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Capital IconMinnesota Legislature

HF 950

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2021 04:35pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/10/2021

Current Version - as introduced

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 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 3.31 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 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15
6.16 6.17 6.18 6.19
6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23
7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10
8.11 8.12 8.13 8.14
8.15 8.16
8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26
10.27 10.28 10.29 10.30 10.31 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 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
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 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 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 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 17.34 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 18.31
19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25
19.26 19.27 19.28 19.29 19.30 20.1 20.2 20.3 20.4 20.5 20.6 20.7
20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31
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 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
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
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 24.33 24.34
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 25.33 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 26.30 26.31
27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 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 29.32 29.33 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 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 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 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 33.34 33.35 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 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 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 37.30 37.31 37.32 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
39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 40.1 40.2
40.3 40.4
40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 41.1 41.2 41.3 41.4 41.5 41.6
41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 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 43.33 43.34 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 45.33 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 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13
49.14
49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 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 51.34 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 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13
53.14
53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31
55.32 55.33
56.1 56.2
56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 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
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 59.1 59.2 59.3 59.4 59.5 59.6 59.7
59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17
59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19
60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 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 61.33 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 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 63.34
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 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12
65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15
66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4 67.5
67.6 67.7
67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 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 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 69.34 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 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 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 73.33
74.1 74.2
74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19
74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31
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 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 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 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 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 80.36 80.37 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

A bill for an act
relating to education; modifying provisions for prekindergarten through grade 12
including general education; education excellence; inclusive and welcoming
schools; health and well-being; teachers; charter schools; nutrition and libraries;
early childhood; post-secondary enrollment options and graduation; making
technical corrections; requiring reports; amending Minnesota Statutes 2020, sections
13.32, subdivision 3; 120A.22, subdivisions 7, 10; 120A.24, subdivision 1;
120A.40; 120B.021, subdivisions 1, 3; 120B.024, subdivision 1; 120B.11,
subdivisions 1, 2, 3; 120B.15; 120B.21; 120B.30, subdivision 1a, by adding
subdivisions; 120B.35, subdivision 3; 121A.031, subdivisions 5, 6; 121A.41,
subdivision 10, by adding subdivisions; 121A.45, subdivision 1; 121A.46,
subdivision 4, by adding subdivisions; 121A.47, subdivisions 2, 14; 121A.53,
subdivision 1; 121A.55; 121A.58; 121A.61; 122A.181, subdivision 5; 122A.183,
subdivision 2; 122A.185, subdivision 1; 122A.26, subdivision 2; 122A.40,
subdivision 8; 122A.41, subdivision 5; 123B.147, subdivision 3; 124D.09,
subdivisions 3, 7, 13; 124D.095, subdivision 2; 124D.111; 124D.128, subdivisions
1, 3; 124D.13, subdivision 2; 124D.74, subdivision 1; 124D.78, subdivisions 1,
3; 124D.79, subdivision 2; 124D.791, subdivision 4; 124D.81, subdivision 1;
124D.861, subdivision 2; 124E.02; 124E.03, subdivision 2, by adding subdivisions;
124E.05, subdivisions 4, 7; 124E.06, subdivisions 1, 4, 5; 124E.11; 124E.12,
subdivision 1; 124E.13, subdivisions 1, 3; 124E.16, subdivision 1; 124E.25,
subdivision 1a; 125A.094; 125A.0942; 134.34, subdivision 1; 290.0679, subdivision
2; 469.176, subdivision 2; 609A.03, subdivision 7a; proposing coding for new law
in Minnesota Statutes, chapters 120B; 121A; 124D; repealing Minnesota Statutes
2020, section 120B.35, subdivision 5; Minnesota Rules, part 3535.9910.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2020, section 120B.021, subdivision 1, is amended to read:


Subdivision 1.

Required academic standards.

(a) The following subject areas are
required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography, economics, and government and
citizenship that includes civics consistent with section 120B.02, subdivision 3;

(5) physical education;

(6) health, for which locally developed academic standards apply; and

(7) the artsdeleted text begin, for which statewide or locally developed academic standards apply, as
determined by the school district
deleted text end. Public elementary and middle schools must offer at least
three and require at least two of the following deleted text beginfourdeleted text endnew text begin fivenew text end arts areas: dance; new text beginmedia arts; new text endmusic;
theater; and visual arts. Public high schools must offer at least three and require at least one
of the following five arts areas: media arts; dance; music; theater; and visual arts.

(b) For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
program team has determined that the required academic standards are inappropriate. An
individualized education program team that makes this determination must establish
alternative standards.

(c) The department must adopt the most recent SHAPE America (Society of Health and
Physical Educators) kindergarten through grade 12 standards and benchmarks for physical
education as the required physical education academic standards. The department may
modify and adapt the national standards to accommodate state interest. The modification
and adaptations must maintain the purpose and integrity of the national standards. The
department must make available sample assessments, which school districts may use as an
alternative to local assessments, to assess students' mastery of the physical education
standards beginning in the 2018-2019 school year.

(d) A school district may include child sexual abuse prevention instruction in a health
curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention
instruction may include age-appropriate instruction on recognizing sexual abuse and assault,
boundary violations, and ways offenders groom or desensitize victims, as well as strategies
to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may
provide instruction under this paragraph in a variety of ways, including at an annual assembly
or classroom presentation. A school district may also provide parents information on the
warning signs of child sexual abuse and available resources.

(e) District efforts to develop, implement, or improve instruction or curriculum as a
result of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.

Sec. 2.

Minnesota Statutes 2020, section 120B.021, subdivision 3, is amended to read:


Subd. 3.

Rulemaking.

The commissioner, consistent with the requirements of this section
and section 120B.022, must adopt statewide rules under section 14.389 for implementing
statewide rigorous core academic standards in language arts, mathematics, science, social
studies, physical education, and the arts. After the rules authorized under this subdivision
are initially adopted, the commissioner may not amend or repeal these rules nor adopt new
rules on the same topic without specific legislative authorizationnew text begin unless done pursuant to
subdivision 4
new text end.

Sec. 3.

Minnesota Statutes 2020, section 120B.024, subdivision 1, is amended to read:


Subdivision 1.

Graduation requirements.

(a) Students beginning 9th grade in the
2011-2012 school year and later 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 mathematicsnew text begin. The credit does not bear high school creditnew text end;

(4) three credits of science, including at least one credit of biology, one credit of chemistry
or physics, and one deleted text beginelectivedeleted text end credit of new text beginearth and space new text endsciencenew text begin beginning with the 9th grade
class in 2023-2024
new text end. 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, encompassing at least United States
history, geography, government and citizenship, world history, and economics sufficient
to satisfy all of the academic standards in social studies;

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

(7)new text begin one credit of physical education sufficient to satisfy all the academic standards in
physical education; and
new text end

new text begin (8)new text end a minimum of deleted text beginsevendeleted text endnew text begin sixnew text end elective credits.

(b) A school district is encouraged to offer a course for credit in government and
citizenship to 11th or 12th grade students who begin 9th grade in the 2020-2021 school year
and later, that satisfies the government and citizenship requirement in paragraph (a), clause
(5).

Sec. 4.

Minnesota Statutes 2020, section 120B.30, subdivision 1a, is amended to read:


Subd. 1a.

Statewide and local assessments; results.

deleted text begin (a) For purposes of this section,
the following definitions have the meanings given them.
deleted text end

deleted text begin (1) "Computer-adaptive assessments" means fully adaptive assessments.
deleted text end

deleted text begin (2) "Fully adaptive assessments" include test items that are on-grade level and items that
may be above or below a student's grade level.
deleted text end

deleted text begin (3) "On-grade level" test items contain subject area content that is aligned to state
academic standards for the grade level of the student taking the assessment.
deleted text end

deleted text begin (4) "Above-grade level" test items contain subject area content that is above the grade
level of the student taking the assessment and is considered aligned with state academic
standards to the extent it is aligned with content represented in state academic standards
above the grade level of the student taking the assessment. Notwithstanding the student's
grade level, administering above-grade level test items to a student does not violate the
requirement that state assessments must be aligned with state standards.
deleted text end

deleted text begin (5) "Below-grade level" test items contain subject area content that is below the grade
level of the student taking the test and is considered aligned with state academic standards
to the extent it is aligned with content represented in state academic standards below the
student's current grade level. Notwithstanding the student's grade level, administering
below-grade level test items to a student does not violate the requirement that state
assessments must be aligned with state standards.
deleted text end

deleted text begin (b) The commissioner must use fully adaptive mathematics and reading assessments for
grades 3 through 8.
deleted text end

deleted text begin (c)deleted text endnew text begin (a)new text end For purposes of conforming with existing federal educational accountability
requirements, the commissioner must develop and implement computer-adaptive reading
and mathematics assessments for grades 3 through 8, state-developed high school reading
and mathematics tests aligned with state academic standards, a high school writing test
aligned with state standards when it becomes available, and science assessments under
clause (2) that districts and sites must use to monitor student growth toward achieving those
standards. The commissioner must not develop statewide assessments for academic standards
in social studies, health and physical education, and the arts. The commissioner must require:

(1) annual computer-adaptive reading and mathematics assessments in grades 3 through
8, and high school reading, writing, and mathematics tests; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the grades
6 through 8 span, and a life sciences assessment in the grades 9 through 12 span, and the
commissioner must not require students to achieve a passing score on high school science
assessments as a condition of receiving a high school diploma.

deleted text begin (d)deleted text endnew text begin (b)new text end The commissioner must ensure that for annual computer-adaptive assessments:

(1) individual student performance data and achievement reports are available within
three school days of when students take an assessment except in a year when an assessment
reflects new performance standards;

(2) growth information is available for each student from the student's first assessment
to each proximate assessment using a constant measurement scale;

(3) parents, teachers, and school administrators are able to use elementary and middle
school student performance data to project students' secondary and postsecondary
achievement; and

(4) useful diagnostic information about areas of students' academic strengths and
weaknesses is available to teachers and school administrators for improving student
instruction and indicating the specific skills and concepts that should be introduced and
developed for students at given performance levels, organized by strands within subject
areas, and aligned to state academic standards.

deleted text begin (e)deleted text endnew text begin (c)new text end The commissioner must ensure that all state tests administered to elementary and
secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.

deleted text begin (f)deleted text endnew text begin (d)new text end Reporting of state assessment results must:

(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;

(2) include a growth indicator of student achievement; and

(3) determine whether students have met the state's academic standards.

deleted text begin (g)deleted text endnew text begin (e)new text end Consistent with applicable federal law, the commissioner must include appropriate,
technically sound accommodations or alternative assessments for the very few students with
disabilities for whom statewide assessments are inappropriate and for English learners.

deleted text begin (h)deleted text endnew text begin (f)new text end A school, school district, and charter school must administer statewide assessments
under this section, as the assessments become available, to evaluate student progress toward
career and college readiness in the context of the state's academic standards. A school,
school district, or charter school may use a student's performance on a statewide assessment
as one of multiple criteria to determine grade promotion or retention. A school, school
district, or charter school may use a high school student's performance on a statewide
assessment as a percentage of the student's final grade in a course, or place a student's
assessment score on the student's transcript.

Sec. 5.

Minnesota Statutes 2020, section 120B.30, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Remote testing. new text end

new text begin The commissioner must develop and publish security and
privacy policies and procedures for students and educators to support remote testing.
new text end

Sec. 6.

Minnesota Statutes 2020, section 124D.095, subdivision 2, is amended to read:


Subd. 2.

Definitions.

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

(a) "Digital learning" is learning facilitated by technology that offers students an element
of control over the time, place, path, or pace of their learning and includes blended and
online learning.

(b) "Blended learning" is a form of digital learning that occurs when a student learns
part time in a supervised physical setting and part time through digital delivery of instruction,
or a student learns in a supervised physical setting where technology is used as a primary
method to deliver instruction.

(c) "Online learning" is a form of digital learning delivered by an approved online
learning provider under paragraph deleted text begin(d)deleted text endnew text begin (e)new text end.

(d) new text begin"Hybrid learning" uses blended learning in a way that combines scheduled in-person
instruction and distance learning.
new text end

new text begin (e) new text end"Online learning provider" is a school district, an intermediate school district, an
organization of two or more school districts operating under a joint powers agreement, or
a charter school located in Minnesota that provides online learning to students and is approved
by the department to provide online learning courses.

deleted text begin (e)deleted text endnew text begin (f)new text end "Student" is a Minnesota resident enrolled in a school under section 120A.22,
subdivision 4
, in kindergarten through grade 12.

deleted text begin (f)deleted text endnew text begin (g)new text end "Online learning student" is a student enrolled in an online learning course or
program delivered by an online learning provider under paragraph deleted text begin(d)deleted text endnew text begin (e)new text end.

deleted text begin (g)deleted text endnew text begin (h)new text end "Enrolling district" means the school district or charter school in which a student
is enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance.

deleted text begin (h)deleted text endnew text begin (i)new text end "Supplemental online learning" means an online learning course taken in place
of a course period at a local district school.

deleted text begin (i)deleted text endnew text begin (j)new text end "Full-time online learning provider" means an enrolling school authorized by the
department to deliver comprehensive public education at any or all of the elementary, middle,
or high school levels.

deleted text begin (j)deleted text endnew text begin (k)new text end "Online learning course syllabus" is a written document that an online learning
provider transmits to the enrolling district using a format prescribed by the commissioner
to identify the state academic standards embedded in an online course, the course content
outline, required course assessments, expectations for actual teacher contact time and other
student-to-teacher communications, and the academic support available to the online learning
student.

Sec. 7.

Minnesota Statutes 2020, section 124D.79, subdivision 2, is amended to read:


Subd. 2.

Technical assistance.

The commissioner shall provide technical assistancenew text begin,
which includes 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. 8.

Minnesota Statutes 2020, 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
studentsnew text begin identified by the state countnew text end on 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.

Sec. 9. new text beginEXTENSION FOR POSTING STUDENT PROGRESS AND OTHER DATA.
new text end

new text begin Notwithstanding Minnesota Statutes, section 120B.36, subdivision 2, for the 2020-2021
school year only, the commissioner shall post federal expectations and state student, learning,
and outcome data to the department's public website no later than October 1, 2021.
new text end

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2020, section 13.32, subdivision 3, 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) with tribal nations about tribally enrolled or descendant students to the extent necessary
for the tribal nation and school district or charter school to support the educational attainment
of the student.
new text end

Sec. 2.

Minnesota Statutes 2020, section 120A.22, subdivision 10, is amended to read:


Subd. 10.

Requirements for instructors.

A person who is providing instruction to a
child must meet at least one of the following requirements:

(1) hold a valid Minnesota teaching license in the field and for the grade level taught;

(2) be directly supervised by a person holding a valid Minnesota teaching license;

deleted text begin (3) successfully complete a teacher competency examination;
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end provide instruction in a school that is accredited by an accrediting agency,
recognized according to section 123B.445, or recognized by the commissioner;

deleted text begin (5)deleted text endnew text begin (4)new text end hold a baccalaureate degree; or

deleted text begin (6)deleted text endnew text begin (5)new text end be the parent of a child who is assessed according to the procedures in subdivision
11.

Any person providing instruction in a public school must meet the requirements of clause
(1).

Sec. 3.

Minnesota Statutes 2020, 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 seven;

(2) within 15 days of when a parent withdraws a child from public school after age seven
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 seven 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.new text begin A letter of intent to continue to provide instruction
must include a report to the superintendent with proof that the testing plan for the previous
year was fulfilled as agreed upon, a copy of the official test scores, and information required
in paragraph (a) for each student for the upcoming school year.
new text end

(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.

Sec. 4.

Minnesota Statutes 2020, section 120B.15, is amended to read:


120B.15 GIFTED AND TALENTED STUDENTS PROGRAMSnew text begin AND SERVICESnew text end.

(a) School districts may identify students, locally develop programsnew text begin and servicesnew text end
addressing instructional and affective needs, provide staff development, and evaluate
programsnew text begin and servicesnew text end to provide gifted and talented students with challenging and
appropriate educational programsnew text begin and servicesnew text end.

(b) School districts must adopt guidelines for assessing and identifying students for
participation in gifted and talented programsnew text begin and servicesnew text end consistent with section 120B.11,
subdivision
2, clause (2). The guidelines should include the use of:

(1) multiple and objective criteria; and

(2) assessments and procedures that are valid and reliable, fair, and based on current
theory and research. Assessments and procedures deleted text beginshoulddeleted text endnew text begin mustnew text end be sensitivenew text begin and equitablenew text end
to underrepresented groups, including, but not limited to, low-incomenew text begin studentsnew text end, deleted text beginminoritydeleted text endnew text begin
students of color and American Indian students
new text end, twice-exceptionalnew text begin students, students with
504 plans
new text end, and English learners.new text begin Assessments and procedures must be coordinated to allow
for optimal identification of programs or services for underrepresented groups.
new text end

(c) School districts must adopt procedures for the academic acceleration of gifted and
talented students consistent with section 120B.11, subdivision 2, clause (2). These procedures
must include how the district will:

(1) assess a student's readiness and motivation for acceleration; and

(2) match the level, complexity, and pace of the curriculum to a student to achieve the
best type of academic acceleration for that student.

(d) School districts must adopt procedures consistent with section 124D.02, subdivision
1, for early admission to kindergarten or first grade of gifted and talented learners consistent
with section 120B.11, subdivision 2, clause (2). The procedures must be sensitive to
underrepresented groups.

Sec. 5.

Minnesota Statutes 2020, section 120B.30, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin National and international education comparisons. new text end

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

Sec. 6.

Minnesota Statutes 2020, section 120B.35, subdivision 3, is amended to read:


Subd. 3.

State growth target; other state measures.

(a)(1) The state's educational
assessment system measuring individual students' educational growth is based on indicators
of achievement growth that show an individual student's prior achievement. Indicators of
achievement and prior achievement must be based on highly reliable statewide or districtwide
assessments.

(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and
reportnew text begin, as soon as practicable,new text end separate categories of information using the student categories
identified under the federal Elementary and Secondary Education Act, as most recently
reauthorized, and, in addition to "other" for each race and ethnicity, and the Karen
community, seven of the most populous Asian deleted text beginand Pacific Islanderdeleted text end groups, three of the most
populous Native groups, seven of the most populous Hispanic/Latino groups, and five of
the most populous Black and African Heritage groups deleted text beginas determined by the total Minnesota
population based on the most recent American Community Survey;
deleted text endnew text begin. These groups must be
determined by a ten-year cycle using the American Community Survey of the total Minnesota
population. The determination must be based on the most recent five-year dataset starting
with the 2021-2025 dataset. Additional categories must include
new text end English learners under
section 124D.59; home language; free or reduced-price lunch; and all students enrolled in
a Minnesota public school who are currently or were previously in foster care, except that
such disaggregation and cross tabulation is not required if the number of students in a
category is insufficient to yield statistically reliable information or the results would reveal
personally identifiable information about an individual student.

(b) The commissioner, in consultation with a stakeholder group that includes assessment
and evaluation directors, district staff, experts in culturally responsive teaching, and
researchers, must implement a growth model that compares the difference in students'
achievement scores over time, and includes criteria for identifying schools and school
districts that demonstrate academic progress. The model may be used to advance educators'
professional development and replicate programs that succeed in meeting students' diverse
learning needs. Data on individual teachers generated under the model are personnel data
under section 13.43. The model must allow users to:

(1) report student growth consistent with this paragraph; and

(2) for all student categories, report and compare aggregated and disaggregated state
student growth and, under section 120B.11, subdivision 2, clause (2), student learning and
outcome data using the student categories identified under the federal Elementary and
Secondary Education Act, as most recently reauthorized, and other student categories under
paragraph (a), clause (2).

The commissioner must report measures of student growth and, under section 120B.11,
subdivision 2
, clause (2), student learning and outcome data, consistent with this paragraph,
including the English language development, academic progress, and oral academic
development of English learners and their native language development if the native language
is used as a language of instruction, and include data on all pupils enrolled in a Minnesota
public school course or program who are currently or were previously counted as an English
learner under section 124D.59.

(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:

(1) a preparation measure indicating the number and percentage of high school graduates
in the most recent school year who completed course work important to preparing them for
postsecondary academic and career opportunities, consistent with the core academic subjects
required for admission to Minnesota's public colleges and universities as determined by the
Office of Higher Education under chapter 136A; and

(2) a rigorous coursework measure indicating the number and percentage of high school
graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.

When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and other student categories under paragraph (a), clause (2).

(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school safety
and students' engagement and connection at school, consistent with the student categories
identified under paragraph (a), clause (2). The summary data under this paragraph are
separate from and must not be used for any purpose related to measuring or evaluating the
performance of classroom teachers. The commissioner, in consultation with qualified experts
on student engagement and connection and classroom teachers, must identify highly reliable
variables that generate summary data under this paragraph. The summary data may be used
at school, district, and state levels only. Any data on individuals received, collected, or
created that are used to generate the summary data under this paragraph are nonpublic data
under section 13.02, subdivision 9.

(e) For purposes of statewide educational accountability, the commissioner must identify
and report measures that demonstrate the success of learning year program providers under
sections 123A.05 and 124D.68, among other such providers, in improving students'
graduation outcomes. The commissioner, beginning July 1, 2015, must annually report
summary data on:

(1) the four- and six-year graduation rates of students under this paragraph;

(2) the percent of students under this paragraph whose progress and performance levels
are meeting career and college readiness benchmarks under section 120B.30, subdivision
1; and

(3) the success that learning year program providers experience in:

(i) identifying at-risk and off-track student populations by grade;

(ii) providing successful prevention and intervention strategies for at-risk students;

(iii) providing successful recuperative and recovery or reenrollment strategies for off-track
students; and

(iv) improving the graduation outcomes of at-risk and off-track students.

The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.

(f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of all English
learners enrolled in a Minnesota public school course or program who are currently or were
previously counted as an English learner under section 124D.59, must identify and report
appropriate and effective measures to improve current categories of language difficulty and
assessments, and monitor and report data on students' English proficiency levels, program
placement, and academic language development, including oral academic language.

(g) When reporting four- and six-year graduation rates, the commissioner or school
district must disaggregate the data by student categories according to paragraph (a), clause
(2).

(h) A school district must inform parents and guardians that volunteering information
on student categories not required by the most recent reauthorization of the Elementary and
Secondary Education Act is optional and will not violate the privacy of students or their
families, parents, or guardians. The notice must state the purpose for collecting the student
data.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The
next update to the data used to determine the most populous groups must be implemented
in 2026 using the 2021-2025 dataset.
new text end

Sec. 7.

Minnesota Statutes 2020, 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 pupils;

(2) support the academic achievement of American Indian students;

(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
students 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 begin supplementaldeleted 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.

ARTICLE 3

INCLUSIVE AND WELCOMING SCHOOLS

Section 1.

Minnesota Statutes 2020, 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 actionnew text begin, as well as pupil withdrawals,new text end under
sections 121A.40 to 121A.56.new text begin The transmitted records must include services a pupil needs
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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2020, 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 or cultural observances when
adopting an annual school calendar.
new text end

Sec. 3.

new text begin [121A.041] AMERICAN INDIAN MASCOTS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin (a) A school district may not have or adopt a name, symbol,
or image that depicts or refers to an American Indian tribe, individual, custom, or tradition
to be used as a mascot, nickname, logo, letterhead, or team name of the district or school
within the district.
new text end

new text begin (b) A school district may seek an exemption to paragraph (a) by submitting a request in
writing to the Tribal Nations Education Committee and the Indian Affairs Council, which
jointly shall have discretion to grant such an exemption.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given them.
new text end

new text begin (b) "American Indian" means an individual who is:
new text end

new text begin (1) a member of an Indian tribe or band, as membership is defined by the tribe or band,
including:
new text end

new text begin (i) any tribe or band terminated since 1940; and
new text end

new text begin (ii) any tribe or band recognized by the state in which the tribe or band resides;
new text end

new text begin (2) a descendant, in the first or second degree, of an individual described in clause (1);
new text end

new text begin (3) considered by the Secretary of the Interior to be an Indian for any purpose;
new text end

new text begin (4) an Eskimo, Aleut, or other Alaska Native; or
new text end

new text begin (5) a member of an organized Indian group that received a grant under the Indian
Education Act of 1988 as in effect the day preceding October 20, 1994.
new text end

new text begin (c) "District" means a district under section 120A.05, subdivision 8.
new text end

new text begin (d) "Mascot" means any human, nonhuman animal, or object used to represent a school
and its population.
new text end

new text begin (e) "Public school" or "school" means a public school under section 120A.05, subdivisions
9, 11, 13, and 17, and a charter school under chapter 124E.
new text end

Sec. 4.

new text begin [121A.20] SCHOOL MENTAL HEALTH SYSTEMS.
new text end

new text begin Mental health is defined as the social, emotional, and behavioral well-being of students.
Comprehensive school mental health systems provide an array of supports and services that
promote positive school climate, social-emotional learning, and mental health and well-being,
while reducing the prevalence and severity of mental illness. School mental health systems
are built on a strong foundation of district and school professionals, including administrators,
educators, and specialized instructional support personnel (including school psychologists,
school social workers, school counselors, school nurses, and other school health
professionals), all in strategic partnership with students and families, as well as community
health and mental health partners. School mental health systems also assess and address the
social and environmental factors that impact mental health, including public policies and
social norms that shape mental health outcomes.
new text end

Sec. 5.

new text begin [121A.201] MULTI-TIERED SYSTEM OF SUPPORT.
new text end

new text begin The Minnesota Multi-Tiered System of Supports (MnMTSS) is a systemic, continuous
improvement framework for ensuring positive social, emotional, behavioral, developmental,
and academic outcomes for every student. MnMTSS provides access to layered tiers of
culturally and linguistically responsive, evidence-based practices. The MnMTSS framework
relies on the understanding and belief that every student can learn and thrive, and it engages
an anti-racist approach to examining policies and practices and ensuring equitable distribution
of resources and opportunity. This systemic framework requires:
new text end

new text begin (1) design and delivery of culturally and linguistically responsive, effective,
standards-based core instruction in safe, supportive environments inclusive of every student
as a necessary foundation for tiered supports;
new text end

new text begin (2) layered tiers of culturally and linguistically responsive supplemental and intensive
supports to meet each student's needs;
new text end

new text begin (3) developing collective knowledge and experience through engagement in representative
partnerships with students, education professionals, families, and communities;
new text end

new text begin (4) multidisciplinary teams of education professionals that review and use data to prevent
and solve problems, inform instruction and supports, and ensure effective implementation
in partnership with students and families;
new text end

new text begin (5) effective and timely use of meaningful, culturally relevant data disaggregated by
student groups identified in section 121A.031 that includes but is not limited to universal
screening, frequent progress monitoring, implementation fidelity, and multiple qualitative
and quantitative sources; and
new text end

new text begin (6) ongoing professional learning on the MnMTSS systemic framework using anti-racist
approaches to training and coaching.
new text end

Sec. 6.

Minnesota Statutes 2020, section 121A.41, subdivision 10, is amended to read:


Subd. 10.

Suspension.

new text begin(a) new text end"new text beginIn-school new text endsuspension" new text beginmeans 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. Direct
supervision means school personnel are physically present in the same location as the pupil
under that supervision.
new text end

new text begin (b) "Out-of-school suspension" new text endmeans 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 for deleted text beginone school day ordeleted text end lessnew text begin than one school
day
new text end, except as provided in federal law for a student with a disability. Each suspension action
deleted text begin maydeleted text endnew text begin mustnew text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 7.

Minnesota Statutes 2020, 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 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 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.575, clauses (1) and
(2); 121A.031, subdivision 4, paragraph (a), clause (1); 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 2021-2022 school year and later.
new text end

Sec. 8.

Minnesota Statutes 2020, 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 to
withdraw a student from the school district to avoid expulsion or exclusion dismissal
proceedings. A pupil withdrawal agreement expires at the end of a 12-month period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 9.

Minnesota Statutes 2020, 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 proceedingsnew text begin or pupil withdrawal
agreements
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 2021-2022 school year and later.
new text end

Sec. 10.

Minnesota Statutes 2020, section 121A.46, subdivision 4, is amended to read:


Subd. 4.

Suspension pending expulsion or exclusion hearing.

Notwithstanding 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 new text beginconsecutive school new text enddays.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 11.

Minnesota Statutes 2020, section 121A.46, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Student suspensions exceeding five consecutive school days. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 12.

Minnesota Statutes 2020, 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
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. 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 all school work assignments and receive teachers'
feedback.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 13.

Minnesota Statutes 2020, 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 policies
and practices
new 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 14.

Minnesota Statutes 2020, 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 programdeleted text begin,deleted text end consistent with section
120B.232, subdivision 1, deleted text beginanddeleted text endnew text begin new text endnew text beginsocial 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 deleted text beginone school day ordeleted text end lessnew text begin than one school daynew 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 2021-2022 school year and later.
new text end

Sec. 15.

Minnesota Statutes 2020, section 121A.53, subdivision 1, is amended to read:


Subdivision 1.

Exclusions and expulsions; new text beginstudent withdrawals; and 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 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 2021-2022 school year and later.
new text end

Sec. 16.

Minnesota Statutes 2020, section 121A.55, is amended to read:


121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education shall promulgate guidelines new text beginincluding guidance on
how to appropriately and equitably engage stakeholders to review and revise discipline
policies that are restorative and responsive
new text endto assist each school board. Each school board
deleted text begin shalldeleted 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 beginshalldeleted 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 new text beginand individual new text enddetection
of deleted text beginproblems and shalldeleted text endnew text begin needs and providing the necessary multitiered supports to meet
students' needs. The policies must
new text end be designed to deleted text beginaddressdeleted text endnew text begin preventnew text end 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 new text beginschool's new text endcontinuing responsibility deleted text beginof the schooldeleted text end
for the education of the pupil during the dismissal period.

new text begin (1) A 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 a 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 are in accordance with
section 121A.46, subdivision 5
new text end.

new text begin (2) For expulsions and exclusionary dismissals, as well as for pupil withdrawal
agreements as defined in section 121A.41, subdivision 14:
new text end

new text begin (i) A 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. A school district must communicate on a regular basis with the pupil's
parent to ensure the pupil is completing the work assigned through the alternative educational
services.
new text end

new text begin (ii) A pupil remains eligible for school-based or school-linked mental health services
that are provided in the school district under section 245.4889 until the pupil is enrolled in
a new school district.
new text end

new text begin (iii) A school district must provide to the pupil's parent or guardian information on how
to access mental health services, including a list of any free or sliding fee providers in the
community. The information must also be posted on the district or charter school website.
new text end

deleted text begin (b)deleted text endnew text begin (c)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 (d)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 2021-2022 school year and later.
new text end

Sec. 17.

Minnesota Statutes 2020, section 121A.58, is amended to read:


121A.58 CORPORAL PUNISHMENT.

Subdivision 1.

Definition.

new text begin(a) new text endFor the purpose of this section, "corporal punishment"
means conduct involving:

(1) hitting or spanking a person with or without an object; or

(2) unreasonable physical force that causes bodily harm or substantial emotional harm.

new text begin (b) For the purpose of this section, "prone restraint" means placing a pupil in a face
down position.
new text end

Subd. 2.

Corporal punishment not allowed.

An employee or agent of a district shall
not inflict corporal punishment or cause corporal punishment to be inflicted upon a pupil
to reform unacceptable conduct or as a penalty for unacceptable conduct.

new text begin Subd. 2a. new text end

new text begin Prone restraint not allowed. new text end

new text begin An employee or agent of a district, including a
school resource officer or police officer contracted with the district, shall not inflict prone
restraint or cause prone restraint to be inflicted upon a pupil to reform unacceptable conduct
or as a penalty for unacceptable conduct. Further, an employee or agent of a district, including
a school resource officer or police officer contracted with the district, shall not inflict any
form of physical holding that restricts or impairs a pupil's ability to breathe, restricts or
impairs a pupil's ability to communicate distress, places pressure or weight on a pupil's
head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in
straddling a pupil's torso.
new text end

Subd. 3.

Violation.

Conduct that violates deleted text beginsubdivisiondeleted text endnew text begin subdivisionsnew text end 2new text begin or 2anew text end is not a crime
under section 645.241, but may be a crime under chapter 609 if the conduct violates a
provision of chapter 609.

Sec. 18.

Minnesota Statutes 2020, section 121A.61, is amended to read:


121A.61 DISCIPLINE AND REMOVAL OF STUDENTS FROM CLASS.

Subdivision 1.

Required policy.

Each school board must adoptnew text begin, and annually review
and revise,
new text end a written districtwide school discipline policy which includes deleted text beginwritten rulesdeleted text endnew text begin a
student code
new text end of conduct deleted text beginfor students, minimum consequences for violations of the rules,
and grounds and procedures for removal of a student from class
deleted text endnew text begin and parameters for when
input into discipline decisions by all those involved in an incident is allowed
new text end. The policy
must be developed in consultation with administrators, teachers, employees, pupils, parents,
community members, law enforcement agencies, county attorney offices, social service
agencies, and such other individuals or organizations as the board determines appropriate.
A school site council may adopt additional provisions to the policy subject to the approval
of the school board.

Subd. 2.

Grounds for removal from class.

The policy must establish the various grounds
for which a student may be removed from a class in the district for a period of time under
the procedures specified in the policy. The policy must include a procedure for notifying
and meeting with a student's parent or guardian to discuss the problem that is causing the
student to be removed from class after the student has been removed from class more than
ten times in one school year. The grounds in the policy must deleted text begininclude at least the following
provisions as well as other grounds determined appropriate by the board:
deleted text endnew text begin at least include
provisions pertaining to addressing
new text end

deleted text begin (a) willful conduct that significantly disrupts the rights of others to an education, including
conduct that interferes with a teacher's ability to teach or communicate effectively with
students in a class or with the ability of other students to learn;
deleted text end

deleted text begin (b)deleted text end willful conduct that endangers surrounding persons, including school district
employees, the student or other students, or the property of the schoolnew text begin.new text enddeleted text begin; and
deleted text end

deleted text begin (c) willful violation of any rule of conduct specified in the discipline policy adopted by
the board.
deleted text end

Subd. 3.

Policy components.

The policy must include at least the following components:

(a) rules governing student conduct and procedures for informing students of the rules;

(b) the grounds for removal of a student from a class;

(c) the authority of the classroom teacher to remove students from the classroom pursuant
to procedures and rules established in the district's policy;

(d) the procedures for removal of a student from a class by a teacher, school administrator,
or other school district employee;

(e) the period of time for which a student may be removed from a class, which may not
exceed five class periods for a violation of a rule of conduct;

(f) provisions relating to the responsibility for and custody of a student removed from
a class;

(g) the procedures for return of a student to the specified class from which the student
has been removed;

(h) the procedures for notifying a student and the student's parents or guardian of
violations of the rules of conduct and of resulting disciplinary actions;

(i) any procedures determined appropriate for encouraging early involvement of parents
or guardians in attempts to improve a student's behavior;

(j) any procedures determined appropriate for encouraging early detection of behavioral
problems;

(k) any procedures determined appropriate for referring a student in need of special
education services to those services;

(l) the procedures for consideration of whether there is a need for a further assessment
or of whether there is a need for a review of the adequacy of a current individualized
education program of a student with a disability who is removed from class;

(m) procedures for detecting and addressing chemical abuse problems of a student while
on the school premises;

deleted text begin (n) the minimum consequences for violations of the code of conduct;
deleted text end

deleted text begin (o)deleted text end new text begin(n) new text endprocedures for deleted text beginimmediatedeleted text endnew text begin timelynew text end and appropriate interventions tied to violations
of the code;

deleted text begin (p)deleted text endnew text begin (o)new text end a provision that states that a teacher, school employee, school bus driver, or other
agent of a district may use reasonable force in compliance with section 121A.582 and other
laws;

deleted text begin (q)deleted text endnew text begin (p)new text end an agreement regarding procedures to coordinate crisis services to the extent
funds are available with the county board responsible for implementing sections 245.487
to 245.4889 for students with a serious emotional disturbance or other students who have
an individualized education program whose behavior may be addressed by crisis intervention;
deleted text begin and
deleted text end

deleted text begin (r)deleted text endnew text begin (q)new text end a provision that states a student must be removed from class immediately if the
student engages in assault or violent behavior. For purposes of this paragraph, "assault" has
the meaning given it in section 609.02, subdivision 10. The removal shall be for a period
of time deemed appropriate by the principal, in consultation with the teacherdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (r) a prohibition on the use of exclusionary practices to address attendance and truancy
issues.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 19.

Minnesota Statutes 2020, section 124D.78, subdivision 1, is amended to read:


Subdivision 1.

Parent committee.

School 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 beginFor 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 endIf
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.

The 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 students served by the programs.

Sec. 20.

Minnesota Statutes 2020, 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 ofnew text begin American Indiannew 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. 21.

Minnesota Statutes 2020, section 124D.791, subdivision 4, is amended to read:


Subd. 4.

Duties; powers.

The Indian education director shallnew text begin overseenew text end:

(1) deleted text beginserve as the liaison for thedeleted text end departmentnew text begin relationsnew text end with the Tribal Nations Education
Committee, the 11 tribal communities in Minnesota, the Minnesota Chippewa tribe, and
the Minnesota Indian Affairs Council;

(2) deleted text beginevaluatedeleted text endnew text begin the evaluation ofnew text end the state of American Indian education in Minnesota;

(3) deleted text beginengagedeleted text end thenew text begin engagement ofnew text end tribal bodies, community groups, parents of children
eligible to be served by American Indian education programs, American Indian administrators
and teachers, persons experienced in the training of teachers for American Indian education
programs, the tribally controlled schools, and other persons knowledgeable in the field of
American Indian education and seek their advice on policies that can improve the quality
of American Indian education;

(4) deleted text beginadvisedeleted text endnew text begin advice tonew text end the commissioner on American Indian education issues, including:

(i) issues facing American Indian students;

(ii) policies for American Indian education;

(iii) awarding scholarships to eligible American Indian students and in administering
the commissioner's duties regarding awarding of American Indian education grants to school
districts; and

(iv) administration of the commissioner's duties under sections 124D.71 to 124D.82 and
other programs for the education of American Indian people;

(5) deleted text beginproposedeleted text endnew text begin proposalsnew text end to the commissionernew text begin onnew text end legislative changes that will improve the
quality of American Indian education;

(6) deleted text begindevelopdeleted text endnew text begin development ofnew text end a strategic plan and a long-term framework for American
Indian education, in conjunction with the Minnesota Indian Affairs Council, that is updated
every five years and implemented by the commissioner, with goals to:

(i) increase American Indian student achievement, including increased levels of
proficiency and growth on statewide accountability assessments;

(ii) increase the number of American Indian teachers in public schools;

(iii) close the achievement gap between American Indian students and their more
advantaged peers;

(iv) increase the statewide graduation rate for American Indian students; and

(v) increase American Indian student placement in postsecondary programs and the
workforce; and

(7) deleted text beginkeepdeleted text endnew text begin keepingnew text end the American Indian community informed about the work of the
department by reporting to the Tribal Nations Education Committee at each committee
meeting.

Sec. 22.

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
graduation ceremonies.
new text end

Sec. 23.

Minnesota Statutes 2020, section 125A.094, is amended to read:


125A.094 RESTRICTIVE PROCEDURES deleted text beginFOR CHILDREN WITH
DISABILITIES
deleted text end.

The use of restrictive procedures deleted text beginfor children with disabilitiesdeleted text endnew text begin for all pupils attending
public school
new text end is governed by sections 125A.0941 and 125A.0942.

Sec. 24.

Minnesota Statutes 2020, section 125A.0942, is amended to read:


125A.0942 STANDARDS FOR RESTRICTIVE PROCEDURES.

Subdivision 1.

Restrictive procedures plan.

(a) Schools that intend to use restrictive
procedures shall maintain and make publicly accessible in an electronic format on a school
or district website or make a paper copy available upon request describing a restrictive
procedures plan for children with disabilities that at least:

(1) lists the restrictive procedures the school intends to use;

(2) describes how the school will implement a range of positive behavior strategies and
provide links to mental health services;

(3) describes how the school will provide training on de-escalation techniques, consistent
with section 122A.187, subdivision 4;

(4) describes how the school will monitor and review the use of restrictive procedures,
including:

(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a), clause
(5); and

(ii) convening an oversight committee to undertake a quarterly review of the use of
restrictive procedures based on patterns or problems indicated by similarities in the time of
day, day of the week, duration of the use of a procedure, the individuals involved, or other
factors associated with the use of restrictive procedures; the number of times a restrictive
procedure is used schoolwide and for individual children; the number and types of injuries,
if any, resulting from the use of restrictive procedures; whether restrictive procedures are
used in nonemergency situations; the need for additional staff training;new text begin the use of restrictive
procedures for disproportionality, racial disparities, in the usage of restrictive procedures;
the usage of school resource officer's handling of the behaviors; student documentation to
determine if the staff followed the standards for using restrictive procedures and if there is
updated information about whether the restrictive procedures are contraindicated for the
particular student;
new text end and proposed actions to minimize the use of restrictive procedures; and

(5) includes a written description and documentation of the training staff completed
under subdivision 5.

(b) Schools annually must publicly identify oversight committee members who must at
least include:

(1) a mental health professional, school psychologist, or school social worker;

(2) an expert in positive behavior strategies;

(3) a special education administrator; and

(4) a general education administrator.

Subd. 2.

Restrictive procedures.

(a) Restrictive procedures may be used only by a
licensed special education teacher, school social worker, school psychologist, behavior
analyst certified by the National Behavior Analyst Certification Board, a person with a
master's degree in behavior analysis, other licensed education professional, paraprofessional
under section 120B.363, or mental health professional under section 245.4871, subdivision
27
, who has completed the training program under subdivision 5.

(b) A school shall make reasonable efforts to notify the parent on the same day a
restrictive procedure is used on the child, or if the school is unable to provide same-day
notice, notice is sent within two days by written or electronic means or as otherwise indicated
by the child's parent under paragraph (f).

(c) The district must hold a meeting of the individualized education program team,new text begin if
the student is a student with a disability, or a meeting of relevant members of the student's
team, including the parent, if the student is not a student with a disability,
new text end conduct or review
a functional behavioral analysis, review data, consider developing additional or revised
positive behavioral interventions and supports, consider actions to reduce the use of restrictive
procedures, and modify the individualized education program or behavior intervention plan
as appropriate. The district must hold the meeting: within ten calendar days after district
staff use restrictive procedures on two separate school days within 30 calendar days or a
pattern of use emerges and the child's individualized education program or behavior
intervention plan does not provide for using restrictive procedures in an emergency; or at
the request of a parent or the district after restrictive procedures are used. The district must
review use of restrictive procedures at a child's annual individualized education program
meeting when the child's individualized education program provides for using restrictive
procedures in an emergency.

(d) If the deleted text beginindividualized education programdeleted text endnew text begin meetingnew text end team under paragraph (c) determines
that existing interventions and supports are ineffective in reducing the use of restrictive
procedures or the district uses restrictive procedures on a child on ten or more school days
during the same school year, the team, as appropriate, either must consult with other
professionals working with the child; consult with experts in behavior analysis, mental
health, communication, or autism; consult with culturally competent professionals; review
existing evaluations, resources, and successful strategies; or consider whether to reevaluate
the child.

(e) At the deleted text beginindividualized education programdeleted text end meeting under paragraph (c), the team must
review any known medical or psychological limitations, including any medical information
the parent provides voluntarily, that contraindicate the use of a restrictive procedure, consider
whether to prohibit that restrictive procedure, and document any prohibition in the
individualized education program or behavior intervention plan.

(f) An individualized education program team may plan for using restrictive procedures
and may include these procedures in a child's individualized education program or behavior
intervention plan; however, the restrictive procedures may be used only in response to
behavior that constitutes an emergency, consistent with this section. The individualized
education program or behavior intervention plan shall indicate how the parent wants to be
notified when a restrictive procedure is used.

Subd. 3.

Physical holding or seclusion.

(a) Physical holding or seclusion may be used
only in an emergency. A school that uses physical holding or seclusion shall meet the
following requirements:

(1) physical holding or seclusion is the least intrusive intervention that effectively
responds to the emergency;

(2) physical holding or seclusion is not used to discipline a noncompliant child;

(3) physical holding or seclusion ends when the threat of harm ends and the staff
determines the child can safely return to the classroom or activity;

(4) staff directly observes the child while physical holding or seclusion is being used;

(5) each time physical holding or seclusion is used, the staff person who implements or
oversees the physical holding or seclusion documents, as soon as possible after the incident
concludes, the following information:

(i) a description of the incident that led to the physical holding or seclusion;

(ii) why a less restrictive measure failed or was determined by staff to be inappropriate
or impractical;

(iii) the time the physical holding or seclusion began and the time the child was released;
deleted text begin and
deleted text end

(iv) a brief record of the child's behavioral and physical status;new text begin and
new text end

new text begin (v) a brief description of the post-use debriefing process that occurred following the use
of the restrictive procedure;
new text end

(6) the room used for seclusion must:

(i) be at least six feet by five feet;

(ii) be well lit, well ventilated, adequately heated, and clean;

(iii) have a window that allows staff to directly observe a child in seclusion;

(iv) have tamperproof fixtures, electrical switches located immediately outside the door,
and secure ceilings;

(v) have doors that open out and are unlocked, locked with keyless locks that have
immediate release mechanisms, or locked with locks that have immediate release mechanisms
connected with a fire and emergency system; and

(vi) not contain objects that a child may use to injure the child or others; and

(7) before using a room for seclusion, a school must:

(i) receive written notice from local authorities that the room and the locking mechanisms
comply with applicable building, fire, and safety codes; and

(ii) register the room with the commissioner, who may view that room.

(b) By February 1, 2015, and annually thereafter, stakeholders may, as necessary,
recommend to the commissioner specific and measurable implementation and outcome
goals for reducing the use of restrictive procedures and the commissioner must submit to
the legislature a report on districts' progress in reducing the use of restrictive procedures
that recommends how to further reduce these procedures and eliminate the use of seclusion.
The statewide plan includes the following components: measurable goals; the resources,
training, technical assistance, mental health services, and collaborative efforts needed to
significantly reduce districts' use of seclusion; and recommendations to clarify and improve
the law governing districts' use of restrictive procedures. The commissioner must consult
with interested stakeholders when preparing the report, including representatives of advocacy
organizations, special education directors, teachers, paraprofessionals, intermediate school
districts, school boards, day treatment providers, county social services, state human services
department staff, mental health professionals, and autism experts. Beginning with the
2016-2017 school year, in a form and manner determined by the commissioner, districts
must report data quarterly to the department by January 15, April 15, July 15, and October
15 about individual students who have been secluded. By July 15 each year, districts must
report summary data on their use of restrictive procedures to the department for the prior
school year, July 1 through June 30, in a form and manner determined by the commissioner.
The summary data must include information about the use of restrictive procedures, including
use of reasonable force under section 121A.582.

Subd. 4.

Prohibitions.

The following actions or procedures are prohibited:

(1) engaging in conduct prohibited under section 121A.58;

(2) requiring a child to assume and maintain a specified physical position, activity, or
posture that induces physical pain;

(3) totally or partially restricting a child's senses as punishment;

(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
substance, or spray as punishment;

(5) denying or restricting a child's access to equipment and devices such as walkers,
wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
except when temporarily removing the equipment or device is needed to prevent injury to
the child or others or serious damage to the equipment or device, in which case the equipment
or device shall be returned to the child as soon as possible;

(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or physical
abuse under chapter 260E;

(7) withholding regularly scheduled meals or water;

(8) denying access to bathroom facilities;

(9) physical holding that restricts or impairs a child's ability to breathe, restricts or impairs
a child's ability to communicate distress, places pressure or weight on a child's head, throat,
neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child's
torso; deleted text beginand
deleted text end

(10) prone restraintdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (11) utilizing a restrictive procedure on any child under the age of 5.
new text end

Subd. 5.

Training for staff.

(a) To meet the requirements of subdivision 1, staff who
use restrictive procedures, including paraprofessionals, shall complete training in the
following skills and knowledge areas:

(1) positive behavioral interventions;

(2) communicative intent of behaviors;

(3) relationship building;

(4) alternatives to restrictive procedures, including techniques to identify events and
environmental factors that may escalate behavior;

(5) de-escalation methods;

(6) standards for using restrictive procedures only in an emergency;

(7) obtaining emergency medical assistance;

(8) the physiological and psychological impact of physical holding and seclusion;

(9) monitoring and responding to a child's physical signs of distress when physical
holding is being used;

(10) recognizing the symptoms of and interventions that may cause positional asphyxia
when physical holding is used;

(11) district policies and procedures for timely reporting and documenting each incident
involving use of a restricted procedure; and

(12) schoolwide programs on positive behavior strategies.

(b) The commissioner, after consulting with the commissioner of human services, must
develop and maintain a list of training programs that satisfy the requirements of paragraph
(a). The commissioner also must develop and maintain a list of experts to help individualized
education program teams reduce the use of restrictive procedures. The district shall maintain
records of staff who have been trained and the organization or professional that conducted
the training. The district may collaborate with children's community mental health providers
to coordinate trainings.

Subd. 6.

Behavior supports; reasonable force.

(a) School districts are encouraged to
establish effective schoolwide systems of positive behavior interventions and supports.

(b) Nothing in this section or section 125A.0941 precludes the use of reasonable force
under sections 121A.582; 609.06, subdivision 1; and 609.379. For the 2014-2015 school
year and later, districts must collect and submit to the commissioner summary data, consistent
with subdivision 3, paragraph (b), on district use of reasonable force that is consistent with
the definition of physical holding or seclusion for a child with a disability under this section.

ARTICLE 4

HEALTH AND WELLNESS

Section 1.

Minnesota Statutes 2020, section 120B.21, is amended to read:


120B.21 MENTAL HEALTH EDUCATION.

School districts and charter schools deleted text beginare encouraged todeleted text endnew text begin mustnew text end provide mental health
instruction for students in grades 4 through 12 aligned with local healthnew text begin educationnew text end standards
and integrated into existing programs, curriculum, or the general school environment
new text begin activities new text endof a district or charter school. The commissioner, in consultation with the
commissioner of human services, commissioner of health, and mental health organizations,
mustdeleted text begin, by July 1, 2020, and July 1 of each even-numbered year thereafter,deleted text end provide districts
and charter schools with resources gathered by Minnesota mental health advocates, including:

(1) age-appropriate model learning activities for grades 4 through 12 that encompass
the mental health components of the National Health Education Standards and the
benchmarks developed by the department's quality teaching network in health and best
practices in mental health education; and

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2020, section 121A.031, subdivision 5, is amended to read:


Subd. 5.

Safe and supportive schools programming.

(a) Districts and schools deleted text beginare
encouraged to
deleted text endnew text begin mustnew text end provide developmentally appropriate programmatic instruction to help
students identify, prevent, and reduce prohibited conductdeleted text begin; 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
deleted text endnew text begin by establishingnew text end 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. 3.

Minnesota Statutes 2020, 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 use evidence-based
social-emotional learning to prevent and reduce discrimination and other improper conduct.
new text end

new text begin (e) The commissioner shall develop and adopt state-level social-emotional learning
standards.
new text end

ARTICLE 5

TEACHERS

Section 1.

Minnesota Statutes 2020, 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.

(b) "Curriculum" means district or school adopted programs and written plans for
providing students with learning experiences that lead to expected knowledge and skills
and career and college readiness.

(c) "World's best workforce" means striving to: meet school readiness goals; 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.

(d) "Experiential learning" means learning for students that includes career exploration
through a specific class or course or through work-based experiences such as job shadowing,
mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative
work experience, youth apprenticeship, or employment.

new text begin (e) "Ethnic studies curriculum" means the critical and interdisciplinary study of race,
ethnicity, and indigeneity with a focus on the experiences and perspectives of people of
color within and beyond the United States. The ethnic studies curriculum may be integrated
in existing curricular opportunities or provided through additional curricular offerings.
new text end

new text begin (f) "Rigorous" means meeting state K-12 academic standards.
new text end

new text begin (g) "Anti-racist" means the active process of identifying and eliminating racism by
changing systems, organizational structures, policies, practices, attitudes, and dispositions
so that power and resources are redistributed and shared equitably.
new text end

new text begin (h) "Culturally sustaining" means integrating content and practices that infuse the culture
and language of Black, Indigenous, and People of Color communities who have been and
continue to be harmed and erased through schooling.
new text end

new text begin (i) "Institutional racism" means policies and practices within and across institutions that
produce outcomes that chronically favor white people and predictably disadvantage those
who are Black, Indigenous, and People of Color.
new text end

Sec. 2.

Minnesota Statutes 2020, 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) access to culturally relevant or ethnic studies
curriculum using culturally responsive methodologies for all learners
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 thatnew text begin:
new text end

new text begin (i)new text end integrate high-quality instruction, deleted text beginrigorous curriculum,deleted text end technology, and new text begincurriculum
that is rigorous, accurate, anti-racist, and culturally sustaining;
new text end

new text begin (ii) ensure learning and work environments validate, affirm, embrace, and integrate
cultural and community strengths for all students, families, and employees; and
new text end

new text begin (iii) provide new text enda collaborative professional culture that deleted text begindevelops and supportsdeleted text endnew text begin seeks to
retain 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. 3.

Minnesota Statutes 2020, 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
boardnew text begin:new text end 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 is rigorous, accurate, anti-racist, and culturally
sustaining; strategies to ensure that curriculum and learning and work environments validate,
affirm, embrace, and integrate the cultural and community strengths of all racial and ethnic
groups;
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.

Sec. 4.

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 2022 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 2022 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 partners, 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

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

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 sections 121A.031 and
363A.13, consistent with local collective bargaining agreements and sections 121A.41 to
121A.56.
new text end

Sec. 6.

Minnesota Statutes 2020, 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. 7.

Minnesota Statutes 2020, 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. 8.

Minnesota Statutes 2020, section 122A.185, subdivision 1, is amended to read:


Subdivision 1.

Tests.

deleted text begin (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. 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.
deleted text end

deleted text begin (b)deleted text endnew text begin (a)new text end The board must adopt rules requiring candidates for Tier 3 and Tier 4 licenses to
pass an examination of general pedagogical knowledge and examinations of licensure field
specific content. The content examination requirement does not apply if no relevant content
exam exists.

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

deleted text begin (d)deleted text endnew text begin (c)new text end 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.

Sec. 9.

Minnesota Statutes 2020, 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 endnew text begin thatnew text end qualifies 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 endnew text begin thatnew text end is offered through a community education program and deleted text beginwhichdeleted text endnew text begin thatnew 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 endnew text begin
that
new text end is 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 endnew text begin thatnew text end is 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 which is required for an instructor in a community education program pursuant to
this deleted text beginsubdivisiondeleted text endnew text begin paragraphnew text end shall 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 begin clausedeleted text endnew text begin paragraphnew text end (a).

Sec. 10.

Minnesota Statutes 2020, 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, which 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, 2023.
new text end

Sec. 11.

Minnesota Statutes 2020, 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, which 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, 2023.
new text end

Sec. 12.

Minnesota Statutes 2020, 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'snew text begin culturally responsivenew text end leadership 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 endnew text begin (4)new text end be 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 endnew text begin (6)new text end allow 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, 2023.
new text end

Sec. 13.

Minnesota Statutes 2020, 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 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 validate, affirm, embrace, and integrate cultural
and community strengths of all students, families, and employees in the district's curriculum
as well as learning and work environments, and to address issues of institutional racism as
defined in section 120B.11, subdivision 1, in schools that create opportunity and achievement
gaps for students, families, and staff who are of color or American Indian. Examples of
institutional racism experienced by students who are of color or American Indian include
policies and practices that intentionally or unintentionally result in disparate discipline
referrals and suspension, inequitable access to advanced coursework, overrepresentation in
lower-level coursework, inequitable participation in cocurricular activities, inequitable
parent involvement, and lack of equitable access to racially and ethnically diverse teachers
who reflect the racial or ethnic diversity of students because it has not been a priority to
hire or retain such teachers.
new text end

new text begin (d) School districts must use local data, to the extent practicable, to develop plan
components and strategies. Plans may include:
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) 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 and to inform development of specific proposals for making school
environments more validating, affirming, embracing, and integrating of their cultural and
community strengths;
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 anti-racist and culturally sustaining as defined in section 120B.11,
subdivision 1, for serving students who are from racially and ethnically diverse backgrounds;
new text end

new text begin (5) recruitment and retention of teachers, administrators, cultural and family liaisons,
paraprofessionals, and other 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) collection, examination, and evaluation of academic and discipline data for
institutional racism as defined in section 120B.11, subdivision 1, in structures, policies, and
practices that result in the education disparities, in order to propose anti-racist changes as
defined in section 120B.11, subdivision 1, that increase access, meaningful participation,
representation, and positive outcomes for students of color and American Indian students;
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 students who are impacted by racial,
gender, linguistic, and economic disparities, including students enrolled in area learning
centers or alternative learning programs under section 123A.05, state-approved alternative
programs under section 126C.05, subdivision 15, and contract alternative programs under
section 124D.69, among other underserved students;
new text end

new text begin (8) ethnic studies curriculum as defined in section 120B.11, subdivision 1, to provide
all students with opportunities to learn about their own and others' cultures and historical
experiences; or
new text end

new text begin (9) examination and revision of district curricula in all subjects to be inclusive of diverse
racial and ethnic groups while meeting state academic standards and being culturally
sustaining as defined in section 120B.11, subdivision 1, ensuring content being studied
about any group is accurate and based in knowledge from that group.
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 deleted text beginformativedeleted text endnew text begin multiple measures ofnew text end assessment deleted text beginpracticesdeleted text endnew text begin
and engagement in order
new text end to deleted text beginreduce thedeleted text endnew text begin eliminate academicnew text end disparities deleted text beginin student academic
performance among the specific categories of students as measured by student progress and
growth on state reading and math assessments and
deleted text endnew text begin for students impacted by racial, gender,
linguistic, and economic inequities
new text end 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 following final enactment.
new text end

ARTICLE 6

CHARTER SCHOOLS

Section 1.

Minnesota Statutes 2020, section 124E.02, is amended to read:


124E.02 DEFINITIONS.

(a) For purposes of this chapter, the terms defined in this section have the meanings
given them.

(b) "Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under section 124E.06, subdivision 4, attesting to
its review and approval process before chartering a school.

(c) "Affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person.

new text begin (d) "Charter management organization" means any nonprofit entity that contracts with
a charter school board of directors to provide, manage, or oversee all or substantially all of
a charter school's educational design or implementation, or a charter school's administrative,
financial, business, or operational functions.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end "Control" means the ability to affect the management, operations, or policy actions
or decisions of a person, whether by owning voting securities, by contract, or otherwise.

new text begin (f) "Education management organization" means any for-profit entity that provides,
manages, or oversees all or substantially all of the educational design or implementation
for a charter school, or a charter school's administrative, financial, business, or operational
functions.
new text end

deleted text begin (e)deleted text endnew text begin (g)new text end "Immediate family" means an individual whose relationship by blood, marriage,
adoption, or partnership is no more remote than first cousin.

new text begin (h) "Online education service provider" means an organization that provides an online
learning management system, virtual learning environment, or online student management
system for a charter school and services for the implementation and operation of an online
education program for the charter school.
new text end

deleted text begin (f)deleted text endnew text begin (i)new text end "Person" means an individual or entity of any kind.

deleted text begin (g)deleted text endnew text begin (j)new text end "Related party" means an affiliate or immediate relative of the other interested
party, an affiliate of an immediate relative who is the other interested party, or an immediate
relative of an affiliate who is the other interested party.

deleted text begin (h)deleted text endnew text begin (k)new text end For purposes of this chapter, the terms defined in section 120A.05 have the same
meanings.

Sec. 2.

Minnesota Statutes 2020, section 124E.03, subdivision 2, is amended to read:


Subd. 2.

Certain federal, state, and local requirements.

(a) A charter school shall
meet all federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing standards
and assessments in chapter 120B.

(c) A charter school must comply with the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(d) A charter school is a district for the purposes of tort liability under chapter 466.

(e) A charter school must comply with the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(f) A charter school and charter school board of directors must comply with chapter 181
governing requirements for employment.

(g) A charter school must comply with continuing truant notification under section
260A.03.

(h) A charter school must develop and implement a teacher evaluation and peer review
process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place
students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d).
The teacher evaluation process in this paragraph does not create any additional employment
rights for teachers.

(i) A charter school must adopt a policy, plan, budget, and process, consistent with
section 120B.11, to review curriculum, instruction, and student achievement and strive for
the world's best workforce.

(j) A charter school is subject to and must comply withnew text begin section 121A.575 andnew text end the Pupil
Fair Dismissal Act, sections 121A.40 to 121A.56.

new text begin (k) A charter school is subject to and must comply with the uniform municipal contracting
law according to section 471.345 in the same manner as school districts.
new text end

Sec. 3.

Minnesota Statutes 2020, section 124E.03, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin English learners. new text end

new text begin A charter school is subject to and must comply with the
Education for English Learners Act, sections 124D.58 to 124D.64, as though it were a
district.
new text end

Sec. 4.

Minnesota Statutes 2020, section 124E.03, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin Corporal punishment. new text end

new text begin A charter school is subject to and must comply with
section 121A.58 as though it were a district.
new text end

Sec. 5.

Minnesota Statutes 2020, section 124E.05, subdivision 4, is amended to read:


Subd. 4.

Application content.

(a) To be approved as an authorizer, an applicant must
include in its application to the commissioner at least the following:

(1) how the organization carries out its mission by chartering schools;

(2) a description of the capacity of the organization to serve as an authorizer, including
the positions allocated to authorizing duties, the qualifications for those positions, the
full-time equivalencies of those positions, and the financial resources available to fund the
positions;

(3) the application and review process the authorizer uses to decide whether to grant
charters;

(4) the type of contract it arranges with the schools it charters to meet the provisions of
section 124E.10;

(5) the process for overseeing the school, consistent with clause (4), to ensure that the
schools chartered comply with applicable law and rules and the contract;

(6) the criteria and process the authorizer uses to approve applications adding grades or
sites under section 124E.06, subdivision 5;

(7) the process for renewing or terminating the school's charter based on evidence
showing the academic, organizational, and financial competency of the school, including
its success in increasing student achievement and meeting the goals of the charter school
agreement; and

(8) an assurance specifying that the organization is committed to serving as an authorizer
deleted text begin for the full five-year termdeleted text endnew text begin until the commissioner terminates the organization's ability to
authorize charter schools under subdivision 6 or the organization formally withdraws as an
approved authorizer under subdivision 7
new text end.

(b) Notwithstanding paragraph (a), an authorizer that is a school district may satisfy the
requirements of paragraph (a), clauses (1) and (2), and any requirement governing a conflict
of interest between an authorizer and its charter schools or ongoing evaluation or continuing
education of an administrator or other professional support staff by submitting to the
commissioner a written promise to comply with the requirements.

Sec. 6.

Minnesota Statutes 2020, section 124E.05, subdivision 7, is amended to read:


Subd. 7.

Withdrawal.

If the governing board of an approved authorizer votes to withdraw
as an approved authorizer for a reason unrelated to any cause under section deleted text begin124E.10,
subdivision 4
deleted text endnew text begin 124E.07, subdivision 6new text end, the authorizer must notify all its chartered schools
and the commissioner in writing by March 1 of its intent to withdraw as an authorizer on
June 30 in the next calendar yeardeleted text begin, regardless of when the authorizer's five-year term of
approval ends
deleted text end. Upon notification of the schools and commissioner, the authorizer must
provide a letter to the school for distribution to families of students enrolled in the school
that explains the decision to withdraw as an authorizer. The commissioner may approve the
transfer of a charter school to a new authorizer under section 124E.10, subdivision 5.

Sec. 7.

Minnesota Statutes 2020, section 124E.06, subdivision 1, is amended to read:


Subdivision 1.

Individuals eligible to organize.

(a) An authorizer, after receiving an
application from a charter school developer, may charter either a licensed teacher under
section 122A.18, subdivision 1, or a group of individuals that includes one or more licensed
teachers under section 122A.18, subdivision 1, to operate a school subject to the
commissioner's approval of the authorizer's affidavit under subdivision 4.

(b) "Application" under this section means the charter school business plan a charter
school developer submits to an authorizer for approval to establish a charter school. This
application must include:

(1) the school developer's:

(i) mission statement;

(ii) school purposes;

(iii) program design;

(iv) financial plan;

new text begin (v) market need and demand study;
new text end

deleted text begin (v)deleted text endnew text begin (vi)new text end governance and management structure; and

deleted text begin (vi)deleted text endnew text begin (vii)new text end background and experience;

(2) any other information the authorizer requests; and

(3) a "statement of assurances" of legal compliance prescribed by the commissioner.

new text begin (c) "Market need and demand study" means a study that includes the following for any
proposed location of a new school, grade or site expansion, or preschool program:
new text end

new text begin (1) current and projected demographic information;
new text end

new text begin (2) student enrollment patterns;
new text end

new text begin (3) information on existing schools and types of educational programs currently available;
new text end

new text begin (4) characteristics of proposed students and families;
new text end

new text begin (5) availability of properly zoned and classified facilities; and
new text end

new text begin (6) quantification of existing demand for the new school, grade or site expansion, or
preschool program.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end An authorizer shall not approve an application submitted by a charter school
developer under paragraph (a) if the application does not comply with subdivision 3,
paragraph (e), and section 124E.01, subdivision 1. The commissioner shall not approve an
affidavit submitted by an authorizer under subdivision 4 if the affidavit does not comply
with subdivision 3, paragraph (e), and section 124E.01, subdivision 1.

Sec. 8.

Minnesota Statutes 2020, section 124E.06, subdivision 4, is amended to read:


Subd. 4.

Authorizer's affidavit; approval process.

(a) Before an operator may establish
and operate a school, the authorizer must file an affidavit with the commissioner stating its
intent to charter a school. An authorizer must file a separate affidavit for each school it
intends to charter. An authorizer must file an affidavit at least 14 months before July 1 of
the year the new charter school plans to serve students. The affidavit must state:

(1) the terms and conditions under which the authorizer would charter a schoolnew text begin, including
market research that addresses the need, demand, and potential market for the proposed
charter school in the community where the school intends to locate
new text end; and

(2) how the authorizer intends to oversee:

(i) the fiscal and student performance of the charter school; and

(ii) compliance with the terms of the written contract between the authorizer and the
charter school board of directors under section 124E.10, subdivision 1.

(b) The commissioner must approve or disapprove the authorizer's affidavit within 60
business days of receiving the affidavit. If the commissioner disapproves the affidavit, the
commissioner shall notify the authorizer of the deficiencies in the affidavit and the authorizer
then has 20 business days to address the deficiencies. The commissioner must notify the
authorizer of the commissioner's final approval or final disapproval within 15 business days
after receiving the authorizer's response to the deficiencies in the affidavit. If the authorizer
does not address deficiencies to the commissioner's satisfaction, the commissioner's
disapproval is final. An authorizer who fails to obtain the commissioner's approval is
precluded from chartering the school that is the subject of this affidavit.

Sec. 9.

Minnesota Statutes 2020, section 124E.06, subdivision 5, is amended to read:


Subd. 5.

Adding grades or sites.

(a) A charter school may apply to the authorizer to
amend the school charter to add grades or primary enrollment sites beyond those defined
in the original affidavit approved by the commissioner. After approving the school's
application, the authorizer shall submit a supplemental affidavit in the form and manner
prescribed by the commissioner. The authorizer must file a supplemental affidavit to the
commissioner by October 1 to be eligible to add grades or sites in the next school year. The
supplemental affidavit must document to the authorizer's satisfaction:

(1) the need for the additional grades or sites with supporting long-range enrollment
projections;

(2) a longitudinal record of student academic performance and growth on statewide
assessments under chapter 120B or on other academic assessments that measure longitudinal
student performance and growth approved by the charter school's board of directors and
agreed upon with the authorizer;

(3) a history of sound school finances and a plan to add grades or sites that sustains the
school's finances;deleted text begin and
deleted text end

(4) board capacity to administer and manage the additional grades or sitesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) market need and demand study.
new text end

(b) The commissioner shall have 30 business days to review and comment on the
supplemental affidavit. The commissioner shall notify the authorizer in writing of any
deficiencies in the supplemental affidavit and the authorizer then has 20 business days to
address any deficiencies in the supplemental affidavit to the commissioner's satisfaction.
The commissioner must notify the authorizer of final approval or final disapproval within
15 business days after receiving the authorizer's response to the deficiencies in the affidavit.
The school may not add grades or sites until the commissioner has approved the supplemental
affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.

Sec. 10.

Minnesota Statutes 2020, section 124E.11, is amended to read:


124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.

(a) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), may limit admission to:

(1) pupils within an age group or grade level;

(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or

(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.

(b) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), shall enroll an eligible pupil who
submits a timely application, unless the number of applications exceeds the capacity of a
program, class, grade level, or building. In this case, pupils must be accepted by lot. The
charter school must develop and publish, including on its website, a lottery policy and
process that it must use when accepting pupils by lot.

(c) A charter school shall give enrollment preference to a sibling of an enrolled pupil
and to a foster child of that pupil's parents and may give preference for enrolling children
of the school's staff before accepting other pupils by lot. A charter school that is located in
Duluth township in St. Louis County and admits students in kindergarten through grade 6
must give enrollment preference to students residing within a five-mile radius of the school
and to the siblings of enrolled children. A charter school may give enrollment preference
to children currently enrolled in the school's free preschool or prekindergarten program
under section 124E.06, subdivision 3, paragraph (b), who are eligible to enroll in kindergarten
in the next school year.

(d) new text beginAdmission to a charter school is free to any person who resides within the state of
Minnesota and Minnesota students have preference over out-of-state residents.
new text endA person
shall not be admitted to a charter school (1) as a kindergarten pupil, unless the pupil is at
least five years of age on September 1 of the calendar year in which the school year for
which the pupil seeks admission commences; or (2) as a first grade student, unless the pupil
is at least six years of age on September 1 of the calendar year in which the school year for
which the pupil seeks admission commences or has completed kindergarten; except that a
charter school may establish and publish on its website a policy for admission of selected
pupils at an earlier age, consistent with the enrollment process in paragraphs (b) and (c).

(e) Except as permitted in paragraph (d), a charter school, including its preschool or
prekindergarten program established under section 124E.06, subdivision 3, paragraph (b),
may not limit admission to pupils on the basis of intellectual ability, measures of achievement
or aptitude, or athletic ability and may not establish any criteria or requirements for admission
that are inconsistent with this section.

(f) The charter school shall not distribute any services or goods of value to students,
parents, or guardians as an inducement, term, or condition of enrolling a student in a charter
school.

(g) Once a student is enrolled in the school, the student is considered enrolled in the
school until the student formally withdraws or is expelled under the Pupil Fair Dismissal
Act in sections 121A.40 to 121A.56.

(h) A charter school with at least 90 percent of enrolled students who are eligible for
special education services and have a primary disability of deaf or hard-of-hearing may
enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1,
paragraph (a), and must comply with the federal Individuals with Disabilities Education
Act under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause
(iv).

Sec. 11.

Minnesota Statutes 2020, section 124E.12, subdivision 1, is amended to read:


Subdivision 1.

Teachers.

A charter school must employ new text beginnecessary teachers new text endor contract
with new text begina cooperative formed under chapter 308A to provide new text endnecessary teachers, as defined
by section deleted text begin122A.15, subdivision 1deleted text endnew text begin 122A.06, subdivision 2new text end, who hold valid licenses to
perform the particular service for which they are employed in the school. The commissioner
may reduce the charter school's state aid under section 127A.43 if the school employs a
teacher who is not appropriately licensed or approved by the Professional Educator Licensing
and Standards Board. The school may employ necessary employees who are not required
to hold teaching licenses to perform duties other than teaching and may contract for other
services. The school may discharge teachers and nonlicensed employees. The charter school
board is subject to section 181.932 governing whistle-blowers. When offering employment
to a prospective employee, a charter school must give that employee a written description
of the terms and conditions of employment and the school's personnel policies.

Sec. 12.

Minnesota Statutes 2020, section 124E.13, subdivision 1, is amended to read:


Subdivision 1.

Leased space.

A charter school may lease space from: an independent
or special school board; other public organization; private, nonprofit, nonsectarian
organization; private property owner; or a sectarian organizationnew text begin; andnew text end if the leased space isnew text begin
owned by the lessor and is
new text end constructed as a school facility. The commissioner must review
and approve or disapprove leases in a timely manner to determine eligibility for lease aid
under section 124E.22.

Sec. 13.

Minnesota Statutes 2020, 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. deleted text beginAdeleted text endnew text begin Onenew text end charter school may organize an affiliated
nonprofit building corporation new text beginthat serves only that charter school new text endif 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.

Sec. 14.

Minnesota Statutes 2020, section 124E.16, subdivision 1, is amended to read:


Subdivision 1.

Audit report.

(a) A charter school is subject to the same financial audits,
audit procedures, and audit requirements as a district, except as required under this
subdivision. Audits must be conducted in compliance with generally accepted governmental
auditing standards, the federal Single Audit Act, if applicable, and section 6.65 governing
auditing procedures. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06 governing government property
and financial investments; and sections 471.38; 471.391; 471.392; and 471.425 governing
municipal contracting. The audit must comply with the requirements of sections 123B.75
to 123B.83 governing school district finance, except when the commissioner and authorizer
approve a deviation made necessary because of school program finances. The commissioner,
state auditor, legislative auditor, or authorizer may conduct financial, program, or compliance
audits. A charter school in statutory operating debt under sections 123B.81 to 123B.83 must
submit a plan under section 123B.81, subdivision 4.

(b) The charter school must submit an audit report to the commissioner and its authorizer
annually by December 31.new text begin The charter school's charter management organization or
educational management organization must submit an audit report to the commissioner
annually by December 31.
new text end

(c) The charter school, with the assistance of the auditor conducting the audit, must
include with the report, as supplemental information: (1) a copy of management agreements
with a charter management organization or an educational management organization and
(2) service agreements or contracts over the lesser of $100,000 or ten percent of the school's
most recent annual audited expenditures. The agreements must detail the terms of the
agreement, including the services provided and the annual costs for those services. If the
entity that provides the professional services to the charter school is exempt from taxation
under section 501 of the Internal Revenue Code of 1986, that entity must file with the
commissioner by February 15 a copy of the annual return required under section 6033 of
the Internal Revenue Code of 1986.

(d) A charter school independent audit report shall include audited financial data of an
affiliated building corporation under section 124E.13, subdivision 3, or other component
unit.

(e) If the audit report finds that a material weakness exists in the financial reporting
systems of a charter school, the charter school must submit a written report to the
commissioner explaining how the charter school will resolve that material weakness. An
auditor, as a condition of providing financial services to a charter school, must agree to
make available information about a charter school's financial audit to the commissioner and
authorizer upon request.

Sec. 15.

Minnesota Statutes 2020, section 124E.25, subdivision 1a, is amended to read:


Subd. 1a.

School closures; payments.

(a) Notwithstanding subdivision 1 and section
127A.45, for a charter school ceasing operation on or before June 30, for the payment periods
occurring after the school ceases serving students, the commissioner shall withhold the
estimated state aid owed the school. The charter school board of directors and authorizer
must submit to the commissioner a closure plan under chapter deleted text begin308A ordeleted text end 317Adeleted text begin,deleted text end and financial
information about the school's liabilities and assets. After receiving the closure plan, financial
information, an audit of pupil counts, and documented lease expenditures from the charter
school and monitoring special education expenditures, the commissioner may release cash
withheld and may continue regular payments up to the current year payment percentages
if further amounts are owed. If, based on audits and monitoring, the school received state
aid in excess of the amount owed, the commissioner shall retain aid withheld sufficient to
eliminate the aid overpayment.

(b) For a charter school ceasing operations before or at the end of a school year,
notwithstanding section 127A.45, subdivision 3, the commissioner may make preliminary
final payments after the school submits the closure plan, an audit of pupil counts, documented
lease expenditures, and Uniform Financial Accounting and Reporting Standards (UFARS)
financial data and the commissioner monitors special education expenditures for the final
year of operation. The commissioner may make the final payment after receiving audited
financial statements under section 123B.77, subdivision 3.

(c) Notwithstanding sections 317A.701 to 317A.791, after closing a charter school and
satisfying creditors, remaining cash and investment balances shall be returned by the
commissioner to the state general fund.

ARTICLE 7

NUTRITION AND LIBRARIES

Section 1.

Minnesota Statutes 2020, 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 sponsor
of the national school lunch program or school breakfast 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 any student;
new text end

new text begin (3) address whether the sponsor uses a collection 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 sponsor has placed a meal on a tray or otherwise served a
reimbursable 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 third-party provider with its school meal policy if the school contracts
with a third-party provider 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, 2021, must ensure that the third-party provider adheres
to the sponsor'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 deleted text beginparticipantsdeleted text endnew text begin
sponsors
new text end 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
deleted text begin participantdeleted text endnew text begin sponsornew text end 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 deleted text beginparticipantdeleted text endnew text begin sponsornew text end that receives school lunch aid under this section
must make deleted text beginlunchdeleted text endnew text begin mealsnew text end available without chargenew text begin and must not deny a school lunch or
breakfast
new 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. The deleted text beginparticipantdeleted text endnew text begin sponsornew text end must also ensure that
any reminders for payment of outstanding student meal balances do not demean or stigmatize
any child participating in the school lunch programnew text begin or school breakfast programnew text end.

new text begin Subd. 5. new text end

new text begin Respectful treatment. new text end

new text begin (a) The sponsor must also provide meals to students in
a respectful manner according to the policy adopted under subdivision 1. The sponsor must
not impose any other restriction prohibited under section 123B.37 due to unpaid student
meal debt. The sponsor 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 sponsor 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
sponsor. The sponsor 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 July 1, 2021.
new text end

Sec. 2.

new text begin [124D.901] SCHOOL LIBRARIES AND MEDIA CENTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin A school district or charter school library or school library
media center provides equitable and free access to students, teachers, and administrators
and must:
new text end

new text begin (1) ensure every student has equitable access to resources and is able to locate, access,
and use on-site resources that are organized and cataloged;
new text end

new text begin (2) have a collection development policy that includes but is not limited to materials
selection and de-selection, a challenged materials procedure, and an intellectual and academic
freedom statement;
new text end

new text begin (3) be housed in a central location that provides an environment for expanded learning
to meet the unique needs and interests of individual students; and
new text end

new text begin (4) have technology tools and broadband access.
new text end

new text begin Subd. 2. new text end

new text begin Services. new text end

new text begin The school district or charter school library or school library media
center must employ a licensed school library media specialist or licensed school librarian
who:
new text end

new text begin (1) provides instruction for students;
new text end

new text begin (2) provides staff training on the use of new resources and equipment;
new text end

new text begin (3) provides instructional support for and collaboration with teachers of all disciplines;
new text end

new text begin (4) participates in school-wide technology and communications planning and promotes
its integration into all instructional programs; and
new text end

new text begin (5) models and supports the ethical use of information, adherence to copyright laws, and
respect for intellectual property.
new text end

Sec. 3.

Minnesota Statutes 2020, section 134.34, subdivision 1, is amended to read:


Subdivision 1.

Local support levels.

(a) Regional library basic system support aid shall
be provided to any regional public library system where there are at least three participating
counties and where each participating city and county is providing for public library service
support the lesser of (a) an amount equivalent to .82 percent of the average of the adjusted
net tax capacity of the taxable property of that city or county, as determined by the
commissioner of revenue for the second, third, and fourth year preceding that calendar year
or (b) a per capita amount calculated under the provisions of this subdivision. The per capita
amount is established for calendar year 1993 as $7.62. In succeeding calendar years, the
per capita amount shall be increased by a percentage equal to one-half of the percentage by
which the total state adjusted net tax capacity of property as determined by the commissioner
of revenue for the second year preceding that calendar year increases over that total adjusted
net tax capacity for the third year preceding that calendar year.

(b) The minimum level of support specified under this subdivision or subdivision 4 shall
be certified annually to the participating cities and counties by the Department of Education.
If a city or county chooses to reduce its local support in accordance with subdivision 4,
paragraph (b) or (c), it shall notify its regional public library system. The regional public
library system shall notify the Department of Education that a revised certification is required.
The revised minimum level of support shall be certified to the city or county by the
Department of Education.

(c) A city which is a part of a regional public library system shall not be required to
provide this level of support if the property of that city is already taxable by the county for
the support of that regional public library system. In no event shall the Department of
Education require any city or county to provide a higher level of support than the level of
support specified in this section in order for a system to qualify for regional library basic
system support aid. This section shall not be construed to prohibit a city or county from
providing a higher level of support for public libraries than the level of support specified
in this section.

new text begin (d) The amounts required to be expended under this section are subject to the reduced
maintenance of effort requirements in section 275.761.
new text end

ARTICLE 8

EARLY CHILDHOOD

Section 1.

Minnesota Statutes 2020, section 124D.13, subdivision 2, is amended to read:


Subd. 2.

Program requirements.

(a) Early childhood family education programs are
programs for children in the period of life from birth to kindergarten, for the parents and
other relatives of these children, deleted text beginanddeleted text end for expectant parentsnew text begin, and for noncustodial providers
of child care
new text end. To the extent that funds are insufficient to provide programs for all children,
early childhood family education programs should emphasize programming for a child from
birth to age three and encourage parents and other relatives to involve four- and five-year-old
children in school readiness programs, and other public and nonpublic early learning
programs. A district may not limit participation to school district residents. Early childhood
family education programs must provide:

(1) programs to educate parents and other relatives about the physical, cognitive, social,
and emotional development of children and to enhance the skills of parents and other relatives
in providing for their children's learning and development;

(2) structured learning activities requiring interaction between children and their parents
or relatives;

(3) structured learning activities for children that promote children's development and
positive interaction with peers, which are held while parents or relatives attend parent
education classes;

(4) information on related community resources;

(5) information, materials, and activities that support the safety of children, including
prevention of child abuse and neglect;

(6) a community needs assessment that identifies new and underserved populations,
identifies child and family risk factors, particularly those that impact children's learning and
development, and assesses family and parenting education needs in the community;

(7) programming and services that are tailored to the needs of families and parents
prioritized in the community needs assessment; and

(8) information about and, if needed, assist in making arrangements for an early childhood
health and developmental screening under sections 121A.16 and 121A.17, when the child
nears the third birthday.

Early childhood family education programs should prioritize programming and services
for families and parents identified in the community needs assessment, particularly those
families and parents with children with the most risk factors birth to age three.

Early childhood family education programs are encouraged to provide parents of English
learners with translated oral and written information to monitor the program's impact on
their children's English language development, to know whether their children are progressing
in developing their English and native language proficiency, and to actively engage with
and support their children in developing their English and native language proficiency.

The programs must include learning experiences for children, parents, and other relatives
that promote children's early literacy and, where practicable, their native language skills
and activities for children that require substantial involvement of the children's parents or
other relatives. The program may provide parenting education programming or services to
anyone identified in the community needs assessment. Providers must review the program
periodically to assure the instruction and materials are not racially, culturally, or sexually
biased. The programs must encourage parents to be aware of practices that may affect
equitable development of children.

(b) For the purposes of this section, "relative" or "relatives" means noncustodial
grandparents or other persons related to a child by blood, marriage, adoption, or foster
placement, excluding parents.

ARTICLE 9

POSTSECONDARY ENROLLMENT OPTIONS AND GRADUATION

Section 1.

Minnesota Statutes 2020, 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 an accreditor recognized by the United States
Department of Education, or a private, residential, two-year or four-year, liberal arts,
degree-granting college or university located in Minnesota.new text begin An eligible institution cannot
require or base any part of the admission decision on a student's race, color, creed, religion,
national origin, sex, age, marital status, status with regard to public assistance, sexual
orientation, disability, or gender.
new text end

(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.

Sec. 2.

Minnesota Statutes 2020, section 124D.09, subdivision 7, is amended to read:


Subd. 7.

deleted text beginDissemination of information;deleted text end Notification of intent to enroll.

deleted text beginBy the earlier
of (1) three weeks prior to the date by which a student must register for district courses for
the following school year, or (2) March 1 of each year, a district must provide up-to-date
information on the district's website and in materials that are distributed to parents and
students about the program, including information about enrollment requirements and the
ability to earn postsecondary credit to all pupils in grades 8, 9, 10, and 11.
deleted text end To assist the
district in planning, a pupil must inform the district deleted text beginby May 30 of each yeardeleted text end of the pupil's
intent to enroll in postsecondary courses during the following deleted text beginschool year. A pupil is bound
by notifying or not notifying the district by May 30.
deleted text endnew text begin term. A pupil who does not notify the
district of their intent to enroll by May 30 for the fall term or October 30 for the spring term
will not be able to enroll in postsecondary courses under this section.
new text end

Sec. 3.

Minnesota Statutes 2020, section 124D.09, subdivision 13, is amended to read:


Subd. 13.

Financial arrangements.

For a pupil enrolled in a course under this section,
the department must make payments according to this subdivision for courses that were
taken for secondary credit.

The department must not make payments to a school district or postsecondary institution
for a course taken for postsecondary credit only. The department must not make payments
to a postsecondary institution for a course from which a student officially withdraws during
the first deleted text begin14deleted text endnew text begin ten businessnew text end days of thenew text begin postsecondary institution'snew text end quarter or semester or who
has been absent from the postsecondary institution for the first deleted text begin15 consecutive schooldeleted text endnew text begin ten
business
new text end days of thenew text begin postsecondary institution'snew text end quarter or semester and is not receiving
instruction in the home or hospital.

A postsecondary institution shall receive the following:

(1) for an institution granting quarter credit, the reimbursement per credit hour shall be
an amount equal to 88 percent of the product of the formula allowance minus $425, multiplied
by 1.2, and divided by 45; or

(2) for an institution granting semester credit, the reimbursement per credit hour shall
be an amount equal to 88 percent of the product of the general revenue formula allowance
minus $425, multiplied by 1.2, and divided by 30.

The department must pay to each postsecondary institution 100 percent of the amount
in clause (1) or (2) within 45 days of receiving initial enrollment information each quarter
or semester. If changes in enrollment occur during a quarter or semester, the change shall
be reported by the postsecondary institution at the time the enrollment information for the
succeeding quarter or semester is submitted. At any time the department notifies a
postsecondary institution that an overpayment has been made, the institution shall promptly
remit the amount due.

Sec. 4.

Minnesota Statutes 2020, section 124D.128, subdivision 1, is amended to read:


Subdivision 1.

Program established.

A learning year program provides instruction
throughout the year on an extended year calendardeleted text begin, extended school day calendar, or both.
A pupil may participate in the program and accelerate attainment of grade level requirements
or graduation requirements
deleted text end. A learning year program may begin after the close of the regular
school year in June. The program may be for students in one or more grade levels from
kindergarten through grade 12.

Sec. 5.

Minnesota Statutes 2020, section 124D.128, subdivision 3, is amended to read:


Subd. 3.

Student planning.

A districtdeleted text begin, charter school,deleted text end or state-approved alternative
program must inform all pupils and their parents about the learning year program and that
participation in the program is optional. A continual learning plan must be developed at
least annually for each pupil with the participation of the pupil, parent or guardian, teachers,
and other staff; each participant must sign and date the plan. The plan must specify the
learning experiences that must occur during the entire fiscal year and are necessary for grade
progression or, for secondary students, graduation. The plan must include:

(1) the pupil's learning objectives and experiences, including courses or credits the pupil
plans to complete each year and, for a secondary pupil, the graduation requirements the
student must complete;

(2) the assessment measurements used to evaluate a pupil's objectives;

(3) requirements for grade level or other appropriate progression; and

(4) for pupils generating more than one average daily membership in a given grade, an
indication of which objectives were unmet.

The plan may be modified to conform to district schedule changes. The district may not
modify the plan if the modification would result in delaying the student's time of graduation.

Sec. 6. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 120B.35, subdivision 5, new text end new text begin is repealed.
new text end

ARTICLE 10

TECHNICAL CORRECTIONS

Section 1.

Minnesota Statutes 2020, section 290.0679, subdivision 2, is amended to read:


Subd. 2.

Conditions for assignment.

A qualifying taxpayer may assign all or part of
an anticipated refund for the current and future taxable years to a financial institution or a
qualifying organization. A financial institution or qualifying organization accepting
assignment must pay the amount secured by the assignment to a third-party vendor. The
commissioner of education shall, upon request from a third-party vendor, certify that the
vendor's products and services qualify for the education credit. A denial of a certification
deleted text begin is subject to the contested case procedure underdeleted text endnew text begin may be appealed to the commissioner of
education notwithstanding
new text end chapter 14. A financial institution or qualifying organization that
accepts assignments under this section must verify as part of the assignment documentation
that the product or service to be provided by the third-party vendor has been certified by
the commissioner of education as qualifying for the education credit. The amount assigned
for the current and future taxable years may not exceed the maximum allowable education
credit for the current taxable year. Both the taxpayer and spouse must consent to the
assignment of a refund from a joint return.

Sec. 2.

Minnesota Statutes 2020, section 469.176, subdivision 2, is amended to read:


Subd. 2.

Excess increments.

(a) The authority shall annually determine the amount of
excess increments for a district, if any. This determination must be based on the tax increment
financing plan in effect on December 31 of the year and the increments and other revenues
received as of December 31 of the year. The authority must spend or return the excess
increments under paragraph (c) within nine months after the end of the year.

(b) For purposes of this subdivision, "excess increments" equals the excess of:

(1) total increments collected from the district since its certification, reduced by any
excess increments paid under paragraph (c), clause (4), for a prior year, over

(2) the total costs authorized by the tax increment financing plan to be paid with
increments from the district, reduced, but not below zero, by the sum of:

(i) the amounts of those authorized costs that have been paid from sources other than
tax increments from the district;

(ii) revenues, other than tax increments from the district, that are dedicated for or
otherwise required to be used to pay those authorized costs and that the authority has received
and that are not included in item (i);

(iii) the amount of principal and interest obligations due on outstanding bonds after
December 31 of the year and not prepaid under paragraph (c) in a prior year; and

(iv) increased by the sum of the transfers of increments made under section 469.1763,
subdivision 6
, to reduce deficits in other districts made by December 31 of the year.

(c) The authority shall use excess increment only to do one or more of the following:

(1) prepay any outstanding bonds;

(2) discharge the pledge of tax increment for any outstanding bonds;

(3) pay into an escrow account dedicated to the payment of any outstanding bonds; or

(4) return the excess amount to the county auditor who shall distribute the excess amount
to the city or town, county, and school district in which the tax increment financing district
is located in direct proportion to their respective local tax rates.

(d) For purposes of a district for which the request for certification was made prior to
August 1, 1979, excess increments equal the amount of increments on hand on December
31, less the principal and interest obligations due on outstanding bonds or advances,
qualifying under subdivision 1c, clauses (1), (2), (4), and (5), after December 31 of the year
and not prepaid under paragraph (c).

(e) The county auditor mustnew text begin, prior to February 1 of each year,new text end report to the commissioner
of education the amount of any excess tax increment distributed to a school district deleted text beginwithin
30 days of the distribution
deleted text endnew text begin for the preceding taxable yearnew text end.

(f) For purposes of this subdivision, "outstanding bonds" means bonds which are secured
by increments from the district.

(g) The state auditor may exempt an authority from reporting the amounts calculated
under this subdivision for a calendar year, if the authority certifies to the auditor in its report
that the total amount authorized by the tax increment plan to be paid with increments from
the district exceeds the sum of the total increments collected for the district for all years by
20 percent.

Sec. 3.

Minnesota Statutes 2020, section 609A.03, subdivision 7a, is amended to read:


Subd. 7a.

Limitations of order effective January 1, 2015, and later.

(a) Upon issuance
of an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) except as provided in clause (2), an expunged record may be opened, used, or
exchanged between criminal justice agencies without a court order for the purposes of
initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
purposes or providing probation or other correctional services;

(2) when a criminal justice agency seeks access to a record that was sealed under section
609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
for lack of probable cause, for purposes of a criminal investigation, prosecution, or
sentencing, the requesting agency must obtain an ex parte court order after stating a
good-faith basis to believe that opening the record may lead to relevant information;

(3) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order;

(4) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the commissioner had been properly served with notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner of human services;

(5) an expunged record of a conviction may be opened for purposes of a background
check required under section 122A.18, subdivision 8, unless the court order for expungement
is directed specifically to the Professional Educator Licensing and Standards Board deleted text beginor the
licensing division of the Department of Education
deleted text end; and

(6) the court may order an expunged record opened upon request by the victim of the
underlying offense if the court determines that the record is substantially related to a matter
for which the victim is before the court.

(c) An agency or jurisdiction subject to an expungement order shall maintain the record
in a manner that provides access to the record by a criminal justice agency under paragraph
(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
of Criminal Apprehension shall notify the commissioner of human servicesdeleted text begin,deleted text endnew text begin ornew text end the
Professional Educator Licensing and Standards Boarddeleted text begin, or the licensing division of the
Department of Education
deleted text end of the existence of a sealed record and of the right to obtain access
under paragraph (b), clause (4) or (5). Upon request, the agency or jurisdiction subject to
the expungement order shall provide access to the record to the commissioner of human
servicesdeleted text begin,deleted text endnew text begin ornew text end the Professional Educator Licensing and Standards Boarddeleted text begin, or the licensing
division of the Department of Education
deleted text end under paragraph (b), clause (4) or (5).

(d) An expunged record that is opened or exchanged under this subdivision remains
subject to the expungement order in the hands of the person receiving the record.

(e) A criminal justice agency that receives an expunged record under paragraph (b),
clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
record to the investigation, prosecution, or sentencing for which it was obtained.

(f) For purposes of this section, a "criminal justice agency" means a court or government
agency that performs the administration of criminal justice under statutory authority.

(g) This subdivision applies to expungement orders subject to its limitations and effective
on or after January 1, 2015.

Sec. 4. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering. The revisor shall also make any technical language
and other changes necessitated by the renumbering and cross-reference changes in this act.
new text end

new text begin Column A
new text end
new text begin Column B
new text end

new text begin General Requirements Statewide Assessments
new text end

new text begin 120B.30, subdivision 1a, paragraph (h)
new text end
new text begin 120B.30, subdivision 1
new text end
new text begin 120B.30, subdivision 1, paragraph (q)
new text end
new text begin 120B.30, subdivision 2
new text end
new text begin 120B.30, subdivision 1a, paragraph (g)
new text end
new text begin 120B.30, subdivision 3
new text end
new text begin 120B.30, subdivision 1b
new text end
new text begin 120B.30, subdivision 4
new text end
new text begin 120B.30, subdivision 1, paragraph (n)
new text end
new text begin 120B.30, subdivision 5, paragraph (a)
new text end
new text begin 120B.30, subdivision 1, paragraph (a)
new text end
new text begin 120B.30, subdivision 5, paragraph (b)
new text end
new text begin 120B.30, subdivision 1a, paragraph (e)
new text end
new text begin 120B.30, subdivision 6, paragraph (a)
new text end
new text begin 120B.30, subdivision 2, paragraph (a)
new text end
new text begin 120B.30, subdivision 6, paragraph (b)
new text end
new text begin 120B.30, subdivision 2, paragraph (b),
clauses (1) and (2)
new text end
new text begin 120B.30, subdivision 6, paragraph (c)
new text end
new text begin 120B.30, subdivision 2
new text end
new text begin 120B.30, subdivision 6, paragraph (d)
new text end
new text begin 120B.30, subdivision 4
new text end
new text begin 120B.30, subdivision 7
new text end
new text begin 120B.30, subdivision 5
new text end
new text begin 120B.30, subdivision 8
new text end
new text begin 120B.30, subdivision 6
new text end
new text begin 120B.30, subdivision 9
new text end
new text begin 120B.30, subdivision 1, paragraph (e)
new text end
new text begin 120B.30, subdivision 10
new text end

new text begin General Requirements Test Design
new text end

new text begin 120B.30, subdivision 1a, paragraph (a),
clauses (1) to (5)
new text end
new text begin 120B.301, subdivision 1
new text end
new text begin 120B.30, subdivision 1, paragraph (a)
new text end
new text begin 120B.301, subdivision 2
new text end
new text begin 120B.30, subdivision 1, paragraph (b)
new text end
new text begin 120B.301, subdivision 3, paragraph (a)
new text end
new text begin 120B.30, subdivision 1, paragraph (n)
new text end
new text begin 120B.301, subdivision 3, paragraph (b)
new text end
new text begin 120B.30, subdivision 1a, paragraph (b)
new text end
new text begin 120B.301, subdivision 3, paragraph (c)
new text end
new text begin 120B.30, subdivision 1a, paragraph (c),
clauses (1) and (2)
new text end
new text begin 120B.301, subdivision 3, paragraph (d)
new text end

new text begin Assessment Graduation Requirements
new text end

new text begin 120B.30, subdivision 1, paragraph (c),
clauses (1) and (2)
new text end
new text begin 120B.304, subdivision 1
new text end
new text begin 120B.30, subdivision 1, paragraph (d)
new text end
new text begin 120B.304, subdivision 2
new text end
new text begin 120B.30, subdivision 1, paragraph (i)
new text end
new text begin 120B.304, subdivision 3
new text end

new text begin Assessment Reporting Requirements
new text end

new text begin 120B.30, subdivision 1a, paragraph (f),
clauses (1) to (3)
new text end
new text begin 120B.305, subdivision 1
new text end
new text begin 120B.30, subdivision 1a, paragraph (d),
clauses (1) to (4)
new text end
new text begin 120B.305, subdivision 2, paragraph (a)
new text end
new text begin 120B.30, subdivision 1, paragraph (m)
new text end
new text begin 120B.305, subdivision 2, paragraph (b)
new text end
new text begin 120B.30, subdivision 1, paragraph (n)
new text end
new text begin 120B.305, subdivision 2, paragraph (c)
new text end
new text begin 120B.30, subdivision 1, paragraph (o),
clauses (1) to (4)
new text end
new text begin 120B.305, subdivision 3, paragraph (a)
new text end
new text begin 120B.30, subdivision 3
new text end
new text begin 120B.305, subdivision 3, paragraph (b)
new text end

new text begin District Assessment Requirements
new text end

new text begin 120B.301, paragraphs (a) to (c)
new text end
new text begin 120B.306, subdivision 1
new text end
new text begin 120B.304, paragraphs (a) and (b)
new text end
new text begin 120B.306, subdivision 2
new text end

new text begin College and Career Readiness
new text end

new text begin 120B.30, subdivision 1, paragraph (p)
new text end
new text begin 120B.307, subdivision 1
new text end
new text begin 120B.30, subdivision 1, paragraph (d)
new text end
new text begin 120B.307, subdivision 2
new text end
new text begin 120B.30, subdivision 1, paragraph (f)
new text end
new text begin 120B.307, subdivision 3
new text end
new text begin 120B.30, subdivision 1, paragraph (g)
new text end
new text begin 120B.307, subdivision 4, paragraph (a)
new text end
new text begin 120B.30, subdivision 1, paragraph (h)
new text end
new text begin 120B.307, subdivision 4, paragraph (b)
new text end
new text begin 120B.30, subdivision 1, paragraph (j)
new text end
new text begin 120B.307, subdivision 4, paragraph (c)
new text end
new text begin 120B.30, subdivision 1, paragraph (k)
new text end
new text begin 120B.307, subdivision 4, paragraph (d)
new text end
new text begin 120B.30, subdivision 1, paragraph (l)
new text end
new text begin 120B.307, subdivision 4, paragraph (e)
new text end

Sec. 5. new text beginREPEALER.
new text end

new text begin Minnesota Rules, part 3535.9910, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-00038

120B.35 STUDENT ACADEMIC ACHIEVEMENT AND GROWTH.

Subd. 5.

Improving graduation rates for students with emotional or behavioral disorders.

(a) A district must develop strategies in conjunction with parents of students with emotional or behavioral disorders and the county board responsible for implementing sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in school, when the district has a drop-out rate for students with an emotional or behavioral disorder in grades 9 through 12 exceeding 25 percent.

(b) A district must develop a plan in conjunction with parents of students with emotional or behavioral disorders and the local mental health authority to increase the graduation rates of students with emotional or behavioral disorders. A district with a drop-out rate for children with an emotional or behavioral disturbance in grades 9 through 12 that is in the top 25 percent of all districts shall submit a plan for review and oversight to the commissioner.

Repealed Minnesota Rule: 21-00038

3535.9910 STATEMENT OF COMPLIANCE.

Assurance of Compliance with State and Federal Law

Prohibiting Discrimination

Name of School District

The undersigned hereby affirm that the above named school district is in compliance with the following state and federal laws prohibiting discrimination:

1. Minnesota Statutes, section 363A.13, Minnesota Human Rights Act, which prohibits discrimination in education programs and activities on grounds of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, or disability.

2. Title VI of the Civil Rights Act of 1964 (Public Law 88-352), which provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the district receives federal financial assistance.

3. Title VII of the Civil Rights Act of 1964 (Public Law 88-352), as amended by the Equal Employment Opportunity Act of 1972 (Public Law 92-261), which prohibits discrimination in employment because of an individual's race, color, religion, sex, or national origin.

4. Title IX of the Education Amendments of 1972 (Public Law 92-318), which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance.

5. The Age Discrimination in Employment Act of 1967 (Public Law 90-202), which prohibits discrimination on the basis of age (40 through 64).

6. Minnesota Statutes, section 121A.04, which prohibits sex discrimination in athletic programs.

7. Part 3500.0500, curriculum, which provides that "No school shall provide any course or activity on the basis of sex. This includes health, physical education, home economics, and industrial education."

8. Parts 3535.0200 to 3535.2200, relating to equality of educational opportunity and school desegregation.

This assurance is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discount, or other federal and state financial assistance extended after the date hereof to the district by the Department of Health, Education, and Welfare and the Department of Education including installment payments after such date on applications for federal financial assistance and state aid allotments which were approved before such date. The district recognizes and agrees that such federal and state financial assistance will be extended in reliance on the representations, supporting information required by Minnesota Statutes, section 127A.42, subdivision 3, and agreements made in this assurance. This assurance is binding on the district and the person or persons whose signatures appear below and who are authorized to sign this assurance on behalf of the district.

The attached form, Information Needed to Evidence Compliance, with this assurance statement is made a part thereof.

Dated _ By _
(School Superintendent)
By _
(President or Chair of School Board)
By _
(Clerk of School Board)