;
new text end

new text begin (5) serve as the state lead on Title IX for schools, parents, students, and community
organizations; and
new text end

new text begin (6) upon request from a school district, provide specific training to public schools on
preventing and responding to sexual violence, conducting trauma-informed investigations,
and provide redress for victims, including but not limited to accommodations during the
investigation as requested.
new text end

new text begin Subd. 2. new text end

new text begin Training. new text end

new text begin The Department of Education must provide training to Title IX
coordinators on state and federal sexual harassment and sex discrimination laws every other
year. The training must include responding to allegations, conducting investigations, and
reviewing and implementing prevention policies focused on changing culture.
new text end

Sec. 4.

Minnesota Statutes 2018, section 121A.22, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

new text begin(a) new text endThis section applies only:

(1) when the parent of a pupil requests school personnel to administer drugs or medicine
to the pupil; or

(2) when administration is allowed by the individualized education program of a child
with a disability.

The request of a parent may be oral or in writing. An oral request must be reduced to
writing within two school days, provided that the district may rely on an oral request until
a written request is received.

new text begin (b) If the administration of a drug or medication described in paragraph (a) requires the
school to store the drugs or medication, the parent or legal guardian must inform the school
if the drug or medication is a controlled substance. For drugs or medications that are not
controlled substances, the request must include a provision designating the school district
as an authorized entity to transport the drug or medication for the purpose of destruction if
any unused drug or medication is left in the possession of school personnel. For drugs or
medications that are controlled substances, the request must specify that the parent or legal
guardian is required to retrieve the drug when requested by the school.
new text end

Sec. 5.

Minnesota Statutes 2018, section 121A.22, is amended by adding a subdivision to
read:


new text begin Subd. 4a. new text end

new text begin Unclaimed drugs or medications. new text end

new text begin (a) Each school district shall adopt a
procedure for the collection and transport of any unclaimed or abandoned prescription drugs
or over-the-counter medications left in the possession of school personnel in accordance
with this subdivision. The procedure must ensure that before the transportation of any
prescription drug under this subdivision, the school district shall make a reasonable attempt
to return the unused prescription drug to the student's parent or legal guardian. The procedure
must provide that transportation of unclaimed or unused prescription drugs or
over-the-counter medications occur at least annually, or more frequently as determined by
the school district.
new text end

new text begin (b) If the unclaimed or abandoned prescription drug is not a controlled substance as
defined under section 152.01, subdivision 4, or is an over-the-counter medication, the school
district may designate an individual who shall be responsible for transporting the drugs or
medications to a designated drop-off box or collection site or may request that a law
enforcement agency transport the drugs or medications to a drop-off box or collection site
on behalf of the school district.
new text end

new text begin (c) If the unclaimed or abandoned prescription drug is a controlled substance as defined
in section 152.01, subdivision 4, a school district or school personnel is prohibited from
transporting the prescription drug to a drop-off box or collection site for prescription drugs
identified under this paragraph. The school district must request that a law enforcement
agency transport the prescription drug or medication to a collection bin that complies with
Drug Enforcement Agency regulations, or if a site is not available, under the agency's
procedure for transporting drugs.
new text end

Sec. 6.

new text begin [121A.223] POSSESSION AND USE OF SUNSCREEN.
new text end

new text begin A school district must allow a student to possess and apply a topical sunscreen product
during the school day, while on school property, or at a school-sponsored event without a
prescription, physician's note, or other documentation from a licensed health care
professional. A school district may adopt a policy related to student possession and use of
sunscreen consistent with this section. Nothing in this section requires school personnel to
provide sunscreen or assist students in applying sunscreen.
new text end

Sec. 7.

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


Subd. 2.

Definitions.

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

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

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

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

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

(c) "Facility" means:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) "Nonmaltreatment mistake" means:

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

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

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

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

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

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

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

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

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

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

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

(2) striking a child with a closed fist;

(3) shaking a child under age three;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 8. new text beginSEXUAL HEALTH EDUCATION REPORT.
new text end

new text begin The commissioner of education must submit a report to the committees of the legislature
having jurisdiction over kindergarten through grade 12 education on the sexual health
education program required under Minnesota Statutes, section 120B.211. The report must
include:
new text end

new text begin (1) a description of how the model sexual health education program or programs were
identified;
new text end

new text begin (2) assistance provided to school districts and charter schools implementing a sexual
health education program;
new text end

new text begin (3) the number of school districts and charter schools that adopted each model program;
and
new text end

new text begin (4) a list of the school districts and charter schools that did not adopt the model program.
new text end

new text begin The commissioner must submit the report no later than January 15, 2022, and must submit
the report in accordance with Minnesota Statutes, section 3.195.
new text end

ARTICLE 6

FACILITIES

Section 1.

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


Subd. 3.

Frequency of testing.

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

new text begin (b) A school district or charter school that finds lead at a specific location providing
cooking or drinking water within a facility must formulate, make publicly available, and
implement a plan that is consistent with established guidelines and recommendations to
ensure that student exposure to lead is minimized. This includes, when a school district or
charter school finds the presence of lead at a level where action should be taken as set by
the guidance in any water source that can provide cooking or drinking water, immediately
shutting off the water source or making it unavailable until the hazard has been minimized.
new text end

Sec. 2.

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


Subd. 5.

Reporting.

A school district new text beginor charter school new text endthat has tested its buildings for
the presence of lead shall make the results of the testing available to the public for review
and must notify parents of the availability of the information.new text begin School districts and charter
schools must follow the actions outlined in guidance from the commissioners of health and
education. If a test conducted under subdivision 3, paragraph (a), reveals the presence of
lead above a level where action should be taken as set by the guidance, the school district
or charter must, within 30 days of receiving the test result, either remediate the presence of
lead to below the level set in the guidance, verified by retest, or directly notify parents of
the test result. The school district or charter school must make the water source unavailable
until the hazard has been minimized.
new text end

Sec. 3.

Minnesota Statutes 2018, section 123B.52, subdivision 6, is amended to read:


Subd. 6.

Disposing of surplus school computers.

new text begin(a) new text endNotwithstanding section 471.345,
governing school district contracts made upon sealed bid or otherwise complying with the
requirements for competitive bidding, other provisions of this section governing school
district contracts, or other law to the contrary, a school district under this subdivision may
dispose ofnew text begin school computers, including a tablet device.
new text end

new text begin (b) A school district may dispose ofnew text end a surplus school computer and related equipment
if the district disposes of the surplus property by conveying the property and title to:

(1) another school district;

(2) the state Department of Corrections;

(3) the Board of Trustees of the Minnesota State Colleges and Universities; or

(4) the family of a student residing in the district whose total family income meets the
federal definition of poverty.

new text begin (c) If surplus school computers are not disposed of under paragraph (b), upon adoption
of a written resolution of the school board, when updating or replacing school computers,
including tablet devices, used primarily by students, a school district may sell or give used
computers or tablets to qualifying students at the price specified in the written resolution.
A student is eligible to apply to the school board for a computer or tablet under this
subdivision if the student is currently enrolled in the school and intends to enroll in the
school in the year following the receipt of the computer or tablet. If more students apply
for computers or tablets than are available, the school must first qualify students whose
families are eligible for free or reduced-price meals, and then dispose of the remaining
computers or tablets by lottery.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 4.

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


123B.571 RADON TESTING.

Subdivision 1.

deleted text beginVoluntarydeleted text end Plan.

The commissioners of health and education may jointly
develop a plan to encourage school districts new text beginand charter schools new text endto accurately and efficiently
test for the presence of radon in public school buildings serving students in kindergarten
through grade 12. new text beginFor purposes of this section, buildings also include the Minnesota State
Academies in Faribault and the Perpich Center for Arts Education in Golden Valley.
new text endTo the
extent possible, the commissioners deleted text beginshalldeleted text endnew text begin mustnew text end base the plan on the standards established by
the United States Environmental Protection Agency.

Subd. 2.

Radon testing.

A school district may include radon testing as a part of its
ten-year facility plan under section 123B.595, subdivision 4. If a school district receives
authority to use long-term facilities maintenance revenue to conduct radon testing, the
district shall conduct the testing according to the radon testing plan developed by the
commissioners of health and education.

Subd. 3.

Reporting.

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

new text begin Subd. 4. new text end

new text begin Testing requirements. new text end

new text begin (a) A school district or charter school must adopt a
radon testing schedule requiring a short-term or long-term test be conducted in every building
serving students at least once every five years. A school district or charter school must begin
testing school buildings by July 1, 2020, and complete testing of all buildings that serve
students within five years.
new text end

new text begin (b) Tests must be conducted with certified radon testing devices as listed by either the
National Radon Proficiency Program or the National Radon Safety Board. Tests must test
all frequently occupied rooms with ground contact and rooms immediately above unoccupied
spaces that are in contact with the ground, such as crawl spaces and tunnels.
new text end

new text begin (c) If a radon test shows that a frequently occupied room has a radon level at or above
four picocuries per liter, a school district or charter school must mitigate or take corrective
action, and retest after corrective measures to show radon reductions. A school district or
charter school must follow the Radon Mitigation Standards for Schools and Large Buildings
released by the American National Standards Institute/American Association of Radon
Scientists and Technologists. The district or charter school must conduct follow-up testing
within two years.
new text end

Sec. 5.

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


Subdivision 1.

Municipality defined.

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

ARTICLE 7

NUTRITION

Section 1.

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


124D.111 new text beginSCHOOL MEALS POLICIES; new text endLUNCH AID; FOOD SERVICE
ACCOUNTING.

Subdivision 1.

School deleted text beginlunch aid computationdeleted text endnew text begin meals policiesnew text end.

new text begin (a) Each Minnesota
participant in the national school lunch program must adopt and post to its website, or the
website of the organization where the meal is served, a school meals policy.
new text end

new text begin (b) The policy must be in writing and clearly communicate student meal charges when
payment cannot be collected at the point of service. The policy must be reasonable and
well-defined and maintain the dignity of students by prohibiting lunch shaming or otherwise
ostracizing the student.
new text end

new text begin (c) The policy must address whether the participant uses a collection agency to collect
unpaid school meals debt.
new text end

new text begin (d) The policy must ensure that once a participant has placed a meal on a tray or otherwise
served the meal to a student, the meal may not be subsequently withdrawn from the student
by the cashier or other school official, whether or not the student has an outstanding meals
balance.
new text end

new text begin (e) The policy must ensure that a student who has been determined eligible for free and
reduced-price lunch must always be served a reimbursable meal even if the student has an
outstanding debt.
new text end

new text begin (f) If a school contracts with a third party for its meal services, it must provide the vendor
with its school meals policy. Any contract between the school and a third-party provider
entered into or modified after July 1, 2019, must ensure that the third-party provider adheres
to the participant's school meals policy.
new text end

new text begin Subd. 1a. new text end

new text begin School lunch aid amounts. new text end

Each school year, the state must pay participants
in the national school lunch program the amount of 12.5 cents for each full paid and free
student lunch and 52.5 cents for each reduced-price lunch served to students.

Subd. 2.

Application.

A school district, charter school, nonpublic school, or other
participant in the national school lunch program shall apply to the department for this
payment on forms provided by the department.

Subd. 2a.

Federal child and adult care food program; criteria and notice.

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. 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.

Subd. 3.

School food service fund.

(a) The expenses described in this subdivision must
be recorded as provided in this subdivision.

(b) In each district, the expenses for a school food service program for pupils must be
attributed to a school food service fund. Under a food service program, the school food
service may prepare or serve milk, meals, or snacks in connection with school or community
service activities.

(c) Revenues and expenditures for food service activities must be recorded in the food
service fund. The costs of processing applications, accounting for meals, preparing and
serving food, providing kitchen custodial services, and other expenses involving the preparing
of meals or the kitchen section of the lunchroom may be charged to the food service fund
or to the general fund of the district. The costs of lunchroom supervision, lunchroom custodial
services, lunchroom utilities, and other administrative costs of the food service program
must be charged to the general fund.

That portion of superintendent and fiscal manager costs that can be documented as
attributable to the food service program may be charged to the food service fund provided
that the school district does not employ or contract with a food service director or other
individual who manages the food service program, or food service management company.
If the cost of the superintendent or fiscal manager is charged to the food service fund, the
charge must be at a wage rate not to exceed the statewide average for food service directors
as determined by the department.

(d) Capital expenditures for the purchase of food service equipment must be made from
the general fund and not the food service fund, unless the restricted balance in the food
service fund at the end of the last fiscal year is greater than the cost of the equipment to be
purchased.

(e) If the condition set out in paragraph (d) applies, the equipment may be purchased
from the food service fund.

(f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit
is not eliminated by revenues from food service operations in the next fiscal year, then the
deficit must be eliminated by a permanent fund transfer from the general fund at the end of
that second fiscal year. However, if a district contracts with a food service management
company during the period in which the deficit has accrued, the deficit must be eliminated
by a payment from the food service management company.

(g) Notwithstanding paragraph (f), a district may incur a deficit in the food service fund
for up to three years without making the permanent transfer if the district submits to the
commissioner by January 1 of the second fiscal year a plan for eliminating that deficit at
the end of the third fiscal year.

(h) If a surplus in the food service fund exists at the end of a fiscal year for three
successive years, a district may recode for that fiscal year the costs of lunchroom supervision,
lunchroom custodial services, lunchroom utilities, and other administrative costs of the food
service program charged to the general fund according to paragraph (c) and charge those
costs to the food service fund in a total amount not to exceed the amount of surplus in the
food service fund.

Subd. 4.

No fees.

A participant that receives school lunch aid under this section must
make lunch available without chargenew text begin and must not deny a school lunchnew text end to all participating
students who qualify for free or reduced-price mealsnew text begin, whether or not that student has an
outstanding balance in the student's meals account attributable to a la carte purchases or for
any other reason
new text end.

new text begin Subd. 5. new text end

new text begin Respectful treatment. new text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

ARTICLE 8

STATE AGENCIES

Section 1.

Minnesota Statutes 2018, section 120B.122, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginPurposedeleted text endnew text begin Dutiesnew text end.

new text begin(a) new text endThe department must employ a dyslexia specialist
to provide technical assistance for dyslexia and related disorders and to serve as the primary
source of information and support for schools in addressing the needs of students with
dyslexia and related disorders.

new text begin (b)new text end The dyslexia specialist deleted text beginshall also act todeleted text endnew text begin mustnew text end increase professional awareness and
instructional competencies to meet the educational needs of students with dyslexia or
identified with risk characteristics associated with dyslexia and deleted text beginshalldeleted text endnew text begin mustnew text end develop
implementation guidance and make recommendations to the commissioner consistent with
section 122A.06, subdivision 4, to be used to assist general education teachers and special
education teachers to recognize educational needs and to improve literacy outcomes for
students with dyslexia or identified with risk characteristics associated with dyslexia,
including recommendations related to increasing the availability of online and asynchronous
professional development programs and materials.

new text begin (c) The dyslexia specialist must provide guidance to school districts and charter schools
on how to:
new text end

new text begin (1) access tools to screen and identify students showing characteristics associated with
dyslexia in accordance with section 120B.12, subdivision 2, paragraph (a);
new text end

new text begin (2) implement screening for characteristics associated with dyslexia in accordance with
section 120B.12, subdivision 2, paragraph (a), and in coordination with other early childhood
screenings; and
new text end

new text begin (3) participate in professional development opportunities pertaining to intervention
strategies and accommodations for students with dyslexia or characteristics associated with
dyslexia.
new text end

new text begin (d) The dyslexia specialist must provide guidance to the Professional Educator Licensing
and Standards Board on developing licensing renewal requirements under section 122A.187,
subdivision 5, on understanding dyslexia, recognizing dyslexia characteristics in students,
and using evidence-based best practices.
new text end

new text begin (e) Nothing in this subdivision limits the ability of the dyslexia specialist to do other
dyslexia related work as directed by the commissioner.
new text end

Sec. 2.

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


127A.052 SCHOOL SAFETY TECHNICAL ASSISTANCE CENTER.

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

(b) The center's services shall include:

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

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

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

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

(5) education and skill building;

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

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

(c) The center shall:

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

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

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

(ii) model programming;

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 3. new text beginREVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall substitute the term "School Climate Technical Assistance
Center" for "School Safety Technical Assistance Center" wherever the term appears in
Minnesota Statutes.
new text end

new text begin (b) The revisor of statutes shall substitute the term "School Climate Technical Assistance
Council" for "School Safety Technical Assistance Council" wherever the term appears in
Minnesota Statutes.
new text end

Sec. 4. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 127A.051, subdivision 7, 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 the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: H1711-1

122A.09 DUTIES.

Subdivision 1.

Code of ethics.

The Professional Educator Licensing and Standards Board must develop by rule a code of ethics covering standards of professional teaching practices, including areas of ethical conduct and professional performance and methods of enforcement.

122A.182 TIER 2 LICENSE.

Subd. 2.

Coursework.

(a) A candidate for a Tier 2 license must meet the coursework requirement by demonstrating completion of two of the following:

(1) at least eight upper division or graduate-level credits in the relevant content area;

(2) field-specific methods of training, including coursework;

(3) at least two years of teaching experience in a similar content area in any state, as determined by the board;

(4) a passing score on the pedagogy and content exams under section 122A.185; or

(5) completion of a state-approved teacher preparation program.

(b) For purposes of paragraph (a), "upper division" means classes normally taken at the junior or senior level of college which require substantial knowledge and skill in the field. Candidates must identify the upper division credits that fulfill the requirement in paragraph (a), clause (1).

127A.051 SCHOOL SAFETY TECHNICAL ASSISTANCE COUNCIL.

Subd. 7.

Expiration.

The council expires on June 30, 2019.

127A.14 COMMISSIONER PURCHASE OF ANNUITY FOR EMPLOYEES.

Subdivision 1.

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

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

Subd. 2.

Annuity account; appropriation.

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

136D.93 OTHER MEMBERSHIP AND POWERS.

In addition to the districts listed in sections 136D.21, 136D.71, and 136D.81, the agreement of an intermediate school district established under this chapter may provide for the membership of other school districts and cities, counties, and other governmental units as defined in section 471.59. In addition to the powers listed in sections 136D.25, 136D.73, and 136D.84, an intermediate school board may provide the services defined in section 123A.21, subdivisions 7 and 8.

Repealed Minnesota Session Laws: H1711-1

Laws 2017, First Special Session chapter 5, article 11, section 6

Sec. 6.

Minnesota Statutes 2016, section 122A.21, subdivision 2, is amended to read:


Subd. 2.

Licensure via portfolio.

(a) An eligible candidate may use licensure via portfolio to obtain a professional five-year teaching license or to add a licensure field, consistent with applicable Board of Teaching licensure rules.

(b) A candidate for a professional five-year teaching license must submit to the Educator Licensing Division at the department one portfolio demonstrating pedagogical competence and one portfolio demonstrating content competence.

(c) A candidate seeking to add a licensure field must submit to the Educator Licensing Division at the department one portfolio demonstrating content competence.

(d) The Board of Teaching must notify a candidate who submits a portfolio under paragraph (b) or (c) within 90 calendar days after the portfolio is received whether or not the portfolio was approved. If the portfolio was not approved, the board must immediately inform the candidate how to revise the portfolio to successfully demonstrate the requisite competence. The candidate may resubmit a revised portfolio at any time and the Educator Licensing Division at the department must approve or disapprove the portfolio within 60 calendar days of receiving it.

(e) A candidate must pay to the executive secretary of the Board of Teaching a $300 fee for the first portfolio submitted for review and a $200 fee for any portfolio submitted subsequently. The deleted text beginrevenue generated fromdeleted text endnew text begin Board of Teaching executive secretary must depositnew text end the fee deleted text beginmust be depositeddeleted text end in deleted text beginan educationdeleted text endnew text begin the educatornew text end licensure deleted text beginportfoliodeleted text end account in the special revenue fund. The fees set by the Board of Teaching are nonrefundable for applicants not qualifying for a license. The Board of Teaching may waive or reduce fees for candidates based on financial need.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019. new text end

Repealed Minnesota Rule: H1711-1

8710.2100 CODE OF ETHICS FOR MINNESOTA TEACHERS.

Subpart 1.

Scope.

Each teacher, upon entering the teaching profession, assumes a number of obligations, one of which is to adhere to a set of principles which defines professional conduct. These principles are reflected in the following code of ethics, which sets forth to the education profession and the public it serves standards of professional conduct and procedures for implementation.

This code shall apply to all persons licensed according to rules established by the Professional Educator Licensing and Standards Board.

Subp. 2.

Standards of professional conduct.

The standards of professional conduct are as follows:

A.

A teacher shall provide professional education services in a nondiscriminatory manner.

B.

A teacher shall make reasonable effort to protect the student from conditions harmful to health and safety.

C.

In accordance with state and federal laws, a teacher shall disclose confidential information about individuals only when a compelling professional purpose is served or when required by law.

D.

A teacher shall take reasonable disciplinary action in exercising the authority to provide an atmosphere conducive to learning.

E.

A teacher shall not use professional relationships with students, parents, and colleagues to private advantage.

F.

A teacher shall delegate authority for teaching responsibilities only to licensed personnel.

G.

A teacher shall not deliberately suppress or distort subject matter.

H.

A teacher shall not knowingly falsify or misrepresent records or facts relating to that teacher's own qualifications or to other teachers' qualifications.

I.

A teacher shall not knowingly make false or malicious statements about students or colleagues.

J.

A teacher shall accept a contract for a teaching position that requires licensing only if properly or provisionally licensed for that position.