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HF 6

as introduced - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/21/2020 01:23am

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

Bill Text Versions

Engrossments
Introduction Posted on 07/13/2020

Current Version - as introduced

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A bill for an act
relating to education; providing for general education; education excellence;
teachers; Department of Education housekeeping; nutrition; and early childhood
education; amending Minnesota Statutes 2018, sections 13.32, subdivision 3, as
amended; 120A.22, subdivision 7; 120B.021, subdivision 2; 120B.11, subdivisions
2, 3; 121A.031, subdivisions 5, 6; 121A.41, subdivision 10, by adding subdivisions;
121A.45, subdivision 1; 121A.46, subdivision 4, by adding a subdivision; 121A.47,
subdivisions 2, 14; 121A.53, subdivision 1; 121A.55; 122A.40, subdivision 8;
122A.41, subdivision 5; 123B.09, subdivision 2; 123B.147, subdivision 3;
124D.111; 124D.74, subdivision 1; 124D.78, subdivisions 1, 3; 124D.79,
subdivision 2; 124D.81, subdivision 1; 124D.861, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapters 120B; 124D.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

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, including
new text begin (i) new text endthe English and, where practicable, the native language development and the academic
achievement of English learnersdeleted text begin;deleted text endnew 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
deleted text begin low-income and minoritydeleted text end children new text beginfrom low-income families, families of color, and American
Indian families
new text endare 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 staff;
new text end and a collaborative professional culture that deleted text begindevelops and
supports
deleted text endnew text begin retains qualified and racially, ethnically, and linguistically 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 of final enactment.
new text end

Sec. 2.

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


Subd. 3.

District advisory committee.

Each 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 mustnew 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. The district advisory committee deleted text beginshalldeleted text endnew text begin mustnew text end recommend to the school
board rigorous academic standardsdeleted text begin,deleted text endnew text begin;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 district
assessmentsdeleted text begin,deleted text endnew text begin;new text end means to improve students' equitable access to effective and more diverse
teachersdeleted text begin,deleted text endnew text begin; strategies to ensure the curriculum and learning and work environments are
inclusive and respectful toward all racial and ethnic groups;
new text end and program evaluations. 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 mustnew text end comprise
at least two-thirds of advisory committee members.

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 of final enactment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 123B.09, subdivision 2, is amended to read:


Subd. 2.

School board member training.

A member shall receive training in school
finance and management developed in consultation with the Minnesota School Boards
Association and consistent with section 127A.19. The School Boards Association must
make available to each newly elected school board member training in school finance and
management consistent with section 127A.19 within 180 days of that member taking office.
The program shall be developed in consultation with the department and appropriate
representatives of higher education.new text begin For purposes of this subdivision only, the definition of
school board member includes a board member of a tribal contract school under section
124D.83.
new text end

Sec. 4.

Minnesota Statutes 2018, section 123B.147, subdivision 3, is amended to read:


Subd. 3.

Duties; evaluation.

(a) The principal shall provide administrative, supervisory,
and instructional leadership services, under the supervision of the superintendent of schools
of the district and according to the policies, rules, and regulations of the school board, for
the planning, management, operation, and evaluation of the education program of the building
or buildings to which the principal is assigned.

(b) To enhance a principal's new text beginculturally responsive new text endleadership skills and support and
improve teaching practices, school performance, and student achievement for diverse student
populations, including at-risk students, children with disabilities, English learners, and gifted
students, among others, a district must develop and implement a performance-based system
for annually evaluating school principals assigned to supervise a school building within the
district. The evaluation must be designed to improve teaching and learning by supporting
the principal in shaping the school's professional environment and developing teacher
quality, performance, and effectiveness. The annual evaluation must:

(1) support and improve a principal's instructional leadership, organizational management,
and professional development, and strengthen the principal's capacity in the areas of
instruction, supervision, evaluation, and teacher development;

new text begin (2) support and improve a principal's culturally responsive leadership practices that
create inclusive and respectful teaching and learning environments for all students, families,
and employees;
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end include formative and summative evaluations based on multiple measures of
student progress toward career and college readiness;

deleted text begin (3)deleted text end new text begin(4) new text endbe consistent with a principal's job description, a district's long-term plans and
goals, and the principal's own professional multiyear growth plans and goals, all of which
must support the principal's leadership behaviors and practices, rigorous curriculum, school
performance, and high-quality instruction;

deleted text begin (4)deleted text endnew text begin (5)new text end include on-the-job observations and previous evaluations;

deleted text begin (5)deleted text end new text begin(6) new text endallow surveys to help identify a principal's effectiveness, leadership skills and
processes, and strengths and weaknesses in exercising leadership in pursuit of school success;

deleted text begin (6)deleted text endnew text begin (7)new text end use longitudinal data on student academic growth as 35 percent of the evaluation
and incorporate district achievement goals and targets;

deleted text begin (7)deleted text endnew text begin (8)new text end be linked to professional development that emphasizes improved teaching and
learning, curriculum and instruction, student learning, new text beginculturally responsive leadership
practices,
new text endand a collaborative professional culture; and

deleted text begin (8)deleted text endnew text begin (9)new text end for principals not meeting standards of professional practice or other criteria
under this subdivision, implement a plan to improve the principal's performance and specify
the procedure and consequence if the principal's performance is not improved.

The provisions of this paragraph are intended to provide districts with sufficient flexibility
to accommodate district needs and goals related to developing, supporting, and evaluating
principals.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 5.

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.
deleted text begin Plan components may include: innovative and integrated prekindergarten through grade 12
learning environments that offer students school enrollment choices; family engagement
initiatives that involve families in their students' academic life and success; 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; 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 recruitment and retention of teachers and administrators with
diverse racial and ethnic backgrounds.
deleted text end

new text begin (b) new text endThe 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, ethnic, and linguistic 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. 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, inequitable
participation in cocurricular activities, inequitable parent involvement, and lack of access
to racially and ethnically diverse teachers.
new text end

new text begin (d) Plan components and strategies should be informed by local data and may include
but are not limited to the following efforts:
new text end

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

new text begin (2) family engagement initiatives that involve families in their students' academic life
and success, and improve relations between home and school;
new text end

new text begin (3) creating opportunities for students, families, staff, and community members who are
of color or American Indian to share their experiences in the school setting with school staff
and administration to inform development of specific proposals for making school
environments more inclusive and respectful toward all students, families, and staff;
new text end

new text begin (4) professional development opportunities for teachers and administrators focused on
improving the academic achievement of all students, including knowledge, skills, and
dispositions needed to be culturally responsive and successfully serve students who are
from diverse racial, ethnic, and linguistic backgrounds;
new text end

new text begin (5) recruitment and retention of teachers, administrators, cultural and family liaisons,
paraprofessionals, and other nonlicensed staff from racial, ethnic, and linguistic backgrounds
represented in the student population to strengthen relationships with all students, families,
and other members of the community;
new text end

new text begin (6) 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 (7) increased programmatic opportunities and effective and more diverse instructors
focused on rigor and college and career readiness for underserved students, including but
not limited to students enrolled in alternative learning centers under section 123A.05, contract
alternative programs under section 124D.69, and public alternative programs under section
126C.05, subdivision 15;
new text end

new text begin (8) 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;
or
new text end

new text begin (9) examining and revising curricula in various subjects to be culturally relevant and
inclusive of various racial and ethnic groups while meeting state academic standards.
new text end

deleted text begin (b)deleted text endnew text begin (e)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 (f)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.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2018, section 13.32, subdivision 3, as amended by Laws
2020, First Special Session chapter 2, article 8, section 1, is amended to read:


Subd. 3.

Private data; when disclosure is permitted.

Except as provided in subdivision
5, educational data is private data on individuals and shall not be disclosed except as follows:

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

(c) pursuant to a statute specifically authorizing access to the private data;

(d) to disclose information in health, including mental health, and safety emergencies
pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code
of Federal Regulations, title 34, section 99.36;

(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;

(f) to appropriate health authorities to the extent necessary to administer immunization
programs and for bona fide epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to individuals in the public
educational agency or institution in which the investigation is being conducted;

(g) when disclosure is required for institutions that participate in a program under title
IV of the Higher Education Act, United States Code, title 20, section 1092;

(h) to the appropriate school district officials to the extent necessary under subdivision
6, annually to indicate the extent and content of remedial instruction, including the results
of assessment testing and academic performance at a postsecondary institution during the
previous academic year by a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;

(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
system to effectively serve, prior to adjudication, the student whose records are released;
provided that the authorities to whom the data are released submit a written request for the
data that certifies that the data will not be disclosed to any other person except as authorized
by law without the written consent of the parent of the student and the request and a record
of the release are maintained in the student's file;

(j) to volunteers who are determined to have a legitimate educational interest in the data
and who are conducting activities and events sponsored by or endorsed by the educational
agency or institution for students or former students;

(k) to provide student recruiting information, from educational data held by colleges
and universities, as required by and subject to Code of Federal Regulations, title 32, section
216;

(l) to the juvenile justice system if information about the behavior of a student who poses
a risk of harm is reasonably necessary to protect the health or safety of the student or other
individuals;

(m) with respect to Social Security numbers of students in the adult basic education
system, to Minnesota State Colleges and Universities and the Department of Employment
and Economic Development for the purpose and in the manner described in section 124D.52,
subdivision 7
;

(n) to the commissioner of education for purposes of an assessment or investigation of
a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request
by the commissioner of education, data that are relevant to a report of maltreatment and are
from charter school and school district investigations of alleged maltreatment of a student
must be disclosed to the commissioner, including, but not limited to, the following:

(1) information regarding the student alleged to have been maltreated;

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

(4) what corrective or protective action was taken, if any, by the school facility in response
to a report of maltreatment by an employee or agent of the school or school district;

(o) when the disclosure is of the final results of a disciplinary proceeding on a charge
of a crime of violence or nonforcible sex offense to the extent authorized under United
States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title
34, sections 99.31 (a)(13) and (14);

(p) when the disclosure is information provided to the institution under United States
Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7); deleted text beginor
deleted text end

(q) when the disclosure is to a parent of a student at an institution of postsecondary
education regarding the student's violation of any federal, state, or local law or of any rule
or policy of the institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution
has an information release form signed by the student authorizing disclosure to a parent.
The institution must notify parents and students about the purpose and availability of the
information release forms. At a minimum, the institution must distribute the information
release forms at parent and student orientation meetingsdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (r) to tribal nations about tribally enrolled or descendant students to allow the tribal
nation and school district or charter school to support the educational attainment of the
student.
new text end

Sec. 2.

Minnesota Statutes 2018, section 120A.22, subdivision 7, is amended to read:


Subd. 7.

Education records.

(a) A district, a charter school, or a nonpublic school that
receives services or aid under sections 123B.40 to 123B.48 from which a student is
transferring must transmit the student's educational records, within ten business days of a
request, to the district, the charter school, or the nonpublic school in which the student is
enrolling. Districts, charter schools, and nonpublic schools that receive services or aid under
sections 123B.40 to 123B.48 must make reasonable efforts to determine the district, the
charter school, or the nonpublic school in which a transferring student is next enrolling in
order to comply with this subdivision.

(b) A closed charter school must transfer the student's educational records, within ten
business days of the school's closure, to the student's school district of residence where the
records must be retained unless the records are otherwise transferred under this subdivision.

(c) A school district, a charter school, or a nonpublic school that receives services or aid
under sections 123B.40 to 123B.48 that transmits a student's educational records to another
school district or other educational entity, charter school, or nonpublic school to which the
student is transferring must include in the transmitted records information about any formal
suspension, expulsion, and exclusion disciplinary action under sections 121A.40 to 121A.56.new text begin
Transmitted records must document any service a pupil requires to prevent the inappropriate
behavior from recurring.
new text end The district, the charter school, or the nonpublic school that receives
services or aid under sections 123B.40 to 123B.48 must provide notice to a student and the
student's parent or guardian that formal disciplinary records will be transferred as part of
the student's educational record, in accordance with data practices under chapter 13 and the
Family Educational Rights and Privacy Act of 1974, United States Code, title 20, section
1232(g).

(d) Notwithstanding section 138.17, a principal or chief administrative officer must
remove from a student's educational record and destroy a probable cause notice received
under section 260B.171, subdivision 5, or paragraph (e), if one year has elapsed since the
date of the notice and the principal or chief administrative officer has not received a
disposition or court order related to the offense described in the notice. This paragraph does
not apply if the student no longer attends the school when this one-year period expires.

(e) A principal or chief administrative officer who receives a probable cause notice under
section 260B.171, subdivision 5, or a disposition or court order, must include a copy of that
data in the student's educational records if they are transmitted to another school, unless the
data are required to be destroyed under paragraph (d) or section 121A.75.

Sec. 3.

Minnesota Statutes 2018, section 120B.021, subdivision 2, is amended to read:


Subd. 2.

Standards development.

(a) The commissioner must consider advice from at
least the following stakeholders in developing statewide rigorous core academic standards
in language arts, mathematics, science, social studies, including history, geography,
economics, government and citizenship, and the arts:

new text begin (1) the Tribal Nations Education Committee under section 124D.79, subdivision 4, and
representatives from Minnesota's tribal nations and communities, including both Anishinaabe
and Dakota;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end parents of school-age children and members of the public throughout the state;

deleted text begin (2)deleted text endnew text begin (3)new text end teachers throughout the state currently licensed and providing instruction in
language arts, mathematics, science, social studies, or the arts and licensed elementary and
secondary school principals throughout the state currently administering a school site;

deleted text begin (3)deleted text endnew text begin (4)new text end currently serving members of local school boards and charter school boards
throughout the state;

deleted text begin (4)deleted text endnew text begin (5)new text end faculty teaching core subjects at postsecondary institutions in Minnesota; and

deleted text begin (5)deleted text endnew text begin (6)new text end representatives of the Minnesota business community.

(b) Academic standards must:

(1) be clear, concise, objective, measurable, and grade-level appropriate;

(2) not require a specific teaching methodology or curriculum; and

(3) be consistent with the Constitutions of the United States and the state of Minnesota.

Sec. 4.

new text begin [120B.25] CURRICULUM POLICY.
new text end

new text begin A school board must adopt a written policy that prohibits discrimination or discipline
for a teacher or principal on the basis of incorporating into curriculum contributions by
persons in a federally protected class or protected class under section 363A.13, consistent
with local collective bargaining agreements and sections 121A.41 to 121A.56.
new text end

Sec. 5.

Minnesota Statutes 2018, section 121A.031, subdivision 5, is amended to read:


Subd. 5.

Safe and supportive schools programming.

(a) Districts and schools are
encouraged to provide developmentally appropriate programmatic instruction to help students
identify, prevent, and reduce prohibited conduct; value diversity in school and society;
develop and improve students' knowledge and skills for solving problems, managing conflict,
engaging in civil discourse, and recognizing, responding to, and reporting prohibited conduct;
and make effective prevention and intervention programs available to students. Upon request,
the school safety technical assistance center under section 127A.052 must assist a district
or school in helping students understand social media and cyberbullying. Districts and
schools must establish strategies for creating a positive school climate and use evidence-based
social-emotional learning to prevent and reduce discrimination and other improper conduct.

(b) Districts and schools deleted text beginare encouraged todeleted text endnew text begin mustnew text end:

(1) engage all students in creating a safe and supportive school environment;

(2) partner with parents and other community members to develop and implement
prevention and intervention programs;

(3) engage all students and adults in integrating education, intervention, and other
remedial responses into the school environment;

(4) train student bystanders to intervene in and report incidents of prohibited conduct to
the school's primary contact person;

(5) teach students to advocate for themselves and others;

(6) prevent inappropriate referrals to special education of students who may engage in
prohibited conduct; and

(7) foster student collaborations that foster a safe and supportive school climate.

Sec. 6.

Minnesota Statutes 2018, section 121A.031, subdivision 6, is amended to read:


Subd. 6.

State model policy.

(a) The commissioner, in consultation with the
commissioner of human rights, shall develop and maintain a state model policy. A district
or school that does not adopt and implement a local policy under subdivisions 3 to 5 must
implement and may supplement the provisions of the state model policy. The commissioner
must assist districts and schools under this subdivision to implement the state policy. The
state model policy must:

(1) define prohibited conduct, consistent with this section;

(2) apply the prohibited conduct policy components in this section;

(3) for a child with a disability, whenever an evaluation by an individualized education
program team or a section 504 team indicates that the child's disability affects the child's
social skills development or the child is vulnerable to prohibited conduct because of the
child's disability, the child's individualized education program or section 504 plan may
address the skills and proficiencies the child needs to not engage in and respond to such
conduct; and

(4) encourage violence prevention and character development education programs under
section 120B.232, subdivision 1.

(b) The commissioner shall develop and post departmental procedures for:

(1) periodically reviewing district and school programs and policies for compliance with
this section;

(2) investigating, reporting, and responding to noncompliance with this section, which
may include an annual review of plans to improve and provide a safe and supportive school
climate; and

(3) allowing students, parents, and educators to file a complaint about noncompliance
with the commissioner.

(c) The commissioner must post on the department's website information indicating that
when districts and schools allow non-curriculum-related student groups access to school
facilities, the district or school must give all student groups equal access to the school
facilities regardless of the content of the group members' speech.

new text begin (d) The commissioner must develop and maintain resources to assist a district or school
in implementing strategies for creating a positive school climate and using evidence-based
social-emotional learning to prevent and reduce discrimination and other improper conduct.
new text end

new text begin (e) The commissioner must develop and adopt state level standards for social, emotional,
and cognitive development.
new text end

Sec. 7.

Minnesota Statutes 2018, section 121A.41, subdivision 10, is amended to read:


Subd. 10.

Suspension.

new text begin (a) "In-school suspension" means an instance in which a pupil
is temporarily removed from the pupil's regular classroom for at least half a day for
disciplinary purposes, but remains under the direct supervision of school personnel.
new text end

new text begin (b) "Direct supervision" means school personnel are physically present in the same
location as the student under supervision.
new text end

new text begin (c) new text end"new text beginOut-of-school new text endsuspension" means an action by the school administration, under
rules promulgated by the school board, prohibiting a pupil from attending school for a period
of no more than ten school days. If a suspension is longer than five days, the suspending
administrator must provide the superintendent with a reason for the longer suspension. This
definition does not apply to dismissal from school fornew text begin less thannew text end one school day deleted text beginor lessdeleted text end,
except as provided in federal law for a student with a disability. Each suspension action
may include a readmission plan. The readmission plan shall include, where appropriate, a
provision for implementing alternative educational services upon readmission and may not
be used to extend the current suspension. Consistent with section 125A.091, subdivision 5,
the readmission plan must not obligate a parent to provide a sympathomimetic medication
for the parent's child as a condition of readmission. The school administration may not
impose consecutive suspensions against the same pupil for the same course of conduct, or
incident of misconduct, except where the pupil will create an immediate and substantial
danger to self or to surrounding persons or property, or where the district is in the process
of initiating an expulsion, in which case the school administration may extend the suspension
to a total of 15 school days.

Sec. 8.

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
dismissal.
new text end

new text begin "Nonexclusionary disciplinary policies and practices" means policies and practices
that are alternatives to dismissing a pupil from school. Nonexclusionary disciplinary policies
and practices include but are not limited to evidence-based positive behavior 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 one services or reading interventions, and alternative educational services.
Nonexclusionary disciplinary policies and practices require school officials to intervene in,
redirect, and support a pupil's behavior before beginning dismissal proceedings.
Nonexclusionary disciplinary policies and practices also 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); and
122A.627, clause (3).
new text end

Sec. 9.

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 agreement. new text end

new text begin "Pupil withdrawal agreement" 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 cannot be for more than
a 12-month period.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

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 dismissal proceedings, 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 2020-2021 school year and later.
new text end

Sec. 11.

Minnesota Statutes 2018, section 121A.46, subdivision 4, is amended to read:


Subd. 4.

Suspension pending expulsion or exclusion hearing.

new text begin(a) new text endNotwithstanding
the provisions of subdivisions 1 and 3, the pupil may be suspended pending the school
board's decision in the expulsion or exclusion hearing; provided that alternative educational
services are implemented to the extent that suspension exceeds five days.

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

Sec. 12.

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 Minimum education services. new text end

new text begin A suspended pupil must have the opportunity
to complete all school work assigned during the period of the pupil's suspension and to
receive full credit for satisfactorily completing the assignments. When a class assignment
is modified due to the pupil not being physically present in the classroom setting, the modified
assignment must address the same standards as the original assignment and provide the
pupil with the same amount of credit when completed. A school principal or other person
with 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 teacher to allow the suspended
pupil to (1) receive timely course materials and other information, and (2) complete daily
and weekly assignments and receive feedback from the teacher.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

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


Subd. 2.

Written notice.

Written notice of intent to take action shall:

(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;

(b) contain a complete statement of the facts, a list of the witnesses and a description of
their testimony;

(c) state the date, time, and place of the hearing;

(d) be accompanied by a copy of sections 121A.40 to 121A.56;

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

(f) inform the pupil and parent or guardian of the right to:

(1) 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 the department's websitenew text end;

(2) examine the pupil's records before the hearing;

(3) present evidence; and

(4) confront and cross-examine witnesses.

Sec. 14.

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 beginmaydeleted text endnew text begin mustnew text end include measures to improve the pupil's behavior, deleted text beginincludingdeleted text endnew text begin
which may include
new 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 new text beginless than new text endone school day deleted text beginor lessdeleted text end, 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 2020-2021 school year and later.
new text end

Sec. 15.

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


Subdivision 1.

Exclusions and expulsions;new text begin pupil withdrawals andnew text end physical
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 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 2020-2021 school year and later.
new text end

Sec. 16.

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 must
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 end The policies deleted text beginshalldeleted text endnew text begin mustnew text end recognize the continuing responsibility of the school for the
education of the pupil during the dismissal period.

new text begin (c) The school is responsible for ensuring that new text endthe alternative educational servicesdeleted text begin, if the
pupil wishes to take advantage of them,
deleted text endnew text begin provided to the pupilnew text end must be 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 and help prepare the pupil for readmissionnew text begin, and is in accordance with section
121A.46, subdivision 5
new text end.

new text begin (d) For an expulsion, exclusion, or pupil withdrawal agreement as defined in section
121A.41, subdivision 13:
new text end

new text begin (1) the school district must review the pupil's school work and grades on a quarterly
basis to ensure the pupil is making progress toward readmission. A school district 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. If the pupil
enrolls and is admitted into a new school district during the dismissal period, this obligation
ends;
new text end

new text begin (2) if school-based mental health services are provided in the district under section
245.4889, a pupil remains eligible for those services until the pupil is enrolled in a new
district; and
new text end

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

deleted text begin (b)deleted text endnew text begin (e)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 (f)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.

Sec. 17.

new text begin [124D.792] GRADUATION CEREMONIES; TRIBAL REGALIA AND
OBJECTS OF CULTURAL SIGNIFICANCE.
new text end

new text begin A school district or charter school must not prohibit an American Indian student from
wearing American Indian regalia, tribal regalia, or objects of cultural significance at a
graduation ceremony.
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 3

TEACHERS

Section 1.

new text begin [120B.117] INCREASING 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 This section sets short-term and long-term state goals for
increasing the percentage of teachers of color and American Indian teachers in Minnesota
and for ensuring all students have equitable access to effective and racially and ethnically
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 racially and ethnically 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 to 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 2020 and every even-numbered year thereafter, the
Professional Educator Licensing and Standards Board must collaborate with the Department
of Education and the Office of Higher Education to publish a summary report of each of
the programs they administer and any other programs receiving state appropriations that
have or include an explicit purpose of increasing the racial and ethnic diversity of the state's
teacher workforce to more closely reflect the diversity of students. The report must include
programs under sections 122A.2451, 122A.63, 122A.635, 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, in coordination with the Office of Higher Education and Department of
Education, provide policy and funding recommendations related to state-funded programs
to increase the recruitment, preparation, licensing, hiring, and retention of racially and
ethnically diverse teachers and the state's progress toward meeting or exceeding the goals
of this section. The report must 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 2020 report must include a recommendation
of whether a state advisory council should be established to address the shortage of racially
and ethnically diverse teachers and what the composition and charge of such an advisory
council would be if established. The board must consult with the state Indian Affairs Council
and other ethnic councils along with other community and stakeholder groups, including
students of color and American Indian students, in developing the report. By November 1
of each even-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.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 deleted text beginbe based on professional teaching standards established in ruledeleted text endnew text begin create, adopt,
or revise a rubric of performance standards for teacher practice that must include culturally
responsive methodologies and at least three levels of performance to determine common
descriptions of effectiveness
new text end;

(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 is in the improvement
process referenced in paragraph (b), clause (12), or has not had a summative evaluation if,
in the prior year, that student was in the classroom of a teacher who received discipline
pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that
grade; and

(2) for students in grades 5 through 12, a school administrator must not place or approve
the placement of a student in the classroom of a teacher who is in the improvement process
referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the
prior year, that student was in the classroom of a teacher who received discipline pursuant
to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area
and grade.

All data created and used under this paragraph retains its classification under chapter 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 3.

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 deleted text beginbe based on professional teaching standards established in ruledeleted text endnew text begin create, adopt,
or revise a rubric of performance standards for teacher practice that must include culturally
responsive methodologies and at least three levels of performance to determine common
descriptions of effectiveness
new text end;

(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 is in the improvement
process referenced in paragraph (b), clause (12), or has not had a summative evaluation if,
in the prior year, that student was in the classroom of a teacher who received discipline
pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that
grade; and

(2) for students in grades 5 through 12, a school administrator must not place or approve
the placement of a student in the classroom of a teacher who is in the improvement process
referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the
prior year, that student was in the classroom of a teacher who received discipline pursuant
to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area
and grade.

All data created and used under this paragraph retains its classification under chapter 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

ARTICLE 4

DEPARTMENT OF EDUCATION HOUSEKEEPING

Section 1.

Minnesota Statutes 2018, section 124D.74, subdivision 1, is amended to read:


Subdivision 1.

Program described.

American Indian education programs are programs
in public elementary and secondary schools, nonsectarian nonpublic, community, tribal,
charter, or alternative schools enrolling American Indian children designed to:

(1) support postsecondary preparation for new text beginAmerican Indian new text endpupils;

(2) support the academic achievement of American Indian deleted text beginstudentsdeleted text endnew text begin pupilsnew text end;

(3) make the curriculum relevant to the needs, interests, and cultural heritage of American
Indian pupils;

(4) provide positive reinforcement of the self-image of American Indian pupils;

(5) develop intercultural awareness among pupils, parents, and staff; and

(6) supplement, not supplant, state and federal educational and cocurricular programs.

Program services designed to increase completion and graduation rates of American Indian
deleted text begin studentsdeleted text endnew text begin pupilsnew text end must emphasize academic achievement, retention, and attendance;
development of support services for staff, including in-service training and technical
assistance in methods of teaching American Indian pupils; research projects, including
innovative teaching approaches and evaluation of methods of relating to American Indian
pupils; provision of career counseling to American Indian pupils; modification of curriculum,
instructional methods, and administrative procedures to meet the needs of American Indian
pupils; and deleted text beginsupplementaldeleted text end instruction in American Indian language, literature, history, and
culture. Districts offering programs may make contracts for the provision of program services
by establishing cooperative liaisons with tribal programs and American Indian social service
agencies. These programs may also be provided as components of early childhood and
family education programs.

Sec. 2.

Minnesota Statutes 2018, section 124D.78, subdivision 1, is amended to read:


Subdivision 1.

Parent committee.

new text begin(a) new text endSchool boards and American Indian schools must
provide for the maximum involvement of parents of children enrolled in education programs,
programs for elementary and secondary grades, special education programs, and support
services. Accordingly, the board of a school district in which there are ten or more American
Indian students enrolled and each American Indian school must establish an American
Indian education parent advisory committee.

new text begin (b) For purposes of this section, American Indian students are defined as persons having
origins in any of the original peoples of North America who maintain cultural identification
through tribal affiliation or community recognition.
new text end

new text begin (c)new text end If a committee whose membership consists of a majority of parents of American
Indian children has been or is established according to federal, tribal, or other state law, that
committee may serve as the committee required by this section and is subject to, at least,
the requirements of this subdivision and subdivision 2.

new text begin (d) new text endThe American Indian education parent advisory committee must develop its
recommendations in consultation with the curriculum advisory committee required by
section 120B.11, subdivision 3. This committee must afford parents the necessary information
and the opportunity effectively to express their views concerning all aspects of American
Indian education and the educational needs of the American Indian children enrolled in the
school or program. The school board or American Indian school must ensure that programs
are planned, operated, and evaluated with the involvement of and in consultation with parents
of new text beginAmerican Indian new text endstudents served by the programsnew text begin as evidenced by American Indian
education parent advisory committee meeting minutes
new text end.

Sec. 3.

Minnesota Statutes 2018, section 124D.78, subdivision 3, is amended to read:


Subd. 3.

Membership.

The American Indian education parent advisory committee must
be composed of parents of children eligible to be enrolled in American Indian education
programs; secondary students eligible to be served; American Indian language and culture
education teachers and paraprofessionals; American Indian teachers; counselors; adult
American Indian people enrolled in educational programs; and representatives from
community groups. A majority of each committee must be parents of new text beginAmerican Indian
new text end children enrolled or eligible to be enrolled in the programs. deleted text beginThe number of parents of
American Indian and non-American Indian children shall reflect approximately the proportion
of children of those groups enrolled in the programs.
deleted text end

Sec. 4.

Minnesota Statutes 2018, section 124D.79, subdivision 2, is amended to read:


Subd. 2.

Technical assistance.

The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end provide technical assistancenew text begin,
which must include an annual report of American Indian student data using the state count,
new text end
to districts, schools and postsecondary institutions for preservice and in-service training for
teachers, American Indian education teachers and paraprofessionals specifically designed
to implement culturally responsive teaching methods, culturally based curriculum
development, testing and testing mechanisms, and the development of materials for American
Indian education programs.

Sec. 5.

Minnesota Statutes 2018, section 124D.81, subdivision 1, is amended to read:


Subdivision 1.

Procedures.

A school district, charter school, or American
Indian-controlled tribal contract or grant school enrolling at least 20 American Indian
students new text beginidentified by the state count new text endon October 1 of the previous school year and operating
an American Indian education program according to section 124D.74 is eligible for Indian
education aid if it meets the requirements of this section. Programs may provide for contracts
for the provision of program components by nonsectarian nonpublic, community, tribal,
charter, or alternative schools. The commissioner shall prescribe the form and manner of
application for aids, and no aid shall be made for a program not complying with the
requirements of sections 124D.71 to 124D.82.

ARTICLE 5

NUTRITION

Section 1.

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


124D.111 new text beginSCHOOL MEAL POLICY; new text endLUNCH AID; FOOD SERVICE
ACCOUNTING.

Subdivision 1.

School deleted text beginlunch aid computationdeleted text endnew text begin meal policynew 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 meal policy. The policy must:
new text end

new text begin (1) be in writing, accessible in multiple languages, and clearly communicate student
meal charges when payment cannot be collected at the point of service;
new text end

new text begin (2) 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 (3) address whether the participant uses a collections agency to collect unpaid school
meal debt;
new text end

new text begin (4) require any communication to collect unpaid school meal debt be done by school
staff trained on the school district's policy on collecting student meal debt;
new text end

new text begin (5) require that all communication relating to school meal debt be delivered only to a
student's parent or guardian and not directly to the student;
new text end

new text begin (6) 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, because the student has outstanding meal debt;
new text end

new text begin (7) 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 outstanding debt;
new text end

new text begin (8) provide the vendor with its school meal policy if the school contracts with a third
party for its meal services; and
new text end

new text begin (9) require school nutrition staff be trained on the policy.
new text end

new text begin (b) Any contract between a school and a third-party provider of meal services entered
into or modified on or after July 1, 2020, must ensure that the third-party provider adheres
to the participant's school meal 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 meal 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 deleted text beginbalancesdeleted text endnew text begin debtnew text end do
not new text beginintentionally new text enddemean deleted text beginordeleted text endnew text begin,new text end stigmatizenew text begin, or humiliatenew text end any child participating in the school
lunch program.new text begin The participant must not impose any other restriction prohibited under
section 123B.37 due to unpaid student meal debt. The participant must not limit a student's
participation in any school activities, graduation ceremonies, 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 debt.
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 Subd. 6. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "A la carte" means a food item ordered separately from the school meal.
new text end

new text begin (c) "School meal" means a meal provided to students during the school day.
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